20051607 Ver 1_401 Application_20050822 (258)

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
2 0 0 5 1 6 0 7 August 19, 2005
S&EC Project # 6348.w2
To: N.C. Division of Water Quality US Army Corps of Engineers
401 Oversight and Express Permits Unit Raleigh Regulatory Field Office
Attn: Cyndi Karoly Attn: Thomas Brown
2321 Crabtree Boulevard, Suite 250 6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27604-2260 Raleigh, North Carolina 27615 12??
From: Bob Zarzecki p?
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614 AuG `?
t;?t:it - ?Jtil L•tt (:1St\t.l1Y
p;Pi:OSiO 'ytiAjtRBRANON
Re: "After-the-Fact" Neuse Buffer Request for Authorization Certificate ? r
Report to USACE of < 1/10 ac Wetland Fill as Required under Condition I, NWP39
Highland Village Apartments, Highland Village, Cary, Wake County, NC
On b,-half of the owner, Highland Village Limited Partnership, please find attached a complete
application and supplemental information requesting an "after-the-fact" no practical alternatives
review and Authorization Certificate from the N.C. Division of Water Quality (DWQ) for
impacts to the Neuse River Buffers.
We also request that this information act as the applicant's report of less than \1/10\ acre-of
wetland fill to satisfy their compliance with Condition I of Nationwide Permit No. 39.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Highland Village Apartments
Project Type Residential
Owner / Applicant Highland Village Limited Partnership
Count Wake
Nearest Town Ca
Waterbod Name UT to MacGregor Downs Lake
Basin / Sub-basin 27-43-2.2
Index Number 03-04-02
Class WS-III NSW
TOTAL BUFFER IMPACT SUMMARY
ZONE 1 (square feet) 686 sf
ZONE 2 (square feet) 2,096 sf
TOTAL (square feet) 2,782 sf
Attachments:
Pre-construction Notification (PCN) Application Form & supplemental information
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Office Use Only: Form Version March 05
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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 of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant Information
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Mailing Address: Attn: Natalie Connell
113 South Wilmington Street /y'oo
Raleigh, NC 27601-1443
Telephone Number: [phone] x 3006 Fax Number: [phone]
E-mail Address: [e-mail]
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: Bob Zarzecki
Company Affiliation: Soil & Environmental Consultants, PA (S&EC)
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: bzarzeckinsandec.com
Page 1 of I I
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: HIGHLAND VILLAGE APARTMENTS
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0764009543
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Highland Village
Directions to site (include road numbers/names, landmarks, etc.): Highland Village is located
southeast of Matheson Place and Falcone Parkway Extension, Cary, NC. From Raleigh take
Hillsborough Street west towards Cary' Hillsborough Street will become East Chatham
Street, take E Chatham Street through Cary to West Chatham Street: merge right onto Old
Apex Road; turn left onto Falcone Parkway; the site will be on your left.
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): 35.7850 °N, 78.7943 °W, (WGS84/NAD83)
6. Property size (acres): Highland Village Apartments = 3.28 acres, the remainder of the
Highland Villa.,e Development = 13.38 acres-, Total Area = approximately 17 acres
7. Name of nearest receiving body of water: MacGregor Downs Lake (27-43-2.2, WS-III NSW)
8. River Basin: Neuse River (03-04-02)
(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:
Pabc 2 of 11
Highland Village Apartments are currently under construction. The bio-retention area
(Bioretention Area 3) is currently being used as an erosion and sediment control device (see
attached photos) and will be converted to a bio-retention area once construction is complete.
Construction is complete and residents are living within the buildings of The Commons at
Highland Village and Highland Manor. The remainder of Highland Village is currently
under varying stages of grading and construction. The general land uses in the vicinity of the
project include vacant land (zoned for commercial and multifamily residential), existing
commercial buildings and existing residential homes.
10. Describe the overall project in detail, including the type of equipment to be used:
Highland Village is a multi-use residential development including apartment buildings,
condominiums and townhomes. The only parcel containing jurisdictional waters or buffers
is the Highland Village Apartments parcel The project includes the completion of
construction of the Highland Village Apartments and associated bio-retention area. Heavy
equipment typical for the site preparation and construction of a residential apartment building
complex have and will be used.
