20020501 Ver 1_COMPLETE FILE_20020401

Michael F. Easley, Governor
O? wATFq William G. Ross Jr., Secretary
0? QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
o ?
October 14, 2002
Wake County
DWQ Project # 02-0501
WAIVER of 401 Water Quality Certification
Mr. and Ms. Justus & JoEllen Ammons
P.O. Box 1615
Wake Forest, NC, 27588
Dear Mr. and Ms. Ammons:
Your application for a 401 Water Quality Certification to fill 185 linear feet of intermittent streams in order to construct
the Heritage residential subdivision in Wake County was received in the Division of Water Quality's Central Office on April
1, 2002. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the Certification is
waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a 401
Water Quality Certification for your plans to impact waters as described in your April 1, 2002 application materials.
However, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401
Water Quality Certification will be required.
If you have any questions, please telephone John Dorney or Cyndi Karoly at 919-733-1786.
Sincerely,
PnR.rney
JRD/cbk
Cc: DWQ Raleigh Regional Office
Raleigh Regulatory Field Office, U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Brad Suther, 11010 Raven Ridge Road, Raleigh, NC, 27614
020501
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
Triage Check List
Date: ?- 2
. 1 1
To: RLRRO Steve Mitchell Project Name l
?FRO Ken Ave:itte DWO Project Number -4;
[DWaRO Deborah Sawyer County (",? r
[3WRO Joanne Ste--nhuis
EMSRO Jennifer Frye
OARO Mike Parker
?MRO Pete (--oNeeIl
From: N _ Telephone [phone]
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We Transmit to you Herewith:
? Drawings
F] Specifications
? Brochures or photos
? Correspondence
? As per your request
Under Separate Cover:
E] For your information and files [r ( LE B mail
For comment or approvalk y Courier
El Returned for correction, resubIhR ?7 y express
El Approved as noted 2002
WETCA1117s
No. Copies Document No. Date Description

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Remarks:

If enclosures are not as listed as above, kindly notify us at once.
By. 4-V
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-1 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]

