19970111 Ver 1_COMPLETE FILE_19970218

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Robert Phillips
Heartland Carolina Triangle 55 L.P.
7015th Avevue
Suite 4650
Seattle, WA 98104
Dear Mr. Phillips:
LT.K?FA,&14?j
?EHNF=?L
March 4, 1997
Wake County
WQC 401 Project #97011
You have our approval, in accordance with the attached conditions, to place fill material in 0.305 acres
of wetlands or waters for the. purpose of constructing an apartment complex near US 64 and NC 55, as you
described in your application dated 14 February 1997. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Numbers 3103 and 3108. This Certification allows
you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing. -
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786. _
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Chris Huysman; Soil and Environmental Consultants
97001 Utr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment, LTNWA
IT4
Health and Natural Resources • •
Division of Water Quality
James Hunt, Governor [D E H N F?
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 18,199-7
Wake County
WQC 401 Project #970111
APPROVAL of 401 Water Quality Certification
Mr. Robert Phillips
Heartland Carolina Triangle 55 L.P.
7015th Avevue
Suite 4650
Seattle, WA 98104
Dear Mr. Phillips:
You have our approval, in accordance with the attached conditions, to place fill material in 0.305 acres
of wetlands or waters for the purpose of constructing an apartment complex near US 64 and NC 55, as you
described in your application dated 14 February 1997. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Numbers 3103 and 3108. This Certification allows
you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorsey at 919-733-1786.
Sincerely,
Z.
n Howard, J E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Chris Huysman; Soil and Environmental Consultants
970011.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
SITE VICINITY MAP
•
APPROXIMATE BOUNDS AND LOCATION OF
Highway 55 Apartment Site
FROM: CARY, and GREEN LEVEL N.C., U.S.G.S. TOPO. QUAD
SCALE: 1:24 000
APPROXIMATE LONGITUDE: 35' 45' 22"
APPROXIMATE LATITUDE: 78.52' 27"
;ree L to J _ ' ?' _. 4oc?- - -?? \
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ash
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'Sale
l . S° „ . •, - $?a, ?Landing fief, v' - • ?__ = _ _
M
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
RECEIV??
Fr
EMViHON
?NTgt SC/EN???
February 14, 1997
NRCD - DEM 401 ISSUEDUS Army Corps of Engineers
Attn: Mr. John Dorney Attn Mr. Eric Alsmeyer
PO Box 29535 6508 Falls of the Neuse Rd, Suite 120
Raleigh, NC 27626 Raleigh, NC 27615-6846
Dear Mr. Dorney and Mr. Alsmeyer:
The purpose of this letter is to inform you of the intent to utilize Nationwide
Permits 14 and 26 for a total of 0.305 acres of wetland impacts resulting from
construction of the Highway 55 Apartment Complex. The project is located
near Apex, NC (Wake County) approximately 0.6 miles north of the US 64 and
SR 55 intersection (see vicinity map).
The wetland delineation has been reviewed in the field and approved by Eric
Alsmeyer of the U.S. Army Corps of Engineers.
The construction of a road crossing will result in an impact of 0.0072 of "waters
of the US" (see site plan). In order to minimize impact, the orientation of the
road crossing. will be perpendicular to the channel. It will also be necessary to
impact three isolated areas of, jurisdictional wetlands with a total area of 0.297
(see site plan).
Please call if you have questions or require further information. If you decide to
perform a site visit, please contact us so we can arrange for someone to
accompany you.
cerely,
i Huysm
Biologist
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
V,
DWQ ID: Corps Action ID: 199700297
Nationwide Permit Requested (Provide Nationwide Permit. ft 14,26
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Robert Phillips Jr., Senior VP
2. Mailing Address: Heartland Carolina Triangle 55 L.P. 701 5th Avenue
Suite 4650 Subdivision Name:
City: Seattle State: WA Zip Code: 98104
Project location address, including subdivision name (if different from mailing address
above):
3) Telephone Number (Home): (Work): [phone]
4) If applicable, agenfs name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Cary

r.
Specific Location (include road numbers, landmarks, etc.):
0.6 miles north of the intersection of US 64 and SR 55
6. Impacted or nearest stream/river: Beaver Creek
River Basin: Cape-Fear
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO ( X )
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation? No
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b.
Are additional permit requests expected for this property in the future?
YES ( ) NO ( X ) If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 23.93
9b. Estimated total number or acres of wetlands located on project site: 0.305
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.297
Flooding:
Drainage:

