20010293 Ver 1_COMPLETE FILE_20010227

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 2, 2001
DWQ# 01-0293
Wake County
Phillip Wiggins
Stratford Land Investments
8100 Lomo Alto, Suite 208
Dallas, Texas, 75225
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Condition
Dear Mr. Wiggins:
You have our approval, in accordance with the attached conditions, to place fill 185 linear feet of unnamed intermittent tributaries to
Little Brier Creek in order to construct the Brier Creek Parkway Extension in Wake County, as described in your application received by
the Division of Water Quality on February 27, 2001. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Number 14 when it is issued by
the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
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 a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional condition listed
below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream
buffers
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 919-733-9646.
Sincerely,
r .Stevens
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Sean Clark, 11010 Raven Ridge Road, Raleigh, NC, 27614
010293
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(lilt - 1100 /..L.......1 n1/1 700 -1 /f-% .......1..1,..... .... I...... ..H....,J,./
February 26, 2001
S&EC Project # 00-4495
NCDENR - DWQ
Attn: Mr. John Dorney
US Army Corps of Engineers
Attn: Ms. Amanda Jones
9pj/s??FOy
4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27607 Raleigh, North Carolina 2761.5
RE: Nationwide Permit 14 (404 and 401) Request
"Linear Project" Brier Creek Parkway extension
Wake County, North Carolina ? -<
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Dear Mr. Dorney and Ms. Jones:
On behalf of Stratford Land Investments (property owner), we request
authorization to use Nationwide Permit 14 to cover impacts to jurisdictional
surface waters (i.e. stream channel) for the subject project. A Pre-construction
Notification Form is attached.
The proposed extension of Brier Creek Parkway consists of the road construction
and the crossing of one "unimportant" jurisdictional channel feature. The road
corridor is located between two tributaries to Little Brier Creek. The proposed
channel impact area is located north east of the existing intersection of ACC
Boulevard and Highway 70 in Wake County, North Carolina (see attached USGS site
vicinity map).
The proposed perpendicular crossing of the four lane Brier Creek Parkway
extension will impact 185 linear feet of "unimportant" jurisdictional channel
(0.0127 acres). The width of the impact is 3 feet (i.e. less than 200 feet). The road
crossing has been redesigned to avoid impacting Neuse River Buffers and to
avoid additional impacts to jurisdictional areas.
Because the impacted section of stream is not believed to be important or
perennial, there should be no stream or wetland mitigation required. However,
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Environmental Consultants, Inc.
Road • Raleieh. North Carolina 27614 • Phone: [phone] • Fax: [phone]
Western Branch Offices: [phone] • [phone] • [phone]
February 21, 2001
S&EC Project # 99-4495
Page 2 of 2
if any mitigation is required our client proposes payment to the Wetland
Restoration Program.
Please note that Mr. Todd Tugwell of the USACE, Raleigh Regulatory Field
Office approved the wetland delineation on September 9,1999 (Action ID #
199921331).
Mr. Charles Brown of the NC Division of Water Quality (DWQ) confirmed the
channel features subject to the Neuse River Buffers on August 20, 1999. His
findings are contained in the attached letter (NBRRO 99196) and reflected on the
attached impact map. The proposed road extension has been realigned to avoid
the Neuse Buffers completely.
Please call me at [phone] if you have any questions, require additional
information, or would like to schedule a site visit.
Sincerely,
'??au
Sean Clark
Environmental Scientist
Attachments: 1) Pre-construction Notification Form
2) USGS Site Vicinity Map
3) Site Plan/ Impact Map
4) Agent Authorization Form
5) Upland Data Form (No wetland data form, channel impact only)
6) $475 check for 401 certification fee
7) Neuse Buffer Confirmation Letter
8) Copy of Thoroughfare / Collector Plan (pertinent section only)
o ? 029
DWQ ID: Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 14
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Stratford Land Investments
2. Mailing Address: 8100 Lomo Alto, Suite 208
Subdivision Name:
City: Dallas
State: Texas Zip Code: 75225
Project location address, including subdivision name (if different from mailing address
above): The proposed Brier Creek extension is located north east of the existing intersection of
ACC Boulevard and Highway 70 in Wake County, North Carolina (see attached USGS site
vicinity map).
3) Telephone Number (Home): N/A
(Work): [phone]
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road
Fax: [phone]
Raleigh, NC 27614
1
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Raleigh
Specific Location (include road numbers, landmarks, etc.): The proposed Brier Creek
extension is located north east of the existing intersection of ACC Boulevard and Highway
70 in Wake County, North Carolina (see attached USGS site vicinity map).
6. Impacted or nearest stream/river: Unnamed tributary to Little Brier Creek
River Basin: Neuse River Basin
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ? NO ® If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have an Section 404 permits been previously requested for use on this property?
YES an
NO ® If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO ® If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: N/A
9b. Estimated total number or acres of wetlands located on project site: N/A
1)
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.0127 acres(unimportant channel) Excavation:
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.0127 acres
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 185 linear feet (unimportant channel) After:
Width Before (based on normal high water contours): 3 feet
Width After:
Average depth before: 0-2 inches After:
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel: N
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? N/A
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
The project will include the construction of a public road included on the thoroughfare
plan. The construction will employ the use of mechanical equipment typically used to
complete such work.
13. Purpose of proposed work: The proposed Brier Creek extension will eventually tie
highway 70 to T.W. Alexander Parkway_
q
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): The proposed Brier
Creek extension is on the thoroughfare collector plan for the City of Raleigh. The
jurisdictional features have been flagged and approved by the USACE and the streams
subject to the Neuse River Buffers have previously been determined. The jurisdictional
areas and the buffered areas were avoided as much as possible when planning the road
crossings. The Neuse Buffers were completely avoided.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of 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. Date contacted: (attach responses from these agencies).
N/A to be completed by the USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
N/A to be completed by the USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
A
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 29, 38 and 39). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1. inch equals 100 feet or
their equivalent.
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 the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Commercial and Industrial
If applicable, what is proposed method of sewage disposal?
g. Signed and dated agent authorization letter, if applicable.
Attached
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
?-? February 26, 2001
Owner's/Agent's Signature Date
[Agent' s signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
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701 ^ • • INTERIOR--GEO OGIQAL SURVEY, RESTON, VIRGINIA-1987 -35 ° 52'30"
702 703000, E. 79-45f
ROAD CLASSIFICATION '-p9
Primary highway, Light-duty road, hard or a
hard surface improved surface - ss ti
Secondary highway,
hard surface_ _ Unimproved road
?? Interstate Route U. S. Route ?? State Route
PHAS:1 WETLAND IMPACT SUMMARY
AREA LINEAR
IYPACI 7"PE 5F FT
1 CH 555 185

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ACC BOULEVARD REALIGNMENT
GRAPHIC SCALE
1" = 400'
0 400 800
JOHN A. EDWARDS & COMPANY
Consulting Engineer
333 Wade Ave., Raleigh, N.C.
Phone [phone]
FAX [phone]
E-mail info0joeco.cam
ru sum
1' . 400' 1115/01
RC
nLO a?R
JAEYA57ER JAE..R.
ALEXANDER PLACE
NORTH
PHASE WETLAND IMPACT NIAP
08/10/99 09:35 FAX [phone] ELAN TODD d'AMBROSI 1 ?1002
Sod. & EnvironmellConsultants Inc.
244 West biillbmok Road r Raleigh, NQIth Carolina 27609 0 [phone] a (919)
AGENT AUTHORIZATION FORM
All Blanks To Be Filled T By a Current Lga&hner
phone: Cr21 N ?o rio " 3 !0 <03
Project Name/Description: I?t?o rb S
Date; &5,!+ (o, /999
The Department of the Army
U.S. Army Corps of EDgiws. Wt7mtngton District
P.O. Box
Wibnington, NC 78402
Arin: T dd
Field Office: Pi
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern: haeby d to and authorize $oil & Fnaviron mental Cortsult8r?' Inc. to
L the current Prot C ownex, f permit applicaiioms, to fish sport recju '
act in my behalf as my agent in the a forward. The - /D Y of
su plemental information in support of applications, etc. from this day
u s+ 1999
This notification supersedes any previous eonv5ponde nce concerning the agent for this project.
NOTICE: This autharization, for liability and pirvfessioral eotrtegy reasons, is valid only for
govertument officials to enter the property when accompanied by S&EC staff. YOU mi+ould Call S&EC
to arrange a site meeting prior t* visiting the s
12 1
Print Property OwnePs Name
cc: Mr" John Dorney
NCDEH & NR - DWQ, Water Quality Planning
4401 Reedy Creek Road
1Zaleigh, NC 77607
i oxw s Si
cc; Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
Agemhm
in and Physical Analysis M Wetlands Mapping and Mitigation iN ?m"irortrnent ?l .t<«
5oi1/Site E?"alu:?tion :rtapp g
On-Site Waste Treatment SvStcros, E?'alt?atlon and Design
L-a' ?AUc°S?r' n?S
Name;
A/fo 5?'? 203 1?allas Teuas 78228
Address; d 40,o
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ruby Jones Tract / 994495up Date: 8-9-99
Applicant/Owner: Stratford Land Inestments County: Wake
Investigator: Sean Clark State: North Carolina
Do normal circumstances exist on the site? Yes
Is the site significantly disturbed?
(Atypical situation)
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. Pinus taeda Tree FAC
2.Quercus alba Tree FACU
3. Polystichum acrostich. Herb FAC
4.Cornus florida Tree FACU
5.Juniperus virginiana Tree FACU
6.Euonymus americanus Shrub FAC-
7.Fagus goandifolia Tree FACU
8.Smilax rotundifolia Vine FAC
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 40%
Remarks:
* community types taken from `Schafale & Weakley 1990'
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
>12 (in.)
(in.)
> 12 (in.)
Community ID: Basic Mesic Mixed HardwoodForest
No
Transit ID: upland areas
No Plot ID:
Dominant Plant Species Stratum Indicator
9. Quercus rubra Tree FACU
IO.Prunus serotina Tree FACU
I l.Oxydendrum aboreum Tree NI
12.Liquidambar styraciflua Tree FAC+
13.Acer rubrum Tree FAC
14. Viburnum rufrdulum Shrub FACU
15.Vrtis rotundifolia Vine FAC
16.
Wetland Hvdrolopv 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: No Indicators
S&EC Project # 99-4495up
son's
Map Unit Name
(Series and Phase): Creedmoor sandy loam Drainage Class: moderately well
Field Observations
Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? Yes
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture Concretions,
(ins.) Horizon (Mansell Moist) (Mansell Moist) Abundance/Contrast Structure etc.
0-6 Ap 2.5 Y 5/2 sandy loam
6-12 AB 2.5 Y 7/4 sandy loam
Hvdric 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 Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
* local USDA Soil Survey referenced
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? No
Wetland Hydrology Present? No
Hydric Soils Present? No
Is This Sampling Point Within a Wetland? No
Remarks:
%All J-a- L_.Y
Personal Account Information Redacted
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE

DIVISION OF WATER QUALITY
August 20, 1999
Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 99 196
Ruby Jones Tract
Hwy 70 / ACC Blvd
Wake County
A
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S' rely
ar es r
Environmental Specialist
cc: RRO Files / John Dorney
:\neusbuf.let\nbr99196.let
3800 BARRETT DRIVE. SUITE 101, RALEIGH. NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Dear Mr. Martin:
AUG 2 5 ; s< 9
Mal On June 25, and July 28 1999, I conducted site visits of the features involved in
the above referenced project. It was determined as a result of the site visit that the water
4 bodys / channels present on the property were intermittent streams and therefore subject
to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
F (NCAC 0233). The enclosed site map contains the streams and the buffers that are
protected under the Neuse River Basin Plan. The streams are unnamed tributarys of
?r Sycamore Creek.
This office has assigned the reference number of NBRRO 99 199 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or
r f <
if you have any additional questions concerning this letter, please do not hesitate to
contact me at 571-4700 ext. 245.
JAMES B. HUNTJ
GOVERNOR

01/25/2001 17:51 JOHN A. EDWARDS & CO. 4 8469467
i
Case File / Name: MP-1-2000 Ruby Jones Planned Development Master Plan
General Location: US 70 West at brier Creek Parkway
Planning District
I CAC; Umstead I Northwest
Natura of Case; Approval of Planned Development Conditional Use Overlay Master Plan
Contact: Holt, York, McDarris / Jerry Turner Associates
issues: Current zoning allows a wide variety of land uses In accordance with a general
plan previoysly approved py City Council, and requires 50' min. tree protection
areas along all thoroughfares. The proposed Planned Development District
substitutes some additlonal density I Intensity standards and replaces tree
protection requirements with specific streetscape standards. Companion case
(Z-57-00, SC-CUD) allows substantially more retail at this location than existing
zoning.
-iT
W?ffl

...... AP

r
r

nw
MP-1
NO. 312 902
CR# 10162
Casa File, MP-1-00
Certified Recommendation
of the City of Raleigh Planning commission
1
11/17100 UP- 1-2000 RUBY JONrE5 TRACT
41
01/25/2001
17:51 JOHN A. EDWARDS & CO. 8469467
NO. 312 D03
CRO 10162
Case Fite. MP-1-00
CITY COUNCIL: The City Councll or Planning Commisslon (depending on
whether the proposed use is designated for CC or PC approval In City Code
Section 10-2132.2), will approve site plans for development tracts under the
procedures in 10.2132.2 where a change in land use or an expansion or
reduction of greater than 10% Is proposed in a development tract. The City
Council, after a recommendation by the Planning Commission, shall approve any
hotel use that exceeds 600 units, and shall approve any substantial change in
location or any expansion or reductlon of retail areas as determined by the
Planning Director. City Council and the Board of Adjustment will approve all
Special Use Permits that may be required for uses within the Master Plan area.
City Council, after a recommendation from the Planning Commission, shall
approve any change In the Master Plan not addressed above
COMPRIHENIVE
PLAN.
GREE1 WAY: The eastern branch of tittle Brier Creek Is designated as a greenway, and must
be dedicated as Common open space for the development (50' from the bank on
each side).
THOROUGHFARE
I COLLECTOR
PLAN: Dedicatlon of right-of-way and construction of the following streets are required
by the Thoroughfare and Collector Street Plan:
TW Alexander Or, 120' (2) 2$' with median (40' min) it
Brier Creek Parkway`{ 120' (2) 28' with median (40' min)
ACC Blvd" 80' 50' bib
us 70 sufficient turn lanes / signals
Ramp at US 70 shown on MP shown on MP (41' b/b) as per RDOT
Additional- right-of-way to be dedicated is reimbursable under the facility fees
program in excess of 601. The difference between the required 41' street with
curb, gutter and sidewalk and the proposed construction Is reimbursable.
Reimbursement Is to be as per 10-3024, but in no circumstances will the
reimbursement rate exceed that In the Thoroughfare District. Phasing of
construction shall be as per Exhibit E, Included in the Master Plan documents.
No reimbursement Is available for the relocation of ACC Boulevard.
'Slope easements may be appropriate where tracts In future phases are sold to
other developers. In this case, these slope easements are not eligible for
reimbursement by the City.
*'ACC Boulevard between Brier Creek Parkway and T)N Alexander Drive can be
constructed to collector street standards (41' b/b on 60' right-of-Way)
"'Brier Creek Parkway cross sectlon north of TW Alexander Drive to be
determined at tie time of construction drawing approval.
TRANSIT: The following transit-oriented features of this site are Incorporated into the
proposed plan: Applicants have agreed to at least 2 sites for transit stops within
the Master Plan area. Pedestrian connections from each building to the transit
facilities will be constructed. This site is presently not served by the existing
transit system.
11/171W MP-1-2= RUBY JONV$ TRACT
11

Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Web Page: www.SandEC.com
01 0 2 9 3
February 26, 2001.
S&EC Project # 00-4495
NCDENR - DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 1.20
Raleigh, North Carolina 27607 Raleigh, North Carolina 27615
RE: Nationwide Permit 14 (404 and 401) Request
"Linear Project" Brier Creek Parkway extension
Wake County, North Carolina Cr, ,
Dear Mr. Dorney and Ms. Jones:
On behalf of Stratford Land Investments (property owner), we request
authorization to use Nationwide Permit 14 to cover impacts to jurisdictional
surface waters (i.e. stream channel) for the subject project. A Pre-construction
Notification Form is attached.
The proposed extension of Brier Creek Parkway consists of the road construction
and the crossing of one "unimportant" jurisdictional channel feature. The road
corridor is located between two tributaries to Little Brier Creek. The proposed
channel impact area is located north east of the existing intersection of ACC
Boulevard and Highway 70 in Wake County, North Carolina (see attached USGS site
vicinity map).
The proposed perpendicular crossing of the four lane Brier Creek Parkway
extension will impact 185 linear feet of "unimportant" jurisdictional channel
(0.0127 acres). The width of the impact is 3 feet (i.e. less than 200 feet). The road
crossing has been redesigned to avoid impacting Neuse River Buffers and to
avoid additional impacts to jurisdictional areas.
Because the impacted section of stream is not believed to be important or
perennial, there should be no stream or wetland mitigation required. However,
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] • [phone] • [phone]
February 21, 2001
S&EC Project # 99-4495
Page 2 of 2
if any mitigation is required our client proposes payment to the Wetland
Restoration Program.
Please note that Mr. Todd Tugwell of the USACE, Raleigh Regulatory Field
Office approved the wetland delineation on September 9,1999 (Action ID #
199921331).
Mr. Charles Brown of the NC Division of Water Quality (DWQ) confirmed the
channel features subject to the Neuse River Buffers on August 20, 1999. His
findings are contained in the attached letter (NBRRO 99196) and reflected on the
attached impact map. The proposed road extension has been realigned to avoid
the Neuse Buffers completely.
Please call me at [phone] if you have any questions, require additional
information, or would like to schedule a site visit.
Sincerely,

Sean Clark
Environmental Scientist
Attachments: 1) Pre-construction Notification Form
2) USGS Site Vicinity Map
3) Site Plan/ Impact Map
4) Agent Authorization Form
5) Upland Data Form (No wetland data form, channel impact only)
6) $475 check for 401 certification fee
7) Neuse Buffer Confirmation Letter
8) Copy of Thoroughfare / Collector Plan (pertinent section only)
01029 3
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 14
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Stratford Land Investments
2. Mailing Address: 8100 Lomo Alto Suite 208
Subdivision Name:
City: Dallas
State: Texas Zip Code: 75225
Project location address, including subdivision name (if different from mailing address
above): The proposed Brier Creek extension is located north east of the existing, intersection of
ACC Boulevard and 11ighway 70 in Wake County North Carolina (see attached USGS site
vicinity map).
3) Telephone Number (Home): N/A
(Work): [phone]
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road
Raleigh, NC 27614
Fax: [phone]

5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Raleigh
Specific Location (include road numbers, landmarks, etc.): The proposed Brier Creek
extension is located north east of the existing intersection of ACC Boulevard and HighwaX
70 in Wake County North Carolina (see attached USGS site vicinity map).
6. Impacted or nearest stream/ river: Unnamed tributary to Little Brier Creek
River Basin: Neuse River Basin
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ? NO ® If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? NO ® If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO ® If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: N/A
9b. Estimated total number or acres of wetlands located on project site: N/A
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.0127 acres(unimportant channel)Excavation:
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.0127 acres
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 185 linear feet (unimportant channel) After:
Width Before (based on normal high water contours): 3 feet
Width After:
Average depth before: 0-2 inches After:
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel:
Channel Excavation: ? Construction of a Dam/ Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? N/A
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
The project will include the construction of a public road included on the thoroughfare
plan The construction will employ the use of mechanical equipment typically used to
complete such work.
13. Purpose of proposed work: The proposed Brier Creek extension will eventually Iie
highway 70 to T.W. Alexander Parkway.
4
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): The proposed Brier
Creek extension is on the thoroughfare collector plan for the City of Raleigh. The
jurisdictional features have been flagged and approved by the USACE and the streams
subject to the Neuse River Buffers have previously been determined. The jurisdictional
areas and the buffered areas were avoided as much as possible when planning the road
crossings. The Neuse Buffers were completely avoided.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of 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. Date contacted: (attach responses from these agencies).
N/A to be completed by the USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
N/A to be completed by the USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
A
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14,18, 21, 29, 38 and 39). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
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 the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Commercial and Industrial
If applicable, what is proposed method of sewage disposal?
g. Signed and dated agent authorization letter, if applicable.
Attached
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
?-? February 26, 2001
Owner's/Agent's Signature Date
[Agent' s signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
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701 • • INTERIOR--GEO OGICAL SURVEY, RESTON, VIRGINIA-1987 35 ° 52'30"
702 703000m E. 79'45'
ROAD CLASSIFICATION '-AV
Primary highway, Light-duty road, hard or
hard surface_ improved surface
Secondary highway,
hard surface Unimproved road_ ----
( ) Interstate Route U. S. Route ( ) State Route

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GRAPHIC SCALE
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PHAS[: 1 WETLANC IMPACT SUMMARY Fpm
AREA LJNEAR
MIPACI 11PE E•
7 CH 555 185

