20120471 Ver 2_401 Application_20140514

Stantec
Transmittal
Stantec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606 -3394
Tel: [phone]
Fax: [phone]
To: Sir /Madam
Company: NC Division of Water Quality,
From: Melissa Ruiz
❑ For Your Information
0 For Your Approval
❑ For Your Review
❑ As Requested
Reference: NC 55 Roadway Improvements (Kit Creek Culvert) — 401/404 Permit
Application
Attachment:
Copies
401 & Buffer Permitting Unit
Address:
512 North Salisbury Street
5
Archdale Building — 9th Floor
Raleigh NC, 27604
Phone:
919- 807 -6300
Date:
April 30, 2014
File:
NC 55 Roadway
Improvements (Kit Creek
1
Culvert)
Delivery:
Fed Ex
From: Melissa Ruiz
❑ For Your Information
0 For Your Approval
❑ For Your Review
❑ As Requested
Reference: NC 55 Roadway Improvements (Kit Creek Culvert) — 401/404 Permit
Application
Attachment:
Copies
Doc Date
Pages
Description
5
4/28/2014
NC 55 Roadway Improvements (Kit Creek
Culvert) — 401/404 Permit Application Packet
2
4/28/2014
Full sized planset (impact drawings, existing
conditions, roadway plans)
1
4/28/2014
1 CD (PDF copy of application)
1
4/28/2014
Permit fee check ($240.00)
STANTEC CONSULTING SERVICES INC.
Melissa Ruiz
Associate
Tel: [phone]
Fax: [phone]
[e-mail]
c. David Shaeffer, USACE
One Team. Infinite Solutions.
aeb u:\ 171001367\ transportation\ design \environmental \permit \kit creek culvert\2014 \final \dwqtransmittal.docx

Stantec
April 30, 2014
Stantec Consulting Services Inc.
801 Jones Franklin Road, Suite 300
Raleigh NC 27606 -3394
Tel: [phone]
Fax: [phone]
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
Dear Sir /Madam,
Reference: NC 55 Roadway Improvements (Kit Creek Culvert) 401/404 PCN
Please find the attached Pre - construction Notification (PCN) Form and supporting documentation to apply
for a Nationwide Permit (NWP) No. 14 for the NC 55 Roadway Improvements (Kit Creek Culvert) in Cary,
NC.
This project proposes a culvert extension of an existing box culvert on the NC Highway 55 road crossing of
Kit Creek, the addition of a southbound travel lane in the immediate vicinity and installation of guardrails.
The extra lane and culvert widening are required by the Town of Cary. The project corridor is located in
Wake County and consists of existing, maintained right -of -way along with forested areas.
A wetland delineation was completed by Stantec in 20og. Three floodplain wetlands were identified and the
delineation was approved in July of 20og. The project was previously permitted in 2012 based on
application by the Town of Cary but no work was done under the permit.
Wetland impacts 2 and flare permanent impacts as a result of fill slope. Wetland impacts 1, 3 and 5 are
temporary impacts associated with construction access. Stream impact 1 is a permanent impact to Kit
Creek, a perennial stream, as a result of the culvert installation. Stream impact 2 is temporary in order to
stabilize banks and also occurs on Kit Creek. Buffer impacts 1 and 3 occur in the NCDOT right -of -way and
occur as a result of the culvert extension. Buffer impacts 2 and 4 are temporary and will be revegetated upon
completion of construction.
The PCN packet contains the PCN form, vicinity map, USGS topoquad map, soils mapping, site maps
showing the impact area, agent authorization, previous permits, and previous JD documentation. Please
contact me if you have any questions.
Regards,
STANTEC CONSULTING SERVICES INC.
Melissa Ruiz, PWS
Associate
Phone: [phone]
Design with community in mind

(3
April 30, 2014
Page 2 of 2
Reference: NC 55 Roadway Improvements (Kit Creek Culvert) 401/404 PCN
Fax: [phone]
[e-mail]
Attachment: 5 copies PCN packet (including 11x17 plan sheets)
2 copies full size set of plan sheets
1 CD of permit materials (PDF)
Design with community in mind

NC 55 Roadway Improvements (Kit Creek Culvert)
401/404 Pre - Construction Notification
Owner. KRG /PRISA II Parkside, LLC c/o Kite Realty
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
David George, PE
Agent: Stantec Consulting Services, Inc.
801 Jones Franklin Road, Suite 300
Raleigh, NC 27606
Melissa Ruiz, PWS
�i Stantec
April 30, 2014

