20041983 Ver 3_401 Application_20070910

ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
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WE ARE SENDING YOU ^ Attached via
^ Shop Drawings ^ Prints
^ Copy of Letter ^ Change order
^ Plans
^ Diskette
the following items:
^ Samples ^ Specifications
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
^ For approval ^ Approved as submitted
^ For your use ^ Approved as noted
^ As requested ^ Returned for corrections
^ For review and comment ^
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
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^ Resubmit
^ Submit
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copies for approval
copies for distribution
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/fenc%sures are notas noted, kindlynotify us at once.

WITHER8 RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
September 11, 2007
US Army Corps of Engineers
Attn: Mr. Jamie Shern
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
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NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604

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VY~'i IAPiG;i :'a"'J ~ T(t~~!:.~!.Rl ~k BRAPdCH
Re: Town Hall Terrace
Request for 404/401 Certification and Buffer Compliance
W&R Project Number - 02050055
Dear Mr. Shern and Ms. Karoly:
On behalf of Centex Homes, Inc we are requesting authorization from the USACE to
use NWP 29 for the construction of a residential subdivision. We are also requesting
4o1-Certification and Buffer Compliance from the NC-DWQ for the impacts to
jurisdictional waters and wetlands.
The subject property is approximately 18.6 acres in size and is located both north
and south of Airport Blvd, approximately 80o feet east of the intersection of Airport
Blvd and Lake Grove Blvd. Latitude: 35.8339°N and Longitude: 78.8446°W in
Morrisville, Wake County, North Carolina. The site contains an unnamed tributary to
Crabtree Creek and is located in the Neuse River Basin. The Water Quality
Classification for these features is: C;NSW, the Cataloging Unit for this site is:
03020201, and the Stream Index number is: 27-33-1•
Project History
Wetlands were delineated by Soil and Environmental Consultants and a
jurisdictional determination was issued by the USACE on January 2002 (USACE AID#
200220371). Site meetings were also conducted with the NC-DWQ on September 11,
2001 (NBRRO o1-259) to verify stream origin points and subjectivity to the Neuse
Buffer Rules. A copy of the buffer letter is included with the attachments. Although
we were not involved in the permitting, it appears that 404 approval (AID#
200520168) and 401 certification (DWQ Exp# 04-1983), were issued for impacts in
earlier phases.
Proposed Impacts
The proposed permanent impacts consist of 143 linear feet of perennial stream
channel and o.029 acres of wetland for road construction to complete a planned
connection to Airport Blvd for the Town Hall Commons Development. The impacts
are summarized on the overall impact map as well as the PCN form.
iii MacKenan Drive i Cary, NC 27511 i tel: [phone] i fax: [phone] i www.withersraveneLcom
7040 Wrightsville Avenue i Suite lol i Wilmington, NC z84o3 i tel: 91o.z56.9z77 i fax: 91o.z56.z584
loz7 Sabbath Home Rd, SW i Supply, NC z846z i tel: 91o.84z•939z i fax: 91o.84z.8o19

Avoidance and Minimization
Prior to site plan development, the applicant requested that a detailed wetland
delineation be conducted so that impacts to wetlands and `waters' could be
minimized. Impacts were minimized by crossing the channel at a nearly
perpendicular angle and through the use of steeper fill slopes at the stream
crossings. In order to provide residents access to Airport Blvd, the impacts could not
be avoided.
Stormwater Management Plan
The proposed impervious for this project is expected to be approximately 39.6%,
therefore constructed wetlands will be used to treat the Stormwater before it leaves
the site. The Stormwater plans have been submitted to the Morrisville for their
approval. A copy of the approval letter will be forwarded to your office. During
construction the applicant will utilize BMP devices to prevent sediment from entering
jurisdictional stream channels or wetlands.
Mitigation
Because impacts to perennial channels are less than z5o linear feet no mitigation is
proposed. However, the applicant proposes payment to the NC-EEP to satisfy
mitigation requirements for the wetland impacts. A copy of the EEP approval letter is
included with the attachments.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHn~S & RAVENEL, INC.
1 a~b1dL
Todd Preuninger
Attachments -
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quadrangle Map
5) Wake County Soil Survey Map
6) USACE )D Forms (2)
7) EEP acceptance Letter
8) Prior 404/401 approvals
g) DWQ Buffer Letter