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846'-5900 • Fax: [phone]
www.SandEC.com
Transmittal
i _ P L o?n? Project Name: ?'?R%'rA( 6dA K>t FoRESh"
To: 14cpy , - PWQ Project #: 5.51 Date: LI I o2
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
March 29, 2002
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd.
Parkview Building
Raleigh, NC 27604
RE: Nationwide Permit 39/401 Water Quality Certification Request
Heritage, Wake Forest -
Wake Forest, Wake County, North Carolina
(UTM Coordinates: Zone 17, 725600, 3981300)
S&EC Project #: 559
APR 12002
77 1 F- C-Fo-iu
Dear Mr. Domey and Ms. Jones:
On behalf of Justus and JoEllen Ammons (property owners), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permit 39 for the
subject project to cover permanent impacts to two intermittent stream channels. We also
request written concurrence from the NC Division of Water Quality (NC-DWQ) that the
project complies with the 401 Water Quality Certification associated with NWP 39. A
Pre-construction Notification Application (PCN) is attached, as well as an agent
authorization form.
The proposed project, which consists of a residential subdivision and golf course, is
located northeast of the intersection of Rogers Road (SR 2052) and Forestville Road (SR
2049) in Wake Forest, Wake County, North Carolina. The site is adjacent to Smith Creek
and is in the Neuse River Basin. Please refer to the USGS topographic map attached for
the location of the project.
S&EC conducted a detailed wetland delineation and Neuse River Basin (NRB) Riparian
Buffer evaluation on the property in 1999. Mr. Steve Mitchell of the NC Division of
Water Quality conducted an on-site determination on June 2, 1999, and found the two
US Army Corps of Engineers
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
111 1,
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
streams shown on the attached impact map become subject to the buffers downstream of
the proposed road crossings (see attached Buffer letter and map). Two unnamed
tributaries of Smith Creek are present within the area of land on-site known as Pod H.
S&EC believes both tributaries to be "unimportant" according to USACE criteria and
insignificant/intermittent according to NC-DWQ criteria. In order to satisfy Town of
Wake Forest requirements, the applicant plans to build a north-south collector street
through Pod H that will connect Chalk Road and Rogers Road. The proposed collector
street will impact two unnamed tributaries of Smith Creek with one road crossing each.
Impact R12 (see fig. 7) consists of 125 linear feet of impact to a 2-foot-wide stream
channel (250 ftz) and, impact R13 (see fig. 8) consists of 60 linear feet of impact to a 3-
foot-wide stream channel (180 ft). Please note that features A and B are not subject to
the Neuse Buffers at the proposed road crossing locations. Therefore, there are no
riparian buffer impacts associated with these crossings.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable. Compensatory mitigation
may be required to offset unavoidable losses of waters of the US when impacts exceed
the requirements for notification (0.10 acre) or if a discharge to a special aquatic site,
such as wetlands, is proposed. The applicant requested a detailed delineation of wetlands
present on property prior to site plan development in order to avoid jurisdictional
wetlands to the maximum extent practicable. The Town of Wake Forest is requiring the
applicant to construct a collector street between Rogers Road (SR 2052) and Chalk Road
(SR 2054), according to their Thoroughfare and Collector Street Plan. In order to
construct the proposed connector road, the applicant plans to construct two road crossings
(see fig. 6). Feature A begins at the eastern property line and separates Rogers Road and
Chalk Road, making it necessary to impact this feature with a road crossing in order to
provide a connection between the two state roads (see fig. 7). Feature B begins
approximately 350 feet west of the eastern property line (see fig. 6). However, according
to the applicant, constraints involving the minimum curve radius requirements for
collector streets, coupled with the requirement to connect streets to the adjacent
properties, have made impacting the uppermost 60 linear feet of this feature unavoidable.
Please refer to the attached letter provided by Mr. Rob Weintraub, of Ammons
Development, for further explanation as to why these impacts are necessary. The
proposed road will cross both streams at a perpendicular angle, in order to minimize
impact. Because road crossings will be perpendicular to streams and because S&EC
believes the channels to be "unimportant," S&EC believes the applicant has avoided and
minimized impacts and further compensatory mitigation should not be required by the
USACE for this project.
The stream channels to be impacted on site are unnamed tributaries to Smith Creek and
are not subject to the NRB Riparian Buffer Rules at the proposed crossing locations.
Previously issued Nationwide Permits 13, 14, and 26 authorized 0.968 acres of wetland
impacts for the entire site, which included 98 linear feet of "important" channel impacts
(existing crossing 1, see fig. 3) and 41 linear feet of "unimportant" channel impacts
(existing crossing 2, see fig. 4) to feature "A". Previously issued Nationwide Permit 39
and the associated 401 Certification (DWQ #010757) authorized an additional 51.5 linear
feet of impact to feature "A" and 48.7 linear feet of impact to feature "B" (see fig. 5).
Proposed crossing R12 will impact 125 linear feet of unimportant/insignificant channel,
and proposed crossing R13 will impact 60 linear feet of unimportant/insignificant
channel (see figures 7 & 8). The total cumulative permanent impact to
important/significant channel totals 98 linear feet on feature "A"; S&EC believes feature
"B" is unimportant and insignificant for its entire length. NC-DWQ's current policy does
not require mitigation for wetland impacts below 1 acre or for impacts to DWQ
perennial/significant stream channel less than or equal to 150 linear feet. Because the
cumulative stream impacts for both features "A" and "B" are below 150 linear feet of
important/significant channel, and because the cumulative wetland impacts for the project
are below 1 acre, S&EC believes neither wetland nor stream channel mitigation should be
required by NC-DWQ.
Sincerely,
Brad Suther
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Wake County Soil Survey Map (Figure 2)
"Existing Impacts" (Figures 3 & 4)
"Previously Permitted Impacts" (Figure 5)
Over-all Heritage Phase III Plan (Figure 6)
Proposed Impacts (Figures 7 & 8)
Agent Authorization
NC-DWQ "Buffer Subjectivity" letter and map (6/18/99)
"No Practical Alternative" Memo (3/22/02)

