20040849 Ver 1_Complete File_20040716

OF W ArF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
Q G North Carolina Department of Environment and Natural Resources
j r Alan W. Klimek, P. E. Director
C} Coleen H. Sullins, Deputy Director
Division of Water Quality
July 16, 2004
DWQ Project # 04-0849
Wake County
Page 1 of 4
Wake Estates, LLC
Attn: Mr. Axel Granholm
PO Box 312
Wake Forest, NC 27588

Subject Property: Creedmoor Road Widening, Creedmoor Road, Raleigh, NC
Property Identification Number 796444054
UT to Crabtree Creek [03-04-02, 27-33-(10), C NSW]

Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) ;with Additional Conditions

Dear Mr. Granholm:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 111 feet of streams and 25,825 square feet (ft2) of protected
riparian buffers for the purpose of widening Creedmoor Road at the subject property, as
described within your application dated May 24, 2004 and received by the N.C. Division of
Water Quality (DWQ) on May 24, 2004. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps
of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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 and Non-
discharge regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of
the 404 Permit.

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 Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)

Wake Estates LLC / DWQ Project No. 04-0849
Page 2 of 4
July 16, 2004
1. 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 Approved Plan Location or Reference
(Units)
Stream 111 (feet) Impact 2
Buffers 24,899 (square ft.) Buffer Impacts (Sheets 3, 4 & 5)
Buffers 926 (square feet) Road Crossing (Sheet 6)

2. Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian
buffers. The required area of mitigation to compensate for impacts to the protected riparian
buffers is 47,165 square feet as required under this Authorization Certificate and 15A NCAC
2B .0242(buffer mitigation rule). We understand that you wish to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B
.0242(7)(buffer mitigation rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233 (10) (buffer protection rule). Until the EEP receives
and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate stall occur. The EEP should be contacted
at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this payment.
For accounting purposes, this Authorization Certificate authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 47,165 ft2 of required riparian
buffer mitigation for impacts to 24,899 fe of protected riparian buffers; 03-04-02 river
and subbasin, 27-33-(10) stream index number.
3. Construction Plans - Any final construction plans for this project must include or reference
the application and plans approved by the DWQ under this authorization letter and certification.

4. Water Quality Certification(s) - The proposed project must comply with all of the conditions
of General Water Quality Certification(s) (GC) 3404.

5. Culvert Pipe Installation - Culvert(s) shall not be installed in such a manner that will cause
aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained above and below locations of each culvert. Culverts shall be designed and installed
to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of
the existing pipes are or become perched, the appropriate stream grade shall be re-established
or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.

6. Protective Fencing - The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the areas

Wake Estates LLC / DWQ Project No. 04-0849
Page 3 of 4
July 16, 2004

that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance.with 15A NCAC 2B .0233 and GC 3404.

7. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in
full compliance with all specifications governing the proper design, installation and operation
and maintenance of such Best Management Practices in order to protect surface waters
standards:

a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.

8. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind
shall occur in wetlands, waters, or riparian areas biyond the footprint of the impacts
depicted in the Pre-Construction Notification. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed. so that no violations of state water quality
standards, statutes, or rules occur.

9. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and
erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of
the date that the Division of Land Resources has released the project.

10. Certificate of Completion - Upon completion of all work approved within the 401
Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.

If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative

Wake Estates LLC / DWQ Project No. 04-0849
Page 4 of 4
July 16, 2004
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

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 letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.