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No, O ~ ' ~ ~1 S 3 y 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
~P~I~
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal rue
Environmental Concern (see the top of page 2 for further details), check ~~m~ ' 1 r'~4 ; ;
~~ ~~
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II. Applicant Information •7
1. Owner/Applicant Information w~ri~"~•°rx~n -rn~~9~.~ ~,~g~~~GN
Name: Centex Homes, Inc. Attention: Tim Carpenter
Mailing Address: 2301 Sugar Bush Road, Suite 400
Raleigh, NC 27612
Telephone Number: _ [phone] Fax Number: [phone]
E-mail Address: tim.ca erp nter(a,centexhomes.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Withers & Ravenel Attention: Todd Preuninger
Company Affiliation: Engineer/Consultant
Mailing Address: 111 Mackenan Drive
Cary, North Carolina 27511
Telephone Number: [phone] Fax Number:[phone]
E-mail Address: TPreuninger(a,WithersRavenel.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page 5 of 12

boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Town Hall Terraces
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0745-58-8443 & 0745-68-8403 (Portion)
4. Location
County: Wake Nearest Town: Morrisville
Subdivision name (include phase/lot number): Town Hall Terraces
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
Chapel Hill Road and Mccrimmon Parkway in the City of Morrisville, head west on
Mccrimmon Parkway. Take the third left onto Lake Grove Blvd. Once on Lake Grove Blvd
take the third left onto Airport Blvd. The site is located to the north and south Airport Blvd
800 feet east of the intersection of Airport Blvd and Lake Grove Rd.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8339 °N 78.8446 °W
6. Property size (acres): 18.6 Acres
7. Name of nearest receiving body of water: Crabtree Creek
8. River Basin: Neuse River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is predominately forested with a perennial stream
located alone the northern property line and jurisdictional wetlands located in the southern
parcel. The surrounding landscape is composed of residential development and forested
areas.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: Town
Hall Terrace is a residential subdivision that will consist of approximately 66 sin leg family
homes. Impacts to the perennial channel and wetland are proposed to provide access to the
entire site and existing subdivision. To develop this site large radin~ equipment (track
hoes, bulldozer, and backhoes)will be used to prepare the site for the construction of the
infrastructure and houses.
11. Explain the purpose of the proposed work: The project is intended to meet the growing
demand for housing in the area and allow the residents access to Airport Blvd.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Wetlands were delineated by Soil and Environmental Consultants and a jurisdictional
determination was issued by the USACE on January 2002 (USACE AID# 200220371. Site
meetings were also conducted with the NC-DWQ on September 11, 2001 (NBRRO 01-259) to
verify stream origin points and subjectivity to the Neuse Buffer Rules. A copy of the buffer
letter is included with the attachments. Although we were not involved in the permitting, it
appears that 404 approval AID# 200520168) and 401 certification (DWQ Exp# 04-1983 ,were
issued for impacts in earlier phases.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
To the best of our knowledge no futurepermit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 7 of 12

wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts consist
of 0.029 acres of wetlands and 143 liner feet of perennial channel. These impacts are the
result of the installation of culverts, fill slope, and rip rap.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
Impact Area 2 Culvert & Fill Linear Wetland (Forested) No 300 .0108
Impact Area 3 Culvert & Fill Linear Wetland (Forested) No 500 .0183
Total Wetland Impact (acres) .029
3. List the total acreage (estimated) of all existing wetlands on the property: Less than 1 acre.
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on map) Before Im act (linear feet) (acres)
Impact Area 1 UT Crabtree Crk Culvert & Rip Rap Perennial 4-6 ft 143 ft .032 ac.
Total Stream Impact (by length and acreage) 143 ft .032 ac.
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (acres): .032 ac.
Wetland Impact (acres): .029 ac.
Open Water Impact (acres): 0 ac.
Total Impact to Waters of the U.S. (acres) .061 ac.
Total Stream Impact (linear feet): 143 ft
Page 8 of 12

