19951140 Ver 1_COMPLETE FILE_19960822

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary p F= H N
A. Preston Howard, Jr., P.E., Director
October 18, 1996
Wake County
DWQ Project # 951140
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Eric Tillett
Tillett Development Co.
6729 Falls of the Neuse Road
Raleigh, NC 27615
Dear Mr. Tillett:
You have our approval to place fill material in an additional 1.008 acres of wetlands or waters for the
purpose of constructing a residential development at Arbor Creek subdivision, as you described in your
application dated 22 August 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3022, 2732 and 2671. These certifications allow you to use
Nationwide Permit Numbers 12, 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. Deed restrictions shall be added to all remaining wetlands to
prevent future wetland fill especially those near lots 8, 43, 44 and 45. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
(___ 4y
es yon Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
3?bn Dorney i
entral Files
Chris Huysman; Soil and Environmental Consultants
951140.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycledtl0% post consumer paper
MEMORANDUM PRINT NAMES:
Reviewer-
T0: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *%'_*
PERMIT YR: 95 PERMIT NO: 0001140 COUNTY: WAKE
APPLICANT NAME: ARBOR CREEK SUBDIVISION
PROJECT TYPE: RESIDENTIAL DEV PERMIT
TYPE: N142612
COE #: -
DOT #:
RCD_FROM _CDA: APP DATE
FRM
CDA: 08/22/96
REG OFFICE: RRO _
_
RIVER AND_SUB_BASINJ: 030403 STR_INDEX N0: 27-43-15 -(1)
STREAM-CLASS: B
WL_IMPACT?:&N
WL_REQUESTED : ?-
WL_SCORE M : t
MITIGATION? : Yk\
WL_TYPE: N wad
WL_ACR_EST? :&N
WATER IMPACTED BY FILL? O/N
MITIGATION_TYPE : ?J64
MITIGATION_SIZE: U/A DID YOU REQUEST MORE INFO?: Y/6
IS WETLAND RATING SHEET ATTACHED? ON
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:`J N
RECOMMENDATION (Circle One): ISS ISSUE/CO DENY
COMMENTS:
- The RRO recommends issuance of this permit with the following
rconditions. First, the wetland area comprising Site #1 (stretching
- from the back of Lot #43 to behind Lot #8) should be place under
.deed restriction. Second, the impacts requested for sewerline
installation in the rear of Lot #51 under NW 26 should include the
condition of returning this impacted wetland area back to original
wetland contours as is required under NW 12. Third, deed
restrictions should also be placed on wetland areas behind Lots# 44
and #45. Remaining wetlands on this project site are either in or
immediately adjacent to the 100 year floodplain and will not likely
- be developed. In addition to these conditions, the RRO would like
_ further justification regarding the need to fill wetland areas
immediately adjacent to and in the proposed stormwater channel.

:C: Regional Office
Central Files
Project na e Lil
County gt?
Dame of evaluator
Nearest road
area 0 acres Wetland wid
- Date
eet
jCq
Wetland type (select one)*
? Bottomiand hardwood forest ? Pine savanna ? Bog forest
„Headwater forest ? Freshwater marsh = ? Bog/fen
? Swamp forest ? Estuarine fringe forest ? Seep
? Wet flat ? Ephemeral wetland ? other
? Pocosin ? Carolina Bay
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
' Water storage x 4.00
Wetland Score
Bank/Shoreline stabilization x 4.00
Pollutant removal x 5
00
.

Wildlife habitat
x 2.00 <:, r

Aquatic life value x 4.00

- - Recreation/Education x 1
00
.
:v ' Add 1 point if in sensitive watershed and > 10% no npoint disturbance within 1 /2 mile upstream, upslope, or radius

Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
95140
August 22, 1996
NCDEH&NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Alsmeyer and Mr. Dorney:
US Army Corps of Engineers
Attn: Mr. Eric Alsmeyer
6508 Falls of the Neuse Rd., Suite 120
Raleigh, NC 27615-6846
RE: revisions to:
Action ID: 199504214
DEM: 951140
P? No f
. ?4 a
N
The purpose of this letter is to request additional impacts under existing Nationwide Permits (NW)
12, 14 and 26, and a Section 401 Water Quality Certification for the proposed Arbor Creek
Subdivision. The project is located near Holly Springs, NC (Wake County) as shown on the
enclosed plans, and USGS Topo Quad vicinity map.
