- 7/13/2022 3:09 PM

Bob Zarzecki
From: Bob Zarzecki
Sent: Wednesday, July 13, 2022 3:02 PM
To: Norton, April R CIV USARMY CESAW (USA); Cohn, Colleen M
Subject: WHITE STREET MULTIFAMILY (S&EC 14938) _ SAW-2016-0926 & DWR-2016-1013 -
Mitigation Question
Attachments: 2022-05-25 - Stream Impact Totals - Overall.pdf; PJD_26Sept2016.pdf; 20160926
_USACE_NWP29 Verification.pdf; 20161013_DWR_401_Approval.pdf; NBRRO_21-313
(expires 9-30-2026).pdf
Importance: High
April & Colleen:
Hope you're both doing well.
A permit was issued for this property back in 2016 (see attached approvals) for 190 linear feet of
intermittent stream. The impacts were associated with a stormwater pond and multifamily residential
development. The applicant has been working with the Town since who wants to see higher density
residential on this property to provide more affordable housing near downtown. The resulting changes
are shown on the attached impact exhibits. The actual impacts however have essentially remained
the same at 198 If / 0.015 acres of stream. The impacts are now the result of internals streets and
multifamily units instead of stormwater management which has been relocated to an offline
subsurface system. We expect to submit the application for these impacts soon. All that said, is it safe
to presume that if a permit is reissued for these impacts that stream mitigation would not be required
as they are below 0.02 acres?
Thanks for the guidance.
Colleen — I'm going to send this email in as a pre -filing meeting request as well.
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
bza rzec ki@ sa ndec.co m
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
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Please consider the environment before printing this email.
1

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SOUTH WHITE STREET
60' PUBLIC R/W
(BM 1986 PG 2065)
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REID: 0160443
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REID: 0190831
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USE: DWELLING - SINGLE FAMILY
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REVISED MASTER PLAN PER TOWN OF WAKE FOREST COMMENTS
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136 E HOLDING AVENUE
WAKE FOREST, NC
PROJECT NO:
DESIGN BY:
BTO
DRAWN BY:
BTO
SCALE:
40
20
40
80
PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION
DATE:
2021-12-27
SHEET NO:

r
0.015 ACRES
STREAM CHANNEL IMPACT
198 LF STREAM IMPACT
NOTE:
THESE EXHIBITS ARE PRELIMINARY IN NATURE.
IMPACT AREAS ARE SUBJECT TO CHANGE AS
DESIGN PROGRESSES AND/OR SURVEY
INFORMATION BECOMES AVAILABLE.
IMPACT TOTALS
0.015 ACRES STREAM CHANNEL IMPACT
198 LF STREAM IMPACT
40
0
20
40
80
SCALE: 1"=40'
The Nau Company
Consulting Civil Engineers
PO Box 810 I Rolesville, NC 27571
919-435-6395
NCBELS License P-0751
WHITE STREET TOWNHOMES
WAKE FOREST, NC
STREAM IMPACT
PROJECT NO: WHITE STREET TOWNHOMES
SCALE:
1"=40'
DATE:
2022-05-25
SHEET NO:
IMPACT MAPS

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_ .___/
Z/ / ) Q/ / /
0.015 ACRES1/11/
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/STREAM CHANNEL IMPACT \ \\ II
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NOTE:
THESE EXHIBITS ARE PRELIMINARY IN NATURE.
IMPACT AREAS ARE SUBJECT TO CHANGE AS
DESIGN PROGRESSES AND/OR SURVEY
INFORMATION BECOMES AVAILABLE.
IMPACT TOTALS
0.015 ACRES STREAM CHANNEL IMPACT
198 LF STREAM IMPACT
40
0
20
40
80
SCALE: 1"=40'
The Nau Company
Consulting Civil Engineers
PO Box 810 I Rolesville, NC 27571
919-435-6395
NCBELS License P-0751
WHITE STREET TOWNHOMES
WAKE FOREST, NC
STREAM IMPACT
PROJECT NO: WHITE STREET TOWNHOMES
SCALE:
1"=40'
DATE:
2022-05-25
SHEET NO:
IMPACT MAPS

