20051377 Ver 3_401 Application_20070817

~~ Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com August 17, 2007
S&EC Project # 8450.W5
To: NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
Attn: Cyndi Karoly & Amy Chapman
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Debbie Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Sumerlyn Subdivision (modification)
Garner, Wake County, NC
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On behalf of the owners, Wake Partners, LLC (Attn: Bill Hardin), please find attached a complete application and
supplemental information requesting a modification of the existing Riparian Buffer Authorization from the North
Carolina Division of Water Quality (NC-DWQ). Please contact me at [phone] if you have any questions or
require additional information.
DRniRrT crrAATAeRv
Project Name Sumerl Subdivision
Project T e Residential Subdivision
Owner / A licant Wake Partners, LLC
Coun Wake
Nearest Town Garner
Waterbod Name UT to Neuse River
Basin /Sub-basin 03-04-02
Index Number 27- 22.5
Class C; NSW
II~dD A!'T Ci TARAA A D V 7(1/1F. (r~rPVinnerv annrnvn~l ~nn7
Stream Impact (acres): 0.034 0
Wetland Impact (acres): 0 0
Open Water Impact (acres): 0 0
Total Impact to Waters of the U.S. (acres) 0.034 0
Total Stream Impact (linear feet): 306 (265 perm & 41 temp) 0
Total Riparian Buffer Impacts (square feet): 34,572 (Zone 1=22,647 ftZ &
Zone 2 = 11,925 ftz 1,361 (Zone 1=76 ftZ & Zone 2
= 1,285 ftz
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
USGS Vicinity Map
Wake County Soil Survey
Sumerlyn Subdivision NRB Buffer Encroachment Justification (dated 8/1/07)
Ecosystem Enhancement Program Acceptance letter (dated 8/8/07)
Ecosystem Enhancement Program Receipt (dated 8/20/05)
DWQ Buffer Letter (dated 12/7/04)
401 Water Quality Certification (dated 8/31/05)
401 Water Quality Certification (dated 5/2/06)
Impervious Area Data
2007-Detailed Impact Map and Overall Site Plan Map
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
Office Use Only' Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this protect, please enter "loot appucan-e° or i~i~, .~
I. Processing ~ J ~,'J~~ , J~
1. Check all of the approval(s) requested for this project: / ~/
^ Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
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 Management Area of
Environmental Concern (see the top of page 2 for further details), chf~"{~,~~r';~• ~, n
II. Applicant Information ~~~ - ~`
Ai!G 1 ~ ZU~/
1. Owner/Applicant Information ,-
~~~k - ~~var~~ u~,f~~~~ ~
Name: Wake Partners LLC (Attn• Bill Hardin~y~~r~~ avn srn~~;r~:?o~R e~~~
Mailing Address: 7838 Breckon Way
Raleigh NC 27615
Telephone Number: [phone] Fax Number: (9191845-1505
E-mail Address: N/A
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: Debbie Edwards
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ric1¢e Road
Raleigh NC 27614
Telephone Number:~919) 846-5900 Fax Number: [phone]
E-mail Address: dedwards(cr~sandec com
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MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
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: Sumerlyn Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1731686024 & 1731578308
4. Location
County: Wake Nearest Town: Garner
Subdivision name (include phase/lot number): Sumerlyn Subdivision
Directions to site (include road numbers/names, landmarks, etc.): This site is located
southeast of the intersection of Battle Bride Road (SR 2552) and Rock Quarry Road (SR
2542Zin Wake County NC
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): 35.7216°N 78.5420°W
6. Property size (acres): +/- 93 acres
7. Name of nearest receiving body of water: Neuse River 2722.5) C NSW
8. River Basin: Neuse 03-04-02
(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 consists of timbered and forested undeveloped land.
The general land use surrounding_the site is residential
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MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
10. Describe the overall project in detail, including the type of equipment to be used:
In 2005 Sumerl~n residential development was approved for 3 road crossings, one of which
being a bottomless culvert one being a road widening (Battle Bridge Roadl and one
standard culvert stream crossing In addition riparian buffer impacts were approved
associated with the road crossings sanitarX sewer lines and stormwater management wet
detention ponds These impacts totaled 265 linear feet of perennial stream impacts and
39 803 ftz of riparian buffer impacts
In 2006 the applicant made some design changes because of an acquisition of an additional
0 46 acres of land The applicant modified to avoid one of the previously approved road
crossi~s (the bottomless culvert) was approved two additional sanitary sewer crossings (41
linear feet of stream) and received authorization for additional riparian buffers impact
associated with the sanitary sewer crossings and stormwater management BMP's (7,476 ft2).