The wetland delineation, as shown on the plans, has been approved by Mr. DeRosa and Mr. Eric
Alsmeyer of the U.S. Army Corps of Engineers; a copy of the jurisdictional determination is
appended. The project is approximately located at Lat. 78-50'57"N and Lon. 35-42'1"E.
Fill in wetlands will be required to construct private residences, roads and utility lines as part of the
infrastructure for a residential development. It will be necessary to impact a total of 0.404 acres
(see map) of jurisdictional wetlands above headwaters for placement of some of the proposed
infrastructure under NW 26. Wetlands within the floodplain of Middle Creek are adjacent to and
below headwaters; they will not be impacted by the current site development plan. The attached
impact map contains data relevant to wetland impact sizes and locations. Approval of this project
will result in impacts to channel and headwaters forested wetlands types.
Please call if you have questions or require further information. If you intend to perform a site
visit please call and we will arrange for someone to accompany you.
Cerely,
topher ?ysmarn,
cc: (with enclosures) USF&WS
N.C. Cultural Resources
DWQ Raleigh Regional Office
National Marine Fisheries Service
Soil/Sitc t?valuation E Mapping and Plwsi? :?l hnalvsis i Wclian<l,, Mapping ;Intl mitigation ¦ 1?11vironnicrlt.;l AlId tr-
<)n-Sits Wl"a Ic "l rc atu??.?nt Systc°n;s. I"valuation and Design
DEM ID: 951140 ACTION ID: 199504214
Nationwide Permit Requested (Provide Nationwide Permit #):12,14, AND 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: TILLETT DEVELOPMENT COMPANY, ATTN: ERIC TILLETT
2. Owners Address: 6729 FALLS OF THE NEUSE, RALEIGH NC 27615
3. Owners Phone Number (Home): (Work): 919-676-1857
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: WAKE COUNTY, NC
Nearest Town or City: HOLLY SPRINGS, NC
Specific Location (Include road numbers, landmarks, etc.): EAST OF NC 55 AND SOUTH OF SR 1301
ALONG MIDDLE CREEK. AS PER ATTACHED APEX, NC, USGS TOPO QUAD, AND PLANS
6. Name of Closest Stream/River: MIDDLE CREEK
7. River Basin: NEUSE RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( X ) NO ( ) If yes, explain. SEE FILES; ID NUMBERS ABOVE.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
+10
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
NW12 NW14 NW26
Filled: 0.117 AC. 0.404 AC.
Drained:
Flooded:
Excavated: 0.487AC.
Total Impacted: 0.487 AC. 0.117 AC. 0.404 AC.
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
CONSTRUCTION OF INFRASTRUCTURE FOR PROPOSED AND EXISTING RESIDENTIAL
DEVELOPMENT
13. Purpose of proposed work:
CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
WETLANDS CROSSED PERPENDICULAR TO FLOW AND SEWER CONSTRUCTED TO MINIMIZE
IMPACTS ADJACENT TO/ AND BELOW HEADWATERS
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( X ) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? FORESTED AND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
Agent's Signature Date
VICINITY MAP/,>-
APPROXIMATE LOCATION OF
ARBOR CREEK SUB-DIVISION
APEX, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
1 ` ?J 111
13
LOp
I
350
MattheV
I I .. /
55
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? Oyu 4g!?? \?? i G' ? •. ,/
w:-350
I
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Felton vi le.. /C
Cem! \ Trailer
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30
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71
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: County: k1af
Notification of Jurisdictional Determination
Property own ruthnrized-gent oE r;, -Fi Ile
Address 67x9 115 -eV Aerie JW
Telephone Number
Size and Location of Property(waterbody,Highway, /name/number, Itown, etc.) J?
o .-5 e J , r 6e e !Z°s iktbd Su p?/t// Slo?? QOt J,t r ? ?o /M r' Ae ?E'k l elri- v f2 ?l?iX1
Fast e A'ss. 501(6 W g SPJ(?4Ke 1#4 /I 6rI d-11ollii AIC
Indica e Which of the following apply:
©There are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
ause of the size of your property anct our pr zt ueiinea ur
wetlan not be accomplished in a timely manner. You may wish consultant to obtain a
more timely de ine ' he wetlands. Once as flagged a wetland line on the property,
Corps staff will review it, and, i we strongly recommend that you have the line surveyed for
final approval b s. he Corps will not ma a dictional determination on your property
wWiwk-aff approved surv
e wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from t4e`date of this notification.
