20051321 Ver 3_Individual_20070312

CHAS. H. SELLS, INC.
~3 oS-13x,1
March 9, 2007
Ms. Cyndi Karoly
DWQ 401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
SUBJECT: Sandler at Amberly in Wake and Chatham County
DOA Action ID 200520319
DWQ No. 20051321
CHS PROJECT NO. 04-4036
Dear Ms. Karoly:
PRINCIPALS
STEVEN W. SMITH, P.E.
SUSAN K. FASNACHT, P.E.
MOSE D. BUONOCORE, P.E.
THOMAS NOVELLINO, C.P., P.P.S.
SENIORASSOCIATES
C. ROSS MASSEY, P.E.
DAVID K. BRUBAKER, P.L.S.
DAN E. BREWER, P.E.
On behalf of the owners, Sandler at Amberly LLC, we are advising you of a plan revision
for Impact #6 of the approved permit as stated in the approval letter. The COE has
already approved the change and a copy of the revised permit is attached for your
reference.
The change is to Impact #6, where it is desired to trade off the impact by 40' and add a
new impact 6A at the beginning of the stream. The stream was considered borderline
perennial at the Impact 6 location.
Attached is a copy of the revised 401 Water Quality Cerification application and a check
for $200 to cover the cost of this change. The Town of Cary is holding up the
construction approval of the project until they receive the permit modification, so you
expedited review of this request is appreciated.
Please call to discuss any questions you may have on the above matter.
-~ ~- ,~ ,
~~ .4, ;
a
M,~R ~ ~' 70C,%

15401 Weston Parkway • Suite 100 • Cary, NC 27513 • Tel: [phone] • Fax: [phone] • www.chashsells.com
AN EQUAL OPPORTUNITY EMPLOYER, M/I~'

March 9, 2007
Ms. Cyndi Karoly
DWQ 401 Wetlands Unit
Page 2 of 2
Sincerely,
as. H. Sells, Inc.
r~
'Donald A. Sever, P.E.
Project Manager
Attachments:
Exhibits Sheet 6, 6A
cc: Monte Matthews, COE
Bob Jones, GS Carolina
Ross Massey, Chas H Sells
V:\Projects\Sells Projects\04-4300 wetlands\CORRESPONDANCE\letter dwq amberly 3 9 07.doc

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. V ~J DS - 13 a 1
(If any particular item is not applicable to mis project, please enter ..trot t~ppncaoie or ~~~ti .~
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Individual Permit has been
issued and modified DWQ permit has been issued and modified on May 5, 2006, this
implication switches stream impacts for Impact 6.
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. A licant Information `°~' ~'"~ ~~° ~ ~-" 1..,:~' ~'~A
PP 1 ` ~:~~
1. Owner/Applicant Information
~1~R ~ 201,1
Name: Sandler at Amberly LLC c/o Bob Jones t,~~,~~ _ ;~f,, .~_~,~,~ ~-:,
Mailing Address: 4011 Westchase Blvd. Suite 175 ~`i~~~;~;~r~.src~~a~av~'~,x `~ r~r~wt;r,
Raleigh NC 27607
Telephone Number: 919-832-9998 Fax Number: 919-832-9896
E-mail Address: bob ~,~icarolina com
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: Donald A. Sever. P.E.
Company Affiliation: Chas H Sells. Inc
Mailing Address: 15401 Weston Parkway Suite 100
Cary NC 27513
Page 5 of I6

Telephone Number: 919-678-0035 Fax Number: 919-678-0206
E-mail Address: dsever~a),chashsells.com
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: Amberly PDD - AR and Amberly Village Square, Amberly MF-1,
Amberly Town Center
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Chatham 7253-23-9931, 0725-47-2903.000
Wake 0725-31-6749, 072502679303
4. Location
County: Chatham /Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Amberly PDD
Directions to site (include road numbers/names, landmarks, etc.): North of Carpenter Fire
Station Road, South of Okelly Chapel Road, west of Green Level to Durham Road
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): 39D49'S5" °N 78D54'33" °W
6. Property size (acres
7. Name of nearest receiving body of water: Tribs (Nancy Branch /Morris Branch) to Lake
Jordan
8. River Basin: Caper 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/.)
Page 6 of 16

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 majority of the land is forested and undeveloped. Some
land is in pasture.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the rg ading of lands and construction of roads and infrastructure
typical for residential development. Heavy earthmoving equipment will be used for the
project.
11. Explain the purpose of the proposed work: The purpose is to provide for adequate housing
needs in the growing, Cary area.
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. DWQ Permit No. 20051321 issued 9/21/2005, and modified on 2/21/07
for this stream impact change, DOA Action ID 20050319. Soil & Environmental Consultants,
PA conducted a detailed wetland delineation of the entire Amberly tract of land. Ms. Amanda
Jones, USACOE, provided a Jurisdictional Determination for these areas on January 22, 2002
(AID 200220442). The Town of Car~parian Buffers were confirmed by Mr. Matt Flvnn in
October and November 2001 (TCRB 01-008). The DWQ permit 20051321 was modified last on
5/2/06.
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.
There are no anticipated future permit requests anticipated for this project at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
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It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
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 proposed impacts all result
from the development of the property and are depicted on the attached impact maps and
described in the tables below. 1269' of stream impact and 0.18 acres of wetlands have been
approved. We are reducing 40' of stream impact to impact number 6, in exchange for new
impact 6B which impacts 30' of stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Impact #9 Road, General Fill Headwater forest No 500 0.18

Total Wetland Impact (acres) 0.18
3. List the total acreage (estimated) of all existing wetlands on the property: 35
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. multiply length 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 Im act (linear feet) (acres)
#1 Unnamed trib. General Fill Int. 1' 320' NA
#2 Unnamed trib. Road Int. 1' 200' NA
Page 8 of 16

#4 Unnamed trib. General Fill Int. 3' 65' NA
#5 Unnamed trib. Road Per. 5' 192' NA
#6 Unnamed trib. Road Per. 4' 100' (REV) NA
#6B Unnamed Trib. General Fill Per. 2' 30' (NEW) NA
#7 Nancy Branch Road Per. 4' 124' NA
#8 Unnamed Trib. Road Int. 3' 105' NA
#10 Unnamed Trib. Road/ General Fill Int. 2' 120' NA
#11 Unnamed Trib Sewer Crossing Int. 8' 20 (Temp.) NA
# 12 Unnamed Trib. Road Int. 3' 155' NA

Total Stream Impact (by length and acreage) 1421' NA
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_ dred~in~_ floodin~_ drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project;
Stream Impact (acres):
Wetland Impact (acres): 0.18
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 1421
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.
There is no impact to the isolated waters.
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
Page 9 of 16

Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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.
This project is located in the Cape Fear river basin which has a 30' wide buffer for Panther Creek, Nancy Branch and Morris
Branch streams (Class IV watershed). The town of Cary requires a 50' buffer around intermittent streams, and 100' buffer
around perennial streams. For this 612 acre parcel, there will be 73 acres of stream buffers set aside. Lots are not allowed to
be plotted in these buffers, giving permanent protection of these areas.
Along the USACOE lands, there is a 50' wide buffer along the perimeter of the Amberly property. This buffer results in a
total of 17 acres being set aside for permanent protection between the two properties.
The stream and perimeter buffers tota190 acres or 15 percent of the 612 acre parcel. The layout for the development of the
parcel has the stream buffers being avoided, with stream crossings being required at 7 locations. No branch of the same
stream is crossed more than one time. The parcel layout has the avoidance and minimization built into the design. It is
impossible to avoid all of the streams on the property.
The development will have an approved stormwater management system and erosion control plan. The Town's
requirements are consistent with the State's requirement (Stormwater Best Management Practices adopted by NCDENR).
The work will be done in phases to minimize the amount of land being disturbed at any one time. As part of the erosion
control plan, seeding and mulching of final graded slopes will be permanently seeded within 15 days of slope construction.
The stormwater ponds and stream buffers will provide some mitigation of increased stormwater flows and non-point
discharges in the project limits. The stormwater ponds will serve as detention devices and nitrogen control. The settlement
of particulates will occur within the pond. The vegetated buffers will provide bio-filtration and improve bank stabilization.
The overall development will not exceed 70 percent built upon area.
The following impacts are all that is anticipated for the proposed development of the 612 acres. The wetland impact is less
than 0.2 acres for the entire parcel.
Impact # 1 and #2 are on an intermittent stream (one foot wide -Channel Wetland Area 55, 0.021 acres) designated by the
USACOE on November 21, 2001. The total drainage basin for this stream is 3 acres. Eric Kulz with NC Division of Water
Quality was asked to do a stream call for intermittent /perennial on January 28, 2005. This intermittent stream did not start
until fifty feet above an existing wetland, and the stream channel was non existent for another eighty feet in the middle of the
run.
This area will be greatly impacted by grading for the lots and roadway fill. To mitigate for the loss of the channel, a pocket
wetland is proposed to be constructed approximately fifty feet above the existing wetland. The location of the pocket
wetland was in the stream channel to minimize excavation to the surrounding area. If the pocket wetland was located outside
of the proposed area, then an additiona12,000 cubic yards of excavation is needed. It is our professional opinion that given
Page 10 of 16

the uniqueness of this stream to start and stop, start and stop again that the creation of a pocket wetland would provide for the
greatest possibility of groundwater recharge and the overall nitrogen reduction in stormwater runoff. The pocket wetland will
have 0.126 acre of permanent pool area.
Impact #2 consists of a new roadway crossing. The drainage area is small enough (less than 0.5 acres) where the catch basins
located in the roadway are sufficient to properly discharge the stormwater runoff. The stream is dry in the summer.
Appropriate construction methods will be taken to construct the pipe in its permanent location. The pocket wetland will first
be used as a sediment basin to minimize off-site erosion.
The intermittent stream for impacts #1 and 2 is not a blue line stream on the USGS or Chatham County soils maps.
Therefore, there is no stream buffer being impacted by this proposed work.
The overall Amberly property at this location is bounded by the Wake County/ Chatham County line. There is a buffered
stream to the west of the proposed work which is being avoided with the layout of the cul-de-sac street. Normally, the town
of Cary requires street connectivity, but for avoidance and minimization this buffered stream is not being crossed by any
roadway. Since the intermittent stream extends through the county line, there is no way to completely avoid it.
Impact #3 has been deleted. Originally there was fifty lineal feet of channel impact that has been avoided by relocating a
pocket wetland three hundred feet to the south of this location.
Moving the location of this pocket wetland was part of our least environmentally damaging, practical alternatives.
Impact #4 consists of filling in sixty-five feet of intermittent stream channel (three feet wide, Channel Wetland Area 17 -
0.008 acres). To minimize channel impacts, a retaining wall has been designed to avoid impacting an additional fifty feet of
stream. With the mass grading of the surrounding area, the existing drainage patterns and groundwater flow for this
intermittent channel will be greatly altered. This stream is not buffered by the town of Cary since it is not shown on the
USGS quadrangle or Chatham County soils map.
Impact #5 consists of a roadway impact on a five foot wide perennial channel identified as Channel Wetland Area # 15 -
0.143 acres. As part of avoidance and mitigation for this crossing, our engineers have had much conversation with the
USACOE and NCDENR about the location of this crossing. The roadway crossing is needed to provide for the town of Cary
roadway connectivity requirements. The original location of the crossing was one hundred feet to the east of the proposed
location. In that location the stream was braided and both agencies requested that the crossing be moved if possible. As part
of our avoidance and mitigation, we have relocated the structure to a different location.
In our original permit, this structure was a bottomless culvert. After having conversations with USACOE, it was felt that the
bottomless culvert would have more impact than if we would construct a regular culvert. The plans have been revised to
include an additional 152' of stream impact for this culvert. USACOE determined that this was a poor quality stream, and
accepted mitigation through permanent conservation easements at this culvert.
Impact #6 consists of constructing a sixty inch diameter pipe approximately one hundred and twenty feet long across a
perennial stream. This channel is four feet wide and identified as Linear Wetland Area #8 - 0.185 acres. The roadway
crossing is needed to access the property to the west of this crossing, and to allow for this property to be part of the overall
subdivision. Again, the town of Cary requires for roadway connectivity which predicates this crossing. There is no way to
avoid this stream crossing since the Amberly property is running along the western edge of a stream buffer as shown on the
Figures "Master" and "1B". The overall stream impacts for this crossing is one hundred forty feet with headwalls and riprap
at the outfall of the pipe. At this impact, USACOE felt this stream was borderline as a perennial, and accepted
mitigation through permanent conservation easements at this culvert.
We have reduced the impact to this stream at this location by shortening the pipe and constructing segmental block
walls to intercept the 3:1 embankment sideslopes, whereas the previously approved impact had the slopes daylighting
to existing ground.
In exchange for this impact, we have requested new Impact 6B, which is located at the beginning of the stream. We
propose to construct a constructed wetland at this location, and the slopes encroach into the stream for a distance of
30'.
Page 11 of 16

Best management practices will be followed during the construction of this pipe. A temporary channel will be provided to
the west of the proposed crossing. This channel will be lined with erosion control matting to minimize off-site erosion. The
construction of this culvert should be completed within a three day construction window.
Impact #7 consists of constructing a hundred foot long, twenty two feet wide by fifteen feet high pipe arch structure. The
channel is four feet wide and identified as Channel Wetland #21- 0.761 acres. The bottom of the culvert will be filled in
with one foot of excavated stream bottom material to restore the channel to original condition. Retaining walls are proposed
at all four corners to minimize the length of the culvert and stream impact lengths. This roadway crossing is required to
connect the northern half of the A/R tract with the southern and central tracts. The town of Cary requires roadway
connectivity for the subdivision and to minimize entrances off the major thoroughfare roadway (Yates Store Road) which
requires this crossing.
During construction of the crossing for Impact #7, a temporary stream channel will be constructed next to the proposed
crossing to facilitate construction of the new culvert in the channel. The temporary stream channel will be lined with erosion
control matting to minimize erosion of the bottom. Any dewatering needed for the site will be pumped into a sediment trap.
All unsuitable material will be removed and disposed of properly within the Amberly property.
USACOE determined that this was a poor quality stream, and accepted mitigation through permanent conservation easements
at this culvert, and also required a mitigation from NCEEP at a 1:1 ratio for the 124' of impact.
Impact #8 consists of constructing a sixty inch diameter pipe eighty feet long in the intermittent stream channel. This
channel is three feet wide, and identified as Channel Wetland #39 - 0.058 acres. This roadway crossing is needed to access
approximately ten lots to the east of this crossing. The intermittent stream bisects this land to the east, and the only way to
make this tract of land part of the overall A/R subdivision is through this crossing. NCDOT and the town of Cary has
limited driveways off Yates Store Road, and the only way to access the approximate five acres of land to the east is via the
proposed crossing.
Impact #9 consists of filling in 0.178 acres of wetlands (Wetland Area 33 - 0.138 acres and Channel Wetland 25 - 0.030
acres) to construct a roadway and create lots in the Amberly Village Square. Out of the 612 acres of the proposed project,
this is the only place where we are proposing to fill in any wetlands. Impact # 10 is the filling of one hundred and twenty feet
of channel for the roadway crossing and lot grading. The channel is two feet wide and identified as Channel Wetland Area
24- 0.011 acres. The stream is an intermittent stream and is isolated by the fact that the stream disappears eighty feet from a
perennial stream. The overall tracts have been designed to avoid streams and riparian buffers as much as possible, however
this isolated tract was one that could not be avoided without substantial loss in the number of lots in this tract.
USACOE required mitigation from NCEEP for the 0.18 acres for this impact.
The intermittent stream is not buffered by the town of Cary since it is not shown on the USGS quadrangle or Wake County
soils map. As part of the avoidance and mitigation for the project, the overall development avoided the buffered streams
entirely with the exception of a perpendicular crossings that are being discussed. This is illustrated best on the Figure
"Master" and "1C".
Impact # 11 consists of a temporary impact of a perpendicular crossing of the perennial stream with an eight inch diameter
sanitary sewer. The impacts to this stream (eight foot wide -Channel Wetland Area 15 - 0.143 acres) will be temporary in
nature since the sanitary sewer will be three feet lower than the stream bottom at this location. Best management practices
will be followed during the construction of this pipe.
Impact # 12 consists of providing a roadway crossing of a east -west connector from Yates Store Road to the properties to
the east of the Town Center tract. This roadway is needed as part of the town of Cary's connectivity requirements. A sixty
inch diameter pipe one hundred and forty feet long will be constructed in the intermittent channel. The three foot wide
channel is identified as Channel Wetland Area 26 - 0.149 acres. A total of one hundred and fifty feet of channel impacts
which includes the riprap dissipater at the outfall of the pipe is proposed for this crossing.
As part of the avoidance and mitigation for the project, the originally approved intersection of this connector road with Yates
Store Road has been relocated some two hundred feet to the location shown on Figure 1D. This shift resulted in avoiding
overa110.3 acres of wetlands and one hundred fifty feet of stream impact at the original location.
Page 12 of 16

This completes the impacts that are anticipated for the development of over six hundred acres of the Amberly PDD. The
impacts are the result of careful planning and design to avoid the existing streams as much as possible. Amberly will be
setting aside over seventy three acres in stream buffers in the Cape Fear watershed as part of the project. An additional
seventeen acres of buffers are being set aside along the USACOE property which are permanently protected from
development. The development is proposing to impact only three hundred feet of perennial stream of the over thirteen
thousand feet within the property. Roughly one thousand feet of the five thousand feet of intermittent stream is being
impacted. The majority of this intermittent stream impact is limited to impacts 1, 2 and 9. Less than two tenths of an acre of
wetland is being impacted by the project, which occurs at only one location throughout the entire property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strm~ide.html.
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.
Conservation easements are proposed at impacts 5, 6 and 7. USACOE stated that no
stream mitigation would be required for the perennial impacts with the creation of the
conservation easements due to the poor quality of the stream, with the exception of impact
#7. This impact requires a 1:1 mitigation from NCEEP for the 124' of stream impact along
with the conservation easement.
Page 13 of 16

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:
Amount of stream mitigation requested (linear feet): 124'
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.18
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Page 14 of 16

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.
Im act Required
Zone* ,_____p r__~~ Multiplier ,~,r;*;,~,*;,,,,
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
XI.
XII.
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 2B .0242 or .0244, or .0260.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The development will have an approved Stormwater management system and erosion control
plan. The Town's requirements are consistent with the State's requirement (Stormwater Best
Management Practices adopted by NCDENR). The work will be done in phases to minimize the
amount of land being disturbed at any one time. As part of the erosion control plan, seeding and
mulching of final graded slopes will be permanently seeded within 15 days of slope construction.
The stormwater ponds and stream buffers will provide some mitigation of increased Stormwater
flows and non-point discharges in the project limits. The Stormwater ponds will serve as
detention devices and nitrogen control. The settlement of particulates will occur within the pond.
The vegetated buffers will provide bio-filtration and improve bank stabilization.
It is difficult to determine the exact percentage at this time since there are not plans for the entire
parcel yet.
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.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 15 of 16

All sanitary sewer is collected to the Morns Branch pumping station and dischaz~e to the town of
C~rv for treatment
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 anafter-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 neazby 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:1/h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
All attempts were made to show the impacts for the entire development of 612 acres at this time.
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).
3 /s/o
/ ApplicantlAgent's Signature ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.}
Page 16 of 16

CHAS. H. SELLS, INC.
15300 Weston Parkwoy
Suite 106
Cary, NC 27513
O ~ ~, ,'~ ~ 1 ~ / ~ Tel: [phone]
J V Fax: [phone]
www.chashsells.com
Amberly A/R
Cary, NC
GS Carolina
341'! 1/2 Hillsborough St.
Raleigh, NC 27607
PROJECT #: 04-0300 DATE: 63-i5.OS
0?-17-07 REV
DRAWN BY: JWE CHECKED BY: DS
TITLE SCALE 1"=500'
WETLAND IMPACTS
SHEET
1B

CHAS. H. SELLS, INC.
15300 Weston Parkway
Suite 106
Cory, NC 27513
Tel: [phone]
~ / 3 D S - , 3 2' Fox: 919-678-0206
V www.chashsells.com
Amberly A/R
Cary, NC
GS Carolina
3412 1R Hillsborough St.
Raleigh, NC 27607
PROJECT R: 044300 DATE:2 7~REV
DRAWN BY: ]WE CHECKED BY: DS
TITLE SCALE 1"=50'
WETLAND IMPACTS
SHEET
6

CHAS. H. SELLS, INC.
v3 05-
15300 Weston Parkwoy
Suite 106
Cory, NC 27513
3 ~ 1 Tel: [phone]
Fox: 919-678-0206
www.Choshsells.COm
Amberly A/R
Cary, NC
CS Carolina
3412 12 Hillsborough St.
Raleigh, NC 27607
PROTECT X: 044300 DATE: 3-?S-0S~
2-17-07 REV
DRAWN BY: IWE CHECKED BY: DS
TITLE SCALE 1"=50'
WETLAND IMPACTS
NEW IMPACT
SHEET
6B

