20191239 Ver 2_401 Application_20200212

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February 12, 2020
US Army Corps of Engineers
Raleigh Regulatory Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
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NC Division of Water Resources
401 & Buffer Permitting Unit
Attn: Ms. Karen Higgins
512 N. Salisbury Street
Raleigh, NC 27604
Re: Baker Estate Property
Request for NWP 29/GC4139 & Riparian Buffer Compliance ®p*
NCDWR Project #20191239 �77
USACE #SAW-2019-01918
Sage Project #2019.85
On behalf of Ms. Amy Baker Bynum, Ms. Laura Baker Costa, & Mr. Charles L. Baker Jr.
(applicants and owners), please find the attached complete application and supplemental
information requesting written concurrence from the US Army Corps of Engineers (USACE) that
the proposed activities on the Baker Estate Property (Project) may proceed under Nationwide
Permit (NWP) 29 and General Certification (GC) 4139 and comply with the Neuse River Basin
Buffer Rules.
Project Summary and Purpose
The +/-32.99-acre subject property is located at 10133 Old Stage Road in Wake County and has
a City of Raleigh address. The property was inherited by three siblings from their deceased father
and will be divided into three approximately equal parcels. Two houses exist in the northwestern
and southwestern portions of the property but a home does not exist in the eastern sub parcel.
The proposed project includes the construction of a single-family residential home with associated
driveway access and utilities on the eastern sub parcel. Wake County lists the current parcel PIN
as 0698-86-8036. The approximate center of the property is located at Latitude: 35.6347030 N;
Longitude: 78.513854' W.
Project Detail
The overall project consists of the construction of a single-family residential home. Proposed
driveway construction will result in permanent wetland, surface water, and riparian buffer impacts.
Utilities for the proposed project will connect to those existing on the Site. Heavy equipment
typically used for utility installation projects (e.g. back hoes, bull -dozers, etc.) will be utilized.
Baker Lstate Proje[ Page 1 of j

No federally threatened or endangered species are listed to occur within 1 mile of the Project
according to the NC Natural Heritage Program (NHP) Database (see attached report dated
October 3, 2019).
The Site itself is designated as a Study List property (WA1214 — B.N. Ferrell House). There are
six historic properties located within 0.5 mile of the Site based on a query of the North Carolina
State Historic Preservation Office (NCSHPO) database. The house located on the property will
be lived in and maintained by one of the owners.
Project History
The Site consists of a combination of agriculture, pasture, and undeveloped wooded land. Cattle
are currently kept in the central portion of the property where the proposed impacts will occur.
Two single-family residential homes and associated outbuildings are located in the northwestern
and southwestern portions of the property near Rock Service Station Road. Several large
agriculture fields are bisected from north to south by a forested corridor in the center of the Site,
while the eastern edge is forested and undeveloped. Mr. Sean Clark and Ms. Kim Hamlin of Sage
Ecological performed a wetland, stream, and riparian buffer determination on May 1, 2019. A
preliminary jurisdictional determination package was submitted on October 3, 2019.
Avoidance and Minimization
The proposed driveway was aligned so as to avoid impacting the pond closest to Rock Service
Station Road. The driveway was also angle slightly prior to crossing the drainage to minimize
impacts to the smaller pond in the center of the property. Other than the proposed driveway
crossing, no other wetland, stream, or riparian buffer impacts are proposed. Construction fencing
will be used to define the construction corridor and prevent any accidental additional impacts. Silt
fencing will be installed to provide additional protection from runoff.
Proiect Impacts
Proposed permanent stream impacts total 82 Linear Feet (LF) as a result of culverting for a
driveway crossing. Temporary stream impacts total 20 LF for dewatering to install the culvert.
Driveway construction will also result in permanent wetland impacts of 0.099-acre and temporary
wetland impacts of 0.039-acre. Permanent open water impacts from driveway construction will
total 0.0235-acre. Permanent riparian buffer impacts from the driveway construction will result in
Zone 1 impacts total 4,522 square feet and Zone 2 impacts total 2,455 square feet.
Mitigation
Permanent stream impacts have been minimized to less than 150 LF, therefore no stream
mitigation is proposed. Permanent wetland impacts have been minimized to less than 0.1-acre,
therefore, no wetland mitigation is proposed. Riparian buffer impacts are "Allowable" per the Table
of Uses; therefore, no riparian buffer mitigation is proposed.
Baker Estate Project Page 2 of 3

If you have any questions, please call me at [phone].
Sincerely,
Kim Hamlin
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Baker Estate Stream Appeal Letter (DWR Project #20191239)
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3-Wetland/Stream Sketch Map
NCNHP Database Query Report
Impact Maps (3 sheets)
Baker Estate Project Page 3 of 3

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Baker Estate
2b.
County:
Wake County, NC
2c.
Nearest municipality / town:
City of Raleigh
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Amy Baker Bynum, Laura Baker Costa & Charles L. Baker Jr.
3b.
Deed Book and Page No.
DB: 18-E DP: 3068
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
9708 Old Stage Rd.
3e.
City, state, zip:
Raleigh, NC 27603
3f.
Telephone no.:
919-291-9005
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Mrs. Kim Hamlin
5b. Business name
(if applicable):
Sage Ecological Services, Inc.
5c. Street address:
3707 Swift Drive
5d. City, state, zip:
Raleigh, NC 27606
5e. Telephone no.:
919-244-0623
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
0698-86-8036
1 b. Site coordinates (in decimal degrees):
Latitude: 35.634703' N Longitude: 78.513854° W
1 c. Property size:
+/- 32.99 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Little Creek
2b. Water Quality Classification of nearest receiving water:
QNSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application.
The Site currently consists of a combination of agriculture, pasture, and undeveloped wooded land. Cattle are kept
currently in the central portion of the property. Two single-family residential homes and associated outbuildings are also
on the Site located along Old Stage Road and in the southwestern most corner. Several large agriculture fields are
bisected from north to south by a forested corridor in the center of the Site, while the eastern edge is forested and
undeveloped. General land use in the vicinity includes rural residential, agricultural and pastureland, and undeveloped,
forested land.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 2.9 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1,806 LF and
0.09-acre open water
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to divide an inherited property between three siblings and provide reliable access
to the lot furthest from the road for the construction of a home.
3e. Describe the overall project in detail, including the type of equipment to be used:
The property is being split between 3 siblings that inherited it from their deceased father. The property will be divided
into three approximately equal parcels. The parcel located farthest from the existing road access requires the
installation of a driveway large enough to accommodate vehicles used for construction and the delivery of building
supplies needed for the construction of a house. Heavy equipment typically used for utility installation projects (e.g. back
hoes, bull -dozers, etc.) will be utilized.
4. Jurisdictional Determinations
® Yes ❑ No ❑ Unknown
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Comments: A PJD request package was submitted to
project (including all prior phases) in the past?
USACE on 10/03/2019 and Mr. Ross Sullivan confirmed
the delineation via email.
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Mr. Sean Clark & Ms., Kim Hamlin
Sage Ecological Services, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The PJD project number is SAW-2019-01918. The NCDWR completed a buffer appeal call (DWR Project #20191239)
on the property and issued a letter dated November 8, 2019 (see attached copy).
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 10
PCN Form — Version 1.4 January 2009

6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers ® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number
Type of impact
Type of wetland
Forested
Corps (404, 10) or
Area of
Permanent (P) or
(if known)
DWO (401, other)
impact
Temporary (T)
(acres)
Site 1 - P
driveway
Bottomland
Hardwood
Yes
Corps
0.0994
Site 1 - T
driveway
Bottomland
Hardwood
Yes
Corps
0.0395
2g. Total wetland impacts
0.1389
2h. Comments: Permanent wetland impacts = 0.099 acre and Temporary wetland impacts = 0.039 acre as a result of
driveway construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average stream
Impact
number
(PER) or
width
length
Permanent (P) or
intermittent
(feet)
(linear
Temporary (T)
(INT)?
feet)
Site 1 - P
Driveway
SB
INT
Corps
4
82
Site 1 -T
Driveway
SB
INT
Corps
4
20
3h. Total stream and tributary impacts
102
3i. Comments: Driveway crossing results in permanent impacts = 82 LF and temporary impacts = 20 LF
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indiv dually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of
impact number -
waterbody
Type of impact
Waterbody type
Area of impact
Permanent (P) or
(if applicable)
(acres)
Temporary
Site 1 - P
Pond 1
Fill
Pond
0.0235
M. Total open water impacts
0.0235
4g. Comments: Permanent open water impacts = 0.0235 acre for driveway construction
Page 4 of 10

5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Choose One
P2
Choose One
5f. Total
0
0
0
0
0
0
0
5g. Comments: This project does not propose Pond or Lake construction
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin?
® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer impact
number —
Permanent (P) or
Temporary
6c.
Reason for
impact
6d.
Stream
name
6e.
Buffer mitigation required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
Site 1 — P
Driveway
SB
No
4,522
2,455
6h. Total buffer impacts
4,522
2,455
6i. Comments: Total riparian buffer impacts in Zone 1 = 4,522 sf, and Zone 2 = 2,455 sf
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed driveway was aligned so as to avoid impacting the pond located closest to Rock Service Station Road. The
driveway was situated to divide the western portion of the property into two approximately equal parcels which dictated
the crossing location. No other wetland, stream, or riparian buffer impacts are proposed except for the driveway crossing..
Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt
fencing will be installed to provide additional protection from runoff.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental
additional impacts. Silt fencing will also be used to prevent sediment runoff into the stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The diffuse flow plan is part of the Stormwater Management Plan being
❑ Yes ® No
reviewed by the City of Raleigh.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
Less than 10%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: The project is a low density and does not
propose direct discharge into the stream or buffer.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Wake County
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Wake County
® Phase ll
3b.
Which of the following locally -implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
® Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The construction of the proposed project will not increase or decrease the liklihood of future development in the area. The
proposed project will not introduce in additional utilities to the area that do not already exist.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will utilize an individual septic system for the new house. The existing homes already use individual
septic systems.
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version

6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Database (2019) was queried and a report (dated October 3, 2019) was received from NCNHP
which identified no recorded federally listed species on the project site or within a 1-mile radius.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project takes place in Wake County which is not near any coastal or tidal habitat that would support EFH
(i.e. salt marshes, oyster reefs, etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/ The Site itself is designated as a Study List property (WA1214 — B.N. Ferrell House). There are
six historic properties located within 0.5 mile of the Site based on a query of the North Carolina State Historic Preservation
Office NCSHPO database. The existing house on the property will be lived in by one of the siblings.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center NC Flood Risk
Information System DFIRM Panel #0698; Dated May 2, 2006.
Kim Hamlin
02/12/2020
Date
Applicant/Agent's Printed Name
Applican gent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 10 of 10

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Pro}ext NamciDescription:
Sage Project # 2019.85
Date:
The Department of the Army
U.S. Army Corps of Engineers. Wilmington District
P.O. Box 1890
Wilmington. NC 28402
Attn: Ross Sullivan
Field Office: Raleigh
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It Mav Concern:
I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers
and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my
agent in the processing of permit applications, to furnish upon request supplemental information in support of
applications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Sage staff. Pie a contact Sage to arrange a meeting
prior to visiting the site.
BY: 'L-1-c Y� 0 l _N B
Print Nami of Landowner or lure f ando r or
c�.nresen iv •g Re res ntativ '

ROY COOPER
Governor
MICHAEL S. REGAN
Se(rrtary
LINDA CULPFPPER
Director
Ms. Amy Bynum
Ms. Laura Costa
Mr. Charles Baker, Jr.
9708 Old Stage Road
Raleigh, NC 27603
NORM CAROLINA
Environmental Quality
November 8, 2019
DWR Project # 20191239
Wake County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Area Protection
Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0233
Baker Estate
Location: 10133 Old Stage Road, Raleigh, NC
Dear Ms. Bynum, Ms. Costa, and Mr. Baker, Jr.:
On September 19, 2019, the Division of Water Resources (DWR) received a request from your agent,
Sean Clark of Sage Environmental to appeal an on -site determination made by the DWR Raleigh
Regional Office, NBRRO# 19-178, as provided in Title 15A NCAC 02B .0233. On October 10, 2019,
Paul Wojoski of DWR, conducted an on -site determination to review the features labeled as "Stream
B" an unnamed tributary to Little Creek, and "C/Pond 1", for applicability to the Neuse River
Riparian Area Protection Rules 15A NCAC 02B .0233.
During the review, Mr. Wojoski evaluated "Feature B" using the DWR Stream Classification Form
and "C/Pond 1". The results are below and photographs of these locations are attached.
Feature ID
Feature
*E/I/P/ Other
Subject
to Buffer
Start @
Stop @
Depicted on
Depicted on
Type
Rules
Soil Survey
USGS Topo
B
Stream
Intermittent
Yes
Culvert
Off Property
Yes
No
C/Pond 1
Pond
Other
No
Not Subject
Yes
Yes
* E=Ephemeral; 1=Intermittent; P=Perennial
This determination for "C/Pond 1" replaces the determination originally performed by the
DWR Raleigh Regional Office, for C/Pond 1 only as documented in their attached letter dated
August 1, 2019 and reference number NBRRO# 19-178. This determination shall expire five
years from the date of this letter.
•
�ar i. Ern ,s n at INa!er Resources
hen-th C-3.rnbna276W)
a+nr"•r ...>r�aro�+q' 1414.70741)00

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 2 of 7
This determination can be contested as provided in General Statute 150E by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at httt //wy w.p14aI Lor by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pin, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules to features on the subject property
and does not approve any activity within buffers or within waters of the state. If you have any
additional questions or require additional information, please call Paul Wojoski with DWR at (919)
707-3631.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; Aerial Map; USGS Topo; NRCS Soil Survey; DWR Stream ID Forms; Original
Letter from DWR Raleigh Regional Office
cc: 401 & Buffer Permitting Branch files
Sean Clark, Sage Environmental
Filename: 20191239-Bake rEstate_StreamAppeal ( Wake)

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 3 of 7
Feature B - Subject - Intermittent - Picture facing Southeast. 10-10-2019
Feature C/Pond 1- Ephemeral Channel Downstream of Feature C/Pond 1 - Not Subject - 10-10-2019

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 4 of 7
Aerial with reviewed features indicated
I
Jt
a'
s
°i Feature C/Pond 1 -
Not Subject
s
kit, CO-04�-I .11 I'A

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 5of7
NRCS Soil Survey - 10133 Old Stage Road, Raleigh, NC
V
I
USGS Map - 10133 Old Stage Road, Raleigh, NC
G
;XV I
6 1
01&
0004

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 6 of 7
NC DWR Stream Identification Form - Baker Estate
NC DNN Q Stream Identification Form Vvmiun 4.11
/0 - 0. 20/1 1 Prol"AlStle Lalwft:
County: AIAAW-
Totaf Points- Stream DAM&MInaurp (Circts oft) 0ow
30
Weak - -.— - , - - "-
A Geomorphology (Subtotal Absent T Weak Moderate strong_
+
2
2 &nuosity of 3
3 1neum*!stnN4ute ex rdft-pw peppool
2
PaMde set of streamsubstrate0 2 3
At*velreW 0
IZ?
i
Ft"Xim somw ddeposits3
0
Headem —2
0
--)
i I I SOCOM at Waslar order channel Yes ■ 3
a OfAdal *010" are Ow raved "t ftamom -P rManum
8 HydM4y AS� cql r 9' 2 3
3
0.1
W*$ or PM
0
17 No • 0
gy
18 F&ovs roots in
0
19 R vvlaM "s in GU#Ambed
Root .,- -EO.— 1. . 3 _J .0
20 MaF�f" lAotv.dNway and obnd 2 3
21 A QuaU Mogusks 2
22 Fan
2 th.. 1.5
24 Atnphbans
0
t-4 14-04 . .......... w
f.25 A!p"
24plane in &tt*w*4d faltt- ;"ilc 1al. ACW o 6 i6. 081 -15 t Othv 0
-OM-44 slwm M" &" be 1"*'w U" opw "*1-4& S" 0 a5 of "%SMuw
I OLAM�
Sketch

Baker Estate/Stream Determination Appeal
DWR Project #20190934
Page 7 of 7
Original Letter from DWR Raleigh Regional Office
i n
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S'­' N W.1 \,,h C rd . 0. .1 1
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­­—L, -1 11 — rl— S"M­ IPI; .1c Cht"(4 "SLb1W t­ d C, N MVWJrd
Ilb-1 41411 A— 011141 010"W­­4 A— t1l W 1—HI—d
�AV _5P.
1b, I——
OMW 1.1 A 8.17" 1'AWA�' V­ Ir IT",
M'. W.J.11 I rqr­ Nl�l 4— �8 V­ t11 1b, #.�A A,) i"­ ....W
D. ;­ .. I I ­. I -P �1­
If­ .. .... dm' 7.1

A •
Map Location
GRANVILLE
ORANGE DURHAM• FRANKLIN
NASH
WAKE
CHATHAM
WILSON
JOHNSTON
LEE
HARNETT WAYNE
0
�' ! .• •• • s •
04
•i r it ! •r!!
0 see
F Project Study Area
USGS Topo Map Figure 1
Baker Estate _
Sage Project # 2019.85 N
Lake Wheeler, NC Quadrangle
USGS Topography, December 2013
October 1, 2019
Sage Ecological Services, Inc.
0 625 1,250 Office:919-335-6757
ME i Feet Cell: 919-559-1537

Apo NoB 0.rF3
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es
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Map Location NRCS Soils Map Figure 2
ORANGE GRANVILLE Baker Estate
DURHAM FRANKLIN Sage Project # 2019.85
N
�. ALAMANCE NASH Wake County Soil Survey, 1970
CHATHAM WAKE Soil Sheet 92
WILSON October 1, 2019
JOHNSTON Sage Ecological Services, Inc.
0 750 1, 500 Office: 919-335-6757
LEE HARNETT Feet Cell:919-559-1537
WAYNE

Potential Non- Wetlam
Waters of the US
Tributary A +/- 517- If
�a c Potential Non -Wetland
Waters of the US
Pond 2 +/-0.091-acre
Potential Non -Wetland
q. Waters of the US
"Pond 1 +/- 0.44-acre
'V t'
i
} -. �'
Map Location
ORANGE( GRANVILLE
K'ALAMANCE
FRANKLIN
NASH
E
WILSON
JOHNSTON
WAYNE
Potential Wetland
Waters of the US
Wetland WC +/- 0.89-aci
o
Potential Wetland
�
Waters of the US
Wetland
1G
WB+/- 1.79acre
Potential Non- Wetland
6
Waters of the US
Tributary A
14,
(Linear Footage
Included in Upstream
Total)
PJD Stream and Wetland Sketch Map
Baker Estate
Sage Project # 2019.85
N
October 3, 2019
0 250 500
Feet
NOTE: Features depicted herein must be
field verified by the USACE or NCDWR
before being valid. Location, shape and
size of depicted features on the
evaluated site are approximate and
should be surveyed by a licensed NC
surveyor for final site planning.
+/_T2 -If
�n
Project Study Area
= Perennial Tributary
Ponds
L. Wetlands
* Upland Data Point
• Wetland Data Point
Figure 3
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

Roy Cooper. Governor
@81111194 NC DEPARTMENT OF
a a Susi Hamilton. Secretary
means NATHPAi AND CM T0QAi GF1'0HP =i S
l^Jalt:.r Cldr-:. Director, Land and Water Stewardship
NCNHDE-10386
October 3, 2019
Sean Clark
Sage Ecological Services
3707 Swift Drive
Raleigh, NC 27606-2S43
RE: Baker Estate; 2019.8S
Dear Sean Clark:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler(ancdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
[A5ARTMENT 0i NATURAL AND CULTUKAL TaSOJr[C 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Baker Estate
Project No. 2019.85
October 3, 2019
NCNHDE-10386
Element Occurrences
Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID Scientific Name Common Name Last Element
Accuracy Federal
State
Global
State
Group
Observation Occurrence
Status
Status
Rank
Rank
Date Rank
Dragonfly or
32043 Coryphaeschna ingens Regal Darner 2004-Pre H?
5-Very ---
Significantly
G5
S2?
Damselfly
Low
Rare
Vascular Plant
981 Pseudognaphalium Heller's Rabbit- 1948-10-12 H
4-Low ---
Significantly
G4G5T
S3
helleri Tobacco
Rare
3T4
Peripheral
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httos //ncnhde i-atLreserve.org/conten—L/haf,-. Data query generated on October 3, 2019: source: NCNHP, Q3 Jul 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-10386: Baker Estate
„a
3
2
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October 3, 2019
Project Boundary
j Buffered Project Boundary
Page 3 of 3
1:22,247
0 0,175 0.35 0.7 mi
0 0.3 0.6 1.2 km
Sources: Earl, HERE, Garmn, Intermap, increment P Corp., GEBCO, USGS,
FAO. NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ortlnance Survey. Esri Japan,
METI, Esri China (Hong Kong), (c) OpenS —&Up contributors, and the GIS
User Community

BAKER ESTATE
ENVIRONMENTAL IMPACT MAPS
I
� ` t
151,
1 " = 500'
V
Sheet List Table
Sheet Number
Sheet Title
CWI1.1
COVER
CW11.2
EXISTING CONDITIONS
CWI1.3
ENVIRONMENTAL IMPACT PROFILE
�.—� y•Wy`LWW�W f //1 I1 I / tI/Jl/f// 1lfr+fWWy� I
`"..e.`'W"'W"�"'�TW✓WW""' t f! 1 / J f' \ 7 I l t t /I / J/% r I7I11 ! Wy�W t
W W Y W J
/ J l
WW�yWy r EM I TI IC TI AN©S p fA�PIdRC�XIMAf
� f
f `�� i USE LOCATIQSN e i
I'ty
tSSTANG-
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DRIVEWAYt-
/ R,
/ I EXI WG POND
,
i
1 \
O �( \ NISTIN'G STR�a
NEUSE
01 6 / t ` RIPARIAN
BUFFER
\
\ \
f _ Ego
1 I \\ 1 J 1 i tli ttit 1 t t
\OV1'I -a O ` e v' \\�?
UI
0
0
0
SCALE V=200'
0 200' 400'
SITE DATA:
TOTAL SITE AREA: 32.99 ACRES
O
TOTAL ON -SITE STREAMS: 2,318 LF
TOTAL ON -SITE WETLANDS: 2.8988 AC
TOTAL ON -SITE OPEN WATER: 0.0931 AC
NOTES:
1. BOUNDARY INFORMATION TAKE FROM
SURVEY BY STANCIL & ASSOCIATES
DATED DECEMBER 09, 2019.
2. TOPOGRAPHY TAKEN FROM WAKE
COUNTY GIS WITH SUPPLEMENTAL
SURVEY BY STANCIL & ASSOCIATES.
3. STREAM & WETLAND DELINEATION BY
SAGE ECOLOGICAL SERVICES, INC.
DATED OCTOBER 1, 2019.
LEGEND
EXISTING WETLANDS
RIPARIAN BUFFER
0210612020
OMWN BY
E.ANGE
DESIGNED BY
$.HEIN
C EO m BY
].CHANDLER
s��E
AS SHOWN
Uj u
z
h-
Q
L
W=
0
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Lo
45076
CW11.1

LEGEND
EXISTING WETLANDS
RIPARIAN BUFFER\
8
a
S
DATE
0210612020
DRAM BY
E.ANGE
DESIGNED BY
S. HEIN
CHECKED BY
J. CHANDLER
.
• i
BU E
•
AS SHOWN
i
e
m
i
0
a
SCALE 1"=50'
W�
0 50' 100,
~
QZ
z
3
~�O
z
1j=i
VJo,,E
Y
Z
SITE DATA:
TOTAL SITE AREA: 32.99 ACRES
LLI 3
O
a�
TOTAL ON -SITE STREAMS: 2,318 LF
Q
z
l,
TOTAL ON -SITE WETLANDS: 2.8988 AC
TOTAL ON -SITE OPEN WATER: 0.0931 AC
g
�
�
E'
p
NOTES:
1. BOUNDARY INFORMATION TAKE FROM
SURVEY BY STANCIL & ASSOCIATES
DATED DECEMBER 09, 2019.
2. TOPOGRAPHY TAKEN FROM WAKE
COUNTY GIS WITH SUPPLEMENTAL
SURVEY BY STANCIL & ASSOCIATES.
3. STREAM & WETLAND DELINEATION BY
SAGE ECOLOGICAL SERVICES, INC.
DATED OCTOBER 1, 2019.
9 X
O
a w
a
a�
:X;6
p
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9
SHEET N0.
CWI1.2

PROPOSE
EX
370
370
365
365
D
RADE
360
360
355
355
IS
rING GRADE
60 LF
60 LF
36" RCP
36" RCP
@ 0.83%
350 @ 0.83%
350
MLo
N�
M
Lo
�Lo
M
co
co
M
-V' •/V V' VV IT%JV
CULVERT PROFILE
HORIZ SCALE: 1"=50'
VERT SCALE: 1"=5
SCREAM IMPACT
-TEMPORARY FOR
CONSTRUCTION WETLAND IMPACT
0 F� �\ TEMPORARY FOR
WETLAND IMPACT'---\�` t CONSTRUCTION
PERMANENT FOR`, 1,707 SF
CONSTRUCTION .,\�\
4,328 SF ,�,•.- 3Fnl ._"'� _
Z019T2 I M PACT
PERMANENT FORZfNE 1 IMPACT
CONSTRUCTION
� \�PERMANENT FOR
2,455 SF 36CONSTRUCTION k ,
360 _ Y' 4,522 SF
\ STREAM IMPACT
PERMANENTFOR
OPEN WATER IMPACT CONSTRUCTION
PERMANENT FOR 82 LF
CONSTRUCTION
1,024 SF }[
I z
SCALE V=50'
0 50' 100,
ENVIRONMENTAL IMPACT LEGEND:
PERMANENT OPEN WATER FILL- BLUE
_._.._ TEMPORARY WETLANDIMPACT- PURPLE
PERMANENT WETLANDIMPACT - GREEN
PERMANENT STREAMIMPACT- ORANGE
TEMPORARY STREAM IMPACT - LIGHT BLUE
ZONE IBUFFER PERMANENT IMPACT - RED
ZONE 2 BUFFER PERMANENT IMPACT- PINK
WETLAND AND STREAM
IMPACTS
IMPACT SPECIFICATION
WETLAND IMPACT
OPEN WATER
IMPACT
STREAM IMPACT
30' ZONE 1 IMPACT
20' ZONE 21MPACT
PERMANENT
. , .
SF
AC
SF
AC
SF
AC
LF
SF
AC
LF SF
AC
SF
AC
SF
AC
ROAD FILL
4,328 0,0994
1,719 0.0395
1,024 0.0235
82 307 0.0070
82 307 0.0070
20 110 0,0025
20 110 0,0025
4,522 0,1038
4,522 0.1038
2,455 0,0564
2,455 0,0564
TOTAL
4,328 0,0994
1,719 0,0395
1,024 0.0235
0
DATE
0210612020
DRAWN BY
E.ANGE
• DESIGNED BY
S. HEIN
CHECKED BY
1. CHANDLER
• • SULE
• AS SHOWN
•
•
•
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do
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