are no
it
require ns of Section 404 of the Clean Water Act (33 USC 134 es ere is a change in the law
upon for a period not to exceed three years
or our publish e ons, this determination til-
from the date of this notificati
The Gated in one of the 20 Coasta You should contact the nearest State Office of
ato determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
ersregulatory Aprogram, please contact
questions regar ing the Corps of En gin(
/Y1 P. l S ?ZP?I ! ?l ei Q 64? at Q 7( - g ? Px a3, ('
P uthorized Agent ignature
Project Manager Signature
Date Gt L Expiration Date
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CE-SAW Porn SiA
1ocrW
I
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
August 22, 1996
NCDEH&NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
US Army Corps of Engineers
Attn: Mr. Eric Alsmeyer
6508 Falls of the Neuse Rd., Suite 120
Raleigh, NC 27615-6846
Dear Mr. Alsmeyer and Mr. Dorney:
RE: revisions to:
Action ID: 199504214
DEM: 951140
The purpose of this letter is to request additional impacts under existing Nationwide Permits (NW)
12, 14 and 26, and a Section 401 Water Quality Certification for the proposed Arbor Creek
Subdivision. The project is located near Holly Springs, NC (Wake County) as shown on the
dosed plans, and USGS Topo Quad vicinity map.
The wetland delineation, as shown on the plans, has been approved by Mr. DeRosa and Mr. Eric
Alsmeyer of the U.S. Army Corps of Engineers; a copy of the jurisdictional determination is
appended. The project is approximately located at Lat. 78-50'57"N and Lon. 35-42'1"E.
Fill in wetlands will be required to construct private residences, roads and utility lines as part of the
infrastructure for a residential development. It will be necessary to impact a total of 0.404 acres
(see map) of jurisdictional wetlands above headwaters for placement of some of the proposed
infrastructure under NW 26. Wetlands within the floodplain of Middle Creek are adjacent to and
below headwaters; they will not be impacted by the current site development plan. The attached
impact map contains data relevant to wetland impact sizes and locations. Approval of this project
will result in impacts to channel and headwaters forested wetlands types.
Please call if you have questions or require further information. If you intend to perform a site
visit please call and we will arrange for someone to accompany you.
(Jely,
opher H ysman,
cc: (with enclosures) USF&WS
N.C. Cultural Resources
DWQ Raleigh Regional Office
National Marine Fisheries Service
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
DEM ID: 951140 ACTION ID: 199504214
Nationwide Permit Requested (Provide Nationwide Permit #):12,14, AND 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: TILLETT DEVELOPMENT COMPANY, ATTN: ERIC TILLETT
2. Owners Address: 6729 FALLS OF THE NEUSE, RALEIGH NC 27615
3. Owners Phone Number (Home): (Work): 919-676-1857
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: WAKE COUNTY, NC
Nearest Town or City: HOLLY SPRINGS, NC
Specific Location (Include road numbers, landmarks, etc.): EAST OF NC 55 AND SOUTH OF SR 1301
ALONG MIDDLE CREEK. AS PER ATTACHED APEX, NC, USGS TOPO QUAD, AND PLANS
6. Name of Closest Stream/River: MIDDLE CREEK
7. River Basin: NEUSE RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( X ) NO ( ) If yes, explain. SEE FILES; ID NUMBERS ABOVE.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
+10
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
NW12 NW14 NW26
Filled: 0.117 AC. 0.404 AC.
Drained:
Flooded:
Excavated: 0.487AC.
Total Impacted: 0.487 AC. 0.117 AC. 0.404 AC.
