20060659 Ver 1_401 Application_20060417

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WITHERS ~' RAVENEL
ENGINEERS I PI,.ANNERS I SURVEYORS
iii MacKenan Drive
GARY, NORTH CAROLINA, 275zi
X919) 469-3340
FAX [phone]
To: DWQ
221 Crabtree Blvd
Raleigh, NC 27604
WE ARE 5ENDING YOU
^ Shop Drawings
^ Copy of Letter
r
I
~._~

DATE
/17/06 JOB N0.
2o5oi8.o
ATTENTION C ndi Karol
PHONE ti 1 ) z1
RE: Trenton Road Subdivision

+`~>0~

® Attached ^ Under separate covervia _
^ Prints ^ Plans ^ Samples
^ Change order ^ Diskette ^
the following items:
^ Specifications
COPIES DATE NO. DESCRIPTION
7 /i7/o6 1 of Permit A lication
1 /s /06 z Check ($zoo)

THESE ARE TRANSMITTED as checked below:
® For approval ^ Approved as submitted
^ Foryour use ^ Approved as noted
^ As requested ^ Returned for corroections
For review and comment ^
^ Resubmit copies forapproval
^ Submit copies fordistribution
^ Return corrected prints
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO U5

trd~ra ,nom ~ .an_~.~,.~'
coPY To: USAGE & WR File
SIGNED: Todd Preuninger
/fenctosures are nat as noted, kindlynotily us at once.
REMARKS: Please fee( free to call with any questions.

WITH ER8 ~~, RAVEN EL
ENGINEERS 1 PLANNERS I SURVEYORS
April i7, 2006
US Army Corps of Engineers
Attn: Mr. Monte Matthews
6508 Falls ofthe Neuse Road, Suite i2o
Raleigh, North Carolina 27615
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NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Trenton Road Subdivision
Request for 404 /4oi Request and Buffer Compliance
W&R Project Number- 02o5ooi8.oo
Dear Mr. Matthews and Ms. Karoly,
On behalf of Five Star Developers, Inc, we are requesting authorization from the USACE to
use NWP 39 for installation of two culverts associated with residential driveways. We are
also requesting 4oi-certification and buffer compliance from the NC-DWQ forthe crossings.
The subject property is approximately 34 acres in size and is located roughly 1.3 miles north
of the intersection of Trinity Road (SR 1656) and Trenton Road (SR 1655) in Raleigh, Wake
County, North Carolina. The site is contains un-named tributaries to Richland Creek and is
located in the Neuse River Basin. The Hydrologic Unit Code forthis basin is o3o2o2oi. The
Water Quality classification is C; NSW, and the stream index is 27-33-1i.
Project History
Detailed wetland delineations were conducted and approved by the USACE on February 25,
2006 (AID#: 200520875). Ms. Cynthia Van Der Wiele, of the NC-DWQ confirmed our riparian
buffer evaluations in August of 2005 (DWQ EXP: o5-i496). We have included a copy of the
Jurisdictional Determination and the DWQ Buffer Letter with the attachments.
Proposed Impacts
The proposed impacts consist of 40 linear feet ofimportant/perennial channel impact and
0.0005 acres of wetland impact forthe construction of driveways. Impacts are summarized
in the table below as well as in the PCN form.
WP # Im act # Linear Feet SF Acres
(Road) Driveway A 20 21 s Buffer) .o (buffer)
(Road) Driveway B 20 z~ 2 (Buffer) .o (buffer)
9 (Road) Drivewa B NA 21 (Wetland) .ooo (wetland)
iii MacKenan Drive I Cary, North Carolina 275ii I tel: g19-4169.3340 I ~= 919.467.6088 I www.withersravenel.com
7040 Wrightsville Avenue, Suite ioi I Wilmington, North Carolina 28403 I tel : gio.256.9zn ( fax : 9io.z56.2584
7.027 Sabbath Home Road SW I Supply, NC z846a I tel: 9io-842-9392 I fax: [phone]

Avoidance and Minimization
In order to access four parcels within the Trenton Road Subdivision two driveway crossings
are needed across a buffered stream channel. Each driveway has been designed to be at a
nearly perpendicular angle to the stream. Additionally, each driveway will service two
households thereby reducing the total number of driveways needed from four to two.
Stormwater Management Plan
Given that the lot sizes range from o.5 acres to approximately i acre, we strongly believe that
the site will contain less than 30% impervious. The applicant will provide diffuse flow into
the riparian buffers through the use of level spreaders, as perthe NC-DWQ guidelines.
Mitigation
Because the impacts are less than i5o linear feet and less than o.z acres of wetland, we do
not believe that mitigation should be required. If mitigation is required, the applicant
proposes payment to the NC-EEP to satisfy mitigation requirements.
Please feel free to call ifyou have questions or require additional information.
Sincerely,
WITHERS ~-RAVENEL, INC.
~~
Todd Preuninger
Attachments -
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) Details

