20081156 Ver 1_401 Application_20080708

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
July 28, 2008
S&EC Project # 7663.W 1
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Jamie Shern
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Debbie Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Lot #15-The Estates at Olde Carpenter, Wake County, NC
On behalf of the owners, Toll Brothers, Inc. (Attn: Brad Nelson), please find attached a complete application
and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USACE) and the N.C. Division of Water Quality (NCDWQ) that the activities proposed below may proceed
under Nationwide Permit (NWP) 18 and General Water Quality Certification 3705. However, if the USACE
believes that a NWP 29 would be more appropriate, please consider written concurrence under this NWP as
well. Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Lot #15-The Estates at Olde Carpenter
Project Type Residential Lot
Owner / Applicant Toll Brothers; Inc.
Count Wake
Nearest Town Morrisville
Waterbod Name UT to Crabtree Creek
Basin / Sub-basin 03-04-02
Index Number 27-33-(l)
Class C; NSW
USGS Cataloging Unit 03020201,
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.028
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.028
Total Stream Impact (linear feet): 0
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Form
NRCS Soil Survey Map & USGS Topographic Map
DWQ Buffer Determination letter (NBRRO 05-213)
NCEEP Acceptance letter (dated June 11, 2008)
404 NWP 39 (AID #200620186)
401 WWC Waiver (DWQ Project # 05-2107)
Neuse Buffer Authorization (DWQ Project # 05-2107)
Impact Exhibit & Overall Site Plan
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$240.00 Application Fee (DWQ only)
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Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: NWP 18
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 r?; ? , .w , aZ
II. Applicant Information ?3.
1. Owner/Applicant Information 4
Name: Toll Brothers Inc. (Attn: Brad Nelson) 4P:r;:
Mailing Address: 2310 TW Alexander Drive _
Raleigh, NC 27617 _
Telephone Number: [phone] Fax Number: [phone] _
E-mail Address: N/A
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: Debbie Edwards _
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, N.C. 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: dedwardsasandec.com
Page 1 of 9
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: Lot #15-The Estates at Olde Carpenter
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0735-82-5788
4. Location
County: Wake Nearest Town: Morrisville
Subdivision name (include phase/lot number): Lot #15
Directions to site (include road numbers/names, landmarks, etc.): The lot is located within
the Estates at Olde Carpenter, on the east side of Carpenter Upchurch Road (SR
1617) approximately 1000 feet south of its intersection with Morrisville Carpenter
Road (SR 3014) in Wake County, NC.
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): 35.8183 ON 78.8697 °W
6. Property size (acres): < 1 acre
7. Name of nearest receiving body of water: UT to Crabtree Creek 27-33-(1); C; NSW
8. River Basin: Neuse 03-04-02 (HUC 03020201)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The lot has been cleared and stabilized, with the
exception of the wetland area in the SW corner of the property. The general land use
Page 2 of 9
surrounding the lot is residential; surrounding the subdivision is residential and
agricultural.
10. Describe the overall project in detail, including the type of equipment to be used: The
_proposed project consists of grading a lot for the construction of a residential
structure. Typical construction and grading equipment will be utilized for this project.
11. Explain the purpose of the proposed work: The purpose of the proposed project is to
develop a buildable lot for a residential structure.
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 performed a detailed wetland delineation and Neuse
River buffer evaluation on the site that includes lot #15 on January 5 2005. The
jurisdictional determination and sign-off map which includes lot #15 were signed by
Todd Tugwell on March 15, 2005 (AID 200520594). S&EC submitted a PCN application
on behalf of the Carpenter Family, LLP to the USACE and the NCDWQ in November
2005 for the infrastructure needed to construct the Olde Carpenter Property Residential
Subdivision. The Carpenter Family, LLP received a 404 verification on January 17,
2006, AID # 200620186 (see attached), received a Waiver of a 401 Water Quality
Certification on January 24, 2006, DWQ Project # 05- 2107 (see attached) and
received an Approval of Neuse River Buffer Rule Authorization Certificate on February
1 2006, 05-2107 (see attached). Since that time, Toll Brothers Inc. has purchased
this lot for development.