Excavation:
Other: road crossing 0.0072
Total acres to be impacted: 0.305
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: no change ft After: ft
Width Before (based on normal high water contours): ft
Width After: ft
Average depth before:
ft After:
V.
ft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel: X
Channel Excavation: Construction of a Dam/Flooding:
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to.
the pond? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Construction of building pods and a road crossing with typical equipment
T-
13. Purpose of proposed work: Construction of building pods and a road crossing
with typical equipment
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected' by the
proposed project. Date contacted: (attach responses from these agencies).
Copy to be sent to USFWS by USACOE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Copy to be sent to SHPO by USACOE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO (X) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Administration Stat Clearinghouse?
YES ( ) NO , ( )

If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 fdet or
their equivalent
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Residential
f. If applicable, what is proposed method of sewage disposal?
Sanitary sewer
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental.
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
nei's/Agenfs Si ture
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))

Date
V
JAN16 '97 17:12 INDRA CROUP P.2i28?- 02
Soil '& 'JJVJ JLn-
onsultants, inc.
244 West Mlllbropk RoadNRLaWgh, North Carolina 2700911111019) 846-59000fax (9I9) 8y6_9467
- AGIENT AUTNORIZAT1t7N FORM
ALL ALAN" TO K•fB r_Fn IN QX Q J LANE)QWN?R
Address: = -o - YLi b5G
Address: --rn
Phone: -• ?S?t>
Project NerreQADQsa Olon:
Date:
The Department of the Army RECEIVED
U.S. Army Corps at Engitnearr Wilmington 0l3trfct
PO Box 1890
Wilmington. NC 28402 JAN- Z
Attn: 1Htt?i? Il.i??fn
gpzir-
Regulatory Branch
Field Office:
Re: Wet€ends Related Consulting atld Permitting.
To Whom It May Concern.
1, the current g=rty owner, hereby doolpnate and authartxe Soil and Envlr inmental
Consultants; Inc. to act in my behalf at my agent in the pmeaessing of permit applications, to
furnish upon reque?j pplemeht"formation In Ai++ at applications;, ate- from this day
forward. This the tto day of J? J.
This notification supersedes any previous corrrtaporsde CO concerning the agent for this project,
• -'r ?Q13E+? i P64 ?s . PS
Print Owners Name: Froverly Owners Signer-e:
cc: Mr. Jahn Domey
NCOEM&NR-DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr, Chris Muysman
Soil and Environmental Consultants, Inc.
SOit/Site I'•valuation 0 Mapping and Physical A,nAysis M Wetlands Mapping and Mitigation 11111 Cn,ironmerktal Aytlit,s
On-site Wast* Treatment Systems, EY41ustion and Design
r
Delineation Perfornled by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Pll: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COP Wetlands Delineation Manual)
Project/Site: w l o ?- thTS A o eT X _ Date: Applicant/Owner ?. / County:- --
Investigator. ??tvt_
State:?_
Do Normal Circumstances exist on the site? ?e No
is the site significantly disturbed
(Atypical Situation)? Yes No
Is the area a potential Problem Area? Yes 1,jo
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ccres Stratum Indicator
1 ., L ?y -?- ?-
2
FA&
4.V1 bavNU ?, d?,?. ww. b_ -FA
6.. Pit
Sv. :),L(,-, V0 ?L.? -Ard
FA-
--
B.?I?bw?4 ?0.e?t0?a?a y_
Community ID: ?,-?wn?ti" ??Ks'?
TransectID:
Plot ID: -
Dominant Plant Species Stratum Indicator
9. o 1 L r?
10. K a wi. RAC_
11.
13.
14.
---------------- -----
15. ---
16. - ----- - ---- -
Percent of Dominant Species that are 013L, FACW or FAC
(excluding FAC-). ? 0 Va
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
r -No Recorded Data Available
Field Observation:;
I )? plh ut Surface Watr t 1-3
1 t •I,(li to } rve Wrrt<•r 1111,11
l,• 1
I "'ptl, t„'"Wilt rilr<1 `;<n1
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
__Saturated in Upjwr t7. inclu•:,
--Water Marks
---Drift Lines
Sediment Deposit:.
?_Drainage Patterns in we(I'll"
;r 0I (1my Indicators (2 o,' more rcquil-
t/Oxidixcd R<x,t r '}tr+nn, 1'• t"
, ttl„•, W 1.1,-... :,, 1