Sincerely,

C~,
Alan W. Klimek, P.E.
AWK/bz

Enclosures: GC 3404
Certificate of Completion

cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 040849

O~ \14 ATF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
`Qt pG North Carolina Department of Environment and Natural Resources
t~^ Alan W. Klimek, P. E. Director
-I Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION & AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B.0233, Wake Estates LLC has permission as outlined below and within
the General Water Quality Certification (WQC) Number 3404 w/ additional conditions for the purpose(s) of constructing
the proposed Creedmoor Road Widening Project. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION AND
AUTHORIZATION CERTIFICATE ARE NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)

DWQ Project No.: 04-0849
Date: July 16, 2004
LOCATION: Raleigh
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-33-(10) (stream index no.)
As required by 15A NCAC 2H .0506 and 2B .0233 and the conditions of WQC No. 3404 w/ additional conditions, you are
required to compensate for the above impacts through the restoration, 4,reation, enhancement or preservation of wetlands,
surface waters and/or buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
[Note: Acreage requirements proposed to be mitigated through the EEP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R.0503(b).]
0 acres of Class WL wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
0 feet of stream channel

47,165 square feet of stream buffers

One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 211 .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B .0260. If you choose this option, please sign this form and mail it to the EEP at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.

Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]

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)
non inn ~nn i.-~_.-..\ non -goo Conn It....\ hHn•//hnn nnr e•+.~+n nn o /nn.un+lonr7c./

imap://[e-mail]:143/fe...

Bob - I think these are all buffer projects. Can you handle these? I'm crunched trying to write Lowes
and get out the public notice for gc's prior to flying to Canada tomorrow. If you're crunched too, toss
whichever ones you want into my in-box and I'll get to them on July 12.

thanks.

Original Message
Subject:Re: RRO Tracking Notice, 7/23/04
Date:Thu, 24 Jun 2004 11:14:46 -0400
From:Steve Mitchell <[e-mail]>
To:Cyndi Karoly <[e-mail]>
References:<40D9EB9B.1040304 @ncmail.net>

TRACKING:

401 Applications
DWQ No. Project County Permit Type Received Expires
04-0849 Wake Estates, Wake Co., NW14/NBR 5/24/04 7/22/04
1p %d
Is the old roadway to remain abandoned? If yes, can it be removed.. stream portion restored-buffer
repalced??? aO =issue rv-s ~1-,c
Possible credit for mitigation. If not ..O

04-0838 City of Raleigh Walnut Creep Greenway, Wake Co., NW14/NBR 5/21/04 7/19/04

Do not like this one. Ten foot wide asphalt road with 5 foot gravel on each side making a twenty foot
road surface, 40,000 sq ft of which is in Zone 1 with a total impact to buffer of over two acres. Ask for
reason why so much. HOLD

04-0850 Yates Store Road South, Wake Co., NW39 5/24/04 7/22/04

Have talked w/ACOE and consultant also says project is separate from Amberly (Sandler @ Amberly or
Amberly South)
Lots of impacts if cummulative. Should be OK to issue.
U

04-0862 Ellerbe Creek Preserve subdivision, Durham Co., NW39/12/NBR 5/25/04 7/23/04

No DWQ letter. I have not been requested to write it. Stream present where sewer crosses to south
s.

04-0872 one 1 impacts!!!! Move road in Fig 3 to north to minimize. Figure 8 shows it all. Possible
stream ' tability in that area also.

of 3 6/25/2004 1:36 PM

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com

May 24, 2004
S&EC Project #8243.W1
Ac' '_004
NCDENR - DWQ US Army Corps of Engineers
Attn: Mr. John Dorney / Mr. ) z~eccu~L, 'i 6ECTIQN Attn: Ms Jennifer Burdette
Parkview Building Raleigh Regulatory Field Office
2321 Crabtree Boulevard 6508 Falls of the Neuse Road,
Raleigh, North Carolina 27604 Suite 120
Raleigh, North Carolina 27615

RE: Nationwide Permit 14, 401-Certification, & Neuse River Buffer Compliance Request
Wake Estates Property/Creedmoor Road Widening
Raleigh, Wake County, North Carolina 040849

Dear Mrs. Burdette and Mssrs. Dorney and Zarzecki:

On behalf of Wake Estates LLC, we request authorization from the US Army Corps of Engineers
(USACE) to use Nationwide Permit (NWP) 14 for the proposed project to cover permanent impacts to
one stream channel. We also request written concurrence from the NC Division of Water Quality
(NCDWQ) that the project complies with the associated 401 Water Quality Certification requirements,
and complies with the Neuse River Basin (NRB) Buffer Rules. A Pre-construction Notification
Application (PCN) is attached, which includes an agent authorization form.