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 permit requests are anticipated for this protect at this time.
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)
Page 3 of 9
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: Permanent impacts consist
of 1207 ft2 (0.028 acres) of jurisdictional wetlands for the purpose of lot fill.
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) linear feet)
A Lot Fill Forested No -240' 0.028
Total Wetland Impact (acres) 0.028
3. List the total acreage (estimated) of all existing wetlands on the property: < 0.10 acre
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- multinly lenofh X width then divide. by X1 560
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma Before Impact (linear feet) (acres)

N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
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, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.028
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.028
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? 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.
N/A
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 proposed lot fill is necessary in order to grade a lot so that the lot can be built
upon and utilized. The previous approvals for this subdivision that were sought after by
Carpenter Family, LLP only requested impacts necessary for the infrastructure in order
to build roads, utilities, trails and BMP's for the Olde Carpenter Property Subdivision
Additionally, the applicant is aware of the regional conditions associated with the
Nationwide Permit 18. With respect to the minor discharge conditions (NWP 18-
Regional Conditions section 4.0) a NWP 14 has not been used for this project in order
to create uplands.
Page 5 of 9
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
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.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
All proposed impacts to wetlands are less than 0.10 acre and typically mitigation
is not required by the USACE or the NCDWQ for impacts to wetlands of less than
0.10 acre. However, the previous wetland impacts approved by the USACE and the
NCDWQ for the Olde Carpenter Property exceeded 010 acre and required
compensatory mitigation for impacts to non-riparian wetlands therefore the applicant
proposes an In-Lieu Fee payment to the NC Ecosystem Enhancement Program to
satisfy any compensatory mitigation requirement If the USACE/NCDWQ
determines that compensatory mitigation is necessary during the review of this
application; the applicant proposes to utilize the NCEEP Attached is a NCEEP
mitigation payment acceptance letter for up to 0.152 acres of wetlands
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
Page 6 of 9
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://h2o.enr.state.nc.us/wr2/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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0.056 acres
Amount of Coastal wetland mitigation requested (acres): 0
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
(Meuse), 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 V 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.
Zone* Impact 2
s uare feet
Multiplier
Required
Mitigation
I 0 3 (2 for Catawba) N/A
Page 7 of 9
2 0 1.5 N/A
Total 0 N/A
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.
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 213.0242 or.0244, or.0260. N/A
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 previous PCN application for Olde
Carpenter Property that was approved by the NCDWQ included a stormwater
management plan. This stormwater management plan took into account the impervious
acreage estimated for buildings.
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.
A sanitary sewer system will be utilized for lot #15 this system has alreadv been
constructed for the Old Carpenter Property Subdivision.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. 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: We
have reviewed the "DRAFT Internal Policy Cumulative impacts and the 401 Water
Quality Certification and Isolated Wetland Programs" document prepared by the NC
Division of Water Quality on October 3 2002, version 1.6. The draft states that most
residential subdivisions are unlikely to cause cumulative impacts Lot #15 of the Estates
at Olde Carpenter does not meet any of the three criteria of private proiects that can
Page 8 of 9
clearly result in cumulative impacts. We anticipate that you will advise us if a qualitative
or quantitative impact analysis is required.
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).
N/A
Page 9 of 9
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
AGENT AUTHORIZATION FORM
Name:
Address:
Phone: ?CI L
Project Name/ Description: S&EC Project # L ?9 1
Date: M ( -i . e Z 2 , 2-c- ,
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: -rte
Field Office:
1-3
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
sup lemental information in support of applications, etc. from this day forward. The Z T, day of
This notification supersedes any previous correspondence 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.