. u`67

12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
CONSTRUCTION OF INFRASTRUCTURE FOR PROPOSED AND EXISTING RESIDENTIAL
DEVELOPMENT
13. Purpose of proposed work:
CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
WETLANDS CROSSED PERPENDICULAR TO FLOW AND SEWER CONSTRUCTED TO MINIMIZE
IMPACTS ADJACENT TO/AND BELOW HEADWATERS
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( X ) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? FORESTED AND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
Agent's Signature Date
VICINITY MAP
APPROXIMATE LOCATION OF
ARBOR CREEK SUB-DIVISION
APEX, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
oo .;BM I \ I \
1303.
boo if
?? x19 hI
O /
r
55 $
4 )? O '•?
_ _5 ?? m II r I I l? _
-? FelWn ve
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Ch 14
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Irk
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em:
/ ?379! 01
•\' (1152 ?, 'i ? _?-- -f? - -
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: I ?'5 County:
Notification of Jurisdictional Determination
Property own r/Auth-L;-e +-gent - 77 l1-?-?-
Address fo7? 9 u ??5 .6 ?- Abe asp 1 o}
le%9114 /t'L J-7615-
Telephone Number 9/9 - 6 6' ?? S 7
4 own, etc.)

irate Which of the following apply:
be are wetlands on the above described property which we strongly suggest should delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
13 ause o the size of your property an our pr a inea ur
wetl not be accomplished in a timely manner. You may wish consultant to obtain a
more timely de me he wetlands. Once as flagged a wetland line on the property,
Corps staff will review it, and, i we strongly recommend that you have the line surveyed for
final approval b s. e Corps will not ma a dictional determination on your property
TEe-wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from t4e`date of this notification.
-mere are no wetianas present on the aoove--uesunueu preperLy wt11cn dic Nuu m; 11111
require of Section 404 of the Clean Water Act (33 USC 134 ere is a change in the law
or our publishe ons, this determination upon for a period not to exceed three years
from the date of this notificati
The r rated in one of the 20 Coasta You should contact the nearest State Office of
astal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a epartment of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regar ing the Corps of Engineers regulatory program, please contact
91
r ?
FYI P. / c S 4?QiI ,? r"Nelf f o (IYtC at 87(- S e W ptsNert w e?thorized Agent ignature
Project Manager Signature C
LIZ
Date c Ftt IV V/ ./177--t> Expiration Date ?,
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CESAW Form 566
I ocr 92
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
O?V
A[4**A
ID F= F1
November 1, 1995
Wake County
DEM Project # 951140
APPROVAL of 401 Water Quality Certification
Tillett Development Company
ATTN: Mr. Eric Tillett
6729 Falls of the Neuse
Raleigh, N.C. 27615
FIL E cob
Dear Mr. Tillett:
You have our approval to excavate material in 0.436 acres and to place fill material in 0.388
acres of wetlands or waters for the purpose of constructing a residential development at Arbor Creek
Subdivision, as you described in your application dated 20 October 1995. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers
3022, 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 12, 14 and 26
when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
f
ton Ho rd, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants 951140.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
• 951 1 y6
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
401 i&SU?E
October 20, 1995
NCDEH&NR-DEM
Attn: Mr. John Domey
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. DeRosa and Mr. Dorney:
US Army Corps of Engineers
Attn: Mr. Brandon DeRosa
6512 Falls of the Neuse Rd, Suite 105
Raleigh, NC 27615-6846
The purpose of this letter is to request Nationwide Permits 12, 14 and 26, and a Section 401
Water Quality Certification for the proposed Arbor Creek Subdivision. The project is located
near Holly Springs, NC (Wake County) as shown on the enclosed plans, and USGS Topo Quad
vicinity map.
The wetland delineation, as shown on the plans, has been approved by Mr. DeRosa and Mr. Eric
Alsmeyer of the U.S. Army Corps of Engineers; a copy of the jurisdictional determination is
appended. The project is approximately located at Lat. 78-50'57"N and Lon. 35-42'1 °E.
Fill in wetlands will be required to construct private residences, roads and utility lines as part of
the infrastructure for a residential development. It will be necessary to impact a total of 0.824
acres (see map) of jurisdictional wetlands above headwaters for placement of some of the
proposed roadways, lots, and utility lines. Wetlands within the floodplain of Middle Creek are
adjacent to and below headwaters; they will not be impacted by the current site development
plan. The attached Impact Table contains data relevant to wetland impact sizes and locations,
and wetland types.
