20010625 Ver 1_COMPLETE FILE_20010425

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 1, 2001
DWQ# 01-0625
Wake County
The Stephens Center, Inc
319 Chapanoke Road
Raleigh, INC 27603
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Sirs
You have our approval, in accordance with the attached conditions, to place fill in 120 linear feet of tributaries to Richard's Creek in
order to conduct road construction on your property in Wake County, as described in your application received by the Division of Water
Quality on January 23, 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 Numbers 14 when it is issued by the U.S. Army Corps
of Engineers. 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 . Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of
the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
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,
. Attachment

cc: Corps of Engineers RaleighField Office
Raleigh DWQ Regional Office
Central Files
File Copy
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)
440-
16 April 2001
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Web Page: www.SandEC.com
Ms. Amanda Jones t,
U.S. Army Corps of Engineers,,,-' Raleigh Regulatory Branch
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
iltt J-

Mr. John Dorney
/. N.C. Division of Water Quality
Parkview Building
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Proposed Ligon Mill Road and Brimfield Springs Lane Extensions, Wake Forest, Wake County,
North Carolina
Pre-Construction Application for Nationwide Permit 14, 401 Certification, and Neuse Buffer
Impact Approval.
S&EC Project No. 01-6028.
010625
Dear Mr. Tugwell and Mr. Dorney,
Soil & Environmental Consultants (S&EC) is submitting on behalf of The Stephens Center, Inc. a Pre-
Construction Application (PCN) for proposed impacts to a stream ("waters of the U. S.") and Neuse River
Riparian Buffers located within the subject property. The approximately 30-acre property is located
approximately 2,000 feet northeast of the U.S. 1 and Highway 1-A (S. Main Street) Intersection and is
bound by Orchard Park Subdivision to the east and Highway 1-A to the south. A USGS topographic map
and Wake County soil map depicting the limits of the property boundary have been enclosed. This project
site is located in the Neuse River Basin, USGS Unit Code 03020201.
S&EC evaluated the project site in January 2001, for the presence of stream channels and wetland areas
within the proposed road extension alignments. Two intermittent stream channels were identified within
the immediate proximity of the road alignments but no wetland areas were observed. Wetland areas were
observed on-site. These wetland areas were observed downstream of the road alignments located C
immediately adjacent to the intermittent stream channels and within the Neuse Buffer. No wetland features
were flagged or observed within the proposed road corridors. r
The proposed stream impact will result from the extension of Brimfield Springs Road. Construction of the
road crossing will require the installation of a 60-inch RCP in waters of the U.S. in order to continue
conveying surface water. Channel impacts are limited to 120 linear feet including the rock dissipator pad
or 0.008 (360 ft2) of waters of the US. The proposed road crossings will complete a previously stubbed out
Brimfield Springs Road that will connect to the proposed Ligon Mill Road Extension.
During the site evaluation, two intermittent stream channels were identified within the project site. These
channels were evaluated and their origination points subject to the Neuse Riparian Buffer Rule were
identified. Mr. Steve Mitchell of the Raleigh-N.C. DWQ Office determined and subsequently confirmed in
writing these origin points. The buffer confirmation letter has been has been enclosed. Bass, Nixon, and
Kennedy surveyed the intermittent stream channels located on-site.
Proposed allowable impacts to Neuse Riparian Buffers consist of 0.187 acres of Zone 1 and 0.052 acres of
'
s
Zone 2 for the Brimfield Springs Road Extension (Figure 2). According to the design engineer
oint for
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justification letter enclosed, Alberbury Commons
Orchard Park, will be limited to a right-in, right-out intersection following the construction of Brimfield
Springs Road and Ligon Mill Extension. Ligon Mill will become a signalized intersection providing access
to and from Orchard Park via Brimfield Springs. The Brimfield Springs crossing consists of a nearly
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]
,&
perpendicular road alignment and appropriately designed and positioned stormwater outfall facilities
resulting in a minimal impact to the existing buffers (Figure 2).
Exempt activities proposed within the Neuse Riparian Buffer that will occur during the construction of the
Ligon Mill Road Extension consist of the grading and subsequent re-vegetation of a minor portion of Zone
2 located to the east of the proposed road alignment (Figure 1). Notification of the Ligon Mill Road
Extension is a professional courtesy since the proposed alignment will only temporarily impact Zone 2
(filling and grading) and this area will be re-vegetated immediately following completion. The total impact
to the buffer was minimized by shifting Ligon Mill Extension to the southwest while remaining within the
property (Sheet 1). This alternative road alignment eliminated potential impact to Zone 1 and the
intermittent stream. All of the associated stormwater that will be collected from the proposed road
extensions of Brimfield Springs Lane and Ligon Mill Road will be dissipated utilizing 0° grade level
spreaders that will be located outside of the stream buffers, providing a diffuse flow pattern.
Total proposed impacts on-site are limited to 0.008 acres of waters of U.S. or 120 linear feet of impact to
intermittent streams. S&EC believes that impacts have been minimized and avoided to the greatest extent
practical in order to provide road access and to complete Wake Forest thorough-fare plan. Total riparian
buffer impacts consist of 0.239 total acres (Zone 1 and 2). The total riparian impact to stream buffers is
below the 1/3-acre limit. Per the Neuse River Riparian Rule, the proposed grading and re-vegetation of
Zone 2 is exempt from regulation. S&EC believes that minimization and avoidance of the remaining
natural features should be adequate mitigation for the USACE.
If there are any questions or additional information required in order to process these request do no hesitate
to call me at 919/846-5900 (office), 919/291-1075 (mobile), or email [e-mail].
Sincerely,
Soil and Environmental Consultants, Inc.
Peter A. Jelenevs
Project Manager/ ' ogist
Enclosures: 1) PCN Application
2) Agent Authorization Form
3) Proposed Site Plan (3) Sheets
4) Wake Forest, N.C. (1993) USGS Topographic Quadrangle.
5) Wake County Soil Survey (1970)-Sheet 14
6) Engineer's Justification Letter and Supporting Documentation
7) Neuse Buffer Confirmation Letter
8) DWQ Processing Fee $200

DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 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: The Stephens Center, Inc.
2. Mailing Address: 319 Chapanoke Road
Subdivision Name:
City: Ralei h
State: N.C. Zip Code:
Project location address, including subdivision name (if different from mailing address
above): Ligon Mill Road Extension and Brimfield Spring Lane Extension from existing tub-
outs.
3) Telephone Number (Home): (Work): 919-779-8649
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
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: Wake Forest
4&
Specific Location (include road numbers, landmarks, etc.):
Project site is located approximately 2,000 feet northeast of the U.S. I and Highway 1-A (S.
Main Street) Intersection and is bound by Highway 1-A to the south
6. Impacted or nearest stream/river: Richlands Creek
River Basin: Neuse
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: 30
9b. Estimated total number or acres of wetlands located on project site: =1
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.008 Excavation:
Flooding: Other:
Drainage: Total acres to be impacted: 0.008
•
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 120
Width Before (based on normal high water contours): 3
Width After: 0
Average depth before: 1
After: 0
After: 0
(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 8 1/2" x 11" drawings only):
Construction of a road crossing utilizing a 60-inch RCP in order to complete a portion of
Wake Forest's thru-fare plan that includes Brimfield Springs Lane Equipment will consist
of typical construction equipment including track-hoes graders front-end loaders, etc.
13. Purpose of proposed work: To construct and extend Brimfield Springs Road to Ligon
Mill Extention
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): Purpose of the road is
to provide Orchard Park access to US 1 A via Brimfield Springs Road because Aberbury
Commons Court will be limited to a right-in right-out only intersection, per the town's
regional plan. Subsequently, Ligon Mill Extension/US 1A intersection will become
signalized providing Orchard Park vehicular access The Brimfield Springs Road fill has

been minimized as much as possible by aligning it as close to perpendicular as possible while
adhereing to current road construction requirements (i.e. acceptible horizontonal and
y
vertical geometry)Ligon Mill Extension was shifted to the northwest to the propert
boundary to avoid potential stream impacts.
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).
Performed by_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:
Performed by 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.
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].
4&
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, 26, 29 and 38). 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? commerical and residential
f. If applicable, what is proposed method of sewage disposal? municipal
g. Signed and dated agent authorization letter, if applicable.
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.
io?- l & ., l 200
Owner's/Agent' s Sig ture Date
[Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
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FIGURE
GRAPHIC SCALE
1" = 40'
1
1 40 0 40 80

- a
FIGURE
2.
NEUSE BUFFER
ZONE 1 IMPACT
TOTAL = 0.187 AC.
NEUSE BUFFER
ZONE 2 IMPACT
TOTAL = 0.052 AC.
STREAM LENGTH:
98.1 LIN. FT.
+ DISSAPATOR PAD:
20 LIN. FT.

GRAPHIC SCALE
1" = 40'
40 0 40
j
Site

"H CAROLINA - SHEET NUMBER :4
..
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
February 21, 2001
Peter Jelenevsky
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
11kT?0W'J
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAwuRAL RESouRGE9
f? C C , n `' ,-, rf.l
D
FEB 2 7 ?001
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 01-047 & 00-231
Ligon Mill & Brimfield Springs Lane Extensions
S & E C Project # 00-6028
Wake County
Dear Mr. Jelenevsky:
This letter is being written in response to your request for concurrence on the buffer determinations made
by S & E C at the subject property referenced by the Raleigh Regional Office as NBRRO 01-047. As stated
in your letter, I determined the starting points for the two subject features located on this property in July
2000. These two features are 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 map and other information received by this Office on February 7, 2001 details their
position on the property.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetland
and other impacts, please contact the Central Office at 733-1786. Thank you for your attention to this matter
and if this Office can be of any assistance or if you have additional questions, please do not hesitate to
contact us.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO/John Domey
Wake County
H:\nbrlet. for\neuse.buf\buf 01 \wfrdextn.047
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
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MEMORANDUM
DATE: April 5, 2001
FAX NO. : 919-570-1362• Apr. 05 2001 03:47PN P1
BASS, NIXON & KENNEDY, INC„ CONSULTING ENGINEERS
10405-A LIGON MILL ROAD, WAKE FOREST, NC 27587
9191570-1360 FAX [phone] [e-mail]
O: Peter Jelenevsky, Biologist
Soil and Environmental Consultants
FROM: Keith A. Tow, PE
REF: Proposed Extension of Brimfield Springs Lane
To Ligon Mill Road
Pursuant to our conversation on April 3, 2001, this is a Letter of Justification for the
above referenced roadway to cross the Neuse River Buffer as shown on plans
prepared by Bass, Nixon & Kennedy, Inc., and attached herewith. Supporting
documentation also includes an exhibit map of the surrounding area, an excerpt from a
traffic impact analysis performed by Dr. Paul Cribbins, PE in October 1995, a
conditional Letter of Approval from the Town of Wake Forest and a map showing
proposed impacts.
To summarize existing conditions, Orchard Park is a 29 lot residential subdivision
consisting of a single cul-de-sac with a full service entrance to US Hwy 1A (Entrance
"C") and one stub street, Brimfield Springs Lane. The adjacent property, Tract 2, is
recorded in Map Book 1998, Page 916. This map reserves a r.o.w. corridor for the
future extension of Brimfield Springs Lane to Ligon Mill Road. It is noteworthy that the
Orchard Park development was reviewed, approved and constructed in the field prior to
the enactment of the current Neuse River Buffer Rules.
Due to left turn traffic projected to be generated on US Hwy 1A by the school just north
of Orchard Park, Dr. Cribbins recommended in his report that Entrance "C" ultimately
become a right-in and right-out intersection only. The Town of Wake Forest
subsequently granted an interim measure to allow the development of Orchard Park
with a full service entrance to US Hwy 1A contingent upon Brimfield Springs Lane being
connected to Ligon Mill Road Extension in a future phase of construction, upon which
time Entrance "C" would become a right-in and right-out only intersection as was
originally recommended. Their intention was to thereby provide Orchard Park residents
access to the Ligon Mill Road and US Hwy 1A intersection, which is projected to
become signalized in the near future.
-C WAKE FOREST
FAX NO. : 919-570-1362 Apr. 05 2001 03:47PM P2
In conclusion, please be aware that much effort has been exhausted to minimize the
Neuse River Buffer impacts as much as possible with regards to grading, utility, storm
drainage, and soil erosion control design. Do not hesitate to contact me should you
have any questions and thank you for your assistance in expediting this matter.
P°spectfully submitted.
-2-
Fc•? 1 : BNK WAKE FOREST
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FAX NO. : 919-570-1362 Apr
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FAX NO. : 919-570-1362
SECTION IV
SUMMARY AND RECOMMENDATIONS
Apr. 05 2001 03:49PM P4
Traffic projections and capacity analyses indicate that the
proposed Ligon Mill Center will generate very light traffic volumes
during both peak hours. Utilizing the four planned entrances as
designed, this new traffic can be safely and efficiently distributed to
the existing roadway system.
The following specific findings and recommendations related to the
critical traffic issues at this site are listed below:
1. US 1-A/Entrance C - Because this intersection will experience
light turning volumes and because it is located close to the
entrance to the Middle School on US 1-A where inbound school
buses are queuing/ for left turns, it is recommended that this
intersection be designed for right turns only in order to reduce
congestion on US 1-.A.
lam 2. US 1-A/Entrance D -- This intersection, which will eventually
141
need to accommodate an entrance to future development on the
east side of US 1-A, is recommended to be designed as a full
service entrance.
20
Z??
3NK WAKE FOREST FAX NO. : 919-570-1362 Apr. 05 2001 03:49PM P5