S 122105
. &?o Print Property Owner's Name
Property Owner's Signature
cc: Ms. Cyndi Karoly cc: Mr. Steven Ball
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlotte Office: Greensboro Office:
236 L.ePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
. All Blanks To Be Filled In By The Current Landowner
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
August 18, 2005
Mr.Aaron Cooper
S&EC
11010 Raven Ridge Road
Raleigh, NC 27614
BASIN:
Neuse River X
E C El V k
AUG 2 5 2005
By: Soil & Environmental ConSu;?c -s, PA
Tar-Pamlico
7i? 3,wo
NBRRO 05-213
County: Wake
(15A NCAC 2B .0233)
(15A NCAC 2B.0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Carpenter-Upchurch Site
Location/Directions: Site is located to the west of Carpenter-Upchurch Road (NCSR 1617), to the southeast of the
intersection of Carpenter-Upchurch Road and Morrisville-Carpenter Road (NCSR 3014) immediately to the south of
the community of Carpenter in Cary (Wake County).
Subject Stream: UT to Crabtree
Date of Determination: 8/11/05
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Subject at S&EC Flag 189 X
B Subject at S&EC Flag 188 X
C Subject Throughout X
D Not Subject X
E Not Subject (Pond) X X
This on-site determination shall expire five (S) years from the date of this letter. Landowners or affectedparties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing clo Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
Ar .
Raleigh Regional Office 1628 Mail Service Center q-8ONO phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699-1628 facsimile [phone] 1-877-623-6748
8/18/2005
Page 2 of 2
appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of
this decision. D WQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N .C, 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should bg
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engi e
(Raleigh Regulatory Field Office) at (919)-876-8441.
CC: File Copy
Central Files
DWQ 401/Wetlands Office
Tom Horstman - Town of Cary
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
NCDEfi ,i
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
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..............o,.w...--tants PA I
11010 Raven Ridge Road, Raleigh, North Carolina 27614
Phone: [phone] Fax: [phone]
Project: Carpenter Upchurch Site I S&FC Project #7663 WO 1
Date: January 6. 2005
Preliminary y
Wetland Approximation ?(iT \
Suitable for Preliminary Planning Only G
S&EC reserves the right to modify this map based on more ft w
surveyed delineations and any other additional info on.
Approximations wen mapped using topographic maps and g nd tru thing.
If these areas are to be used, they must be approv and
Permitted by the U.S. Army Corp \
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LEGEND: A - Flet ! v q
WETLANDS/LINEAR WETLANDS [must be confirmed by the USACE] a • FW LI 185
WATERS OF THE U.S. SUBJECT TO THE TOWN OF CARY / NEUSE RIVER 50 ft. BUFFERS
[i.e., perennial streams; must be confirmed by the USACE and DWQ[ /' - sw? `'t C-
= WATERS OF THE U.S. SUBJECT TO THE TOWN OF CARY / NEUSE RIVER 50 ft. BU FERS
[i.e., intermittent streams; must be confirmed by the USACE and DWQ[ () + U?, &,
L ....+-= WATERS OF THE U.S. NOT SUBJECT TO THE TOWN OF CARY / NEUSE RIVER 510 ft. IV
BUFFERS [i.e., intermittent streams; must be confirmed by the USACE and DWQ
TT = TIE TO Of = CHANNEL ST-=START PROPERTY LINE
= BOUNDARY OF EVALUATED AREA
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Project 9: Scale:
7663BO 1":1320'
Project Date:
Mgr.: TP 1106105
Figure 2 - Soil Survey
Carpenter Upchurch Site
Joel Carpenter
Cary, Wake County, NC
Wake County Soil Survey
Sheet 45
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
http://imaps.co.wake.nc.us/imaps/printmap.asp?pin=073 5 826356&pin...