7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No Isolated wetlands exist onsite to the best of our knowledge.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Prior to site plan development the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and `waters' could be minimized. In order to provide the
residents access to Airport Blvd the impacts could not be avoided. Impacts were minimized by
crossing at a nearly perpendicular and through the use of steeper fill slopes at the stream
crossings
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
Page 9 of 12

but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http: //h2o. enr. state.nc. us/ncwetlands/strm fide. html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because impacts to the perennial channel are less than 150 linear feet no mitigation is
proposed. However, the applicant proposes payment to NC-EEP to satisfy miti ag tion
requirements for the wetland impacts shown in areas 2 & 3 on the site plan.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 0.029 acres
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page l0 of 12

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Im act Re uired
Zone* , ,...,.p c ~,~ Multiplier ,~,~;.9 „*;~„
1 7818 sq. ft. 3 (2 for Catawba) N/A
2 5351 sq. ft. 1.5 N/A
Total I 13,169 sq. ft. I I N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. No buffer mitigation is proposed because
impacts are below the 1/3 acre and less than 1501inear feet.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. The proposed impervious surface will be approximately 40%. The applicant will treat
all storm water onsite with constructed wetlands. A Stormwater plan has been submitted to the Cit~of
Raleigh for their approval. When a copy of the plans are approved, a copy will forwarded to your office.
Page 11 of 12

XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer will be utilized to treat Sewage.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Because
this project consists of residential development and the adjacent parcels have already been
developed, we do not believe that it will result in additional impacts to downstream water
quality. During construction the applicant will employ the appropriate BMP's in order to reduce
the amount of sediment leaving the site. Following construction, the applicant will convert these
structures to constructed wetlands so that stormwater from the site can be treated before being
released.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
4 ~~ o ~
Applicant/Agent's Signature / ate
(Agent's signature is valid only if an authorization letter from the applican is provided.)
Page 12 of l2

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WITHERS ~~ RAVENEL
ENGINEERS I p~ANNERS I SURVEYORS TOPOGRAPHIC QUADRANGLE ~T ~°=2000 ~
Town Hall Terrace
111 MacKenan Drive Cary, North Carolina 27511
Wake County, North Carolina Approved By: Date: Job Number.
te1:919-469-3340 fax.[phone] TP 8-29-07 02050055
www.withersravenel.com Cary Quadrangle

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E N G I N E E R S I PLANNERS i 5 U e V r V O R 5
Town Hall Terrace
111 MacKenan Drive Cary, North Carolina 27511
Wake County, North Carolina Approved By: Date: Job Number:
te1:919-469-3340 fax:[phone]
Tp 8-29-07 02050055
www.withersravenel.com Wake County Soil Survey

