20060522 Ver 2_401 Application_20070614

Environmental Consultants, PA
Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
]une14,2007
S&EC Project # 9037.W4
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Jamie Shern
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27614
From: Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260 pgYMENT
D~ - ~j~- V~ RECEIVED
Re: Foxborough Crossings -Utility Improvements, Wake County, NC
On behalf of the owners Foxborough Crossings, Inc., please find attached a complete application and supplemental information
requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the N.C. Division of Water Quality (DWQ) that
the activities proposed below may proceed under Nationwide Permits 12 and General Water Quality Certifications 3625. Please
contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Foxborou h Crossin s -Utilit hn rovements
Pro~ect T e Utilit Line Installation
Owner / A licant Foxborou h Crossin s, Inc.
Count Wake
Nearest Town Wendell
Waterbod Name Buffalo Creek
Basin /Sub-basin 030406
Index Number 27-57-16- 2
Class B;NSW
USGS Catalo in Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.0145 (temporary)
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0145 (temporary)
Total Stream Impact (linear feet): 0.0145 (temporary)
Attachments:
Pre-construction Notification (PCN) Application Form
NRCS Soil Survey Map
USGS Topographic Map
Agent Authorization Forns
Overall Impact Map
Detailed Impact Map Exhibits
NCDWQ Buffer Determination Letter
NCDWQ 401 Approval (NCDWQ No. 06-0522)
USAGE 404 Approval (Action ID #SAW-2006-154287-292)
$200 Application Fee to DWQ
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Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
PAYMENT
i. Processing ~~ - b52~-- ~~ RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details) check here: v^
6~~, n w F art ~r1
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II. Applicant Information ~ ~~ ~~ ~~~~~ -'~~ ~~ ~ ~ ~~~ ~~
~~ ~~~
j~~ ~, ~ 2001
1. Owner/Applicant Information
Name: Foxborou~h Crossing, Inc. `'~''~'"~ ~ ~'~'''~~~ ~'`'~~'`~Y
Mailing Address: Attn: Bob Doyle ti~~~r~&,~~ ~~~~ ~~~~~~~~~
PO Box 236
Knightdale, NC 27545
Telephone Number: 919-266-0679 Fax Number: 919-266-7561
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nicole Thomson
Company Affiliation:__ Soil & Environmental Consultants. PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: NThomsonnu,sandec.com
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Foxborough Crossings -Utility Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1783-18-5640 and 1783-08-4825
4. Location
County: Wake Nearest Town: Wendell
Subdivision name (include phase/lot number): Foxborough Crossings
Directions to site (include road numbers/names, landmarks, etc.): The project site is located
on the north side of Poole Road (SR 1007Lpproximately 3/ mile east of the intersection of
Rolesville Road (SR 1003) and Poole Road (SR 1007) southwest of Wendell. The northern
property boundary is Buffalo Creek.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7782 °N 78.3884 °W
6. Property size (acres): +/- 87 acres
7. Name of nearest receiving body of water: UT to Buffalo Creek f03-04-06; B,NSW 27-57-
16-(2)]
8. River Basin: Neuse 03020201
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:- The site is primarily in agriculture, however the areas
Page 2 of 9

immediately adiacent to the creeks and wetlands are Bottomland Hardwood Communities A
lame overhead utility line crosses through the property and crosses Buffalo Creek
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed proiect is for the installation of sewer and water utilities to serve a previously
approved subdivision as well as other surroundin properties Heav~quipment ty~icall~
used for sewer line construction will be employed for this~roject
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
utilities (sewer and water) for the approved subdivision Proposed impacts to jurisdictional
areas are needed in order to provide utilities to the entire property
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. On October 29, 2004, S&EC conducted a detailed wetland delineation
and Neuse River Buffer evaluation. On October 11 2004 and November 23 2004 Mr. Michael
Horan of the NCDWO conducted a site visit to verify the Neuse River Bufferes (NBRRO 04-
0345 and 04-0326).
On May 26, 2006 DWO issued a 401 approval for the Foxborough Crossings development
(DWO Proiect No. 06-0522). Additionally on July 24 2006 the USACE issued a 404 approval
for the above mentioned project Action ID SAW-2006-154287-2921
When the site elan was on finally approved by the Town of Wendell the applicant was only
required to construct the sewer connection within the approved subdivision (,previousl,~pproved
in 20061. It was anticipated that the Town of Wendell would be constructing the mainline
sewer. Since that time, the City of Raleigh has taken control of the utilities (water and sewer) in
Wendell. The Citv of Raleigh refused to build the necessary main line water and sewer
connection to the existin utility lines within the Foxborough development The Citv of Raleigh
is now reauirin~ the applicant to build these connections to service the previously approved
subdivision which is necessitating the temporary impacts to Buffalo Creek and surrounding_
Neuse Buffer. Furthermore the City of Raleigh will not allow the utilities to be suspended from
the existing bride over Buffalo Creek on Poole Road
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 3 of 9

No additional permits are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed temporary impacts
include 21 linear feet of important/perennial stream channel for sewer and water line
installation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
(es/no) (linear feet)

N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: +/- 15 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Im act (linear feet) (acres)

Impact #1 Buffalo Creek Temporary-utility perennial 30 21 0
0145
(temporary) line .
Total Stream Impact (by length and acreage) 21 0.0145
Page 4 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Im act (acres): 0.0145 (temporary)
Wetland Impact (acres): o
Open Water Impact (acres): o
Total Impact to Waters of the U.S. (acres) 0.0145 (temporary)
Total Stream Impact (linear feet): 21 (temporary)
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands or streams on this property
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The sewer and water lines are
needed on the west side of Buffalo Creek to provide service to FoxborouPh and the surrounding_
developments. The existin utility lines however currently exist on the east side of Buffalo
Page 5 of 9

Creek. Therefore, this temporary utility line crossing of Buffalo Creek is necessary to provide
sewer and water service from the east side to Foxborou~h and the surroundin dg evelopments on
the west side.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
h~://h2o.enr.state.nc.us/ncwetlands/strmgide html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No permanent impacts to perennial/important streams are proposed so no mitigation is
proposed. If mitigation is required payment to the NC-EEP is proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc us/wrp/index htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9

Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
utility f rnccina
Zone*
(s uare feet Multiplier Required
Miti ation
1 1,276 3 (2 for Catawba) N/A
2 834 LS N/A
Total 2,110 N/A
cone i extends out su teet perpendicular from the top of the near bank of channel; Zone 2 extends an
Page 7 of 9

additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Buffer miti>ation is not required because the only proposed riparian buffer impact is
considered an "exempt" activity.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.__NC DWO GC #3625 does not have a Stormwater
manaeement requirement so therefore none is~roposed
XII. Sewage Disposal (required by DWQ)
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 protect will tie into the City of Raleigh's sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We have reviewed the "DRAFT Internal Policy Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Programs" document prepared by the NC Division of Water
Quality on April 10 2004 version 2 1 The draft states that most residential subdivisions are
unlikely to cause cumulative impacts This residential project does not meet any of the three
criteria of private projects that can clearly result in cumulative impacts We anticipate that you
will advise us if a Qualitative or quantitative impact analysis is required
XV. Other Circumstances (Optional):
Page 8 of 9

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
f~ ~
t
'r' ' June l~1 2007
Applicant/ ent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Project No.
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souRCE: • 11010 Raven Ridge Rd.
Project Mgr. Drawn By: FOXBOROUGH CROSSING 8~ IRON CREST ~ leigh, NC 27614
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Prc,jc~c:t l\rtmt~/Dr:'scription; ,~XL~gRA~4/,~ Qtess~N~ SID Sd~I~C 1'mjc-rt # 9437
fate: 118 D(,s
1'I,e Uepartn,ent nF tlu* Arm~•
U.S. Army Corps of EnBis~eers, Wi[minlytcm 1?lstrlct
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1, the eulre~nt , ~ aw~leR, hereby desii~ate at~c1 autl-t]rize S,'-il ~1~ invirc']r]n,ent.~l Consultankv, I'E1 eci
act in m<< t,e..haif a5 m.~~ a,t~~nt In the prc~ccssiing of pr`rmil :~pp1i~AYlc~rtis,. to furnish u}?pt1 rFquc~st
su ~ 7lcmrnta.I infarn,atin]t v, sup~.,art of altptif`ahions, etc. Frozxt Phis do?~ f~rvtra~-d- 7'ha± __-- 13 'f!' L~I.a~' Cr(
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'i'hiis nofafic>:Ition supersFdr,?s any ~,,r~vxntxs ccirrospoate~c~~n~:e conrerninl; tt~~ ege:,t for ti~is ~?r~ojert
NpT[C;~,: 'l'~>Ils authoarixation, afor lialbt~ity and prv(essional courtesy rcasn><ts, as valfd only iFoz
8ovex~nment oCEirials to ent« Clue ~lroperty whcan accoa~paniad by S~fiC staff. Xou should call S&EC
to arrange a site meelirig prior ko vfsititr,g the aiiike.
i:3of.3 -~oyd~'
Print Ampcrtp Usvnex s Name
~'~ : Ms. C~~ndi Kamly
NLDrs,~1R - nwc~
227 Crahtree Sot~lt~vtlz~d
PrnperEy ()wrier' SiE;ttgtur~
c:c: 11.1s. Unhl,i.e Edwarcls
Soil & ~inui]'Unmentr~l Co~~suftants, 7'A
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Cnnrord. NC 2Sit125 381'7-]' Lxwni~:,]r T)ti~~t
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Fay. (7t1:1) _?0 4.i1(fi
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Fax. [phone]

OF W ATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
~O~ QG North Carolina Department of Environment and Natural Resources
r? r Alan W. Klimek, P.E. Director
> ~ Colleen H. Sullins, Deputy Director
~ -~' Division of Water Quality
February 2, 2005
NBRRO#04-0345
County: Wake
Sean Clark
S&EC
11010 Raven Ridge Road
Raleigh, NC 27614
Attn: Mr. Clark
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (i5A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Anneal Call
Project Name: Poole Rd. & Buffalo Creek
Location/Directions: Off of Poole Road in Wendell
Subject Stream: UT of Buffalo Creek
Date of Determination ~ 1(1/11 /(ld
Feature

C Start Buffer
GPS Points (if
rovided)
Not Sub'ect End Buffer Stream
Form Appeal
Call Located
on Soil
Survey
X Located on
USGS
Too a hic
X
Pond Not Sub'ect X X
B Subject X X
A Fla A 02 X X

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Raleigh Regional Office 1628 Mail Service Center hJ~bEP~t
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

S & EC, Sean Clark
Poole Rd. & Buffalo Creek Property
2/2/2005
Page 2 of 2
This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c% Cyndi Karoly, DWQ Wetlands/441 Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N. C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 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)-876-8441.
Respectfully,
vyl~ ~'~1~~"`--
Michael Horan
Environmental Spec. I
CC: File Copy
Central Files
DWQ 401 Stormwater/Wetlands Office
Wake County

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Soil & Environmental Consultants, PA
11010 Rawn RiEps Rd• Raleipt~ NC 27611
(919)8165900 • (919) 8169467
Web Pape: www.SanOEC.can
March 12, 2004
Wetland Sketch Map
Project Manager: Project Number:
Sean Ciark 9037.W1
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scar°~ Poole Road/
,-=200• Buffalo(e?)Creek
PrePar°d by: Wake Co. NC
James Dasher

F WAIF
O~~ 9QG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
~ i~ ~
~ 'C Alan W. Klimek, P.E. Director
IfV Division of Water Quality
_..,~
May 26, 2006
DWQ Project # 06-0522
e e II ake County
6 ~ E 1 V
Mr. Bob Doyle
Foxborough Crossing, Inc. MAY 3 ~ 2006
P.O. Box 236
Knightdale, NC 27545 8y: Soil 6 Emiroomental Consultants. PA
Subject Property: Foxborough Crossings
Ut to Buffalo Creek [030406, 27-57-16-(2), B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Doyle:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.533 acres of wetland (0.046 acres permanent impacts, 0.487 acres temporary
impacts), 92 linear feet of intermittent stream, and 1,252 square feet (ftZ) of protected Zone 1 Neuse River
basin riparian buffer and 1,078 square feet (ft2) of protected Zone 2 Neuse River basin riparian buffer to
construct the proposed residential subdivision, as described within your application dated March 27,
2006, and received by the N.C. Division of Water Quality (DWQ) on March 27, 2006. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use Nationwide
Permit(s) NW 12 and NW39, respectively, when issued by the US Army Corps of Engineers (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, 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
NonehCarolina
401 OversighUExpress Review Permits Unit ~atura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: httg://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Foxborough Crossings, Inc.
Page 2 of 3
May 26, 2006
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:
Amount A roved (Units) Plan Location or Reference
404/Wetland 0.533 (acres) - (0.046 acres permanent impacts, 0.487 acres
tem ora im acts) PCN page 4 of 9
Stream -
Intermittent 92 (linear feet) - (72 linear feet permanent impacts, 20 linear
feet tem orar im acts) PCN page 4 of 9
Buffer -Zone 1 1,252 (s uare feet) PCN a e 7 of 9
Buffer -Zone 2 1,078 (s uare feet) PCN a e 7 of 9
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not

Foxborough Crossings, Inc.
Page 3 of 3
May 26, 2006
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office;
Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
8. Construction stormwater Permit NCGO10000
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
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr.state. nc. us/su/Forms Documents, htm. ;
9. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
disequilibrium 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.

Foxborough Crossings, Inc.
Page 4 of 3
May 26, 2006
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 LAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings; 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. -This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
AWK/~m
Enclosures: GC 3374 and GC 3402
Certificate of Completion
Si cerely,
i ~~`
Alan W. Klimek, P.E.
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060522FoxboroughCross ings(W ake)401_NBR

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ~`~" F.s '`~' "~ „
Action ID. SAW-2006-154287 -a9a County: Wake USGS Quad: Kni hg_tdale
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Bob Doyle
Address: Foxborough Crossing, Inc
PO Box 236
Knightdale, NC 27545
v
D
JUL 2 5 2006
8y: $oil S Emirormnental Corrsu{tants. PA
Telephone No.: 919-266-0679
Size and location of property (water body, road name/number, town, etc.): The proiect site is located on the north side
of Polle Road (SR 1007), approximately 3/4 mile east of its intersection with Rolesville Road (SR 1003), southwest
of Wendell, in Wake County, NC. .
Description of projects area and activity: This permit authorizes the permanent impact of 0.046 acres of wetland, and 72
linear feet of stream under Nation Wide Permit 39. This permit also authorizes the temporary impact of .487 acres of
wetland, and 20 linear feet of stream under Nation Wide Permit 12.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12, 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Thomas Brown at [phone] x22.
Corps Regulatory Offici~E'_~~ ~ v " Date: July 24, 2006
Expiration Date of Verification: Marc 007
Page 1 of 3

Copy Furnished:
Sean Clark
S&EC
11010 Raven Ridge Road
Raleigh, NC 27614
Page 2 of 3