FC~~ ~'i~:^ E"T
~ECEi~'E~
Office Use Only: Fonn Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appiicanie or ,.ivies .)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP 39
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), ch here: ^
C~COMC D
II. Applicant Information
APR 1 7 2006
1. Owner/Applicant Information DENk - Wqr~
Name: Trenton Road LLC ,~. Quau~_
Mailing Address: Attn: Jeff Smerko .,,,.,,,~,~,,",~~
105 Quail Ridgy Road
Wilmi~on NC 28409
Telephone Number: 910-232-4375 Fax Number: 910-397-8751
E-mail Address: jrsmerko(a~nc rr com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preunin~er
Company Affiliation: Withers & Ravenel Inc
Mailing Address: 111 MacKenan Drive
Carv. NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-238-2099
E-mail Address: tpreunin er withersravenel.com
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe 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: Trenton Road Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0775940819 0775757159. 0775755892
4. Location
County:
Wake Nearest Town: Ral
Subdivision name (include phase/lot number): Trenton Road Subdivision
Directions to site (include road numbers/names, landmarks, etc.):
The property~Trenton Road Subdivisions is located east of Trenton Road approximately
1500 feet north of US I-40 in Rale~h Wake County NC.
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): 35.8243230 °N 78.7404565 °W
6. Property size (acres)
34
7. Name of nearest receiving body of water: Richlands Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently wooded. Land use in the vicinit o~ the
Rroiect is primarily residential.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
The proposed~roject consists of the construction of residential housing. Typical heavy
equipment such as excavators will be utilized install the infrastructure (i.e. roads and
utilities The proposed creek crossings are needed in order to access four lots within the
subdivision.
11. Explain the purpose of the proposed work: The project is needed to meet the rg owing
demand for housing in the immediate 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 USAGE 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.
Detailed wetland delineations were conducted and approved by the USAGE on February 25,
2006 (AID#• 200520875). Ms. Cynthia Van Der Wiele of the NC-DWQ, confirmed our riparian
buffer evaluations in August of 2005 (DWQ EXP: OS-1496). We have included a copy of the
Jurisdictional Determination and the DWQ Buffer Letter with the attachments.
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.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 8

1. Provide a written description of the proposed impacts: The proposed impacts consist
of 40 linear feet of perennial stream impact and 21 SF of wetland impact associated with the
installation of two driveway culverts.
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,
se arately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Driveway B Fill Forested No 30 0.0005
Total Wetland Impact (acres) 0.0005
3. List the total acreage (estimated) of all existing wetlands on the property: 0.089 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)

Driveway A UT to Richland Driveway
Perennial 2ft
20
0.0009
Creek construction
Driveway B UT to Richland Driveway perennial 2ft 20 0.0009
Creek construction
Total Stream Impact (by length and acreage) 40 0.0018
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.0018
Wetland Impact (acres): 0.0005
Open Water Impact (acres): NA
Page 4 of 8

Total Impact to Waters of the U.S. (acres) 0.00068
Total Stream Impact (linear feet): 40
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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. Impacts to streams and
wetlands cannot be avoided and are necessary to gain access to all parcels. All stream crossings
are perpendicular and each driveway will service two residences so that stream crossings and
associated impacts can be minimized (i.e. the two driveways will serve 41ots) .
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
Page 5 of 8

aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be 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/stnn~7ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the proposed impacts are less than 150 linear feet and less than 0.1 acres of
wetland impact we do not believe that mitigation should be required. If mitigation is
required the applicant proposes~ayment to the NC-EEP to satisfy mitigation requirements.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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)?
Page 6 of 8

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone , F ,~ Multiplier ,~,~,4,, +,
1 ~ 2683 ~ 3 (2 for Catawba) ~ NA
2 1620 1.5 NA
Total 4303 I I NA
* Zone ]extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
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. Given that the lot sizes range from 0.5 acres to approximately 1 acre, we
strongly believe that the site will contain less than 30% impervious surface. The applicant will provide
diffuse flow into the riparian buffers through the use of level spreaders.
Page 7 of 8

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.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
As stated by the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
October 3, 2002, version 1.6 prepared by the North Carolina Division of Water Quality st
residential subdivisions are unlikely to require a cumulative impacts analysis. The Trenton Road
Subdivision does not meet any of the three criteria of private development projects that can
clearly result in cumulative impacts. In order to protect downstream water qualit~pplicant
will provide diffuse flow into the riparian buffer, as per the Neuse Riparian Buffer Rules.
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).
NA
/ ~/ ~
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 11, 2005
DWQ EXP# OS-1496
Wake County
Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Parkway
Cary, NC 27511
Subject Property: Trenton Road Tract
UT to Richland Creek
~~~EIVED
AUG 1 5 2005
V~ITHERS & RAUENEI.
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B .0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Preuninger:
On August 11, 2005, at your request I conducted an on-site determination to review four features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "A, B, C, and D" on the attached maps initialed by me on
August 11, 2005.
The Division of Water Quality (DWQ) has determined that the features labeled as "A, B
and C" on the attached maps are subject to the Neuse Buffer Rule, the origins of each
feature has been delineated and identified in the field as the following:
^ Feature A: this feature starts at flag #04;
^ Feature B: this feature starts at new flag #100;
^ Feature C: this feature starts at flag #30;
^ Feature D is not subject to the Neuse Buffer Rules.
These stream features and their associated buffers should be identified on any future plans for
this property. The owner (or future owners), should notify DWQ (and other relevant agencies)
of this decision in any future correspondence concerning this property. This on-site
determination shall expire five (S) years from the date of this letter.
Landowners or affected parties that dispute a determination made by DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the riparian area protection rules
(buffer rules) may request a determination by the Director. This request shall be referred to the
Director in writing c/o Ms. Cyndi Karoly, DWQ 401/Wetlands Unit, 2321 Crabtree Blvd., Suite
250, Raleigh, NC 27604-2260. Individuals that dispute a determination by DWQ 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. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
One _ _
ivo n~arouna
401 Oversight/ Express Review Permitting Unit atut'a!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Todd Preuninger
Page 2 of 2
August 11, 2005
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 Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This determination is final
and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the Riparian Area Protection Rules and does not
approve any activity within the buffers. Nor does this letter approve any activity within Waters
of the United States or State. If you have any additional questions, or require additional
information, please contact Cynthia Van Der Wiele at 919.715.3473.
Sincerely,
~~~ ~~
Alan W. Klimek, P.E.
AWK/cvdw
Attachments: Wake County Soil Survey map
USGS Quad map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Filename 051496TrentonRd(Wake)EXP+origin

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WITHERS ~`~~ RAVENEL "
F N (i I N F k H y I Y L A N N F k y ~ y U N Y F Y () k y Q ~ •~00 2.U~U 4.~OQ WE
111 MacKenan Drive Cary, North Carolina Feet
telephone: [phone] www.withersravenel.com r•.vt• 0 ~ ~ ~ l~ }~ S

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200520875 County: Wake U.S.G.S. Quad: Raleigh West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Five Star Developers, Inc.
Attn: Jeff Smerko
Address: 105 Ouail Ridge Road
Wilmington, NC 28409
Telephone No.: 910-232-4375
Size and location of property (waterbody, road name/number, town, etc.) The property (Trenton Road Site) is
located east of Trenton Road, app. 1500 feet north of US I-40, in Raliegh, Wake County, NC. This
Jurisdictional Determination supercedes the determination dated 5/26/05.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be Wetlands and Streams on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are Wetlands and Streams on the above described property subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
We strongly suggest you have the Wetlands and Streams on your property delineated. Due to the size of
your property and/or our present workload, the Corps may not be able to accomplish this wetland
delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be
considered final, any delineation must be verified by the Corps.
_ The Wetlands and Streams on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should
be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all
areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, maybe relied upon for a period not to exceed five years.
X The Wetlands and Streams have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on February 25, 2006. Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination maybe relied upon for a period not to exceed five years
from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (LAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: c ~~
Corps Regulatory Official: Monte Matthews
Date February 25, 2006 Expiration Date February 25, 2011
Page 1 of 2

Action Id. 200520875
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Monte Matthews at
919-876-8441 x30.
Basis For Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and are adiacent to UT of Richland Creek. The property also contains stream channels
that exhibit an Ordinary Hieh Water Mark as indicated by changes in soil character anal absence or
terrestrial vegetation and are hydrolo~ically connected to Richland Creek in the Neuse River Basin.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by April
25, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Drive
Cary, NC 27511

._ _, ,
>NOTIFICATION OF ADNIINISTKATIUEAPPEAL OPTIONS .~N1~ 1'PC)C:I/SS ?,l~I)
.
_
,
REQUESTFOR'APPEAL _ -'

Applicant: Five Star Developers, Inc.
File Number: 200520875 - -
Date: February 25, 2006
Attn: Jeff Smerko
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission
PROFFERED PERMIT (Standard Permit or Letter of ermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - Thefollowing identifies your rights-and options regarding an administrative appeal of the above
decision. Additional information maybe found at http`//www.usace.ariny.mil/inet/functions/cw/cecwo/rep or
Co s re lations at 33 CFR Part 331:
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - RE VEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR UESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
andlor the appeal process you may contact: may also contact:
Monte Matthews Mr. Michael F. Bell, Administrative Appeal Review
6508 Falls of the Neuse Road Officer
Suite 120 CESAD-ET-CO-R
Raleigh, NC 27614 U.S. Army Corps of Engineers, South Atlantic Division
919-876-8441 x30 60 Forsyth Street, Room 9M15
Atlanta, Geor is 30303=8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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k hereby grant Withers ar~d Ravenel, iNC permission to conduct environmental
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Ravenel to act ®n my behalf as my agent when conducting site meetings and/or
c~arrespor~dence (i.e_ permit applications etc.} with the I.ISACE and the NC - [division
of Water Quality, if -~ecessary,
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