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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish borough: Wake City: Morrisville
Center coordinates of site (lat/long in degree decimal format): Lat. 35.8339° N, Long. 78.8446° W.
Universal Transverse Mercator:
Name of nearest waterbody: Crabtree Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
~' Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
^, Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
^ Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable waters of the US."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review area [Required]
^ Waters subject to the ebb and flow of the tide.
^ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There ~re "waters of the US." within Clean Water Act (CWA)jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): ~
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
^ Impoundments of jurisdictional waters
^ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 1400 linear feet: 4-6width (ft) and/or acres.
Wetlands: < 1 acres.
c. Limits (boundaries) of jurisdiction based on: 1987'I3elineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
~ For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: `f'ick'Lisf
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick-.List aerial (straight) miles from TNW.
Project waters are Piek-List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
"Note [hat the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply)•
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks). Explain:
Presence of run riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check al I that apply):
^ Bed and banks
^ OHWM6 (check all indicators that apply):
^ clear, natural line impressed on the bank ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away ^
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to detemvne lateral extent of CWA jurisdiction (check all that apply):
^ High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical markings/characteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adiaceney Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain
^ Ecological connection. Explain:
^ Separated by berm barrier. Explain:
(d) Proximity (Relationship to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick-List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Fick Lisp floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if anvil
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( )acres in total are being considered m the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/Nl Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: ~o-wi.resb~~~+~~vao•-
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1400 linear feet 4-6 width (ft).
Other non-wetland waters: N/A acres.
Identify type(s) of waters: N/A.
3. Non-RPWsB that flow directly or indirectly into TNWs.
^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW isjurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check al] that apply):
^ Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Q' Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: The wetland ties to the RPW.
^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: < 1 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
~' Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
^ which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ which are or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
BSee Footnote # 3.
To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
~] Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
^ Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall 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:
® 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.
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 Geodectic Vertical Datum of 1929)
Photographs: ^ Aerial (Name & Date):
or ^ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
^ Applicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: A Notice of Jurisdictional Determination was received for this site in January 2002
(Action ID # 200220371).

T
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish borough: Wake City: Morrisville
Center coordinates of site (lat/long in degree decimal format): Lat. 35.8339° N, Long. 78.8446° .
Universal Transverse Mercator:
Name of nearest waterbody: Crabtree Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
^ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
^ Office (Desk) Determination. Date:
^ Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review area. [ReguiredJ
^ Waters subject to the ebb and flow of the tide.
^ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Ate "waters of the US."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
® Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
^ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
^ Impoundments of jurisdictional waters
^ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 1400 linear feet: 4-6width (ft) and/or acres.
Wetlands: < 1 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Deliiteation Manuill
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
[~ Potcntiallyjurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
~ Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes oY this form, an Kf'W is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
~ Supporting documentation is presented in Section IILF.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are kick:List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that applyl~
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick-List.
Primary tributary substrate composition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick .List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWM6 (check all indicators that apply):
^ clear, natural line impressed on the bank ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away ^
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical markings/characteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick. List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated by berm barrier. Explain:
(d) Proximity~Relationship) to TNW
Project wetlands arc Pick List river miles from TNW.
Project waters are Pick'List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/Nj Size (in acres]
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLI~:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: linear feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1400 linear feet 4-6 width (ft).
[] Other non-wetland waters: N/A acres.
Identify type(s) of waters: N/A.
3. Non-RPWsB that flow directly or indirectly into TNWs.
^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
~ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: The wetland ties to the RPW.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: < 1 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
^ Demonstrate that impoundment was created from "waters of the U.S.," or
^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
^ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):lo
which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
BSee Footnote # 3.
v To complete the analysis refer [o the key in Section IILD.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
^ Waters do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction. Explain:
^ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
^ Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall 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:
^ 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.
^ 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 Geodectic Vertical Datum of 1929)
^ Photographs: ^ Aerial (Name & Date):
or ^ Other (Name & Date):
® Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ Applicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: A Notice of Jurisdictional Determination was received for this site in January 2002
(Action ID # 200220371).

ir.
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Micttacl P. Easley, Governor
William G. Ross Jr., secretary
North Carotins L)eparttuent of Environment and Natural Resources
AJan w. JClimek, P.B. Director
Division of watu Quaflty
January 21, 2005
DWQ EI~P No. 04-1983
,~; _ .
i ~ Wake County
f , ,' ~ :. page l of 5
Centex Homes ; , E ~ ~ JAN 2 6 2005 ,
Attn: Grey Methuen
~; ,.
2301 Sugar Bush Rd., Suite 400 ~''
Raleigh, NC 27612
Subject Property: The Gardens at Town Hall Commons
UT to Crabtree Creek [03-04-02, 27-33-(1), C NSA] *303(d) list
APPROVAL ~of 401 Water Qaality Certification and AUTHORIZATION CERTIFICATE per the
Neuse River Buffer Protection Roles (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
EXPRESS REVIEW PROGRAM
Dear Mr. Methuen:
You have our approval, in acco~ance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.1273 acres of wetlands (temporary), 195 feet of streams and 5,532 square
feet (ft2) of protected riparian buffers for the purpose of a subdivision at the subject property, as described
within your application dated December 22, 2004 and received by this office on December 22, 2004 and
all other additional information submitted and received by this office on January 4, 2005, January 12,
2005 and January 20, 2005. Please npte that this excludes the impacts requested for impact #9. After
reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water
Quality (DWQ) C3eneral Water Quality Certification Number 3402 (GC3402). The Certification allows
you to use Nationwide Pernut 39 when. issued by the US Army Corps of Engineers (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
i 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required .
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control and Non-disoh~ge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the
404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. ff you change your
project, you must notify us and you may be required to send us a new application, if the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all. co®ditions. If total fills far this project (now ar in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any addrtional conditions listed below.
Conditions:
1. Impacts Approved
401 Wetlet-de Cer6flcatlon Urt<t
dYahlt
1860 fIMN ~rvice Center. Relelph, North CaroAne 278-1660 .
2321 Crabtree Boulerand, Srrfle 2b0, Rtrleiph, Npth Carolrnt 27804
Phone: 9~&753.1788 /FAX 81li•759~i! Internet tttlo:/Q-2aenr~tate.nc.uah~cwetlands
An Egral OpporhmiN/AifirnmtlveAmon Emobver- 50% Rrrcvcler111076 Poet Consumer Peoer

i
Centex Homes
page 2 of 5
1/21/05
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts ate approved including
incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream 195 (feet Sheet 2 and 3 (' acts 2 and 6
404 Wetlands '0.1273 (acres Sheet 1 (' act 4)
Buffers 5,532 ( care ft.) Sheet 2 and 4 (' acts 7 and 8
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 5,532 square feet as required
under this Authorization Certificate and 15A NCAC 2B .0242. We understand that you wish to make a
payment into. the RiQarian $uf~e~RestarationF.und administe~~r-~i~IG-Ecosystem~Enhancemerit
Program (EEl') to rraret this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7) this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this-approval to make this payment. For
accounting purposes, this Authorization Certificate authorlxes payment into the Riparian Buffer
Restoration Fend to compensate for 10329 r~ of required rlparian buffer mitlgation for impacts
to S,S32 ftz of riparian buffers; 03-0402 river and subbasin."
3. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re~oncenttate before discharging into the stream as identified within 15A NCAC
2$ .0233(5).
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
_.. _ boundaries. a~r9ved Hader-this.authorization sl;all 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 15A NCAC 2B 33
and GC 3402.
5. No Impacts to Zone
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities
designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ.
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dir~nsions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-