11. Explain the purpose of the proposed work:
The basic project purpose is the completion of construction of the Highland Village
Apartment complex.
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.
S&EC was contracted during the project planning stages of the development to conduct a
Jurisdictional Determination for the presence of Waters of the US regulated under Section 404 &
401 of the Clean Water Act and to identify surface waters subject to the Neuse River Buffers.
Ms Amanda Jones of the USACE verified the Jurisdictional Determination (JD) and approved
the JD map in Jul 2001 see attached JD and map).
Mr. Charles Brown of the DWQ verified surface waters subject to the Neuse Buffer Rule in
March 2002 (see attached letter). The only surface water determined to be subject to the buffers
within the Highland Village development was approximately 65 feet of an intermittent stream
located near the eastern property boundary (previously depicted with flags 100 to 103. The
stream flowed out of an approximately 110 foot long 12" diameter pipe that drained a wetland
Page 3 of 11
area north of the pipe (see attached JD map)The stream flows south for approximately 65 feet
and then enters another pipe near the eastern property line. While with the DWQ, I confirmed
Mr. Brown's detennination in May 2002 (see attached letter).
The Highland Village Apartments site plan was revised in late 2002 and early 2003 to avoid and
minimize impacts to the wetlands streams and buffers. A large retaining wall was used along
the entrance road (Winfred Dell Lane) and on the west side of the bio-retention area to minimize
and avoid impacts to these resources However, 3 3,928 square feet or approximately 0.09 acres of
wetlands were proposed to be impacted by the revised site plan.
The applicant impacted the 0.09 acres of wetlands in 2005 for the construction of Falcone Drive
Extension and the Highland Village Apartment complex with the understanding that this activity
did not require prior notification to or written authorization from the USACE under Nationwide
Permit No 39(NWP 39) or DWQ under General Water Quality Certification No. 3402 because
these impacts were less than 1/10 acre.
Condition I of NWP 39 requires, "For dischar.Qes causing the loss of 11/101 acre or less of
waters of the United States the permittee must submit a report within 30 days of completion of
the work-, to the District Engineer that contains the following information: (1) The name.
address and telephone number of the permittee • (2) The location of the work: (3) A description
of the work, L4) The tyl2e and acreage o the loss of waters of the United States (e.g., 11121 acre of
enter ent wetlands): and f5)The tape and acreage o any compensatory mitigation used to offset
the loss of waters of the United States (e.g. 11121 acre o emergent wetlands created on-site)."
While construction of the apartment complex and bio-retention area is not vet complete, the
discharge of fill to waters has already occurred and as such the applicant is copying the USACE
on this request to act as their report to fulfill their obligations required under Condition I of
NWP39.
The applicant believed that the removal of the existing 110 foot long, 12" diameter pipe and
replacement with a new bypass pipe and discharge pipe from the bio-retention area would be
considered an "exempt" activity under the Neuse Buffer Rule as an "existing use". As such, the
applicant replaced the existing 110 foot long 12" diameter pipe with the new bypass pine and
bio-retention area discharge pipe The applicant later contacted S&EC regarding this activity
and S&EC informed the applicant that they believed the activity was not "exempt" from the
Neuse Buffer Rule.
S&EC believes that the activity could be considered "allowable" as a new stormwater
conveyance through the buffer provided that a stornnwater management facility is installed to
control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer.
As such S&FC recommended that the applicant request this "after-the-fact" no practical
alternatives review and Authorization Certificate.
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.
Page 4 of 1 I

There are no future permit requests anticipated for this project.
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. 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
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.
1. Provide a written description of the proposed impacts:
Approximately 0.09 acres of wetlands have been impacted by the proposed project. The
proposed project consists of the extension of Falcone Parkway Extension and the construction of
the Highland Village Apartment complex Please note that the bio-retention area was not
located in an area that previously contained wetlands or other jurisdictional waters.)