NC 55 Roadway Improvements (Kit Creek Culvert)
401/404 Pre - Construction Notification
April 30, 2014
Table of Contents
1. Pre - Construction Notification (PCN) Form
2. Agent Authorization
3. Project Maps
a. Vicinity Map
b. USGS 1:24,000 Topo Map
c. NRCS Soil Survey Map
4. 2012 NC55 Kit Creek Culvert USACE and NCDWQ 404/401 Approvals
Documentation
5. Kit Creek Floodplain (Stantec) 2009 JD approval and map
6. No Rise Certification
7. 11x17 Impact Maps
8. 11x17 Plan Sheets

o _r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes NX No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
NC 55 Southbound Lane Addition (Kit Creek Culvert)
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
NCDOT Right -of -Way
3b.
Deed Book and Page No.
n/a
3c.
Responsible Party (for LLC if
applicable):
David George, PE, Kite Realty Group
3d.
Street address:
30 South Meridian Street, Suite 1100
3e.
City, state, zip:
Indianapolis, IN 46204
3f.
Telephone no.:
314- 713 -5600
3g.
Fax no.:
314- 577 -7879
3h.
Email address:
dgeorge @kiterealty.com
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
X❑ Agent ❑ Other, specify:
4b.
Name:
see below
4c.
Business name
(if applicable):
see below
4d.
Street address:
see below
4e.
City, state, zip:
see below
4f.
Telephone no.:
see below
4g.
Fax no.:
see below
4h.
Email address:
see below
5.
Agent /Consultant Information (if applicable)
5a.
Name:
Melissa Ruiz, PWS
5b.
Business name
(if applicable):
Stantec Consulting Services, Inc.
5c.
Street address:
801 Jones Franklin Road, Suite 300
5d.
City, state, zip:
Raleigh, NC 27606
5e.
Telephone no.:
919- 865 -7529
5f.
Fax no.:
919 - 851 -7024
5g.
Email address:
melissa.ruiz @stantec.com
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
NCDOT Right of way (n /a) & Town of Cary (0736055402)
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.853381 Longitude: - 78.894662
1 c.
Property size:
acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Kit Creek
2b.
Water Quality Classification of nearest receiving water:
WS -IV NSW
2c.
River basin:
Cape Fear
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The majority of the project will take place within the existing NCDOT right of way for NC55. The right of way consists of existing roadway and grassed
shoulders. Temporary impacts will occur within a temporary construction easement on a Town of Cary parcel that consists of forest. The surrounding
area contains forest as well as residential and commercial properties.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.07 acres (project area)
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 123 ft (project area)
3d.
Explain the purpose of the proposed project:
The
purpose of the project is to accommodate existing traffic congestion on NC55.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The
proposed improvement will include a culvert extension of an existing 10'x11' box culvert at Kit Creek, road widening with asphalt in the vicinity of
the
culvert, and guardrail replacement. Equipment to be used includes excavators, backhoes, and asphalt pavers. All appropriate sediment and erosion
control measures will be implemented and monitored throughout construction.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
❑X Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments: study area overlaps with JD
project (including all prior phases) in the past?
approved for SAW- 2012 -01576
4b.
If the Corps made the jurisdictional determination, what type
El Preliminary ❑Q Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Stance Consulting Services
Name (if known): Amber Coleman and Melissa Ruiz.
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE 200704171 July 15, 2009 (approved JD attached).
5.
Project History
5a.
Have permits or certifications been requested or obtained for
❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
An application was submitted to USACE on May 10, 2012 and subsequent permit issued on June 23, 2012 to the Town of Cary for the culvert
expansion
as well as the addition of a southern lane on NC55 from Kit Creek Road to NC 540 NC55 (SAW- 2012 - 01819). An application was submitted
to NCDWQ on May 10, 2012 and subsequent permit issued on May 22, 2012 ( NCDWQ Project No. 20120471, WQC 3886). No work was done on the
site.
Since that time, the Town has asked Kite Realty Group to complete the culvert expansion.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
yes, explain.
EIf na
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams — tributaries ❑X Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 T
Fill and Hand Clearing
Bottomland Hardwood Forest
Yes /No
Corps
0.01
W2 P
Fill
Bottomland Hardwood Forest
Yes /No
Corps
0.02
W3 T
Fill and Hand Clearing
Bottomland Hardwood Forest
Yes /No
Corps
0.02
W4 P
Fill
Bottomland Hardwood Forest
Yes /No
Corps
0.01
W5 T
Fill and Hand Clearing
Bottomland Hardwood Forest
Yes /No
Corps
0.02
W6 -
Yes /No
2g. Total Wetland Impacts:
0.08
2h. Comments:
Wetland impacts are due to widening of NC 55 at Kit Creek and the temporary construction access.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Kit Creek
PER
Corps
43
15
S2 T
Culvert Outlet
Kit Creek
PER
Corps
39
67
3h. Total stream and tributary impacts
82
3i. Comments:
Stream impacts are due to widening of NC 55 at Kit Creek.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
n/a
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments: n/a
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no: n/a
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑X Other:.lordan Lake
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
131 P
Culvert
Kit Creek
Yes /No
1471
1008
B2 T
Culvert
Kit Creek
Yes /No
559
781
B3 P
Culvert
Kit Creek
Yes /No
1298
999
B4 T
Culvert
Kit Creek
Yes /No
927
1330
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
4255
4118
61. Comments: All buffer impacts are due to stream crossings.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project uses 2:1 slopes in order to avoid parallel impacts to buffers and wetlands. A forest revegetation plan has been developed to restore the
impacted buffers outside of the DOT right -of -way. A hydraulic analysis was conducted in order to appropriately design the culvert size thereby
minimizing impacts to streambanks. All practical measures have been taken to avoid and minimize impacts to the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Typical sediment and erosion control measures will be used on site. Silt fences and temporary sediment basins will be utilized to prevent sediment
from entering streams and wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: n/a
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
n/a
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linearfeet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non - riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
n/a
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
n/a
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Diffuse flow is being achieved by discharging runoff from the new road surface into existing conveyances
to the buffers. No discharge this
❑ Yes ❑X No
prior
reaching stream new stormwater points are associated with project.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
The project is a linear public
transportation roject%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Stormwater from the short section of new road surface will discharge into existing conveyances prior to reaching the stream buffers. There will be no
new stormwater discharge points or areas of concentrated flow.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Cary
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Cary
❑ Phase II
3b.
Which of the following locally - implemented stormwater management programs
❑X NSW
❑ USMP
apply (check all that apply):
❑X Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑X Yes
❑ No
use of public (federal /state) land?
1b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes
❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.) Roadway improvements are not being funded by public money but will be turned over
Comments: to NCDOT for public use. (This project is not ultimately a private use on public land).
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1 300), DWQ Surface Water or Wetland Standards,
❑Yes
X❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
❑Yes
X❑ No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
n/a
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
X❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project is based on traffic studies conducted by the Town of Cary which showed road widening was necessary to increase
safety and relieve
existing congestion. This area is in a high growth region and will likely grow regardless of the extension of the road culvert.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater
generated from
the proposed project, or available capacity of the subject facility.
No
wastewater will be generated as a result of the roadway improvement project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes X❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program Virtual Workroom was reviewed on July 2, 2013. No federally protected species or designated critical habitat occur
within 2 miles of the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
1998 Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery
South Atlantic Fishery Management Council Habitat and Ecosystem Atlas (http: // ocean. floridamarine.org /safmc_ atlas /)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office GIS Web Service http: / /gis.nedcr.gov /hpoweb/ accessed 2/20/2014
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
A CLOMR was completed by the Town of Cary for this project. The current project meets the requirements of the approved
CLOMR. (See attached No Rise approval letter)
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program
Melissa Ruiz
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

