20071503 Ver 3_401 Application_20091109

stantec
November 2, 2009
Stantec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: [phone]
Fax: [phone]
Lia Myott Gilleski
NC Division of Water Quality
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604
Dear Lia Gilleski:

Please find the attached revised Pre-construction Notification (PCN) and supporting documentation to apply
for a Nationwide Permit (NWP) No. 39 for Phase II of the Parkside Town Commons Development for the NC
55 Roadway Improvements in Cary, NC.
As you are aware, the Parkside Town Commons Development (Phase 1) has already been permitted with
NCDWQ (#EXP 07-1503) and USACE (#2005-21328 and 2007-04171). A 401 certification was issued on
April 30, 2009 and a 404 permit was issued on June 14, 2009 for Phase H. Changes to the crossings were
made based on NCDOT comments which resulted in an additional 11 feet of permanent perennial stream
impact. In the original application, one crossing (O'Kelly Stream Impact #1) had a permanent impact of 11
linear feet associated with a culvert extension. This impact has now been shortened to 8 linear feet. Another
crossing (O'Kelly Stream Impacts #2 & #3) had a temporary impact of 35 linear feet related to the installation
of a new inlet structure and endwall on either end of the existing pipe. The headwall was not approved by
NCDOT and a culvert extension of 14 feet (permanent impact) is now required at that location. Temporary
impacts are no longer present at Stream Impact Site #3. The total impacts onsite for Phase II are now 22
linear feet of perennial stream channel.
As requested by USACE, the impacts are being mitigated at a 2:1 ratio. The NC Ecosystem Enhancement
program has approved the project for mitigation credit purchase. The NCEEP approval is attached to this
letter.
The attachments contain the revised PCN form, revised roadway and impact area map for O'Kelly Chapel
Road, and the NCEEP approval acceptance letter. Please contact me if you have any questions.
Sincerely,
5 STANTEC CONSULTI SERVICES INC.
Amber L. Coleman, LSS, PWS
Scientist
Tel: [phone]
Fax: [phone]
[e-mail]
LE31 .
NO V 3 2009
WETLANDS AND STOR1AWATER BRANCH
Attachment: 5 copies revised PCN form and NCEEP acceptance letter
5 copies revised 11x17 roadway plans sheet and impact map
2 copies revised full size plan sheets (roadway and impact map)
to tec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: [phone]
F : [phone]
November 2, 2009
Lia Myott Gilleski
NC Division of Water Quality
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604
Dear Lia Gilleski:
Please find the attached revised Pre-construction Notification (PCN) and supporting documentation to apply
for a Nationwide Permit (NWP) No. 39 for Phase II of the Parkside Town Commons Development for the NC
55 Roadway Improvements in Cary, NC.
As you are aware, the Parkside Town Commons Development (Phase 1) has already been permitted with
NCDWQ (#EXP 07-1503) and USACE (#2005-21328 and 2007-04171). A 401 certification was issued on
April 30, 2009 and a 404 permit was issued on June 14, 2009 for Phase 11. Changes to the crossings were
made based on NCDOT comments which resulted in an additional 11 feet of permanent perennial stream
impact. In the original application, one crossing (O'Kelly Stream Impact #1) had a permanent impact of 11
linear feet associated with a culvert extension. This impact has now been shortened to 8 linear feet. Another
crossing (O'Kelly Stream Impacts #2 & #3) had a temporary impact of 35 linear feet related to the installation
of a new inlet structure and endwall on either end of the existing pipe. The headwall was not approved by
NCDOT and a culvert extension of 14 feet (permanent impact) is now required at that location. Temporary
impacts are no longer present at Stream Impact Site #3. The total impacts onsite for Phase II are now 22
linear feet of perennial stream channel.
As requested by USACE, the impacts are being mitigated at a 2:1 ratio. The NC Ecosystem Enhancement
program has approved the project for mitigation credit purchase. The NCEEP approval is attached to this
letter.
The attachments contain the revised PCN form, revised roadway and impact area map for O'Kelly Chapel
Road, and the NCEEP approval acceptance letter. Please contact me if you have any questions.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Amber L. Coleman, LSS, PWS
Scientist
Tel: [phone]
Fax: [phone]
[e-mail]
Attachment: 5 copies revised PCN form and NCEEP acceptance letter
5 copies revised 11x17 roadway plans sheet and impact map
2 copies revised full size plan sheets (roadway and impact map)
Office Use Only:
Corps action ID no.