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0Q` pKi c 4 JOHN A. EDWARDS alt COMPANY r¢5 01 1' 400' Consulting Engineers ALEXANDER PLACE
333 Wade Ave., Raleigh, N.C.
NC
e Phone [phone] ,
RALEIGH NORTH CAROLINA
"L M0 ° n
R FAX [phone]
E-mail lnfo0joeco.com JAEYASWR - . PHASE 1 WETLAND IMPACT MAP
DATE
„ REVISION BY
08/10499 09:35 FAX [phone] ELAN TODD d'AMBROSI 10002
soil & Environmental Consult=its, Inc,
244 vt7est Millbrook Road ¦ Raleigh, North Carolina 27609 0 [phone] F Fax (919) W-946'
AGENT A=ORMATION FORM
Bla?rtks To Lle Filled B e Currexnt wnex
Name: 5?+ rcj z, vesfn? s
RIO 10 41/o S? 2063 7a11as Teups 7SZ2S
Address; d 4d
Phone: C?2l4 ?o ?o- 3!0<03
Project Name/Desctipti=
fi
Date: ;d..6Lsf to, X999
The Department of the Army
U.S. Army Corps of Enters, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn:
Field Office: Pi
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
MIN, ownex, hereby designate and authorize Soil & Environmental Consult , Inc, to
L the current
act in my behalf as my agent in the processing of permit applications, to #umish upon recltx day
su plemental hdozaaatian in support of applications, etc. from this day forward. The _ ID - Y o
us+ /999
0
This notificatiork supersedes any previous correspondince concerning the agent for this project.
NOTICE: This authuAmtion, for liaba7ity and prae'"i arW catutesy reasons, is valid only for
government officials to enter the property when accompattted by S&EC staff. You abould c3U S&EC
to arrange a site meeting prior t4 visiting the site.
F7411,?1P WIC<` ; 114S PFf'S' ,.
Print Property Owner's Name
cc: Mr. John Dorsey
NCDEH & NR - DWQ Water Quality Planting
"01 Reedy Creek Road
galeigh, NC 27607
property r? sig>?a?
cc: Mr. Kevin Martin V
Soil & Environmental Consultants, Inc.
agmtfm
Soil/Site EN-a1t?ation -3 atappto and Physical Analysis ¦ wetlands Mapping and Mitigation 0 En\-ironmental Av(
g
On-site Waste Treatment Svstems, Uakiftdon and Design
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ruby Jones Tract / 99-4495up Date: 8-9-99
Applicant/Owner: Stratford Land Inestments County: Wake
Investigator: Sean Clark State: North Carolina
Do normal circumstances exist on the site? Yes Community ID: Basic Mesic Mixed HardwoodForest
Is the site significantly disturbed? No
(Atypical situation) Transit ID: upland areas
Is the area a potential problem area? No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Pinus taeda Tree FAC 9. Quercus rubra Tree FACU
2.Quercus alba Tree FACU IO.Prunus serotina Tree FACU
3. Polystichum acrostich. Herb FAC II.Oxydendrum aboreum Tree NI
4.Cornus florida Tree FACU 12.Liquidambar styraciflua Tree FAC+
5.Juniperus virginiana Tree FACU 13.Acer rubrum Tree FAC
6.Euonymus americanus Shrub FAC- 14.0burnum rufrdulum Shrub FACU
7.Fagusgran difolia Tree FACU 15.Vitisrotundifolia Vine FAC
8.Smilax rotundifolia Vine FAC 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 40%
Remarks:
* community types taken from `Schafale & Weakley 1990'
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
(in.)
>12 (in.)
> 12 (in.)
Wetland HvdroloRv 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: No Indicators
S&EC Project # 994495up
son's
Map Unit Name
(Series and Phase): Creedmoor sandy loam
Taxonomy (Subgroup): Aquic Hapludults
Profile Descrip ion:
Drainage Class: moderately well
Field Observations
Confirm Mapped Type? Yes
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(iga.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure eic.
0-6 Ap 2.5 Y 5/2 sandy loam
6-12 AB 2.5 Y 7/4 sandy loam
Hyddc Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
* local USDA Soil Survey referenced
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Is This Sampling Point Within a Wetland?
Remarks:
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
No
No
No
No
1 11/1 J-L. L--
Personal Account Information Redacted

NCORlR
JAMES B. HUNT JR,
GOVERNOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 20, 1999
Mr. Kevin Martin
F
Soil & Environmental Consultants, Inc. AUG 5
244 West Millbrook Road
Raleigh, NC 27609
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 99 196
Ruby Jones Tract
Hwy 70 / ACC Blvd
Wake County
Dear Mr. Martin:
On June 25, and July 28 1999, I conducted site visits of the features involved in
the above referenced project. It was determined as a result of the site visit that the water
bodys / channels present on the property were intermittent streams and therefore subject
to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). The enclosed site map contains the streams and the buffers that are
protected under the Neuse River Basin Plan. The streams are unnamed tributarys of
Sycamore Creek.
This office has assigned the reference number of NBRRO 99 199 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or
if you have any additional questions concerning this letter, please do not hesitate to
contact me at 571-4700 ext. 245.
S' rely
ar 4esr
Environmental Specialist
cc: RRO Files / John Dorney
:\neusbuf.let\nbr99196.1et
3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
01/25/2001 17:51 JOHN A. EMPRDS & CO. 4 8469467
r
Case File / Name: MP-1-2000 Ruby Jones Planned Development Master Plan
General Location: US 70 West at Srier Creek Parkway
Planning District
I CAC: Umstead / Northwest
Nature of Case: Approval of Planned Development Conditional Use Overlay Master Plan
Contact: Holt, York, McDarris / Jerry Turner Associates
issues: Current zoning allows a wide variety of land uses In accordance with a general
plan provioysly approved by Clty Council, and requires 50' min. tree protection
areas along all thoroughfares. The proposed Planned Development District
substitutes some additional density / intensity standards and replaces tree
protection requirements with specific streetscape standards. Companion case
(Z-57-00, SC-CUD) allows substantially more retail at this location than existing
zoning.

