20021741 Ver 1_COMPLETE FILE_20021029

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, Director
Division of Water Quality
January 3, 2003
DWQ Project No. 02-1741
Wake County
Heritage Wake Forest, Inc.
PO Box 1615
Wake Forest, NC 27588
Subject Property: Heritage Wake Forest Multifamily Unit Development, Rogers Road, Wake Forest, NC
UT to Smith Creek [03-04-02; 27-23-(2), C NSW]
WAIVER of the 401 Water Quality Certification and Neuse River Buffer Authorization Certificate
To Whom It May Concern:
Your application for a 401 Water Quality Certification and Neuse River Buffer Authorization Certificate dated October 29,
2002 was received in the Wetlands/401 Unit of the Division of Water Quality (DWQ) on October 29, 2002. According to our
rules (15A NCAC 2H.0507(A) and 15A NCAC 2B.0233(8)), if final action is not taken within sixty (60) days, the 401
Certification and Neuse Buffer Authorization Certificate is waived unless DWQ has objected in writing to your application.
Therefore, DWQ has waived the requirement of written authorization for the use of 401 Water Quality Certification Number
3362 (GC3362) and the buffer rules for your plans to impact 0.006 acres of wetlands, 97 feet of stream and 11,300 square
feet of buffers to construct a single road crossing (i.e., "proposed full access drive") as described in your application. As
such, the wetland and buffer impacts are approved. However, please be aware that you must follow the plans as described
within your application dated October 29, 2002 and all other conditions of GC3362 and the Neuse River Buffer Rules,
including but not limited to diffuse flow per 15A NCAC 2B .0233(5). You must also obtain or otherwise comply with all other
required State, Federal and Local regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100 and
.0200).
Please note that if additional impacts occur within the development beyond those requested within your application, this
waiver is no longer valid and a new 401 Water Quality Certification and Authorization Certificate will be required. Please
note that it is the DWQ's understanding that the U. S. Army Corps of Engineers (USACE) has determined that the project
has "independent utility" with respect to the remainder of the Heritage development. If the USACE determines that the
wetland or stream impacts associated with this project must be considered cumulative with any other portion of the Heritage
development, then this waiver is no longer valid and a new 401 Water Quality Certification and possible Individual
Certification may be required. Also, please note that the DWQ reserves the right to conduct a compliance review of your
protect to ensure compliance with the wetland and buffer rules. If you have any questions, please telephone Mr. Bob
Zarzecki at [phone].
Attachments: GC3362
cc: Brad Suther, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
DWQ Raleigh Regional Office
Raleigh Regulatory Field Office of the USACE
File copy
Central Files
bz
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Heritage Wake Forest Mulitfamily Development
Project Number 02 1741
Recvd From APP
Received Date 10/29/02 Recvd By Region
Project Type residential Development
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
39 Stream O YO N ?- 27 23-(2) r C NSW 30,402. 0.01 97.00 r- F -
NBRSuffers F7 O N F -?-?r- 30,402. _026F_ I- ?-
F- PT _0N ???-Ir-?F_ F_ I F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This is for the road crossing into the multifamily portion of this dev, off Rogers road. Do not like the
Sseeparation of this portion of the project from the rest of the possible impacts. Is ACOE ok with that?
This total pent will result in a lot of impervious and then stormwater. Do we need plans for the
greater than k% QUA?
Crossing is OK to issue but what about other concerns?
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: tl ?1 oZ Project Name: 1,cr;-rGS¢ (,JGkc Pore-zA
DWQ#: v z • ????
County: l,JGke
To: ? ARO Mike Parker ? WaRO Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
? MRO Mike Parker ? WSRO Jennifer Frye
RRO teve Mitchel
From: 3?b Telephone : (919) _43%, q17_ o
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
X Is the application consistent with pre-application meetings?
X Cumulative impact concern
Comments:

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Environpiental Consultants, Inc.
Road • Raleigh, Ncatth Carolina 27614 • Phone: [phone] • Fax: [phone]
/Web Page: www.SandEC.com
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NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request
Multifamily Development, Heritage Wake Forest
Wake Forest, Wake County, North Carolina
S&EC Project #: 559
NBRRO 00-035
1T ! 7OCT 2 s 2002
Dear Mr. Dorney and Ms. Jones:
On behalf of Franklin Village, LLC (property owner), 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 a stream channel and wetland area. 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 and
the Neuse River Basin Buffer Rules. A Pre-construction Notification Application (PCN)
and an agent authorization form are attached.
The proposed project consists of a multifamily development and is located approximately
1,300 feet east of the intersection of Rogers Road Extension (SR 2052) and US IA, on
the north side of Rogers Road in Wake Forest, North Carolina. The project site is located
with the larger Heritage, Wake Forest subdivision and golf course community. The site
is located with the drainage of 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 January 13, 2000, and found that
feature A, identified on the attached soil survey map, is subject to the Buffers, while
feature B is not subject. Ms. Amanda Jones, of the USACE, conducted a site visit on
5/23/01 and determined that feature A is "unimportant".
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] • [phone] • [phone]
CoPt October 29, 2002
October 29, 2002
S&EC Project #: 559
Page 2 of 5
Proposed Impacts
The applicant plans to construct a road crossing in order to access the multifamily parcel.
The proposed road crossing will impact 97 linear feet of unimportant stream channel,
0.006 acre of wetland, and 11,300 square "feet (0.259 acre) of riparian buffer with
roadway fill. No other impacts are proposed for the multifamily development.
As per a personal communication with Ms. Amanda Jones on 10/18/02, the USACE has
determined that the proposed multifamily development will be considered a separate
project from the larger Heritage, Wake Forest residential / golf course community
because it demonstrates "independent utility". Therefore, according to Ms. Jones, the
impacts requested in this application may be permitted under a Nationwide Permit rather
than an Individual Permit. Because this project will be considered separate and
independent from Heritage, the USACE has stated that the cumulative impacts for
Heritage will not be considered in this application, and neither stream or wetland
mitigation will be required for the proposed road crossing impacts.
As per 110/22/02 phone conversation with Mr. Bob Zarzecki, of NC-DWQ, because the
USACE has determined the proposed multifamily development is a separate project from
the larger Heritage, Wake Forest development, the multifamily development must also be
considered a separate project by the NC-DWQ for 401 Water Quality Certification
application purposes.
Alternatives Analysis
The multifamily parcel is bounded to the south by Rogers Road, to the east by the CSX
Railroad tracks, to the north by the Wake Electric Membership Cooperative Facility, and
to the west by an undeveloped parcel that is the location of a future retail development.
As described in the attached Pre-construction Notification Form, the applicant plans to
access the proposed multifamily development from Rogers Road, thereby necessitating a
road crossing of an unnamed tributary to Smith Creek that separates the majority of the
multifamily tract with Rogers Road. The applicant investigated all potential options for
accessing the multifamily parcel and determined that the only feasible alternative for
access is from Rogers Road. Please refer to the explanation provided below, as well as
the letter provided by Mr. Brad Rhinehalt, formerly of Barbara Mulkey Engineering
(attached), for information regarding the viability of possible alternatives to the proposed
access drive.
Access from the east
The CSX Railroad tracks prevent access to the property from the east. NCDOT and CSX
will not allow any new railroad crossings without the authorization of their respective
boards. Due to the grade difference between the rail tracks and the subject property, as
well as the curvature of the railroad, designing a safe crossing in this area suitable for
approval by the NCDOT and CSX boards would be extremely difficult. Furthermore, the
October 29, 2002
S&EC Project #: 559
Page 3 of 5
Town of Wake Forest and NCDOT recently approved a rail study that focused on traffic
patterns and railroad crossings through the year 2010. Based on this study, there is no
chance a separate railroad crossing to access this parcel would be allowed.
Access from the north
Lack of a right-of-way dedication prevents a northern access to the multifamily parcel.
The Wake Electric Membership Cooperative Facility is located immediately north of the
property. An existing residential subdivision lies further north, beyond the electric
facility. Gaining right-of-way through the existing subdivision and electric facility is not
possible. Furthermore, even if right-of-way through properties to the north was granted,
the Town of Wake Forest would most likely not approve the access, since they require
that all future traffic in the project vicinity be carried by the thoroughfare system (i.e.,
Rogers Road).
Access from the south and west
An unnamed tributary to Smith Creek runs along the southern boundary of the
multifamily parcel, separating the majority of the property from Rogers Road. This
channel flows in an east - west direction, and emerges from a culvert on the northern side
of Rogers Road approximately 1100 feet west of the intersection of Rogers Road and the
CSX Railroad tracks, approximately 500 feet west of the western boundary of the
multifamily parcel. Two constraints prevent constructing an access from Rogers Road in
a manner that would entirely avoid impacts to the stream channel. The stream channel
emerges on the north side of Rogers Road on the adjacent property, which is the future
location of a retail development. In order to access the multifamily property from Rogers
Road without impacting the stream channel, an access drive would have to be constructed
through the retail parcel. Because the Town of Wake Forest is requiring the multifamily
and retail developments to have separate access roads for the purposes of safety (police
and fire access), a shared access such as this will not be possible. The second constraint
involves the limited number of future drive connections approved by NCDOT for the
Rogers Road extension. Based on the plans approved by NCDOT, the only location
approved for a full movement drive along the northern side of Rogers Road is within the
first 1000 feet of the road west of the CSX Railroad crossing. Because the unnamed
tributary to Smith Creek is present along the northern side of Rogers Road for this entire
length, NCDOT approved plans make impacts to the stream unavoidable. Even if a
shared access were permitted by the Town of Wake Forest for the retail and multifamily
properties, it would not be allowed by NCDOT.
As explained above, multiple constraints necessitate a road crossing over the subject
stream channel to access the multifamily parcel from Rogers Road. In an effort to
minimize impact, the applicant investigated accessing the parcel from two different
points along Rogers Road: the proposed crossing and alternate drive location #1 (see
attached, map). Three factors resulted in the elimination of alternate drive location #1 as a
viable alternative: 1) It is not a full movement drive, 2) It could flotentially•interfere.with•,
a future grade separated crossing (i.e., bridge) of the railroad tracks, and 3) It would have
an equal or greater impact to the Neuse River Riparian Buffer.
October 29, 2002
S&EC Project #: 559
Page 4 of 5
Based on this alternatives analysis described, the applicant believes that the only
acceptable method of accessing the multifamily development parcel is by constructing a
road crossing at the location proposed in this application.
USACE
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require further
compensatory mitigation 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. However, an unnamed
tributary to Smith Creek parallels Rogers Road on the southern end of the subject parcel,
making it necessary to construct a road crossing to provide access to the parcel. Due to
numerous site constraints described in the above alternatives analysis, the applicant has
been unable to avoid impacting this stream and wetland area in order to access high
ground.
NC-DWQ
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 per project. Because the cumulative stream impact for the proposed crossing
is 97 linear feet and the cumulative wetland impact is 0.006 acre, and because the
multifamily development has been determined to be a separate project from Heritage,
Wake Forest by the USACE, S&EC believes neither wetland nor stream channel
mitigation should be required by NC-DWQ. Please note that the total impervious surface
coverage of the site will be greater than 30%. For this reason, the applicant is proposing
on-site stormwater treatment using bioretention areas (see attached site plan and
calculations). For further information regarding plans for stormwater treatment, please
contact Mr. Michael Allen, of Barbara H. Mulkey Engineering, at [phone].
Based on a 10/25/02 phone conversation with Mr. Bob Zarzecki, of NC-DWQ, current
NC-DWQ policy requires mitigation for riparian buffer impacts greater than 150 linear
feet or 1/3 acre per road crossing. Because the proposed riparian buffer impacts are
below this threshold (97 linear feet, 0.28 acre), S&EC believes riparian buffer mitigation
should not be required for this project.
Sincerely,
<: ?--
Brad SutTier
Environmental Scientist
C 106k?lgdcf
Kevin C. Martin
President
October 29, 2002
S&EC Project #: 559
Page 5 of 5
Attachments:
Pre-construction (PCN) notification form
Agent Authorization Form
USGS Site Location Map (Figure 1)
Wake County Soil Survey Map (Figure 2)
Neuse River Buffer Letter & Map
BHME Letter of Justification (7/16/02)
Site Plan
Impact Map
Stormwater Calculations (8/19/02)
$200 401 Certification Fee Check
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
PW,ationwide, 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: Heritage Wake Forest Inc
Mailing Address: P.O. Box 1615
Wake Forest NC 27588
Telephone Number: [phone] Fax Number: [phone]
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: Brad Suther
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: bsutherpsandec com
Page I of 9
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 Wake Forest Multifamily Unit Development
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1840121018
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Heritage, Wake Forest
Directions to site (include road numbers, landmarks, etc.):
The proposed project site is located on the north side of Rogers Road (SR 2052),
approximately 1500 feet east of the intersection of Rogers Road and US 1 A, within the larger
Heritage, Wake Forest development, in Wake Forest, Wake County, North Carolina. The
project site is approximately 14.9 acres in size and is bounded to the east by the CSX Rail
Road right-of-way.
5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 723111,398 1500
(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 Heritage Wake Forest development consists of a residential subdivision and golf course
community. The 15 acre parcel proposed multifamily development is currently forested and
undeveloped.
7. Property size (acres): Multifamily development: 14.9 acres; Heritage development: 1,046
acres
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Smith Creek
Page 2 of 9
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.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work:
The purpose of this project is to provide road access to a portion of the Heritage development
bounded to the south by Rogers Road and a stream channel and bounded to the east by the
CSX railroad tracks (see attached impact map).
11. List the type of equipment to be used to construct the project:
This project entails the construction of a road crossing with conventional heavy Muipment.
12. Describe the land use in the vicinity of this project:
Residential and agricultural land use
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 buffor mitigation
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. 401
Certification and Neuse Buffer approval was waived in a letter dated 8/30/01 (DWO Project
#010757) and a Nationwide Permit was issued for these impacts on 7/1/02 after the 45-day
review period expired (AID 200120937). In an application dated 4/1/02 the applicant requested
185 linear feet of impact to two unnamed tributaries to Smith Creek. 401 Certification was
waived in a letter dated 7/31/02 (DWO # 02-0501). On May 15 2002 a Nationwide Permit 39
authorizing the impacts after the 45-day review period expired (AID 200220975). The current
project was determined by the USACE to have "independent utility" with respect to the
Page 3 of 9
remainder of the Heritage development. Therefore, S&EC is requesting a Nationwide Permit 39
for the proposed ro'ect impacts, rather than an Individual Permit.
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.
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Roadway fill 0.006 no 20 linear feet Headwater forest

* 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 hqp://www.fema.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: +/- 2 acres
Total area of wetland impact proposed: 0.006 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 Fill (culvert and
dissipater) 97 linear
feet Unnamed Tributary of
Smith Creek 3' intermittent

Page 4 of 9
* 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.
** 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 97 linear feet
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A
Expected pond surface area: N/A
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 plan development in order
to avoid jurisdictional wetlands to the maximum extent practicable. However, an unnamed
tributary to Smith Creek parallels Rogers Road on the southern end of the subject parcel making
it necessary to construct a road crossing to provide access to the parcel. Due to numerous site
Page 5 of 9
constraints, the applicant has been unable to avoid impacting this stream. CSX railroad tracks
bound the parcel to the east and the Wake Electric Membership Cooperative Facility and an
existing neighborhood bound the site to the north, making access to the parcel from these
directions infeasible. The subiect stream runs along the entire southern property line, making a
road crossing necessary at some point to access the property. The proposed road crossing
location (see attached impact map) will allow construction of a full movement drive and will
have stream and riparian buffer impacts equal to or less than alternative road crossing location
(see attached map). Please refer to the alternatives analysis described in the attached cover
letter, as well as the letter provided by Brad Rhinehalt, of Barbara H. Mulkey Engineering, Inc.,
for further explanation regarding the location of this road crossing. The proposed road will cross
the stream at an approximately perpendicular angle, thereby minimizing impacts.
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/strrngide.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 6 of 9
Because this project will be considered separate and independent from Heritage,
the USACE has stated that the cumulative impacts for Heritage will not be
considered in this application, and neither stream or wetland mitigation will be
required for the proposed road crossing impacts.
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): 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 7 of 9
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 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.

Zone*
Impacts
(s q- ft.
Multiplier Required
Mitigation
s q. ft.
1 6,485.7 3 19,457.1
2 4,814.2 1.5 7,221.5
Total 11,299.9 26,678.6
* 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 213.0242 or.0260.
Based on a 10/22/02 phone conversation with Mr. Bob Zarzecki. of NC-DWO, current NC-
DWO poligy requires mitigation for riparian buffer impacts greater than 150 linear feet or 1/3
acre per road crossing. Because the proposed riparian buffer impacts are below this threshold
(97 linear feet, 0.28 acre), S&EC believes riparian buffer mitigation should not be required for
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 atroroximately 49% of the land area of the subject
property (see attached plan provided by Mr. Michael Allen, Barbara H. Mulkey Engineering,
Inc.). Because the anticipated impervious coverage of the proposed development exceeds 30%,
the applicant plans to provide on-site stormwater treatment using five bioretention areas. Please
refer to the attached plan and calculations provided by Mr. Michael Allen for further information
regarding the proposed bioretention areas. If further information is required regarding on-site
stormwater treatment, please contact Mr. Allen at [phone].
Page 8 of 9
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.
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).
Page 9 of 9
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
- - - .'Pltn 1 UKUUV -PL-0 5621524
Soil &F :..
nvironmental Consultants, Fnc.
2444' Nest Xtjllbrock Repel . Rakigfl, N? C.avlina 27609 • . Phone. [phone] • E«; (910) 846-946'
y Web Page: w1V%?•.SAndEC.con)
AGENT A.UTHOMATI0N FORM
,;. , ; A1! Bl?tiksl'.o?l^l? led.
td.?C.The Current 1 downer
Marne. Ile
Address.
Phone:
Project Nanic:'Descliption NeQfrA61E N.4kE nest- -- -- J
Date: --
The Department of the Arr,13
US. Amty Corps of Enginccrs, Wilrttington District
P 0. Bo.
\ViL iuiq;tou, NC 28402
Attn. N4R. TODD 111GWIELL
Field OtYice RALEIGH REGULATORY FIELD OFI-7CE
Re: Wetlands Related Consulting and Pennitting
To Whom It May Concern '

1, the current pMerty owner, hereby designate and authorize Soil & Environmental Consuhants, Inc. to act in my
behalf as my agent in the processing of permit appGcatiotts, to furnish upon request supplemeatal inf, nn4on in
support of applicattons, etc from this day forward. The day o£_
This notification supersedes anyprevious correspondence concerning the agent for thjs ptOjCCt.
NOTICE: Viis authorization, for liability and protaslonAl courtesy reasons, is valid only for government
Of 16A13 to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
Ineeting prior to visiting the site. c
1
1T b1? L? ?rr,M p.v S Q? Ili ,t,I air ,c w ,/ s4. ,vs
Pnot. Property ONNner's ?Ante ro Cny er's Sigo?tu e
cc. Mr. 1oh6 Donee.
NCDEH &- NR , DWQ, Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
.cant till,
Wzdand Deli neationrPrntntrtlrs:N1:rienrrrr, Soil"Site Evaluations on-Site Septic Systems En\ironmcntal Assessments/Audi(s
Neust I13sin :art 1t'„tr)htd guf(cS FvafpAtiJhc Groundwatet Hydrology Endangered Spccies
dean, ? 0ifi.c `.;; 1601 Avenue N.F. • Hickon. Noah Cvolina 7$601 • Phone' [phone] • Fax: (Q2$1122.6790
-W -W
ITAGE
E ?4BFC ACLt,G THE PAST, EUUMNG YOUR FUTURE
Proposed Multifamily
<i<AJ KA0.
CSX Railroad
VI fY. Kw. a??s5
Rogers Road
(existing)

'S
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AN AMMON.' COW-UNETY pr /}
r /

Tt;r_ SITE PLA-4 [£ ?ifA?SEnTNT!Otir t1tG t5 ?
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SU2JECT TO Dt HGE VITHOUT NOT!CE. 7•1-e! i
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Prouosed Multifamily Deve/lop^ment ```O
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. VYAKE FOREST, NC ROLESVILLE, NC
USGS QUADRANGLE : USGS QUADRANGLE
78
120- "? ,/? ` ? ?I ? ?:C v v? ,;/r - ? • _ ?'' ,,. ? ?M
WAKE COUNTY, NORTH CAROLINA - SHEET NUMBER 15 ;
JC,nh
a? e
Proposed Multifamily Development
f`'It',
Feature B
Not subject to Buffers' y a ceC2.
CIC3 CIF. i
Featu raC2
re A
°. Subject to Buffers,
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C? C? C? M , Jb< NORTH CAROLINA DEPARTMENT OF
W22 ENVIRONMENT AND NATURAL RESOURCES
J DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
3 ILL HOLMAN
,.SECRETARY
y r
March
Sean Clark
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 00-035
Ammons Wake Forest
S & E C Project # 559
Wake County
Dear Mr. Clark:
On January 13, 2000, I met with you at the subject property to conduct a site visit for the above
referenced project. This project was initially referenced by the Raleigh Regional Office as NBRRO
00-035.
The features represented on the Wake County Soils and the USGS Wake Forest and Rolesville maps
were evaluated to determine their subjectivity to the Neuse Buffer Rule. As a result, it was
determined that there several features (streams) present on the property that are subject to protection
under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code TI5A:02B.0233 (NCAC 0233).
The unnamed tributaries to Smith and Sanford Creeks and the creek proper, have been delineated
on the map received by this Office on February 17, 2000. This letter only addresses the applicability
of the Neuse Buffer Rules. 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,
`zt
.a-
cc:

Steve Mitchell
Environmental Scientist
RRO/John Dorney
Wake County
H:\nbrlet. for\neuse.buf\bufb0\ammons.03 5
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1 0 1 0
1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST-CONSUMER PAPER

DWQ BUFFER MAP
FRANKLINMERITAGE
AMMONS DEVELOPMENT, WAKE FOREST
fieoPesEv
AVII;TI FAMILY

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GRAPHIC SCALE
1 " = 500'
500 0 500 100
Memorandum
To: Rob Weintraub, Ammons Development Group
From: Brad Rhinehalt, PE
Date: 7/16/2002
Re: Franklin Village on MF north of Rogers, west of Railroad Tracks (FV 401)
In order to design an apartment layout for this land bay, we will need access across the Neuse Buffer
as shown on the attached drawing.
Access to this tract is severely limited due to the following conditions:
? To the east are the CSX railroad tracks. As you know, the policy of NCDOT and the CSX
Railroad is no new crossings, public or private, other than those authorized by their Boards.
Because of grade differences between the rail tracks and this property, and the curvature of the
tracks along this parcel, it would be impossible to design a safe crossing. Since the Town of
Wake Forest and the Board of NCDOT have just approved a rail study that has looked at traffic
through the year 2010, there is no chance for another crossing to serve this parcel.
? To the north is the existing Wake Electric Membership Cooperative Facility. Beyond that to the
north is an existing neighborhood. Again, right of way dedication and future access in this
direction is not a possibility. Even if there were a way to connect through this older neighborhood
and gain access through Wake Electric and the other landowners, all Town traffic planning has
required future traffic to be carried by the thoroughfare system.
? To the west is a future retail development. When NCDOT approved the plans for this section of
Rogers Road they only allowed limited future drive connections. The only place approved for a
full movement driveway is on the west side of the railroad tracks within the first 1000 feet. When
CAMPO and the Town of Wake Forest approved their thoroughfare plans, they assumed that
traffic would enter and exit Rogers Road. Public safety concerns (primarily police and fire access)
also require access to the site, which has zoning for up to 164 housing units, be served by
Rogers RoAd. There is no other safe altemative to provide access to this parcel.
? To the south the Neuse buffered stream exists along the entire property line.
? As mentioned before, NCDOT will only allow limited drives off Rogers Road. Therefore, to get to
this parcel at some point you have to cross the Neuse Buffer. One alternative route could be the
allowed drive between this requested crossing and the railroad tracks (see site plan). It has been
eliminated since; 1) it is not a full movement drive, 2) it could interfere with a future grade
separated crossing of the rail tracks, and 3) it would have equal or greater impact to the Neuse
Buffer.
? Given all of the above constraints on the site, we have tried to design a stream crossing for the
site that will have the least possible impact in the buffer. To design the crossing shown, we have
adjusted the grades and minimized the fill limits as much as possible to still provide access to
accepted design standards.
ArA
AF \A
???me
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PAGE I OF E
Prepared By Alt%5 Date 8.11-U2
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PAGE 2 OF 5
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