REID:
OWNERI
ADDR1:
ADDR2:
ADDR3:
DEED BOOK:
DEED PAGE:
DEED DATE:
DEED ACRES:
BLDG VAL:
LAND VAL:
BILLING CLASS:
DESCRIPTION:
MAP NAME:
PIN NUM:
PIN EXT:
CITY:
PLAN JURIS:
TOWNSHIP:
YEAR BUILT:
SALEPRICE:
SALEDATE:
TYPE USE:
DESIGN STYLE:
UNITS:
LAND CLASS:
ZONING:
OLD PARCEL
NUMBER:
ADDRESS
ST NUM:
ST MISC:
DIR PREFIX:
ST NAME:
0 ® 122 ft ST TYPE:
DIR SUFFIX:
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WAKE e.A ill
0327184
S&G REALTY LTD
PARTNERSHIP
4011 NC HIGHWAY
55
CARY NC 27519-8373
08960
1257
6/15/2001
23.6
0
1
CORPORATE
LISTING
PRCL
MORRISVLL-CRPNTR
RD TR3C BM5-243
073504
0735826356
000
CAR
CA
CEDAR FORK
0
0
Vacant
0
VACANT
R-30
455-00000-0000
0
MORRISVILLE
CARPENTER
RD
1 of 1 8/18/2005 7:18 AT
Parcel Number: 0735826356
Map created on 8/18/2005 7:18:03 AM.
Copyright 2003. City of Raleigh, Wake County.
cgstem ;
J, ?i
PROGRAM
June 11, 2008
Brad Nelson
Tool Brothers, Inc.
2310 TW Alexander Dr.
Raleigh, NC 27617 Expiration of Acceptance: December 11, 2008
Project: The Estates at Olde Carpenter Lot 15 County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Neuse 03020201 0 0 0 0 0.076 0 0 0
Credits Neuse 03020201 0 0 0 0 0.152 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Wi ' m D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Lauren Witherspoon, NCDWQ-Raleigh
Debbie Edwards, agent
File
?.P.St"DYI,l.?l?... 1C ? ... PYDL?P.C?7.Gt9 OGff'' Stutz,
RUNK
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net
U.S. Mt CORPS OF ENlrL'"S r?.
NVTLMINGTCIN DISH I'
Action ID. 2006201:86 Coun.ty: Wake
USGS Q)ad: Gary
GENERAL PERMIT (REGIONAL AND `ATIONAVIDE) VERIi`ICATIO
Property Owner )Authorized ?scent:
Address: Carpenter Family. LLP
PCB Box 891
Nlorrisville, NC 27560
`41r. Joel C:ar renter
Telephone No.: 914-6694-537
11
E G E I V F
A Pa 0 11
S4 S Inimnmentai Carisdtaet PA
Size and location of property (water body, road name number, town, etc.): The project site is located on the east side
of Carpenter VUehurch Road approximately 1000 feet south of the intersection with Morrisville Carpenter Roars
in Wake County, NC
Description of projects area and activity: This permit authorizes permanent impacts to 0.208-acre of forested
wetland, 120 LF of permanent impacts to a perennial stream, and 0.00:1-acres (123 LF) of nermanent ininacts to
an intermittent stream with low actuatic functions (not requiring mitigation). during the construction of a
residential subdivision. N itiZation at a 2:1 ratio is required for permanent impacts to the forested wetland (see
below .
Applicable Law; Section 404 (Clean Water Act, 33 USC 1341)
? Section 10 (Rivers and flarbors Act 33 L;SC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation fivnr your
submitted plans may subject the permittee to a atop work order, a restoration order an&or appropriate legal action-
This verification is valid until the NWP is mortified, reissued, or revoked. All of the existing NWVI`s are scheduled to
be modified, reissued; or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NNVPs, We will issue. apublic notice when the NIXTs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide pennit is modified or revoked, you wi11
have twelve (12) months from the date of the modification or revocation of the N`NVP to complete the activity under the
present terms and conditions of this nationwide permit, If, prior to the expiration date identified below, the nationwide
permit authorization is reissued andior modified, this verification Will remain valid until the expiration date identified
below, provided it complies with all new and!or modified terms and conditions. The District En.-ineer may, at any time,
exercise his discretionary authority to niodif?y, suspend, or revoke a ease specific activity's authorization under any.
NIVP.