AGENT AUTHORIZATION
The undersigned, being duly authorized to execute this instrument for and on behalf of KRG/PRISA II
PARKSIDE, LLC, a Delaware limited liability company ( "KRG "), hereby designates and authorizes
Stantec Consulting Services, Inc. ( "Agent ") to act on behalf of KRG, as the agent in the processing
of applications for all necessary permits issued by the North Carolina Division of Water Quality
( "NCDWQ ") and the US Army Corps of Engineers ( "USACE ") involving the NC55
Improvements Project, and to furnish, on request, supplemental information in support of
any such application(s). In addition, the undersigned hereby authorizes Agent to bind KRG and to
perform any requirement which may be necessary to procure permits issued by NCDWQ and USACE.
The undersigned confirms that each of the representations made herein is true, and that the
undersigned intends that each such statement shall be construed as a representation made on
behalf of KRG and for the purposes described above.
By:
Name: as K. McGowan�`�
Its: Chief Operating Officer .1�L
STATE OF INDIANA )
)SS
COUNTY OF )
Before me, a Notary Public, in and for the State of Indiana, personally appeared Thomas K.
McGowan, Chief Operating of KRG /PRISA II PARKSIDE, LLC, a Delaware limited liability
company, who, being duly authorized, acknowledges the execution of the foregoing instrument,
and states that any representations contained herein are true.
Witness my hand and official seal, this day of � a WU Jq
JENNIFER l KELLER
flF�r
Noiory Public, State of �rdi,nnc
#EAR +
Hancock County
Commission # 642883
#� 1`
My Commission Expires
March 1$, 2021

