20120362 Ver 2_401 Application_20120912

11
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
September 13, 2012
S &EC Project #11845.P3
To: NC Division of Water Quality
WebSCaPe Unit
Attn: Karen Higgins
512 N. Salisbury Street (9th floor)
Raleigh, NC 27603
From: Deborah Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: 107 Avenue of the Estates - Williams Property
Cary, Wake County, NC
On behalf of the applicant, Danny Williams, please find attached a complete application and
supplemental information requesting a Riparian Buffer Authorization from the NC Division of
Water Quality for the activities that have been completed at 107 Avenue of the Estates. It is
important to note that these activities have been discussed with Lauren Witherspoon of the
Raleigh Regional Office. Please contact me at (919) 846 -5900 if you have any questions or
require additional information.
PROJECT SUMMARY
Project Name
107 Avenue of the Estates - Williams Property
Project Type
Residential Lot
Owner / Applicant
Danny Williams
County
Wake
Nearest Town
Car
Waterbody Name
UT to Swift Creek
Basin / Sub -basin
Neuse /27 -43- 1
Class
WS -III; NSW
IMPACT SUMMARY
Stream Impact (acres):
0
Wetland Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0
Total Stream Impact (linear feet):
0
Total Riparian Buffer Impact (square feet):
Zone 1: 0
Zone 2: 130
Attachments: I) ZP212
2
Pre - construction Notification Application Form 0
Agent Authorization Form S USGS Topographic Map & NRCS Soil Survey Map
Buffer Determination Letter -NBRRO #11 -025
401 Water Quality Certification Approval DENLITY
USACE Action ID email -dated 04/30/12 Wetlands & Suwmwso.. Branch
Survey /Impact Map

o�ot W A r F19
r
> 1
o �
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: N/A
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
1e.
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:
107 Avenue of the Estates - Williams Property
2b. County.
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
Regency Park Estates
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Danny Williams
3b.
Deed Book and Page No.
Deed Book: 14049; Deed Pg: 449
3c.
Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
107 Avenue of the Estates
3e.
City, state, zip:
Cary, NC 27518
3f.
Telephone no.:
919 - 291 -8421
3g
Fax no..
N/A
3h.
Email address:
N/A
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: Applicant who is contract purchaser - please send
correspondence to both Applicant and agent.
4b. Name:
Danny Williams
4c. Business name
(if applicable):
N/A
4d. Street address:
107 Avenue of the Estates
4e. City, state, zip:
Cary, NC 27518
4f. Telephone no.:
919 - 291 -8421
4g. Fax no.:
N/A
4h. Email address:
N/A
5. Agent/Consultant Information (if applicable)
5a. Name:
Deborah 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:
dedwards @sandec.com
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Parcel ID: 0761 -17 -7712
1b. Site coordinates (in decimal degrees):
Latitude: 35.7218 Longitude: - 78.7921
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
± 1.05 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Swift Creek (Lake Wheeler) 27- 43 -(1)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -111, NSW
2c. River basin:
Neuse River Basin; Hydrologic Unit Code 03020201
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 a grassed back yard, a foot bridge, pool deck, gazebo /pergola and
retaining wall. The general land use in the vicinity of the project is residential.
3b. List the total estimated acreage of all existing wetlands on the property:
A wetland delineation was not completed. Photo documentation and vegetation indicate that no wetlands were present
within footprint of activities.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 544 linear feet
3d. Explain the purpose of the proposed project:
A gazebo /pergola and retaining wall constructed in back yard.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of a gazebo /pergola and retaining wall in back yard. Equipment typically used for land
disturbance and construction were utilized 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 /
El Yes ®No El 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:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
In February 2011, Lauren Witherspoon with the NCDWQ conducted a buffer determination site visit.
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.
A 401 Water Quality Certification and Authonzation Certificate per the Neuse River Buffer Rules Approval was issued on
April 27, 2012 (DWQ Project # 12- 0362). The USACE did not require written notification or did not issue a formal 404
Nationwide Permit verification. However Mr. James Shern did provide an Action ID # for the project: SAW -2012 -00698
Page 3of11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
N/A
Page 4 of 11

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
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
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
31. Comments:
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 individ ally list all open water im acts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑ PEI T
02 ❑P ❑T
4f. Total open water impacts
4g. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Pond or Lake Construction
If pond or lake construction proposed, then com lete 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
Flood
ed
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 any 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
Gazebo /Pergola
UT to Swift
® Nos
0
5
Creek
132 ® P ❑ T
Retaining wall
UT to Swift
® Nos
0
125
Creek
63 ❑P ❑T
El Yes
❑ No
134 ❑P ❑T
E] Yes
❑ No
6h. Total buffer impacts
0
130
61. Comments: As per Session Law 2012 -200 (Senate Bill 229), exIstmg single- family residential lots that were platted and
recorded prior to August 1, 2000 and are 2 acres or less in size, can request a "no practical alternatives" review for activities
that would otherwise be prevented by the Neuse or Tar - Pamlico Buffer Rules.
Page 6 of 11

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant is requesting written authorization for a gazebo /pergola that was constructed in May 2011 and a retaining
wall that was constructed in April 2012. The gazebo /pergola was constructed on the back side of an existing pool deck
and pool. The stream bank at the origin of the stream has eroded over time and the applicant did not realize that this
gazebo /pergola was within the 50' protected riparian buffer. In addition, please note that the Town of Cary issued a
building permit for a larger structure with a shingle roof in this same location. The retaining wall was constructed to
provide stability and eliminate the sloughing of the slope on the back side of the yard.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment fencing was utilized to minimize sedimentation into jurisdictional waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
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
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:
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.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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
❑ Yes ® No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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: As per Session Law 2012 -200 (Senate Bill 229), compensatory mitigation should not be required for this
impact.
Page 8 of 11

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?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: All stormwater will be handled by surface runoff (i.e. no concentrated
❑ Yes ® No
flow)
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<24 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
This project does not require a Stormwater Management Plan, this project is only requesting a Riparian Buffer
Authorization Approval.
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
❑ HOW
❑ 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
❑ 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) The applicant
constructed a gazebo /pergola and a retaining wall, both within Zone 2 of the 50" riparian buffer The applicant was not aware
that the gazebo /pergola was within the riparian buffers, he has lost stream bank due to erosion. The applicant was not aware
that a retaining wall would require notification and written authorization.
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 Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version
2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects
such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and
silvicultural operations. This project is a single family residence that would not result in additional development or
impact downstream water quality. We anticipate that the DWQ will advise us if any additional information is
needed.
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. This property is connected to the Town's sanitary
system.
Page 10 of 11
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
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
[J 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?
John Finnegan with NCDENR- Natural Heritage Program provided a spreadsheet that includes records for the
entire state. The only Federally listed species within the Apex Quadrangle is a historical record of Monotropsis
odorata (Sweet Pinesap) that is listed as a Federal Species of Concern.
Additional State listed species include the Strophitus undulates (Creeper), Tradescantia virginiana (Virginia
Spiderwort) and the Lampsilis radiate (Eastern Lampmussel) which are all listed as Threatened.
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? This project is
located in Wake County. This project is not in /near an area that has been designated to have 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?
Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No
structures greater than 50 years are on property.
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: N/A
8c What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Deborah Edwards
' Jc
September
Applicant/Agent's Printed Name
13, 2012
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
Date
is provided )
Pagel 1 of 11

Soil & Environmental Consultants, PA
11oio Raven Ridge Road • Raleigh. North Carolina 27614 • Phona (919) 846 -5900 • Fax: (919) 846-W7
www SwWEC.00m
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: tJ n1 4 Gi t L L t A M S
Address: a A V Z N u' 6r `14 1 Z 5 rA Y� 5
cAl2 -V Nc_
Phone: 9 l C% - o 1 2 V 9,
Project Name /Description: 1 i\,-1 At r aa- arVvc S&EC Project #J 1 °c___!-I 5.
Date: q /L o/1 Z l- )AIk�,nx> PicPev4- --1
V
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Atta: Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current proper owner, 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 requ t
sup lemental information in support of applications, etc. from this day forward. The day of
ZV
lu
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.
Print Property Owner's Name
cc: Ms. Karen Higgins
NCDENR - DWQ
512 N. Salisbury St.
Raleigh, NC 27604
Property Owner's Signature
cc: Ms. Debbie Edwards
Soil & Environmental Consultants, PA

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NCDE -R
North Carolina Department of'Environment and Natural Resources
Division of Water- Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March ,9, 2011
Kyle Gramling
213 West Hill Drive
Cary, NC 27519
NBRRO# 11 -025
Wake County
BASIN:
® Neuse (15A NCAC 2B .0233) ❑ Tar - Pamlico (15A NCAC 26.0259)
I
® Ephemeral /Intermittent/Perehnial Determination ❑ Isolated Wetland Determination
Project Name:
Location/Directions:
Subject Stream:
107 Avenue of the Estates
South of the intersection of Red Fern Drive and Avenue,of the Estates
UT to Swift Creek
Date of Determination: 2/25/2011
Feature
E/1/P*
Not
Subject
Subject
Start@
Stop@
Soil
Surve
USGS
Topo
A
P
X
X
X
B
P
X
X
X
C
E
X
*E111P = EphemeraUlntermittentlPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
The attached Pool House Plan (dated 3/8/11) depicts the pool house outside of the Neuse River riparian
buffer. Therefore, the construction of said pool house does not require written authorization from DWQ in
the location depicted on the map.
✓vuamlwif
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www.nma"usidy.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal OpportunitylAfimidn Action Employer - 50% Recydedlt 096 Post Consumer Paper

Wake County
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c% Ian McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service
Center, Raleigh, NC 27699 -1650.
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts'filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404 /401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-807 -6301, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919 )-554 -4884.
Respectfully,
te' 0 Zr,
Lauren Witherspoon
Environmental Senior Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO /SWP File Copy

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
April 27, 2012
DWQ Project 4 12 -0362
Wake County
Danny Williams
107 Avenue of the Estates
Cary, NC 27518
Subject Property: 107 Avenue of the Estates — Wiltiams Property
UT to Swift Creek [030402, 27=43 -(1), WS- Hl;'NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 26 linear feet of perennial stream channel (permanent impacts), 2,072 square feet of Zone I Neuse River
basin protected riparian buffer, and 457 square feet of Zone 2 Neuse River basin protected riparian buffer to
protect existing structures and prevent erosion in the yard by installing a culvert in the stream, as described in
your after -the -fact application received by the Division of Water Quality (DWQ) on April 13, 2012 (dated April
12, 2012). After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3890 (GC3890). The Certification(s) allows you to use Nationwide Permit(s)
NW 18 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosion and Sediment Control. and Non - discharge 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 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 may be required as described in 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed
below.
qhCarolina
arally
North Carolina Division of Water Oualrty Raleigh Regional 0" Surtace Water Protection Phone [phone] Customer Service
Internet www ncwaterquahty.org 1628 Mail Service Center Raleigh, NC 278W 1628 FAX [phone]. 623 -6748
An Equal OpWunity/Affirmative Action Employer - 50% Recycled1l0% Post Consumer Paper

Page 2
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental and/or temporary impacts:
Type of Impact
Amount Approved nits
Plan Location or Reference
Stream — perennial
26 linear feet permanent im act
PCN page 5 of t I
Buffers Zone l
2 072 s uare ft. permanent impact
PCN page 6 of 11
Buffers Zone 2
457 (square ft, permanent im act
PCN page 6 of I 1
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre- Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
3. 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.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or %aters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;

Page 3
5. Diffuse flow
All stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream
buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B
.0233(5) or if this is not possible, it is necessary to provide stormwater facilities that are considered to
remove nitrogen.
6. 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.
7. Certificate of Completion
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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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 wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Off ice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: [phone]. Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Page 4
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Lauren Witherspoon, at 919 -791 4251.
Sincerely,
Danny S 1th
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: USACE — Raleigh Field Office
DWQ Central Office — WeBSCaPe —1650 Mail Service Center
RRO ,File Copy
Debbie Edwards — S &EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename. 12 -0362_107 Avenue of the Estates 401_NBR_Appwval

Debbie Edwards
From: Shern, lames F SAW <James.F.Shern @usace.army.mil>
Sent: Monday, April 30, 2012 5:49 PM
To: Debbie Edwards
Subject: SAW- 2012 -00698 (107 Avenue of the Estates) (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO
Here you go! SAW- 2012 -00698 (107 Avenue of the Estates)
Jamie Shern
Regulatory Specialist
Wilmington District
US Army Corps of Engineers
(919) 554 -4884 ext. 31
- - - -- Original Message---- -
From: Debbie Edwards [mailto:dedwards @sandec.com]
Sent: Monday, April 30, 2012 3:03 PM
To: Shern, James F SAW
Subject: RE: 107 AVENUE OF THE ESTATES (UNCLASSIFIED)
Jamie,
Please see attached 401 Approval and Buffer Authorization for 107 Avenue of the Estates, Williams Property.
If you would, please provide an Action ID # for Mr. Williams and his files.
Thank you,
Debbie
DEBBIE EDWARDS
Soil & Environmental Consultants, PA
919 - 846 -5900 (office)
919 - 673 -8793 (mobile)
P THINK BEFORE YOU PRINT
- - - -- Original Message---- -
From: Shern, James F SAW [mailto:James.F.Shern @usace.army.mil]
Sent: Thursday, April 19, 2012 5:12 PM
To: Debbie Edwards
Subject: RE: 107 AVENUE OF THE ESTATES (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO
i

You do not need to submit a PCN Application to us.
Jamie Shern
Regulatory Specialist
Wilmington District
US Army Corps of Engineers
(919) 554 -4884 ext. 31
- - - -- Original Message---- -
From: Debbie Edwards [mailto:dedwards @sandec.com]
Sent: Thursday, April 19, 2012 4:18 PM
To: Shern, James F SAW
Subject: FW: 107 AVENUE OF THE ESTATES (UNCLASSIFIED)
Jamie,
I am just checking back with you on the Williams Property Isubject project). I submitted the PCN application
to the DWQ last week and want to verify if you need a copy for review. My understanding of your below
emails and the notification requirements of NWP 18 would indicate that you do not need a PCN application
but because of the after - the -fact situation, I would like to4nake sure.
Thanks for your help,
Debbie
DEBBIE EDWARDS
Soil & Environmental Consultants, PA
919 - 846 -5900 (office)
919 - 673 -8793 (mobile)
P THINK BEFORE YOU PRINT