NOTE:
The following individuals/agencies have been provided with a complete copy of this entire
application package: U.S. Fish and Wildlife Service, National Marine Fisheries, N.C. Cultural
Resources, Danny Smith (DEM) and Wilmington Corps (Chief of Regulatory Branch).
Please call if you have questions or require further information. If you intend to perform a site
visit please call and we will arrange for someone to accompany you.
'ncerely,
s Biologist

Kevin C. Martin,
President
cc: (with enclosures) Chief of Regulatory Branch, Wilmington Corps
USF&WS
N.C. Cultural Resources
Danny Smith, DEM Raleigh Regional Office
National Marine Fisheries Service
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
C :::e Waste Treatment Systems, Evaluation and Design
d 1
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):12,14, AND 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: TILLETT DEVELOPMENT COMPANY, ATTN: ERIC TILLETT
2. Owners Address: 6729 FALLS OF THE NEUSE, RALEIGH NC 27615
3. Owners Phone Number (Home): (Work): 919-676-1857
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: WAKE COUNTY, NC
Nearest Town or City: HOLLY SPRINGS, NC
Specific Location (Include road numbers, landmarks, etc.): EAST OF NC 55 AND SOUTH OF SR 1301
ALONG MIDDLE CREEK. AS PER ATTACHED APEX, NC, USGS TOPO QUAD, AND PLANS
6. Name of Closest Stream/River: MIDDLE CREEK
7. River Basin: NEUSE RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, explain.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
+10
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
NW12 NW14 NW26
Filled: 0.106 AC. 0.282 AC.
Drained:
Flooded:
Excavated: 0.436 AC.
Total Impacted: 0.436 AC. 0.106 AC. 0.282 AC.
OCT-20-1995 1134 TILLETT DEVELOPMENT 919 676 9296 P.02
12 Description of ----used work (Attache PLANs$ z/rx ii amwitw only):
IMPACTS FOR PROPOSED RPmWENTI AL DEVELOPMENT, INCLUDING- ROADWAYS, UTILITTES,
AND BUILDING LOTS.
13. Purpose of proposed work
INFRASTRUCTURE FOR PROPOSED RESIDENTIAL DEVELOPMENT, INCLUDING: ROADWAYS,
UTILITIES, AND LOTS
14_ state reasons why the applicant believes that this activity moat be carrisd out in wrd aands_ Also,
note meaww" taken to mirAmiza wetland impacts.
WETLAND CROSSINGS TO HIGHGROLJND ARE P NDICULAR TO FLOW AND WETLANDS
IN FLOODPLAIN NOT DEVELOPED.
15. You are required to contact the US. Fiats and Wildlife Service (USFWS) and/or Natimal Mcrine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened spedaa or aided habitat in the permit area that may be affected by the
proposed project, Have you doses to? YES (X) NO ( )
RESPONSES FROM THE USFM AND/OR NMPS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Pmervation Officer (SHM) regarding the presence
of wNtoric properties in floe Permit area wWcb nay bs 4ffcoed by the proposed projectT Have you dore
so? YES (X) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEK
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. if avp?able, seprvsesstative photog?aplt of wetLmds to be iaspacted by project.
C. If delineation was performed by a consultant, is+dude all data sheets relevant to the
placement of delineation lkw.
D. If at stwMwater ma wCement plan in rs 3&vd for this project, attach copy.
E. What island use of surrossridM9 property? FORESTED AND RESIDENTIAL
F. If applicable, what is proposed =method of sewage disposal? SANITARY SEWER
Owrte-es Sigtta Date
TU. P.G--
JUN-30-1995 12=03 TILLETT DEVELOPMENT
919 676 9296 P.02
TO BE COMMETED BY CURRENT PROPERTY OWNER
-No- CCE?''IIONs-
ar: ?u c.