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE
Governor Director
RECEIVED
MAY 2 9 2012
Dee Freeman
Secretary
May 22, 2012
Wake County
NCDWQ Project No. 20120471
NC 55 Southbound Lane at NC 540
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Tim Bailey, PE, Director of Engineering
Town of Cary
316 North Academy Street
Cary, NC 27511
Dear Mr. Bailey:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
adding a southbound lane to NC 55 at NC 540 in Wake County:
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill in Perennial Stream linear ft
Total Stream Impact linear ft
5
108
108
Total
108
108
Total Stream Impact for Project: 108 linear feet.
Wetland Imnacts in the Cane Fear River Basin
Site
Permanent Fill ac
Tem orar Fill ac
Total Wetland Impact ac
2
0.010
0.014
0.024
Total
0.010
0.014
0.024
Total Wetland Impact for Project: 0.024 acres.
Jordan Riparian Buffer Impacts
Site
Zone 1
minus
= Zone 1
Zone 1 Buffer
Zone 2
minus
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigation
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone 1
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3:1 ratio)
1
(sq ft)
wetlands)
1.5:1 ratio)
s ft
5
8193
0
8193
N/A
3990
0
3990
N/A
7
0
0
0
N/A
185
0
185
N/A
Totals
8193
0
8193
0
4175
0
4175
0
» n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 12,368 square feet.
Transportation and Permitting Unit
1650 Mail Servioe Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet www.ncwaterauality.ora
An Equal opportunity 1 Affrmalive Action Employer
NorthCarolina
Naturattr,

The project shall be constructed in accordance with your application dated received May 10, 2012. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Jordan Riparian Buffer Rules (15A NCAC 213.0267). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in ISA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 213.0268. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition s of Certification:
1. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
2. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
Transportation maintenance activities including mowing. The area with non - maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction.
4. Pursuant to 15A NCAC 213.0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan
Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control
devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion
control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge
is released as diffuse flow.
5. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
S. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
9. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.

11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on -site project
manager.
18. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this certification.
19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
21. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the
401 Certification has been completed.
22. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction.
23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.

25. 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.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) - 733 -2698, Facsimile: (919) - 733 -3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919 - 807 -6403.
Sincerely,
n
Charles Wakild
Director
Cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
NCDWQ Raleigh Regional Office
Todd St. John, Kimley -Horn & Associates
File Copy

NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
1, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.

Water Quality Certification No. 3886
Water Quality Certification Number 3886 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B.0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations
(Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 9.5 -217
if conducted in accordance with the conditions hereinafter set forth.
Any proposed fill or modification of wetlands and /or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality
except for the single family lot exemption described below.
Activities meeting anyone (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a) Any temporary or permanent impacts to wetlands, open waters and /or streams, including
stream relocations, except for construction of a driveway to a single family lot as long as
the driveway involves less than 25 feet of temporary and /or permanent stream channel
impacts, including any in- stream stabilization needed for the crossing; or
b) Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program
(such as, but not limited to, Coastal Counties, HQW, ORW or state - implemented Phase it
NPDES) or a certified community's stormwater program; or
c) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B4O200); or
d) Any impacts to streams and /or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
Water Quality Certification No. 3886

Water Quality Certification No. 3886
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
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, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self - monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
Inspection log sheets, and other information may be found at
htto:l /oortal.ncdenr.oro /web /wq /ws /su /npdessw#tab -v✓ .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post -larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre - treated through site - appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation, requirements shall be made for any
General Water Quality Certification for this Nationwide and /or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and /or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -Ileu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A- Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5 %, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site - specific topographic constraints preclude the ability to bury the culverts as
described above and /or It can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
18. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. if this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
httOlportal.ncdenr.orq /web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the
sample deed notification may be modified as appropriate to suit to a specific project
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
25. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
26. Additional site - specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non- compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publids best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
�Vn
Charles Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3886 issued March 12, 2012 replaces
WQC Number 3820 issued April 6, 2010; WQC Number 3627 issued March 2007; WQC Number
3404 issued March 2003; WQC Number 3375 issued March 18, 2002; WQC Number 3289 issued
June 1, 2000; WQC Number 3103 issued February 11, 1997; WQC Number 2732 issued May 1,
1992; WQC Number 2666 issued January 21, 1992; WQC Number 2177 issued November 5,
1987. This WQC is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality,
Water Quality Certification No. 3886 8

Water Quality Certification No. 3886
Attachment A: 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
I. Non- Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non - erosive velocity prior to
entering the stream or wetland during the peak flow from the ten -year storm.
Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non - jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant materia1.3
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity."
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Counties, HQW, ORW or state - implemented Phase 11NPDES, or a Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plan .5
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. A site is low density if all the following requirements are met:
The development has a built upon area of twenty -four percent (24 %) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24 %, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.e
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3886

Water Quality Certification No. 3886
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B.0202(60).'
b. High Density. Projects that do not meet the Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty -five percent (85 %) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30 %) of Total Nitrogen (TN) and Total Phosphorus (TP).'
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manuai.e
3. DWQ may add specific stormwater management requirements on a case -by-
case basis in order to ensure that a proposed activity will not violate water quality
standards,"
4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development: A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1) -(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mail Service Center, Raleigh, NC 27699- 1650.
i. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW,
ORW or state - implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site.13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site .5
iii. Projects Not Covered Under Items (i) or (ii). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items.13
Water Quality Certification No. 3886 10

Water Quality Certification No. 3886
b.. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is proposed. 13
iv. Phasing. Stormwater management plans may be phased on a case -by -case basis, with
the submittal of a final stormwater management plan per Items (I)-(iii) above required for
the current phase and a conceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must be constructed and operational
before any permanent building or other structure associated with that phase is
occupied. 4
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record - keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and
approvaLl5
1 The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0606(b)(5) and
(c)(5).
2 Non erosive discharge rates are required in SL 2008 - 211 §2(b)(1). The 10 -year design storm
standard is codified in 15A NCAC 02H .1008(0(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC
02H .1006(2)(c) and .1007(1)(a).
4 Construction and maintenance of the stormwater plan is necessary to satisfy - 16ANCAC 02H --
.0506(b)(5).
5 Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
6 Low density built upon area thresholds are set in SL 2006- 246 §9(c) and SL 2008- 211 §2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006 - 246 §9(c), SL 2008 - 211 §2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
5 85% TSS removal is required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC 02H
.1006(2)(c), 15A NCAC 02H .1007(1)(a). The 30% TN and TP removal requirements for NSW
waters are set forth in 15A NCAC 0213 .0232, 15A NCAC 0213.0257(a)(1), 15A NCAC 02B
.0265(3)(a) and 15A NCAC 02B.0277(4).
9 The Stormwater BMP Manual is also referenced in 15A NCAC 026.0265(3)(a) and .0277(4)(e).
70 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
11 The LID Toolbox . is also referenced in 15A NCAC 02B .0277(4)(g).
t2 The term "public road project" is defined in 15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
14 Phased development is addressed as a "common plan of development" in 15A NCAC 02H
.1003(3).
16 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No. 3886 11

From:
Alsmeyer, Eric C SAW
To:
Eric Simpson
Cc:
Todd. StJohnCalkimley- horn.com
Subject:
RE: NC 55 Southbound Lane Addition 404 Permit /AID SAW- 2012 -01819 (UNCLASSIFIED)
Date:
Thursday, November 08, 2012 3:46:54 PM
Attachments:
imaae003,ioa
NWP14 3- 23.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Simpson: On 5/10/2012, the US Army Corps of Engineers, Wilmington District received
your pre - construction notification application (PCN) for your intent to widen NC 55 to add a
southbound lane, from Kit Creek Road to NC 540, in Wake and Durham Counties, North
Carolina. Your notification indicated that you intend to extend an existing 10'X11' box
culvert at Kit Creek, impacting 108 linear feet of stream and 0.02 acre of wetlands.
Based on the information provided in your application, your work is authorized by
Nationwide Permit (NWP) 14 for Linear Transportation Projects. Due to workload and
staffing constraints, we were unable to provide timely formal written verification for impacts
proposed in your PCN. Nationwide permit general condition number 31 states that "The
prospective permittee shall not begin the activity until either: (1) He or she is notified in
writing by the district engineer that the activity may proceed under the NWP with any special
conditions imposed by the
district or division engineer; or (2) 45 calendar days have passed from the district engineer's
receipt of the complete PCN and the prospective
permittee has not received written notice from the district or division engineer."
Accordingly, on 6/23/2012, the Town of Cary waa authorized to conduct the work associated
with widen NC 55 to add a southbound lane, from Kit Creek Road to NC 540, under
Nationwide Permit 14, provided it is accomplished in strict accordance with the attached
conditions and your submitted description. Any violation of the attached conditions or
deviation from your submitted description may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action. Attached is a copy of the NWP 14 and the
applicable permit conditions. If the nationwide permit authorization expires or is suspended,
revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the nationwide permit, will
remain authorized provided the activity is completed within twelve months of the date of the
nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization. The
Action Identification Number for this project is SAW- 2012 - 01819.
This response to your notification does not relieve the permittee of the responsibility to
obtain any other required Federal, State or local approvals /permits.
Please let me know if you have any questions regarding this permit or the conditions. You
can call me at telephone [phone], ext 23 or contact me via e -mail at
eric.c.alsmeyernusace. army. mil.
The Wilmington District is committed to providing the highest level of support to the public.
To help us ensure we continue to do so, please complete the Customer Satisfaction Survey

