20110731 Ver 1_401 Application_20110811

ColeJenest
& Stone
Shaping the Environment
Realizing the Possibilities
Land Planning
Landscape Architecture
Civil Engineering
Urban Design
200 South Tryon Street, Suite 1400 Charlotte, NC 28202 Charlotte
,[phone] [phone] .twww.colejeneststone.com Raleigh
Wilmington
TRANSMITTAL
Date: August 4, 2011
Reference: 4054 - Post Wade
241 1 073 1
Attention: Ms. Amy Chapman
Company: North Carolina Department of Environment and Tel: [phone]
Natural Resources
Division of Water Quality
Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, North Carolina 27699
We Are
Transmitting:
® Herewith ? Under Separate Cover
Copies Dated Description
3 ea. 07/27/11 CV1.0, CV2.0, and CV 3.0
2 08/04/11 Pre-Construction Notification PCN Form
2 07/27/11 Buffer Credit Purchase Agreement

Transmitted ? Mail ® Overnight ? Courier ? Hand Delivery El Pick-Up
Via:
? For Approval ? For Your Use ? As Requested ® For Review
Remarks: The attached documents are being re-submitted for initial review. The
Stormwater Management Plan for the referenced project is currently
under review by the City of Raleigh.
Please call with any questions. Thank you.
NOTE: No fee required for Riparian Buffer Authorization.
By: /1,&
Luke C. Cagle, PE
sm/ ' '
Cc: Mr.. Kevin C. Ammons, RLA - CJS
Mr. W. Larry Lockhart, Jr., PE - CJS
Mr. Mark R. McAuley, PE, LEED AP BD+C - C
F G@G?d? D
AUG 9 2011
+ P: SDSKP12oJ\40ti4`_CoCres{rondo nc:c s\2(111 J52.5t M<:E:oy, L':.- Pres(jt)rnittaf Aleeting plans,doc:
EBX NEUSE RIPARIAN BUFFER UMBRELL MITIGATION BANK
BUFFER CREDIT PURCHASE AGREEMENT
SELLER:
PURCHASER:
PURCHASER'S PROJECT NAME:
PURCHASER'S PROJECT LOCATION:
PROJECT INDENTIFICATION NUMBER:
CREDITS PURCHASED:
PURCHASE DATE:
EBX Neuse-I, LLC
Post Wade Tract M2, LLC
Post Parkside at Wade
City of Raleigh
n/a
2,550 Square Feet of Buffer in
HUC 03020201
Neuse River Watershed
July 27, 2011
AGREEMENT
1. Authorization to Sell Credits: Seller is the Bank Sponsor of the EBX Neuse Riparian Buffer
Umbrella Mitigation Bank (the "Bank"). As the Bank Sponsor, Seller is authorized by the North
Carolina Department of Water Quality ("NC DWQ") to sell riparian buffer mitigation credits and
nutrient reduction credits to purchasers who are required, as a condition to obtaining approvals
granted by the NC DWQ, to mitigate the environmental impact of projects that they undertake.
2. Purchase and Sale of Credits. Purchaser hereby agrees to purchase 2,550 Buffer Credits
("Credits") from Seller, and Seller hereby agrees to sell the Credits to Purchaser.
3. Purchase Price. The purchase price of the Credits is $0.93 per Credit for a total price of
$2,371.50.
4. Closing on the Sale of Credits. The purchase price of the Credits shall be paid by Purchaser to
Seller at closing, by certified check or wire transfer, against delivery by Seller to NC DWQ of an
Affidavit of Credit Purchase in a form acceptable to the NC DWQ. Closing of the sale of the
Credits shall occur within thirty days of the Purchase Date or Seller's obligation to sell the
Credits to the Purchaser shall automatically terminate (provided, however, such thirty day period
may be extended by the mutual written agreement of the Purchaser and Seller).
5. Purchaser's Right to Terminate. Purchaser may terminate this Agreement at any time within thirty
days of the Purchase Date by written notice to Seller if NC DWQ or any other relevant
government agency does not require the purchase of any Credits as a condition to issuing any of
the permits or approvals necessary for the Project. Purchaser agrees to notify Seller promptly if
Purchaser becomes aware that Purchaser will not be required to purchase the Credits under this
Agreement so that Seller can offer the Credits to other parties.
6. Miscellaneous.
(a) Attorneys' Fees, etc. In the event of any litigation between Seller and Purchaser
arising out of this Agreement, the prevailing party shall be entitled to an award of its reasonable costs and
expenses incurred in such litigation, including court costs and reasonable attorneys' fees.
(b) Notices. All notices under this Agreement must be in writing and must be
personally delivered or sent by commercial or overnight courier or by mail to the notice address set forth
below (or such other address notice of which has been given in accordance with this subsection).
(c) Entire Agreement; Modifications. There are no other agreements or
understandings, written or oral, between the parties regarding the subject matter of this Agreement. This
Agreement may not be modified or amended except by a written document executed by both parties.
(d) Assignment. ment. Either party may assign this Agreement or any of its rights
hereunder, but no assignment shall relieve the assigning party of its obligations hereunder unless the other
party expressly agrees thereto in writing.
(e) Governing Law. The validity, interpretation and performance of this Agreement
shall be governed by and construed in accordance with the laws of the State of North Carolina, without
regard to its conflict of laws principles.
(f) Counterparts. This Agreement may be executed in counterparts. A counterpart
signature page transmitted by fax or other electronic means shall be effective as an original.
SELLER:
EBX Neuse-I, LLC
By:
Name:
Title:
Address:
Martin Hovis
909 Capability Drive, Suite 3100
Raleigh NC 27606
PURCHASER:
Post Wade Tract M2, LLC
By:
Name:
Title:
Address:
2!" 1 073 1
0F W ATF9OG
r
O Y
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:
El Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ? No For the record only for Corps Permit:

? Yes ? No
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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Post Parkside at Wade
2b. County: Wake County
2c. Nearest municipality / town: Raleigh, NC
ILA I r---?
L9 10
2d. Subdivision name: N/A l
2e. NCDOT only, T.I.P. or state
project no: N/A v
3. Owner Information We R QUALITY
a
3a. Name(s) on Recorded Deed: Post Wade Tract M2, LLC
3b. Deed Book and Page No. 12723 Page No. 2644 and 12902 Page No. 2261
3c. Responsible Party (for LLC if
applicable): Kelly Carter
3d. Street address: 5435 Wade Park Blvd
3e. City, state, zip: Raleigh, NC 27605
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Civil Engineer
4b. Name: Luke C. Cagle, PE
4c. Business name
(if applicable): Cole Jenest & Stone, PA
4d. Street address: 200 South Tryon, Suite 1400
4e. City, state, zip: Charlotte, NC 28202
4f. Telephone no.: 704-971-4503
4g. Fax no.: 704-376-7851
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
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): 0774994214, 0774988716, 0774983627, 0784082366,
0744988191
1 b. Site coordinates (in decimal degrees): Latitude: 35.8108 Longitude: - 78.7279
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 22.28 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Richlands Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C;NSW - Impaired Waters
2c. River basin: Neuse River
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 proposed site has been mass graded with erosion control measures installed. The site is located adjacent to office
buildings and apartment homes. The RBC Center and Carter-Finley Stadium are located one block east of the proposed
development.
3b. List the total estimated acreage of all existing wetlands on the property:
0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 If
3d. Explain the purpose of the proposed project:
Mixed-Use Development
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed mixed-use development consist of 397 multifamily units and 20,000 sf of commercial development.
Construction will utilize equipment consistent with buiding, roadway, earthwork, and utilitiy line construction.
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
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
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.
There is currently an open grading permit issued by the City of Raleigh for the subject property. However, a new grading
permit is currently in review by the City of Raleigh as the project scope has changed.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - PER or
404, 1
-
0
(Corps
stream

r
Permanent (P) or intermittent DWQ
-
non-
404
, (linea
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P)
or Temporary
T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4E 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 of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(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:
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) for impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T

B1 ®P ? T Storm -
BMP
Richlands Creek ® Yes
? No
300
1,100
Outlet
Sanitary ? Yes
B2 ®P ? T Sewer Richlands Creek ® No 0 365
Cooridor
B3 ® P ? T Pedestrian
Trail Richlands Creek ® Nos 6,815 11,455
6h. Total buffer impacts 7,115 12,920
6i. Comments: A proposed BMP (Constructed Wetland) will outlet directly into adjacent non-jurisdictional stream. The
proposed sanitary sewer will tie into the public system that is located in the buffer in a public utility easement. A proposed
mulch, pedestrian trail will be installed as part of an overall master plan for the area.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The BMP will outet directly to the adjacent creek as to minimize erosion and rutting at the the outlet. Due to existing
topography the existing 30" sanitary sewer line in the buffer is the only feasable tie-on for sanitary sewer.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion control plans will be reviewed and approved by the City of Raleigh prior to any construction.
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? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: EBX Neuse-l, LLC
3b. Credits Purchased attach receipt and letter
( ) Type Riparian
Quantity 2
550 sf
Buffer ,
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 Storm Water - BMP Outlet 300 3 (2 for Catawba) 900
Zone 2 Storm Water - BMP Outlet 1,100 1.5 1,650
6f. Total buffer mitigation required: 2,550
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).
Mitigation will be paid to private mitigation bank (see Section D3)
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: The discharge from the site will have 40% nitrogen removal, as it is ? Yes ® No
routed through a constructed wetland. There will be a rip-rap apron at the BMP
outlet to discharge directly into creek.
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? 42%
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:
The site is split into 3 drainage areas. Each drainage area will be routed through three respective constructed wetlands
to meet local requirements for peak dischage and pollution removal. Mitigation will be sought to buy-down for Nitrogen
removal from the City of Raleigh.
® 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? City of Raleigh
® 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 ? 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)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? 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.
Any future development in the surrounding parcels will be submitted and reviewed by City of Raleigh and require all
applicable permits from the City and State. Therefore, there will be no impact beyond what the City of Raleigh and
NCDENR allows.
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.
The sewage from the proposed development will tie in to the public sanitary sewer system and be treated by City of
Raleigh public waste water treatment plant.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ? No
impacts?
?
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?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National 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?
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: Any impacts to the 100-yr floodplain will be permitted through the
City of Raleigh and FEMA.
8c. What source(s) did you use to make the floodplain determination? FEMA Floodmaps and surveyed floodlines.

Applicant/Agent's Printed Name Applicant/Agentys Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 1) of 11
PCN Form - Version 1.3 December 10, 2008 Version