This request is only for the "after-the-fact" impacts to the Neuse River Buffers. The
applicant is not requestin1l authorization for the 0.09 acres of wetland impacts, but is
simply reporting these impacts to the Corps by copy of this buffer request.
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,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres) N/A*
* See Item 1 above.
Page 5 of 11
3. List the total acreage (estimated) of all existing wetlands on the property: ± 0.2 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 acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
IntcrniPerennial t?
itten. Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage) 0 0
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 arc not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact acres : 0
Wetland Impact (acres : N/A*
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) N/A*
Total Stream Impact (linear feet): 0
* Note: This request is only for the "after-the-fact" impacts to the Neuse River Buffers.
While 0.09 acres of wetlands have been impacted by the construction of Falcone Parkway
Extension and the Highland Village Apartment complex (see attached Impact Map), the
applicant is not requesting authorization for these impacts but is simply notifying the
Corps of these impacts by copy of this request as required under Condition I of NWP39.
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes H No
Page 6 of 11
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.
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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.
As stated within the Prior Project History section of this application the development plans for
Highland Village were revised to avoid and minimize impacts to jurisdictional waters and
buffers as much as practical Wetland impacts have been reduced below \1 /10\ acre and buffer
impacts have been avoided except for those associated with the replacement of the pre-existing
l 10 foot long 12" diameter pipe with the new bypass pipe and bio-retention area discharge pipe.
Retaining walls were incorporated into the design to avoid impacts to wetlands.
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.
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
Page 7 of 11
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://h2o.cnr.state.nc.us/ncwetlands/stmigide.btml.
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.
It is not anticipated that mitigation will be required for the 0.09 acres of wetland impacts that
have already occurred because the impacts are less than I/10 acre. Also it is not anticipated
that mitigation will be required for the buffer impacts in that the activity that caused these
impacts is believed to be "allowable" and as such should not require mitigation. It should
also be noted fill slopes were kept outside of Zone 1 and the only impact to the buffers
occurred to areas previously impacted by the pre-existing 110 foot long, 12" diameter pipe.
If it is determined that mitigation is required then the applicant proposes payment into the
NC Ecosystem Enhancement Program (EEP).
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
[phone] 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://li2o.enr.state.nc.us/wM/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 8 of 11
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
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 (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 ?
3. 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.
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 ® No ?
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
buffer multipliers.
Impact Required
Zone* C Multiplier 7,Ct.-. +.*..,
1 686 3 (2 for Catawba) 0
2 2,096 1.5 0
Total I 2,782 I 1 0
* 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 1.
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.
It is not anticipated that mitigation will be required for the buffer impacts in that the activity
that caused these impacts is believed to be "allowable" and as such should not require
Page 9 of 11
mitigation It should also be noted that fill slopes were kept outside of Zone i and the only
impact to the buffers occurred to areas previously impacted by the pre-existing 110 foot long,
12" diameter pipe. If it is determined that mitigation is required then the applicant proposes
payment into the NC Ecosystem Enhancement Program (EEPI
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 Highland Villm;,e Apartment complex exceeds 30% impervious surface. While Condition
No 4 of GC3402 does not apply because written concurrence from the DWQ is not required to
use GC3402 bio-retention areas have been incorporated into the design of the development to
manage and treat stormwater runoff from the development and to comply with Cary's Neuse
River Stormwater requirements.
Please note that a DWQ approved Stormwater management plan as described within Condition
No 4 of GC3402 should not be required for this development because written concurrence to use
GC3402 is not required However DWQ review of Bioretention Area 3 is anticipated as it
involves the "allowable" use of directly discharging t_hrough the buffer by means of a new
stonnwater conveyance Stormwater management plans calculations and a completed DWO
Worksheet for Bioretention Area 3 have been provided for your review.
All stormwater runoff from impervious surfaces associated with the Highland Village Apartment
complex will be treated by Bioretention Area 3 prior to discharge through the buffer to the
stream Bioretention Area 3 meets the design requirements of the NC DENR Stormwater BMP
Manual.
Bioretention Area 3 will also treat stonnwater runoff from other parcels within the Highland
Village development It is part of an overall stormwater management plan for the Highland
Village development that includes three (3) bioretention areas.
