20061160 Ver 3_401 Application_20130613

I/
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
(910) 256 -9277
FAX [phone]
T0: NC Division of Water Quality — 4o1 Wetlands Unit
512 N. Salisbury Street; 91" Floor
Raleigh, NC 276o4
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
3
LETTER OLD T ° ° NSSM MALE
DATE 6/3/iL3
I JOB NO. 02061 8.10
AT ENTION
Ms. Karen Higgins
PHONE s
1 -80 -6 6
R° Gre stone — Phase SF-5B
01 WQC Request for NWP 12
02o61438.iO
NWP 12 PCN
1
6/3/13
02o61 8.10
❑ Under separate cover via _
❑ Plans ❑ Samples
❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
�}
6/3/13
02o61438.iO
NWP 12 PCN
1
6/3/13
02o61 8.10
CD of PCN
1
6/3/13
02o61 8.10
Check for $24o Application Fee
THESE ARE TRANSMITTED as checked below:
® 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
COPY T0: File SIGNED: Troy Beasley
/fenc%suwes am not as noted, kindly notify as at once.

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0(0 - 116 L):�-3
WITHERS &RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
r
June 3, 2013
NC- Division of Water Quality
401 Wetlands Unit
Attn: Ms. Karen Higgins
1650 Mail Service Center.
Raleigh, North Carolina 27699
Re: Greystone Subdivision - Phase SF -56
Previous DWQ Project #o6 -116o
Previous Corps AID SAW -2005 -20207 -292
W &R Project #02o61438.10
Dear Ms. Higgins,
On behalf of M/I homes of Raleigh, LLC, we are requesting a 401 WQC for 23 If of temporary stream
impacts associated with the construction of a sewer line to service Phase SF -513 of the existing
Greystone Subdivision. Please note that the proposed 23 if of temporary stream impacts is
authorized under a non - reporting NWP 12, as documented in an email, dated 5/23/13, from Dave
Shaeffer with the Corps, which has been provided as an Appendix.
Phase SF -513 is ±7.43 acres in size and is located within the existing Greystone Subdivision, which is
located southeast of the intersection of Green Level Church Road and Morrisville Parkway in Cary,
Wake County. Phase SF -56 is specifically located south of the terminus of Greyhome Way (Latitude:
35.8o1897 °N; Longitude: - 78.90365 °W) in the Greystone Subdivision. The project is located in the
Cape Fear /Jordan Lake basin and onsite waters drain to White Oak Creek. The Water Quality
Classification for White Oak Creek is WS- IV;NSW and the Stream Index Number is: 16- 41- 6(o.7). The
cataloging unit for this site is 03030002.
Project History
The Greystone Subdivision was issued a Corps 404 Permit (AID SAW -2005 -20207 -292) and DWQ 401
WQC (DWQ Project #o6 -116o) in 2oo6 for the entire Greystone Subdivision. However, Phase SF -56
was not constructed prior to the expiration of the permits in 2oo8. The construction of Phase SF56
will result in 23 If of temporary stream impacts for construction of a sewer line. The 23 if of
temporary stream impacts will be authorized by the Corps through a non - reporting NWP 12, as
documented in an email from David Shaeffer with the Corps dated 5/21/13. A copy of the email from
the Corps has been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 23 If of temporary stream impacts for construction of the sewer line
to service Phase SF -5B.
1410 Commonwealth Drive i Suite 1011 Wilmington, NC 28403 I tel: [phone] fax: [phone]t8� UN — 4 20113
www.withersravenel.com I License No. C -0832

N
WITHERS &R"ENEL
ENGINEERS I PLANNERS I SURVEYORS
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
The proposed impacts have been minimized to only those necessary for construction of a sewer line
to service Phase SF -56. An aerial sewer crossing has been utilized for the western stream /wetland
crossing to avoid impacts to these features.
Mitigation
Because the proposed stream impacts are temporary and less than 150 If, no mitigation is proposed.
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad & Wake County Soil Survey
• Email from Corps on NWP 12
• Previous 401 WQC
• Previous 404 Permit
• Impact Exhibits
WITHERS & RAVENEL Page 2 of 2
ENGINEERS I PLANNERS I SURVEYORS