-7
Address:
Address: Ka.QAC4h NC
Fbmw 6 -7 (a 8,5 -7
Project Name/Dencsiptiom cIrIE=
Date: ?, f??lJ?- 1301 11 1 5
TIw Department of the Army
U.S. Army Corps of Enghveers
Witmbgto n District
PO Box 1890
Wilmw*tm4 NC 28402
Attn: ?-t;f tC< a?ZM & Or
Field Offiecs: Q (? ,
Re: Wetiaitds Related Cori mAlog and Pe t g
To Whoa it may Qmcenu
L the carrent pcqRM owxr, bemby des*m* and oudwatce ScA and Havb= mer"I
C?nsu?lI m Ii bw- to act in slay behaff a; =y agent in the proaessbig of penult
apphc oum s, to fambh Upon r %ueat sappkuierttal h1fam"Acm tm support of
applicad ons, etc, from this day forward. This the _ day of
Thix nobficatioo supersedes my 1reviom ams -? cane ern m the agent for this
project.
Proms Owners Name;
cc: Mr. Jobe Domey
N.C Depeuimea# of Mi & NR
Division of Env. Mgt
Water QUARty Planning
4401 Reedy Creek Road
Raleigh, NC 27607
E[gglft Ownwrs Sigmtnre:
Mr. Kevin C. Malt
Soil and Bnviror?eratal Coda, lac.
s Y
VICINITY MAP
APPROXIMATE LOCATION OF
ARBOR CREEK SUB-DIVISION
APEX, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
350
-Matthaw
Chapel
-- ? --- - 350
_ 0 l ? 11pF• ? ?1?? F
-Belton . ems, ' i r -
Ch
Felton v_11Te' 1 13o--?:?'1
CeT -Trader 1 -
_.._ _ _ __? :? '-?j j ',_t' 1??. O )) •'.a. I . _ _ -. ' .? Pack ?:? \ ?`
59 \
?•\2) ? ? /,,"op ? •? t1? , Vim' ;,
'! r
_J ? .. .y'? )? f? • ?' I;- ?`, , r,'r _ (1301 •?\'.'
? ??
)
?:-rj.? ?%-:` -- \ll? Z9•? / / ^\`-\V/'il ?f'1 ?j; i \ I? \ - ?.v O ?! ,l,";?
3
\J I?l 0
?`J i lp?/
45
a ?
IMPACT TABLE
ARBOR CREEK SUBDIVISION
IMPACT (FROM MAP)
2170 SQFT.
400 SQFT.
4800 SQFT.
2480 SQFT.
3900 SQFT.
3502 SQFT.
1500 SQFT.
725 SQFT.
3016 SQFT.
5000 SQFT.
500 SQFT.
3400 SQFT.
4567 SQFT.
NATIONWIDE PERAHT
14
12
12
14
12
26
12
26
26
12
26
12
26
WETLAND TYPE
CUT - HEADWATER
FOREST
„
„
„
„
„
„
„
TOTALIMPACT
35960 SQFT.
OR 0.824 ACRES
NATIONWIDE 26 0.282 ACRES
NATIONWIDE 12 0.436 ACRES
NATIONWIDE 14 0.106 ACRES
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: NCounty: k1fi /c
Notification of Jurisdictional Determination
? Property own r/Authorized Agent 71 Ile -7-
Address L7?9 FA ks .8 f /"QUse ?t
1s-
Telephone Number 9/9 ' 6 7 6' l 5
Size and Location of Property(waterbody, Highway name/number, town, etc.) ` L / l
/'o v5 ed haer G-e a l?siGle?,¢ial Su??il?%Sion ? 1? o ?t ?C /? . OP acv ? ")
c°as? a ? ?l ?S. socc? o?' sib l3D SKi?s?Lu 6rJ?o???l •Srri1 ?'
Indicate Which of the following apply:
?koThere are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
size of your
A be accom,
more timely de in
Corps staff will review it,
final approval bpi haCar
led in a timely manner. You
wetlands. Once voimcensuit-,
Lisa we strongly recommend
Corps will not ma a dictio
consultant to obtain a
i a wetland line on the property,
it you have the line surveyed for
determination on your property
he wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from the date of this notification.
re are no wet an s presen on e above u e mit
75astal ire of Section 404 of the Clean Water Act (33 USC 13 ere is a change in the law
ur publishe ns, this determination upon for a period not to exceed three years
the date of this notificati
)(The r ' cated in one of the 20 Coasta . You should contact the nearest State Office of
Management to determine their requirements.