PAT MCCRORY
Water Resources
ENVIRONMENTAL QUALITY
October 13, 2016
ITAC 356, LLC
Attn: David Smoot
531 S. Main St.
Wake Forest, NC 27587
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0879
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Holding Corners
Dear Mr. Smoot:
You have our approval for the impacts listed below for the purpose described in your
application dated September 2, 2016 and received by the Division of Water Resources (Division)
on September 9, 2016 with additional information received on October 4, 2016. These impacts
are covered by the attached Water Quality General Certification Number 3890 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Holding Corners
DWR #16-0879
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
190 (linear feet)
0 (linear feet)
Buffers — Zone 1
150 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full-sized plan sheets, with proof of the Town of Wake Forest's approval.
The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Wake Forest. If the SMP is modified
in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC
02H .0506(b)(5)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]

Holding Corners
DWR #16-0879
401 AND BUFFER APPROVAL
Page 3 of 4
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the originaland one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714.
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street

Holding Corners
DWR #16-0879
401 AND BUFFER APPROVAL
Page 4 of 4
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at 919-791-4251 0 herri.s • h . ncdenr.:ov if you have any questions or concerns.
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Robin Maycock; Maycock Environmental; P.O. Box 27052; Raleigh, NC 27611
Patrick Shillington; Engineering & Environmental Science Company; 3008 Anderson Dr.,
Ste. 102; Raleigh, NC 27609
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-01700 County: Wake U.S.G.S. Quad: NC -WAKE FOREST
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
ITAC 356 LLC
Attn: David Smoot
531 South Main St.
Wake Forest, NC, 27587
919-669-5151
Nearest Town Wake Forest
River Basin Upper Neuse
Coordinates Latitude: 35.9706716196954
Longitude: -78.514260274366
Location description: The project site is approximately eight acres located adjacent to East Holding Street to the north, and
bordered to the east by South White Street, and to the west by rail line, in the town of Wake Forest, Wake County, North
Carolina. Aquatic features on site flow to Spring Branch in the Neuse River basin.
7.7
Richland Creek
03020201
Description of projects area and activity: This permit verification allows for 190 linear feet of permanent stream channel
impacts to an intermittent stream exhibiting no important aquatic function for the construction of a stormwater device, for the
construction of residential homes on high ground. No mitigation is required for this proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 09/06/2016. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastinger at 919-554-4884 x32 or ,lames.C.LastingerAusace.army.mil.
Corps Regulatory Offtcia Date: 09/26/2016
Expiration Date of Veri ca 'on: 03/18/2017

Action ID Number: SAW-2016-01700 County: Wake
Permittee: ITAC 356 LLC
Attn: David Smoot
Project Name:
Forest
Holding Corners/residentiall720 South White St/residential/Wake County/Wake
Date Verification Issued: 09/26/2016
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
.............. ...
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

SAW-2016-01700
Determination of Jurisdiction:
A. ® 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).
B. ❑ 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.
C. ❑ 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination:
Remarks: Please see the attached preliminary jurisdictional determination.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. AppeaIs Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official ..J]a eO
James Lastinger
Date of JD: 09/26/2016

SAW-2016-01700
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 our customer Satisfaction Survey online athttp://regulatoiy.usacesurvey.cozn/.
Copy furnished:
Maycock Environmental
Attn: Robin Maycock
PO Box 27052
Raleigh, NC, 27611
P2S
Attn: Patrick Shillington
3008 Anderson Dr., suite 102
Raleigh, NC 27609

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): September
26, 2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Permittee:
Address:
ITAC 356 LLC
Attn: David Smoot
531. South Main St.
Wake Forest, NC, 27587
Telephone Number: 919-669-5151
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, holding Cornerslresidential/720 South White
St/residential/Wake County/Wake Forest, SAW-2016-01700
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The protect site is approximately eight acres
located adjacent to East Holding Street to the north, and bordered to the east by South White Street, and to the west by
rail line, in the town of Walce Forest, Wake County, North Carolina. Aquatic features on site flow to Spring Branch in
the Neuse River basin. Please see the attached map entitled "Existing Conditions Holding Corners" dated 9/6/16 and
waters inventory table for approximate size and location of water bodies on site.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Wake Forest
Center coordinates of site (latllong in degree decimal format): Lat. 35.9706716196954° N, Long. -78,514260274366° W
Universal Transverse Mercator:
Name of nearest water body: Richland Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: —400 linear feet: varies width (ft) and/or Pond 1-0.3 acres.
Cowardin Class: Riverine
Stream Flow: Intermittent
Wetlands: —0,1 acres.
Cowardin Class: Emergent
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): August 26, 2016
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
1

undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Maycock Environmental.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant,
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
El Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation • is: (National Geodetic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):
or ❑ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify): NC DWR stream identification form.
NO IZEIDE:11:TEM
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
Sig re and da e of
Regulatory Project Manager
(REQUIRED)
7/ 474
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
2

Waters Inventory Table
Site
number
Latitude
Longitude
Cowardin
Class
Estimated amount of
aquatic resource in
review area
Class of aquatic
resource
Stream I
35.9705
-78.5139
Riverine
—400 linear feet
non -section 10 — non -
wetland
Stream 2
35.9705
-78.5114
Riverine
—40 linear feet
non -section 10 -- non -
wetland
Stream 3
35.9699
-78.5139
Riverine
--100linear feet
non -section 10 — non -
wetland
Wetland
1
35.9700
-78.5146
Palustrine
--0.1 acre
non -section 10 --- wetland
Pond 1
35.9698
-78.5144
Lacustrine
—0.3
non -section 10—non-
wetland
3

Notes:
1. Existing conditions and topographic elevations provided by Robert Murphy, PLLC.
2. Tree survey provided by CS Tree Services, Inc.
SCALE: 111= 40!
R,9i�ROgo
Tree Survey Legend
SG- Sweetgum
BC- Black Cherry
ER- E. Red Cedar
W- Willow Oak
E- Elnl
BW- Boxwood Elder
P- Pine
ti/
D PY
Legend
Property Lines
Existing Sewer Lines
• Existing Sewer Easement
3> Existing Fire Hydrant
Existing Sewer Manhole
Existing t' Contour Lines
Neuse River Basin Buffer, Zone i (30')
Meuse River Basin Buffer, Zone 2 (20)
-- Existing Stormwater Pipe
Existing Overhead Electrical Lines
0 Existing Power Pole
b Existing Guy -Wire for Power Pole
m Existing Street Catch Basin
Existing Tree
Existing Treeline
Stream (USACE Jurisdiction)
-•-•Buffered Stream (As per NCOEQ)
Q
0
NOTE:
PRE-EXISTING HOUSE
HAS BEEN DEMOLISHED
ENGINEERING & ENVIRONMENTAL
SCIENCE COMPANY
3008 ANDERSON DR. SUITE i02
RALEIGH, NORTH CAROLINA 27SOS
[phone]
V
Existing Conditions
Holding Corners
136 E. Holding Avenue
Wake Forest, NC
4

Applicant: ITAC 356 LLC
David Smoot
File Number: SAW-2016-01700
Date: 09/26/2016
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
A
B
APPROVED JURISDICTIONAL DETERMINATION
® PRELIMINARY JURISDICTIONAL DETERMINATION
an adrtiinsl
or tlie;Corps regulations a
ove decrsro
agra nan
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 rnay: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to, the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the 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.
SEC 1 Oiri IC , ,;RE. ,DES I" OR,AI'I?EAL, ar OBJECTIONS TO.AN INITIAL PROFFERED PE RMIT_
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.
POINTNTACTFOR QUESTIONS OR IN ORMAT1ON,
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
919-554-4884 ext 32
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

DocuSign Envelope ID:EA333F6C-6C69-41 BC-ACAC-4270808A94F2
STATE a �
ROY COOPER
Governor 4�^ v f
ELIZABETH S.BISER *.. n -/
Secretary 9%9Bwa'011..
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quallty
September 306,202I
ITAC 356 LLC
Daniel Smoot
531 S.Main Street
Wake Forest,NC 27587
Subject: Buffer Determination Letter
NBRRO#21-313
Wake County
Determination Type:
Buffer Intermittent/Perennial
®Neuse(l5A NCAC 2B .0714)
❑Tar-Pamlico(15A NCAC 2B .0734) ❑Intermittent/Perennial Determination(where local
buffer ordinances apply)
❑Jordan(15A NCAC 28 .0267)(governmental
and/or interjurisdictional projects)
I
Project Name: White Street Multifamily
Address/Location: SW quadrant of E.Holding Ave.&S. White St,Wake Forest,NC
Stream(s): Spring Branch
Determination Date: 9/30/2021 Staff:Josh Brigham
Stream E/IIP(') Not Subject Startt Stop@ Soil USGS
Feature Subject(iI - Survey Topo
A X X X
Pond 1 X X X
(i)E=Ephemeral,I=Intermittent,P=Perennial,NP=Not Present,NE=Not Evaluated
(2)Refers to State nparian buffer rules only. Streaml,wetland,or pond impacts are still subject to applicable water quality standards and permitting requirements.
Explanation: The streams)/pond(s)listed above has been located on the most recent published NRCS Soil Survey
of Wake County,North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each feature that is checked"Not Subject"has been determined to not be an intermittent stream,perennial stream,a
pond connected to a stream feature,or the feature is determined not to be present. Stream features that are checked
"Subject"have been located on the property and possess characteristics that qualify it to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However,if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and
may be considered jurisdictional according to the US Army Corps of Engineers.
D Q North Carolina Department of Environmental Quality I Division of water Resources
Raleigh Regional Office 13800 Barren Drive I Raleigh,North Carolina 27bo9
-`^' . r 919.791.4200

DocuSign Envelope ID:EA333F6C-6C69-41 BC-ACAC-4270608A94F2
White Street Multifamily
Wake County
9/30/2021
Page 2 of 2
This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty(60)days of date of this letter. A request fora determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski;DWR
—401& Buffer Permitting Unit;1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery
service(UPS,FedEx,etc.):Paul Wojoski;DWR—401& Buffer Permitting Unit;512 N.Salisbury Street;
Raleigh,NC 27604.
This determination is final and binding unless,as detailed above,an appeal is requested within sixty(60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers(Raleigh Regulatory Field Office)at(919)-554-4884.
If you have questions regarding this determination,please feel free to contact Josh Brigham at(919)791-4251.
Sincerely,
—Docuslpnned�by
SEA"'V4.1 .
ecaaao82504MOD...
Scott Vinson,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office,Division of Water Resources,NCDEQ
cc: RRO DWR File Copy
1,aserfiche
Consultant via email,Bob Zarzecki,S&EC,[e-mail]
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh,North Carolina 27699-1628
919,791,4200

DocuSign Envelope ID: EA333F6C-6C69-41 BC-ACAC-4270608A94F2
White Street Multifamily
Wake County, NC-DWR Project # 21-313
NRCS Soil Survey Sheets 15 and 11
Wake Co., NC 1970
Legend:
-project boundary
:: Locations are approximate
and are provided for refer-
ence only
r
a

DoeuSign Envelope ID: EA333F6C-6C89-41BC-ACAC-4270608A94F2
White Street Multifamily
Wake County, NC-DWR Project # 21-313
USGS Topographical Map
Wake Forest Quadrangle 2019
Legend:
-Project boundary
:: Locations are approximate
and are provided for refer-
ence only ::
t