Kevin Martin
President

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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
htm.
http://www.saw.usace.army.mil/wetlands/Perm app.
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 (LAMA) 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
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg_pdf.
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://h2o.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: 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
1. Owner/Applicant Information
Name: Justus & JoEllen Ammons
Mailing Address: P.O. Box 1615
Wake Forest NC 27588
Telephone Number: [phone] Fax Number: NA
E-mail Address: NA
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: Kevin C. Martin
Company Affiliation: Soil & Environmental Consultants, Inc.
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kmartin(a),sandec.com
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: Heritage
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 1840810971
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Heritage
Directions to site (include road numbers, landmarks, etc.):
The site is located northeast of the intersection of Rogers Road SR 2052) and Forestville
Road (SR 2049) in Wake Forest, Wake County, North Carolina. The site is adjacent to
Smith Creek, in the Neuse River Basin.
5. Site coordinates, if available (UTM or Lat/Long): Zone 17,'25600m, 3981300m
(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:
Residential subdivision and golf course
7. Property size (acres): 1046 acres
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Smith Creek
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work:
The purpose of this project is to construct a collector street with a residential subdivision and
golf course.
11. List the type of equipment to be used to construct the project:
This project entails the construction of a road with conventional heavy equipment.
12. Describe the land use in the vicinity of this project:
Residential and agriculture.
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.
A jurisdictional determination was issued for this site on February 2, 2000 (Action ID Number
199920683). Nationwide permits 12, 13, 14, and 26 were issued for this site on May 6, 2000.
Impacts to wetlands and waters authorized by these permits include 0.015 acre for utility line
crossings under NWP 12 (AID 20020343), 0.001 acre and 264 linear feet of channel for bank
stabilization under NWP 13 (AID 200020344), 0.075 acre and 464 linear feet of channel for one
road crossing under NWP 14 (AID 200020345), and 0.968 acre of wetland and channel impacts
for reconstruction of a pond, lot fill, and road and trail crossings under NWP 26 (AID
200020346. Mitigation associated with these permits included mitigation for 1021 linear feet of
unavoidable impacts to perennial stream channels and 3.97 acres of riparian buffer miti ag tion
associated with the project by on-site donation of land to the NCWRP. In an application dated
5/18/01, the applicant requested 100.2 linear feet of impact to two unnamed tributaries to Smith
Creek and 0.234 acre of riparian buffer impact for the construction of two road crossings. A 401
Certification and Neuse Buffer approval dated 8/30/01 was issued for these impacts DWQ
Project #010757). The required Buffer mitigation for this project totaled 0.281 acre. The
applicant provided mitigation for the riparian buffer impacts by debiting existing; credits with
NCWRP which were established through a land donation to the NCWRP.
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: None known at this time.
Page 5 of 12
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
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**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
NA NA NA NA NA NA

* 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 httn://www.feina.aov.
*** 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: >2 acres
Total area of wetland impact proposed: NA
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

R12 Fill (road
crossing) 125 linear
feet Unnamed Tributary of
Smith Creek
2 Intermittent

