20052187 Ver 1_Complete File_20050129

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2 0 0 5 2 1 8 7
December 5, 2005
Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Reference: Pre-construction notification ID @7 V i
Spring Lake Commercial Development
WRS Realty DEC 9 2005
Cumberland County, NC
EPC Project No.: MR-05023 DENR -WATER WATER BY
i?lE i LANDS AND STORMWATER BRANCH
Dear Sir or Madam,
Attached to this letter you will find a pre-construction notification for a project
located in Spring Lake, Cumberland County, NC. As part of the development of the site,
a culvert with associated fill material will be placed into 94 linear feet (0.02 acres) of an
unnamed tributary of Little River. Impacts to this tributary are unavoidable as the stream
bisects the property and prevents easy access to each side from the other. Please note that
due to the nature and quantity of impacts proposed, written concurrence by the Division
of Water Quality is not required and this submittal is a courtesy copy only.
On behalf of WRS Realty (applicant), we would like to request concurrence that
the proposed project is authorized by Nationwide Permit No. 39 (Residential,
Commercial, and Institutional Development) and Water Quality Certification No. 3402.
If you have any questions regarding this submittal, please feel free to contact me at (828)
243-3956. Thank you for your assistance in this matter.
Respectfully,
ClAw 6q&_V-_
Chris Grose
Environmental Permitting Consultants, Inc.
Cc: Rogan Martin, Freeland & Kauffinan
Bo Murphy, WRS Realty
P.O. Box 3744 - Greenville, South Carolina 29608 - [phone] - Fax [phone]
P.O. Box 2346 - Hendersonville, North Carolina 28793 - Phone/Fax [phone]
Office Use Only: Form Version May 2002
20052187
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 439
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division a? alManagement Area of
Environmental Concern (see the top of page 2 for further de ' 6 1 V L9 D
Applicant Information
DEC 9 2005
WETLAN S AND TORM,7vATER EJRANCH
Name: WRS Realty
Mailing Address: Attn: Bo Murphy
2361 S Centennial Dr
Aiken SC 29803
1. Owner/Applicant Information
Telephone Number: 803-649-1411 Fax Number: 803-642-5908
E-mail Address: bmurphy(c)wrsrealty com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Chris Grose
Company Affiliation: Environmental Permittiny, Consultants Inc.
Mailing Address: PO Box 2346
Hendersonville NC 28739
Telephone Number: 828-243-3956 Fax Number: 864-235-9299
E-mail Address: chrisaenviropermit com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Spring Lake Commercial Development
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0501-98-0540
4. Location
County: Cumberland Nearest Town: Spring Lake
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take 24-87 north from
Fayetteville. In Spring Lake. bear right onto 210 (Lillin on Hwy). The site is located on
your left after approximately 0.5 miles.
5. Site coordinates, if available (UTM or Lat/Long): 35.1740373°, -78.9703008°
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 4.6 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Little River
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is surrounded by commercial and residential
development as well as some forested areas. The site itself is cleared and graded with
almost no native vegetation other than early successional weedy species.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project will involve the construction of a commercial development. The site is
already graded however some additional earthwork with heavy equipment may be necessary
One stream crossing will be necessary to provide access to each side of the site from the
other as the stream completely bisects the property.
11. Explain the purpose of the proposed work: The purpose of the work is to construct a
commercial development with access to each side of the site from the other.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Site work and grading was performed in early 2003.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Two (2) 71-foot long 42-inch RCPs
will be placed into the unnamed tributary located on the site to provide access from one side
of the site to the other as the stream bisects the property. Impacts include the placement of
the pipe with associated fill material.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:HwNv%v.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
1 Culvert and fill 94 UT of Little River 10 ft perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQS.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., w,ww.1opozone.Com,
vww.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 94
i Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Since the stream bisects the oroDerty. a crossina is necessarv to access each side from the
other. Every effort was made to keep impacts to a minimum but cannot be lessened any further
since the graded portions of the site 10 to 20 feet higher than the stream channel.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.eiir.state.nc.us/iicwetlands/stn-nk,ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None proposed due to uq anti of impacts
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://li2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): NIA
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify local stormwater rules (Phase 2)-)?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 6,406 3 N/A
2 1.5
Total
* Zone I extends out 30 feet perpendicular trom near bank of channel; cone /_ exrenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Page 11 of 12
No buffer mitigation is proposed as the impacts have been kept to the minimum required only
for the road crossing and because the site is cleared and an undisturbed 30-foot buffer does not
exist onsite now.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The property is a total of 4.6 acres and approximately 1.6 acres of impervious surface will be
created as a result of the proposed development. A stormwater detention area for each half of the
site has already been constructed and will remain in place post-development.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Tied into municipal wastewater system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
121. .4/abb,:T
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
ENVIRONMENTAL
PERMITTING
CONSULTANTS, INC.
GRAPHIC SCALE
1000 i 1000 2000
1 inch= 2000feet
Post Office Box 3744 DRAWN BY: cs9
Greenville, SC 29608 DATE: 29nov2005
Phone: [phone]
Fax: [phone] EPC PROJECT NO.: •MR-05023
SITE LOCATION
REVISI
TOPOGRAPHIC MAP
Spring Lake Commercial Development
WRS Reallty
Cumberland County, NC
SHEET NO.
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REVISIONS
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DATE:
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GRAPHIC SCALE SHEET NO.
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4
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DATE
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Fax: [phone] EPC PROJECT NO.: MR-05023 USACE P/N: OF 4
F A r Michael F. Easley, Governor
?? 9Q William G. Ross Jr., Secretary
\C G North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E., Director
Division of Water Quality
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
December 13, 2005
DWQ #2005-2187
Cumberland County
CERTIFIED MAIL
Environmental Permitting Consultants, Inc.
Attn: Chris Grose
PO Box 2346
Hendersonville, NC 28739
Subject: Spring Lake Commercial Development
Application Sets and Permitting Fee
Mr. Grose:
On December 9, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on
behalf of WRS Realty for a NW39 (WQC GC3402) in Cumberland County, North Carolina. In reviewing the
cover letter you indicate this application request is a courtesy copy and also request written concurrence for 401
Water Quality Certification. Written concurrence requires a fee payment. Please see fee structure and submit
appropriate payment.
Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a
fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland
and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet
of streams, the fee is $475. In order for DWQ to begin review and process your request, you must send a check in
the appropriate amount made payable to the N.C. Division of Water Quality. Please reference the above DWQ #
in all future correspondence.
In addition, DWQ requires five (5) full application sets for the review process. Please submit with your payment
an additional three (4) application sets. Your project has been placed on hold until all criteria has been met.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
Cyndi Karoly U
CBK/ljd
cc: Bo Murphy, WRS Realty, 2361 S. Centennial Dr, Aiken, SC 29803
File copy
Central Files
20052187 Spring Lake Commercial Dev (Cumberland) Hold for Sets Fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
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