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification CN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
❑Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number. NWP 12 or General Permit (GP) number.
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Greystone SF -56
2b. County:
Wake County
2c. Nearest municipality / town:
Cary
2d. Subdivision name:
Greystone
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
M/I Homes of Raleigh, LLC
3b. Deed Book and Page No.
DB: 11367; Page: 1744
3c. Responsible Party (for LLC if
applicable):
Jeremy Medlin
3d. Street address:
1511 Sunday Drive, Suite 100
3e. City, state, zip:
Raleigh, NC 27607
3f. Telephone no.:
919 - 291 -3819
3g. Fax no.:
3h. Email address:
jmedlin @MIHOMES.com
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version

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

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN 0724861964
1b. Site coordinates (in decimal degrees):
Latitude: 35.801897 °N Longitude: - 78.90365 °W
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
17.43 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
White Oak Creek - Stream Index: 161- 6(0.7)
2b. Water Quality Classification of nearest receiving water.
WS- IV;NSW
2c. River basin:
Cape Fear /Jordan Lake - HUC 03030002
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site currently consists of undeveloped woodlands within the existing Greystone Subdivision. The general land
use in the vicinity of the project consists of residential development.
3b. List the total estimated acreage of all existing wetlands on the property:
±0.03 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±515 If
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct Phase SF -56 of the Greystone Subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of 14 residential lots and associated infrastructure such as roads, utilities and
stormwater management.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes ❑ No ED Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Approval of the onsite wetlands and streams was issued in conjunction with issuance of the previous Corps 404 (AID
SAW- 2005 - 20207 -292) for the entire Greystone Subdivision in 2006. The delineation has since expired, but W&R has
reviewed the previous wetland delineation and confirmed that it is still accurate.
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A Corps 404 permit (AID SAW- 2005- 20207 -292) and DWQ 401 WQC (DWQ Project #06 -1160) was issued for the entire
Greystone Subdivision in 2006. Phase SF -5B was not constructed prior to the expiration of the permits. The impacts
from the sewer construction will be authorized under a non - notifying NWP 12, as documented in the enclosed email from
the Corps of Engineers dated 5/21/13.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ® Yes ❑ No
6b. If yes, a )plain.
The Greystone Subdivision has been previously constructed in phases.
Page 4 of 10
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Impact #2
Sewer
UT to White Oak
❑ PER
® Corps
4'
23 If
❑ P ® T
Construction
Creek
® INT
® DWQ
3h. Total stream and
tributary impacts
23 If
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑ PEI T
03 ❑P ❑T
04 ❑ PC] T
4E Total open water impacts
4g. Comments:
Page 5 of 10
PCN Form — Version 1.3 December 10, 2008 Version

S. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ® Other. Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts will be permitted through the Town of Cary.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts have been limited to those necessary for construction of the sewer line. There will be no impacts as a result of
construction of the lots or roads.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
An aerial crossing has been utilized to avoid impacts to wetlands and streams at the western sewer crossing.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
S. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Page 7 of 10
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow requirements will be reviewed by the Town of Cary during
❑ Yes ® No
approval of the stormwater management plan.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
30.9%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater management plan consists of a wet detention pond. The stormwater management plan is being
reviewed by the Town of Cary.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Town of Cary
® Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
The stormwater management plan is currently being reviewed by the Town of Cary. A
copy of the approval will be provided to DWQ upon issuance.
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federaUstate/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project consists of construction of Phase SF -513 of the existing Greystone Subdivision. Phase SF -513 was
previously permitted as part of the overall Greystone Subdivision, and will not be a catalyst for future development that
could impact downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Town of Cary sanitary sewer.
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑ No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Troy Beasley — Authorized Agent
Withers & Ravenel
6/3/13
Date
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only N an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION

WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
The undersigned Owner MR Homes (Client) does hereby appoint Troy Beasley / Withers &
Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the
jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers,
etc.) and/or; b) preparation and submittal of appropriate environmental permit
applications/requests for the Greys a SF-SB profs&
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applicallons and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Date: L �
Agent's Name, Address & Telephone: S!L",re of Client:
Troy Beasley Withers & Ravenel. Inc.
e- TA
1410 Commonwealth Drive. Suite 101
Wilminaton. NC 28403 ure) c
Tel. [phone] l < � • >ur C �
Mailing Address
f &_t- F &C � n)k'-
city State Zip
Phone: tom) 5-1
All
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenet.com I Ucense No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