The proposed project consists of the widening of Creedmoor Road (Highway 50) needed for the
expansion of an additional lane along Creedmoor Road. The City of Raleigh is requiring the property
owner to install this additional lane prior to site approval. For this reason, the site does not currently have
a final site plan because the owner did not wish to invest the time and money associated with developing
such a plan if the Creedmoor Road impacts were not permittable. The project site is approximately 14
acres and is located on the west side of Creedmoor Road (Highway 50), approximately 2000' north of the

intersection of Creedmoor Road and Glenwood Avenue (Highway 70). Please refer to the USGS
Location Map for the location of the property (Figure 1).

The original plan for the proposed road widening impacted 400 linear feet of stream but has since been
revised to impact only 111 linear feet of channel. At the request of the applicant, S&EC conducted a
detailed wetland delineation and stream buffer evaluation on the property on October 3, 2003. Ms.
Debbie Edwards of the NC-DWQ confirmed our buffer determinations on October 30, 2003 (NBRRO 03-
286). Please refer to the attached confirmation letter by Ms. Edwards. The subject site is shown on the
applicable Wake County Soil Survey map (Figure 2). A wetland sketch map and DWQ buffer letter are
attached in support of the wetland delineation.

Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone' [phone]
Fax: [phone] Fax: [phone] Fax: [phone]

Mr. Steve Mitchell visited the site on 2 December 2003 to make perennial calls on the property. Because
the feature appears to be spring fed, the stream becomes perennial 15 feet from the beginning of the
buffered channel. A site meeting was held with Mr. Zarzecki of the NC DWQ to discuss the project and
its potential buffer impacts. During this site meeting we waked the portion of the stream where the
proposed buffer and stream impacts are planned and observed the existing culverts. This section of
stream is immediately adjacent and parallel with the existing Creedmoor Road and is piped under existing
road fill in two locations. This stream also has two existing culverted crossings that provide driveway
access to the site. One of these crossings will be utilized to provide road access to the site.

In an effort to minimize stream and buffer impacts as much as possible, the applicant modified the plan to
incorporate retaining walls, and reduced the impact by more than 80%, to 111 linear feet of channel.

Proposed mitigation for the perennial stream impacts has been requested from the EEP. Because the
impacted stream is being relocated and not piped, S&EC believes that mitigation exceeding a 1:1 ratio
would be excessive. The proposed road expansion will cross a portion of one stream channel and a
portion of the riparian buffer of the same stream. This stream is adjacent to Creedmoor Road and nearly
parallel to the road in a heavily developed area. The impact tables in the PCN itemize and provide a
description of each proposed impact to stream channels and riparian buffers. The total proposed impact
to the perennial stream channel is 111 linear feet. The total proposed impact to riparian buffers are
19,086 ft2 in zone 2 and 6,739 ft2 in zone 1. Within the total proposed buffer impacts, Zone 1 impacts of
731 ft2 and Zone 2 impacts of 195 ft2 result from a perpendicular crossing and therefore should not
require mitigation. Please refer to the attached Impact Maps (5 sheets) for the location of each impact.
Because these areas are parallel road impacts, buffer mitigation is assumed. The client proposes payment
to EEP to meet the buffer mitigation requirements.

Sincerely,

9
..:_l`
Sean Clark es Dasher
Environmental Scientist vironmental Technician

Attachments:
Pre-construction (PCN) notification form
Agent Authorization Form
Site Location Map (Figure 1)
Wake County Soil Survey Map (Figure 2)
Impact Maps (5 Sheets)
Two Data Forms
NCDWQ Buffer Subjectivity Letter (11/18/03)

Office Use Only: Form Version May 2002

USACE Action ID No. DWQ No. 4084
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: 14

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?