R13 Fill (road
crossing) 60 linear
feet Unnamed Tributary of
Smith Creek ,
3 Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
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.
Page 6 of 12
** 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Proposed stream
impacts: 185 linear feet of unimportant/insignificant channel. Previously Authorized
impacts for project: 1021 linear feet important channel; 1855 linear feet unimportant
channel. Total cumulative permanent stream channel impacts (includine proposed
crossings): 1021 linear feet important channel, 2040 linear feet unimportant channel.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
NA NA NA NA NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant reauested a detailed delineation of wetlands prior to site elan development in order
to avoid jurisdictional wetlands to the maximum extent practicable. The Town of Wake Forest is
requiring the applicant to construct a collector street between Rogers Road SR 2052) and Chalk
Road SR 2054 according to their Thoroughfare and Collector Street Plan. In order to construct
the proposed connector road, the applicant plans to construct two road crossings (see impacts
Page 7 of 12
R12 and R13). Feature A begins at the eastern property line (see attached plan) and separates
Rogers Road and Chalk Road, making it necessary to impact this feature with a road crossing in
order to provide a connection between the two state roads (see impact R12). Feature B begins
approximately 350 feet west of the eastern property line (see attached plan). However, according
to the applicant, constraints involving the minimum curve radius requirements for collector
streets, coupled with the requirement to connect streets to the adjacent properties, have made
impacting the uppermost 60 linear feet of this feature unavoidable. Please refer to the attached
letter provided by Mr. Rob Weintraub, of Ammons Development, for further explanation as to
why these impacts are necessary. The proposed road will cross both streams at a perpendicular
angle, in order to minimize impact.
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
http://h2o.enr.state.nc.us/ncwetlands/stnngide.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.
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 httn://h2o.enr.state.nc.us/wW/index.htni 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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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.
Page 9 of 12
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ® No ? If you answered "yes", provide the following information:
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.
Proposed Road Proposed Crossing Required
Mitigation
Zone* Crossing 2, 1, Multiplier (Feature A only)
Feature B Feature A sq. ft.
(s q. ft, (s q. ft.
1 NA NA 3 NA
2 NA NA 1.5 NA
Total NA NA NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends 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.
NA
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.
The impervious surfaces on-site constitute approximately 27% of the land area of the subject
property (personal communication, Mr. Brad Rhinehalt, Barbara H. Mulkey Engineering, Inc.).
Stormwater controls proposed for the project include silt fences and temporary sediment basins.
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.
Page 10 of 12
Municipal sewer will be used to dispose of wastewater generated from the proposed project.
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
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).
NA

-, v z
(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 Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
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 Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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
Page 11 of 12
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
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
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 M
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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Project #: Scale:
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Mgr.: KCM 4123101
Figure 1- Location Map
Franklin Village
Ammons Development
Wake Forest, Wake Co., NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.0 Raleigh, NC 27614
(919)846-59000(919)846-9467
Web Page: www.SandEC.com
COUNTY, NORIA (,AiIOHNA
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Total: 0.112 acre
60 0 60 120
FIG. 3
EXISTING ROAD CROSSING 2
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r. _ Zone 2 Riparian Buffer impacts: 0.04 acre
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•+.-?r,vrYa utvtL.UPMENT GROUP 919 5621324 P.02..
Soil & Environmental Cons 1t
2a•? %Vest Nitllbrook Road • Raleigh, ,'Q'OM Camlina 27609 • Phone: [phone]oo - r-L,: ?
Web Page: w%vAv,SMdEC.cotu i?: (919) 8-46-946"
AGENT AUTHORJ7,ATION FORM 14 ILL- address. -•' '?- ?S' ..???? > - ... .... .
Phone: 9) ?1P2.-J
Projecl NanicDescliptitm AMMONS (HerI-e-3e-)
Date:
The Orparttncnt of tlrt; Arin3
li C. A n1V Corps Of L-ngincars, Wilmington District
P 0. Box
Wilmingtou, NC 28402
Attn. Nit. TODD TUGS' ELL
Field OtTice: R.%[,EIGI-t REGULATORY FIELD OFFICE
Re: Wetlands Belated Consulting and Pennitting
To Whom It fay C?tin;ern
I, the current gme-gy ovmer, hereby designate and authorize Soil & Environmental Consuhants,
behalf as my agent in the processing of permit applications, to furnish upon request supplemental iInc. act in m
nf toiation m y
support of applical tons, etc from this day forward. The ____Lp day of _
This notification supersedes anyprevious correspondence concerning the agent for this projoct.
NOTICE: 'Ibis authorization, for liability and professional courtesy reasons, is valid only for government
oflrciala to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
&RIN ?MMVV.J< X
Pnnt
Property water's Nsute
r orty er's Sigodtue
cc. M1. John Dontc>.
NCDEH &- NR - DWQ, Water Quality Platining
4401 Reedy (reek Road
Raleigh, NC 27607
ice: Mr. Kevin martin
Soil & Extvironmental Consultants, Inc.
aoau tiw
W-tdanc Pclrnsnt?oo:Pricr,ttrin? tit;tientrr.,r. Soil/Site. Evaluations
Neust I,lasin snd W:+cer5hed SufferEvAltio(ipnc
On-Cite Septic sy$loms Environmental Assessments/Audits
Groundwater Hydrology Fndangered Spades
[lran`h 0'f ••
Inch A enuc ti.E. Hickok, Yeah Cuolina 28601 Phone' 8.8 ? +?
(' ) -..' 6700 FOX; (R:t,) 3?? 679rJ
...............................
................... ......................................................

