20041434 Ver 2_Modifications_20060811

Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
DWQ Project # 04-1434
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Plan Refinement for Highland Oaks Subdivision
Cary, NC
On September 8, 2004 NC DWQ authorized the use of General Certification 3402 and issued an
Authorization Certificate per the Neuse River Buffer Protection Rules for the above-mentioned project.
The US ACOE also authorized the use of the Nationwide Permit 39 on December 10, 2004 for the
development of the Highland Oaks Subdivision. Construction has already begun for this project.
The area depicted on the attached map originally proposed the use of a 1401inear foot level spreader to
achieve diffuse flow per the Neuse Buffer Rules. The topography of this area now precludes a level
spreader of that length being used (i.e. it will not fit between the two existing ephemeral "draws" noted on
the plans) in order to achieve an appropriate "non-erosive" discharge rate. An alternative design being
proposed and shown on the attached map will consist of a Preformed Scour Hole in combination with an
earthen level spreader, 80 linear feet in length. We have also attached a letter from ETD Engineering that
documents these field constraints and the proposed solutions.
We are requesting an approval in writing stating that NC DWQ agrees with the proposed changes.
If you have any questions, please feel free to contact me.
~- Sincerely,
_ _._..
.~ ~~~
Nicole J. Thomson n
Regulatory Specialist D ~~~ "~ ~`,`~
~.
Attachments: Al ~ r 1 L~ 206
Elam Todd d'Ambrosi Memorandum U U
Revised preformed scour hole site plan
US ACOE 404 Approval, Action ID #200421553 OENR - WATER t;,9uAl"1°f ~,
NC DWQ 401 Approval, Project # 04-1434 ~'(~gr1DS AND S1afi1~ATER 61~.av
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]
August 11, 2006
S&EC Project # 7893
ACOE Action ID # 200421553

ELAM TODD d' AMBROSI
URBAN PLANNING /LANDSCAPE ARCHITECTURE
CIVIL ENGINEERING /LAND USE CONSULTING
July 27, 2006
Memorandum
To: Sean Clark
From: Susan Hobbs, P.E.
Subject: Request for Preformed Scour Hole Use
Pulte - High House Road (Highland Oaks)
Recently our representative with Pulte Homes informed us of a:problem on~our
plans. We call out the use of a 140 LF level spreader to provide diffuse flow
for the outlet FES #45. The computed discharge rate at this outlet is 10.7
cfs for the 10-year storm. This level spreader will not fit in the area
intended for several reasons.
The existing topography consists of two draws that tie into one jurisdictional
stream. The two draws are not buffered. These two draws make putting a 140
LF level spreader along natural ground impossible.
As an alternative design we propose to use a preformed scour hole in
combination with a conventional. level spreader. Please see the attached plan
for more detail. We have shown the scour hole depth to be 2 feet deep. We
have also added a natural ground 80 LF level spreader within Zone 2 to further
disperse the flow.
It is our opinion that these two dissipation measures, when used in series,
will adequately disperse the water to provide diffuse flow through the Neuse
River Buffer as required by DWQ.
2601 WESTON PARKWAY SUITE 203 GARY, NORTH CAROLINA 27513 USA
(OFFICE) 1 .91 9. 6 7 8.10 71 (F A X) 1 .919.6 7 8.12 9 0
(EMAIL) etd~bellsouth.net

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200421553
County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Pulte Homes
Attn: Alan Hill
Mailing Address: 401 Harrison Oaks Avenue, Suite 250
Cary, North Carolina 27513
Authorized Agent: Soil & Environmental Consultants, PA
Attn: Sean Clark
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone No.: [phone]
Telephone No.: [phone]
Location of property (road name/number, town, etc.): The property is approximately 54 acres in size and located on
the north side of High House Road (SR 16161 approximately 0.5 toile west of its intersection with Maynard Road. in
Cary, Wake County, North Carolina.
Site Coordinates: 35.786544 °N 78.817497 °W USGS Quad: Cary, NC
Waterway: Turkey Creek River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes
excavation, installation of a culvert, and placement of fill material to construct the Highland Oaks- Subdivision.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide Hermit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,, s_~ispend or revoke the authorization.
Activities subject to Section 404 (as indicated above). may also require an i.idividual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Burdette at telephone [phone], egt 22.
Corps Regulatory Official Q• X~
Copy Furnished: //~ / Dy
Date: 10/10/2004 Verification Expiration Date: 10/10/2006
Page 1 of 2
..._

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the US and/or wetlands within the above described project area 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 maybe relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 09/03/2003 (Action ID: 200321392.).
Basis of Jurisdictional Determination:
~.zx~o4
Corps Regulatory Official Date: Determination Expiration Date:
Summary of Authorized Impacts and Required Mitigation
Action ID NWP / GP O en Water (ac) Wetland ac) Unim ortant Steam (1f) Im ortant Stream (1
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200421553 39 145

Im act Totals 0 0 0 0 0 0 0 145
Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (lf) 145
Re uired Wetland Mitigation (ac) 0 Re uired Stream Mitigation (lf) 0
Additional Remarks and/or Special Permit Conditions:
* Please note that the permit verification and expiration date reflect the day the work was authorized due to lapse
of 45-day review as outlined in the PCN notification requirements -see Condition 13, 67 Fed.Reg. 2090 (January
15, 2002).
Regional Conditions
For all NWPs that involve construction of culverts, measures will be included in the construction that will
promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the
dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modit"ied by
widening ±lte stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in„diameter. For culverts 48 inches in diameter
or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of
the diameter of the culvert.
Page 2 of 2

O~OF W A ~~~pG
r
~ ~
G1 .r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 8, 2004
Pulte Homes
Attn: Alan Hill
401 Harrison Oaks Avenue, Suite 250
Cary, NC 27513
Subject Property: Highland Oaks Subdivision, Cary, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1434
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
Deaz Mr. Hill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact .145 feet of streams and 13,995 squaze feet (ftZ) of protected riparian buffers for the purpose of
constructing a residential subdivision at the subject property, as described within your application dated August 27,
2004 and received by the N.C. Division of Water Quality (DWQ) on August 27, 2004. After reviewing your
application, we have decided that the impacts aze covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permits) 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. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below._
The Additional Conditions of the Certification are:
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non~rosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
~turallr~
An Eaual Oonorfun'~tvlAffirmativa Artinn Fmnlnvar - Fn% Rarvr11or1H n% Pnst Cnneumnr Par,nr

Pulte Homes
Page 2 of 3
September 8, 2004
Amount Approved
(Units). Plan Location or Reference
Stream 145 (feet)
Buffers 13,995 (s uaze ft.)
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 corilply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
4. 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..
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the-Division of Land
Resources has released the project.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or
LAMA 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

Pulte Homes
Page 3 of 3
September 8, 2004
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as
provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
AWK/bs
Enclosures: GC 3402
Certificate of Completion
. Klime , P.E.
cc: Sean Clark, S&EC
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 04-1434 Highland Oaks Subdivision (Wake) 401
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