20091171 Ver 3_401 Application_20110311

1. I.
FASCIANO &C yLLC
March 16, 2011
Dear Ms. Chapman:
4616 Woodridge Drive
Raleigh NC 278612
Telephone [phone]
Cell Phone [phone]
E-Mail FASLLCONC.RR.COM
0?-ICTI V,3
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 # 2) is located at Sumter Square Apartments behind building
4905 Dana Dr. Raleigh, NC. 27606. This is phase 3 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 area
#3)) and now forwarding this application to you for consideration. If you have any questions please feel
free to contact me at any time.
Sincerely,
?6' r
Joe Fasciano Sr
FASCIANO & CO., LLC
4441
w ?
? ? ?fo. 722 ? ? ?;rs ph `aSrlar2 C-)
e Y
'V
/1 R 17 2011
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRFnON:
LOT NO. PLAN NO. PARCEL ID:
I
ADS: `l 'Nov sA-pn Drive, AO
STREEr
&I - k K 0-.,o
rcgq
Property Owner:
WaAers ?)e2i'ona
The undersigned, registered property owners of the above noted property, do hereby authorize
-Yoe -U.s e"40-n ?Fascx"04-U4 L-Lc-,
(Qw*acWr / Agent) (Name of eons bV fpm)
to act on my behalf and take all actions necessary for the processing, iss enm and acceptance of
this permit or aertitication and any and aM standard and special oorx*lor>s attaclmd.
Own Ws Address (if dlff event that property above):
Tdephone: c) 19 " ?'[(# ` 7300
We hereby certify the above Information submlited in fttis application Is true and accurate to the
best of our lax wledge:
Authorised Signature
Da6e: :3 6
Authorized Signature
Data:
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRUMON:
LOT NO.
PLAN NO. PARCEL ID:
smur, (Q13 C?a r (e-,3+w) Qoctd ?a, lei??l?
Mc a7Wcv
Please pdnt.
mare , L
:ftop"OvNW:
Propem,Ownr:
The undersigned, regMaW prop" owners of the above noted property, do hereby authorize
sej a.nC? , of od ft L?
(Contractor / Agent) (Name of consu t firm)
to act on my behalf and take all actions neoessary for the processing, Issuance and aoceplxwe of
this permtt or certification and any and all standard and special conditions attached,
Property Owner's Address (If dif6erent than
above):
x-71010
We hereby on* the above Information submitted in this application Is true and accurate to the
best of our knowledge.

Authorized Signature '
Date:
0
S
0
0
N
m
U
Q
3
0
U
Eli

y
0

ry
7
j.

c
M
0
5-
LLI
z
LL?

W

CA

H

Cf7?

tt7

W

H
t?J

4.i
_
ij

C

5-
W_
4
I-
W
J
W
cn
mj

v
[,
n
L
C N
O?0?WAT!9y
6
09-1111 V3
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit ? 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
1d. 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
le. 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
1g. 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 Falk, 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 1 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 fin, 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 # 2 Repair
Install approx. 30-'35' retainig wall using Large natural boulders(2'X3' avg) to repair existing steam bank erosion near a
existing 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 undermining of the boulders.
All exposed or disturbed soil above the top of the bank will be seeded in turf, or planted. The plantings 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. No exisitng trees or plantings will be disturbed in the repair of the bank.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No 10 Unknown
project (including all prior phases) in the past?
Comments: For this project yes any past projects unknown
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
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
DWQ Project # 2009-1171 v2 Wake County DAted March 2, 2010
Stream bank repair # 3 Repair of eroded stream bank area along a existing walking path using large natrual boulder
retaining wall system
150 sq. ft. of Zone-1 Buffer repaired
Reclaimed 8'-9' of lost stream bank. Installed native plant material to further stablize the bank area from erosion
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
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 - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (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 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
5L 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 impact re uired?
B1 ?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
1a. 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
? USMP
apply (check all that apply): ? 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 El 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)?
1c. 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 ? 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.
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
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. VVNI this project occur In or near an area with federally protected spades or
habitat?

? Yes No,
5b. Have you checked with the USFWS concerning Endangered Species Act

impacts?
?Yes ®NO
5ca 0 yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Crflk*J
Habitat?
6. Essential Fish Habitat (Corps Requirement)
8a. VM this project occur In or near an area designated as essential fish habitat? ? Yes ® NO
8b. 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. YM 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 archaological resources?
8. Flood Zone Designation (Corps Requirement)
88. VWI this project occur in a FEMA-designated 10a-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?
Don Waters
ApplicanVAgenrs Printed Name
4AcanZVAgenrs lure
(Agenrs signaUae Is VAN only it an aWhoftevon
Eerier km the is
/Date
Page 10 of 10
??£gig'Tp ss
- 44$® qYe$$
_ _ iPE€?g?6ltl
1
I ;
9 /
' / / GREEK
? PRE LDER WALL
o:
SHRUB FLLA T- ES TYP_ SILT FENGE
&y`•g a {
TREE PLANTIN - WIRES AI? ? ?$e
•?•,, yc E?€4n BLS 89
DER WALL
LANDSCAPE DEVELOPMENT PLAN
LANDSCAPE DETAILS
/ ? ae;me
O gGd'°?f ae£
€?" ?fki9e
/?"? d?f B£BB?x??
D / x
/ / LpNOSEGpPE NEVE OPMEN PLAN
/ `?LY CREEK pNK STpBILIZPTIONTPROJEGT w
/ E C3
?/ L 3