II. Applicant Information

1. Owner/Applicant Information
Name: Wake Estates LLC
Mailing Address: Attn: Mr. Axel Granholm
PO Box 312
Wake Forest N.C. 27588

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:

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: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Rid_ge Road
Raleigh NC 27614

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sclark SandEC com

Page 1 of 8

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: Wake Estates Property/Creedmoor Road Widening

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 796444054

4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The project is located on the west
side of Creedmoor Road (Highway 50) approximately 2000' north of the intersection of
Creedmoor Road and Glenwood Avenue (Highway 70).

5. Site coordinates, if available (UTM or Lat/Long): 17 07 09 429 E, 39 69 776 N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): The property is approximately 14 acres in size.

7. Nearest body of water (stream/river/sound/ocean/lake): UT to Crabtree Creek.

8. River Basin: Neuse
(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 site has been logged in the recent past 5 years), but
is wooded and currently undeveloped. There is an old roadbed/driveway crossingL on the
property that crosses the creek in two places with culverts. A portion of the stream is
currently piped under Creedmoor Road.

Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is for the widening of Creedmoor Road. This proposed widening will result
in 19,086 ft2 of zone 2 buffer, 6 6,739 ft2 of zone 1 buffer and 111 feet of stream impact to a
stream adjacent to Creedmoor road The Creedmoor Road widening is required by the City
of Raleigh in order for the property owner to have any site plan approved. The site plan has
not been finalized but will not require any additional impacts to buffers or jurisdictional
waters.
11. Explain the purpose of the proposed work: The purpose of the work is to widen Creedmoor
road (highway 50) as required by the City of Raleigh.

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.
A site meeting with Ms Debbie Edwards of the NCDWQ was conducted on October 30, 2003 to
determine the subjectivity of the stream to the Neuse Buffers (NBRRO 03-286). Ms. Edwards
confirmed our determination that the stream was subject to the Neuse Buffers at the point
indicated on the attached maps A site meeting was held on 2 December 2003 with Mr. Steve
_Mitchell of the NC DWQ that determined the stream to be perennial at a point 15 feet from
the buffer start point A site meeting was then held with Mr. Bob Zarzecki of the NC DWQ to
discuss the proposed impacts and walk the impact area

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 plans are finalized at this time; however, no impacts to jurisdictional waters or buffers
should be required

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a

Page 3 of 8

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: The proposed impacts result
from the crossing of one stream channel and buffer impacts along the same channel The
impacts are due to the widening of Creedmoor Road (Highway 50) The details of the
impacts are listed in the tables below.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htip://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: less than o.01
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (pleasespecify)
Impact 2 Culvert III UT of Crabtree Creek 4' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mayguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 111

Page 4 of 8

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): 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.
At the request of the client a detailed wetland delineation and stream buffer determination
was conducted by S&EC The original plan for the proposed road widening was to impact
400 linear feet of stream The applicant reduced this amount by utilizing retaining walls to
decrease the footprint of the impact Likewise the retaining walls will reduce the required buffer
impacts The widening of Creedmoor road is required by the City of Raleigh.

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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors

Page 5 of 8

including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htrnl.