Activities subject to Section 4N, (as indicated above) may also mltiire an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning w'oTk you must contact the N_C. Division of Coastal Management.
This Deparnnent of the Army verification sloes not relieve the pzrmittee of the responsibility to obtain any other
required Fe=deral, State or local approval&permirs.
If there are any questions regarding this verification, any of the conditions of the Permit, of the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Conditions: In order to compensate for impacts to 0.2 acres of wetlands the perrnittee shall make
payinent to the North Carolina Ecosystem Enhancement Program ('NC: EEP) in the amount determined by the
NC EEP, sufficient to perform the restoration of 0.4 acres of non-riparian habitat type v.,etIands in the Neuse
River Basin, Cataloging Unit 03020200. Construction twithin jurisdictional areas on the property shall begin
only after the permittce has made full payment to the. NC; EEP and provided a copy of the payment
doctimentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept rc ponsibilicy for the nniti-ation work- required, in compliance with the MOU bl?t%vecn the Not h
Carolina Department of Environment anti Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type. may be described as found in Schafal4 and Weak-ley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordmcc .-Ith Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of t1 he of the United States"
Carps Regulatory Offleial IN-fonte MattheWs At?" ` a-Ewe: January 17, 2006
Expiratian Date of Verification. March 18, 2007
.3..
Determination of Jurisdieflow
flased ett prelitninaryittfortriation, there appear to be eaters 4zf the l.;S ircluding wetlands within the above
described project area. This preliminary determination is not an appealable action under the Reuulatory Protmar t
Administrative Appeal Process ( Reference 33 CFR Part 331 ).
? There are Navigable Waters of the United States within the above described prt-ject area suI je4t to the pei mit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there i
a eha,i-e in the la?v or our published regu[ationss, this deternninaffi n may be relied apntl for a period not to exceed
five years from the date of this notification.
? There are waters ofthe L?S and!or wetlands within the :-hove described project area subject to the permit
requirements of Section 404 of the Glean Water Act f,CWAj(3 3 UDC § 134=). Unless there is a change in the late
or ottr published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Ej The jurisdictional areas within the above described praiect area have been identified under a previous action.
Please reference jurisdictional determination issued 14arch 15, 2005, Action I13100520594. In addition, refcrence
the results from the November 7, 2005 site visit with the Corps where one pond arid the associated wetlands in the
northeast corner of the property were deemed non Jurisdictional, All other features detersitined iurisdictiolial on the
March 15, 2005, siryned survey Wrap remain as indicated.
Basis of Jurisdictional Determination: Arens on this site exhibit wetland criteria ws described in the 14$7 Corps
Wetland Delineation Manual and are adjacent to a LTT to Crabtree Creek The property also contains Stream,
channels that exhibit an Ordinam High Water Mark as indicated by chanrres in sail character and absence or
terrestrial vegetation and are hvdrolcr4caliv tnnn[etArt to Crnhfr" P'-1, r., #R- %T--, D:,....,. _e
Corps Regulatory Official. Monte ?.•iatthews fV E
Date January 17, 20,06
SURVEY PLATS, FIELD SKETCH, WETLANII DELINEATION FORMS. PROJECT PLANS, ETC.,
MUS I` 13E ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUMD OR AVAILABLE.
Copy Furnished,
Sail and Environmtntrtl Consultants, PA
Attn: Aaron Cooper
11010 Raven Ridge Road
Raleigh, NC 27614
William G. C{DSS lr.„ S@ti:retiary

O North Carolina Department of Environment a.*xi Nstund 1r' ccoumes
CI r'
y
Alan. W, Klimek, P.E., Director
t? C Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 24 2006
DWQ Project # 05-210'
Wake County
CERTIFIED 'MAIL: RETURN RECEIPT REQUESTED
Mr. Joel Carpenter
Carpenter Family, L LP
"
P.O. Box 891
Morrisville, NC 27560
Subject Property: Aide Carpenter Property
Crabtree Creek [030402,27-33-1, C, NSW]
WAIVER of 401 Water Quality Certification
Dear Mr. Carpenter
Your application for a 401 Water Quality Certification was received in the Central Office on November 21,
2005, According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the
Certification is waived unless UWQ has objected in writing to your application, Therefore, 1= WQ has waived
the requirement for a 401 Water Quality Certification for your plans to permanently impact 0.208 acres of
wetland, 120 linear feet of perennial stream and permanently impact 133 linear feet of intermittent stream and
temporarily impact 46.32 linear feet of stream for construction of the proposed Forest Springs Subdivision as
described in your application dated November 17, 2005.
