20091171 Ver 2_More Info Received_20100223

FASCL4NO & CO., LLC
rs ire-ri?mow
February 22,2010
Dear Ms. Chapman:
4616 Woodndge Dnve
Raleigh NC 278612
Telephone [phone]
Cell Phase 828-320-7206
E-Mail -

Please find enclosed my PCN for DWQ Buffer Rule approval. (Riparian Buffer Authorization). I am only
seeking Buffer Rule approval in writing so I can move forward with the repair of the erosion of the
stream bank. The project (Repair area # 3) is located at Sumter Square Apartments behind building
604 Charleston Rd. Raleigh, NC. 27606. This is phase 2 in repair of three areas along the creek bank
needing repair. I have been in contact with Mrs. Witherspoon on this project (repair of Area #1) and
now forwarding this application to you for consideration. If you have any questions please feel free to
contact me at any time.
Sincerely,
i?
Joe Fasciano Sr
FASCIANO & CO., LLC
?t? ??N4
FEB 40
eQi0
WEtIANDE AND ?NTTER OVAUTY
ORh1F1.9TEN BRANCH

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO.
PLAN NO. PARCEL ID:
STREET ADDRESS: ?/3 C r I-le n
1 0- -7
Please print:
Property Owner:
Property Owner:
Sw-)-2C'L'r-ej L,4,-"
The undersigned, registered property owners of the above noted property, do hereby authorize
4
'Zc' -gas C'4-ccro of 4-as &'" 0
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
1rP) - lc?s r? ec-) eak?l"cA 1Vc8-706(0
Telephone: 6/' 4-
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Authorized Signature Authorized Signature
Date: ,2-1100110 Date:

S
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCEL ID:
STREET ADDRESS: f !2?. C C f ILA' I
k(A r C J-7 i
J
Please print:
Property Owner:
Property Owner:
z

j i ' >

The undersigned, registered property owners of the above noted property, do hereby authorize
(Contractor / Agent) (Name of consulting firm) W
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's ress (if different than property above):
>? 7
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
m
Authorized Signature
Date: D
Authorized Signature
Date:
DR- it'll UaL
Office Use Only:
Corps action ID no.
DWQ project no.
L Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a . Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ? No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ®
No
11g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Sumter Square Apartments
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Sumare Limited Partnership
3b. Deed Book and Page No. Book 05695 page 0666
3c. Responsible Party (for LLC if
applicable):
Drucker and FaIk,LLC Agent
3d. Street address: 7200 Stonehenge Dr
3e. City, state, zip: Raleigh NC 27616
3f. Telephone no.: 919-846-7300
3g. Fax no.: 919-846-9771
3h. Email address: DruckerandFalk.com
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Don Waters
4c. Business name
(if applicable): Drucker and Falk.,LLC
4d. Street address: 7200 Stonehenge Dr
4e. City, state, zip: Raleigh, NC 27616
4f. Telephone no. 919-846-7300
4g. Fax no.: 919-846-9771
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Joe Fasciano Sr
5b. Business name
(if applicable): Fasciano & Co. LLC
5c. Street address: 4616 Woodridge Dr
5d. City, state, zip: Raleigh NC 27612
5e. Telephone no.: 919-785-2274
5f. Fax no.: N/A
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Pin Number 0783161325
1 b. Site coordinates (in decimal degrees): Latitude: 35.77302 Longitude: - 078.72674
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 35.51 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT Walnut Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C NSW SIN 27-34-(1)
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Land use Urban Multi family 1.01.03.03 Land cover 1 Heavy development-disturbed An apartment complex
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approx. 1,760 lin, Ft. perennial
3d. Explain the purpose of the proposed project:
The purpose of the project is to stop and repair the bank erosion under way along the creek
3e. Describe the overall project in detail, including the type of equipment to be used:
Phase #3 Repair
Install approx. 50' retainig wall using Large natual boulders(2'X3' avg) to repair existing steam bank erosion near a
walking path. Restore aprox. 7'-8' of eroded bank to stabilize the stream bank and prevent any further bank erosion.
Installation of the boulder wall will be done using mostly hand tools, and a small 435 series Bob Cat mini exavator.The
boulders will be set by hand and no equipment will be on the bank or in the stream at any time.The boulders, washed
stone and soil will be ferried using a small Bob Cat track loader to the top of the bank and installed by hand , the boulders
will be lowered into place with straps. A layer of class II rip rap will be installed at the base of the boulders to futher defuse
any water coming in contact with the boulder wall and prevent any under minning of the boulders. All exposed or
disturbed soil above the top of the bank will be seeded in turf, or planted. The planting will be a mixture of native trees
and shrubs to further stabilize the steam bank per the landscape plan. There is turf at the repair area currently which is
eroding into the creek.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ® Unknown
Comments: For this project yes any past projects unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NC Division of Water
Name (if known): Mrs.. Lauren Witherspoon Quality-Surface Water Protection
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
13 October 2009 State DWQ
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
DWQ Project # 2009-1171 Wake County Dated October 28,2009 Issued December 7,2009
Steam bank repair # 1. Repair of eroded stream bank area along a existing walking path with a gabion basket system
180 sq. ft Zone-1 Buffer repair.
Reclaimed 7'-8' of lost bank,. Install native plant material to further stabilize the bank area
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
Three steam bank erosion projects to be repaired as budgeting allows
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10
DWQ - non-404 stream
width length
(linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No

B3 ®P ? T Stream
bank
U T to Walnut Creek ? Yes
® No
150
0
erosion
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
No existing vegatation or trees will be disturbed, all work is directed around existing barren earth, new vegatation will be
planted to futher stabilize the bank area
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
95% of project will be installed by hand labor Extreme care will be taken not to disturb any area out side of the repair area.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project? El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Project is to correct stream bank erosion no work will be preformed in ? Yes ® No
the stream
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? %
2b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c . If this project DOES NOT require a Stormwater Management Plan, explain why:
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes
® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met?
? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes ? No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ® No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ® No

5c. If yes, indicate the USFWS Field Office you have contacted. F1 Raleigh

? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
!V /D
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.) ate
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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NOV-02-2009 10:18 DRUCKER AND FALK. 919 946 9771
SAMPLE AGENT AUTHORIZATION FORM
PROKRTy LEGAL DESCRIPTION:
LOT NO. PLAN No. __ .--- PARCEL ID:
srn¢r ADDRESS, r-7 2 0 0 CA-r-xn z- ! f

please print:
Property owner:
P.01
The undersigned, regLqered pmp" owners of the above robed property, do /hereby authorize /T
tVt YL
(CaIlraCWr J Agent) (blame of consulting firm}
to ad on my behaif and take all actions necessary for the processing, Lc"nce and acceptance of
this permit or ceMfttion and any and all standard and spedal conditions attached.
Property Owner's address (if different gran property above):
Telephone: ttf Gy -'7 -?
We hereby comfy the above information submitted in this application is true and accurate to the
best of our knowledge.
A orized ignature
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Authoftml Skjnature
Date:
-1-
NOV-02-2009 10:18 DRUCKER AND FALK
i
SAMPLE AGENT AUTHORIZATION FORM
919 945 9771 P.02
PROPERTY LEGAL DESCRIPTION;
LOT NO. PUN NO. PARCEL ID:
STREET ADDRESS: &9112 k-fil:M?5
.2 74 0 !o
L5u-wt,4--e.
Please print:
Property Owner:
property Owner-
The undersigned, registered property oveters of the above noted property, do hereby authorize
l 4a-sacno . of I Ll 21Y? L C.t ft?
(Contractor / Agent) (NM e Of Consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached-
Property Owner's Address (if different than property

Telephone: q/d
7 /a.0 do
We hereby certify the above information submitted in this application Is true and accurate to the
best of our knowledgm
lox If-
iuthorfz
ed sg tum
Dace: r Z B
I pwfl o-e
TOTAL P.02
Authorized Signature
Date:
ICDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 7, 2009
Drucker and Falk, LLC Agent
Attn: Mr. Don Waters
7200 Stonehenge Dr, Suite 211
Raleigh, NC 27616
DWQ Project # 2009-1171
County: Wake
Subject Property: Sumter Square Apartments Streambank Stabilization
UT to Walnut Creek [030402, 27-34-(1), C, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Waters:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 180 fl of Zone 1 of the protected riparian buffers to construct the proposed
gabion basket system at the subject site, as described within your application dated October 28, 2009,
received by the Division of Water Quality (DWQ) on November 2, 2009, with additional information
received from you on November 30, 2009. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge regulations.
This authorization certification is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
Zone 1 Buffers 180 ( are R} Application
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
401 OversightlExprew Review Pemtidirxj unit
1650 Mal service Certler, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree blvd.. Raleigh. North Carolina 27604
Phone: [phone] t FAX: [phone]
Internet: hBpA2o.erv.state.nc.ushxnveBandsI
NorthCarohna
NQ'tlt'1'ally
A- P-A r Wwwbtm1v % Affim:&e Actim Enmbyer
Wi . Don Waters
Page 2 of 2
December 7, 2009
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocitie-s"througl the protected stream buffers and Will notre-concentrate before discharging into-
the stream as identified within 15A NCAC 2B .0233(5).
6. Protective Fencing
The nutside buffer, vvetl?nd nr water hoimdarv and along the constnictinn. corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B.0233.
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Mr. Uon waters
Page 3 of 3
December 7, 2009
8. Deed Notifications
Deed notifications or similar mechanisms shall- be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision
is subject to review as provided in Articles 3 and 4 of G.S. I50B. This Authorization shall expire
five (5) years from the date of this letter.
9. This approval is for Phase 1 only. Detailed plans, including areas of buffer impacts, must be
submitted to apply for modification to this Certification prior to commencing construction of Phases-2
and 3.
This letter completes the review of the `No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or
Cyndi Karoly at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
,J1
Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Joe Fasciano Sr, Fasciano & Co, LLC, 4616 Woodridge Dr, Raleigh, NC 27612
DLR Raleigh Regional Office
tuename: u9114 1SumterSgApartmentsStreambankStabilization(Wake)NBR
i 47VA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
October 22, 2009
Joe Fasciano
4616 Woodridge Dr
Raleigh NC 27612
BASIN:
Neuse River Buffer Determination X
Tar-Pamlico Buffer Determination
NBBRRO#09-154
Wake County
(15A NCAC 2B ,0233)
Project Name: Sumter
(15A NCAC 2B.0259)
Location/Directions: located behind 5105 Fort Sumter Road
Subject Stream: UT to Walnut Creek
Date of Determination: 10113109
Feature(s) Not
Subject Subject Sta!! [?- -Survey Soil USGS
Too Intermittent/
Perennial
A X (throughout) X X Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject' have been located on the property and possess characteristics that qualify it to be a stream. There may
be other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer
rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this
letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that
the applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper
NonrthCarolina
- AIAM27!!#
Customer Service
877-623-6748
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject
property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any
inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US
Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
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Author

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PLANT LI57 SALE IS EVEN N i FINI5t1ED GRADE FINISHED GRADE
Broadleaf Deciduous ~ PAINT ALL curs 1°=10' PAINT ALL GUTS OVER I' DIA.
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Y 9 ~ ° Existing Grade ~°a ~ ~ ~ ° 2 STRAND TRI5' f 2 STRAND TRI5TED 12 GUAGE t
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~ ~ DRIVEN CMIN. 18' DRIVEN CMIN. 18'~ FIRMLY ' !NTO SUBGRADE PRIOR
2.0" Proposed Plantings !Nro suaGRADE Broadleaf Evergreen ro EACxFILUNG ~ ~ ~Gover Exposed Earth 70 BAGKFILLING
I - With a Erosion Control Blanket STAKE AsovE F Code Name Quantity Scientific Narne Common Name Alias Planting Size i - oR As NECESS. STAKE ABOVE FIRST BRANCHES ~ OR A5 NECESSARY FOR FIRM z ~
~ To Control Any Soil Erosion SuPPORr SUPPORT FORM MULCH ~ xr ~ sAUCER ~ I _ ~
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REMOVE AIR P0~ REMOVE AIR POCKETS (-i i I= ~ (1=1 ~ ~ 1 i ~I_lil III-IiI_li1-11_ D~~~KO~11o~
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