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.
In order to cover the cost of mitigation, payment to the Environmental Enhancement
Program is proposed. Because the stream impact is due to a relocation and not a filling or
culverting, we propose a mitigation ratio of 1:1.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): 111
Amount of buffer mitigation requested (square feet): 47,165
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No

Page 6 of 8

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes ® No ? If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Parallel impacts
Zone* Impact Multiplier Required
(square feet) Mitigation
1 6,544 3 19,632
2 18,355 1.5 27,533
Total 24,899 47,165
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

Per endicular impacts
Zone* Impact Multiplier Required
(square feet) Mitigation
1 731 3 NA
2 195 1.5 NA
Total 926 NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

Page 7 of 8

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Payment to the Environmental Enhancement Program is proposed to meet the mitigation
requirements.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious area within the proposed road widening area will exceed 30% A site plan for
the main property has not been finalized so the impervious area is not known The property is
proposed to be residential.
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.
No wastewater will be generated on the property due to the expansion of Creedmoor road The
property will eventually tie into the Raleigh Sanitary Sewer line once a site plan has been
finalized.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No

Is this an after-the-fact permit application?
Yes ? No

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of 8

05/1242004 17:09 919-562-2435 WAKE ESTATES. LLC PAGE 01
' ~Q02
05/12/2004 14:34 FAX

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soil & x>c ixax~lt exztal. consultants, P -0 MOW-

11010 ItRVac~ Aga R t4o~1s Carolina V61a (919) 94&-5'~M -5'~M FMX2 (919) Sod 9467
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Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wake Estates Property (Creedmoor Road Widening) / S&EC
Project/Site: Project #8243.W1 (up) Date: 10/03/03
Applicant/Owner: Wake Estates, LLC County: Wake
Investigator: Sean Clark State: NC

Do Normal Circumstances exist on the site? X Yes No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID:
(If needed, explain on reverse.)

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fagus grandifolia Tree FACU 9.
2. Quercus alba Tree FACU 10.
3. Cornus florida Sapling FACU 11.
Euonymus americans Sapling FAC- 12.
5. Lonicera japonica Vine FAC- 13.
6. Polystichum acrostychroides Herb FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 16.7%
Remarks: The vegetation meets the criteria 50% UPL, FACU or FAC) for upland vegetation.

HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other _ Saturated in Upper 12 Inches
X No Recorded Data Available Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: >12 (in.)
Remarks: There were no field indicators of wetland hydrology.

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]

Project/Site: Wake Estates Property (Creedmoor Road Widening) / S&EC Plot ID: Upland
Project #8243.W1 (up)

SOILS
Map Unit Name Drainage Class: Well-drained
(Series and Phase): Cecil sandy loam Field Observations
Taxonomy (Subgroup): Typic Kanhapludults Confirm Mapped Type? x Yes No

Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-5 A 10YR 4/5 Sand loam
5-12 B 2.5YR 5/8 Clay

Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: There were no field indicators of hydric soils at this sampling point.

IL- .1
WETLANDS DETERMINATION

Hydrophytic Vegetation Present? Yes x No Is this sampling point within a wetland?

Wetland Hydrology Present? Yes X No Yes x No
Hydric Soils Present? Yes X No

Remarks: This location is not in a wetland.

11 11

State of North Carolina
Department of Environment , .
and Natural Resources !N~
Raleigh Regional Office

Michael F. Easley, Governor NCDENR
William G. (Bill) Ross, Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
December 22, 2003

Sean Clark DEC 3 0 2003
1; s
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Neuse River Basin Buffer Rules
NBRRO 03-286
Creedmoor Road Site
S&EC #03-8243-W l
Raleigh, Wake County, NC
Dear Mr. Clark:

This letter will serve as confirmation of the buffer determination made by S&EC at the subject
property referenced by the Raleigh Regional Office as NBRRO 03-286.

On October 30, 2003, 1 conducted a site visit of features A, B and C involved in the above
referenced project as identified on the attached figures 1 and 2. It was determined that the features
shown on the Wake County Soil Survey, but absent on the USGS Raleigh West, NC Quad map
could potentially be subject to protection under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A: 02B.0233 (NCAC .0233). Feature A has been delineated and flagged and its origin is
identified as flag #S03, the pond above this feature (feature C) is not subject Feature B is not
subject.

