20051876 Ver 4_Application_20110506

WITHERS ORAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 101
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
NC Division of Water Quality - 401 Wetlands
TO: Unit
1650 Mail Service Center
Raleigh, NC 27699
D5-lg,)co V4
UTR (OF v HS uAi it l U
DATE 5/4/11 JOB NO. 02030072.6
ATTENTION Mr. Ian McMillan
PHONE # [phone]
RE: Yates Store Road Extension NWP 14 PCN
Submittal
WE ARE SENDING YOU ® Attached ? Under separate cover
? Shop Drawings ? Prints ? Plans ? Samples
? Copy of Letter ? Change order ? Diskette ?
the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
1 5/4/11 02030072.6 Check for $540 Application Fee
5 5/4/11 02030072.6 Yates Store Road Extension NWP 14 PCN
1 5/4/11 02030072.6 CD of NWP 14 PCN Submittal

THESE ARE TRANSMITTED as checked below:
® For approval
? For your use
? As requested
? For review and
comment
? FOR BIDS DUE
neu w DVC.
? copies for
? Approved as submitted Resubmit approval
copies for
? Approved as noted ? Submit distribution
? Returned for corrections ? Return corrected prints
20 ? PRINTS RETURNED AFTER LOAN TO US
COPY TO: File
ff enclosures are not as notegJ{indhc no'1f8 p#rp61ff$'ey
I
O5-187t, Uy
WITH ERS ?V RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
May 4, 2011
US Army Corps of Engineers
Attn: Mr. Monte Matthews/Jamie Shern
3331 Heritage Trade Dr, Ste 105
Wake Forest, NC 27587
Re: Yates Store Road Extension
Request for 404/401 Certification
W&R Project Number- 02030072.6
Dear Mr. Matthews & Mr. McMillan:
NC-Division of Water Quality
Attn: Mr. Ian McMillan
165o Mail Service Center
Raleigh, NC 27699-1650 D Egg??LSI
n p ? q
M.Fi? ") 6 2011
L
OENR - WATER gUAL
walla & & SIM-OWOW i3rench
On behalf of the Town of Cary, we are requesting authorization from the USACE to use NWP 14 for the
construction of the Yates Store Road Extension. We are also requesting 401 certification from the
NC-DWQ for the impacts to wetlands and waters.
The proposed alignment is approximately o.83 miles in length and is located between Yates Store
Rd (S.R.1716) and Earnest Jones Rd (S.R.1627) along the Wake and Chatham County Line. Latitude:
35.8o8o667 N and Longitude: 78.9237233OW in Cary, North Carolina. The site contains unnamed
tributaries to Indian Creek and is located in the Cape Fear River Basin. The Water Quality
Classification for these features is: WS-IV;NSW, and the Stream Index number is: 16-41-1-18-(1). The
Cataloging Unit for this site is: 03030004.
Project Description
The proposed project consists of the construction of the extension of Yates Store Road, which will
connect Yates Store Road to Earnest Jones Road. Yates Store Road is listed as a major thoroughfare
on both the Town of Cary's and CAMPO's Transportation Plans. It is deemed to be an important
connection to relieve traffic congestion and more importantly provide sufficient connectivity to keep
emergency response times in western Wake County at acceptable levels as the area continues to
grow. Currently Yates Store Roads southern most section terminates in a dead end, with no
connection to the State road system. The proposed project will allow the connection of Yates Store
Road to be complete between O'Kelly Chapel Road and Morrisville Parkway, via Earnest Jones Road.
O'Kelly Chapel and Morrisville Parkway are also major thoroughfares in western Wake County. The
roadway project is proposed for a two lane extension at this time as current traffic projections do not
justify the construction of the ultimately planned four lane section.
Project History
Wetlands within the proposed alignment of Yates Store Road were delineated by Soil and
Environmental Consultants during the development of the Weldon Ridge Subdivision. The USACE
approved the wetland delineation on May Stn, 2oo6 (AID #2oo62o614, 2oo62o615, 2oo62o616). A
copy of the jurisdictional Determination is provided as an Appendix. On March 13, 2oo8, a pre-
1410 Commonwealth Drive I Suite 101 Wilmington, NC 28403 i tel: [phone] i fax: [phone]
www.withersravenet.com i License No. C-0832
WITHERS RAVEN EL
ENGINEERS I PLANNERS SURVEYORS
application meeting was conducted with the NC-DWQ and the LISACE. During this meeting it was
determined that the proposed road extension could be considered a single and complete project
and that the Town of Cary would be the applicant.
Please note that Impacts #1 and #2 (Sheet A) was previously approved as part of Phase 1113 of
Weldon Ridge Subdivision (Corps AID#2oo62o614, 2oo62o615, 2oo62o616; DWQ Project #05-1876,
Ver.3) but never constructed prior to expiration of the permits (see attached Weldon Ridge 404/401
approvals). It's also important to point out that the original design for Impact #1 called for 225 linear
feet of stream impact at this crossing and the re-designed plans have reduced the impacts to 186
linear feet.
Proposed Impacts
The proposed permanent impacts consist of 466 linear feet (0.076 acres) of jurisdictional/perennial
stream channel and 0.012 acres of jurisdictional wetland for the construction two road crossings.
The impacts are summarized on the overall impact map as well as the PCN form.
Avoidance and Minimization
Prior to site plan development, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and 'waters' could be minimized. Due to the fact that there
are fixed tie in points for this road, the Wake/Chatham County Line, and an existing subdivision
(Weldon Ridge) within the vicinity of the project, impacts could not be entirely avoided. The road
was routed to follow the Wake/Chatham County line so that segments of the subdivision would not
be split between the two counties. However, as stated above, the original design, and approval, at
impact A, was for 225 linear feet but has been reduced to 186 linear feet. Moreover, the entire
roadway was planned as a 4-lane divided median, but after reviewing traffic data and additional
discussions with the Town, it was determined that the road could be reduced to 2-lanes at the
stream crossings. The expansion of the road to accommodate additional lanes at the stream
crossings will be permitted by the Town, when needed as dictated by traffic volume. In addition to
reducing the design from 4-lanes to 2-lanes at the stream crossings, steeper fill slopes and
headwalls were utilized to further reduce and minimize impacts to the stream channels.
Mitigation
The applicant proposes payment to NC-EEP to satisfy the mitigation requirement for the impacts to
jurisdictional streams. The proposed project will result in 466 if of permanent impacts to perennial
streams and 0.012 acres of permanent wetland impacts. Mitigation has already been paid for
Impacts #1 (stream) and #2 (wetlands) as part of the Weldon Ridge project. A copy of the EEP
Mitigation Payment Receipt for Weldon Ridge has been provided as an Appendix. At a 2:1 ratio, the
project will require 932 if of stream mitigation. The Corps required 450 linear feet of stream
mitigation for Impact #1 as a condition of the approval of the Weldon Ridge Project, and the stream
mitigation was previously purchased. Therefore, the applicant proposes to purchase 482 linear feet
WITHERS ?? RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS
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ENGINEERS I PLANNERS SURVEYORS
of stream mitigation from EEP to in order to provide a cumulative total of 932 if of stream mitigation
forthe entire project. A copy of the EEP Letter of Acceptance has been provided as an Appendix.
Since the mitigation for the proposed 0.12 acres of wetland impacts was previously purchased, no
additional wetland mitigation is proposed.
The current request is for 466 if (0.076 ac) of permanent impacts to perennial streams and 0.012
acres of permanent wetland impacts (see attached maps and PCN for details).
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
TD`S
Troy Beasley
WITHERS & RAVENEL, INC.
Attachments -
1) PCN
2) Agent Authorization
3) USGS Quadrangle Map
4) Wake County Soil Survey Map
5) 404 Approval/JD Approval for Weldon Ridge Subdivision
6) 4oi Authorization for Weldon Ridge Subdivision
7) NC-EEP Mitigation Payment Receipt for Weldon Ridge
8) NC-EEP Acceptance Letter
9) Overall Site Plan
lo) Impact Plans
WITHERS ?? RAVENEL Page 3 of 3
ENGINEERS ) PLANNERS 1 SURVEYORS
AGENT AUTHORIZATION
WITHERS &R"ENF.L
ENGINEERS I PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner(s) Town of Cary do(es) hereby appoint Troy Beasley / Withers &
Ravenel. Inc. as his, her, or its agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, etc.) for a) review and approval of the
jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or, b)
preparation and submittal of appropriate environmental permit applications/requests for the Yates
Store Road Extension aroiect.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner.
(1) To submit appropriate requests/applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the property owner.
Date: ag ?1
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel. Inc.
1410 Commonwealth Drive. Suite 101
Wilmincrton. NC 28403
Tel. [phone]
Signature of Owner(s):
/Irn ?, ,/ec? - Dines- ar of en9ineer;a?
(Name Print ?tle)
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(Signature)
3 / NJPY t cac?em? Sf re?
Mailing Address
carv Svc o?rls13
city State Zip
111 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenel.com I License No. C-0832
1410 Commonwealth Drive Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: [phone] fax: [phone]
USGS QUADRANGLE MAP
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WAKE COUNTY SOIL SURVEY
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YATES STORE ROAD EXTENSION USGS QUAD MAP- GREENLEVEL wrrme la &' RAVcNML
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404/JD APPROVAL FOR
WELDON RIDGE SUBDIVISION
U.S. ARMY CORPS OF ENGINEERS Copy
WILMINGTON DISTRICT -
Action ID. 200620614, 200620615, and 200620616 County: Wake USGS Quad: Green Level
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIf VED
Property Owner / Authorized Agent: Mr. Dan Farmer MAY j
Address: Orleans Homebuilders, Inc. 1QQ6
211 James Jackson Avenue
Cary, NC 27513 Withers & Ravenel
Telephone No.: 919-380-7223
Size and location of property (water body, road name/number, town, etc.): The project site is located on Yates Store
Road, approximately 1000 yards from the intersection with Green Level Church Road, near Cary in Wake
County. NC and is identified as Weldon Ridge Subdivision Phase RH and SF-S.
Description of projects area and activity: This permit authorizes 0.23-acre of permanent wetland impact, 225
linear feet of permanent stream impact and 30 linear feet of temporary stream impact during the construction
of a residential subdivision. Mitigation is required for the wetland impacts and permanent stream impacts at a
2:1 ratio (see permit condition below)
Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number.
Nationwide Permit Number: 12,18, and 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWT.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Condition: In order to compensate for impacts to 0.23-acres of riparian wetland and 225 linear feet of stream
the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 0.46-acres of riparian wetlands and 450 linear feet of
warm water stream in the Cape Fear River Basin, Cataloging Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
-2-
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the
Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
Corps Regulatory Official Monte Matthews IA&-.pate: May 9, 2006
Expiration Date of Verification: March 18, 2007
-3-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and are adiacent to a UT to Indian Creek. The property also contains stream
channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or
terrestrial vegetation and are hydrologically connected to Indian Creek in the Cape Fear River Basin.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to
appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of
the NAP. Should you decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
.
Corps Regulatory Official: Monte MatthewsP-uL /?-' ?k
Date May 9.2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Drive, Cary, North Carolina 27511
401 AUTHORIZATION FOR
WELDON RIDGE SUBDIVISION
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
My 15, 2006
DWQ'Prcject # 05-1876, Ver. 3
Wake County
REGE /M
Mr. Dan Farmer
Orleans Homebuilders, Inc. MAY 19 2006
211 James'7ackson Avenue
Cary, NC 27513 WITHERS & DAVENEL
Subject Property: Weldon Ridge Subdivision
Indian Creek [030605,16-41-1-18-(1), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Farmer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.23 acres of wetland and 255 linear feet of perennial stream (225 linear feet
permanent impacts, 30 linear feet temporary impacts) to construct the proposed residential subdivision at
the subject property, as described within your application dated March 24, 2006, and received by the N.C.
Division of Water Quality (DWQ) on Mareh 24, 2006. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3374 and 3402
(GC3374 and GC3402). The Certification(s) allows you to use Nationwide Permit(s) 12,18 and 39
(NW 12,. NW 18and NW39) when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required fedenfl, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval 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 Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
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:
401 OversighVExpreas Review Permits unit
1650 Mai Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Bordevard, Sub 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / irdemet.hftK)J/h2o.enr.state.nc.us/ncwetlands
N,om?`hCaro '
dvatar
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
Orleans Homebuiiders, Inc.
Page 2 of 3
May 15, 2006
Amount Approved nits Plan Location or Reference
404/Wetland 0.23 acres PCN page 4 of 9
Stream - perennial 225 linear feet PCN page 4 of 9
Sediment and Erosion Control:
2. 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:
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and. along the construction 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 15 NCAC 2H,
Section.0500;
6. 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401 /Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project,
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
Orleans Homebuilders, Inc.
Page 3 of 3
May 15, 2006
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at ho.Ilh2o.enr.state.nc.us/su/Forms Documents. htm.;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the, elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party, shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Orleans Homebuilders, Inc.
Page 4 of 3
May 15, 2006
Mitiag ti
on:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
404/Wetland 0.46 acres Cape Fear/03030004
Stream - perennial 225 linear feet Cape Fear/03030004
10. Written Stormwater Management Plan (Final Plan Needed):
Site-specific stormwater management shall be designed to remove 85% TSS according to the
latest version of DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio-retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site-specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters,
post-construction, on-site stormwater management shall be required as appropriate and as
outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that
required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case- bycase
basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs are sufficient to satisfy this Condition
as long as the stormwater management plans meet or exceed the design requirements specified in
this condition. This condition applies unless more stringent requirements are in effect from other
state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater management
plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before
the impacts specified in this Certification occur. The facilities must be designed to treat the
runoff from the entire.project, unless otherwise explicitly approved by the Division of Water
Quality.
Orleans Homebuilders, Inc.
Page 5 of 3
May 15, 2006
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be implemented
before any permanent building or other structure is occupied at the subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written athorization from the Division of Water Quality.
Certificate of Completion:
11. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required -:to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
AWK/Ym
Enclosures: GC3374
GC3402
Certificate of Completion
Sincerely,
4r??. 44?
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 051876 Ver3 WeldonRidgeSD(Wake)t0l
NC-EEP MITIGATION
PAYMENT RECEIPT FOR
WELDON RIDGE SUBDIVISION
Eco stem
PROGRAM
RECEIPT
December 27, 2007
Britt Spivey
Orleans Homebuilders
211 James Jackson Ave.
Cary, NC 27513-3166
Project:
County:
DWQ #:
USACE Action ID:
EEP No.:
Amount Paid:
Check Number:
Weldon Ridge Subdivision Phase IIB
Wake
05-1876 Y. 3
200620614,200620615,200620616
ILF-20064367
$111,673.00
160895
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I & II
CU (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Cape Fear 0 0 450 0.46 0 0 0
03030004
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
1 William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Monte Matthews, USACE - Raleigh; Thelma Hemmingway, USACE Wilmington
Todd Preuninger, agent (fax)
File
R utoriPtg... EF.. Prot" Ou r Sta t&
??'LJ
WNW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
NC-EEP LETTER OF ACCEPTANCE
FOR
YATES STORE ROAD EXTENSION

Tim Bailey
Town of Cary
PO Box 8005
Cary, NC 27511
Project: Yates Store Road Extension
E RZemeni
PROGRAM
May 3, 2011
Expiration of Acceptance: February 3, 2012
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impactsv It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local
- .,..:. .._- .. ,..- .. ,.aen .. ... ., .', . . ,. r _ nr nnnnnnn '?-•.t _?._-Tt__?=ice
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030004 0 0 466 0 0.012 0 0 0
Credits Cape Fear 03030004 0 0 Up to
932 0 Up to 0.024 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely, //CC
Willia . Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Troy Beasley, agent
File
Restoru-,?,... E ... Prot" Our Stag
RUWR
Vorth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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STREAM IMPACT NORTH
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IMPACT #1 : PERENNIAL STREAM IMPACT - 186 LF
1784 SF (0.041 AC)
IMPACT #2: WETLAND IMPACT - 542 SF (0.012 AC)

GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
YATES STORE ROAD III STREAM & WETLAND IMPACTS
SHEET A
WITHERS &- RAVENEL
ENGINEERS 1 PLANNERS 1 SURVEYORS
AQUATIC LIFE PASSAGE
(EXISTING & PROPOSED ELEVATIONS)
LOCATION EXISTING PROPOSED INVERT
GRADE ELEV.
72" RCP CULVERT UPSTREAM 290.30 289.20
72" RCP DOWNSTREAM 289.00 287.90
UPSTREAM 294.00 294.00
48 "RCP DOWNSTREA 293.00 29100
EXISTING GRADE- - - - - - - - - -
10• (2) 48" RCP CULVERT
1
PROPSED
INVERT
UPSTREAM SECTION NOT TO SCALE
72" RCP CULVERT
EXISTING GRADE-
110• (2) 48" RCP CULVERT
PROPSED
INVERT
DOWNSTREAM SECTION NOT TO SCALE
YATES STORE ROAD - WAKE COUNTY
WITHERS & RAVENEL AQUATIC LIFE PASSAGE DETAIL
ENGINEERS I PLANNERS 1 SURVEYORS IMPACT AREA »A?,
111 MacKenan Drive Cary, North Carolina 27511 tel: [phone] fax: [phone] www.with-ravenel.com
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YATES STORE ROAD STREAM & WETLAND IMPACTS WfTHERB & RAVENEL
..,_1._ -_.._... SHEET B LNlIMLtR! 1 ?LANNlRi 1 lYRYLYORS
(2) 72" RCP CULVERT LOCATION EXISTING PROPOSED INVERT.
DOWNSTREAM 287.50 286.40
EXISTING GRADE- -----------
1.10' 1.10'
PROPSED
INVERT
UPSTREAM SECTION NOT TO SCALE
(2) 72" RCP CULVERT
EXISTING GRADE -
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02/07/07
WITHERS & RAVENEL YATES STORE ROAD - WAKE COUNTY
ENGINEERS I PLANNERS 1 SURVEYORS AQUATIC LIFE IMPACT AREA "B" PASSAGE DETAIL
111 MacKenan Drive Cary, North Carolina 27511 tel: [phone] fax: 919,467-6008 www.withersravenel.com
AQUATIC LIFE PASSAGE
(EXISTING & PROPOSED ELEVATIONS)

GRADE ELEV.
UPSTREAM 288.80 287.70

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No. 'on Date By Designer Scale HORIZ: 1"=50' Sheet No.
n ReVISI W&R VER7: 1"=5' % WITHERS RAVENEL 10
Drawn By Date WELUUIN RIU
SITE o FE PLAN @ 1 II 50' ® ENGINEERS 1 PLANNERS I SURVEYORS '
o Checked By Job No. CARY WAKE COUNTY 111 MacKenan Drive Cary, North Carolina 27511 tel: [phone] fax: [phone] www.withersravenel.com
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