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.
Highland Village connects to Cary's sanitary sewer system. Cary will ensure that this
connection does not exceed the available capacity of their treatment facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No F] *
Pagc 10 of I 1
Is this an after-the-fact permit application? Yes ® No ?
* Note while this is an "after-the-fact" application for impacts to the Neuse River Buffers,
the DWQ has not notified the applicant of a violation on this property.
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 ? 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:
Highland Village is being developed to meet Cary's housing demand It is not anticipated that
this project will result in additional development which could impact nearby 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).

Applicant/Agent's 'Signature G " Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page I I of I I
08/19/05 FRI 13:50 FAX [phone] DHIC
Project Name/Description:
U001
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 • Phone: [phone] - Fax (919) $4&9467
• txww_SarrdFsC•cam?
AGENT AUTHORIZATION FORM
as To Be Filled In B The Current Landowner
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.D. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Cancem:
L the current propt owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of pennit applications, to furnish upon requ
supp ental ' o in support of applications, etc. from this day forward. The day of
This notification supersedes any previous coxzespondence concerning the agent for this project-
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a 'site meeting prior to visiting the site.
Y Y cc: Zarzecki V '?
NCDENR - DWQ Soil & Enviroh entul Consultants, PA
2321 Crabtree-Boulevard
Raleigh, NC 27604
?1?C?Il1d,?l ? ? ?L(lrYl(?? 1?-P??I(p 1 ?
mperty Own s Name Property Owne s Signature IQrn?( v'
cr. W. C nda Karol Mr. Bob ?y??t
Qf1rJot12 o ictr areerL ro ==
236141hillip Court. Suite C 3817E Iawndale Drive
Concord, NC 28025 Greensboro. NC 27455
Rona: [phone] Phone: [phone]
Fax: [phone] Fiix: [phone]
Post-It' Fax Note 7671 Date pages
To From
CoJDep Co.
Phone a Phone #
Fax # Fax #
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Project #: Scale:
Project
Pro Figure 1- USGS Quad
Project Date:
Mgr.: JO 6!04101 Hi9hHouse Rd./Chatham
DHIC
Cary, Wake County, NC
CARY, N. C.
SE/4 DURHAM SOUTH 15' QUADRANGLE
35078-G7-TF-024
1973
PHOTOREVISED 1937
DMA 5255 IV SE-SERIES V842
o Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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SHEET NUMBER 56
Project 0: Scale:
01.6348 V =1320'
Project Date:
My.: JB 6104!01
Figure 2 - Soil Survey 0 Soil & Environmental Consultants, Inc.
HighHouse Rd./Chatham
DHIC 11010 Raven Ridge Rd. - Raleigh, NC 27614
Cary, Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com
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DWQ Project No
DIVISION OF WATER QUALITY - BIORETENTION AREA WORKSHEET
1. PROJECT INFORMATION (please complete the following information):
Project Name: Highland Village
Contact Person: Bob. Zarzecki Phone Number: [phone] (ext.-17)
For projects with multiple basins, specify which basin this worksheet applies to: BR #3
Permanent Pool Elevation
Temporary Pool Elevation
Bioretention Surface Area
Drainage Area
Impervious Area
Rational C Coefficient
Size %
Inlet Velocity
Inlet flow depth
Depth to Ground Water
Planting Soil Infiltration Rate
In-Situ Soil Infiltration Rate
447.96 ft. (elevation of the orifice invert out)
449.00 ft. (elevation of the outlet structure invert in)
14,427 sq. ft.
6.04 ac. (on-site and off-site drainage to the basin)
4.11 ac. (on-site and off-site drainage to the basin)
0.74
7
%
(either 5% in w/sand under drain or 7% in w/o)
5 78 fps
In pipe in
Ur}krr©wrr ft
unknown inJhr. (the soil layer down to 4 feet)
inJhr. (the soil layer below 4 feet or below the sand bed)
It., REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
Anolicants Initials
Y No vertical sand bed is proposed
y The bioretention area is at least 40 feet by 15 feet.
NO.. Sheet flow is provided at inlet.