r:.

- .?..• iw

? taMa Y?i
MP-/
NO. 312 902
OR# 10162
Casa f=ile, M13-1-00
-Certified Recommendation
of the City of Raleigh Planning Commission
1
1u17ro0 UP-1-2006 RUBY .7oNrmsTRACT
01/25/2001
17:51 JOHN A. EDWARDS 8 CO. 8469467
NO. 312 P03
CRO 10162
Case Fite: MP-1-0o
CITY COUNCIL.: The City Council or Planning Commission (depending on
whether the proposed use is designated for CC or PC approval in City Code
Section 10-2132.2), will approve site plans for development tracts under the
procedures in 10-2132.2 Where a change In land use or an expansion or
reduction of greater than 1 o% Is proposed in a development tract. The City
Council, after a recommendation by the Planning Commission, shall approve any
hotel use that exceeds 600 units, and shall approve any substantial change in
location or any expansion or reduction of retail areas as determined by the
Planning Director. City Council and the Board of Adjustment will approve all
Special Use Permits that may be required for uses within the Master Plan area.
City Council, after a recommendation from the Planning Commission, shall
approve any change in the Master Plan not addressed above-
COMPR(°MMIVE
PLAN:
GREENWAY: The eastern branch of Little Brier Creek Is designated as a greenway, and must
be dedicated as Common open space for the development (50' frorn the bank on
each side).
THOROUGHFARE
/COLLECTOR
PLAN: Dedication of right-of-way and construction of the following streets are required
by the Thoroughfare and Collector Street Plan:
street- RnW r!AMClwnwi d___ r
TW Alexander Dr. 120' (2) 2$' with median (40' min.)
Brier Creek Parkway-` 120' (2) 28' with median (40' min) '
ACC Blvd*' so' 60' b/b
us 70 sufficient turn lanes / signals
Ramp at US 70 shown on MP shown on MP (41' b/b) as per RDOT
Additional- right-of-way to be dedicated Is reimbursable under the facility fees
program in excess of 601. The difference between the required 41' street with
curb, gutter and sidewalk and the proposed construction Is reimbursable.
Reimbursement Is to be as per 10-3024, but in no circumstances will the
reimbursement rate exceed that in the Thoroughfare District. Phasing of
construction shall be as per Exhibit E, Included in the Master Plan documents.
No reimbursement is available for the relocation of ACC Boulevard.
'Slope easements may be appropriate where tracts In future phases are sold to
other developers. In this case, these slope easements are not eligible for
reimbursement by the City.
'*ACC Boulevard between Brier Creek Parkway and TW Alexander Drive can be
constructed to collector street standards (41' b/b on 60' right-of-Way)
'Brier Creek Parkway cross section north of TW Alexander Drive to be
determined at the time of construction drawing approval.
TRANSIT: The following transit-oriented features of this site are Incorporated into the
proposed plan: Applicants have agreed to at least 2 sites for transit stops within
the Master Plan area. Pedestrian connections from each building to the transit
facilities will be constructed. This site is presently not served by the existing
transit system.
11117MO MP-1-MM RUBY JONES TRACT
11