In 2007 (current ~plication~all approved/authorized impacts from our 2006 approval are to
remain the same however after designing more detailed construction drawings in the
location now identified as "Impact Area F" it was apparent the construction of a retaining
wall would rewire riparian buffer impacts in addition to potentially causing future safety and
maintenance issues Therefore this modification of the existing Riparian Buffer
Authorization is requesting additional riparian buffer impacts resulting in the elimination of
the previously approved retaining wall and proposing the fill slopes associated with the road
to encroach into Zones 1 & 2 of the riparian buffers Typical heavy equipment associated
with road construction will be used for this project
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
additional single-family residential housing for the area
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. The applicant requested a detailed wetland delineation and buffer
evaluation~rior to site plan development On December 6 2004 Ms. Deborah Edwards
(previouslywith the NC-DWQ,) conducted a site visit to determine the buffers on-site. A copy of
Ms Edwards' buffer confirmation letter is attached (DWQ EXP# 04-1863). A site visit was
conducted on June 27 2005 by Mrs Andrea Wade (,previously with the USACE) for the
purpose of determining stream importance at one of the road crossing areas, and one of the
stormwater pond areas On August 31 2005 401 Water Quality Certifications 3402 & 3374 and
a Riparian Buffer Authorization was issued bX the DWO (DWQ EXP# OS-1377) and on
September 19 2005 Nationwide Permits 12 & 39 were issued by the USACE (Action
ID#200521058 & 200521344) On May 2 2006 a modification of the 401 Water Quality
Certifications 3374 & 3402 along with Riparian Buffer Authorization were approved (DWQ
EXP #OS-1377v2) and on June 2 2006 a Notification of Statutory Status was sent to the USACE
Page 3 of 10

MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
for the modification request of Nationwide Permits 12 & 39 therefore allowing the applicant to
move forward with construction of the proposed activities. Please see tables below for the
previousl~pproved impacts
un~vrnTrci v ~vvunvril CTRFAM iMPAfTC
Stream Impact Perennial Average Impact Area of
Number
(indicate on
Stream Name
Type of Impact or
Intermitten Stream Width
Before Length
(linear Im act
p
ma
t?
Im act
feet
(acres)
Impact Area 2
UT to Neuse River Permanent/Road
Perennial
5'
149'
0.017
(NWP 39 Crossing
Impact Area 3
UT to Neuse River Permanent/Road
Perennial
5'
116'
0.013
(NWP 39) Widening
Impact Area C UT to Neuse Temporary- Perennial 4' 21' 0.002
(NWP12) River.
sanitar sewer
Impact Area D UT to Neuse River Temporary- perennial 4' 20' 0.002
(NWP12) sanitary sewer
Total Stream Impact (by length and acreage) 306' 0.034
Zone* Impact Multiplier Required
s uare feet Miti ation
1 22,647 3 (2 for Catawba) 10,480 x 3 = 31,440
2 11,925 1.5 5,492 x 1.5 = 8,238
Total 34,572 39,678*
*Required in 2005 Approval, mitigation paid.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Future project plans include an additional 10 92 acres that is envisioned for multi-family
development It is not known at this time what will actually be developed on this tract, but no
additional wetland or stream impacts are anticipated The 2006 401 Water Ouality Certification
Approval included a condition that requires the future owner/developer to seek a stormwater
management review/approval from the NC Division of Water Quality if this area exceeds 30%
imperviousness
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
Page 4 of 10

MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts proposed in this
modification are only associated with riparian buffer impacts. Specifically, 1,361 ft2 of
r~arian buffer impacts associated with the proposed fill slopes necessary for a road
(Horseback Lane) in the southwestern corner of the property
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) ( es/no linear feet)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: +/-2 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
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MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma) (if applicable) ocean, etc. (acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. This modification is requesting
additional riparian buffer impacts resulting in the elimination of the reviousl a roved
retaining wall and proposin fg ill slimes associated with a road to encroach into 76 ft2 of Zone 1
& 1 285 ft2 of Zone 2 of the riparian buffers (Impact Area F). The engineer for the project has
provided a statement to support this modification request this statement is attached and
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MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
identified as the "Sumerlyn Subdivision Neuse River Basin Buffer Encroachment Justification",
signed and dated A u~u~t 1 2007
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant has paid $96 125 88 into the Ecosystem Enhancement Program for their
previous 404/401 permit and riparian buffer authorization (see attached receipt). This
modification request is solely for riparian buffer impacts and should not require 404/401
stream mitigation However n_parian buffer mitigation should be required and is expanded
won in Section X 3
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
Page 7 of 10

MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 1.361 ft2
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 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.
Isy,nn~t .4rvn F /Nnrcehack Lune ~ll.clnnec)
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 76 3 (2 for Catawba) 228
2 1,285 1.5 1,928
Total 1,361 2,156
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends
additiona120 feet from the edge of Zone 1.
Page 8 of 10

MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Buffer mitigation was required for the previous submittal. The applicant paid riparian buffer
mitigation for 39 678 ftz of riparian buffer impacts The impacts that required miti ag tion
were a road crossing that exceeded 1/3 acre of riparian buffer impacts (2005 ImRact #2) and a
parallel riparian buffer impact to Zone 1 associated with a sanitary sewer line (2005 Impact
For this modification request riparian buffer mitigation is required for the fill slopes
associated with the road (Horseback Lane-ImRact Area F) therefore the applicant has
Rroposed payment into the Ecosystem Enhancement Pro am EEP), see attached EEP
Acceptance letter
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Total acre~e=83.62 acres, impervious surface
area=24 02 acres total impervious area coverage 28 73%.
The 2006 application submittal included a stormwater mana eg_ment plan which was designed to
meet the City of Raleigh's requirements The Stormwater mana eg ment plan included wet ponds
and level spreaders DWQ worksheets and signed/notarized Operations and Maintenance
Agreements were also included The result of the 2006 Approval included an "Impervious
Surface Threshold Under 3402 and Deed Restrictions" (see attached approval). Additionally,
this approval included a condition that required the adjacent 10.92 acre parcel to submit a
stormwater mana,~ement plan if the impervious percentage exceeds 30%. The diffuse flow
requirements have been reviewed and met as per attached approval
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This proposed development will be connecting to an existing sanitary sewer facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
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MODIFICATION OF EXISTING RIPARIAN BUFFER AUTHORIZATION
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt~//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We have reviewed the "DRAFT Internal Policy Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Programs" document prepared by the NC Division of Water
Quality on October 3 2002 version 1 6 The draft states that most residential subdivisions are
unlikely to cause cumulative im.,pacts Sumerl~n Subdivision does not meet any of the three
criteria of private projects that can clearly result in cumulative impacts. We anticipate that you
will advise us if a qualitative or quantitative impact analysis is required.
XV. Other Circumstances (Optional):
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).

2
Applicant/Agent's Signature ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10

Environmental Consultants,. PA
Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
AGENT AUTHORIZATION FORM
Name: -f~r~~a....,. ~rS~` d'....~
Address: ~l3 3 S ~N e~Xo.. ~~~
~S
Phone: (9/ 4 ~ Z Z -!~./ Z ~
Project Name/ Description: ~r ~ ~ y H
Date: ~ /J ~ ~ S
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District '
P.O. Box 1890
Wilmington, NC 28402
Attn: '~~'~~~
Field Office: ~ <
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current roe owner, hereby designate and authorize Soil & Environmental Consultants, PA to
actin my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information iri support of applications, etc. hom this day forward. The f 7 ~ day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for.
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
L~:hv~G /~j_r l~t2wS L, ~. C ~l/i4 n. /~, l7'~r al•+
Print Property Owner's Name Property Owner's Signature
cc: Ms. Cyndi Karoly cc: Mr. Walter Cole
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (33fz) 540-8234
Fax: [phone]
All Blanks To Be Filled In B,y The Current Landowner

8450. W4
Project Manager:
DE
Scale:
I " = 2000'
Date:
03/29/06
Map Title:
Figure I . USGS Map
William G. Darnel ~ Assoc., PA
SUMERLYN
Wake County, NC
Source:
Garner Quad
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SaridEC.com

I~~.nie '
~~ssoc.
Engineering Planning Landscape Ardiitecture
Sumerlyn Subdivision
Iveuse River Basin Buffer >Cncroachment Justification
The proposed etcroachment is necessary due to the limited amount of space between the
southernmost extent of the buffer alld the southern boundary of the overall project.
Tile subdivision plan was p-•epared so as to include a street located adjacent to the end of
the buffer with the intent of employing a retaining wall at the edge of the buffer-thereby
avoiding encroachment into the buffer. However, upon detailed design of the wall and
roadway (and consultation with potential contractors for the construction}, it has become
obvious that it would be practically impossible to construct the wall wit}lout disturbing a
portion of the buffer. A plan tllat would allow the slopes associated with the fill for the
roadway to encroach into the upper end of the buffer would be preferable not only due to
considerations related to costs and feasibility, but also due to the fact that avoidance of a
retaining wall of approximately 10 feet in height immediately adjacent to a public
roadway and sidewalk would enhance the safety of the roadway and eliminate a
potentially expensive maintenance issue at some point in the future.
Due to the limited space between the end of the buffer and the southern boundary of the
project, routing the roadway around the buffer while allowing enough room for the slope
or retaining wall to be constructed without encroachment itlto the buffer would preclude
the development of lots along a few hundred feet of the proposed roadway. The result of
such a shift of the roadway would be the loss of at least five proposed residential lots. A
loss of these lots and the associated revenue would be a severe hardship on the developer
of the project.
William G. Daniel & Associates, P.A.
-;:
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William G. Daniel, P''I/.
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] 150 S. F,. Maynard Road • Suite 260 • Cary, NC 27511 • (919} 967-9708 • flax (919} 460-7585

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PROGRAM
August 8, 2007
William Hardin
Wake Partners, LLC
7838 Breckon Way
Raleigh, NC 27613
Project: Sumerlyn Subdivision (second request) County: Wake
EEP No.: ILF-2007-5568
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the Issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that pernut and payment must be made prior to conducting the authorizs:d
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
Neuse
03020201 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0 0 0 76 1,2$5
Credits 0 0 0 0 0 0 228 1,928
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Nataral Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 71b-1921.
Sincerely,
~~
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Iamie Shern, USACE-Raleigh
Debbie Edwards, agent
File
R.~sto~u-r~... ~ ... PYO>~,ctc'~ Our Stag

I~C~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

Ecos stem
Y
PROGRAM
RECF,TPT
September 20, 2005
DWQ #: OS-1377
COE #: N/A
Bill Hardin
Wake Partners, LLC
7838 Breckon Way
Raleigh, NC 27615
Project: Sumerlyn Subdivision
County: Wake
The North Carolina Ecosystem Enhancement Program (NC EEP) has received checks in the amount of 96,125.88, check
number 001143, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section
404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 265 31,440 8,238
03020201
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
incerely, p
-R . ~~~~
t Liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monty Matthews, USACE -Raleigh
Eric Kulz, DWQ Regional Office -Raleigh
File
1~,sto~i,~t~... ~ ... Pl`otectr,~ Ou,~ Stag
~~t,
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.ne

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December 7, 2004
William G. Daniel & Associates, PA
1150 SE Maynard Road, Suite 260
Cary, NC 27511
Subject Property: Rock Quarry Road
UT to Neese River
Alan W. Klimek, P.G. Diroe;tor
Division of Water Uu:Aity
D'yVQ >~XP# 04-7863
Wake County
Page 1 of 2
On-Site Determination for Applicability to the 1~Teuse River Riparian Area Protection Rules
(15A NCAC 28.OZ33}-Ex'PRESS REVIEW PROGRAM
Dear Sir or Madam:
On December 6, 2004, at your request I conducted an on-site determination to review five
features located on the subject property for applicability to the Neese Buffer Rules (l SA NCAC
2$ .0233). The features are labeled as "A, B, C, E & F" on the attsched maps initialed by me an
December 7, 2004.
The Division of Water Quality (DWQ} lies determined that the features lal,eled as "A, I3, C,
E & I+'" on the attached maps are subject to the Neese Buffer Rule, the origins of these
features have been identified and flagged in the field as the following: Feature A starts at
flag #B5, Featulre 8 starts at flag #E4, Feature C starts at flag #Cl, Feature E starts at slab
#Fl and Feature F starts at flag #Rl . These streams and their associated buffers should be
identified on any future plans for this property. The owner (ar future owners} should notify the
DWQ (and other relevant agencies) of this decision in any future correspondences concerning
this property. This on-site det . ;nation shall expire five (5) years from the dale of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. A request for a determination by the Duector shall be referred to
the Director in writing C/o John Dorney, DWQ Wetlands/401 I.Jnit, 2321 Crabtree Blvd.,
Raleigh, NC 276042260. Individuals that dispute a determination by the D W Q or Delegated
local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of this decision. D~i1rQ recommends
that the applicant conduct this notification in order to be certain that third party appeals arc made
in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Ogee of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days. .
Nom` C~uv ina
act w¢tiands cettificatlon unit ~~ural~!{/
i sea Maat Sen~ice center, Raleigh, t1oM C2roGna uses-i sso
2321 Crabtree 6oulavdrCl, Suite 250, Ral¢igh, North Carotlna 27'604
Phone: [phone] FAX [phone]/ Internet htt~- th2e.anr.state.nc.usfncwed~nds
An Equal OpporlunityfAffirmafive Aotlon Frnploy¢r -5096 Reeyded/10°,6 Post Consumer Papor
tvlictutel F. Laaley, Governor
William G_ Ross Jr., Secror:uy
Nurth Carolina Lkparttstent of Environment and Ptstural Rcwurcca
b~Z ~ d Z9b69b86 ~ Ol ~689i=i=Z6Z6 SaNti~13M-~IMr7 ~ W~i'i~ 60 ~ T Z b0~2-L-~3a

William G. Daniel & Associates, PA
Page 2 of 2
1217104
This letter only addresses the applicability to the buffer rules and does nvt approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call Deborah Edwards at [phone].
Sincer8ly,
~~~-
1~ '
Alan W. K1ime
k, P.E.
AWK/dae
Attachments: VI~"ake County Soil Survey map
rTSCS Granter Quad snap
cc: bW Q }.Zaleigh 12egional Office
File Copy
Central Files
Walter Cole-S&EC
Filename Q41$63RockQuarry(Wake)EXP+origin
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Project No. FI ure 2 -Soil Surve Ma
03-8450.W1 g y p

j. ;;; ~
Rock Quarry Tract ~ Soil & Environmental Consultants, PA
sc sect Mgr.: N/illiam G. Daniel & Associates, P.A. 11010 Raven Ridge Rd.• Raleigh, NC 27614
Wake County, NC [phone] • {919) 846-9467
Web Page: www.SandEC.com
Scale:
1" = 1,320'
01/14/04 Wake County Soil Sur~~ey
Issued 1970, Sheet 79 _

O~O~ w AT ~nQG
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o -c
o ~~~Q~~~
AUG 3 ~ 2Q05
By: Soil & Environmental Consultants, PA
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 31, 2005
Wake Partners, LLC
Attn: William K. Hardin
7838 Breckon Way
Raleigh, NC 27615
Subject Property: Sumerlyn Subdivision on Battle Bridge Road
UT to Neuse River [27-22.5, C NSW]
Alan W. Klimek, F.E. Director
Division of Water Quality
DWQ EXP # OS-1377
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions-EXPRESS
REVIEW PROGRAM
Dear Mr. Hardin:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 2651inear feet of streams; 25,725 square feet Zone 1; and
14,078 square feet Zone 2 (total of 39,803 ft2) of protected riparian buffers to construct the
Sumerlyn Subdivision, as described within your application dated August 1, 2005 and received
by the N.C. Division of Water Quality (the "Division") on August 2, 2005 and additional
information dated August 8, 11, 17, and 29, 2005, are covered under General Water Quality
Certification Numbers3374 (GC3374) and 3402 (GC3402). This General Certification allows
you to use Nationwide Permits 12 and 39 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. Finally, 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
Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached Water Quality Certification and any additional conditions listed
below.
Noy` hCarolina
401 Oversight /Express Review Permitting Unit ~aftlCQ~ly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httD:!/h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Sumerlyn Subdivision at Battle Bridge Road
Page 2 of 6
August 31, 2005
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification are met. No other impacts are approved including
incidental impacts:
Im act Tye Amount (Units) Mitigation Re erence
Stream 155 (ft) Im act Area 2; PCN form
Stream 116 (ft) Im act Area 3; PCN form
Buffer Zone 1 7,021 ft) N/A Im act Area 1; August 11, 20051etter
Buffer Zone 2 4,068 (ft) N/A Im act Area 1; August 11, 20051etter
Buffer Zone 1 10,462 (ft) 31,386 (ft) Im act Area 2; Au st 11, 2005 letter
Buffer Zone 2 5,492 (ft) 8,238 (ft) Irri act Area 2; August 11, 20051etter
Buffer Zone 1 5,343 (ft) N/A Im act Area 3; August 11, 20051etter
Buffer Zone 2 1,118 (ft) N/A Irn act Area 3; Au st 11, 20051etter
Buffer Zone 1 18 (ft) 54 (ft) Impact Area 3A; August 11, 20051etter
Buffer Zone 2 637 (ft) N/A Im act Area 3A; August 11, 20051etter
Buffer Zone 1 277 (ft) N/A Irri act Area 3B; August 11, 2005 letter
Buffer Zone 2 860 (ft) N/A Im act Area 3B; August 11, 20051etter
Buffer Zone 1 1,317 (ft) N/A Impact Area 4; Au st 11, 20051etter
Buffer Zone 2 464 (ft N/A Irri act Area 4; August 11, 20051etter
Buffer Zone 1 596 ft) N/A Impact Area 5; August 11, 20051etter
Buffer Zone 2 420 (ft) N/A Im act Area 5; August 11, 2005 letter
Buffer Zone 1 0 N/A Im act Area 6; August 11, 20051etter
Buffer Zone 2 602 (ft) N/A Im act Area 6; August 11, 20051etter
Buffer Zone 1 691 (ft) N/A Irri act Area 7; August 11, 2005 letter
Buffer Zone 2 417 (ft) N/A Impact Area 7; August 11, 20051etter
Total Zone 1 25,725 ( )
Total Zone 2 14,078 ( )
Note: mitigation is only required for Impact Area 2 Zone 1 and 2 and Area 3A Zone 1.
2. Compensatory Mitigation (1VC EEP)
Under the requirements of this General Certification and Authorization Certificate (15A
NCAC 2B .0242), you are required to mitigate for impacts to protected riparian buffers.
The restoration component of your mitigation plan was proposed within your application
materials as described in the table below. We understand that you wish to make a
payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. The attached impact and mitigation summary may be used to make
payment to the EEP. The check should be made payable to: DENR -Ecosystem
Enhancement Program Office. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. For accounting
purposes, the following compensatory mitigation may be requested of the Stream
and Buffer Restoration Funds to meet the conditions of the 404 Permit at the
discretion of the U.S. Army Corps of Engineers:

Sumerlyn Subdivision at Battle Bridge Road
Page 3 of 6
August 31, 2005
Credits urchased from EEP River + Sub-basin No.
Streams 530 (ft) Neuse 030402
Buffer Zone 1 31,440 ft. Neuse 030402
Buffer Zone 2 8,238 ft. Neuse 030402
Until the EEP receives and clears your check, no impacts specified in this Water Quality
Certification and Authorization Certificate shall occur. You have one (1) month from the
date of this approval to make this payment.
3. 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.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
4. Protective Fencing
The outside 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 wetland or water prior to any land disturbing activities to ensure
compliance with GC 3402.
S. Diffuse Flow Measures
All stormwater runoff on this project shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).

Sumerlyn Subdivision at Battle Bridge Road
Page 4 of 6
August 31, 2005
In an effort to comply with the diffuse flow provision of the Buffer Rule [ 15A NCAC
02B .0233(5)], you have provided the Division with level spreader designs submitted
with the PCN Application dated August 2, 2005. The Division believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0233(5) is not achieved, then the Division shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior written authorization from
the Division.
The structural Stormwater practices as approved by this Office 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.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all Stormwater conveyances and on all lots containing these structures including future
access for maintenance. The stormwater easements shall allow for the ability to maintain
the structures, perform corrective actions as described above and shall provide protection
of the structures from potential alternations by future property owners.
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 stonnwater 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 maybe found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
7. 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.
8. 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 two (2) months of the date that the Division of Land Resources has released the
project.

Sumerlyn Subdivision at Battle Bridge Road
Page 5 of 6
August 31, 2005
9. Impervious Surface Threshold Under GC 3402 and Deed Restrictions
The PCN Application denotes an impervious surface area of 29.58% for the single-family
development plans. You shall be required to denote on each subdivision plat the
following notation: "IMPERVIOUS AREA FOR ALL RESIDENTIAL LOTS
APPROVED FOR DEVELOPMENT IN SUMERLYN SUBDIVISION SHALL NOT
EXCEED 620,000 SQUARE FEET IN THE AGGREGATE OR 2,500 SQUARE FEET
PER LOT."
Furthermore, a deed restriction shall be placed on the currently undeveloped 10.92-acre
tract so as to limit the amount of impervious surface area to 30% or less. This tract shall
be held, transferred, sold, conveyed, developed and occupied subject to the requirement
that upon development of this tract, the then owner shall develop a stormwater
management plan approved by the North Carolina Division of Water Quality if the total
impervious area resulting from development of the Property exceeds 30% of the total
area of the Property.
This restriction contained herein shall be binding upon the owner's successors and
assigns, and shall be perpetual and run with the land until released or amended by a
release or amendment approved by the North Carolina Division of Water Quality.
These two documents shall be filed with the Register of Deeds, Wake County, North
Carolina. Wake Partners, LLC shall submit copies of these documents to the Division of
Water Quality before any impacts to protected riparian buffers, wetlands, or waters shall
occur.
DWQ would like to remind you that if a compliance inspection reveals an impervious
surface area of 30% or greater, then Wake Partners, LLC will be in violation of this
Condition and required to comply with the requirements of Condition 4 in GC 3402.
10. Water Quality Certification(s)
The proposed project must comply with all the conditions of general Water Quality
Certification (GC) 3374 and 3402.
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.
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.

Sumerlyn Subdivision at Battle Bridge Road
Page 6 of 6
August 31, 2005
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 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 1 SOB 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 §401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or Cynthia F.
Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
Sincerely,
~~ Alan W. Klimek. P.E.. Director
AWK/cbk/cvdw
Enclosures: GC 3374
GC 3402
Certificate of Completion
NCEEP Notification
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Walter Cole, S&EC, 11010 Raven Ridge Road, Raleigh, NC-27614
Rick Rowe, Mark Bailey, and Reginald Goodson, P.O. Box 550, Raleigh, NC 27602
Filename: 051377Sumerlyn (Wake)EXP+401NBR EEP

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 2, 2006
Wake Partners, LLC
Attn: William K. Hardin
7838 Breckon Wav
Raleigh, NC 2761.1
Subject Property: Sumerlyn Subdivision on Battle Bridge Road
UT to Neuse River [27-22.5, C NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP # OS-1377v2
Wake County
~Ci~~V~
MAY ~ 0 2006
By: $01 S 6wironment~ Consultants, PA
MODIFICATION to Approval of 401 Water Quality Certification and Authorization
Certificate per the Neuse. River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions-EXPRESS REVIEW PROGRAM
Dear Mr. Hardin:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 41 linear feet of streams and 7,476 square feet of riparian
buffers. This Modification also reauthorizes a portion of the original impacts of: 265 linear feet
of streams; 18,108 square feet Zone 1; and 8,988 square feet Zone 2 (total of 27,096 ft2) of
protected riparian buffers. These impacts are necessary to construct the Sumerlyn Subdivision, as
described within your Modification Request application dated April 18, 2006 [original
Certification was issued on August 31, 2005], and are covered under General Water Quality
Certification Numbers3374 (GC3374) and 3402 (GC3402). This General Certification allows
you to use Nationwide Permits 12 and 39 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. Finally, this Modification 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 Permit.