This letter only addresses the applicability of the Neuse Buffer Rules. For information
relevant to 401 Water Quality Certifications, wetlands and other impacts to "waters of the state",
please contact the Central Office at 733-1786. (Note: if a 401 Water Quality Certification is needed,
please be reminded not to begin your project until the certification has been received.) Thank you
for your attention to this matter and if this office can be of any assistance or if you have additional
questions, please do not hesitate to contact us.

Sincerely,
I ECQL-____5aVe_.

Deborah Edwards
Environmental Specialist I
cc: John Dorney/DWQ
Wake County

1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

NOTE TO SURVEYOR:
Sol! h Environmental Coasnltaats, PA
Nola Raven Ridge Rmd, R~kigh tlorth Cuoti:u 2]614 All stream channels on the property should be surveyed in their entirety,
t4rork. (91911346 6900 Fu. (919) 8"-9467 starting at and extending downstream of the S&EC flagged "start point." All
bends should be surveyed and the stream width either shown or noted at
Project Creedmore Road Site / S&EC Project #8243 Wl each surveyed point.
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Maps and databases are publk information supplied
by various government agencies. The author and/or
seller of the software program are in no way MapVUE
responsible or Gable for the information depicted
herein. inquiries concerning the data should be 0 136 272 408 544 OCT 2. 2003
directed to the appropriate government agency. Scale in Feet

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wake Estates Property (Creedmoor Road Widening) / S&EC
Project/Site: Project #8243.W1 (wet) Date: 10/03/03
Applicant/Owner: Wake Estates, LLC County: Wake
Investigator: Sean Clark State: NC

Do Normal Circumstances exist on the site? X Yes No Community ID: Emergent Wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
wetland adjacent to
Is the area a potential Problem Area? Yes X No Plot ID: stream
If needed, explain on reverse.
VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Sambucus Canadensis Shrub FACW- 9.
2. Woodwardia areolata Herb. OBL 10.
3. Juncus effuses Herb. FACW+ 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks: The vegetation meets the criteria 50% OBL, FAC or FAC) for hydrophytic vegetation.

HYDROLOGY

Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other X Saturated in Upper 12 Inches
X No Recorded Data Available X Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: 3" (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: 3" (in.)
Remarks: There were sufficient field indicators present to indicate wetland hydrology.

' t
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]

Project/Site: Wake Estates Property(Creedmoor Road Widening) / S&EC Plot ID: wetland adjacent to stream
Project #8243.W1 (wet)

SOILS
Map Unit Name Drainage Class: Somewhat poorly drained
(Series and Phase): Chewacla Field Observations
Taxonomy (Subgroup): Fluvaquentic Dystrudepts Confirm Mapped Type? Yes No

Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10YR 4/2 silt loam
6-12+ B 10YR 4/1 silty clay loam

Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Soils more resembled Wehadkee rather than Chewacla.

IL- 11

WETLANDS DETERMINATION

Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?

Wetland Hydrology Present? X Yes No X Yes No

Hydric Soils Present? X Yes No
Remarks:

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Triage Check List

Date: Jr%yA/e 'y Project Name: kla K e f '

DWQ#: oyoQyf
County: tva e

To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb

RRO Steve Mitchell

From: Lcrrj 6a*&, Telephone : (919)

The file attached is being forwarded to your for your evaluation.
Please call if you need asstStance.

? Stream length impacted
? Stream determination
? Wetland determination and distance-to blue-line surface waters on USFW topo.maps
Minimization/avoidance issues

® Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? -Pond fill
? Mitigation Ratios

? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is.the application consistent with pre-application meetings?

? Cumulative impact concern

Comments:

a r-NV)1'IUNMtN IAL UUMULIAN I,, rA 016 71. '
NC Division of Water Quality Check Number: 16712
Date: 05/24/04 Check Amt: $200.00
Tran # Invoice Type Date Reference _ Balance Discount Pay Amount
3116 052404 Invoice 05/24/04 Permit App $200.00 $0.00 $200.00
D31Q,~ GROUP
NEI

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