20130309 Ver 1_401 Application_20130313

® MULKEY 20130308
ENGINEERS & CONSULTANTS
PO Box 33127
RALEIGH, NC 27636
PHONE: C319-851-1912
FAx: 919-B51-191B
LETTER OF TRANSMITTAL
To: Ms. Karen Higgens Date: March 19, 2013
NC Division of Water Quality
512 N. Salisbury St
Raleigh, NC 27699
From: Brian Dustin
Re: PCN, Capital Creek Apartments.
Wake Forest, NC Job No.: 2012018.00
I am sending you the following item(s):
COPIES
DATE
DESCRIPTION
1
02/26/13
Cover Letter — Overview of PCN
1
02126/13
Pre - Construction Notification Form
1
02/26/13
Project maps and proposed impacts.
1
02/26/13
One check in the amount of $240.00
These are transmitted as checked below:
❑
As requested
®
For approval
❑
For review and comment
Remarks:
Karen,
❑ For your use
❑ For Signatures
G6pOM¢
If you have any questions or concerns, please call me at (919) 858 -1926.
Signature
&U-
Brian Dustin
Environmental Scientist
MAR 252013

March 18, 2013
Mr. Martin Richmond
NCDWQ
512 North Salisbury Street
Raleigh, NC 27604
' MULKEY
ENGINEERS & CONSULTANTS
Subject: PCN for Capital Creek Apartments, Wake Forest, NC
Dear Mr. Richmond,
This letter is in reference to the attached PCN for your review. The PCN describes the proposed
work to be done on a parcel located at the intersection of Rogers Road and Heritage Branch Road in
Wake Forest, NC. The work will include the construction of a 315 unit apartment complex. The
permanent impacts will include a bridge and road over a perennial stream and through buffers
associated with the stream.
If you have any questions or concerns, please do not hesitate to contact me directly at (919) 858-
1926 or by email to bdustin @mulkeyinc.com.
Sincerely,
_4� D4—
Brian Dustin
Environmental Scientist
MULKEY ENGINEERS & CONSULTANTS, INC.
Attachments:
Pre - Construction Notification
Map of site
Impact drawings
Check in amount of $240.00
CC: James Latsinger, USACE, w/ attachments
MULKEY INC. 6750 TRYON ROAD CARY. NC 27511 PO BOX 33127 RALEIGH. NC 27636 PH: 919 -851 -1912 FAX: 919 - 851 -1918 WWW.MULKEYINC.COM

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20130309
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre- Construction Notification C Form
A. App Information
1. Processing
_
1 a. Type(s) of approval sought from the
Corps:
❑Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number. 29 or General Permit (GP) number.
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
® Yes ❑ No
1f. Is payment into a mitigation bank or in4leu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Capital Creek Apartments
2b. County:
Wake
2c. Nearest municipality / town:
Wake Forest
2d. Subdivision name:
Capital Creek Apartments
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Andrew L. Ammons
3b. Deed Book and Page No.
09197, pg 1160
3c. Responsible Party (for LLC If
applicable):
Wes Taubel, T/W /0 Capital Partners
3d. Street address:
3445 Peachtree Road NE, Suite 465
3e. City, state, zip:
Atlanta, Georgia 30326
3f. Telephone no.:
404262 -2661
LUIJ
3g. Fax no.:
NR -
3h. Email address:
MI
wtaubel @twocapitalpartners.com
I z 2MMU&—R-ndt-
Page 1 of 11
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. -City; state, zip:
41'. Telephone no.:
4g. Fax no.:
A. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Brian Dustin
5b. Business name
(if applicable):
Mulkey, Inc.
5c. Street address:
6750 Tryon Road
5d. City, state, zip:
Cary, NC 27518
5e. Telephone no.:
919 -858 -1926
5f. Fax no.:
919 -851 -1918
5g. Email address:
bdustin @mulkeyinc.com
Page 2 of 11
PCN Form — Version 1.4 January 2009

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1840206781
1 b. Site coordinates (in decimal degrees):
Latitude: 35.94806 Longitude: - 78.516105
Comments: Determination attached
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
26.49 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Smith Creek
proposed project:
Other:
2b. Water Quality Classification of nearest receiving water:
C;NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing conditions on the property consist of 90% forested area and 10% meadow /grasslands with existing sewer
easement. Surrounding area consists of residential and commercial development.
3b. List the total estimated acreage of all existing wetlands on the property:
0.123 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2103 linear feet
3d. Explain the purpose of the proposed project:
The purpose of the project is to build a 315 -unit apartment complex.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed Capital Creek Apartments at Heritage located in Wake Forest, NC will consist of approximately 315
units, nine 4 -story buildings with separate garages and associated parking. The apartment complex will be
constructed in two phases. The facility will also include a 5,000 s.f. clubhouse, amenity center, dog park, playground,
pool and deck. The construction equipment will include an excavator, crane, dump trucks, and potentially a bulldozer
or front -end loader for dam construction. In addition, hand tools and other common construction equipment may be
needed for construction.
Page 3 of 11
PCN Form – Version 1.4 January 2009
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?
® Yes ❑ No ❑ Unknown
Comments: Determination attached
4b. If the Corps made the jurisdictional determination, what type
❑Preliminary ED Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Mulkey, Inc.
Name (if known): Brian Dustin
Other:
[4d—, If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A field verification was held on June 22, 2012 with both USACE and NCDWQ in attendance.
Page 3 of 11
PCN Form – Version 1.4 January 2009

5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
Yes ❑ No
6b. If yes, explain.
Phase 1 will consist of building six buildings along with all amenities. Phase 2 will consist of building the fast three
buildings.
Page 4 of 11
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams — tributaries ® Buffers ❑ Open -Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area Impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: No wetlands will be impacted.
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
Temporary (T)
intermittent
(INT)?
DWQ — non -404,
width
(linear
feet)
other)
(feet)
S1 ❑ P ® T
Sewer line
SA
❑ PER
® Corps
3
25
Install
® INT
® DWQ
S2 ® P ❑ T
Bridge
SB
® PER
❑ INT
® Corps
® DWQ
13
98
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
123
31. Comments:
Page 5 of 11
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed Impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 ❑ PEI T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g. Comments:
5. Pond or (Lake Construction
If Pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51. 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. Project is in which protected basin?
® Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
B1 ®P ❑ T
Road and bridge
constuction
SB
❑ Yes ® No
5,659
3,767
B2 ❑P ❑T
El Yes ❑No
B3 ❑P ❑T
El Yes [I No
B4 ❑P ❑T
❑Yes [I No
B5 ❑P ❑T
El Yes [I No
Be ❑P ❑T
El Yes El No
6h. Total buffer impacts
1 5,659
3,767
61. Comments: Permanent impacts include new bridge and road through stream SB buffer.
Page 6 of 11
PCN Form — Version 1.4 January 2009

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project.
Retaining walls are being proposed throughout the site to minimize impacts to the buffer associated with grading.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence and tree protection fence will be installed around the buffers to ensure that construction equipment avoids these
areas. Where the proposed road crosses the buffer and the proposed sanitary sewer connects to the existing sewer located
In the buffer, limits of construction will be identified with silt fence and tree protection fencing. All temporary and finished
slopes will be seeded to prevent erosion and the discharge of sediment into the buffer. Retaining walls are being proposed
throughout the site to minimize impacts to the buffer associated with grading.
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 in4ieu 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 in4leu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7of11
PCN Form — Version 1.4 January 2009

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
❑ Yes ® No
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 (square feet)
Multiplier
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 in4ieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.4 January 2009

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.
® Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
45%
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:
Structural Stormwater BMP's in the form of bio retention areas, wet pond, and sand filters are being proposed to provide
treatment for water quality and quantity.
® 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 Wake Forest
® Phase II
3b. Which of the following locally4mplemented 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?
Stormwater plan has been reviewed by the Town of Wake Forest and will be
approved after Issue of 401/404 permits.
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
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 9 of 11
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1b. 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):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will discharge wastewater into the public sanitary sewer system operated and maintained by the
City of Raleigh.
Page 10 of 11
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes ®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes No
Impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
National Heritage Program data was reviewed within 1 mile of the study area, and no Federally or State listed species
were found in the area.
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?
NOAA National Marine Fisheries Service Essential Fish Habitat Mapper v3.0
h : /twww.habitat.noaa. ov/ rotecUon /efh/habitatma er.htmi
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would Impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? -T
❑Yes ®No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodmaps GIS Data, NC Floodplain Mapping
Program.
NC Floodmaps: Firm map 3720184000 J, Zone X (effective date May 2w, 2006.
Applicant/Agents Printed Name
ApplicanUAgenfs Signature
Date
(Agents signature Is valid only If an authorization letter from the applicant
Is provided.)
Page 11 of 11
PCN Form — Version 1.4 January 2009

O
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre- Construction Notification C Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
❑Section 404 Permit El Section 10 Permit
ib. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number.
1c. 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 in4leu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
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:
Capital Creek Apartments
2b. County:
Wake
2c. Nearest municipality / town:
Wake Forest
2d. Subdivision name:
Capital Creek Apartments
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Andrew L. Ammons
3b. Deed Book and Page No.
09197, pg 1160
3c. Responsible Party (for LLC if
applicable):
Wes Taubel, T/W /O Capital Partners
3d. Street address:
3445 Peachtree Road NE, Suite 465
3e. City, state, zip:
Atlanta, Georgia 30326
3f. Telephone no.:
404 -262 -2661
3g. Fax no.:
3h. Email address:
wtaubel @twocapitalpartners.com
Page 1 of 11
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
Brian Dustin
5b. Business name
(if applicable):
Mulkey, Inc.
5c. Street address:
6750 Tryon Road
5d. City, state, zip:
Cary, NC 27518
5e. Telephone no.:
919 -858 -1926
5f. Fax no.:
919 -851 -1918
5g. Email address:
bdustin @mulkeyinc.com
Page 2 of 11
PCN Form — Version 1.4 January 2009

B. Project Information and Prior Project History
I. Property Identification
la. Property identification no. (tax PIN or parcel ID):
1840206781
1 b. Site coordinates (in decimal degrees):
Latitude: 35.94806 Longitude: - 78.516105
Comments: Determination attached
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
26.49 acres
2. Surface Waters
Agency /Consultant Company: Mulkey, Inc.
2a. Name of nearest body of water (stream, river, etc.) to
Smith Creek
proposed project:
A field verification was held on June 22, 2012 with both USACE and NCDWQ in attendance.
2b. Water Quality Classification of nearest receiving water:
C;NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing conditions on the property consist of 90% forested area and 10% meadow /grasslands with existing sewer
easement. Surrounding area consists of residential and commercial development.
3b. List the total estimated acreage of all existing wetlands on the property:
0.123 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2103 linear feet
3d. Explain the purpose of the proposed project:
The purpose of the ro'ect is to build a 315 -unit apartment complex.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed Capital Creek Apartments at Heritage located in Wake Forest, NC will consist of approximately 315
units, nine 4 -story buildings with separate garages and associated parking. The apartment complex will be
constructed in two phases. The facility will also include a 5,000 s.f. clubhouse, amenity center, dog park, playground,
pool and deck. The construction equipment will include an excavator, crane, dump trucks, and potentially a bulldozer
or front -end loader for dam construction. In addition, hand tools and other common construction equipment may be
needed for construction.
Page 3 of 11
PCN Form — Version 1.4 January 2009
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?
® Yes ❑ No ❑ Unknown
Comments: Determination attached
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Mulkey, Inc.
Name (if known): Brian Dustin
Other.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A field verification was held on June 22, 2012 with both USACE and NCDWQ in attendance.
Page 3 of 11
PCN Form — Version 1.4 January 2009

S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file° instructions.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
Phase 1 will consist of building six buildings along with all amenities. Phase 2 will consist of building the last three
buildings.
Page 4 of 11
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
I. 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 [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: No wetlands will be impacted.
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.
39.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
Permanent (P) or
(PER) or
intermittent
(Corps - 404, 10
DWQ — non -404,
stream
width
length
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 []PST
Sewer line
SA
❑ PER
® Corps
3
25
install
® INT
® DWQ
S2 ®P ❑ T
Bridge
SB
® PER
❑ INT
® Corps
® DWQ
13
98
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
123
31. Comments:
Page 5 of 11
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If Pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f, Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
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. Project is in which protected basin?
® Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other.
6b.
Buffer impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
B1 ® P ❑ T
Road and bridge
constuction
SB
❑ Yes ® No
5,659
3,767
B2 ❑P
❑Yes No
B3 ❑P
❑Yes No
B4 ❑P
❑Yes 0 N
B5 ❑P
❑Yes No
B6 ❑p ❑T
El Yes No
6h. Total buffer impacts
5,659
1 3,767
6i. Comments: Permanent impacts include new bridge and road through stream SB buffer.
Page 6 of 11
PCN Form — Version 1.4 January 2009

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.
Retaining walls are being proposed throughout the site to minimize impacts to the buffer associated with grading.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence and tree protection fence will be installed around the buffers to ensure that construction equipment avoids these
areas. Where the proposed road crosses the buffer and the proposed sanitary sewer connects to the existing sewer located
In the buffer, limits of construction will be identified with silt fence and tree protection fencing. All temporary and finished
slopes will be seeded to prevent erosion and the discharge of sediment into the buffer. Retaining walls are being proposed
throughout the site to minimize impacts to the buffer associated with grading.
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 in4leu 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 in4ieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool []cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. 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 1.4 January 2009

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
❑ Yes ® No
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 (square feet)
Multiplier
Required mitigation
(square feet)
3 (2 for
Zone 1
Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.4 January 2009

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.
® Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
45%
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:
Structural Stormwater BMP's in the form of bio retention areas, wet pond, and sand filters are being proposed to provide
treatment for water quality and quantity.
® 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 Wake Forest
® 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?
Stormwater plan has been reviewed by the Town of Wake Forest and will be
approved after issue of 401/404 permits.
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 1.4 January 2009

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?
1b. 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):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will discharge wastewater into the public sanitary sewer system operated and maintained by the
City of Raleigh.
Page 10 of 11
PCN Form — Version 1.4 January 2009

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?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
National Heritage Program data was reviewed within 1 mile of the study area, and no Federally or State listed species
were found in the area.
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?
NOAA National Marine Fisheries Service Essential Fish Habitat Mapper v3.0
http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi
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
El Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodmaps GIS Data, NC Floodplain Mapping
Program.
NC Floodmaps: Firm map 3720184000 J, Zone X (effective date May 2nd, 2006.
)3(. ia� �vst►�
�- �� �3
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
Is provided.)
Page 11 of 11
PCN Form — Version 1.4 January 2009

4
� r
i�

Legend
- Streams VERIFIED
® Wetlands VERIFIED
Study Area
Neuse River Buffers
Zone 1
Zone 2
FIGURE
Jurisdictional Resources
The Reserve at Heritage
Wake Forest, NC
Wake County
Delineation Date: 0N052012
Map Date: 05212012
e1 inch = 150 feet
GRAPHIC SCALE
Feet
75 150 300

Legend
Study Area
Streams VERIFIED
Wetlands VERIFIED
FIGURE
Topographic Position
The Reserve at Heritage
Wake Forest, NC
Wake County
Derne —n Dare: �012
Map Date: M912012
e1 inch = 200 feet
GRAPHIC SCALE
Feet
0 100 200 40(

U.S. ARMY CORPS OF ENGINEERS Py
WILMINGTON DISTRICT
Action Id. SAW - 2012 -01042 County: Wake U.S.G.S. Quad: NC -WAKE FOREST
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Aeent: Mulkey Engineers and Consultants
Andrew Ammons Brian Dustin
Address: 7424 Chapel Hill Rd. Address: 6750 Tryon Rd.
Raleigh. NC 27607
Property description:
Cary. NC 27518
Size (acres) 26.5 Nearest Town Wake Forest
Nearest Waterway Smith Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.9484 Longitude: - 78.51603
Location description: The Property is approximately 26.5 acres bordered to the north by Rogers Rd., and to the
west by Heritage Branch Rd., and contains iurisdictional wetlands and tributaries that flow to Smith Creek in the
Neuse River basin.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact James Lastinger at 919 -554 -4884
x2f/ James .C.Lastin¢er(a)usace.armv.mil.
Su
C. Basis For Determination
Stream on site exhibit an established OHWM Wetlands on site exhibit wetland criteria as described in the Corps 1987
Wetland Delineation Manual and appropriate Regional Supplement.
D. Remarks
Site visit made on June 22, 2012 to verify jurisdictional areas on site.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the Iimits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by September 24, 2012.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory
Date: July 24.2012 L-" Expiration Date: July 24.2017
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 attached customer Satisfaction Survey or visit hn:L/per2.nn.usace.army.mil/sgnLey.htmI to
complete the survey online.
Copy furnished:
See above

.
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hM:/ /www.usace.§M. mil /inettfunctionslew /ceewo /reg or
Co s• regulations at 33 CFR Part 331,~
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:
Andrew Ammons File Number: SAW - 2012 -01042
Date: July
24, 2012
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
Ell
PROFFERED PERMIT Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hM:/ /www.usace.§M. mil /inettfunctionslew /ceewo /reg or
Co s• regulations at 33 CFR Part 331,~
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION H - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFEREDYERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT QF C_OXTA-CT FOR Q. UESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD -PDO
Attu: James Lastinger, Regulatory Specialist
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, NC 27587
Atlanta, Georgia 30303 -8801
919 - 5544884 ext 32
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o ortuni to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801
Phone: [phone]

4
CCREWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
August 2, 2012
Brian Dustin
Mulkey Engineers & Consultants, Inc.
6750 Tryon Road
Cary, NC 27511
NBRRO #12 -125
Wake County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 26.0233)
Start®
Stop@
[1 Ephemeral /Intermittent/Perennial Determination
El Tar-Pamlico (15A NCAC 26 .0259)
SA
❑ Isolated'Wetland Determination
❑ Jordan (15A NCAC 26 .0267)
SA017
Project Name: The Reserve at Heritage
Location/Directions: Located southeast of the intersection of Rogers Road and Heritage
Branch Road
Subject Stream: UT to Smith Creek
Date of Determination: 6/22/12
Feature
E/UP*
Not
Subject
Subject
Start®
Stop@
Soil
Survey
USGS
Topo
SA
X
SA017
X
SB
X
SB001
X
X
SC
X
SCOW
X
*E/UP = Ephemeral /lntermittent/Perennfal
Explanation: The features) 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.
JVuly
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet www.ncNatDrquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal OpportunilylAffirrnative Action Employer -50% Recyded110% 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/o Karen Higgins, DWQ
WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699.
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 William
Cary, 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 )-733 -1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919 )-554 -4884.
Respectfully,
Lauren Witherspoon
Environmental Senior Specialist
cc: WeBSCaPe —1650 Mail Service Center
RRO /SWP File Copy

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Wetlands VERIFIED
Study Area
Neuse River Buffers
Zone 1
Zone 2
FIGURE
2
Jurisdictional Resources
The Reserve at Heritage
Wake Forest, NC
Wake County
Dd.eab- Date: 0 410 5 2 01 2
Map Date: 062812012
e1 inch = 150 feet
GRAPHIC SCALE
Feet
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ACME Mapper 2.0 - 3.9 km SxSE of Wake Forest NC Page 1 of 2
http: / /mapper.acme.com/ 8/2/2012

Legend
O Study Area
Streams VERIFIED
Wetlands VERIFIED
FIGURE
3
Topographic Position
The Reserve at Heritage
Wake Forest, NC
Wake County
Dafnealion Date: 04/058012
Map Daia: 0689/2012
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6. No portion of the subject property is in a special flood hazard area
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AT HERITAGE WAKE FOREST
ENGINEERS &CONSULTANTS
P❑ Box 331 S oX 331 27
RALEIGH, N.C. 27636 -3127
T/W /O CAPITAL PARTNERS
(9 1 9) a 51 -1 9 1 2
(919) 851 -1916 (FAX)
3445PATLANTAGE ROAD NF, SLATE465
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ATLANTA GEORGIA, 30326
FIRM LICENSE NC. c -1 OZ1
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