S011's
Mali Unit Name I
(5cries and 1'lrase): Y.iNUV?1
'I'axonotny(,:ul)group) 0LkrG11AV1+
Profile I )c ;rnpUoII
Depth
llorir_o
n_
_

1-Q-2-1
,?=2 ILL- -

Drainage Cli :s. r.QQ! x--- VaSL?r-?!
Field Ob -,elvatl()IL`;
Confirm 1\4111,1wd Type? Yc, o
N4(ltrix Color Mottle Colors Mottle 'I'exturc, Cor1
(Mun:;cll Moist) Munsell Moist) Abundanrc/<:oi?trn t Sti_ucture et
---

5
, IC6
???_?!?.._Ql 0-h

Hydric Soil Indicators:
_ I3istosol
Histic Epipedon
Sulfidic Odor
ZAquic Moisture Regime
--Z Reducing Conditions
? Gleyed or Low-Q-aroma Colors
Remarks:
Concretions
1-1-igh Organic Content in Surface Layer in Sandy Soil
Organic Sueaking in Sandy Soils i
Listed on Local Hydric Soils List.
Listed on National HydricSoils List
Other (Explain in Remarks)
Wetland Delemiination
liydrophytic Vegetation Present? ® No (Circle) 1:; this Sampling Point Within, a Wetland?
Wetland Hydrology Present? No (Circle)
I iydric Soils Present? N1:3 es No
Remarks: ------ ------

Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
1I (1987 CO\E Wetlands Delineation Manual)
Project/Site: 1Awv. 'I1Mtw ?q be?C Date: -/ 9 - `16
Applicant/Owner. County:-
.
Investigator vc_ o v'?'S State: AC-.
15
Do Normal Circumstances exist on the site? es o Community ID: SX k0u.5
Is the site significantly disturbed
(Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies
l?.?r? _h vet 4, hAf,
Stratum Indicator Dominant Plant Species
/-C_. 9.
e 10.
c_ Fi?L il.
1Z
it 13.
a c- A, e- 14.
At y Fi4t. a 15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). .S, > a
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
?No Recorded Data Available
Field Observations:
Depth to Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil- On.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
_____Local Soil Survey Data
__ FAC-Neutrai Test
Other (Explain in Remarks)
SOILS
Map Unit Name
(Series and Phase): ???v+?oo ?` SCy\?_ )do_w? Drainage Class: Wol clyni y'.
Field Observations
Taxonomy(Subgroup):QtAL Confirm Mapped Type? es o
Profile Description:
Depth Matrix Color Mottle Colors Mottle
Texture, Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance /Contrast Structure etc.
?z e V 7/y
13 -- ?, 5 y / v
)'LM Bi )* 16 Y k 7/ q
µ
. ? 1211L 7,eV 6/9
w ;L S?iI SnIV1. e 1n1IVI-Cau 57a --
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? eg) No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes <11Zi) (Circle)
Hydric Soils Present? Yes ? Yes
Remarks: