20211276 Ver 1_ePCN Application_20210824

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211276
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Sunset Lake Sediment Removal and Shoreline Stabilization Project
la. Who is the Primary Contact?*
John Sutherland
1b. Primary Contact Email:*
[e-mail]
Date Submitted
8/24/2021
Nearest Body of Water
Sunset Lake (Middle Creek arm)
Basin
Neuse
Water Classification
B; NSW
Site Coordinates
Latitude: Longitude:
35.6511 78.7948
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Mitchell Anderson:eads\mlanderson
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
Version
Pre -fling Meeting or Request Date
7/20/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
50.15KB
f 401 Water Quality Certification - E>q)ress
V Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Sunset Lake Homeowners Associaton
2b. Deed book and page no.:
005303-00116
2c.Contact Person:
Don Ducey
r Yes r No
r Yes r No

2d.Address
Street Address
5664 Sunset Lake Road
Address Line 2
City
Holly Springs
Postal / Zip Code
27540
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Greg Stewart
4b. Business Name:
Alfred Benesch & Company
4c.Address
Street Address
8000 Regency Parkway, Suite 175
Address Line 2
City
Cary
Postal / Zip Code
27518
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
Sunset Lake Village, a part of the Sunset Lake HOA
1c. Nearest municipality/ town:
Folly Springs
2. Project Identification
2a. Property Identification Number:
0669321278
2c. Project Address
Street Address
5664 Sunset Lake Road
Address Line 2
aty
Folly Springs
Postal / Zip Code
27540
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Sunset Lake (Middle Creek arm)
3b. Water Resources Classification of nearest receiving water:*
B; NSW
3c. What river basin(s) is your project located in?*
Neuse
State / Province / Ibgion
North Carolina
Country
USA
2f. Fax Number:
State / Province / Ifgion
NC
Country
USA
4e. Fax Number:
2b. Property size:
159
State / Province / legion
North Carolina
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
030202010901
4. Project Description and History
4a. 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 site is in and adjacent to the Middle Creek arm of Sunset Lake. The area to be dredged includes a 0.4 acre sediment bar and another acre or so of water surrounding that bar,
mainly between the bar and the Village shoreline. The current water depths in this area range from 0.0 feet at the bar to about 1.5 feet in some portions of the channel running between
it and the shoreline. The shoreline to be stabilized is a low lying wetland area vegetated with trees and shrubs and is actively eroding. Over the past 20 years quite a fewtrees have
been blown down in this area and have been removed or left in place. This wetland area serves as a receiving area from stormwster that drains from homes and streets in the Sunset
Lake Village a portion of the Sunset Ridge sub -division located northeast of the Village. The erosion along this shoreline is due to wave action in the lake (southwest winds), high flows
entering the lake from Middle Creek during large storms and hurricanes, and surface runoff from upland areas. This runoff enters the lake both via ditches that drain into the wetland
buffer area and via overland surface flow. An elevated boardwalk (elevation ranges from about 6 inches to 24 inches) runs along most of the shoreline included in this project,
positioned from as close as about 20 feet to as much as about 80 feet upland of the shoreline.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Total around entire lake: 30; along project shoreline: 2+
4g. List the total estimated linear feet of all existing streams on the property:
No existing streams flowthrough project area; only drainage ditches
4h. Explain the purpose of the proposed project:*
The purpose of this project is two fold: first it is to remove the sediment bar in the Middle Creek arm of the lake. This removal will deepen this arm of the lake, removing nutrient laden
sediments and decreasing temperatures, and make this area of the lake more accessible for recreational use. It will also allow floodwaters entering the Lake from Middle Creek to more
quickly move through this arm of the lake and potentially reduce flood elevations of Village homes located along the shoreline of the lake. The second purpose is to stabilize 1,200 feet
of eroding shoreline and restore land elevations that were present prior to the development of Sunset Lake Village and a portion of Sunset Ridge, which also drains to this area of the
lake.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
This project involves using small hydraulic (vacuum) dredges to remove a sediment bar and deepen the area around the bar in the Middle Creek arm of Sunset Lake. The dredges will
dig to a depth of 2.5 feet with the final depth of the bar at 2.0 feet. The material will be pumped to areas along the shoreline using DredgeSOX & SOXFence material, which are
constructed of a patented high technical mesh employing a rip -stop technology and anchoring system proven to withstand the forces of nature. All of the systems are lightweight, open-
ended, and design flexible that can take any desired shape or size. For more information, including examples and approvals in other areas of the country, go to the following link:
Toolbox First, 100-foot lengths of SOXfences will be placed both in the water several feet from the existing shoreline and on the upland side (to keep the sediment from spilling into non -
project areas); then sediment will be placed between the fence in the water and the existing shoreline to create an underwater berm along the existing shoreline; then SOXfence in the
water will be removed and the 100-ft length of DredgeSOX material will be positioned both in front of and on top of that berm and filled with dredged sediment; then dredged sediment
material will be placed into the wetlands and open water behind (upland from) the DredgeSOX in the specific areas locations shown on the plans; and finally the SOXfence on the upland
side will be removed and relocated along with the SOX fence from the water to the next 100 foot section. Both DredgeSOX and SOXfence will be installed by hand, using stakes and
ropes for the DredgeSOX and posts and pins for the SOXfences. See attached copy of the plans and specs. The amount of material to be dredged is estimated to be 2,700 cubic yards
of wet sediment, or about 1,350 yards of dry material. The final elevations of the wetlands and open waters will match adjacent areas. The DredgeSOX and SOXfence material will be
moved into position either by water or by land. There will be some temporary impacts to the buffer areas in those areas where the upland SOXfence is installed as well as in those
instances where the DredgeSOX and SOXfence for the shoreline can not be brought in by water. The project is expected to take up to 21 days to complete, although weather may alter
that construction period. After the material has dried, wetland vegetation will be planted in the DredgeSOX and in the wetland and open water areas that have been filled.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
See attached letter and drawing showing the delineated wetlands; most of the area to be impacted
by this project lies within either wetlands or open water
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jeff Harbour
Agency/Consultant Company: Environmental Services, Inc. 4901 Trademark Drive Raleigh, NC
27610 Phone [phone]
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
C Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory

1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries
W Open Waters r Pond Construction
2. Wetland Impacts
W Buffers
2a1 Reason (?)
2b. Impact type * M
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
Stabilize shoreline
P
ffo mland Hardwood Forest
System 1
Yes
Both
0.133
(acres)
Stabilize shoreline
P
Bottomland Hardwood Forest
System 2
Yes
Both
0.057
(acres)
3
Stabilize shoreline
P
Bottomland Hardwood Forest
System 3
Yes
Both
0.106
(acres)
4
Stabilize shoreline
P
Bottomland Hardwood Forest
System 4
Yes
Both
0.000
(acres)
=�abilize
shoreline
P
Bottomland Hardwood Forest
System 5
Yes
Both
0.000
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.296
2g. Total Permanent Wetland Impact
0.296
21. Comments:
The dredged material is not being placed to eliminate the wetlands that ebst on the site but rather to
restore areas that have become submerged and have become inundated on a regular and consistent
basis (and resulted in the loss of shoreline). Also, the dredged material will be placed and spread in the
wetland to establish a higher ground elevation to slowfurther and future deterioration of these
shoreline again. This area provides a buffer between the edge of lake and the residential
development. The submerged and open waters impacted by the shoreline restoration activity are
intended to enhance the contiguous wetland along the shoreline. The areas that receive fill material
(dredged material) will be planted with native species and use volunteer vegetation that is currently on
the project site. Vegetation will be supplemented as needed to develop and consistent and establish
stand of vegetation. The HOA Wll continually monitor this project area until the site is fully established
and signed off by the USACE as part of the NWP-13 requirements
4.Open Water Impacts
4a. Site #
4af. Impact Reason
Restore shoreline lost 1
to erosion
4b. Impact type
1'
4c. Name of waterbody
Sunset Lake
4d. Activity type
Stabilization
4e. Wate rbody type
Lake
4f. Impact area
0.02
Restore shoreline
P
Sunset Lake
Stabilization
Lake
0.02
Restore shoreline
P
_11
Sunset Lake
Stabilization
_11
Lake
0.08
Restore shoreline
P
Sunset Lake
Stabilization
_11
Lake
01
Restore shoreline
P
Sunset Lake
Stabilization
Lake
0.02
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.15
4h. Comments:
See comments in 2i above. Also, the location of both the wetland and open water areas are
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
17 Neuse
r Catawba
r Goose Creek
r Other
4g. Total permanent open water impacts:
0.15
r Tar -Pamlico
r Randleman
r Jordan Lake
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact

Some cutting of vegetation along the edge of T Sunset Lake Middle Cr. No 2,400 0
the shoreline and for SOXfence installed on
land
6h. Total buffer impacts:
Zone 1 zone 2
Total Temporary impacts: 2,400.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 2,400.00 0.00
61. Comments:
This assumes that up to two feet of clearing of small vegetation will be done along the entire shoreline.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Three breaks(openings) in the SOXsystem were put in to allowwater to water to flow both into and out of the wetland areas; this will insure that the
SOX system will not act like a lowweir during precipitation events where the level of the lake does not rise more than about 1 foot. Note that the
drainage area of Sunset Lake is appropmately 20 square miles (13,000) so that during major storms and hurricanes (rainfall events of 5 - 12 or more
inches, the level in the lake will rise from 1.5 to 6 or more feet.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Geo-textile/fabric system will be used along shoreline. Silt Fence (SOX Fence) will be used along backside of dredge material placement (parallel to
shoreline). Contractor will place system with hand efforts (not equipment placement). Incremental lengths of efforts (approx 100 to 300 ft) Will be done
at one time to control overall impacts at one time (to allow proper placement and stabilization efforts).
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project will restore the shoreline and wetlands that were present on this site 20+ years ago.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
Project does not increase built upon area. Thus these requirements do not apply to this project.
G. Supplementary Information
1. Environmental Documentation

1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes f• No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r' Yes r No
3b. If you answered "no," provide a short narrative description.
All lots within the sub -divisions that drain to this area of the lake are already fully built out.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r- No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r' Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The Raleigh Office of the US Fish and Wildlife Service reviewed this project as part of the NW-13 review under the Corps of Engineers and found no
impact to endangered species or critical habitat. See attached letter. The US F&W recommended that we check with the appropriate agency regarding
erosion control for this project. We sent the plans to the Town of Folly Springs Engineering Department which has local jurisdiction for sedimentation
and erosion control and they do not have any concerns with this project. See attached Word document with correspondence with Town of Folly
Springs.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Looked at data from NOAA.
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Checked the HPO's web site information (HPOWEB 2.0) to determine that there would be no impact to historic resources. Project should not affect
archeological resources because it only involves the movement of recently deposited sediments to a former upland area (prior to 1923 when the
present dam was constructed).

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
We had our engineer use the FEMA hydrological model for Sunset Lake to see if the project would affect flood elevations. The model runs indicated
no measurable effect.
8c. What source(s) did you use to make the floodplain determination?*
Used the latest FEMA floodplain maps for the area around Sunset Lake. These are shown on the engineering drawings for the project.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
dick the upload button or drag and drop files here to attach docurrent
SAW-2021-00643 signed NWP verification (1).pdf 10.88MB
20210324_LTRSNi_FWS_AlfredBenesch&Company_SunsetLakeHOADelineation.pdf 225.46KB
Correspondence from Town of Holly Springs re Erosion Control .pdf 170.52KB
File crust be FOF a MC
Comments
Here is a list of the attachments:
Approval Letter for NW-13 from Corps of Engineers, which includes Plans and Specs for this project
Letter from Raleigh Office of the U.S. Fish and Wildlife Service
Correspondence with Town of Folly Springs regarding Erosion Control
Signature
17 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
John D Sutherland
Signature
,Tohp _Y61 dI.-llcl
Date
8/24/2021

Correspondence from Town of Holly Springs re Erosion Control for Sunset
Lake Sediment Removal/Shoreline Stabilization Project
From: Sutherland <ids4504a-aol.com>
Sent: Wednesday, July 07, 2021 1:54 PM
To: Daniel Colavito <daniel.colavitoa-hollyspringsnc.gov>
Subject: --[EXTERNAL]--Sunset Lake Sediment Removal and Shoreline Stabilization Project
Daniel,
Good morning. Hope you are well.
We finally received Corps approval of our project on Sunset Lake under a Nationwide
13 Bank Stabilization Permit. See attached.
We also received a letter (also attached) from the US Fish and Wildlife Service that
indicates that we should submit a Sediment and Erosion Control Plan. However, since
the total impacts to the land along the shoreline will be less than 0.5 acres, we think that
we do not have to submit a plan under the Town of Holly Springs' ESC program. Is that
a correct interpretation?
Greg Stewart, our engineer, has been extremely busy, and so I am contacting you
about what steps we need to take to get our development permit from the Town. Is
there a form that we need to submit?
Thanks for any assistance you can give.
John Sutherland, Chair
Lake and Dam Committee
Sunset Lake HOA
-----Original Message -----
From: Daniel Colavito <daniel.colavitoa-hollyspringsnc.gov>
To: Sutherland <Ids4504a-aol.com>
Cc: Darin Eyster <darin.eystera-hollyspringsnc.gov>
Sent: Wed, Jul 7, 2021 4:08 pm
Subject: RE: --[EXTERNAL]--Sunset Lake Sediment Removal and Shoreline Stabilization Project
Mr. Sutherland,
Although the letter states that the plan should be submitted to Land Quality, we are the delegated
authority is this area as you have identified. While you are correct in your assertion that the scope of the
project may not cross our typical permitting threshold of 20,000 sqft, it is my advisement that you do
submit a plan showing how erosion and sedimentation will be controlled during the activity. I think this is
prudent both to ensure that you cover your bases with F&W, as well as just the generally sensitive nature
and area of the project. It shouldn't require anything too complicated, I have copied Darin Eyster, our
Stormwater Administrator on this email. He will be reviewing the plan and can direct you as to what he
needs see.