However if additional impact occurs or your development plans change, this waiver is no longer valid and a 401
Water Quality Certification will be required. Additionally, please be advised that the proposed protected
Meuse River riparian buffer impacts documented in your PCN application are not waived. Your
;proposed buffer impact requests are being evaluated and authorization for any buffer impacts if deemed
appropriate will be fortheonti>ng,
Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 913-733-1786 if you have any questions regarding this
waiver.
S' cerely,
urv" "
Cyn Karoly, Suptfndsor
401 OversightfExpress RevieA, Pennitting Unit
N, C. Division of Water Quality, 441 Wetlands Certification Unk
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Cra6frec Blvd., Raleigh, NC 27604-2260 (Location)
(9140 733.1786 (phone), 914-733-6893 (fax), (http;irho,c nr,state.nc.us/newetlarmis
4%
Carpenter Family, LLP
Page 2 of 2
January. 24, 2006
CBK4jm
cc: Aaron Cooper, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Eric Kulz, DWQ Raleigh Regional Office
USAGE Raleigh Regulatory Field Office
File Copy
Central Files
Paul Rawls, DWQ, Archdale Building
0521074[deCarpcaferPruperty(WV kc)Waiver .i01
nF W TEA
FP 6 ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 1, 2006
DWQ Project # 05-2107
Wake County
Mr. Joel Carpenter
Carpenter Family, LLP
P.O. Box 891
Morrisville, NC 27560
Subject Property: Olde Carpenter Property
Crabtree Creek [030402,27-33-1, C, NSW]
APPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
Dear Mr. Carpenter:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 8,275 ft2 of Zone 1 and 14,501 ft2 of Zone 2 of the protected Neuse River basin
riparian buffers as a component of the construction of a residential development at the subject property as
described within your application dated November 17, 2005 and received by the DWQ on November 21,
2005. This approval replaces the approval issued to you on January 26, 2006. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and
other regulations.
This approval is 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 the property is sold,
the new owner must be given a copy of this authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
L Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A proved (Units) Plan Location or Reference
Buffers - Zone 1 8,275(s care ft.) PCN - pages 7 and 8 of 10
Buffers - Zone 2 14,501 (square ft.) PCN --pages 7 and 8 of 10-
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: bM?://h2o.enr.state.ne.us/ncwetiands
An Eaual nnnnrhinity/Affi„nati.,> A ti..., r.i....t- cnoL ue,, -1--4nnoi n_ . n___.---.,--_--
PilhCarolina
Na&mlly
Carpenter Family, LLC
Page 2 of 2
requirements are required. A copy of this permit and monitoring report forms
htt may be found at
p:Ah2o.enr.state.nc.us/su/Forms Documents htm.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequen
Review t modifications,
the applicant is required to return the attached certificate of completion to the 401 Oversight/Express
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
i
S' lY,
Alan W. imek, P.E.
AWK/ym
Enclosures: Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Aaron Cooper, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 05210701deCaipenterProperty(Wake)NeuseBuffers2
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GRAPHIC SCALE
1 120'
120 0 120 240
Project No. Scale:
7663.W7 V= 120'
Project Mgr. Drawn By:
DE MM
Date: 05/20/08
LOT #15
OLDIE CARPENTER PROPERTY
TOLL BROTHERS, INC
MORRISVILLE PARKWAY
CARY, NC

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11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900