Y Water table depth is greater than 6 feet.
Y Minimum of 6" ponding is provided.
Y The ponded area will draw down in less than 4 days.
Planting soil infiltration rate is greater than 0.52 in/hr.
The in-situ soil infiltration rate is greater than 0.2 in/hr.
A planting plan -Ath species and densities is provided.
Y Mulch layer is specified in plans.
Y Planting soil meets minimum soil specifications (NCDENR Stormwater Best Management
Practices Manual, April 1999)
Y Plan details for the bioretention area provided.
Y Plan details for the inlet and outlet are provided.
y An operation and maintenance agreement signed and notarized by the responsible party is provided.
Please note that underdrains beneath the planting soil are acceptable in the Piedmont and Mountains
Sheet flow into the bio-retention area is not provided because the flow is
collected from streets, parking lots, building drains, etc. and must be
conveyed in pipes to the bio-retention area.
Infiltration test have not been conducted but the rates are assumed to be
greater than those shown.
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Water Quality
March 26, 2002
Todd Preuninger
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
4o©
D E N R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 02-060
DHC/Highltouse Ro to
S&EC Project # 01 6348
Wake County
Dear Mr. Suther:
It was determined that the channel present on the property shown on either the Wake County Soil
Survey and /or USGS Cary, NC quad map is subject to protection under the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, North Carolina Administrative Code T15A:02B.0233. The buffer protection
starts at the flag marked 103 and exits the property at flag 100 as shown on the attached map.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant
to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you for
your attention to this matter and if this Office can be of any assistance of if you have additional
questions, please do not hesitate to contact us.
Sincerely,
Charles Brown
Environmental Specialist
cc: RRO/John Domey
h:/neusebuf.let/nbr02060
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recvcled/10% host-consllmpr nnnnr

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SE14 DURHAM SOUTH 15' QUADRANGLE
35078-G7-TF-024
IDif> 1973
PHOTOREVISED 1987
DMA 5255 IV SE-SERIES V842
Project 8: Scale:
01-8348 1" = 2000
Project Date: Figure 1- USGS Quad Soil & Environmental Consultants, Inc.
Mgr.: A 6104101 HighHouse Rd./Chatham 11010 Raven Ridge Rd.- Raleigh, NC 27614
DHIC
Cary, Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com
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SHEET NUMBER 56
Project Scale:
01-6348 1" =1320 r
Project Date: Figure 2 -Soil Survey Soil & Environmental Consultants, Inc.
Mgr.: JB 6104101 HighHouse Rd./Chatham
DHIC "i 11010 Raven Ridge Rd.- Raleigh, NC 27614
Cary, Wake County, NC [phone] • [phone]
l Web Page: www.SandEC.com
rvL s'Cr Y \\\ Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road, Raleigh, North Carolina 27614
Phone: [phone] Fax: [phone]
Project: DHIC/HiphHouse Rd./W. Chatham s&EC #:O1 6348
Date: 5/30/01
s? !,? \lry%' ', Preliminary Wetland Approximation
Suitable for prclanin.-uy [Unning Only
""/ ?. • p- -t_'. \\,' I I!` / / S&EC reserves the right to arodify this snap based on nnre Gekiwork,
surveyed delineations and any other additional information.
Approximation& were mapped using toIx>Va fAuc maps and ground "thin
If these areas are to be used, they must be approved and g.
E!a-mitted by the U. S. Army Corps of Engineers. s

r
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LRESI?tyIAD____ _Y__
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LEGEND:
\ '' = WETLANDS [must be confirmed by the USACE]
r' V' = WATERS OF THE U.S. SUBJECT TO THE NEUSE RIVER 50 ft. BUFFERS [Le., intermittent
f streams; must be confirmed by the USACE and DWQ]
• • = MARGINAL WATERS OF THE U.S., MAY BE SUBJECT TO THE NEUSE BUFFER [must be
confirmed by the USACE and DWQ]
Tl = TIE TO
460
= BOUNDARY OF EVALUATED AREA
GAJ
Maps and datob
by various government agencies. The author and/or a 1 V U
seller of the software program are in no way
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 139 279 418 557
directed to the appropriate government agency. I Scolc in Feel
1
14 V
9:58
MAY 29, 2001
;10F WATF9
r
DMG
Soil & Environmental Consultants, Inc. (S&EC, Inc.)
c/o: Mr. Todd Preuninger
11010 Raven Ridge Road
Raleigh, NC 27614
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gr aryn t rpe, Ph.D., Acting Director
(?
