20011304 Ver 1_COMPLETE FILE_20010828

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
October 22, 2001
Wake County
DWQ Project #: 01-1304
APPROVAL OF 401 Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Mr. Roy Mashburn, Jr.
4000 Westchase BLVD
Suite 500
Raleigh, NC 27607
Dear Mr. Marshbum:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 520 linear feet
of streams for the purpose of constructing a commercial development at Marshbum tract at Cary Parkway and NC 54 in Cary, N.C. as
you described in your application dated August 28,, 2001. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA 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 except as modified below. If you
change your project, you must notify us and you maybe required to send us a new application.. If the property is sold, the new owner
must be given a copy of this 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) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided
in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within 50
feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. 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).
2. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
3. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the
impacts specified in this Certification occur. The stormwater management plan must include_ plans and specifications_ for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff -from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality.
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the Division of Water Quality.
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 orth
NR
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748
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 Domey at 919-733-1786 or Steve Mitchell at our Raleigh Regional Office at 919-571-4700.
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Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Todd St. John
Sean Clark, Soil and Environmental Consultants

`, f O?O? W AT ?qQG Michael F. Easley
Governor
William G. Ross, Jr., Secretary
"i Department of Environment and Natural Resources
Q Y
Kerr T. Stevens
Division of Water Quality
2001
I ,;C?6 w0le- County
DWQ Project # a t - L36
T
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
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Dear Mr. ac?l?Jtu?v? 5 2 p "[
You have our app val, in :accordance with the attached onditions and those listed CA
below, to place fill ma ial in tId wtd 0 linear feet of streams , C.
for the purpose of as described in your application dated
f LS 2O (. After reviewing your application, we have decided that this fill is covered by
U?184ener I Water Quality Certification Number 3. This certification allows you to
use Nationwide Permit Number when the Corps of Engineers issues it. 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, Coastal Stormwater,
Non-Discharge and Water Supply Water shed regulations. This approval will expire when
the accompanying 404 or CAMA 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 except as modified below. If you change your project, you must notify us and you
may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this 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) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to. notify the state in order to assure compliance for future wetland
and/or water impact. 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).
2. An additional condition is that a final, written stormwater management plan shall be
approved by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version
of the NC DENR Stormwater Best Management Practices Manual. Also, before any
permanent building is occupied at the subject site, the facilities, as approved by this
Office, shall be constructed and operational, and the stormwater management plan, as
approved by this Office, shall be implemented.
AMA
W ENR
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
1 OF W A
OCR pG Michael F. Easley
Governor
j r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Q Y
Kerr T. Stevens
Division of Water Quality
3. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401Metlands Unit of the Division of Water Quality.
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 Wat r Act. If you have any uestiofts, please telephone at 919-
733-1786 or eMt a? at our Regional Office at l - 71- 9476Q
Sincerely,
Kerr T. Stevens
Attachment
J,u^
cc: Co s of ngineers Ra-I Field Office
------------------------------
UEt
? ?tfl DWQ Regional Office
File cop
Central Files
Todd St. John 1 L ?
CJ
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands1401 Unit: [phone]
Fax: [phone]
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Roy Marshburn County Wake
Project Number 01 1304 County2
Recvd From APP Region Raleigh
Received Date 8/28/01 Recvd By Region
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit' Wetland Wetland " "Wetland Stream Class Acres Feet'
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME'
,9 st e.,m O O N F 2? Nsw ;0.402. ?- ?o.()o F ?-
[57 9N
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N
Recommendation: 0 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 354834 Longitude (ddmmss) ,784836
Comments:
Feature on soild not on ground subject to NBR_
cc: Regional Office
Central Office Page Number 1
s y

Soil & Environmental C d, p taiits, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone
11(919) 846-9467
www.SandEC.com
O August 28, 2001
S&EC Project #: 00-4430
US Army Corps of Engineers NC Division of Water Quality
Attn: Ms. Amanda Jones Attn: Mr. John Dorney 4 rr ..
6508 Falls of the Neuse Rd., Ste. 120 2321 Crabtree Blvd.
P Y '?
Raleigh, NC 27615 Raleigh, NC iu 2 8
RE: Nationwide Permit 39 and Neuse River Basin Buffer Rule compliance
Mashburn Tract
Cary, Wake County, North Carolina
(UTM Coordinates: Zone 17, 396500om.N, 69800om.E)
Dear Ms. Jones and Mr. Dorney:
On behalf of Mr. Roy Mashburn (property owner), we request authorization from the US
Army Corps of Engineers to use Nationwide Permit 39 for the subject property to cover
permanent impacts to unimportant / insignificant intermittent channel. A Pre-
construction Notification Application (PCN) is attached, which includes an agent
authorization form, required data forms, and maps.
The proposed project, a commercial development, is located approximately 1000 feet
north of the intersection of Cary Parkway and Highway 54/Chapel Hill Road on the
eastern side of Cary Parkway in Cary, Wake County, North Carolina. Please refer to the
attached (Figure 2) for the project's location on a USGS topographic quadrangle. The
project site is approximately 6.3 acres.
S&EC delineated the jurisdictional channels present on the subject site (no wetlands were
present on site) and this delineation was approved by the USACE on November 17, 2000
(Action ID #200120209). The feature is an intermittent channel with nonhydric soils and
it drains towards Cary Parkway. The uneven topography, shape and size of the property
made site planning difficult. The jurisdictional channel feature bisects the property and
isolates an otherwise usable upland area from the majority of the property. To use this
portion of the property, the channel required a crossing. Permanent impacts due to
required fill and pipe necessary for the proposed crossing and parking areas total 270
linear feet of unimportant / insignificant intermittent channel. In order to adequately treat
the stormwater runoff from the impervious surfaces on site, a stormwater retention pond
is proposed. Impacts resulting from the construction of the stormwater detention pond
will total 250 linear feet of unimportant / insignificant intermittent channel. The total
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Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
cumulative impacts to the unbuffered jurisdictional channel for this project consist
of 520 linear feet.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre). The applicant requested a
delineation of jurisdictional waters present on the property prior to site plan development
in order to avoid these features to the maximum extent practicable. Due to site
restrictions, total avoidance was not practical. If mitigation is required, the applicant
proposes payment to the North Carolina Wetland Restoration Program.
Features on property were evaluated by Mr. Steve Mitchell of the NC-DWQ on July 21,
1999 to determine their subjectivity to the Neuse River Basin Riparian Buffer Rules. Mr.
Mitchell determined that no features on property were subject to the Neuse Buffer Rules.
The results of his evaluation are contained in the attached copy of the August 19, 1999
letter (NBRRO 99-187).
Sincerely,
6??
Sean Clark
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization Form
Proposed Wetland Impact Map
USGS Site Vicinity Map
Wake County Soil Survey Map
Copy of NC-DWQ's NBR letter
Upland Data Form (USACE copy only)
eAeck(t/4)k- gOJgrocesz:-?
4
C
n
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perrn app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
f.
(March 9, 2000), available at http://www.saw.usace.an-ny.mil/wetlands/nwpfinalFedReg.pd
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http:/Pn2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: 01 1 3 0 4 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Roy E MashburnJr
Mailing Address: 4000 Westchase Boulevard
Suite 500
Raleigh NC 27607
Telephone Number: [phone]
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh North Carolina 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Sclark(a)SandEC com
Fax Number:
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Mashburn Tract
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0754.07-69--2692
4. Location
County: Wake County Nearest Town: Morrisville
Subdivision name (include phase/lot number): Mashburn Tract
Directions to site (include road numbers, landmarks, etc.): The site is located approximately
1000 feet north of the intersection of CM Parkway and Highway 54/Chapel Hill Road on
the eastern side of Cary Parkway
5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 396500om.N, 69800om.E
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is currently forested with a mix of hardwood and pine of approximately 60 years of age.
7. Property size (acres): 6.301 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Crabtree Creek
9. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.c.nr.state.nc.us/admin/mUs/.)
Page 4 of 12
10. Describe the purpose of the proposed work: The site will be developed for office and retail
11. List the type of equipment to be used to construct the project: Construction of the site will
utilize heavy machinery typically used for such construction.
12. Describe the land use in the vicinity of this project: Single-family homes are present to the
east of the property and to the south Apartments (multi-family are present across CM
Parkway (northwest of the site)
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID #200120209 (Jurisdictional Determination map approval)
NBRRO 99-187 (Neuse Buffer determination)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No other future nationwide permits are known to be needed for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(yes/no Distance to
Nearest Stream
(linear feet
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvww.feina.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
A Fill / pipe 270 UT of Crabtree Creek 3' Intermittent
B flooding 250 UT of Crabtree Creek 3' Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated nprap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 520 linear feet
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on map
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Imparts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): The pond area will be excavated and will utilize a dam
to restrict water flow.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): The pond will be used for stormwater retention.
Size of watershed draining to pond: 25.7 acres Expected pond surface area: 16.800 ft2
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The upper portion of the drainage was left undisturbed to avoid any unnecessary fill. The
site's size topography, and shape have made site development difficult. There are several
0hemeral drainages on site however, only one is jurisdictional and no drainage on site was
determined to be subject to the buffers The one jurisdictional feature bisects the property and
isolates an otherwise usable portion of high ground from the majority of the property. In order to
access the isolated high ground area a road crossing is required. Also, in order to satisfy
stromwater requirements a stormwater retention pond is needed to treat stormwater runoff from
the impervious surfaces on the property.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htlp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
d
It is our understanding that the current policies of the US Army Corps of Engineers an
ant
the North Carolina Division of Water Quality do not require mitigation for unimport
/insignificant intermittent streams Because the channel on property is an unimportant and
insignicant intermittent channel no mitigation is being proposed. Also the channel is not
subject to the buffers so no buffer mitigation is proposed. No wetlands were determined to
be present on the site so no wetland mitigation is proposed
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)? (see attached DWQ letter)
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone G extenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
A proposed 3 .19 acres (51 %) of the 6.3 acres will be impervious. The stormwater detention
pond shown on the impact map will treat the stromwater runoff before it enters channels and
wetlands downstream.
XII. Sewage Disposal (DWQ Only)
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.
Adjacent existing anitM sewer will be tied into to treat wastewater generated on site.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
1?=_l
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I 1 of 12
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
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Ptint'Property Owner's Name Prop is Signature
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NCDtH & NR- - b'6 a Water Quality Planning Soil & Envirohnv_ntal Consult ants, inc.
4401 Reedy.C reek Road
Raleigh, NC - 77607 t f `a'
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
<r - RALEIGH REGIONAL OFFICE
August 19, 1999' t?
Bob Zarzecki {tt • AUG
2 3 =,; ? ? i= 4 ? 'E
S & E C, Inc. `. t t
244 West Millbrook Road
VJAMES a. HUNT _I ' Raleigh, N. C. 27609
?YERNOR
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 99-187
S&EC #99-2955
A cD LL Cary Parkway Site
Wake County

