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11010 RAVEN RIDGE ROAD
RALEIGH, NC 27614
846-5900
TO 16., 1 t) ICaYIIlla /,-"
DWQ
2321 CRABTREE BLVD
RALEIGH, NC 27604
823-0303

PROJECT Pte-' 1 it 'd
17
A SIGNATURE PRINT v!/f DATE(./ 'a//()' TIME ?':. f
1? OJO 4
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Jamie Shem
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Debbie Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Kelly Road Widening & Improvements
Apex, Wake County, NC
May 20, 2010
S&EC Project #11439.P1
NC Division Of Water Quality
401 Oversight and Express Permits Unit
Attn: Ian McMillan/Lia Gilleski
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
On behalf of the applicant, Miller Family Limited Partnership V (Attn: Richard Kolsch), please find attached a
complete application and supplemental information requesting written concurrence from the U.S. Army
Corps of Engineers (USAGE) and the N.C. Division of Water Quality (NCDWQ) that the activities proposed
below may proceed under Nationwide Permit 18 and General Water Quality Certification 3821. In addition,
it is important to note that a pre-application meeting was held on May 17, 2010 with the NCDWQ. During
this meeting, Mrs. Lia Gilleski consulted with Mr. Jamie Shem of the USACE regarding the project area and
the Nationwide Permit to be used for this project. As a result of this discussion, Mr. Sherri agreed to the
project area shown on sheet 2/3 and was amenable in allowing the applicant to request the improvements
on an NCDOT road. Please contact me at [phone] if you have any questions or require additional
information.
PROJECT SUMMARY
Project Name Kell Road Widening & Improvements
Project Type Road Widening & Improvements
Owner / Applicant Miller Family Limited Partnership V
County Wake
Nearest Town Apex
Waterbod Name Reed Branch
Basin / Sub-basin 16-41-10-1
Index Number 03-06-05
Class WS-IV, NSW
IMPACT SUMMARY
Stream Impact (acres): 0.003 (permanent)
0.008 (temporary)
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.011
Total Stream Impact (linear feet): 31 (7 ft. perm + 24 ft. temp)
Attachments: Existing Conditions Map
Pre-construction Notification (PCN) Application Proposed Site Plan
Agent Authorization Impact Map
USGS Vicinity Map PCN Checklist & Data CD (DWQ only-1 copy)
Wake County Soil Survey $1000 Water Certification Fee (DWQ only)
Photos 1-4
Synopsis of Agreement for Offsite Construction
Charlotte Office: Greensboro Office:
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
O?OF WATF9QG
o -c
Office Use Only:
Corps action ID no.
DWQ project no.
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:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: N/A
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
® 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Kelly Road Widening & Improvements
2b. County: Wake
2c. Nearest municipality / town: Apex
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: Miller Family Limited Partnership V
3b. Deed Book and Page No. D.B. 7599, Pg. 305
3c. Responsible Party (for LLC if
applicable): Richard Kolsch
3d. Street address: 595 Route 25A Suite 1
3e. City, state, zip: Miller Place, New York 11764
3f. Telephone no.: 631-209-0919
3g. Fax no.: 631-209-0909
3h. Email address: N/A
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Owner-please send correspondence to agent and
copy owner and applicant.
4b. Name: Richard Kolsch
4c. Business name
(if applicable): Miller Family Limited Partnership V
4d. Street address: 595 Route 25A Suite 1
4e. City, state, zip: Miller Place, New York 11764
4f. Telephone no.: 631-209-0919
4g. Fax no.: 631-209-0909
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Debbie Edwards
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: 919-846-5900
5f. Fax no... 919-846-9467
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Parcel ID: N/A NCDOT Right-of-Way
1 b. Site coordinates (in decimal degrees): Latitude: 35.7381 Longitude: - 78.8959
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.24 acres (project area)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Reedy Branch 16-41-10-1
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV; NSW
2c. River basin: Cape Fear 03-06-05; Hydrologic Unit Code 03030002
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: The existing conditions on site are dual 67"x 95" arch culverts with a 60' Right-of-Way and approximately 23
feet of pavement width. The general land use in the vicinity of the project is residential, agricultural and forested.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no wetlands within the project boundaries.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 31 linear feet of stream.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a sidewalk and widen the south bound lane on Kelly Road.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project includes the extension of dual Arch culverts and associated headwalls, the construction of a
proposed sidewalk and the widening of the southbound lane of Kelly Road for approximately 202 linear feet. Heavy
equipment typically used for road construction will be employed for this project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ? No ® Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary? Final
Comments:
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Other:
Name (if known):
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain. N/A
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 number Type of jurisdiction
- Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact
Temporary T impact if known DWQ - non-404, other acres
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
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 number Type of Stream name Perennial Type of jurisdiction Average Impact
-Permanent (P) or impact (PER) or (Corps - 404, 10 stream length
Temporary (T) intermittent DWQ - non-404, width (linear
(INT)? other) (feet) feet)
S1 ®P ? T Culvert
Extension Reedy Branch ® PER
? INT ® Corps
? DWQ 12'-20' 7
S2 ? P ®T Diversion &
Construction Reedy Branch ® PER
? INT ® Corps
? DWQ 12'-20' 24
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 31
3i. Comments: Sand bags will be used to divert flow into the north and south culvert separately for construction. Please
reference sequence of construction on sheet 213 for details of temporary impacts. All temporary stream impacts will be
brought back to original elevation and banks will be stabilized.
Page 4 of 10
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 individual) list all open water imp acts below.
4a. 4b. 4c. 4d. 4e.
Open water impact Name of
number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number 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:
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 for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
61 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed impact will result in 7 linear feet of permanent impact to an important/perennial stream. Sandbags
will be used to divert flow to ensure work in the dr. For a detailed sequence of construction please see sheet 213.
All temporary stream impacts will be brought back to original elevation and banks will be stabilized.
Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permit 18. With
respect to minor discharge conditions (Regional Conditions section 4.0) this project is not being used in conjunction
with a NWP 14 to create an upland area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion & Sediment Control measures such as silt fencing and sandbags will be used to protect water quality
during construction activities.
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
? Payment to in-lieu fee program

