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Home My WebLink About20052195 Ver 1_Complete File_20051213 rssue..d 05 ~~ ", I~Q~y~t~m~,I.' ~~vll,ll iil)I:;l! l:i;~~ll ~~ PROGRAM ~~@~nw~ ~ MAY 3 0 2006 RECEIPT DENR - WATER QUALITY WETlANDS AND STORMW,l.TER BRANCH May 19, 2006 DWQ#: N/A .20052.195 COE#: 200501231 cPF 'l? Billy Maxwell M 2 Investments, LLC P.O. Box 53688 Fayetteville, NC 28305 Project: The Oaks at Wind wood County: Cumberland " The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $35,916.00, check number 1121, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal orlocal government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table below. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Cape Fear 0 0 0 0 0 164 0 0 03030006 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. ~ g. ~If () FtJ J1.. William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Lillette Granade, USACOE - Wilmington Ken Averitte, DWQ Regional Office - Fayetteville File RMtOYUtj... E~... PYOtectUtj Our Stare,; AVA NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/ 919-715-04761 www.nceep.net "t i S&' EC 2 0 0 5 21-9 5 Soil & Environmental Consultants, PA 11010 Raven Ridge Road . Raleigh. North Carolina 27614 . Phone: (919) 846-5900 · Fax: (919) 846-9467 www.SandEC.com Transmittal To: J)W Q D1tn: Cyrd'j ~(niy a3q I Cx-obh---fe- 'fO)VJ., SiI Zr:tJ J<aJ,e-8h I N( ;<ll()D~ We Transmit to you Herewith: B Drawings D Specifications D Brochures or photos [3'" Correspondence D As per your request Project #: y~(o\. \;0~' Date: ~ J3! D5 Project Name: ftL Of.lKS at W ~(yj\NDOCt File: D For your information and files ~For comment or approval D Returned for correction, resubmit D Approved as noted -Bfldcr Separate Cover. D By mail G' By courier D . By express No. Cqpies Document No. Date Description Remarks: If enclosures are not as listed as above, kindly notify us at once. By: (~J\tO q 10tu'-(lL6 ~~U 10), [g@[gOW, @ ~"Ul U\\ ~::J DEe 1. 3 Z005 ~har1otte Office: 236 LePhillip Court, Suite C Concord. NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 DENt<.. VVATER .q~!~:~'~:~ t~ . ~HCTl r ,!-nr; A f ,t\ ('l.f;:....~ $.\"~ 11~.~ r,;~!'.)r.H Greensboro Office: 3817-E Lawndale Drive . Greensboro. NC 27455 Phone:; (336) 540-8234 Fax: (336) 540-8235 S& EC Soil & Environmental Consultants, PA 11010 Raven Ridge Road . Raleigh, North Carolina 27614 . Phone: (919) 846-5900 ~ Fax: (919) 846-9467 www.SandEC.com December 13, 2005 S&EC Project # 9261.w2 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Grenade 69 Darlington Ave Wilmington, NC 28403 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 From: Chris Flowers Soil & Environmental Consultants, P .A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: The Oaks at Windwood Stedman, NC On behalf of the owner, M2 Investments LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 39 and 12 and their associated General Water Quality Certifications. This application is being sent to the NC Division of Water Quality (DWQ) as a courtesy copy only. Please contact me at (919) 846- 5900 if you have any questions or require additional information. In addition, please consider this application our request for a no practical alternatives determination. PROJECT SUMMARY Proiect Name The Oaks at Windwood Proiect Type Residential Subdivision Owner I Applicant Ml Investments LLC County Cumberland Nearest Town Stedman Water Body Name Buck Creek Basin I Sub-basin Neuse 03-06-18 Index Number 18-69-12-5-2 Class C,sw Stream Impact (acres): 0.008 ac Wetland Impact (acres): 0.073 ac Open Water Impact (acres): O.Oac Total Impact to Waters of the U.S. (acres) 0.081 ac Total Stream Impact (linear feet): 82' Total Impact to Buffers NA IMPACT SUMMARY Attachments: . Pre-construction Notification (PCN) Application Form . Agent Authorization . Stedman - USGS Map . Cumberland Soil Survey Map . Overall Impact Map . Inset Impact Maps . Notice of Jurisdictional Determination . Sign-Off map (USACE Only) Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 12/13/2005 10:35 9103231471 RAlvl DEVELOPlvlENT PAGE 02/02 son Be En ,iroDftlental Consultants, PA 11010 ..... _Iload. . 1WcfaII,. ~ CilIroUaa 21614 · ftDae: (919) 846$00 · l~ (919) 146-9467 .~ AGRNT:AUTIlORlZAnON FORM All Blanb To Be Filled In By The Cmrent T mmwner or Municipal Official Name: "^ 2. r N "est-rl\1t..4 -tS ~ Addiess; ? b ~~ 63 u '0 t6 -FA-.Ja.l+~\J-I~<-" z,~305 Phone: ~\D- 7~)- ~'3o \ , Project NarodDctCription: .?+.e.d~f'\.~ --' 1-k.