f
Centex Homes
Page 3 of 5
1121 /05
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
COrreCtly.
Placement. of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by ones 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 48 inches, to allow low flow
passage of water and aquatic life.. Design and placement of culverts and other structures including.
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds. or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DVi~Q.
' 7. Far the proposed 4 barrel culvert located at impact #6, the .design and installation of sills in
conjunction with multiple barrel culverts should be such that the culvert cross-section mimics the
stream bankfull dimension (i.e. stream cross sectional area and geometric configuration) as closely as
possible. `The sdls'sl"~7e'pla~`on the two outside culverts and have a height equal to the bankfull
discharge depth. No impacts shall be incurred anywhere on the project until an acceptable design is
submitted to, and approved by, the NC Division of Water Quality.
8.. It is our understanding that a 48" pipe is being required for impact #2. Culverts 48" diameter or
greater shall be buried a foot and parallel to the slope of the streambed. Culverts less than 48" in
diameter or less shall be buried to a depth equal or greater than 20% their size for aquatic life
passage. These measurements must be based on natural thalweg depths.
9. Impervious Surface Condition
If the amount of impervious surface exceeds 309'0, then a stormwater management plan, approved by
DWQ, shall be implemented. The DWQ has not approved the proposed stormwater management
plan, included in the application dated 22 December 2004.
10. Construction Stormwater Permit NCGO10000 _
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control.pzogram, an NPDPS
General stormwater permit (NCG410000) administered by DWQ is automatically issued to the
project. This.General Permit allows stoneswater to be discharged during land disturbing construction
_ activities as'Stipulated~~by nonditions in the permit. If your project is covered by this permit ...
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
httn•//h2o.enr.state.ne.us/su/Fornts Documents.htm.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
.waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval aad Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
' http:/Th2o.enr.state.nc.us/ncwetlartds. The text of the sample deed notification .may be modified as.
appropriate to suit to this project. ,

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1 /21 /05
12. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the Nonh 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~wned or leased borrow pits associated with the project.
13. No Waste, Spoil, Solids, or Fill of Any Kind
No~waste; spaif; sods, or fiR o~ any kind sliall occur in wetlands, waters, or riparian~areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. 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.
14. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment. and erosion control measures shall not be placed in wetlands or waters to the noaximum
extent practicable. if placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
15. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at
the letterhead address within 10 days of the commencement of construction.
lb. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable. ..__. _ . ,_Y._.- -_ --
_ _....~ . . _..-.. _ gaffer Ru1ds;~aanj~ubseq`uenf modificaticins; tfie applicant is i+equired~to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or LAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudieatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27b99-b714. This certification and its conditions are final and binding unless you ask for a
hearing. .

t

Centex Homes
Page 5 of 5
1/21/05
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer prptection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502.
Sincerely, /
~/~
Alan W. Klimek, P.E.
AWK/dae
Attachments: Certificate of Completion
GC 3402. .
Cc: Seaia Clark-S~tEC, 11010 Riven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
Eric Kulz-DWQ Raleigh Regional Office
DI,R Raleigh Regional Office
File Copy
Central Files
Filename: 0419$3TheQacdens(Wake)EXP+401

.~'
;,
~~
+~~~
NCDENR
North Carolina Department of Environment and Natural Resources
`Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
North Carolina Division of Water Quality
4Q1 Water Quality Ceritfication
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Centex Homes has permission as outlined below to
impact 0.1273 acres of wetlands and 195 linear feet of streams and 5,532 square feet of riparian
buffer for the purpose(s) of constructing the proposed subdivision in Wake County. All
activities associated with these authorized impacts must be conducted with the conditions listed
in the attaehed~Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT
PROGRAM
DWQ PROJECT~fiO: EXP 04-1983
LOCATION: The Gardens at Town Hall Commons
COUNTY Wake
BASIN/ SUB BASIN 03-0-02JNEU02/27-33{1)
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands and surface waters as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to one-quarter acre increments and linear foot requirements must be
rounded up to the nearest foot accalyding to 15 2R.0503(b).
Impacts:
0.1273 Acres of wetland
195 Linear feet of stream
S,S32 square feet of riparian buffers
Mitigation:
10,329 square feet of riparian buffers
One of the options you have available to satisfy the compensatory mitigation requirement is
through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you
40t VWtl~nde Certlfication Un9
~ ~ot~e~ saw cenmr, Relebh, trath Cen~Nne 27899.10 e
2321 a~baee eau~eva-d, suNe 250, Raleigh, t~orti~ Cen~ne 276at 1V O C~OIlYIa
Plane: ~19.733~17861 FAX [phone] internal: ~J1h2o.enr.state.nc.us/ncwQtlands . atura!!r~
~ ~ ~PP~~A~atYa Action Empbyer - 50% Re~ycledM07G Post Consumer Paper