This Modification to the original approval is for the purpose and design that you described in
your request. If you change your project, you must notify us and you may be required to send us
anew 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 1501inear feet of
stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached Water Quality
Certification and any additional conditions listed below.
4010versght 1 Express 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:l/h2o.enr.state.nc.us/ncwetlands
Nom` Carolina
~furally
An Equal OpportunitylAffirmativeAct1on Employer - 50% Recycled/10% Post Consumer Paper

MODIFICATION to Sumerlyn Subdivision at Battle Bridge Road
Page 2 of 6
May 2, 2006
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 are met. No other impacts are approved
including incidental impacts:
Impact Tye Amount (Units) Mitigation Re erence
Stream 149 (ft) Im act Area 2; PCN August 2, 2005
Stream 116 (ft) Impact Area 3; PCN August 2, 2005
Stream 21 (ft) Im act Area C, PCN A ril 18, 2006
Stream 20 (ft) Im act Area D; PCN A ril 18, 2006
Buffer Zone l 10,462 (ft) 31,386 (ft) Im act Area 2; August 11, 2005 letter
Buffer Zone 2 5,492 (ft) 8,238 (ft) Im act Area 2; August 11, 2005 letter
Buffer Zone 1 5,343 (ft) Im act Area 3; August 11, 2005 letter
Buffer Zone 2 1,118 (ft) Impact Area 3; August 11, 2005 letter
Buffer Zone 1 18 (ft) 54 (ft) Im act Area 3A; Au st 11, 20051etter
Buffer Zone 2 637 (ft) Im act Area 3A; August 11, 2005 letter
Buffer Zone 1 277 (ft) Im act Area 3B; August 11, 2005 letter
Buffer Zone 2 860 (ft) Im act Area 3B; August 11, 20051etter
Buffer Zone 1 1,317 (ft) Im act Area 4; August 11, 20051etter
Buffer Zone 2 464 (ft) Im act Area 4; August 11, 2005 letter
Buffer Zone 1 691 (ft) Impact Area 7; August 11, 2005 letter
Buffer Zone 2 417 (ft) Im act Area 7; August 11, 2005 letter
Buffer Zone 1 681 (ft) Im act Area A; PCN A ril 18, 2006
Buffer Zone 2 408 (ft) Im act Area A
Buffer Zone 1 624 (ft) Im act Area B
Buffer Zone 2 408 ft) Im act Area B
Buffer Zone 1 1,383 (ft) Im act Area C
Buffer Zone 2 834 (ft) Im act Area C
Buffer Zone 1 1,248 (ft) Im act Area D
Buffer Zone 2 882 (ft) Im act Area D
Buffer Zone 1 603 (ft) Im act Area E
Buffer Zone 2 405 (ft) Im act Area E
Total Zone 1 22,647 (ft )
Total Zone 2 11,925 (ft )
Note: mitigation is only required for Impact Area 2 Zone 1 and 2 and Area 3A Zone 1.
2. Compensatory Mitigation (NC EEP)
Under the requirements of this General Certification and Authorization Certificate (15A
NCAC 2B .0242), you are required to mitigate for impacts to protected riparian buffers.
The restoration component of your mitigation plan was proposed within your August 2,
2005 application materials as described in the table below. New buffer impacts are
"ALLOWABLE" and do not require mitigation. We understand that you have made a
payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation

MODIFICATION to Sumerlyn Subdivision at Battle Bridge Road
Page 3 of 6
May 2, 2006
requirement. The attached impact and mitigation summary maybe used to make
payment to the EEP. The check should be made payable to: DENR -Ecosystem
Enhancement Program Office. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. For accounting
purposes, the following compensatory mitigation maybe requested of the Stream
and Buffer Restoration Funds to meet the conditions of the 404 Permit at the
discretion of the U.S. Army Corps of Engineers:
Credits urchased rom EEP River + Sub-basin No.
Sig°eams 530 (ft_) Neuse 030402
Buffer Zone 1 31,440 ft. Neuse 030402
Buffer Zone 2 8,238 ft. Neuse 030402
Until the EEP receives and clears your check, no impacts specified in this Water Quality
Certification and Authorization Certificate shall occur. You have one (1) month from the
date of this approval to make this payment, unless this payment has already been made.