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GREYSTONE - SF -5B WAKE CO. SOIL SURVEY - SHEET 45 WITHERS RAVENEL
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'II

EMAIL FROM CORPS ON NWP 12

Beasley, Troy
From: Shaeffer, David L SAW [David. L.Shaeffer @usace.army.mill
Sent: Tuesday, May 21, 2013 10:59 AM
To: Beasley, Troy
Subject: RE: Greystone - SF -513 - Request for Confirmation of Authorization under non - reporting NWP
12 (SAW- 2005 - 20207 -292) (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Hi Troy,
If the all of the currently proposed work fits the language and conditions of NWP 12 and does
not trigger a notification then you can use the non - notifying NWP 12.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: 919 - 562 -0421
- - - -- Original Message---- -
From: Beasley, Troy ( mailto :TBeasley(@withersravenel.com]
Sent: Monday, May 20, 2013 9:36 AM
To: Shaeffer, David L SAW
Subject: Greystone - SF -5B - Request for Confirmation of
NWP 12 (SAW- 2005- 20207 -292)
Dave,
Authorization under non - reporting
The Greystone subdivision project was permitted in 2006 under AID #SAW- 2005 - 20207 -292. I
have attached a copy of the previous 404 permit. Phase SF -5B was never constructed, but the
developer is ready to move forward with this phase. Part of construction of Phase SF -58
requires construction of a sewer line connecting to the sewer in the existing phases of the
Greystone subdivision to the sewer line in the Holland Farm subdivision of the south. The
construction of the sewer will require ±23 if of temporary impacts to an intermittent stream.
An aerial sewer crossing has been designed to avoid impacts to a stream and wetland at the
second sewer crossing. There are no impacts associated with the construction of the lots and
road within SF -513. I have attached the impact plans to this email.
As a standalone project, phase SF -56 would be authorized under a non - reporting NWP 12 for the
23 if of temporary stream impacts for the sewer crossing. But I wanted to get guidance from
you to determine if the impacts from Phase SF -56 would be authorized under a non - reporting
NWP 12, or if it would require a NWP 29 since it is part of a larger subdivision. If a NWP
29 is required, I will submit a PCN.
Thanks for your help.
1

R
Troy Beasley
Withers & Ravenel
1410 Commonwealth Drive, Unit 101 1 Wilmington, NC 28403
Phone: [phone] Fax: [phone]
Direct: 910.509.6512 Mobile: [phone] tbeasley(@withersravenel.com
www.withersravenel.com <http: / /www.withersravenel.com>
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2

PREVIOUS 401 WQC

Mr. Jeremy Medlin
M/I Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
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
October 3, 2006 41�Ve Project # 06 -1160
F
Wake County
hers 100,
Subject Property: Greystone Subdivision
Ut to Panther Creek [030605, 16- 41- 1 -17 -3, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Medlin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.387 acres of wetland (0.267 acres permanent impacts, 0.12 acres temporary
impacts), and 274 linear feet of stream (136 linear feet permanent, perennial stream impacts, 138 linear
feet temporary, perennial stream impacts) at the subject property, as described within your application
dated July 17, 2006, and received by the N.C. Division of Water Quality (DWQ) on July 17, 2006, with
additional information received on August 4, 2006, September 7, 2006 and October 2, 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
(USACE). In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non - discharge, and other regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
N°1e Caro ' a
401 Over4htlExpress Review Pemdta Unit
1650 Md Service Center, Raleph, North Carolina 27601650
2321 Crabtree Boularard, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -17861 FAX 919-733-M / Internet: httoM2o .enr.state.nc.us /ncwmlonds
A. c... �A nn.u.6....9..1A a- .. -a... A..66,.. e..,..1 —, CM D.. .. A..AM1101. 0...4 11.......rwn. D.—

"t
M/I Homes
Page 2 of 4
October 3, 2006
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters 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. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure comphanev for fidure
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.ustncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
Amount Approved nits
Plan Location or Reference
404/Wetland
0.387 [(acres) 0.267 acres permanent
PCN page 4 of 9
impacts, 0.12 acres temporary
impacts]
Stream - perennial
274 [(linear feet) 136 linear feet
PCN page 4 of 9
permanent, perennial stream impacts,
138 linear feet temporary, perennial
stream impacts]
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters 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. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure comphanev for fidure
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.ustncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;

M/I Homes
Page 3 of 4
October 3, 2006
7. 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 ha .-Ah2o.enr.state.nc.us /su/Forms Documents.htm.;
8. 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.
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 Certficate of Completionform.