Debbie Edwards
From: dw <dw5464 @yahoo.com>
Sent: Thursday, September 13, 2012 10:23 AM
To: Debbie Edwards
Subject: FW: 107 AVENUE OF THE ESTATES (UNCLASSIFIED)
On 3/28/12 12:14 PM, "Daniel (Dan) Clinton" <Dan.Clinton @townofcary.org>
wrote:
>Jamie, Lauren, Jeanne, and Darrell,
> Thanks for following up on the 107 Avenue of the Estate permit question.
>i did speak with the homeowner, Mr. Williams. I told him he needs to
>contact the inspections department to acquire a permit for the gazebo.
>1 also told him that he would be receiving a NOV from DWQ and should
>contact them and the Army Corps regarding permitting for the stream. He
>asked if he could place sod where there was all of the open dirt behind
>the pool /gazebo. I told him that would be a good thing to do to reduce
>the erosion.
>Let me know if you have any questions.
>thanks
>Dan Clinton, PE, CFM, CSM
>Town of Cary
>Stormwater Engineering
>316 North Academy Street
>P.O. Box 8005
>Cary, NC 27512
>(919) 380 -2773
>dan.clinton @townofcary.org
>In keeping with the NC Public Records Act, e- mails, and all
>attachments, may be released to others upon request for inspection and
>copying without prior notification.

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45
20' SANITARY
SEWER EASEMENT ---/
PER B.M. 1984 PG. 628 /
TIE TO THE INTERSECTION /
OF REDFERN DRIVE /
do AVENUE OF THE ESTATES
SURVEY FOR
DANNY W WAMS
LOT 43 REGENCY PARK ESTATES, PH.1
107 AVENUE OF THE ESTATES
PIN# 0761.05 -17 -7712
REF: 14049 PAGE 449
REF: B.M. 1992 PAGE 1097
TOWN OF CARY
WAKE COUNTY, NORTH CAROLINA
APRIL 23, 2012
REVISED MAY 7, 2012
60 30 0 60 120
SCALE 1" =60'
1
i
EIB
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. R'S � 2t
LINE TABLE
LINE I LENGTH I BEARING
CURVE TABLE
CURVE I LENGTH I RADIUS CHORD I BEARING
CAWTHORNE, MOSS
& PANCIERA, P.C.
Professional Land Surveyors
C -1525
333 S. White Street
Post Office Box 1253
Wake Forest, N.C. 27588
is (919)556 -3146
1
1
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kwzl
VICINITY MAP
LEGEND:
EIP - EXISTING IRON PIPE
EPK - EXISTING PK NAIL
NIP - NEW IRON PIPE SET
R/W - RIGHT OF WAY
CAN - CABLE TV BOX
EB - ELECTRIC BOX
TEL - TELEPHONE PEDESTAL
PP - POWER POLE
OHL - OVERHEAD LINE
LP - LIGHT POLE
WM - WATER METER
WV - WATER VALVE
CO - SEWER CLEAN -OUT
47 48
NEUSE RIVER BUFFER
MEASURED 50' FROM
TOP OF BANK��,
i
2Un _
N/F
HEMLOCK BLUFFS STATE PARK
D.B. 2461 PG. 37
NN
.�.s� • FESS� •��y'%
INSET 'A• O O y
XNOT TO SCALE " _C' SEAL 9••
EUSE RIVER BUFFER • 1 L -4685
MEASUV50FRO ' TO sUR`4 'cDNCaETE
� COVERED �
PORCH
1
I DECLARE THAT THIS SURVEY COMPLIES WITH THE NORTH
CAROUNA STANDARDS OF PRACTICE FOR SURVEYING,
(SECTION 1800) FOR CLASS A SURVEYS AND THAT THE
CALCULATED RATIO OF PRECISION BEFORE ADJUSTMENTS
IS 1:10,000 +. FURTHERMORE, PROPERTY CORNERS SHOWN
ARE PRIMARY CONTROL MONUMENTATION FOR THE RE-
ESTABUSHMENT OF PROPERTY CORNERS IN THE ABSENCE
OF GRID MONUMENTS AND OTHER SUBDIVISION PROPERTY
CORNERS. THIS SURVEY IS NOT BE REQ�gD D WITH-
OUT THE WRITTEN AUTHORIZATt6N1 o�TF1E1 st1 YnR