3. 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.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
4. Protective Fencing
The outside 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 wetland or water prior to any land disturbing activities to ensure
compliance with GC 3402.

MODIFICATION to Sumerlyn Subdivision at Battle Bridge Road
Page 4 of 6
May 2, 2006
S. Diffuse Flow Measures
All stormwater runoff on this project shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
In an effort to comply with the diffuse flow provision of the Buffer Rule [15A NCAC
02B .0233(5)], you have provided the Division with level spreader designs submitted
with the PCN Application dated August 2, 2005. The Division believes that if
implemented, as per these plans ;diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0233(5) is not achieved, then the Division shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall Stormwater from the proposed
development be piped directly through the buffer without prior written authorization from
the Division.
The structural Stormwater practices as approved by this Office 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.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances and on all lots containing these structures including future
access for maintenance. The Stormwater easements shall allow for the ability to maintain
the structures, perform corrective actions as described above and shall provide protection
of the structures from potential alternations by future property owners.
6. Construction Stormwater Permit NCG010000
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 maybe found at
http•//h2o enr.state.nc.us/su/Forms Docrrments.htnt.
7. 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.

MODIFICATION to Sumerlyn Subdivision at Battle Bridge Road
Page 5 of 6
May 2, 2006
8. 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 two (2) months of the date that the Division of Land Resources has released the
project.
9. Impervious Surface Threshold Under GC 3402 and Deed Restrictions
The PCN Application denotes an impervious surface area of 29.58% for the single-family
development plans. You shall be required to denote on each subdivision plat the
following notation: "IMPERVIOUS AREA FOR ALL RESIDENTIAL LOTS
APPROVED FOR DEVELOPMENT IN SUMERLYN SUBDIVISION SHALL NOT
EXCEED 620,000 SQUARE FEET IN THE AGGREGATE OR 2,500 SQUARE FEET
PER LOT."
Furthermore, a deed restriction shall be placed on the currently undeveloped 10.92-acre
tract so as to limit the amount of impervious surface area to 30% or less. This tract shall
be held, transferred, sold, conveyed, developed and occupied subject to the requirement
that upon development of this tract, the then owner shall develop a stormwater
management plan approved by the North Carolina Division of Water Quality if the total
impervious area resulting from development of the Property exceeds 30% of the total
area of the Property.
This restriction contained herein shall be binding upon the owner's successors and
assigns, and shall be perpetual and run with the land until released or amended by a
release or amendment approved by the North Carolina Division of Water Quality.
These two documents shall be filed with the Register of Deeds, Wake County, North
Carolina. Wake Partners, LLC shall submit copies of these documents to the Division of
Water Quality before any impacts to protected riparian buffers, wetlands, or waters shall
occur.
DWQ would like to remind you that if a compliance inspection reveals an impervious
surface area of 30% or greater, then Wake Partners, LLC will be in violation of this
Condition and required to comply with the requirements of Condition 4 in GC 3402.
10. Water Quality Certification(s)
The proposed project must comply with all the conditions of general Water Quality
Certification (GC) 3374 and 3402.
I1. Certificate of Completion
Upon completion of all work approved within this Modification to 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.

MODIFICATION to Sumerlyn Subdivision at Battle Bridge Road
Page 6 of 6
May 2, 2006
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.
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 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 §401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or Cynthia F.
Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
Sincerely,
. ~!
Alan W. Klimek, P.E., Director
AWK/cbk/cvdw
Enclosures: GC 3374
GC 3402
Certificate of Completion
NCEEP Notification
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Rick Rowe, Mark Bailey, and Reginald Goodson, P.O. Box 550, Raleigh, NC 27602
Filename: 051377v2Sumerlyn (Wake)EXP+401NBR EEP MOD

SUMERLYN
Impervious Area Data
Overview
Sumerlyn contains a total of 94.54 acres of which 83.62 acres will be developed as a
single-family community of 246 lots as currently approved by the City of Raleigh (S-
79-04). The remaining 10.92 acres are envisioned for future multi-family
development.
IMPERVIOUS AREA SUMMARY
TRACT ACREAGE 83.62 AC.
IMPERVIOUS AREA 24.02 AC.
SIDEWALKS 1.37 AC.
STREETS 8.53 AC.
LOT IMPROVEMENTSx 14.12 AC
TOTAL IMPERVIOUS AREA COVERAGE 28.73%
* IMPERVIOUS AREA FOR LOT IMPROVEMENTS IS
BASED ON AN AVERAGE OF 2500 SF OF
IMPERVIOUS AREA (TO INCLUDE ROOF AREA,
DRIVEWAYS, PATIO, AND ALL OTHER ON-SITE
IMPERVIOUS AREA) PER LOT APPLIED TO A
TOTAL OF 246 LOTS.