located at our website at http: / /12er2.nwp.usace.army.mil /surveys to complete the survey
online (Paper copies available upon request).
®❑
Eric Alsmeyer
Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Tel: [phone], x23
Fax: [phone] Regulatory Homepage: http: / /www.saw.usace.army.mil /WETLANDS
From: Eric Simpson [mailto: Eric. Simpson @townofcary.org]
Sent: Wednesday, November 07, 2012 11:32 AM
To: Alsmeyer, Eric C SAW
Subject: NC 55 Southbound Lane Addition 404 Permit
Hi Eric,
Kimley -Horn, Todd St. John, submitted a package on May 10, 2012 for a culvert extension on NC 55
at Kit Creek.
A 401 permit was issued on May 22, 2012 by DWQ. However, the 404 permit was not attached.
Do you have a copy that you could email or fax?
Thank you,
Eric
Eric W. Simpson, P.E.
Town of Cary - Traffic and Transportation Engineering Group
PO Box 8005
316 N. Academy Street
Cary, NC 27512 (PO Box) 27513 (physical address)
(919) 380 -4204
(919) 460 -4935 (fax)
In keeping with the NC Public Records Act, e- mails, and all attachments, may be released to others
upon request for inspection and copying without prior notification.
Classification: UNCLASSIFIED
Caveats: NONE

Applicant: KRG/PRISA H Parkside, LLC File Number: 200704171 Date: 07/15/2009
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of I A
PROFFERED PERMIT Standard Permit or Letter of perniissioo B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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 objpctions, 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 district 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 may be 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.
-/
Y
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.
�P3 MRI7
If you only have questions regarding the appeal process you
If you have questions regarding this decision
and/or the appeal process you may contact:
may also contact:
Crystal Amschler
Ms. Jean Manuele
Raleigh Regulatory Field Office
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Wake Forest, NC 27587 _
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
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303 -8801

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 may be 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
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands were determined using the Corps 1987 delineation manual. Streams were
identified utilizing ordinary high water mark as identified in the field.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. if you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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 following address:
District Engineer, Wilmington Regulatory Division
Attn: Jean Manuele, Field Office Chief,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 District 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 9/13/2009.
* *It is not necessary to submit an RFA form to the District Offi if you do not object to the determination in this correspondence. **
Corps Regulatory Official:
Date 07/15/2009 Expiration Date 07/15/2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Stantec Consulting Services, Inc
Attn: Amber Coleman
801 Jones Franklin Rd, Suite 300
Raleigh, NC 27606