Thank you.
J. Daniel Colavito, CFM
Environmental Specialist
Office 919.567.4027
Mobile [phone]
daniel.colavitoa-hollyspringsnc.us
From: Sutherland <Ids4504a-aol.com>
Sent: Wednesday, July 7, 2021 10:47 PM
To: Daniel Colavito <daniel.colavitoa-hollyspringsnc.gov>
Cc: Darin Eyster <darin.eystera-hollyspringsnc.gov>
Subject: Re: --[EXTERNAL]--Sunset Lake Sediment Removal and Shoreline Stabilization Project
Thanks, Daniel, for your quick response. I will await Darin's assessment of what
additional information we need to provide.
John Sutherland
Darin Eyster (darin.eyster(ghollyspringsnc.gov)To:you + 1 more Details
Good Morning,
After looking at your plan, the only additional information we will need is listed below. Considering you
are under the threshold for a land disturbance permit we can handle this as an informal submittal. The
requested information can be emailed to me and Daniel.
1. Provide a detail of the sox fence system.
Darin Eyster, CFM
Stormwater Administrator
Town of Holly Springs
Utilities and Infrastructure Division
darin.eyster0hollyspringsnc.gov
Tel. # [phone]
Sutherland [e-mail]) [e-mail] + 3 more Details
Darin,
Sorry it has taken awhile to get the drawing. You can view it at this site:
Image Relay - Sox Erosion Solutions I SOXfence Tech Drawing Folder
Thanks,
John Sutherland

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
March 24, 2021
Greg Stewart
Alfred Benesch & Company
8000 Regency Parkway, Suite 175
Cary, NC 27518
Re: Sunset Lake HOA Delineation — Wake County
Dear Mr. Stewart:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office'sproject planning website at
https://www.fws.gov/raleigh/�p.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered threatened species protected by the provisions of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are
known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
'The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or
threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse
impacts to federal species of concern.

If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Ourcomments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
0,4, jz-A" kT,
Pete Benjamin
Field Supervisor

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00643 County: Wake U.S.G.S. Quad: NC -Apex
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Sunset Lake Homeowners Association, of WC
Don Ducey
Address: 5564 Sunset Lake Road
Holly Springs, NC 27540
Telephone Number: 919-632-1703
E-mail: d-sapper(a,nc.rr.com
Size (acres) N/A Nearest Town Holly Springs
Nearest Waterway Middle Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.6511
Longitude:-78.7928
Location description: The project site is approximately 1,200 linear feet of shoreline located along the north side of Sunset Lake,
in the town of Holly Springs, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.3 acre of
wetlands and 0.15 acre of oven water for bank stabilization activities. No mitigation is required for this nronosal.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 13. Bank Stabilization
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 2/26/2021, and the enclosed plans dated December 2020. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (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 Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact James Lastinger at 919-554-4884 ext 32or James.C.Lastin ernusace.arm .mil.
Corps Regulatory Official: c✓�'r-� ✓ Date: 06/02/2021
Expiration Date of Verification: 03/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Alfred Benesch and Comnanv
Greg Stewart
Address: 8000 Regency Parkway, suite 175
Cary, NC 27518
Telephone Number: 984-275-2791
E-mail: gstewart(&benesch.com

Action ID Number: SAW-2021-00643 County: Wake
Permittee: Sunset Lake Homeowners Association, of WC, Don Ducey
Project Name: Sunset Lake shoreline stabilization project
Date Verification Issued: 06/02/2021
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

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Contact Name* John Sutherland
Contact Email Address* [e-mail]
Project Owner* Sunset Lake Homeowners Association
Project Name*
Sunset Lake Sediment Removal and Shoreline Stabilization Project
Project County*
Wake
Owner Address:*
Street Address
5664 Sunset Lake Road
Address Line 2
aty
State / Rovince / Pegion
Holly Springs
North Carolina
Fbstal / Zip axle
Country
27540
USA
Is this a transportation project?*
(- Yes c: No
Type(s) of approval sought from the DWR:
F- 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
F- Individual Permit F- Modification
W Shoreline Stabilization
Does this project have an existing project ID#?*
(- Yes (: No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*
This project involves the use of sediment dredged from the Middle
Creek arm of Sunset Lake to fill SOX blankets along appro)amately
1,200 feet of adjacent lake shoreline that is eroding. It also involves
the filling of 0.3 acres of wetlands and 0.15 acres of open water that
are located behind the shoreline. SOX silt fences will be used in the
installation to prevent the material from entering lake and flowing into
adjacent wetlands. Following project installation, vegetation will be
established on both the blankets along the shoreline as well as the
areas that are filled in with sediment.
The project is located in the town of Holly Springs at the following
location: Latitude: 35.6511, Longitude:-78.7928
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:

• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that Icannot submit myapplication until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Clz �ff q -5&"t4 K,e
Submittal Date 7/20/2021