FEB. 28'2007 15:32 919 87S 5923 USACE AAL AEG
U.S. Arx~y Carps of ~ngi~neers
RaleYgb Regu~atoxy k~e~d Ot~ce
6548 ~`~lls of the Neese Road
Strit~ 120
. Ralezgh, NQZth Caxol~ota. 27615
Phone: (9X9) 576-8441
Pam {919} 876-5823
FAX COVER SPE'Y`
#6495 1.001/005
f Massage to: ~ ~~ V'''im
Total number of pages indud~g c~ea' page:
~a~ gages are oat received, pease ca1189f~844~.
R.~arlrs: . ~ ~~
~~~
~~

FEB. 28'2007 I5:32 919 876 5923 USAGE AAL AEG X6095 P. 002/005
Regulatory Division
Aarata >iD. 200520319
Mr. fob Jones
Sax~dlex at Amborly,l~C
3412 Y4 Hillsborough Street
Raleigh, NC 27607
Dear Mr. Jones;
Februaay 21, 2447
v3 05 - i32,i
Reference tht Department of the Army (DA) permit issued on May 31, 2045,
which authorized the placement of ftll material into O.IB-acre of wetlands, 1,Q21 linear
feet of stream channel, and the temporary disturbance of 20 linear feet of streaua channel.
A1I impacts described a'bvve occur in jurisdictional waters of the United Sues. The
discharge of fill is associated with the development of Amberly PUD, parcel AR located
east and west of Xates Store Road, south of O'Ke11y Chapel Road, and north of Carpenter
Fire Station Road in Cary, Wafce County, North Carolina
Reference is also made to an email from Mr. Donald Sever (authorized Agent}
dated December 4, 20Q6, regttesting modification of selected itrtpaet areas addressed
within your DA permit. You have requested a reduction in impacts at Impact #~ via
shortening the 3~i" RCp aid building a segmental block wall on both sides of the
roadway. An additional 34' of unimportant stream impact is requested at ttte hoadwaters
of this stream for the constriction of a wetland
Wa have completed our evaluation of your request:tn;d concur with your request
for a change in impacts associated with your referenced DA permit. Construction
drawings ate attached to this letter and will act as special permit conditions for this
modification.
It is understood that all other conditions of the permit, including the permit
a><piratior date, remain applicable. Should you have questions, contact Mr. Monte
Nzattbews, Raleigh Regulatory Field Office at telephone (919) 876-$441, Extension 30.
Sincerely,pilename:A,MberlyMod~,~ 1007
CESAW-RG-R/MM/dh ,~
CESAW-RG-R/F'II.E ,~ „i
Jean .t~. Mannalc ~,
Chief, Raleigh Regulatory
Field dffice
Ak4cteh mo-rc{-

r'EH.28'2007 15:33 919 B76 5823 USRCE RAL nEG #6095 P.003l005
15300 Watort Parkway
Sulu 106
-+c a~s1a
TN: H1 ~6?E-0035
~ 3 0 5 ~~ 3 a 1 Fpc 819-6T6-02G6
www.ChCyhyelly.Cpm
~~~~~
Cary, PtC
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TTILE gCALE 1"~
WETLAND IIvlPACI'S
- -
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~B

FE&.28'2007 15:33 919 876 5823 L'SACE RAL AEG #6095 P.0041005
CHAS. H. SELLSy INC.
ib3~0 Westort Porkw
~1~ ,~
Cory, NC 27513
TEL 919-6y0-0033
~ 3 o s- i 3 a ~ fex: 919-675-0208
r~ee.ahmhaeita.aam
Amberly A/R
Cary,NC
9912188 ~hlx~k 9~.
RakiQlt NC 276Q7
~~ ~•~
w~.,alw z~rnacrs
NEWIMPaCT
D

FSB.28'2007 15:34 915 876 5823 L'SACS FiAL REG #4045 F.005l005
CHAS. H. SELLS INC.
15300 wei A~tpp 106
Cara NC 27513
Ttl: 919-6~$-0035
V 3 D S- i 3 a 1 fox: 919-676-0206
xwr.ehaehaeAa,aom
Ambear~y ,A,/.R
Cacy.1~TC
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