1 1 Division of Water Quality
Ec?
r1f May 2, 2002
DWQ It 02-0678
NBRRO No. 02-060
Wake County
Subject Property: DHC/High House Road Site (Old Apex Road Site as indicated in your 4/26/02 memo)
Located between High House Rd, Old Apex Rd and W. Chatham St, Cary
PIN No. 0764005510
S&EC, Inc. Project No. 01-6348
Unnamed tributary stream to Mac Gregor Downs Lake [03-04-02, 2743-2.2, WS-III NSW]
Request for Appeal of an On-Site Determination for Applicability to the Neuse River Riparian Area Protection
Rules (15A NCAC 2B.0233)
Dear Mr. Preuninger:
On May 2, 2002, at your request Division of Water Quality (DWQ) staff conducted an on-site determination to
review a drainage feature on the subject property for applicability to the Neuse River Buffer Rules [ 15A NCAC 2B
.0233]. This on-site determination was conducted to review the determination made by Mr. Charles Brown of the DWQ
Raleigh Regional Office (RRO) staff that was provided to you within a letter dated March 26, 2002. As a result of our on-
site determination the Division of Water Quality (DWQ) has determined that the drainage feature between flags 103 and
100 (approximately sixty-five (65) feet long, located between two pipes) as approximated on the attached "Preliminary
Wetland Approximation" dated 5/30/01 stamped and initialed by DWQ staff on 5/2/02 is an intermittent stream.
Therefore, the DWQ agrees with Mr. Brown's original determination that the feature is an intermittent stream subject to
the Neuse River Buffer Rules (North Carolina Administrative Code T15A:02B .0233). No other surface waters subject to
the Neuse River Buffer Rules were found to exist upstream of flag 103. The DWQ staff recognizes that the North
Carolina Piedmont (as well as the rest of the State) is currently experiencing drought conditions and are willing to re-
evaluate the stream during a period of normal rainfall at your written request.
The property owner is required to maintain 50-foot buffers along this stream pursuant to the buffer rules (15A
NCAC 2B .0233). Ms. Jennifer Burdette of your company asked DWQ staff whether it would be possibly to construct an
extended detention stormwater wetland or wet detention basin within the intermittent stream and buffers. DWQ staff
informed her that this activity would be reviewed as a "stormwater management pond" under the buffer rules (15A NCAC
2B .0233). DWQ staff informed her that a "wet detention basin" would require that a 50-foot buffer be established
adjacent to the pond. If no buffer was proposed, then DWQ could still approve that activity but it would require
mitigation for the buffer impacts. DWQ staff informed her that an extended detention stormwater wetland would not be
required to have a buffer established adjacent to it and will not require mitigation for the buffer impacts. DWQ staff
informed her that both of these activities will require a no practical alternatives determination by and approval from the
DWQ prior to construction. DWQ staff informed her that any impacts to the stream will need to comply with the 401and
404 wetland regulations. DWQ staff informed her that the stream would not require stream mitigation impacts under the
DWQ 401 program.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. Any impacts to the
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
stream and buffers must comply with the Neuse Buffer Rules, 4041401 regulations, water supply regulations (15A NCAC
2B .0215), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are
proposed to the protected buffers, diffuse flow of all stormwater runoff as per 15A NCAC 2B .0233(5) is required. If you
have any additional questions or require additional information please call Mr. Bob Zarzecki at 919-733-9726.