:...:................
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
® 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information

2a.
Name of project: NC 55 Roadway Improvements (Parkside)
Previous - Phase I: Parkside Town Commons (previously known as Teer NC 55
Development)
2b. County: Wake
2c. Nearest municipality / town: Cary
2d. Subdivision name: roadway improvements associated with Parkside Town Commons
2e. NCDOT only, T.I.P. or state
project no: n/a
3. Owner Information
3a. Name(s) on Recorded Deed: KRG/PRISA II Parkside, LLC c/o Kite Realty Group

3b.
Deed Book and Page No. Book: 12336, Page: 1739
Book: 12360, Page: 2055
Book: 12716, Page: 2269
3c. Responsible Party (for LLC if
applicable): David George, PE, Kite Realty Group
3d. Street address: 30 South Meridian Street, Suite 1100
3e. City, state, zip: Indianapolis, IN 46204
3f. Telephone no.: 314-713-5600
3g. Fax no.: 314-577-7879
3h. Email address: [e-mail]
Page I of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: see below
4c. Business name
(if applicable): see below
4d. Street address: see below
4e. City, state, zip: see below
4f. Telephone no.: see below
4g. Fax no.: see below
4h. Email address: see below
5. Agent/Consultant Information (if applicable)
5a. Name: Amber Coleman, LSS, PWS
5b. Business name
(if applicable): Stantec Consulting Services, Inc.
5c. Street address: 801 Jones Franklin Road, Suite 300
5d. City, state, zip: Raleigh, NC 27606
5e. Telephone no.: 919-865-7399
5f. Fax no.: 919-851-7024
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
Roadway improvements takes place within NCDOT
1a. Property identification no. (tax PIN or parcel ID): Right-of-way and drainage easements. See attached list
of adjacent parcel numbers.
Latitude: 35.844676
1b. Site coordinates (in decimal degrees): Longitude: - 78.893862
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: Roadway (Phase 2): 23.97 acres;
Parkside Town Commons (Phase 1): 123.36 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Kit Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV NSW
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The majority of project work will take place within the existing NCDOT right of way for NC 55 and O'Kelly Chapel Road.
The right of way consists of existing roadway and grassed shoulders. The surrounding area is undeveloped and forested.
A few residential and commercial properties are sparsely located near the corridor.
3b. List the total estimated acreage of all existing wetlands on the property:
0.04 acres of wetlands are located within the NCDOT right-of-way / project area near Kit Creek.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There are three perennial streams within the NCDOT right-of-way / project area totalling 123 linear feet.
3d. Explain the purpose of the proposed project:
The NC 55 roadway improvement project is being completed to improve safety for all travelers and reduce traffic
congestion through the corridor by adding turn lanes and improving intersections in the area of the proposed Parkside
Town Commons Development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The mixed use Parkside Town Commons Development is proposed to be located in the NE quadrant of the NC540 and
NC55 interchange in Cary. The Parkside Town Commons Development has already been permitted with NCDWQ (#EXP
07-1503) and USACE (#2005-21328 and 2007-04171) and is considered Phase I of this project. Teer Associates was
listed with Kite Realty as co-applicants for Phase I; Teer Associates is no longer involved in the project. Phase II includes
the roadway improvements required to the surrounding infrastructure as a result of this development. NC55, O'Kelly
Chapel Road, Morrisville Carpenter Road, McKrimmon Parkway will all be widened to facilitate new turn lanes. The
railroad crossing on Carpenter Fire Station Road will be removed and a new crossing placed on O'Kelly Chapel Road.
Three existing stream crossings occur within the roadway project area. One crossing (O'Kelly Stream Impact #1) has a
permanent impact of 8 linear feet associated with a culvert extension. Another crossing (O'Kelly Stream Impact #2) has a
permanent impact of 14 linear feet also related to a culvert extension. (Stream Impact #3 has been removed and is no
longer shown on the impact maps). The third crossing (NC 55 Site #4) will involve the installation of a floodplain culvert to
be bored and jacked under NC55 parallel to the perennial stream. The stream will be protected in this area and no
impacts are expected to occur. Wetlands are located near Kit Creek (NC 55 Site #5) within the project area and are not
being impacted by this project. Typical roadway construction equipment will be used including backhoes, bulldozers,
pans, pavers, rollers, sheepsfoot, and dumptrucks. The floodplain culvert will be installed using jack and bore equipment.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: Three different delineations are included in this
permit application packet: 1. the Parkside Town Commons ® Yes ? No ? Unknown
site development parcel, 2. the parcels adjacent to O'Kelly
Chapel Road and 3. the NCDOT right of way near Kit Creek.
Items 1. and 2. have been approved by USACE/NCDWQ in
the past. Item 3 is included for approval within this permit
application.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: 1. Mulkey
Name (if known): 1. Layna Thrush and Mark Mickley 2. Luke 2. Withers & Ravenel, 3. Stantec Consulting
Tuschak and Todd Preuninger, 3. Amber Coleman and
Other:
Melissa Ruiz
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
1. USACE 2005, NCDWQ 2005 & 2006; 2. USACE 2008; 3. not yet approved, included within this permit application.
Documentation for all delineations is attached to this application packet.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A 401/404 has been granted for the Parkside Town Commons site development area (Phase I).
USACE ID Number: 2005-21328 and 2007-04171. Approved on 12/27/2007 for fill of 61 If of intermittent UT to Kitt Creek
and 0.32 acres of adjacent open water man-made pond due to the extension of O'Kelly Chapel Road.
NCDWQ ID Number: EXP-07-1503. Approved on 9/17/07 for fill of 0.64 acres of isolated wetland, 0.32 acres of open
water, 127 If of isolated perennial stream, 1,035 If of isolated intermittent stream, and 56 If of intermittent stream for the
purpose of constructing a new mixed use development.
This permit application is a revision to an already approved permit/certification for Parkside Phase II. The headwall at
Impact #2 outlined in the original Phase II permit was not approved by NCDOT and additional impacts from the resulting
culvert extension are outlined in this permit application. The culvert extension at Impact #1 has also been reduced from
14 feet to 8 feet. Temporary impacts are no longer planned at Impact #3.
No stream or wetland mitigation was previously required for Phase I.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
Parkside Town Commons is considered Phase I of this project and roadway improvements are considered Phase 2.
There are no future phases of Parkside Town Commons.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T n/a ? Yes ? Corps n/a
? No ? DWQ
W2 ? P ? T n/a ? Yes
? No ? Corps
? DWQ n/a
W3 ? P ? T n/a ? Yes ? Corps n/a
? No ? DWQ
W4 ? P ? T n/a ? Yes ? Corps n/a
? No ? DWQ
W5 ? P ? T n/a ? Yes ? Corps n/a
? No ? DWQ
W6 ? P ? T n/a ? Yes ? Corps n/a
? No ? DWQ
2g. Total wetland impacts n/a
2h. Comments: n/a
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert extension UT1 to Kit Creek ® PER
? I NT ® Corps
? DWQ 3 8 If
S2 ® P ? T Culvert extension UT2 to Kit Creek ® PER
? I NT ® Corps
? DWQ 4 14 If
S3 ? P ? T ? PER ? Corps
? I NT ? DWQ
S4 ? P ? T ? PER ? Corps
? I NT ? DWQ
S5 ? P ? T ? PER ? Corps
? I NT ? DWQ
S6 ? P ? T ? PER ? Corps
? I NT ? DWQ
3h. Total stream and tributary impacts 22 If
3i. Comments: Riprap is currently present on streambanks at S1 and S2, riprap will be place on stream banks only at end of
the new culverts making 22 feet of total permanent stream impact in the project.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? P ? T n/a n/a
02 ? PEI T n/a n/a
03 ? PEI T n/a n/a
04 ? PEI T n/a n/a
4f. Total open water impacts n/a
4g. Comments: n/a
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 n/a
P2 n/a
K Total n/a n/a n/a n/a n/a n/a n/a
5g. Comments: n/a
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): n/a
5j. Size of pond watershed (acres): n/a
5k. Method of construction: n/a
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
B1 ? P ? T n/a n/a ?? Nos n/a n/a
B2 ? P ? T ? Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project is dependent on the location of existing roadway with little flexibility to completely avoid impacts. However,
multiple areas were redesigned to minimize impacts to streams and wetlands. Referring to the attached site plan, the impact
at site 1 was shortened by 3 feet, the temporary impact at site 3 has been removed, site 4 includes a floodplain culvert for high
stormwater flows; the floodplain culvert will be installed in such a way as to avoid impacts to the perennial stream that flows
under NC 55. The stormwater outfall drainage ditch at Site 5 was shortened to avoid impacts to jurisdictional wetlands near Kit
Creek on the east side of NC55. As a result of these redesigns, only 22 feet of unavoidable impact to perennial streams at Site
1 and 2 remains.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Typical sediment and erosion control measures will be taken onsite. Silt fences and temporary sediment basins will be utilized
to prevent sediment from entering streams and wetlands. Silt fencing and other protective fencing will be used at the bore and
jack site at Site 4 to protect that perennial stream from disturbance due to construction equipment.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: n/a
3b. Credits Purchased (attach receipt and letter) Type n/a Quantity n/a
3c. Comments: No private mitigation banks are currently located within the Cape Fear River Basin
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 22 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): n/a square feet
4e. Riparian wetland mitigation requested: n/a acres
4f. Non-riparian wetland mitigation requested: n/a acres
4g. Coastal (tidal) wetland mitigation requested: n/a acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
n/a
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 n/a n/a 3 (2 for Catawba) n/a
Zone 2 1.5
6f. Total buffer mitigation required: n/a
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
n/a
6h. Comments: n/a
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: n/a
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? 56.3 (including existing roadway)
/o
2b . Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: n/a
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
Stormwater from more than the new impervious area from NC 55 will be treated within two BMP systems within the
Parkside Town Commons development. The Town of Cary is currently reviewing the Stormwater Plan as one total
project. Upon their approval, a copy of the plan will be provided to NC DWQ
® Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Town of Cary
? Phase II
3b . Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ® Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a . Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b . Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a . Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
? Yes ? No
Comments: Roadway improvements are not being funded by public money but will
be turned over to NCDOT for public use. (This project is not ultimately a private use
of public land).
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): n/a
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in a ccordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
An Indirect & Cumulative Effects analysis was completed for Phase I of this project. The ICE outlined that the area is in a
high growth region and will likely grow regardless of the development of Parkside Town Commons.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No wastewater will be generated as a result of the roadway improvement project.
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program Virtual Workroom was reviewed on April 22, 2009. No federally protected species or
designated critical habitat occur within 2 miles of the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
1998 Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery
South Atlantic Habitat and Ecosystem IMS (http://ocean.floridamarine.org/efh_coral/ims/viewer.htm)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ® Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The intersection improvements at Morrisville-Carpenter Road/NC 55 and Carpenter Fire Station Road/CSX RR are near
the Carpenter Historic District which occurs on the east side of the CSX railroad. Roadway improvements as part of the
project are not being undertaken within the historic district area and will not impact historic or archeological resources.
Data sources: NC SHPO website (http://www.hpo.ncdcr.gov/nrlist.htm), Town of Cary 2005 Carpenter Community Plan
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: Only minimal work is being done in the 100-year floodplain of Kit
Creek. The project will not result in increased base flood elevations.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
Applicant/Agent's Printed Name is provided.)
I I/2 /o y
Date
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
1 PROGRAM
October 13, 2009
David George, PE
Kite Realty Group
30 S. Meridian St., Suite 1100
Indianapolis, IN 46204
Project: NC 55 Improvements (Parkside)
Expiration of Acceptance: July 13, 2010
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2009-337• An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River Cu Stream (feet) I Wetlands (acres)
Basin
Location
Cold I Cool I Warm I Rinarian I Nan-Rinnrinn I C onctnl March
Buffer I Buffer II
(Sq. Ft.) (Sq. Ft.)

Impact
Cape Fear
03030002
0
0
22
0 - - --- --- -------
0 - -------- -------
0
0
0
Credits Cape Fear 03030002 0 0 44 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Sherri, USACE-Raleigh
Lia Gilleksi, NCDWQ-Raleigh
Amber Coleman, agent
File
kutora... E ... Protectu Our Jtat&
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net