Placement of dredged or fill material in wetlands on this property without aDepartment of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regar ing the Corps of Engineerss? regulatory program, please contact
! S ?1Zf? ?A/ej , o UY' eat A p 7?C-
/}?r,
IF1-6 /T/
<?A
P uthorized Agent ignature q?? C?4?o-S?tC C
Project Manager Signature
67
Date 7Gi . d7--' Expiration Date
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CF-SAW Form 5fA
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph 919/846-5900
DATA FORM
ROUTINE WETLAND DEf M IINATION It
(1987 COE Wetlands Delineation Manual)
Project/Site: r-kV )Or C'--2Q?4, Dabe: 9S
Applicant/Owner. County:
Investigator. State: &
Do Normal Circumstances exist on the site? 6ZNo Community ID:
Is the site significantly disturbed
(Atypical Situation)? Y ransect ID:
Is the area a potential Problem Area? Y Plot ID:
(If needed, explain on reverse.)
VEGETATION
Stratum Indicator
M t FAk"
Oulu
8.
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY -41;zl
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth to Surface Water: (in.)
Depth to Free Water in Pit (in.)
Depth to Saturated Soil:- (in.)
NOT W e7Z?WtO ---
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name _
(Series and Phase): J (:5V Drainage Class:
`. ' ` Field Observations
Taxonomy(Subgroup):?`G W C?W\? Confirm Mapped Type? es o
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
ins. Horizon Mansell Moist (MansellMoist) Abundance/Contrast Structure etc.
_ ?A S1(? t I CON1
_ off-
Hydric Soil Indicators:
N' Histosol 3 1 Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streal: °ag in Sandy Soils
Aquic Moisture Regime Listed on Locai. 'vdric Soils List
Reducing Conditions Listed on Nationa. ' vdric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes (Circle
Hydric Soils Present? Yes o Yes
Remarks:
Gxmwn TOC6
# a\-1
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph. 919/846-5900
DATA FORM
ROUTINE WETLAND DKI MM NATION
(1987 COE Wetlands Delineation Manual)
Project/Site:- nC>V_"e'_0_6_ _ Date: 5I A L3 'ZS,
Applicant/Owner. County: Z
Investigator. State:
Do Normal Circumstances exist on the site? (SNo Community ID:
Is the site significantly disturbed
(Atypical Situation)? Y Transect ID:
Is the area a potential Problem Area? Y N Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1?Jt`L» ? P??? -Ll
2(? ? h i1??l3KY?
4. li T?3?1
5.
6.
7.
8.
In cator Dominant Plant Species
9.
Q 10.
11.
_ 12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). ?cn
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth4Surface Water: U?? ?0 (in.)
Depth to Free Water in Pit: _n_(in.)
Depth to Saturated Soil 0 (in.)
Wetland Hydrology Indicators:
Primary Indicators:
y Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
? Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
,.amarks:
SkQc( ak)10 Wi-
`Cj 1
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph ' 919/846-5900
DATA FORM
ROUTINE WETLAND DE1 MMINATION ,
(1987 COE Wetlands Delineation Manual)
Project/Site: !?y? Gf Q Date: Applicant/Owner. County: (A)OJ Q
Investigator. State:J
Do Normal Circumstances exist on the site? 0 No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Y 1D:
Is the area a potential Problem Area? Y @Transect
Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant 5p
7. '
8.
Stratum Indicator
bm 4
?1{
fd& V
Tom`(
0
Dominant Plant Species
9. --
10.
11.
12.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding PAC-).
Remarks: \-? =
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth to Surface Water. (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil:- ?(in.)

Wetland Hydrology Indicators:
Primary Indicators:
Inundated
-'/?Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Second Indicators (2 or more required):
v Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Stratum Indicator
Remarks:
SOILS
Map Unit Name
(Series and Phase): Drainage Class: d4 1v
Field Observati bns
Taxonomy(Subgroup)?I(G l.C bVICL (u'MAl1 T Confirm Mapped Type?? No
Profile Description:
Depth Matrix Color
Horizon unsell M ' t
Mottle Colors Mottle
(MunsellMoist) Abundance/ Contrast
Texture, Concretions,
Structure etc.
r? ?1
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime isted on Local Hydric Soils List
Reducing Conditions " Listed on National Hydric Soils List
-ISGleyed or Low-Chroma Colors Other ObTlain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? (No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? 9 No AQ?Kcle)
Hydric Soils Present? No Y No
Remarks: