20061945 Ver 2_401 Application_20070607

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ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
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THESE ARE TRANSMITTED as checked below: ... l
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[~ For approval ^ Approved as submitted ^ Resubmit copies for approval
^ For your use ^ Approved as noted ^ Submit copies for distribution
^ As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment ^
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US
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COPY TO: ~1~ SIGNED:
if enclosures are not as noted, kindly notify us at once.

WITHERS ~ RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
June i5, 2007
NC-Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604
V 2- ~aa~ i9ys
Re: Edgemont Landing
Request for Buffer Compliance
Wendell, Wake County, North Carolina
W & R Project #: 02060237.00
Dear Ms. Karoly,
On behalf of D.R. Horton, we are requesting Buffer Compliance from the NC-DWQ for
the construction of a gazebo and boardwalk that will impact 199 SF of Zone 1 and 23
SF of Zone 2 of the Neuse Riparian Buffer.
The subject property is approximately io5 acres in size and is located 220o feet
north of the intersection Edgemont Rd (SR 2300) and NC Hwy 97 (Latitude:
35.8o8i668°N and Longitude: 78.4005924°W) in Wendell, Wake County, North
Carolina. Buffalo Creek flows along the western property boundary. The Water
Quality Classification for these features is "B-NSW". The Stream Index Number is 27-
57-16-(2) and the Hydrologic Unit Code is 03020201. Wetlands on site consist of a
Cypress Swamp within the floodplain of Buffalo Creek, headwater forest wetlands
within the drainage way of Features B and C, and a beaver impoundment along
Feature E.
Project History
On May i5`h and i6`h 2006, Withers & Ravenel conducted a detailed wetland
delineation and Riparian Buffer Evaluation on the Edgemont Tract. On May 23, 2006,
the NC-DWQ issued a Buffer Determination letter for stream channels located on the
subject property (DWQ Project # NBRRO o6-123). On November 28`h, 2006, Mr. Jamie
Shern of the USACE conducted a site visit to verify our delineation. We requested,
and received, 404/401 approval for impacts associated with the construction of a
residential development and repairs to an existing dam (AID # SAW-2007-1102-292,
DWQ Project # 06-1945)• The approvals authorized 178LF of stream channel impact,
.o4lacres of wetland fill and 0.31 acres of riparian buffer impact.
Avoidance and Minimization
In orderto minimize impacts to the buffer and reduce impervious surface, the
applicant proposes a mulched trail the will lead to the gazebo, rather than asphalt.
iii MacKenan Drive i Cary, NC z75ii i tel: [phone] i fax: [phone] i www.withersravenel.com
7040 Wrightsville Avenue i Suite 101 i Wilmington, NC z84o3 i tel: 9io.z56.9z77 i fax: 91o.z56•z584
1oz7 Sabbath Home Rd, SW i Supply, NC z846z i tel: 91o.84z•939z i fax: 91o.84z.8o19

The only impacts to the buffer consist of: 23 SF Zone 2 and 199SF Zone 1, so that a
raised boardwalk can be built out to the gazebo. This activity is an allowable use
that requires prior approval, therefore; no mitigation is proposed for the impacts.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
...~--->
r .-
Todd Preuninger
Director of Wetland and Biological Services
Attachments -
1) USGS Quadrangle Map
2) Wake County Soil Survey Map
3) Site Plans
4) PCN
5) Agent Authorization
6) 404/401 Approval letters

lla - ~~od .9vs
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".)
I. Processing
303
1. Check all of the approvals} 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:
NA
3. 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 I~,remer~,.,Area of
Environmental Concern (see the top of page 2 for further details), check ~i~r~~-; ^ , ~`~ i `,`~ ~ ~'~ `~,~
ka = .. yy~~ ,
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II. Applicant Information

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Owner/Applicant Information ,er ~ ~f ~t;;, ~, ~,,~ tip,. ~
Name: D.R. Horton, Attn: Scott Morrison ~~~ t~rF~'~CH
Mailing Address: 2000 Center Parkway Suite 110 Morrisville, NC 27560
Telephone Number: 919-460-2995 Fax Number: 919-469-5406
E-mail Address: dsmorrison(a~drhorton.com
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: Todd Preuninger
Company Affiliation: Withers and Ravenel Inc.
Mailing Address: 111 MacKenan Drive
Cary NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: tpreuninger(a~withersravenel.com
Page 1 of 8

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: Edgemont Landing Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
NA
3. Property Identification Number (Tax PIN): 1774595738 1774598243, 1774681713,
1774793265 1774793776
4. Location
County: Wake Nearest Town: Wendell
Subdivision name (include phase/lot number): Edgemont Landing
Directions to site (include road numbers/names, landmarks, etc.): The site is located 2200
feet north of the intersection Edgemont Rd (SR 2300) and NC Hwy 97.
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): 35.8081668 °N 78.4005924 °W
6. Property size (acres): 105 Acres
7. Name of nearest receiving body of water: Buffalo
8. River Basin: Neuse
(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 currently being_~raded to install the
infrastructure Adjacent land use if a mix of residential homes and farm land.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of a gazebo and walkway over a pond. A
boring~rig will be used to install the footings or they will be driven into the ground.
11. Explain the purpose of the proposed work: The project is intended as a recreational amenity
and pedestrian path for the residents of the subdivision.
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 May 15th and 16th 2006 Withers & Ravenel conducted a detailed
wetland delineation and Riparian Buffer Evaluation on the Edgemont Tract. On May 23, 2006,
the NC-DWQ issued a Buffer Determination letter for streams channels located on the subiect
property~DW4 Project # NBRRO 06-123). On November 28th 2006, Mr. Jamie Shern of the
USACE conducted a site visit to verify our delineation. On February 3 2007, the USACE issued
404 verification (AID #SAW-2007-1102-292) for the following impacts associated with the
construction of a residential development and r~airs to an existing dam: 178LF of stream
channel and 041acres of wetland impacts. On March 19th 2007 NC-DWQ issued 401 Approval
DWQ Project # 06-1945) for the placement of fill in: 0.0413 acres of wetlands 178 linear feet
of perennial stream 7 527 SF Zone 1, and 5,871 SF Zone 2.
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.
None anticipated
V. 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
Page 3 of 8

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.
Provide a written description of the proposed impacts: No impacts to wetlands or stream
channels are proposed for this project Impacts to the riparian buffer consist of 0.005 acres
(Zone 2. 23 SF Zone 1.199 SF) for the construction of the gazebo and walkway.
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

(indicate on
Type of Impact
(e.g., forested, marsh, 100-year
Flood lain
p Nearest
Stream Impact
acres
( )
map) herbaceous, bog, etc.) (yes/no) (linear feet)
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
1. List the total acreage (estimated) of all existing wetlands on the property: <0.5 acres
2. 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 Average Impact area of
Number Stream Name Type of Impact or Stream Length Impact
(indicate on Intermittent Width Before (linear (acres)
map) ? Impact feet)
NA NA NA NA NA NA NA
NA
3. 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 .. v Type of Waterbody Area of
Impact Name of Waterbody Type of Impact (lake, pond, estuary, sound, Impact
Site Number (if applicable)
bay, ocean, etc.)
(acres)
(indicate on map)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 4 of 8

4. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): NA
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) NA
Total Stream Impact (linear feet): NA
5. 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.
6. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be 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. Prior to site plan development,
the applicant. requested that a detailed wetland delineation be conducted so that impacts to
wetlands and `waters' could be minimized. No wetland or stream impacts are proposed for this
project. The proposed gazebo and walkway were designed to minimize impacts to the riparian
buffer and reduce impervious surface, by utilizing a mulched trail that will lead to the gazebo
rather than asphalt.
VII. 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.
Page 5 of 8

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
http://h2o.enr.state.nc.us/ncwetlands/strni~ide.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.
Because no wetland or stream impacts are proposed for this project, we do not believe that
mitigation should be required.
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:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 6 of 8

VIII. 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 ^
IX. 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 )? 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.
Impact 1
Zone* Impact
(s uare feet) Multiplier Required
Mitigation
1 199 3 (2 for NA
2 23 1.5 NA
Total 222
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. NA
Page 7 of 8

X. 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. NA. The proposed project is a pedestrian path
and gazebo The Stormwater management plan was reviewed when we requested 401
certification for the stream/wetland impacts.
XI. 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.
Sanitary Sewer
XII. 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
XIII. 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 do
not believe that this protect will impact downstream water quality or result in additional
development In order to protect water qualm the applicant will employ BMP's during
construction to prevent sediment from entering jurisdictional waters.
XIV. Other Circumstances (Optional):
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).
NA __
S
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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DEC. 20. 2006 9:15AM D. R. NORTON-RALEIGH
W1T1-~i EIS
NO. 7827 P. 2
.~
~~ RAV ~ hJ E L
ENGINEERS I PLIkNNERS I 5URVEYORS
Site Access/Agent Authorization Form
Project Name:
Property Owner/Contract Purchaser:
D•R•HURT~N
~~~
Scott Morrison
Land Acquisitions Manager
2000~terial Center Pm~kway • Suite 110 • Morrisville, NC?IS60
Phone: [phone] • Fax: (419J 469-.1406
Mo6i1e.~ [phone] • Nextel: 26'31510
Email; [e-mail] • www.drhorton.com
Email:
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act an my behalf as my agent when conducting site meetings and/or
correspondence {i.e. permit applications etc.) with the USACE and the NC -Division
of Water Quality, if necessary.
Property0wner:~.s•NioTc~~Sp~ Date: Z Zo
(Print Name)
{Signature)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-1102-292 County: Wake USGS Quad: Knightdale
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: D.R. Horton
Address: Attn: Scott Morrison
2000 Center Parkway, Suite 110
Morrisville, North Carolina 27560
Telephone No.: 919-460-2995
Size and location of property (water body, road name/number, town, etc.): The project site is located approximate]
2200 feet north of the intersection of Ed~emont Road and NC H~ 97, near Wendell, Wake County, North
Carolina. The project is identified as E~emontLandin~. Aquatic features on site drain to Buffalo Creek in the
Neuse River Basin.
Description of projects area and activity: This permit verification allows for 178 linear feet of permanent stream
channel impacts and 0.041-acre of permanent wetland impacts associated with the construction of a residential
subdivision and repairs to an existing dam. Mitigation is reauired for the permanent impacts to streams (see
below .
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: 39 and 33
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 fo 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 regazding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Sheen or Monte Matthews.
Permit Conditions:
1. In order to compensate for impacts to 178 linear feet of warm water stream, the pennittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration
of 1781inear feet of warm water stream in the Neuse River Basin, Cataloging Unit 03020201.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and
provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it
Page 1 of 2

-2-
agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4,
1998.
**Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of
Wetlands and Deepwater Habitats of the of the United States**
Corps Regulatory Official: Morite Matthews a•.~ a~~
Expiration Date of Verification: March 18, 2007
Date: Permit issued via
statutory rectuirements on
February 3.2007
Page 2 of 2

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Drive
Cary, North Carolina 27511

~Q~ WATF,9Q Michael P. Easley, Governor
~~ G William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
p -~ Alan W. Klimek, P.E. Director
Division of Water Qualiry
March 19, 2007
hE~E~'~r~Project # 06-1945
Cl Wake County
MAR 2 3 TOOT
Mr. Scott Morrison ~Jther
D.R. Horton s ~ R~~e~ea'
2000 Center Parkway Drive, Suite 110
Morrisville, NC 27560
Subject Property: Edgemont Landing Subdivision, Phase 1
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. Morrison:
You. have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.0413 acres of wetland, 1781inear feet of perennial stream,
7,529 square feet (ft2) of Zone 1 Neuse River basin protected riparian buffers and 5,871 square
feet (ft2) of Zone 2 Neuse River basin protected riparian buffers to construct the proposed
residential subdivision, as described within your revised application dated February 27, 2007 and
received by the N.C. Division of Water Quality (DWQ) on February 26, 2007. A$er reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide
Permit(s) 29 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, and Non-discharge regulations. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 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 1 SO 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.
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] l FAX [phone] ! Internet: http://h2o.enr. state. nc. us/ncwet lands
Noe Carolina
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D.R. Horton -_
Page 2 of 5
March 19, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved Units Reference
404/Wetland 0.0413 acres PCN a e 4 of 9
Stream - erennial 178 linear feet PCN a e 4 of 9
Buffer -Zone 1 7,529 s uare ft.) PCN a e 7 of 9
Buffer -Zone 2 5,871 s uare ft. PCN age 7 of 9
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Diffuse Flow
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 1SA NCAC 2B .0233 (S). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

D.R. Horton _-_
Page 3 of 5
March 19, 2007
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 15A NCAC 2B 33 and GC 3402.
Mitigation:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 178 (linear feet Neuse/03020201
6. 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.
7. 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,

D.R. Horton -_
Page 4 of 5
March 19, 2007
the appropriate stream grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,
adjacent to or upstream and down stream of the above structures. The applicant is required to
provide evidence that the equilibrium shall be maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion
of the prof ect. Please send photographs upstream and downstream of each culvert site to
document correct installation along with the Certificate of Completion form.
8. 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.
9. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement) .shall be submitted to the 401 Oversight and Express Permitting
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of
the 401 Water Quality Certification. The stormwater management plans shall be approved in

D.R. Horton
Page 5 of 5
March 19, 2007
writing by this Office before the impacts specified in this Certification occur per Condition
No. in GC No. 3402. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program,
remember to include the appropriate fee with the plan. Site-specific stormwater management
shall be designed to remove 85% TSS according to the latest version of DWQ's stormwater
Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS),
trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW}, the
Division shall require that extended detention wetlands, bio-retention areas, and ponds
followed by forested filter strips (designed according to latest version of the NCDENR
stormwater Best Management Practices Manual) be constructed as part of the stormwater
management plan when asite-specific stormwater management plan is required.
Alternative designs may be requested by the applicant and will be reviewed on a case- by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing
state stormwater programs including appropriate local programs are sufficient to satisfy this
Condition as long as the stormwater management plans meet or exceed the design
requirements specified in this condition. This condition applies unless more stringent
requirements are in effect from other state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur. The facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the
subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
10. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.

D.R. Horton
Page 6 of 5
March 19, 2007
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-
1786.
AWK/ijm
Since y
Alan W. Klimek, P.E.
Enclosures: GC 3631
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename; 061945EdgemontLanding(Wake~101_NBR

o~~~ wAT ~9p~
r
~_ ~
~ Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Scott Morrison and D.R. Horton have permission as outlined below to fill
or otherwise impact 0.0413 acres of wetland, 178 linear feet of perennial stream, 7,529 square feet (flz) of Zone 1
Neuse River basin protected riparian buffers and 5,871 square feet (ft~) of Zone 2 Neuse River basin protected
riparian buffers to construct the proposed residential subdivision which is located north of the intersection of
Edgemont Road and NC Highway 97, near Wendell, in Wake County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061945
LOCATION: Near Wendell
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions ofthis Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti anon
178 Linear feet of Stream 178 Linear feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
ofthis form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 OvetsightBxpress Review Permitting Unit /,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: http://www.ncwaterquality.org
Filename: 061945EdgemontLandingSD(Wake~01_EEP
No ` Carolina
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