20081465 Ver 2_401 Application_20121112

WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE ioi
WILMINGTON, NORTH CAROLINA, 28403
(910) 256 -9277
FAX [phone]
T0: NC Division of Water Quality — 4o1 Wetlands Unit
512 N. Salisbury Street; 91h Floor
Raleigh, NC 276o4
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
US- 1y6Sua-
LETTER F 7FA 7F ° H5:3 M �77QL
DATE 10/31/12
1 JOB NO. 02100160.10
ATTENTION
Ms. Karen Higgins
PHONE #
gig-807-6363
RE: Phillips Place Townhomes
NWP 29 PCN Submittal
021oo16o.10
Phillips Place Townhomes NWP 29 PCN
1
10/30/12
021oo16o.10
® Attached ❑ Under separate cover via
❑ Prints ❑ Plans ❑ Samples
❑ Change order ❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
5
10/31/12
021oo16o.10
Phillips Place Townhomes NWP 29 PCN
1
10/30/12
021oo16o.10
Check for $57o Application Fee
1
10/31/12
02100160.10
CD of PCN
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit
❑ Submit
❑ Return
_ copies for approval
copies for distribution
corrected prints
REMARKS:
COPYTO: File
SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.

WITHERS RAVEN EL
October 31, 2012
US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. Dave Shaeffer
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
Re: Phillips Place Townhomes
Corps AID #SAW- 2oo802781
DWQ Project #o8 -1465
W &R Project #0210o16o.10
Dear Mr. Shaeffer and Ms. Higgins,
ENGINEERS I PLANNERS I SURVEYORS
NC- Division of Water Quality
401 Wetlands Unit
Attn: Ms. Higgins
1650 Mail Service Center
Raleigh, North Carolina 27699
On behalf of Phillips Place Associates, LLC, we are requesting authorization from the USACE
to use NWP 29 for 145 if of permanent stream impacts for the construction of the proposed
project.
The project is ±32.5 acres in si;
within the existing Phillips Plac
Longitude: - 78.874711 °W). The
onsite waters drain to Kit Creek.
and the Stream Index Number
030030002.
Proiect Histo
.e and is located west of the terminus of River Pine Drive,
e Subdivision, Cary, Wake County (Latitude: 35.834i83ON;
project is located in the Cape Fear /Jordan Lake basin and
The Water Quality Classification for Kit Creek is WS -V; NSW
is: 16- 41- 1- 17- 2- (0.3). The cataloging unit for the site is
The proposed project is an additional Phase of the Phillips Place Subdivision. Phase I
(single family residential) of Phillips Place Subdivision received a Corps NWP 29 (AID #SAW -
2oo802781) and DWQ 401 WQC (DWQ Project #o8 -1465) in 2oo8. Copies of the NWP 29 and
401 WQC have been provided as an Appendix. The NWP 29 and 401 WQC authorized
permanent stream impacts for construction of a culverted road crossing for access to the
Phase I project site, and 20 if of temporary stream impacts for installation of a sewer line.
The permittee purchased 150 if of stream mitigation from EEP for the authorized stream
impacts. A copy of the Mitigation Payment Receipt has been provided as an Appendix.
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
www.withersravene[.com I License No. C -0832

WITHERS II RAVEN EL
ENGINEERS I PLANNERS I SURVEYOR5
The Phillips Place Townhomes project is the second and final phase of the Phillips Place
Subdivision. Impacts from Phase I are considered cumulative with the Phillips Place
Townhomes project (Phase 11).
W &R conducted reviewed the project site to determine if wetlands were present. There are
no wetlands within the project site. There are 4 jurisdictional streams within the project
site. Rapanos forms for the onsite streams have been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 145 if of permanent stream impacts. The permanent
stream impacts are necessary for construction of a culverted road crossing to provide
access to the project site.
The project will also result in impacts to Jordan Lake Riparian Buffers, which are being
permitted through the Town of Cary.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and "waters" could be minimized.
Impacts for construction of the Phillips Place Townhomes project have been minimized to a
single stream crossing for access to the project site, which is the only point of access for the
project site. The crossing has been designed at a perpendicular angle to minimize stream
impacts. Also, the culverted crossing has been designed with headwalls to stabilize road
fill to minimize stream impacts.
Impacts were also minimized through the design of an aerial sewer crossing (Sheet B) to
avoid stream impacts during installation of the sewer line to service the proposed project.
Mitigation
The permittee purchased 150 if of stream mitigation from EEP previously permitted
permanent stream impacts for the Phillips Place Subdivision (Phase 1). While the impacts
are considered cumulative from both Phase I and the proposed Phillips Place Townhomes
project (Phase 11), the mitigation for Phase I has been provided. Therefore, the applicant
proposes to mitigate for the currently proposed 145 if of permanent stream impacts for the
WITHERS RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS

WITHERS II RAVEN EL
ENGINEERS I PLANNERS I SURVEYOR5
Phillips Place Townhomes project (Phase II) through the purchase of 145 if of stream
mitigation from EEP. A copy of the EEP Letter of Acceptance has been provided as an
Appendix.
Stormwater Management Plan
The stormwater management plan consists of a wet detention pond. The Stormwater
Management Plan is currently being reviewed by the Town of Cary, and will receive final
approval upon issuance of the 404/4o1 authorization. A copy of the Town of Cary
Stormwater Management Plan approval will be provided to DWQ upon issuance.
The current request is for 145 if of permanent stream impacts (see the attached maps and
PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Aerial Photo &Topographic Exhibit
• USGS Quad Map
• Wake County Soil Survey
• Phillips Place Subdivision 404 Permit
• Phillips Place Subdivision 401 WQC
• Phillips Place Mitigation Payment Receipt
• EEP Letter of Acceptance
• JD Information & Rapanos Forms (Corps Application Only)
• Impact Exhibits
WITHERS RAVENEL Page 3 of 3
ENGINEERS I PLANNERS I SURVEYORS

o�oF w a rF9o�
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 10
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:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 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 In
below.
❑ Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
❑ No
2.
Project Information
2a.
Name of project:
Phillips Place Townhomes
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
Phillips Place
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Phillips Place Associates, LLC
3b.
Deed Book and Page No.
DB: 13659; Page: 0402
3c.
Responsible Party (for LLC if
applicable):
Glen Futrell
3d.
Street address:
9407 Barton Creek Drive
3e.
City, state, zip:
Raleigh, NC 27615
3f.
Telephone no.:
919 - 810 -0980
3g.
Fax no.:
3h.
Email address:
glenn @pirates - cove.com
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
Withers and Ravenel
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 10
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
0735782502;0735782263
1 b. Site coordinates (in decimal degrees):
Latitude: 35.834183 °N Longitude: - 78.874711 °W
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
±32.5 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Kit Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -V;NSW (Stream Index: 16- 41- 1- 17- 2- (0.3))
2c. River basin:
Cape Fear /Jordan - 03030002
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site currently consists of undeveloped woodlands. The general land use in the vicinity of the project consists
of residential subdivisions.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no wetlands within the project site.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,798 If of streams within the proposed project area.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct the multi - family (townhouses) phase of the Phillips Place Subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of the construction of 116 townhomes and associated infrastructure (i.e. roads, utilities, etc).
Standard commercial construction equipment will be used to construct the proposed project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: A jurisdictional determination was issued for
Phase I of the Phillips Place Subdivision through
® Yes ❑ No ❑ Unknown
issuance of the Corps 404 permit (AID #200802781).
There are no wetlands within the proposed project.
There are four jurisdictional streams within the
proposed project. JD Information and Rapanos Forms
have been provided for the onsite streams.
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Withers & Ravenel
Name (if known): Todd Preuninger
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A jurisdictional determination was issued for Phase I of the Phillips Place Subdivision through issuance of the Corps 404
permit (AID #200802781). A copy of the previous 404 permit has been provided as an Appendix.
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The Corps issued a 404 Permit (AID #200802781) on 12/10/2008 for Phase I of the Phillips Place Subdivision. A copy of
the 404 Permit has been provided as an Appendix.
NC DWQ issued a 401 WQC (DWQ Project #08 -1465) on 12/29/2008 for Phase I of the Phillips Place Subdivision. A
copy of the 401 WQC has been provided as an Appendix.
6. Future Project Plans
6a. Is this a phased project? --FE
❑ No
6b. If yes, explain.
The Phillips Place Subdivision is a phased project, with Phase I (single family residential) being permitted in 2008, which
has been constructed. Phase II (townhomes) is being permitted under this application.
Page 4 of 10
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
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Impact #1
Culverted Road
UT to Kit Creek
® PER
® Corps
145 If
® P F1
Crossing
F1 INT
® DWQ
3h. Total stream and tributary impacts
145 If
3i. 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 individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
Page 5 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
K 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 El Tar-Pamlico ®Other: Jordan Lake
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary (T)
impact
required?
B1 ❑P ❑T
F-1 Yes
❑ No
B2 ❑P ❑T
F-1 Yes
❑ No
B3 ❑P ❑T
F-1 Yes
❑ No
6h. Total buffer impacts
6i. Comments: Impacts to Jordan Lake Buffers will be permitted through the Town of Cary.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
Impacts for construction of the Phillips Place Townhomes project have been minimized to a single stream crossing for access
to the project site, which is the only point of access for the project site. The crossing has been designed at a perpendicular
angle to minimize stream impacts. Also, the culverted crossing has been designed with headwalls to stabilize road fill to
minimize stream impacts.
Impacts were also minimized through the design of an aerial sewer crossing (Sheet B) to avoid stream impacts during
installation of the sewer line to service the proposed project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The road crossing was designed at a perpendicular angle to minimize stream impacts. Also, head walls were used to stabilize
fill to minimize stream impacts.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version

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
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:
145 linear feet
4c.
If using stream mitigation, stream temperature:
® warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non - riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a.
Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g.
If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Page 7 of 10
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
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: Impacts to Jordan Lake Riparian Buffers is being permitted through the
❑ Yes ® No
Town of Cary, as they are a delegated local municipality. Diffuse flow requirements
will be reviewed by the Town of Cary.
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:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The Stormwater Management Plan consists of a wet detention pond. The Stormwater
Manangement Plan is currently
being reviewed by the Town of Cary. A copy of the Stormwater Management Plan approval
will be provided to DWQ
upon issuance.
® 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?
Town of Cary
® Phase II
® NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ 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
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8of10
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project consists of the final phase of the Phillips Place Subdivision, and is located within a heavily
developed area of Cary. Therefore, the proposed project is not anticipated to be a catalyst for future development that
could result in impacts to downstream water quality.
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.
Town of Cary sanitary sewer
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
F-1 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?
W &R reviewed the NC Natural Heritage Program database, located at http: / /portal.ncdenr.org /web /nhp /nhp- map- viewer,
to identify if there were any known occurrences of endangered species on or near the proposed project. The review of
the NHP database did not identify any recent occurrences of endangered species or critical habitat on the subject
property or within 2.0 miles of the project.
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?
There are no waters classified as EFH in Wake County.
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?
No historic or cultural resources were observed within the proposed project area. Furthermore, the issuance of the 404
permit for Phase I of the Phillips Place Subdivision documents that there were no known cultural or historic resources
within the vicinity of the project.
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:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
Troy Beasley Authorized Agent
10/31/12
-
Applicant /Agent's Printed Name
Date
Applicant /Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION

WITH ERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
S�. LAG
AUTHORITY FOR APPOINTMENT OF AGENT �h �,,ps -?
�Ta
The undersigned contract purchasers )lOwner_� ^f�Client) does hereby
appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's 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, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications /requests for the Th, 11-' Ls Tke -TrxR ,61'es
The Client 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 Client.
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel, Inc-
1410 Commonwealth Drive Suite 101
Wilmin ton NC 28403
Date.
Signature of Client:
(Name :,,Print)
(signature)
Tel._ (910) 256 -9277
Mailing Addre `
/ C r
City ' State Zip
Phone: �ZZ grinlol -!
Email:
�T
1 1 1 MacKenan Drive I Cary, NC 27511 1 tel.: [phone] fax: [phone] www.withersrovenel.com
License No. C -0832
1410 Commonwealth Drive I Suite 101 1 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

AERIAL PHOTOGRAPH;
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PHILLIPS PLACE 404 PERMIT

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200802781 County: Wake
USGS Quad: Cary
o?Ob13:7-0
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: IV -M Investments, LLC
Address: Attn: Glenn Futrell
150 Towerview Court
Carv, NC 27513
Telephone No.: 919 -467 -6935
Size and location of property (water body, road naive /number, town, etc.): The Phillip's Place Subdivision is
annroximately 82 acres of land located apnroximately 700 ft northeast of the intersection of Good Hone Church Rd
and NC Hwy 55 in.Cary, Wake Countv, North Carolina. ,
a
Description of projects area and activity: This authorization is for permanent impact to 136 linear feet ofstream
channel due to the installation, of a culvert associated with the construction of a residential subdivision. The
project must be conducted in accordance with the application and drawinLys submitted on 9/23/2008.
Remarks: Impacts to waters of the United States for the Phillip's Place Subdivision project (SAW= 2008 - .02781)
and all other proposed impacts to waters of the United States associated with future phases of the Phillip's Place
Subdivision, including proposed permanent impacts to 1501f of important stream channel and proposed
temporary impacts to 201f of important stream channel, are a single and complete project as defined in the Code
of Federal Regulations (CFR) at 33 CFR 330.2(i). The use of more than one Nationwide Permit (NWP) for a single
and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the
NWPs does not exceed the acreage limit of the NWP with the highest specific acreage limit. Based on the
information that has been submitted to date, permanent impacts to waters of the United States for the current
phase and future phases for the project listed above, do not exceed the threshold limits of the applicable NWPs.
The threshold limits of the applicable NWPs are 0.5 acre loss of waters of the United States, including 300 linear
feet of stream channels with important aquatic function. Therefore, if either of these threshold limits is exceeded
by the future phases of Phillip's Place Subdivision then this NWP verification is not applicable to the project.
Additionally, for any NWP that results in a loss of more than 150 linear feet of perennial and /or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for the loss of
aquatic function associated with the proposed activity. Based on information that has been submitted to date,
the currently authorized impacts and the proposed impacts associated with the future phases will total 286 if
of impact to important stream channel. As such, mitigation to compensate for this loss will be required at the time
of issuance of the permit authorizing the future phase.
Applicable Law: M Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Pen-nit Number: 29
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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide pen-nit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide pen-nit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the tenns and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pennit, will remain authorized provided the
Page 1 of 2

1 8
activity is completed within twelve months of the date of the nationwide pen-nit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
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 detennine 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 Anny verification does not relieve the pennittee of the responsibility to obtain any other required Federal,
State or local approvals /pennits.
If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory
program, please contact Crystal AmschIer.
Corps Regulatory Official Date: 12/10/2008
Expiration Date of Verification: 12/10/2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at hqp : / /regulatoKy.usacesurvey.com/ to complete the survey
online.
Page 2 of 2

PHILLIPS PLACE 401 WQC

I
Mr. Glenn Futrell
1V -M Investments, LLC
150 Towerview Court
Cary, NC 27513
01-1
Phillips Place Subdivision
Ut to Kit Creek [030605, 16- 41- 1- 17- 2- (0.7),
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 29, 2008
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08 -1465
Wake County
WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Futrell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 170 linear feet of perennial stream (150 linear feet permanent impact and 20
linear feet temporary impact) to construct the proposed residential subdivision, as described within your
revised application dated September 23, 2008, and received by the N.C. Division of Water Quality
(DWQ) on September 24, 2008, with additional information received December 12, 2008. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s)
NW29, respectively, when issued by the US Army Corps of Engineers (USACE). 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, 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 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.
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 OversightlExpress Review Permits Unit
1650 Mail Service Center. Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -1786 /FAX [phone] / Intemet: http:/ /h2o.enr.state.nc.us /ncvvetlands
An Equal Opportunity/Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper
Nose Carolina
�tuN11ff

IV -M Investments, LLC
Page 2 of 5
December 29, 2008
Type of Impact
Amount Approved nits
PIan Location or Reference
Stream - perennial
170[(linear feet) 150 linear feet
Correspondence received 12/12/08
permanent impact and 20 linear
feet temporary impact]
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 404/40 1 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 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;
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. 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
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

IV -M Investments, LLC
Page 3 of 5
December 29, 2008
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htW: / /h2o.enr.state.nc.us/su /Forms Documents. htm.;
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
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
40 ]/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.

IV -M Investments, LLC
Page 4 of 5
December 29, 2008
Mitigation:
8. 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 (919) 733 -5205 if you have any questions concerning payment into a
restoration fund. You have 60 calendar days 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:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream - perennial
150 (linear feet)
Neuse /03030004
9. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
hqp: / /h2o.enr. state. nc. us /ncwetlands /documents /SNWRequirementsforAp2pl icantsotherthanNC DO
T.pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur.
• If a development is phased, then the SMP for each future phase must approved by the 401
Oversight/Express Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any site grading
associated with that phase may occur. Future phases must comply with the stormwater
management design requirements in place at the time they are submitted for approval.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
a The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.

IV -M Investments, LLC
Page 5 of 5
December 29, 2008
Certificate of Completion:
10. 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 Mike Horan in the DWQ Raleigh Regional Office at 919 - 791 -4200.
Sincerely,
Coleen H. Sullins
CHS /gym
Enclosures: GC3705
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 081465Phi Il ipsPlaceSD(Wake)401_Revised

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Coleen H. Sullins, Director
Division of Water Quality
In accordance with 15A NCAC 2H.0500, Mr. Glenn Futrell and IV -M Investments, LLC, have permission to fill or
otherwise impact 170 linear feet of perennial stream (150 linear permanent impact and 20 linear feet temporary
impact) to construct the proposed residential development at the site, which is located off Old Maynard Road (SR
1632), in Cary, Wake County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Phillip's Place
DWQ PROJECT #: 20081465
LOCATION: Cary
COUNTY Wake
BASIN/ SUB BASIN Cape Fear /03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts
I Mitigation
150 Linear Feet Perennial Stream
1 150 Linear Feet Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form: PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 716 -1921
Filename: 081465Phil I ipsPlaceSD(Wake)401_EEP_Revised
One arolina
401 Oversight/Express Review Permitting Unit . f ►/QtFllCll��l�
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http: / /www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/ 10% Post Consumer Paper

PHILLIPS PLACE
EEP MITIGATION
PAYMENT RECEIPT

Glenn Futrell
Phillips Place Associates, LLC
1008 Oak Creek Road
Raleigh, NC 27615
Project:
Phillips Place
County:
Wake
DWQ#
08 -1465
COE #:
2008 -02781
EEP #:
11798
Amount Paid:
$51,600.00
Check Number: 092
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 /CAMA 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 including
SL 2009 -337, An Act to Promote Compensatory Mitigation Banks.
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.
Mitigation respons' ity assigned to the NCEEP is nontransferable. The mitigation will be performed in accordance with
the Memorandurr ;f 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 1& II
HUC
(linear feet)
(acres)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Riparian
Coastal Marsh
Cape Fear
0
0
150
0
0
0
0
03030004
Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in
accordance with ESP's refund policy at www.nceep.net, If you have any questions or need additional information, please
contact Kelly Williams at (919) 716 -1921.
Sincerely,
1
12
William I Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands /401 Unit
USACE- Raleigh, Thelma Hemmingway, USACE - Wilmington
Troy Beasley, agent
File
Protectc'tq Ow- Sta&
a• _
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

PHILLIPS PLACE TOWNHOMES
EEP LETTER OF ACCEPTANCE

Phillips Place Associates
3404 Spartina Ct.
Raleigh, NC 27606 Expiration of Acceptance: April 30, 2013
Project: Phillips Place Townhomes 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 compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. 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 government permits, regulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six 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 /LAMA 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 in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. 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.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
NA_
`
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
Dave Shaeffer, USAGE- Raleigh
Troy Beasley, agent
File
_ _.... - •,., a -. - -
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Ri arian
Non -Ri arian
Coastal Marsh
Impact
Cape Fear
03030002
0
0
282
0
1 0
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. 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.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
NA_
`
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
Dave Shaeffer, USAGE- Raleigh
Troy Beasley, agent
File
_ _.... - •,., a -. - -

IMPACT EXHIBITS

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LEGEND
PERMANENT PERENNIAL
IMPACT #1 (PERENNIAL STREAM IMPACT) =145 LF STREAM IMPACT
GRAPHIC SCALE
40 0
1 inch = 40 ft.
PHILLIPS PLACE TOWNHOMES SHEET A WITHERS RAVENEL
IMPACT #1 ENOIN EERS I PLANNERS I SURVEYORS
CARY Wake North Carolina

20'
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IMPACT #2: STREAM IMPACT = 0 LF
(AERIAL SEWER CROSSING)
GRAPHIC SCALE
40 0
1 inch = 40 ft.
PHILLIPS PLACE TOWNHOMES SHEET B WITHERS &- RAVEN EL
IMPACT #2 ENGINEERS I PLANNERS I SURVEYORS

AQUATIC LIFE PASSAGE
(EXISTING &PROPOSED ELEVATIONS)
LOCATION
EXISTING
PROPOSED INVERT.
GRADE
ELEV.
UPSTREAM
295.00
294.00
DOWNSTREAM
293.00
292.00
84 "RCP
(_ EXISTING GRADE__
----- - - - - -- ---- - - - -
-- -- 1
1.0'
PROPSED
INVERT
UPSTREAM SECTION
NOT TO SCALE
84 "RCP
(_ EXISTING GRADE__
----- - - - - -- ---- - - - -
-- -- 1
1.0'
PROPSED
INVERT
DOWNSTREAM SECTION
NOT TO SCALE
PHILLIPS PLACE TOWNHOMES
SHEET C
WITHERS &- RAVENEL
AQUATIC PASSAGE DETAIL
ENGINEERS I PLANNERS I SURVEYORS
CARY Wake North Carolina
AQUATIC LIFE PASSAGE
(EXISTING &PROPOSED ELEVATIONS)
LOCATION
EXISTING
PROPOSED INVERT.
GRADE
ELEV.
UPSTREAM
295.00
294.00
DOWNSTREAM
293.00
292.00