20030330 Ver 2_COMPLETE FILE_20060323

WA " 0'" H EEnv S 0y RAV E E ESL
ENGINEERS I PLANNERS I SURVEYORS
March 23, 2oo6
US Army Corps of Engineers NC-Division of Water Quality
Attn: Mr. Monte Matthews Attn: Ms. Cyndi Karoly
65o8 Falls of the Neuse Road, Suite 120 2321 Crabtree Blvd.
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements U
404/4o1 Request (J
MAR 2 3 ZOU6
W&R Project Number - 205228.o
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aJD STOR MA' 7ERIER
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Dear Mr. Matthews and Ms. Karoly,
On behalf of the Town of Cary and M/I Homes, we are requesting authorization from
the USACE to use NWP 14 and 40i-certification from the NC-DWQ for the installation
of a roadway.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be'un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed 'Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3•
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ftz) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
stream channel. Included with the attachments is a memo from the Project Engineer
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 1 fax: [phone]o19
detailing our efforts to minimize impacts to the stream channels and wetlands within
the proposed alignment. Because the wetland impacts exceed o.1 acres, the
applicant proposes payment to the NC-EEP to satisfy mitigation requirements. A
copy of the acceptance letter from the NC-EEP is included with the attachments. We
do not believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter
p=@;mHW1q
MAR 2 3 2006
DENR - WATER QUALITY
Lrt?L{t?dt?S rt?3-S1?'t?'ATt-r?Eftfuf.'tt
Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. V A? 0 _3- D 3 3 ?D
(If 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 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreuningerna withersravenel.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 fonnat;
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: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Right.
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): 35.8048778 ON 789030499 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.ne.us/admin/inaps/.)
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 is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroughfare that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the constriction of the roads.
11. Explain the purpose of the proposed work: The realignment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
IV. Prior Project History
If jurisdictional determinations and/or pen-nits 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 pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
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 pennits issued for prior segments of the same T.I.P. project, along with
construction schedules. Previous segments of Green Level to Durham Road may have
required
404/401 pen-nits; however, Withers & Ravenel was not involved with the permitting for these
segments. Pre-application meetings were conducted with Mr. Monte Matthews of tile USACE
on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted by Soil
and Environmental Consultants and site visits were conducted by the USACE to review the
delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance determination. Mr. Natthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an intenmittent/perennial stream
detennination on February 1, 2006 and detennined that the stream is intermittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USAGE and the
NC-DWQ to discuss permitting issues associated with the proposed thoroughfare. During, this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent 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.
N/A
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
Page 3 of 9
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation trap, 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 current request is for 340
linear feet of unimportant stream impact and 10,585square feet of jurisdictional wetland impact.
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 floodinu.
Wetland Impact Type of Wetland Located within Distance to Area of

Site Number
Type of Impact
(e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.)
(yes/no)
(linear feet)
I A Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
4. Individually list all intennittent 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. multiDly lenath X width. then divide by 43.560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Im act linear feet) acres
213 UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
313 UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
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
6. List the cuniulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
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 USAGE.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the nronosed alianment.
VIII. 1\Iitigation
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
Pennits, 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/ncwetIands/stnngide.litm 1.
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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A cony of the EEP acceptance letter is included
with the attachments.
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 detennine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
X.
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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by D`VQ)
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 213 .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss storniwater
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. NA- Linear project.
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.
NA
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: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
brim additional growth to the area outside of what would normally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
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 pennits. 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).
ZZ -ZX(.
Applicant/Agent's Sibnatu e ` U ll ite
(Agent's signature is valid only if an a ization letter from the applicant Ys provided.)
Page 9 of 9
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JAN-18-06 12:44 FROM-10/1 Homes of Raleigh, LLC 8188280663 T-125 PI02/002 F-786
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorization. Form
Project Name: Ct AM9dn FMS ( A)*" (iA- N -
Property Owner/Contract Purchaser: _ 'gsu
Address: / Sa 0
,J C_ 7-11607
Phone: Ow ?) '82.6 - I!o `
Fax: ?Tj ,z l -.10/9
E-mail: roc &&I-g .Ali.••?d
I hereby grant Withers and Itavenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Raveoel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: D
(si e)

WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger - Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
,., AA-v.- n.i- r- hi-+k r-ii- -- *.I.- ,.4n -- f--^ .4, f-Q .......

O
WATF9
Michael F. Easley,
William G. Ross, Jr.,
North Carolina Department of Environment and Natural I
Alan W. Klimek, P.E., I
Division of Water
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
February 3, 2006
F . 1006
Withers
& Ravene/
IPRRO 06-003
County: Wake
INTERMITTENT/PERENNIAL (UP) STREAM DETERMINATION
Project Name: Gabel Farms Thoroughfare - Cary
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Determination(s): 2/1/06
Feature I/P Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Stream Form.

This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local may request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing do Cyndi Karoly, DWQ
Wetlands1401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected parry (including downstream and adjacent landowners) is notified of this decision. DWQ 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.
NOne
hCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer
FAX [phone]-623
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2/3/2006
'Page 2 of 2
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 be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Tom Horstman - Town of Cary
One
No thCarolina
AU,h ;
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
t
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
ro'
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
RFCFi?
FFB 0 6 F?
?tit Its
hers
? Ra?ene/
Project: Green Level to Durham Road Improvements County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 .
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian on-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 David Robinson at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File

Sincerely,
m D. Gilmore, PE
Ycirector
RP.StO?'l,Gl?... E ... Prot" Our StG{&
lRMENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN-18-06 12:44 FROM-WI Homes of Raleigh, LLC 8188280663 T-125 P.002/002
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign.Torm
5 ( ? n1o ?.+ S ?? N S
Project Name: Ce-Als ? FAr%A'-?
property Owner/Contract Purchaser: ^ 2 l7 ??S
Address: / S.:? o xAL&wN N c- 216 o?
Phone. b 2.6 - tie
Fax: ?? z ?I - 3819
Email: ? M 6dc.7..i r?/i Nv? -
I hereby grant Withers and Itavenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravetiel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
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BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
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Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WIT HERS & RAVENEL FIGURE 3 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS 1 PLANNERS I SURVEYORS
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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
Division of Water Quality
April 21, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek) [030605, 16-41-1-17-3, WSIV, NSW]
NOTICE OF WITHDRAWAL
Gentlemen:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated
March 22, 2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to
construct the proposed road improvements at the subject property. The DWQ wrote to you
on April 3, 2006, discussing concerns that we have regarding the design of the project and
stating that it would be placed on hold for three weeks giving you time to address DWQ's
concerns. We received additional information from you on April 17, 2006, however, you
have not addressed the requirements we presented to you in our April 3, 2006 letter.
Therefore, your permit application is hereby considered withdrawn and will not be reviewed
until DWQ's earlier concerns are addressed. Once you have redesigned your project to
address the requirements the DWQ presented to you in our April 3, 2006 letter, you will need
to reapply for DWQ approval. This includes submitting a complete application package with
the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for
this activity and any work done within waters of the state would be a violation of North
Carolina General Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-
715-4631 if you have any questions or concerns.
401 Oversight/Express Review Permitting Unit Qt1lCQl
N a
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htti> //li2o.encstate.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Town of Cary/MI Homes
Page 2 of 2
April 21, 2006
4incerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, Inc., 111 MacKenan Drive, Cary, NC 27511
Filename: 030330Ver2GreenLevelToDurhamRoadlmprovements(Wake)W ithdrawal
i -

VV0THZMS MAVZN ZL
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006 4 z o 3- C) 33 O
NC-Division of Water Quality
Attn: I'v1s. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
Todd Preuninger
Director of Wetlands and Biological Sciences APR 1 7 2006
Attachments: 15 ENR - WATER QUALITY
1) Green Level To Durham Road Improvement Overall Map ORMWATERBRANCH
2) DWQ request for additional information
ill MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersraveneLcom
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 let: 910.256.9277 1 fax: [phone]
?OF WATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
O North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
cast of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 303d streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Ku„hCarotina
1/1Mindy
401 0%ersight/Express Re,,icw 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: http://wvvw.ncN%atcrquality.org
An Equal opportunity/Affirmative Action Employer- 50%Recyclcd/l0°o Post Consumer Paper
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WITHERS "R"EMEL
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &o RAVENEL, INC.
Todd Preuninger
Director of Wetlands and Biological Sciences
Attachments: U 0W PM ?
1) Green Level To Durham Road Improvement Overall Map APR 1 7 2006
2) DWQ request for additional information
DENR - WATER QUALITY
VAEII N0S A140 STORIAVATER BRANCH
ill MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
107 Stokley Drive i Suite 1o4 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
0F W A7- RQ Michael F. Easley, Governor
?(t G William G. Ross Jr., Secretary
-r Y North Carolina Department of Environment and Natural Resources
%
W
Q Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 024 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
cast of the intersection of Green Level Church Road and Green Level To Durliam Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 3034 streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric KuwoAh Carolina
?1'ahrrrrll?
101 Ovcrsight/Express Review Permitting Unit
1650 Mail Service Centcr, Ralcigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralcigh, North Carolina 27601
Phone [phone] / Fax [phone]
Internet: blip://www.ncwatcrqualil}'.org
An Equal Opportunit};'Atlirmative Action Employer- 50%Rec}cled/101,6 Post Consumer Paper
Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversigllt/Espress Review Permitting Unit
CBK1ojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenal, Inc., 111 N/lacKenan Drive, Cary, NC 27511
Filename: 030330N'cr2GreenLc? elToDorhamltoadlmpro,,cmculs(N'ake)On_llold
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WITHERS Ley RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
o?,1x'1
Todd Preuninger
Director of Wetlands and Biological Sciences
Attachments:
1) Green Level To Durham Road Improvement Overall Map
2) DWQ request for additional information
APR 1 7 LJ
jf??R. ?yaTF
a?QB
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: g19.467.6oo8 i www.withersravenel.com
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
?0F W ATFR p Michael F. Easley, Governor
?(JG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DW r
P-WP__?)
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR NIORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of Nvetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
east of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 303d streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Ku});°rthCarolina
;vallmall
101 ONersi-ht/l xpress Review Permitting Unit
1650 Mail Scrvice Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: htip://www.ncwatcrquality.org
An Equal Opportuniq/Affirmative Action Employcr- 50°b Recycled/10°b Post Consumer Paper
Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers S Ravenal, Inc., 111 MacKenan Drive, Cary, NC 27511
Filename: 030330vcr2GrecnLeN el'roUurhamltoadlmpro? cmcnts(N%'ake)On_llold
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WITHERS (1,` RAVEN E L
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
Todd Preuninger
Director of Wetlands and Biological Sciences
Attachments:
1) Green Level To Durham Road Improvement Overall Map
2) DWQ request for additional information
ae?
APR 1 7 D
+IR. 20
06
RAN?y
ill MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: 9i9.467.6oo3 i www.withersravenel.com
107 Stokley Drive i Suite 1o4 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
W A7' RQ Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORIIIATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 214 .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
east of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 3034 streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Ku},o`rtl,Carol ina
?vatrrralljf
401 Ovcrsight/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: http://Nvv?%v ncNvatcrquality.org
An Equal Opportunit}'/Affirmative Action Iamplo?cr - 5096 RccNcIcd/10`;6 Post Consumer Paper
Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenal, Inc., 1 I I MacKenan Drive, Cary, NC 27511
Filename: 030330%'cr2GrecnLe%clTollurthaniltoadlmpro?emcnts(11':il<c)On_llold
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WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project*: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS (7 RAVENEL, INC. ?D
AP D
R 17 2006
DE WATER
Todd Preuninger t1 ' ANDT QUACK
Director of Wetlands and Biological Sciences Q R, RAt0
Attachments:
1) Green Level To Durham Road Improvement Overall Map
2) DWQ request for additional information
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
107 Stokley Drive i Suite 1o4 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
?0F W A 7'F9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
D North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 211 .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
cast of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 303d streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Kuwo? hCarolina
'1 alurally
401 ONcrsight/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: http://w?sw.ncwaterqualit}.org
An Equat Opportunit}/Anirmative Action lanplo}cr - 50", o Rcc}cled/10° o Post Consumer Paper
Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Prcuninger, Withers & Ravenal, Inc., 1 11 MacKenan Drive, Cary, NC 27511
Filename: 030330N'cr2GreenLeveIFol) urhamRoad lmprove ments(Wake)On_ fold
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April 17, 2006

ENGINEERS I PLANNERS I SURVEYORS
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
?D
? Q
Todd Preuninger APR 2006
Director of Wetlands and Biological Sciences 11F7W6?
AND lT ER RiN
BWrCli
Attachments:
1) Green Level To Durham Road Improvement Overall Map
2) DWQ request for additional information
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.coni
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
?0F W A TF9Q Michael F. Easley, Governor
?
6 -7 0 DW G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
111 r-
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homcs
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR DIORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
cast of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 3034 streams) for this
thoroughfare (Morrisville Parkway).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric KukPo'rtliCarol ina
'A'atnmlly
401 Os crsight/Express Review Permitting Unit
1650 Mail Scrvice Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://ww\e.newaterqualit}.org
An Equai Opportunith/A17irmativc Action EmploNer- 50°o Recycled/10"a Post Consumer Papcr

Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Prcuninger, Withers & Ravenal, Inc., 111 MacKenan Drive, Cary, NC 27511
Filename: 030330ver2GreenLe,?elToUurhantRoidlmpro?ements(N1'ike)On_llold
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WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
April 17, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Green Level To Durham Road Improvements
W&R Project #: 02050228.00
DWQ Project #: 03-0330, Ver. 2
Dear Ms. Karoly,
We received your request for additional information on April 7, 2006 regarding the proposed Green
Level to Durham Road Improvements. As per your suggestion we have redesigned our plans to show
Green Level Church Road terminating at the intersection of Green Level Church Road and Green
Level to Durham Road. We trust that this information will allow you to complete your review of this
project.
Please feel free to call if you have questions or require additional information. n
I?{ ??
Sincerely,
UUUIII]]] D
WITHERS &-RAVENEL, INC. APR 1 7 2006
DENfZ - WATER QUALITY
'AETLANDS AUD STOR1MATER BRAtX f
Todd Preuninger
Director of Wetlands and Biological Sciences
Attachments:
1) Green Level To Durham Road Improvement Overall Map
2) DWQ request for additional information
111 MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]ooS i www.withersravenel.com
107 Stokley Drive i Suite 104 1 Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
?pF WATF9 p Michael F. Easley, Governor
?p G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
7
-? Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 2
Wake County
CERTIFIED AIAIL: RETURN RECEIPT REQUESTED
Mr. Title Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jerenly Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2Yl .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based oil the plans you submitted, Green Level Church Road terminates approximately 750 feet
east of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 303d streams) for this
thoroughfare (Morrisville Parkwav).
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me ill writing and Eric Ku onl,Carolina
'xii/f/m/ly
401 O, ersight/lispress Review I'crmitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: hltp://www.ncwaterquality.org
An Equal Opportunity/.V7irn,ative Action Emplo}cr- 50°b Recyclcd/IO°b Post Consumer Paper

Town of Cary/MI Homes
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assun)e
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenal, Inc., 1 1 1 MacKenan Drive, Cary, NC 27511
Filename: 030330N'er2GrecnLeN el FonurharnRoadlmpros cments(N1'ake)On_l loll
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?OF F9o Michael F. Easley, Governor
William G. Ross Jr., Secretary
UJ [ North Carolina Department of Environment and Natural Resources
COD Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 03-0330, Ver. 3,,2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Sir and Madam:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct the proposed
road improvements at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
Based on the plans you submitted, Green Level Church Road terminates approximately 750 feet
east of the intersection of Green Level Church Road and Green Level To Durham Road. Please
either a) redesign your plans to show Green Level Church Road terminating at the intersection of
Green Level Church Road and Green Level To Durham Road, or b) provide plans showing the
logical terminus of the road, all stream, wetland and open water impacts, an EA if applicable, and
an indirect and cumulative impact analysis (quantitative if the road impacts 303d streams) for this
thoroughfare (Morrisville Parkway)..
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Ku},'` Carolina
Naturally
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: http://www.ncwaterquality.org
An Equal Opportunity/Affinnative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Town of Cary/MI Honnt"5
Page 2 of 2
April 3, 2006
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
,/tC
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlojm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenal, Inc., 111 MacKenan Drive, Cary, NC 27511
2
Filename: 030330 Ver'kCreenLevelToDurhamRoadimprovements(Wake)On_llold
DW O/ 03-C,130 Vert Green Level to Durham Road Improvements
Subject: DWQ # 03-0330 Ver2 Green Level to Durham Road Improvements
From: Laurie Dennison <[e-mail]>
Date: Mon, 03 Apr 2006 09:45:11 -0400
To: Todd Preuninger <[e-mail]>
Please see attached the Division of Water Quality's request for more information related to your
recent application. Please note that this message is being forwarded to you electronically so that
you may expedite preparation of your response. Please do not send your response as a reply to this
e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC,
27604 unless otherwise noted.
030330Ver2GreenLevelToDurhaniRoadlmprovements(Wake)On_IIold.doc
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WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
To: NC Division of Water Quality
Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleieh. North Carolina 27604
WE ARE SENDING YOU ® Attached via
? Shop Drawings ? Prints
? Copy of Letter ? Change order
COPIES DATE NO. DESCRIPTION
7 03-23-06 1 PCN Form, Impact Maps, Agent Authorization, USGS Quad,
Soil Survey Map, DWQ Intermittent/Perennial Determination, EEP Letter
1 2 Check Amount $475.00

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted ? Resubmit copies for approval
® For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: File-2040365 SIGNED: Todd Preunin er/c'a'e
o C?C?GOd? D
Q
2 3 2006
If enclosures are not as noted, kindly notify us at once. MAR
DEIJR V1?Tt:fiQUALITY
15'ETlAt.D3 111D 9To i;`',AATER BRANCH
U Il li 11 G:I -Mi li I 1\i\i >r 111 it 11 1 I?,
DATE March 23, 2006 JOB NO. 2040365
ATTENTION Ms. Cyndi Karol
Phone
RE: Green Level to Durham Road Improvements
(A/K/A W&R# 205226)
the following items:
? Plans ? Samples ? Specifications
? Diskette ?
WAKE COUNTY, NORTH CAROLINA -
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WITHERS ?y RAVEN ELL
ENGINEERS I PLANNERS I SURVEYORS
March 23, 2oo6
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements
404/4o1 Request
W&R Project Number - 205228.o
Dear Mr. Matthews and Ms. Karoly,
On behalf of the Town of Cary and M/I Homes, we are requesting authorization from
the USACE to use NWP 14 and 4o1-certification from the NC-DWQ for the installation
of a roadway.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6o03). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3.
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ft2) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
stream channel. Included with the attachments is a memo from the Project Engineer
ill MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: 91o.842.8019
detailing our efforts to minimize impacts to the stream channels and wetlands within
the proposed alignment. Because the wetland impacts exceed o.1 acres, the
applicant proposes payment to the NC-EEP to satisfy mitigation requirements. A
copy of the acceptance letter from the NC-EEP is included with the attachments. We
do not believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter

Q
MAR 2 3 2006 03 -033C
Office Use Only: Fonn Version March 05
DENR - WATER QUALITY
Vi-ET1 RMS AND ST0,MAJATER ERANCH
USACE Action ID No. DWQ No.
(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 Pen-nit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Pen-nit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address:tpreuninger(iDwithersravenel.com
Page I of 9
III. Project Information
7
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: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Right.-
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): 35.8048778 ON 78.9030499 °W
6. Property size (acres):
Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(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 is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroughfare that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the construction of the roads.
11. Explain the purpose of the proposed work: The realiunment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property_
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. Previous segments of Green Level to Durham Road may have
404/401 permits; however, Withers & Ravenel was not involved with the pennitting for these
segments. Pre-application meetings were conducted with Mr. Monte Matthews of tile USACE
on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted by Soil
and Environmental Consultants and site visits were conducted by the USACE to review the
delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance detennination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an internittent/perennial stream
determination on February 1, 2006 and determined that the stream is internittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE`and the
NC-DWQ to discuss permitting issues associated with the proposed thoroughfare. During this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility?(i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent 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.
N/A
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
Page 3 of 9
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10,585square feet of jurisdictional wetland impact.
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 floodine.
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)
( es/no) (linear feet)
IA Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
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, multiDly leneth X width, then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
(indicate on ma) Intermittent? Before Impact linear feet (acres)
2B UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
3B UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
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
Wate Type of Waterbody Area of
Site Number e)
(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
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
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.
NA
S. 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., danVembankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the design process,
the road was shifted to the east to reduce imnacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing; our efforts to
minimize impacts to the stream channels and wetlands within the proposed ali Tnn? ?cnt.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 211 .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://112o.cili*.state.nc.us/iiewet]ands/stnn,i,,idc.liti-n1.
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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A copy of the EEP acceptance letter is included
with the attachments.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone f-,- Multiplier r .*#.'-#.,,.,
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total I NA I I NA
* Zone I 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.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate infonnation as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
XI. Stornnvater (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. NA- Linear project.
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.
NA
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://l12o.enr.st,ite.ne.us/ncwetlands. If no, please provide a short narrative description: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
bring additional growth to the area outside of what would normally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Sibnatu e 0
(Agent's signature is valid only if an a ization letter from the appli
6-2?--2x4
to
provided.)
Page 9 of 9
JAN-18-06 12:44 FROM-M/1 Homas of Raleigh, LLC 8188280663 T-125 P.002/002 F-786
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorization. Form
Project Name: _ Z-f??l5! ? ?5 A/o" (iA- S J4nr? _
Property Owner/Contract Purchaser: Af5S
Address: / S'a 0 ,S..w, A A, L ,-- w-,,? 1/3 RALTYT- ,N '`? Z1 b 07
Phone:
Fax: -(2T) 2 ?1 - 380
Email: yt4 -<&Z', g 4i 97-
I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: D
(si e)
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger- Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares withdesign speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
... AA-V.- n.i- rte.,. Ki-. . r-r- -- rol..,... ,.4.. ?,,, F,,.....,. -C, r-Q
• O?O? W A
i. j DW=i
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
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
-9-1 vHI)
February 3, 2006
F . ?zoos
Withers
& Ravenei
IPRRO 06-003
County: Wake
INTERAUTTENT/PERENNIAL (I/P) STREAM DETERMINATION
Project Name: Gabel Farms Thoroughfare - Cary
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Determination(s): 2/1/06
Feature I/P Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Stream Form.

This on-site determination shall expire five (5) years from the date of thus letter. Landowt:ers or affected parties
that dispute a determination tirade by the DIVQ or Delegated Local stay request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly, D IVQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day stattttory appeal time does not start nuntil the
affected party (including downstream and adjacent landowners) is notified of this decision. DIVQ reconnnnends
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 cotnfornns to Chapter 150B 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.
NolthCarolina
I/Al11111 lI/f
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/future owners) should notify the Division of !rater Quality (including any other Local, State, and
Federal Agencies) of this decision concerning airy future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp Engineers
(Raleigh Regulatory Field Of(1ce) at (919)-876-8441.
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Toni Horstman - Towns of Cary
One
No thCarolma
Nllt1l1,21y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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PROGRAM
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
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The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 .
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and die U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
recto D. Gilmore, PE ALI
irector
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Restoir ... E ... Prot" our Ytat&
A72A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN-18-06 12:44 FROM-M/1 Homes of Ralai¢h, LLC 8188280663 T-125 P.002/002 F-786
ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign.Form
Project Name: 1-y4(J ?'ti' ( n/o" (iA, 'WZJnj :r
property Owner/Contract Purchaser: ??? ?? ?4L?rS
Address: / S.? o ,s.,w d try L IS- /(3 _ re-AILZM&N v r- 214,07
Phone:
Fax: „) Z t / - 380
Email: %.t .?/i /?v?..6d-.
I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Raveoel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: D
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
IINCH 50 FFC7
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 3 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS 1 PLANNERS I SURVEYORS
n1 M,cK- D. , Cwy,N Ca," Znn N: %9 69-7310 t-9-67E .,...,..»x......,,.i.? CARY WAKE COUNTY NORTH CAROLINA
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HEADWALL CHANNEL INVERT
UPSTREAM 307.1 306.10
DOWNSTREAM 303.0' 302.00' I
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(CULVERT TO BE SET 1.0' BELOW I I I ,\ 1 1
STREAM FLOWLINE)
NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.

Note: See Overall Wetlands Impact Map For Area Location r INCH 50 FEET
GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 2 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS I SURVEYORS
mAlact-D- C-.HO C-r-rrsn Iw:Vs 5-3sao CARY WAKE COUNTY NORTH CAROLINA
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: NOVEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR. '
I INCH - 50 FEET
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 1 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS 1 SURVEYORS
m M-- 0. c..y - c...,M mn 91-0-coo8 .......n....,,«»i..«CARY WAKE COUNTY NORTH CAROLINA
N/F
JOHN WIELAND HOMES \
AND NEIGHBORHOODS
OF THE CAROLINAS, INC. \
(SOUTHRIDGE S/D)
PIN 0724894486
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WITHERS 0,,,`RAVENEL
March 23, 2oo6
ENGINEERS I PLANNERS I SURVEYORS
\? a, 103 - 03 3 u
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements
404/401 Request
W&R Project Number - 205228.0
_ M
AID 2 3 ?006
Dear Mr. Matthews and Ms. Karoly, Uerti;osr
}}? ,D? ?Yq??it QLALl
On behalf of the Town of Cary and M/I Homes, we are requesting authorization ffiMiLw,trct,
the USACE to use NWP 14 and 401-certification from the NC-DWQ for the installation
of a roadway.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be'un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed 'Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3.
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ftz) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
stream channel. Included with the attachments is a memo from the Project Engineer
ill MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: [phone]
detailing our efforts to minimize impacts to the stream channels and wetlands within
the proposed alignment. Because the wetland impacts exceed o.1 acres, the
applicant proposes payment to the NC-EEP to satisfy mitigation requirements. A
copy of the acceptance letter from the NC-EEP is included with the attachments. We
do not believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter

MAR 2 S 2006
LEtdR - WATER QUALITY
AZIW@3 AW STC-R!AI'VATER ERAUCH
Office Use 0111y: Fonn Vcrsion March 05
USACE Action ID No. D`VQ No. \/J D3-03-3c)
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Pennit ? Riparian or Watershed Buffer Rules
? Section 10 Pennit ? Isolated Wetland Pen-nit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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
Owner/Applicant Information
Name: Tim Bailev - Town of Carv M/I Homes - Attn: Jeremv M
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number:(919)-460-4935 Fax: [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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Carv. NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreuningerPwithersravenel.cotn
Page 1 of 9
III. Project Information
5.
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I 1 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: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include please/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Right.
_
Site coordinates (For linear projects, such as a road or utility line, attach a
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8048778 ON 789030499
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hli2o.enr.state.nc.us/adminfhnaps/.)
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 is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
sheet that
oW
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroui hfarc that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the construction of the roads.
11. Explain the purpose of the proposed work: The realignment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
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. Previous segments of Green Level to Durham Road may have
required
404/401 permits; however, Withers & Ravenel was not involved with the permitting for these
segments. Pre-application meetings were conducted with Mr. Monte Matthews of the USACE
on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted by Soil
and Environmental Consultants and site visits were conducted by the USACE to review the
delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance determination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an intennittent/perennial stream
determination on February 1, 2006 and determined that the stream is intermittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE and the
NC-DWQ to discuss permitting issues associated with the proposed thoroughfare. During this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent 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.
N/A
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 snap all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
Page 3 of 9
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 (intennittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10,585square feet of Jurisdictional wetland impact.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns,
senaratelv list inrnacts due to both structure and floodinu.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 1 00-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) linear feet)
IA Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
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 acreaae, multiply lenath X width, then divide by 43.560.
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)
213 UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
313 UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
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
6. List the cumulative impact to all Waters of the U.S. resulting; from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
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.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the proposed alignment.
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 sliall 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
littp://h2o.enr.state.nc.us/iicwetian(is/stnngide.litml.
Provide a brief description of the proposed mitigation plan. The description should provide
as much infornation 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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A copy of the EEP acceptance letter is included
with the attachments.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* , .... - r-, I Multiplier
I 1 I NA 13 (2 for Catawba) I NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stornlwater
controls proposed in order to protect surface waters and wetlands downstream frorn the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. NA- Linear project.
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.
NA
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-tlie-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: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
bring additional growth to the area outside of what would normally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
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).
1
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provided.)
Applicant/Agents Signata e U
(Agent's signature is valid only if an a ization letter from the app]
Page 9 of 9
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EN(iINE I NI Cary I SUNVEY(]Nti ^?? ?•?ppp?I?V ? :1 -
111 MacKe cKenan Drive ve Cary, North Carding vwv?? T s':..? r
telephone: [phone] www.wltheremenel.com 5 , _. • % //J • '? JlJ' /?
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JAN-18-06 12:44 FROM-M/I Homes of Raleigh, LLC 8188280663 T-125 P-002/002 F-786
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorization Form
Project Name: Cy AA nr4-= F&.f .s C? n1o" (4• ' Z.3 N GI /
Property Owner/Contract Purchaser: ??? ?? Af: S
Address: / S,:? 0
.L. . S, ,A.,& /(3 R,4C.bwH AJ c_ ZI 6 07
Phone: /?) b2-6-110C.
Fax: _ (2f l) ,z ? / - 38/9
Email: vu 5d••r ,Ni ?vw6r3-
I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: < < D
(si e)
WITHERS fi AVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger - Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwel) with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
... AA-v-- n.f.,o r- 1 -tk r-r- -.. +.I.- non -- F-.- e4, 4-p
p?WAr?0 gQG
J. ?
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
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
-" VF?
February 3, 2006
F . 0 7 7006
Withers
& Ravenei
IPRRO 06-003
County: Wake
INTERMITTENT/PERENNIAL (I/P) STREAM DETERMINATION
Project Name: Gabel Farms Thoroughfare - Cary
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Determination(s): 2/1/06
Feature UP Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Stream Form.

This on-site determination shall expire five (5) years front the date of this letter. Landorwters or affected parties
that dispute a determination made by the DIVA or Delegated Local may request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing C/o Cyndi Karoly, DIVA
Metlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You mttst act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision. DIVQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are rnade in a tinnely
uranner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714.
This determination is final and binding tanless you ask for a hearing within 60 days.
on One
'Vatiawl
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/fixture owners) should notify the Division of Mater Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any fixture correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respec
Eric W. Kulz
Environmental
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Tom Horstman - Town of Cary
One
No thCarolina
,1Vatlmrally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
-, CO stem
an lem
PROGRAM
February 1, 2006
Todd Preuinger
Withers R Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
R46C,61,
Feo 11Ft)
di 06
thers ???6
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 die 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 .
Peruhit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of tlhe 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you die impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and die U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely, ?p
illiam D. Gilmore, PE
irector
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Rutorigg... ... Prot", oar Sta&
®TA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN-19-06 12:44 FROM-M/I Homes of Ralei¢h, LLC 9198280663 T-125 P.002/002 F-796
ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign..Form
Project Name: _C?-AIS a` r'?( AJo" IVZ-3 ' -
Property Owner/Contract Purchaser: ?? At5?S
Address: / ,Sa o ,S?.wbhy .?-- • .,.tea /(3 (e-4L&wA N C- 2.1(a07
Phone: <<o
Fax: t,) Z I/ - 38/9
Email: ?c ?d?-?••? •Hi
I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: r D
(si e)
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1. WETLANDS DELINEATED BY S&EC AND SURVEYED
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BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
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X10THER5 &V RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
March 23, 2oo6
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
®:3 - C) 3
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements
404/4o1 Request v
W&R Project Number - 205228.0 U D
' Aft 2 a 2006
-, DE
Dear Mr. Matthews and Ms. Karoly,
`??c -TANDSAI w?TEHQu
is - t
"DSTC'1'4TEr? o ,,
On behalf of the Town of Cary and M/I Homes, we are requesting authorization rfrf?r#1i
the USACE to use NWP 14 and 4o1-certification from the NC-DWQ for the installation
of a roadway.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be'un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed 'Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3•
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ft2) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
stream channel. Included with the attachments is a memo from the Project Engineer
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: [phone]o19
detailing our efforts to minimize impacts to the stream channels and wetlands within
the proposed alignment. Because the wetland impacts exceed o.1 acres, the
applicant proposes payment to the NC-EEP to satisfy mitigation requirements. A
copy of the acceptance letter from the NC-EEP is included with the attachments. We
do not believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter
Office Use Only:
USACE Action ID No.
DWO No.
Fonn Vcrsion March 05
V1 0310330
(If any particular item is not applicable to this project, please enter "Not Applic
1. Processing
MM 2 J 2006
DENR - WATER QUALITY
Check all of the approval(s) requested for this project: V?EU@StJ@STUz!SIVATEfzBRN4CH
® 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 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreunin er e,withersravenel.com
Pagel 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 infonned that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, ctc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Ri hg t.
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): 35.8048778 ON 78.9030499 °W
6. Property size (acres):
7. Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://Ii2o.enr.state.ne.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 is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thorouehfare that will realien Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the construction of the roads.
11. Explain the purpose of the proposed work: The realignment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
1V. Prior Project History
If jurisdictional detenninations 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 pennits,
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 pennits issued for prior segments of the same T.I.P. project, along with
construction schedules. Previous segments of Green Level to Durham Road may have
required
404/401 pen-nits; however, Withers & Ravenel was not involved with the permitting for these
segments. Pre-application meetings were conducted with Mr. Monte Matthews of the USACE
on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted by Soil
and Environmental Consultants and site visits were conducted by the USACE to review the
delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance detennination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an intennittent/perennial stream
determination on February 1, 2006 and determined that the stream is intermittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE and the
NC-DWQ to discuss pennitting issues associated with the proposed thoroughfare. During this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility_(i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered_
cumulatively with the adjacent 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.
N/A
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
Page 3 of 9
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10,585square feet of jurisdictional wetland impact.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns,
separately list imoacts due to both structure and floodint?.
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)
( es/no) linear feet)
IA Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
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 lenuth X width. then divide by 43.560.
Stream Impact
or Average Impact Area of
Number Stream Name Type of Impact Iternitte ntermitte
nt? Stream Width Length Impact
(indicate on ma) Before Impact linear feet (acres)
213 UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
313 UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
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
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
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.
NA
S. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the proposed ali nng icnt.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1 .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://li2o.enr.state.ne.us/ncwetlands/strm,gide.litinl.
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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A copy of the EEP acceptance letter is included
with the attachments.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
Y.
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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of ]mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
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. NA- Linear project.
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.
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 pen-nit 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://h2 o.enr.state.nc.us/ncwctlands. If no, please provide a short narrative description: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
bring additional growth to the area outside of what would normally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
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).
2Z -
tlpplicatlt/Agent s Sigltatll e 0 D Ite
(Agent's signature is valid only if an a ization letter from the applicant s provided.)
Page 9 of 9
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111 MacKenan Drive Cary, North Carolina
telephone: [phone] www.withetsravenel.com - y• •000
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JAN-19-06 12:44 FROM-M/1 Homes of Raleigh, LLC 9198280663 T-125 P.002/002 F-196
ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorization. Form
Project Name: G Also F ps ( AJOIA 64-" 'VZ-3 .j 'r ? -
I 90
Property Owner/Contract Purchaser: _ 1c??>
Address: / 5Z:?o ,s..w d?4y ti ?. via //3 24C&wN •y z1 07
Phone. b 2-1b - !!D G
Fax: (2rt) Z g ! - 380
Email: 4! ???-6d
I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: '?' , D
-7- f
(si e)
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger - Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
... AA-v--n.;- r- n? nti rte. i; •01.,,... ,.4.. v,,...,.,. ,.4, c....Q ....- .,+tie.?.,„0 01 .....,
V A
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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
Division of Water Quality
Mr. Todd Preuninger
Withers & Ravenel
I I I MacKenan Drive
Cary, NC 27511
--9-1 VF?
February 3, 2006
F . 0 71006
Withers
& Ra veneB
MUM 06-003
County: Wake
INTERMITTENT/PEIIENNIAL (I/P) STREAM DETERMINATION
Project Name: Gabel Farms Thoroughfare - Cary
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Determination(s): 2/1/06
Feature UP Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Stream Form.

This on-site deterutination shall expire five (5) years front the date of this letter. Landoivalers or affected parties
that dispute a deternunation trade by the DIVQ or Delegated Local stay request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing clo C},ndi Karoly, D IVQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-clay statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recotntnends
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 /tearing, send a written petition, which conforms to Chapter 150B 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.
NCarolina
AoathtrrrallY
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning arty fixture correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Arnsy Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Eric W. Kulz
Environmental
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Toni Horstman - Town of Cary
One
No thCarolina
Natltl'llilf
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Y
--, cos stem
PROGRAM
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
RFc,6111
Fie 464C)
di 06
thers ??06
? Ra?ene/
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for sir months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 David Robinson at [phone].
Sincerely,
illiam D. Gilmore, PE?
irector
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
kutorlktg... E ... Prot"' of tr stag
ATRA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN-18-06 12:44 FROM-M/I Homes of Raleigh, LLC 8188280663 T-125 P.002/002 F-186
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatipn.rorm
Project Name: -G-AM-6-1- rvf r ?S ( AJa"
Property Owner/Contract Purchaser: _ ?? itt9S
Address: / Sa 0 5, L ,c.- . ?.,,. via /(3 ?C&wN '-JC_ Z14.07
k.J
Phone. `a 2-6 -1/ G
g1 z II - .38/9
Fax: _-? ,
Email: .?-t••? ,Hi ?v.?•6d-
I hereby grant Withers and Iiavenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: '?e -,-r aa?? Date: D
(si e)
PIA,
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WITHERS k-`- RAVENEL ? i
rNalv.,ec I VI ANN ?uuv.rue•. ? (iC(Yrfl 1.1?C(J??, I ,
111 MacKenan Or we Cary, North Carolina
telephone: [phone] vvvrn.withersraveneLcom
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR. I ?A::l
1 /NCH 50 fCn
Note: See Overall Wetlands Impact Map For Area Location GRAPH /C SCALE
WITHERS & RAVENEL FIGURE 3 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS I SURVEYORS
M-....tee c.r,r.mc..u.nsn Ir:919?Saw t..:919J6)6001 u..««.ron CARY WAKE COUNTY NORTH CAROLINA
1 N/F
M/I HOMES, L.L.C.
o Al PIN 0724771945
0
II? 33S
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N ^\ 554 SF
\ 294 LF
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(CULVERT TO BE SET 1.0' BELOW I I t{? 1
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
I INCH - 50 FEET
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 2 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE t
ENGINEERS I PLANNERS I SURVEYORS
M M. K- D c.r,,r,o,m c...r.,. 175n ,.I: W9-9-a r..: 2,o-.67s .,.....wpm«,.n....,.. CARY WAKE COUNTY NORTH CAROLINA

N/F \
JOHN WIELAND HOMES
*
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AND NEIGHBORHOODS ? 1
OF THE CAROLINAS, INC.
(SOUTHRIDGE S/D) `, 1 1
_ PIN 0724894486
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M/1 HOMES, L.L.C. k
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED D
BY WITHERS & RAVENEL, INC. f? a? 3 DATE: NOVEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 2006 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR. L)Efvr; - ;ygLLrt 4U ?LIT1'
14-CTL+ND3AN3STCrf.;'tATE
K ER+ r1;CH IINCH - so fccT
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 1 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS I SURVEYORS j
m M.c"4 D. , G..y. h c .fi . nsn ,a: 91s. uw ,..:9 577 0e ... .n«.. «w m CARY WAKE COUNTY NORTH CAROLINA
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WITHERS ?' W A VEN ELim
ENGINEERS I PLANNERS I SURVEYORS
March 23, 2006
US Army Corps of Engineers
Attn: Mr. Monte Matthews
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Ua U3-0330
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements ((22 ??/]
404/401 Request
W&R Project Number - 205228.0
MAC 2 3 2.006
Dear Mr. Matthews and Ms. Karol y r `1 pENti vrtiTLap C1 %+LiTY
?p +DS N@ STGR,?NwTER S" NC
Y
On behalf of the Town of Cary and M/I Homes, we are requesting authorization from
the USACE to use NWP 14 and 401-certification from the NC-DWQ for the installation
of a roadway.
The proposed thoroughfare is located in Cary, approximately 110o feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 1600) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be 'un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: 06003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed 'Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3.
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ft2) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
stream channel. Included with the attachments is a memo from the Project Engineer
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone] i www.withersravenel.com
7040 Wrightsville Avenue i Suite 101 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1r27 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: [phone]
detailing our efforts to minimize impacts to the stream channels and wetlands within
the proposed alignment. Because the wetland impacts exceed o.1 acres, the
applicant proposes payment to the NC-EEP to satisfy mitigation requirements. A
copy of the acceptance letter from the NC-EEP is included with the attachments. We
do not believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter
Office Use Only: \1 9-1 Form Version March 05
USACE Action ID No. DWQ No. v 03 - Q . 53 O
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project: '
® Section 404 Pennit ? 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 Pen-nit Number(s) Requested: NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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: ?
IL Applicant Information
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreunin er withersravenel.com
Pagel 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: Green Level to Durham Road Improvements
T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Ri Thy t.
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): 35.8048778 ON 78.9030499 °W
6. Property size (acres)
N/A
7. Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(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 is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
NA
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroughfare that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the construction of the roads.
11. Explain the purpose of the proposed work: The realignment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
IV. Prior Project History
If jurisdictional deterninations and/or pen-nits 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 pennits issued for prior segments of the same T.I.P. project, along with
construction schedules. Previous segments of Green Level to Durham Road may lave
required
404/401 permits; however, Withers & Ravenel was not involved with the permitting for these
segments. Pre-application meetings were conducted with Mr. Monte Matthews of the USACE
on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted by Soil
and Environmental Consultants and site visits were conducted by the USACE to review the
delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance determination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an intennittent/perennial stream
determination on February 1, 2006 and determined that the stream is intennittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE and the
NC-DWQ to discuss permitting issues associated with the proposed thoroughfare. During this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent 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.
N/A
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
Page 3 of 9
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10,585square feet of jurisdictional wetland impact.
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 floodinu.
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)
1 A Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Eniergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
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 acreaue, multiply lencth X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
(indicate on ma) Interm
ittent? Before Impact linear feet acres
213 UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
313 UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
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. dreduinu. floodine. drainage. bulkheads. etc.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) e) Type of Impact (lake' pand 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
6. List the cumulative impact to all Waters of the U.S. resultinc from the nroiect:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
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 detennined to be isolated by the USACE.
NA
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the proposed alignment.
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
littp://h2o.eiir.state.ne.us/iicwetIands/stnii.p,ide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation 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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A cony of the EEP acceptance letter is included
with the attachments.
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 detennine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wtp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
Y.
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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multiuliers.
I I Zone* Impact Multiplier Required
(sauare feet) Mitication
I 1 I NA 13 (2 for Catawba) I NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
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. NA- Linear project.
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.
NA
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 pen-nit 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.cnr.state.nc.us/ncwetlands. If no, please provide a short narrative description: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
bring additional growth to the area outside of what would normally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
1V. 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 Si;;natu e U
(Agent's signature is valid only if an a ization letter from the appl
22 -2av4
provided.)
Page 9 of 9
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JAN-18-06 12:44 FROM-M/I Homes of Raleiah, LLC 8188280663 T-125 P.002/002 F-786
ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorization Form
Project Name: (?AJo1-4 (n ? 4i, ? -
Property Owner/Contract Purchaser: ItS5
Address: /Sao (CAL-&T-CIA N C- Z11007
Phone:
Fax: -(2Q) 211 -3819
Email: vu 5b?7.•? •e1 i L4..-6d-
I hereby grant Withers and Itavenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: D
(si e)
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger -Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with'design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the Horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
... AA-v.- n•i..o ran. ion. k r- n- -- fol.- ..4n -- F-- n4, r-Q -.nu -
I
W A ?Q?
? r
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
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
-" v?®
February 3, 2006
FEB 0 ? 1006
Withers
& Ravenei
IPRRO 06-003
County: Wake
INTERMITTENT/PERENNIAL (I/P) STREAM DETERMINATION
Project Name: Gabel Farms Thoroughfare - Cary
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Determination(s): 2/1/06
Feature I/P Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Stream Form.

This on-site determination shall expire five (5) years front the date of this letter. Landowners or affected parties
that dispute a determination made by the DIVQ or Delegated Local tray request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly, DIVQ
WetlandsI401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You roust act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start « tail the
affected party (including downstream and adjacent landowners) is notified of this decision. DIVQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made in a timely
tnattner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Alail Service Center, Raleigh, N. C. 27699-6714.
This determination is final and binding nmess you ask for a hearing within 60 days.
NorthCarolina
Alatunilly
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any fixture correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Tom Horstman - Town of Cary
One
N,,,,o,((thCarolina
?/V!ltill 71/11,/
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Y
-COS
stem
a e eni
PROGRAM
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
RFC,6?1/F
Pee 0 6 ?
w;th ZOp6
ers 4-
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If ive have not received a copy of the issued 404 .
Pertnit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you die impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 David Robinson at [phone].
Sincerely,
illiam D. Gilmore, PE
irector
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
RutOriptg... ... Prot-", Oar State
??n
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN-18-06 12:44 FROM-M/I Homes of Ralaiah, LLC 8188280663 T-125 P.002/002 F-786
, . , ' ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign.Torm
Project Name: G AID -L F''ti'<^^'?.S ( AJO64 ?Si.-3 NZ' ? -
Property Owner/Contract Purchaser: _? ?etSrS
Address: / S?0 5, dt?1 L,t.- , _S _,A.& /(3 IZA &T&A .v r- 211-07
Phone:
Fax: ( r Z 31 - 380
Email: rucx.•? ,O ,•Ni //+7?.-?>3"----
I hereby grant Withers and Ttavenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: l i /,9 (si e)
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.

Note: See Overall Wetlands Impact Map For Area Location I INCH - 50 FEET
GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 3 - WETLAND AND BUFFER IMPACTS
GAB EL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS 1 PLANNERS ( SURVEYORS
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR. I
I INCH - 50 FEET
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 2 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS I SURVEYORS
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: NOVEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
1 INCH - 50 ftET
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 1 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS 1 PLANNERS I SURVEYORS
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WITHERS & RAVENEL, INC.
27619
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
032306a 3/23/06 0028673 475.00 0.00 0.00 475.00
NC DENR-DWQ
Totals 475.00 0.00 0.00 475.00
CCBCheckin 1 NCWATER