~w
Ccntex Homes ~
Page 2 of 2
1/21/05
choose this option, please sign this form and mail it to. the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IIVVIPACTS ARE NOT AUTHORIZED
UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
. ECOSYSTEM ENHANCEMENT PROGRAM - -
1619 Mail Service Center
RAL~?IGH, N.C. 27669-1b19
~.. _ X919) 733-52Q$_.. ~ .~.:~~,:_-........ Y . _-___._:.. ,._-.:_- .--_--.____ . --
Filename: 0419$3TheGardens(Wake)EEP

i ~
/ - '~' '
:7 ~~. ,
U.S: ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220371 County:
~~~
NOTIFICATION OF JURISDICTIONAL DETERMINATIt~I I FE$ - 6 ~
Property Authorized
Owner Town. Hall Associates Agent Soil & Environme at C`nnc„ttanre r.,~
Attn: Michael Sandman ' • Attn: Sean Clark
Address- 7101 Creedmoor Road; Suite 142 Address- 11010 Raven Ridge Road •
Ralei NC 27613 Raleigh, NC 27614
Telephone Number- 919-847-7275 Telephone Number 919-846-5900 ~~
Size •and Location o#' Property (waterbody, Hi~hwav name/numbery town, etc.): The property is
located on the west side of Church Street (SR 1637), approximately 700 feet south of its intersection with
McKrimmon Parkway (SR 1635), inMorrisville; Wake County, North Carolina
$asis far Determination: The site contains wetlands and stream channels with indicators of ordinary
high water marks, located adjacent to and including an unnamed tributary of Crabtree Creek, above
headwaters, in the Neuse River Basin.
Indicate Which of the Followin A 1
't'here are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. Tlie surveyed wetland lines must be verified by our staff before the Corps will
snake a final jurisdictional determination on your property, '
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely .
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
t`eview it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X 't'he waters of the U_S., to include wetlands, on your lot Xave been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from .the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Glean Water Act (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.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at tel~hone number (919) 876 - 8441 extension 30
Project Manager Signature
bate Jan 8 2002
Date January 8, 2007
Wake
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
pELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

:;Applicant Town I-iali Assciet~tes : ;: Foie Nuiiiber 200220371 Date: i:~08/02. ,
.; :.
~' ~ See Section.beiow
:A~ttaclied is ':
.,
:TI~fiITIAL PROp'1~ERED p~RMIT {Standard Permit ar Letter of permtssiort) "A: , ,
,..
`:PROF~'EREI7 PERTVIiT(~tandard Permit,~or:I:etter;:ofpermissionj :;: E
,,
PERMIT; DEP~iIAL . ;. ;. .. - :. C
;- X ; ~ APPROVED ~3UItISbICTIONAL.DE~'ERMINATION - : - D ::-~ " ~ -
.. ;FREE-IMII~IARY:JURIS -,IGTI~~AL-DETER,~vlli~lATlt)N .; , .; E
`A:;;-INITIAL?PRt3F.,FERED PERI~IIT You xriay~acce t or ob ect;t(i~the permit` :: .
p..... ~
~• ACCEPT 'Jf you;received a Standard Permit, you may sign the:perintt docuiitent and return itto the-drstrtctiengtneer.forfinal
authorization ff you recet4ed:a"I;etter' of Perntrssron'{LOP),,youutay.aCCejit the'.I.;UP anti yourrvork is autkorrzed:' Your:: .