M/I Homes .i
Page 4 of 4
October 3, 2006
Certificate of Completion:
9. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
if you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919- 733 -1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919- 791 -4200.
Sincerely,
Alan W. Klimek, P.E. (J
AWK/ym
Enclosures: GC3374 and GC3402
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel,111 MacKenan Drive, Cary, NC 27511
Filename: 0611600reysooneSD(Wake)101

PREVIOUS CORPS 404 PERMIT
--a ; .

U.S. ARMY CORPS OF ENGINEERS
WMNIINGTON DISTRICT
Action ID. SAW - 2005 - 20207 -292 County: Wake USGS Quad: GreeyLev_el
(formerly 2006 -20207 -292)
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERMCATION
Property Owner / Authorized Agent: Mlii Homes
Address: Attn: Jeremy Medlin
1500 Spndav Drive. Suite 113
Raleigb„ NortbyCare ina 27607
Telephone No.: 919 - 829-1106
Size and location of property (water body, road name/number, town, etc.): The project site is located at the intersection
of Green Leve to Dacha Road and G-x-mn-,-1gmJ ChurcL11 Road near Cary. Wake County. North Carolina and is
identified as Gmygone SubdlvWn— ASpatic featgr o sited ai to Panthe Creek i< the Cane Fear River Basin.
Description of projects area and activity: This permit veriflcation allows for permanent impacts to 0.267 -acre of
inrisdictional wetlands and 136 linear feet of perenn�a�.gtream�aad_te naran► impacts to %J2Mcm of
iurisdictional wetlands and 138 linear feet of perennial stream durfne the construction of a residential subdivision.
1Vlkt1eation is plied for the permanent impacts to inrisdictional wetlands (see Permit Conditions 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. 12 and 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 too 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 E*weers regulatory
program, please contact Monte Matthews.
Permit Conditions:
(1) In order to coxrrpensate for impacts to 0.267 acre of riparian wetlands the permittee 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 0.25
age's_ of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030004.
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
agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department
Page 1 of 2

-2-
of Environment and Natural Resources and the United States Army Corps of 8n&ew,% Wilmington District, dated November 4,
1998.
"Note: Habitat type may be described as found in Sehafale and Weakley, Classification of the Natural Communities
of North Carolina, Third Approximation, 1990; or in accordance with Cowardia. et at (1979). Classification of Wetlands and
Deepwater habitats of the of the United States"
(2) Please reference your email (from Todd Preuninger, authorized agent) dated November 30, 2006, concerning the necessary
language for the conservation declaration governing the preservation area as required as mitigation for the proposed impacts. We (the
Corps of Engineers) agree with the language within the November 30.2006, email and require the following permit condition
(pertaining to the conservation declaration):
- Permiw shall execute and cause to be recorded in the Wake County Register of Deeds the owscmdon
declaration as described in your email (via Todd Preuninger, Withers and Ravenel, authorized agent) dated November 30,
2006, for the purpose of maintaining the coviservaticm declaration, as shown on the recorded plat (properly recorded and
showing preservation areas), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property
within the subdivision. The pamittee shall enforce the terms of the conservation declaration and, prior to conveyance of the
property, shall take no action on the property described in the declaration inconsistent with the terms thereof. The permittee
shall provide a copy of the recorded conservation declaration to the Corps of Engineers within 30 days of recording.
(3) The area proposed for wetland enhancement will be completed as detailed in the plan dated 10/10/2006 from Withers and Ravenel
- authorized agents for this project The enhancement area will be subject to compliance inspections, and if determined that the
enhancement is not successful via low plant survival rat m replanting may be necessary.
Corps Re atary Official: Monte Matthews +�J� Date: Decembe 2006
�P �1L - -
Expiration Date of Verification: March 18, 200
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 Fumished:
Withers and Ravenei
Attu: Mr. Todd Preuninger
111 MacKenan Drive
Cary, NC 27511

IMPACT EXHIBITS

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RTO 2081438.1 TOWN OF CARY WAKE COUNTY NORTH CAROUNA I tal: 919 -400-3340 rw.rithereravenel.coe License No. C-08W