Sincerely,
1
j ohn orney, SuperviK11 DW , 401 Wetlands Att
achment: S&EC, Inc., "Preliminary Wetland Approximation", 5/30/01, initialed by DWQ staff on 5/2/02
NCDWQ Stream Classification Form dated 05/02/02 and initialed by Bob Zarzecki (Total Pts. = 19)
Cc: Steve Mitchell & Charles Brown, DWQ Raleigh Regional Office
File Copy
Central Files
DWQ 020678
May 2, 2002

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1
7L ` / .l

? Y LrS: mil l L?T?t1
\, \ Soil & Eavironmental Consultants, Iac.
11010 Raven Ridge Road, Rakigh, North Carolina 27614
Phone: [phone] Fax. (919) 84C-9467
• ? ?" Project DHiC/HiPhHou>c Rd./W. ChaUtam SY,cEC #: 01-6348 ?
Date: 5130101
Preliminary Wetland Appcoa3mation -
/ Suitable for Preliminary f7.umine Only
1
j/ SBEC mcservet the rreht to modify tdus map based an more fieldwork.
surveyed delineations and any other additional information. I,
Approximations were mapped using topogaphic maps and around truthine.
If these areas are to be used, they mu&t be approved and
Permitted by the U.S. Army Corps of Engineers.

-R_ ry?KC ?rjan ? ?^??` 1 1 / A I.' // I lC.i ? \ Y
i
LEGEND: `
-WETLANDS-[must be confirmed by the USAGE] - - ---- -
r
WATERS OF THE U.S. SUBJECT TO THE NEUSE RIVER 50 ft. BUFFERS [Le-, intermittent \ \
?;' ( /'?,, • =
streams; must be confirmed by the USACE and DWQ] ??--
y .. • = MARGINAL WATERS OF TTIE U.S., MAY BE SUBJECT TO TIC NEUSE BUFFER [must be
confirmed by the USACE and DWQ]
\. T I =TIE TO AM 12 120
= BOUNDARY OF EVALUATED AREA I ??-
).laps and datob.
by various government agencies. The author and/or Ma pV U L
seller of the software program are in no way
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 139 279 418 557 9:58
MAY 29, 2001
directed to the appropriate government agency. Scale in Feet
NCM A'OlStream Classification Dorm
i
Project Namc: ?,}s t River Basin: N evs? County: W,v e Lvaluator. g2 ; "1
.Ly
D1 .Q 1'ruject Number: OL Ncaiest N:uuerl Strtam: Latitude: Signature:
S?vSC_ Ot-(„3VFi
D:rtc: USrOZIOZ l1SGSQl1Al): CpVt Longiwdc: Luc:uior/Dircctions:
'PLrASE NQT E: /jevntunrur and /audu u•n rr n6•rre dur! the jeapr rr is a mau-uraAe r!i(ch, rl+eil use ojtlusfund is nal necessary.
Also, if in the best prufessiuunl judgement of the nalua(or, the frature is a rnari-mcde ditch and not a umdifird natural stream-this s} ?}
ruling systrn( shotdd nut be urnl (,J;AHn 3-q L-?
Primary riclel Ineticltols:(cn,rro„rNbrrrerr;,,) =:c` -
100 103
1. Geomnr rhnln ' AI)S(.n( Weak Nfoderale Sirmi
1) Is "f ht c A Rifllc-Pool Sranrncc.? 0
2) Is The USDA 1 exurre In Streambed
Dift . rrem Frn In C..r--di-T--•;, 1 n AN _
4) Is The Channel Sinuous? (I 2 3
5) Is There An Active (Or Relic)
Itodhl;iin Prescw? _ (1 7
-'--
7) Are Recent A lluvial De o its Present? l . < I _ 2 3
A Is There B nkfull Bench Present? 0 I n 3
9) Is A Coniinu us Bed & Bank )'resent? 0 _>I 3
(?LTt JCir1?1 LiCur„r,rrr,n;r+r,rnuLmV1M12 G5iw_ eExitScvrr=n•r
1O) Is A 2"a Ord r Or Greater Channcl (As Indicated
On'I'onn N1;, 2 ,I rld/(Jr In Picld)1'rcLcm'? {'ec=1 r(
PRIAIARY GL A10RPIIOLOGY INDICATOR POINTS:
It. 11 'droln Ahsent Weak Moderate Stron
1) Is There A Or mudwaler
Flow/Discharge 'resent? 1) I 2 i
PRIMA RI'll } ROLOGI INDICATOR POINTS: 0
Iii.Ilinln Absent Weak Moderate Strom,
PRIAIARY BIOLOGY INDICATOR POINTS:
e
3) Does Topogra?hy Indicate A
1c, I I?r
SECONDARY t;IAAIORI'IIOLOGI'INDIC,17*011POINTS: 1.5 11Z1.'? s
It. Hydrology I Absent SVeak Modernle stern r
1) Is This Year's (Or Last's) LcaRiner
Are Wrack I.irles Present? ) 5 I 1.5
4) Is Water In Ch:mucl And >48 Iirs. Since (1 .5 1 1.5 H-1 .are . CCI- 1