V I C I N I T Y M A P
NTS
I, F. REX COOPER, CERTIFY THAT THIS MAP WAS PREPARED IN PART
FROM AN ACTUAL FIELD SURVEY OF THE WETLANDS AND MAPS AS
REFERENCED HEREONI THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN
AS BROKEN LINES AND THAT THE COORDINATES SHOWN ARE NC GRID -
NAO83. WITNESS MY HAND AND SEAL THIS 28TH DAY OF APRIL, 2009.
IONAL LAND SURVEYOR
L -4269
NOTES:
1) THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE OPINION
AND DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR.
2) BOUNDARY INFORMATION SHOWN HEREON WAS PREPARED IN PART FROM
AN ACTUAL FIELD SURVEY BY THIS FIRM AND IN PART FROM EXISTING
RECORDS AS REFERENCED HEREON.
3) COORDINATES SHOWN ON THIS MAP ARE NC GRID -NAD 83 AND WERE
OBTAINED USING MAPPING GRADE TRIMBLE GPS RECEIVERS POST -
PROCESSED USING TRIMBLE PATHFINDER SOFTWARE.
4) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE
NOTED.
5) TOTAL A, B, C COMBINED WETLAND ACREAGE = 0.27 ACRES
U
N
TOWN OF CARY
DB 3429 PG 607
PIN *0736055402
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
"I1TLTi!_ :1,31
0.07 ACRE
2016 1
2018'%`
WETLANDS
B
O 2019
0.03
X
a,
Z`
i
X
-a
z
t7
z
ac
LEGEND,
- -- --- -- - - - - --
x
R/W
DB
PG
NTS
RIGHT -OF -WAY LINES
WETLAND BOUNDARY
DELINEATION LIMIT
WETLAND FLAG
RIGHT OF WAY
DEED BOOK
PAGE
NOT TO SCALE
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404
of the Clean Water Act in the areas impacted by the present proposed activity, as determined by the
undersigned on this date. Other areas of jurisdiction may be present on the site but have not been
delineated. Unless there has been a change in the law or our published regulations, this determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This
determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual."
Name:
Title:
Date:
AID:
150.00' "'`lam
Kf CREEK
RESEARCH TRIANGLE FOUNDATION
OF NORTH CAROLINA
DB 3510 PG 534
PIN *0736154459
0
S
A
WETLAND POINTS
m
NORTHING
EASTING
X
2001
765455
H
A -01
2002
765484
2031102
A -02
z
765508
2031108
C)
2004
765511
2031124
A -04
2005
765500
2031140
,``�/1111ilt liii /II
2006
765451
2031111
A -06
2007
765399
2031105
A -07
2008
765403
2031088
A -08
2003 004
765386
- SEAL -
2005
2010
i 9 L'4
2031118
A -10
s
765360
2031160
-L
2002
765315
il%
A -12
2013
CC70
2031097
A -13
its 111 tit"
765320
2031085
A -14 -LAST
2015
765267
2031088
XI 2006
2016
765261
of
B -02
2017
F= I
2031164
B -03
W1
765256
2031146
21
2019
765226
�I
B -04
2020
�I
2031144
B -05
2008
765199
2031119
1 2007
2022
765163
FI
C -01
2023
765167
2031157
C -02
-n 1 2009
765116
PARTIAL AREA
C -03
2025
0.17 ACRES
2031143
C -05
2026
765103
2031155
C -04
I "+ 2011
I
j WETLANDS
Z
I A
c-)
I
I
t7l
l31
*1210, 14
2012
=
2013
ZF
TOWN OF CARY
DB 3429 PG 607
PIN *0736055402
GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50 ft.
"I1TLTi!_ :1,31
0.07 ACRE
2016 1
2018'%`
WETLANDS
B
O 2019
0.03
X
a,
Z`
i
X
-a
z
t7
z
ac
LEGEND,
- -- --- -- - - - - --
x
R/W
DB
PG
NTS
RIGHT -OF -WAY LINES
WETLAND BOUNDARY
DELINEATION LIMIT
WETLAND FLAG
RIGHT OF WAY
DEED BOOK
PAGE
NOT TO SCALE
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404
of the Clean Water Act in the areas impacted by the present proposed activity, as determined by the
undersigned on this date. Other areas of jurisdiction may be present on the site but have not been
delineated. Unless there has been a change in the law or our published regulations, this determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This
determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual."
Name:
Title:
Date:
AID:
150.00' "'`lam
Kf CREEK
RESEARCH TRIANGLE FOUNDATION
OF NORTH CAROLINA
DB 3510 PG 534
PIN *0736154459
0
S
A
WETLAND POINTS
NUMBER
NORTHING
EASTING
FLAG
2001
765455
2031084
A -01
2002
765484
2031102
A -02
2003
765508
2031108
A -03
2004
765511
2031124
A -04
2005
765500
2031140
A -05
2006
765451
2031111
A -06
2007
765399
2031105
A -07
2008
765403
2031088
A -08
2009
765386
2031099
A -09
2010
765365
2031118
A -10
2011
765360
2031160
A -11
2012
765315
2031166
A -12
2013
765312
2031097
A -13
2014
765320
2031085
A -14 -LAST
2015
765267
2031088
B -01
2016
765261
2031130
B -02
2017
765249
2031164
B -03
2018
765256
2031146
B -03 -NEW
2019
765226
2031156
B -04
2020
765212
2031144
B -05
2021
765199
2031119
B -06 -END
2022
765163
2031131
C -01
2023
765167
2031157
C -02
2024
765116
2031166
C -03
2025
765108
2031143
C -05
2026
765103
2031155
C -04
Stantec Consulting Inc.
Suite 300, 800 Jones Franklin Rd.
Raleigh NC U.S.A.
27606
Tel, 919.851.6866
Fax. [phone]
www.stantec.com
Copyright Reserved
The Contractor shall verify and be responsible for all dimensions. 00
NOT scale the drawing - any errors or omissions shall be reported to
Stantec Consulting Inc. without delay.
The Copyrights to all designs and drawings are the property of
Stantec Consulting Inc. Reproduction or use for any purpose other than
that authorized by Stantec Consulting Inc. is forbidden.
Consultants
Fac Name: 171000580- 090428.dgn..__._.._
Permit -Seal
ClienUProject
Title
Raleigh, NC U.S.A.
JLS FRC
Dwn, Chkd.
04.28.09
Dsgn. Date
• a ,•,
Project No. Scale
171000580 1 11=50'
Drawing No. Sheet
1 of 1
Revision
N