June 18, 1999
;. - Kevin Martin
S&EC,Inc.
JAMES B. HUNT l 244 West Millbrook Road
Raleigh, N. C. 27609
r NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 99-123
Ammons Farm
Forestville & Rogers Roads
Wake County
Dear Mr. Martin:
On June 2, 1999 I met with you at the subject property to conduct a site visit for the above referenced project.
This project is referenced by the Raleigh Regional Office as NBRRO 99-123. It was determined that there
are several features on site that are at least intermittent streams, drained ponds, and perennial water bodies
present on this property.
The Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233) states that water bodies that
are at least intermittent and buffered by "forest" vegetation are subject to protection. The streams (features)
have been delineated on the map received by this Office on the date of the site visit and the areas applicable
to protection under the Neuse Buffer Rules are areas were forest vegetation exists. Only those features
highlighted as subject, non-buffered, or not subject and delineated on the map were evaluated during that
site visit.
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.
Sine ely,
Steve Mitchell
Environmental Scientist
E_
I
r Gam,
cc: RRO/Dorney
H:\nbrlet.for\nbr99\ammons.123
3600 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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03/22/2002 16:42 9195621324 AMMONS DEVELOPMENT G PAGE 02
Memorandum.
To: Kevin Martin
From: Rob Weintraub
Date: 03/22/02
Re: Reasons for Stream Impacts in Heritage Phase 3
The Town of Wake Forest requires that Marshall Farm Street be
constructed as a collector street, according to their Thoroughfare and
Collector Street Plan. This plan is approved by the Town of Wake Forest
Board and is incorporated into the CAMPO Thoroughfare Plan for Wake
County. Chalk Road (to the North) and Rogers Road (to the South) are both
NCDOT roads and need to be connected with the 60 foot right of way and
roadway as shown.
The wetland that needs to be crossed (as shown as impact 12) goes all the
way to the property line so there is no way to avoid this crossing.
The wetland that needs to be crossed (as shown as impact 13) does not go
to the property line. However, due to the limited curve radius allowed for
such Q collector street, and the requirement for streets that connect to
the adjacent properties (about 50 f eet north and 250 feet south of the
wetland) the impact on the wetland could not be avoided, while still
providing regulation streets.
Finally, I think that it is important to note that the downstream crossings
of these same wetlands does not preclude the need for these crossings.
The design of this collector street has been mandated by the Thorough-
fare and Co/%tor Street Plan to accommodate the traffic on the
existing state roads and is independent of the Town of Wake Forest
requirements for the previously mentioned crossings.
Please let me know if there is any additional information that you may need
concerning the Town's requirements for this crossing.
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