>CZ:N8 s&EC Project # - Date: J.J.;(7- / 0 ~ f I Tha l>epIIdmeat of,tbe Atm.y U.8. AnDY Corps off.nainecrs. ~ District P.o. Box 1890 WiJminat,oP. NC 28402 Attn: Field Office; Rc: Wetlands Related Co11sulting and Pemrltting To Whom It May CoDcen1: 1. the curtent landowner (# muIlid.paI official, heRby desipate aDd authorize Soil & EnviroDmt:Dtal Consultama. PA to agt in my beha1fu my ageDt in the processing ofpermit epplicatiODSt to 1Umish upon ~t aupplcancntal infonnation in support of spplicatioua, etc. from this day forward. The, I~ day of VI' 1~~~ This DOtification supersedes ~ previous conapondencc conceroing tho aamt foe this projcc:t. NOTICE: 'IbJt antborJladoa, for JlabUltT ...d,p~1 ~ 1'CMOIII,.......4 only for .".._t oflklall to ..tv tile pnpertJ ",Ilea accampaaled by S&EC tUff. You lho1llcl c:aIl Sld:C tv uraae. tlte...... prior to vIIltbuE the lite. ~ ~ \\(PrtY\ A. {y\ ~ltJ~U :r~ Print Property Owner's or Municipal Ofticlal's Name oc: M.. CyMi Karoly NCDENR-DWQ 2321 Crabtree Bou1evatd Ratelp. NC 21604 ~~ .cc: Mr. ChriJP10WCtlt Soil8t~ CoD$UltaDJl, PA ~Offic:c: 23(j lAPbilUp ~ Suite C cOlIQOI'd, NC 28025 PhQJ:le: (704) 720-940.5 Fax: ("ro4) 720-9406 ~sbam pmce: 3S17~E LawDd/lIe Drive OReuboro. NC 27455 PbODC: (336) S40-8234 Fax: ()36) ~s Office Use Only: Form Version March 05 20052185 USACE Action ID No. 200500963 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or ifNI A".) I. Processing 1. Check all ofthe approval(s) requested for this project: [;g] Section 404 Permit 0 Riparian or Watershed Buffer Rules o Section 10 Permit 0 Isolated Wetland Permit from DWQ o 401 Water Quality Certification 0 Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 & 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: [;g] 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, att~ch the acceptance letter from NCEEP, complete section VIII, and check here: 0 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 of Coastal Management Area of Environmental Concern (see the top of page 2 for further det~l~~ ~ Applicant Information \: 0 Eel 3 Z005 II. I. Owner/Applicant Information Name: M2 Investments LLC Mailing Address: Attn: Billy Maxwell PO Box 53688 Fayetteville. NC 28305 DENR - 'll;HER QUALITY ~~VET!..ANDS "l~D STOR:A\ V:\TER 8Rl~NCH Telephone Number: 910-323-4301 E-mail Address: Fax Number: 910-323-1471 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 Flowers Company Affiliation: Soil and Environmental Consultants. P .A. Mailing Address: 11010 Raven Ridge Rd. Raleigh. NC 27614 Telephone Number: 9 I 9-846-5900 E-mail Address:CFlowers@sandec.com Fax Number: 919-846-9467 Page 1 of8 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 I I 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 ofproject: The Oaks at Windwood 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 0486-63-3937. 0486-54-4608 4. Location County: Cumberland Nearest Town: Stedman Subdivision name (include phase/lot number): The Oaks at Windwood Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville take NC Hwy 24 (Clinton Rd.) east to Blake Rd. Turn Left on Blake Road. Head north on Blake Rd. approximately 0.25 mile. Site is on west side of road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 035001 '30.29" ON 078042'49.60" oW 6. Property size (acres): +/- 73 acres 7. Name of nearest receiving body of water: Buck Creek 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://h20.enr.state.nc.us/adminlmaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time ofthis application: The site is currently in early succession growth. The land use in the vicinity ofthe site consists of forested. residential. and agricultural property. Page 2 of8 10. Describe the overall project in detail, including the type of equipment to be used: The project is the development of a +/-120 lot residential subdivision. Heavy equipment typically used in grading and construction will be used. II. Explain the purpose ofthe proposed work: The purpose of the proiect IS to meet the growing demand for residential property in the area of Stedman. 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. In January of 2005 the applicant had S&EC perform a wetland delineation to obtain USACE approval of the jurisdictional waters on-site. Please see the attached notice of Jurisdictional Determination. In the fall of2005 a violation of the clean water act was identified on this and two adjacent properties. The violation. which involved the excavation / modification of Buck Creek. was not performed by the applicant. The EP A assumed iurisdiction of the enforcement of the violation. 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. No future phases will be constructed. therefore no additional permits are anticipated for this proiect. VI. Proposed Impacts to Waters of the United StateslWaters 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 Page 3 of8 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. I. Provide a written description of the proposed impacts: The construction of the subdivision requires two impacts to iurisdictional waters. The first is a road crossing over a perennial stream. which will impact 82 linear feet (0.008 ac) of stream. The second impact is a temporary impact to wetlands resulting from the connection of a sanitary sewer line. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, t I r t " t d t b th tru t d fl d' separa elY IS Impac s ue 0 0 s cure an 00 mg. Wetland Impact Type of Wetland Located within Distance to Area of 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) Impact #2 Temporary NWP 12 excavation Bottomland Hardwood Yes :t 350 0.073 Temporary Total Wetland Impact (acres) 0.073 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 7 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acrea e, multi lien h X width, then divide b 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type ofImpact Intennittent? Stream Width Length Impact indicate on ma Before 1m act linear feet acres 4' Impact # 1 NWP 30 UT to Buck Creek Culvert Perennial 82' 0.008 Total Stream Impact (by length and acreage) 82' 0.008 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill . d d' fl d" d' b lkh d t 1 , excavatIon, re !g1n~) 00 mg, ramage, u ea s, e c. Open Water Impact Name of Water body Type of Water body Area of Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) (if applicable) ocean, etc.) (acres) NA NA NA NA 0.0 Total Open Water Impact (acres) 0.0 Page 4 of 8 6. 7. Isolated Waters Do any isolated waters exist on the property? D Yes ~ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. NA 8. 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): D uplands D stream D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.):_NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):_NA Current land use in the vicinity of the pond:_NA Size of watershed draining to pond:_NA Expected pond surface area:_NA 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. The impacts to jurisdictional waters have been minimized to the maximum extent practicable. The road crossing is necessary to provide interconnectivity for the residents of the subdivision as well as emergency vehicle access. The road is crossing the channel at a point where no adjacent wetlands exist to minimize the total impact to jurisdictional waters. The temporary impact to wetlands is necessary to connect the proposed subdivision to the existing sanitary sewer network. 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 5 of8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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://h20.enr.state.nc.us/ncwetlands/strmgide.html. I. 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. The potential for onsite mitigation does exist on Buck Creek. However. because the violation to Buck Creek was not caused by the applicant it is our belief that the restoration / violation of Buck Creek not involve the applicant. Because impacts have been avoided and minimized to the maximum extent practicable we believe that no mitigation should be required. However. if mitigation is required we propose that payment be made to the NCEEP. If it is determined by the USACE that stream mitigation is required we will contact the NCEEP to confirm their availability to accept compensatory payment. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 82' (if required) Amount of buffer mitigation requested (square feet): 0.0 Amount of Riparian wetland mitigation requested (acres): 0.0 Amount of Non-riparian wetland mitigation requested (acres): 0.0 Page 60f8 Amount of Coastal wetland mitigation requested (acres): 0.0 IX. Environmental Documentation (required by DWQ) I. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes D No [8J 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPNSEPA)? Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes D No D 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP A final approval letter. Yes D No D 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes D No [8J 2. If "yes", 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 buffi If r er mu lPllers. Zone* Impact Multiplier Required (square feet) Mitigation 1 NA 3 (2 for Catawba) NA 2 NA 1.5 NA Total NA NA * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. NA Page 7 of8 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The impervious surface percentage of the proposed development does not exceed 20%. 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 ofthe subject facility. The proiect will tie into the existing sanitary sewer lines. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ~ No D * See Project History for more information. Is this an after-the-fact permit application? Yes D No ~ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes D No ~ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This development is not expected to be a catalyst for additional development which would impact downstream water quality. XV. 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). NA (~ ~ 17//'> /C7.s- . Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 0[8 Project Mgr.: TP Figure 1 . USGS Map Blake Road Cumberland County, NC Scale: 1" = 2,000' 01/18/05 Stedman Quadrangle Soil & Environmental C~nsultants, P A 11010 Raven Ridge Rd.. Ralelgh, NC 27614 (919) 846-5900 . (919) 846-9467 Web Page: www.SandEC.com Project #: Scale: 9261.W1 1":2000' Project Date: Mgr.: TP 1/06105 Figure 2 - Soil Survey Soil & Environmental Consultants, P A 11010 Raven Ridge Rd." Raleigh. NC 27614 (919) 846-5900 " (919) 846-9467 Web Page: www.SandEC.com Blake Road Site Moorman, Kizer & Reitzel, Inc. Cumberland County, NC Cumberland County Soil Survey Sheet 13 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200500963 County: Cumberland U.S,G.S. Quad: Stedman NOTIFICATION OF JURISDICTIONAL DETERMINATION ..1 LJ r\] 3 0 2005 Address: PO Box 325 Stedman. NC 28391 Agent: Aaron Cooper Soil and Environmental Consultant~. PA 11010 Raven Ride:e Road Raleie:h. NC 27614 Property Owner: Billv D. Horne Telephone No.: (910) 237-7890 (919) 846-5900 Property description: Size (acres) 76 acres Nearest Town Stedman Nearest Waterway Buck Creek River Basin Cape Fear River USGS HUC Coordinates N 35.0246 W 78.7106 Location description The property is located in the headwaters of Buck Creek. a tributary to South River. a tributary to Black River. a tributary to the Cape Fear River. north of HWY 24. on Blake Road. west of Stedman. Cumberland County. North Carolina. Indicate Which of the Followine Applv: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC ~ 1344). Unless there is a chane:e in the law or our published ree:ulations. this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The wetland on your property have been delineated and the delineation has been verified bv the Corps. We strone:lv sue:e:est you have this delineation surveyed. Upon completion. this survey should be reviewed and verified bv the Corps. Once verified. this survey will provide an accurate depiction of all areas subject to CW A jurisdiction on your property which. provided there is no chane:e in the law or our published rel?:ulations. may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S" to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 395-3900 to determine their requirements. Page 1 of2 Action ill: 200500963 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC ~ 1311). Uyou have any questions regarding this determination and/or the Corps regulatory program, please contact .Josh Pelletier at (910) 251-4725. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is in the headwaters of Buck Creek. a tributary to South River. a tributary to Black River. a tributary to the Cape Fear River. a navil!:able water of the United States. Remarks: Corps Regulatory Official: ~d.f ;12/~ Corps Regulatory Official (Initial): ~-e.J J ~AfA_a~- I Expiration Date .June 28. 2010 Date .June 28. 2005 FOR OFFICE USE ONLY: . A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. . A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. . If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 A licant: Billy Horne Attached is: INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) PROFFERED PERMIT (Standard Permit or Letter of ermission) PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION Date: June 28, 2005 See Section below A B C D E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. . ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance ofthe LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. . O:?JECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit . ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. . APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. . ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. . APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the .corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review, officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: If you only have questions regarding the appeal process you may also contact: Mr. Mike Bell, Administrative Appeal Review Officer CESAD-ET -CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Geor ia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course ofthe appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of a ellant or agent. IMPACTED AREA=82'x 4'(CANAL)=328 SF.=O.008 AC. IMPACTED AREA ' 'I 12 7 APRON LENGT~' . &-'i" / /).'v / 2 4 3 3+45(LT.) EX.S.S.M.H. TOP 124.48 EX.10. INV. 113.27 --- --- .:z:- ~f~c:-t =IF~ .- =--- ~ -- ..-- -1:1---- --'- ~ --, "i 2 0 0 - ::; 2 1 9 5 1 30 1 30 ~ ~ . .___a_ .. .......... ........ ........ ........ ... ~ .......... --.... .. .... .........-_. ........ .... ----- ........ .-..-- 1 20 ....~ .. 1 20 -..... . . .- ........... ...... ... -........ .. .... ...... .... ....... ~ 2+00 3+00 4+00 --,- ENGINEERS PLANNERS SURVEYORS MOORMAN,KIZER & REITZEL,INC. 115 BROADFOOT AVE. FAYETTEVILLE. N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 'N:CTLAt,mS if,!'p SITE The Oaks at Windwood 2 tf;,: M Investments L.L.C. !'.; 1 j-.,'-.'. VICINITY MAP N.T.S. S t ~-;drr, n n t.Jt,! (': c: ~2 :,:)O:j _",~",_.,"_"_ ._.._. ___"_'._.__Wh___'__"_'_O._'__"'_ '--"-~-r ..u ".__.~_.____.__..._'___'" m..___ _"_n'_""'. -:-,----... .~-.--'--._..-. ...--..-.'-' iDRAWN BY S i'v1 ! 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