North Carolina Department of Public Safety
Emergency Management
Geospatial and Technology Management Office
Beverly Eaves Perdue, Governor H. Douglas Hoell, Jr., Director
Reuben F. Young, Secretary
March 22, 2012 RECEIVED
Dan Clinton
Town of Cary Stormwater Section MAR 2 6 2012
316 North Academy Street
Cary, NC 27513
Subject: Review and Response to No Impact Certification for NC 55 Culvert Extension over
Kit Creek (Basin 29, Stream 7), January 30, 2012"
Dear Mr. Clinton:
The North Carolina Department of Public Safety Division of Emergency Management
Geospatial and Technology Management Office (GTMO) National Flood Insurance Program
(NFIP) staff has reviewed the No Impact Certification prepared by Kimley Horn and
Associates, Inc., Larry D. Robinson, Jr., P.E., dated January 30, 2012, regarding the
proposed widening of NC 55 and the associated culvert extension along Kit Creek.
Based on the information provided, the GTMO NFIP review indicates the report meets the
requirements of the Federal Emergency Management Agency's (FEMA) guidance for a no-
rise certification, and the GTMO NFIP finds no objection to the findings of no increase in
base flood elevation or floodway elevation as contained in the report.
If you have any questions or concerns with the items herein, please feel free to contact Dan
Brubaker at (919) 715 -5711 x110, by email at [e-mail] or at the address
shown on the footer of this document.
Sincerely,
bi
net . Asher P.E., CFM
A nt Director
Geospatial and Technology Management Office
cc: John Gerber, NFIP State Coordinator
Dan Brubaker, NFIP Engineer
Dan Robinson, P.E.
Kimley -Horn and Associates, Inc.
3001 Weston Parkway
Cary, NC 27513
MAILING ADDRESS:
4719 Mail Service Center
EI�IIA4 E�r
P
OFFICE LOCATION:
1812 Tillery Place, Suite 105
credited
'
Raleigh, NC 27604
Raleigh NC 27699 -471
www.ncfloodmaps.com
\._ N:
_,E *.- °. " - ° -`-'
_
Telephone: [phone]
Fax: [phone]
www.ncem.org
Project No. ST1176
An EqualOpportµgir665rrpdf -iActionEmployer
NC 55 Southbound Lane Addition

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PHASE 11 W3
W1 SITE 2
SITE 1 TEMPORARY —
TEMPORARY WETLAND IMPACT
WETLAND IMPACT 746.72 sq. ft.
474.67 sq. ft.
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723.29 sq. ft.
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PERMANENT —
WETLAND, IMPACT
--- 40$:72 sq. ft.
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WETLAND IMPACT (408.5 sq. ft.)
PREVIOUSLY PERMITTED PER:
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404 APPROVAL ACTION ID SAW- 2012 -01576 (8/62013
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Stnntec Consulting Services Inc.
Suite 300,801 Jones Franklin Road
Rale gh, NC
27606
Tel. [phone]
919.851.7024
wwwstanteacom
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PERMANENT
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PERMANENT
STREAM IMPACTS
(650.26 SQUARE FEET)
Place Synthetic Mat for Erosion
Control on Slopes 2:1 or Greater.
See Detail Sheet EC -3C.
--TS KEY SHEET & SUMMARY
TEMPORARY
WETLAND IMPACTS
(1944.68 SQUARE FEET)
TEMPORARY
STREAM IMPACTS
(2611.63 SQUARE FEET)
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S1 �e
INC71�131E°Il ]PLANS
W NOT USE FOR R W ACQUISITION
PI$EL <NIINA Y ]PLANS
DO NOT USE FOR ONSTRUCTION
Stantec
Stnntec Consulting Services Inc.
Suite 300,801 Jones Franklin Road
Rale gh, NC
27606
Tel. [phone]
919.851.7024
wwwstanteacom
K-
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PERENNIAL STREAM
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PERMANENT
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(1171.31 SQUARE FEET)
PERMANENT
STREAM IMPACTS
(650.26 SQUARE FEET)
Place Synthetic Mat for Erosion
Control on Slopes 2:1 or Greater.
See Detail Sheet EC -3C.
--TS KEY SHEET & SUMMARY
TEMPORARY
WETLAND IMPACTS
(1944.68 SQUARE FEET)
TEMPORARY
STREAM IMPACTS
(2611.63 SQUARE FEET)

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BZI: 558.56 SQ. FT.
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BZI: 926.53 SQ. FT.
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BZ3: 1247.07 SQ. FT.
77 LF
INCOMPLETE
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ZATION
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Suite 300,801 Jones Franklin Road
Raleigh. NC
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� NC C5 2s2`\
RETAIN RETAIN
—RETAIN 26J�
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PERMANENT - f s 9 e IMPACT 3
C BUFFER ZONE = B ' ��� - / �W g 5 �' BZI: 1298.21 SQ. FT. z PAYNE,
N B BZ2: 998.99 SQ. FT. o CL
I' IMPACT L C R EARCH TRIANGLE BZ3: 2530.30 SQ. FT. DB
BZI: 1470.99 SQ. FT. FOU RATION OF INC 43 LF
PI
BZ2: 1007.52 SQ. FT. 1 DB 03510
BZ3: 3136.54 SQ. FT. �� co PG 0534 \
46 LF
0
PERENNIAL STR
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KIT CREEK
B
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IMPACTS KEY SHEET & SUMMARY
ti B >
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BUFFER ZONE 1 BUFFER ZONE 1
(2769.20 SQUARE FEET) (1485.09 SQUARE FEET) <
PERMANENT TEMPORARY
BUFFER ZONE 2 BUFFER ZONE 2
(2006.51 SQUARE FEET) / (2111.39 SQUARE FEET)
NISx3/ PERMANENT TEMPORARY
BUFFER ZONE 3 BUFFER ZONE 3
(5666.84 SQUARE FEET) (2685.27 SQUARE FEET)