1urv gait? •NnT:' nrnhbi,r„ adl,,#9A/1--.tsi Ifi Srr,Aat 1d, ky{ rv L\? O
5) Is There Water In Channel During Dry 0 .5 1 1.5
L. -
SECONDARY 4IYDROLOGY INDICATOR POINTS:
0 Net =
IIL liiolo Absent Wenk 111nderale Stron
1) Aiv i is It '[ ci!l? __ n .5
IS
2} Arc Amnhihi't s Presenl') 0 .5 1 ! s
8) Are Wetland Phuus In Stre;unbc(I? SAV Muscly 0111. Mostly FACIV Alustly FAC Muscly I'ACU MuAly UPI.
(•NOt'e:r/t1n,dAhlr„rrotAnrl 1h,S......... 1 1 2 I .75 .5 0 0
?'LrY1(APr+rr Sl;n ?? ,)l 1I11'I t'SC 1':11' Pr . nN1
SECONDARY I,SIOLOGYIA'DICAIOR POINT:S': Q
t
1
, ?
l OTA 1, 1 6 IN TS (1'rirnnr)' + si,miti,y)- VIG(74dcrTlrrut Or Equal To l9 Points 771e SAc•nm Is At Lend InIermittenl)
tors: (C-le Our Number Prr tLre)
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Wake 001
Action ID: 200121117
County:
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Cary Park Partnership Agent Soil & Environmental Consultants, Inc.
Attn: Todd Preuninger
Address 400 Clinton Street
Fayetteville, NY 13066
Telephone Number 315-637-9881
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the east side of Old Apex Road (SR 1616), at the intersection with High House Road (SR
1615), in Cary, Wake County, North Carolina.
Basis for Determination: The site contains wetlands with indicators of ordinary high water marks,
located adjacent to an unnamed tributary of Swift Creek, above headwaters, in the Neuse River Basin.
X
Indicate Which of the Following Apply:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. 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.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telgllone number (919) 876 - 8441 extension 30
Project Manager Signature
Date July 20, 2001
Expireion Date July 20, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

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Applicant: Cary Park Partnership File Number: 200121117 Date: 07-20-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
, 1?( Tif)Nil 7= ?lic Co11?i?ving ]dciifific s your rights atid L)ptit)lit rcgardiFn yn i>difi1nlSti??+llve apps al' if llic abi vc

L? cltit()Il. Flddltl()nal Inl(7r111atID11=1nqy t7C fC7rlnd _nt http /IUS<iG( ar17y.mil/inet/Illtl(.tibhs/ w16t C WO/rL'?? or
11
,[??rps ret;uliions at X33 CI?.R P<trt?331 _-;; ?_
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 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.
• OBJECT: 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 forn) 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 Pcrmit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terns 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 terns 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 forn) 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 forn) 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 Prelinlitiary 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.
•i r
SLGTION II= RFQtJI?S rFORAPPr1Si or ORJF,CTI(?NS TO''AN.INITII? 1'IZC)FI rREn PRRIy1IT .
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered pennit in clear concise statements. You may attach additional information to this forni 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 already in the administrative record.
I'QIN7 71 {C )N'I C"I?7 t?R7iQI1ESTi NS CSRIWFPRMA ION: ` ,,?° ky.H • ? ? -ML`
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 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 of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9NI15
Atlanta, Georgia 30303-3490
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