It will operate efficiently at full buildout of the site and
although outbound left turns will experience lengthy delays by
2005, they are very light volumes and have a convenient
alternative (Entrance A) by which to reach US 1-A. No traffic
signal is recommended at this location unless signal warrants
are met when the property across US 1-A is developed.
3. US 1-A/Li on Mill Road - In spite of the absence of a protected
' left turn lane on the southbound approach, this intersection is
presently operating efficiently with stop sign control on Ligon
Mill Road. When Ligon Mill Road is extended northward into the
site, additional through lane capacity will be needed on US 1-A
and a traffic signal will be needed at this location when signal
warrants are met. it is recommended that, when US 1-A is
widened to a five-lane cross section, a request to the North
Carolina Department of Transportation for a Signal Warrants
Study be made by the Town of Wake Forest.
4. Interim Treatment of Entrance C -- It is understood that only
about 30 single-family residences will be constructed along the
public street served by Entrance C during the first phase of
site development. Since this portion of the street can be
r
accessed only from Entrance C, it is recommended that, as an
interim measure until the Ligon Mill Road Extension and the
remainder of the public street can be constructed, Intersection
C be allowed to operate as a full service entrance with left
turns permitted.
21 ???
F?M BNK WAKE FOREST

Mr_ Sanford Bailey
P C Drawer 1859
Wake Forest, NC 27588
Re: Site Plan
Ligon Mill Center, Phase I
Dear Mr. Bailey:
January 3, 1996
aa? 5'996
?'SE 100A
NN?bY
At its meeting on December 19, 1995, the Wake Forest Board of Commissioners approved the
subdivision site plan for Ligon Mill Center, Phase 1 _ This approval is valid for a period of twelve
(12) months from the approval date- Conditions of approval are:
1. US-1A shall be widened to 1/2 of a five-lane cross section from Ligon Mill Road
to north property line. Improvement shall be completed with the development
of the apartment site.
2. Construction of the Ligon Mill Road extension shall be required with the develop-
ment of the.apartm_ ent site or the construction of more than thirty (30) single-
family lots, . -_.
3_ The entrance to the single-family lots offUS-lA (Entrance C) shall be right-turn
only and shall include a median. This entrance may be a full service entrance, as an
interim measure, for the development of thirty (30) single-family lots. Additional
single-family lot development or the development of the apartment site shall
require the entrance to be restricted to right turn movements.
4. Provide a 20-foot wide type "A" bufferyard along property line adjacent to middle
school property.. Provide a 50-foot wide type "A" bufferyard along property line
adjacent to Huyck property-
The nex step is the site plan review process is the preparation of the final construction drawings.
If you have questions, please do not hesitate to call me at 5546142.
Sincerel
4
Chip Russell, AICP
Planning Director
IPJrha
FAX NO. : 919-570-1362 Apr. 05 2001 03:49PM P6
ten, 4 C
401 ELM AVENUE WAKE FOREST, N. C. 27587
PHONE [phone] FAX [phone]

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6028
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