pro
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
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: 0 linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments: Because there are no proposed permanent impacts to jurisdictional wetlands and less than 150 linear
feet of permanent important/perennial stream impact, the applicant is not proposing compensatory mitigation. If
however, after review of this application the USACE determines mitigation is required, the applicant will utilize a private
mitigation bank or the Ecosystem Enhancement Program (NCEEP) for any mitigation requirements.
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within ® Yes ? No
one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: This project is located within the Jordan Lake Watershed and is subject to p Yes ® No
the Water Supply Nutrient Management Strategy. However the portion of the rule that
requires diffuse flow for private developers is not currently being implemented.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 50%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The new stormwater from the road
improvement project will total 0.93 cfs. Stormwater is currently being directly discharged into an existing 30 inch RCP on
the north side of the crossing (see photo #4). In our pre-application meeting on May 17, 2010, Mr. Joseph Gyamfi
requested calculations of what is currently being discharged into the 30 inch RCP. Mr. Gyamfi made the determination
during this meeting that if the existing 30 inch RCP is sized appropriately to handle the existing stormwater and the new
stormwater then the new stormwater could be discharged directly into the existing 30 inch RCP on the north side of the
crossing. Please see attached calculations-sheet 213.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A
? 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 apply ? NSW
? USMP
(check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
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
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and
Isolated Wetland Programs" document prepared by the NC Division of Water Quality on October 3, 2002, version
1.6. The proposed project is considered a "small-scale widening" with low potential for cumulative impacts. The
adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires
protective riparian buffers; 2) the Phase // NPDES Stormwater Permit Program, which includes permitting
requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post-construction stormwater
management requirements; and 3) the Jordan Lake Nutrient Management Strategy which became effective August
11, 2009 and is scheduled to be implemented in full by August 2012. These regulations will require stormwater
treatment for new development, limited development within the riparian buffer area in addition to "diffuse flow"
requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow
cannot be achieved for new development and wastewater discharge limits, agricultural nutrient reduction goals and
fertilizer management.
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.
N/A, The project is a public road project and will not require wastewater treatment.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. 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
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC-Natural Heritage Programs Virtual Workroom was used to search for elemental occurrences of state and
federally protected species in the vicinity of the project. It was determined based on the search that an elemental
occurrence of the natural community Piedmont/Mountain bottomland forest and a floodplain pool was identified
within 2 miles of project site. The search revealed that there is no State or Federally listed Threatened or
Endangered species near the project. References: [NHP] North Carolina Natural Heritage Program. 2010.
Internet-based search: Natural Heritage Program Virtual Workroom <http://www.ncnhp.org> Accessed 19 May
2010.
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?
References: [NOAH] National Oceanic and Atmospheric Administration. 2009. Internet-based search: NOAA
Fisheries Essential Fish Habitat Mapper <http://Sharpfin.nmfs.noaa.govlwebsitelEFH Mapper/map.aspx>
Accessed 19 May 2010.
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 ? Yes ® No
Historic Trust designation or properties significant in North Carolina history and
archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No
structures were observed during the wetland boundary evaluation. The project will be constructed on developed land and
is within the Town of Apex ETJ.
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: The 7 feet of culvert extension will not affect the current flow
capacity of the existing culvert, nor will it have a measurable rise in flood elevation on the upstream side of the
culvert.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System
Debbie Edwards _ May 20,
2010
'
Applicant/Agent
s Printed Name
Applicant/Agen s Signature

(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.
Page 10 of 10
Name:
Address:
aV11 cx rujivironmental Consultants, PA
11010 Raven Ridge Road • Raleigh. Nosh Catalina 27614 • Phone: {919) 946-59(() • Fax: (919) 84(-0467
k+•wK•.Salxtl Cx(mn
Phone: t 0 A I - ZC\?=i -

Project Name/Description 1_tLSL ._t1Cc
_ L e 1Cir1 t? 8EC Project #_ l "A
Date: ?.-- ?° I r-% The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: am , Kew)
Field Office: W_ct Iei.?Z J,-.
Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
I, the current landowner or municipal official hereby designate and authorize Soil & Environmental
Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc. from this day forward. The
---- day of C) !,
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
-RiCLACif-d. Kr,
Print Property Owner's or Municipal Official's Name
?- troperty OwAer's or Municipal Official's Signature
cc: Ms. Cyndi Karoly

NCDENR - DWQ cc: Ms. Debbie Edwards
2322 Crabtree Boulevard Soil & Environmental Consultants, PA
Raleigh, NC 27604
Charlolle f )ffir ••
236 UPhiilip Court. Suite C C; • • • ilo , () •-c ..
Concord. NC 28025 3317-F L vwndale Da ive
Phone: [phone] Gritlishmvo. NC 27455
Fax: 1704) )720-94(ki Phoncr (336)540.234
Fax: (336) 540-s235
C1 s?l?.
AGENT AUTHORIZATION FORM
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Pro
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Miller Family LP 11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
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Project No. Ficjure 2-NKC5
11439.P3
Soil Survey Map
Project Mgr.: Kelly Rd Soil & Environmental Consultants, PA
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Miller Family LP 11010 Raven Ridge Rd.• Raleigh, NC 27614
Scale: Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com
I" = I ,320'
Wake County Soil Survey
05/06/ 10 Sheet 65
Kelly Road Widening & Improvements May 20, 2010

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PHOTO 1-FACING NORTH JUST ABOVE THE END OF EXISTING WIDENING
PHOTO 2-FACING NORTH AT END OF THE EXISTING WIDENING ALONG CURB LINE
Kelly Road Widening & Improvements May 20, 2010

PHOTO 4-EXISTING 30" PIPE ON NORTH SIDE OF CROSSING
PHOTO 3-FACING SOUTH AT THE END OF EXISTING SIDEWALK ON NORTH SIDE OF
CROSSING
Synopsis of Agreement for Offsite Construction -
Miller Family Limited Partnership V
The agreement to perform improvements offsite north of the daycare site on Kelly Road,
formerly owned by Miller Family Limited Partnership V, arose out of the construction of Evening
Star Drive.
Evening Star Drive connects the single family residential project owned by Metropolitan
Development to Kelly Road, however, to do so it must cross across property owned by the Miller
Family Limited Partnership V which is adjacent to Kelly Road. The northern portion of this tract is
commonly referred to as "the daycare site." Metropolitan Development's only obligation regarding
access to Kelly Road pursuant to its site plan for the single family residential project would have
been a two lane street with a T intersection with Kelly Road. No other improvements would have
been required pursuant to the Uniform Development Ordinances of the Town of Apex and the
DOT driveway permit requirements.
Realizing that in the future, when the daycare site was developed, the improvements made
by Metropolitan Development for Evening Star Drive would have to be removed and greater
improvements made to the intersection with Kelly Road, including a deceleration lane and additional
curb and guttering, Miller Family Limited Partnership V, as the owner of the daycare site, offered to
the Town and Metropolitan to build all the required improvements at the Kelly Road intersection
"now" (i.e. late 2008, early 2009) in exchange for a contribution from Metropolitan Development
equivalent to the cost of its required improvements and a nominal contribution from the Town of
Apex. An agreement was entered into accordingly. The portion of the project which included the
Evening Star Drive improvements and a sidewalk along Kelly Road was referred to as "Phase I" in
the agreement.
In July, 2009, Improvements on-site at the creek that is the Northern boundary of the day
care site, and improvements off-site at the creek and further North requested by the Town and the
linking of the Phase I sidewalk and an existing sidewalk, where referred to in the agreement as
"Phase II."
A construction delay associated with the relocation of an underground cable allowed
Metropolitan Development to evoke a provision in the agreement regarding a deadline for
completion and it requested the refund of its money from the escrow agent. The project therefore
stalled. Ultimately, the Town completed Evening Star Drive (Phase I) with contribution from
Metropolitan. Miller Family continued under its agreement with the Town to complete the offsite
(Phase II). During the interim, a buyer became interested in the daycare site and the site plan
approval and permitting process was begun.
The offsite improvements project could not have been tied to the development of the
daycare site. The portion of the offsite that needed to be completed was a result of the failure of the
Town to tie the completion these improvements to the adjoining subdivision to the North
(Abbington Subdivision) or getting a fee in lieu of construction when that subdivision was
developed approximately 20 years ago. Were it not for the voluntary agreement of Miller Family to
complete the construction (with reimbursement by the Town), the Town would have had to
complete the construction itself, or it would remain unfinished. Furthermore from an engineering
standpoint, it was impossible for Miller Family to complete the improvements that were required as
a condition of site plan approval without the mirror image improvements being made to the North
side of the creek where Kelly Road crosses.
Version 1.4
January 9, 2009
401 Oversight/Express Permitting PCN Submittal Checklist
? The application fee (Checks may be made out to "N.C. Division of Water Quality"
$240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
Express Review Fee (Amount requested on Acceptance Letter)
® Five (5) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 5 copies of the full size plans you may provide two
copies of full size plans along with three copies of 11 X 17 plans)
? Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMP(s) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(_http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required
items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
? If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp_jorms.htm).
? DWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
® The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
® Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers.
® The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
® Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to jurisdictional and non-jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
® Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-Vr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
® Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48
inches, and 1-foot for culverts > 48 inches).
Version 1.4
January 9, 2009
Wetland Impacts:
? Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
? Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
? Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
? Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
? The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
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aH
1 /
I a H I I EXISTING MANHOLE
1 I TOP 306.92 (RAISE TOP EL. TO 309.50)
INV OUT 296.11
EX. 30" RCP
CE STING SIDEWALK
/ \

?- L/1 LI
PROPOSED CURB AND GUTTER -
EXISTING EDGE OF PAVEMENT
PROJECT UMrra-J
.

EXISTING EDGE OF PAVEMENT
41-?x ISTING DUAL 67"x
PROPOSE PIP E TEN ION EX CBI
LJ W
co w m m I° ® -EXISTING C&G
0 EX 0 ?I
N O O 10
RO' 0
rphs?-Ri OR
CMP
R/
EXISTING
CROSS-SLOPE
'ROJECT L1Mfra

INV IN 300.33
SEQUENCE OF CONSTRUCTION:
1. INSTALL EROSION CONTROL MEASURES AS SHOWN.
2. TEMPORARILY DIVERT FLOW FROM SOUTHERN CULVERT BY SANDBAG DAM IN CREEK USING NORTHERN BARREL FOR FLOW.
3. CONSTRUCT SOUTHERN PORTION OF FOOTING FOR NEW HEADWALL LEAVING REBAR EXTENDING BEYOND THE JOINT IN THE
MIDDLE OF FOOTING.
4. REMOVE ENOUGH OF EXISTING HEADWALL TO EXTEND THE SOUTHERN PIPE.
5. EXTEND 67"x95" CMP ARCH PIPE ON SOUTHEN BARREL PLACING FILL UNDER PIPE. PLACE CONCRETE FROM FOOTING TO
BOTTOM OF PIPE AT HEADWALL.
6. REMOVE SANDBAG DAM FROM SOUTHERN BARREL AND PLACE A SANDBAG DAM TO DIVERT FLOW FROM THE NORTH BARREL
USING THE SOUTHERN BARREL FOR FLOW.
7. CONSTRUCT THE NORTHEN PORTION OF THE FOOTING AND EXTEND THE NORTH BARREL. (REMOVING THE OLD HEADWALL
AS NECESSARY).
B. REMOVE THE SANDBAG DAM.
9. CONSTRUCT NEW HEADWALL AROUND PIPES.
10. BACKFILL BETWEEN NEW HEADWALL AND OLD HEADWALL WHILE REMOVING THE REMAINDER OF THE OLD HEADWALL.
11. COMPLETE FILL SLOPE. EXISTING MANHOLE TOP MUST BE RAISED DURING OR BEFORE THIS STEP.
12. INSTALL CURB AND GUTTER, PAVEMENT, SIDEWALK AND HANDRAILS.
13. SEED ANY REMAINING EXPOSED EARTH.
14. WHEN ALL EXPOSED AREAS HAVE BEEN STABILIZED, REMOVE EROSION CONTROL MEASURES.
15. REPLACE EXISTING GRATE AT THE EXISTING CATCH BASIN WITH A TYPE E GRATE.
16. SHEET PILES COMBINED WITH SANDBAGS MAY BE USED AS AN ALTERNATIVE TO DIVERT FLOW ON THE UPSTREAM SIDE.
L-INV IN 300.67
VLo®13WAY
SITE DATA AND DRAINAGE INFORMATION
PROJECT AREA- 10.437.56 sf (0.24 ac.)
EXISTING IMPERVIOUS AREA- 3.494.46 sf (0.08 ac.)
PROPOSED ADDITIONAL IMPERVIOUS AREA- 1,920.91 sf (C.04 ac)
TOTAL IMPERVIOUS AREA- 5.415.37 sf (0.12 ac.)
ADDED cfs TO EXISTING CATCH BASIN- 010- 0.93 cfs
010 AT EXISTING CATCH BASIN 1- 27.63 cfs
TOTAL COMBINED 010 AT EXISTING CATCH BASIN 1- 26.56 cfs
EXISTING PIPE FROM EX CBI WILL CARRY 49.80 cfs
GRAPHIC SCALE i"=20'
0 20 40 60
KELLY ROAD WIDENINC3
KELLY ROAD WIDENING PROPOSED SITE PLAN I' L-i4:gF1 'j - C?iII??c? aLMCA Ass®ciat?s OWN L
BY: - JOB M: 4095.30 sHlr:
875 W®.Inut Stroat Sulto 3B0 Cary, NC Phono= [phone] Fnx- [phone] 2/3
DATE: - -- -- HRZ SCALE: 1"=20'
\ PROPOSED HEADWALL
0,5 PROPOSED FILL AREA
ZONE 1 O? BUFFEA?
ZONE 2 20' RIIFFGn_

ED PIPE
ENO ??>?17S! ?-?`
TRANSPORTATION PROJECT
EXISTING EDGE OF PAVEMENT--,'
PROPOSED CURB AND GUTTER
EXISTING DUAL 67"x95" CMP--?
R/W
I
PROPOSED SIDEWALK
END OF EXISTING
-TRANSPORTATION PROJECT
MNSION EXISTING SIDEWALK
J EXISTING C&G
PROPOSED CURB AND GUTTER
EXISTING EDGE OF PAVEMENT
EXISTING EDGE OF PAVEMENT
? I
I
m
X
H
Ul
H
TEMPORARY IMPACTS
TOTAL TEMPORARY IMPACT- 351.01 sf (0.01 ac.)
TOTAL LF- 24'
PERMANENT IMPACTS
TOTAL PERMANENT IMPACT- 122.79 sf (0.00 ac.)
TOTAL LF- 7'
ZONE 1 IMPACTS
TOTAL PERMANENT IMPACT- 1,040.58 sf (0.02 ac.)
ZONE 2 IMPACTS
TOTAL PERMANENT IMPACT- 411.16 sf (0.01 ac.)
Z
G)
In
D
m
v
3
GRAPHIC SCALE I"=20'
t;j
_. ?.?
0 20 40 60
KELLY ROAD WDENING
KELLY ROAD WIDENING IMPACT MAP
875 Walnut Street Sulta 360 Cary, NC Phone: [phone] Fax: [phone] OWN BY: - JOB P: 4095.30 SHT:3/3
DATE: -- -- - HRZ SCALE: 1"=20'
?l
v / ZONE 1 30' BUFFER
w / ZONE 2 20' BUFFER
LL
ATO EXISTIN POWER POLE
BE RE OCATED
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