Dear Mr. Zarzecki:
This Office has reviewed the information received by this Office on July 21, 1999 relevant to the subject
property and conducted a site visit the same day. This project is referenced by the Raleigh Regional Office
as NBRRO 99-187. It was determined that the unnamed tributary to Crabtree Creek, as indicated on the
Wake County Soils and USGS Maps, is not present on the ground and therefore is not 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).
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/Dorney
H:\nbrlet.forlneuse.buf\caryprky.187
9800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

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Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Cary Parkway Tracts/S&EC it 99-4430 Date: 4/26/00
Applicant/Owner: Goodman Segar Hogan Hoffler County: Wake
Investigator: S. Clark State: NC
Do Normal Circumstances exist on the site? x Yes _No Community ID: Oak-Hickory
Is the site significantly disturbed (Atypical Situation)? Yes x No Transect ID:
Is the area a potential Problem Area? -Yes x No Plot ID: upland
If needed, explain on reverse.
\ CT A TIAIJ
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum TREE FAC 9. Euonymus amaricanus HERB FAC-
2. Prunus serotina TREE FACU 10. Vitis rotundiflia VINE FAC
3. Carya glabra TREE FACU 11.
4. Pinus taeda TREE FAC 12.
5. Quercus alba TREE FACU 13.
6. Viburnum dentatum TREE FAC 14.
7. Cornus flodda TREE FACU 15.
8. Pol stichum acrostichoides HERB FAC 16.

Percent of Dominant Species that are OBL, FACW,o
(excluding FAC- : r FAC
50%

Remarks:
uvnvni nt_v
Recorded Data: Wetland Hydrology Indicators:
-
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
Other -Saturated in Upper 12 Inches
-Water marks
x No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: NA (in.) -Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: >16 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: >16 (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
Project/Site: Cary Parkway Tracts/S&EC # 99-4430 Plot ID: upland 11
SOILS
Map Unit Name Drainage Class: well drained
(Series and Phase): Mayodan sandy loam Field Observations
Taxonomy (Subgroup): Typic Hapludult Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 A 10YR5/2 Sand loam
8-12 Btl 5YR5/6 Sand clay loam
12-16+ Bt2 5YR5/8 7.5YR5/8 Common/distinct C16
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_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:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _No Is this sampling point within a wetland?
Wetland Hydrology Present? -Yes x No -Yes x No
Hydric Soils Present? -Yes x No
Remarks:
The only jurisdictional features present on-site were the stream channels.
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