stgnature:oti the StandardPetmittit a+ccep[ance of'rlie'LOl' means.~tliat you aece~pt the permtC~itx tt$ enitr~ty, •and vi~aive all:rights
to;appeai the peiYnit, tncluding its;:terins.and.conditions;. and approve8 jurisdictional deteririiiiatton5 associafed :vriitli `the ;permit
,:,
• ~ ..OBJECT. If you obJect to,the pertnit(Standard~orL:OP) because of.uettatri terms and conditions therein, ou may request.tliat
Y
the:penr-tt be modified"aCC6rdtngly:;Yoq"must Coixiiplete'Section II ~a£this form aircl retritn;the form tti the distnct'engin~eer.
:Your-obJecttons tritSt tin reCetved:by the distt'ict engineer.witl-iit b0,d~ys of tlYe'ilate~o~thts nottoe, ~r you twill-forfeit your tight
to"appeal the permit rn the future: Upon receipt oi`your letter; the riistnct engineet,•will:evaluate y6i~r.objectionsaitd ma'y':: (a)
rritidil`y the'pertnaY to:addiess:all.of your concefns; (6) modify'the peimri tti'address.sbtne ofyou~r.objeciions; 6r {c) nof~unodify
thepermitliavtng'fietermined:tliatth~~iiercnitslioaldlieissued:aspkeviously.written. AflerovaluatingyoiirobJections,thts
d'isfnct engineer will sersd•you h prbfferedliernntt I'oi your rddonside"ration, as indicated m Sethon B-below -:
. .
:: ~B. •PROI'I'EKED'PERMIT: You may accept or appeal the permit;; :
• ACCEPT .If you recervert`:a Standard Permit; jrou`inay 'sign the }ietmtt document andretum it to the dutrtct engineer for final
aiitttorrzation If you received a I,+stfer of Periytission (I:OP)f you iriay accept:the"SOP arrd y6ur'wd"rk as authorized. `Your . .
~:
-. sagnaiure on the:Standardl?errnit or:aecepfance bf the LOP:.means :that yotx.acceptflie pernttrt in rts entN'ety; acid waive all ri is
to a oat `flue ermit, includin zts :terms anti conditions; and:a roved 'urisdictronal xletertntnattons assoctaied with the permit.
` PP . P g . , pP J .. .
• A.P.PEAL: lf.you ctroose to;declme;the proffered ~rmrt (Standard or I OP) liocause~:of certain terms-and condrhons therein, you
may appeal the declined pertnrt nricler the Carps of Engineers Adr`riinrstratrve Appeal :Process: by completing Section II of this
..::form and'sendmg tfte fohn:to thc:~dvtsron eigtneer' This-forrii must be received by tht; division engineer witlytn•60;days ofhe
.-
dafe of this notice: ~: _ :.
':C PERMIT. ;DENIAL .You mayappcal tiho domal of a.permtt under the corps of.Engtneeirs Administrative Appeal Process.
': `. ~ is f rtn'and senditi the'fo~mao`thc 8ivision eti irieer .!this.foriri rr~ustlie redeived by t}ie'division
` by completing Soctton II of th . a g g
- ;;eagrneer wifhin'60 days of the:tiate;of tfits notice • ;
D APPROVED JURISDICTIONAL. DETERMINATION: You may accept or appeaithe-approved JD or , ...
prov+~e new: iztfornatton
"• :•.:::::ACCEPT''.:;.Y:ou:.aonotneea;to:hatrryme;~orpszo:accept:an:~
date ofthis notice; ~ means that you:accept the.appY6ved ;TD ii1
+ Al'PEAT.:iIf you disagree with the approv~daD, you may of
,.:. .
` ~':•`';:.'~~ appeal;hroeess'by:;coiripieting~Sectiari;IIoftliis:form'ana:ser
by the `liviSrtSn engineer within SO days of the.date' bfthis:nol

State of North + arolina
De artment of environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Sean Clark
Division of Water Quality
October 18, 2001
T30-
~~ ~ ...
N~DENR
NORTH G.ROLINA DEPARTMENT pF
ENVIRONMENT AND NATURAL RESOURCES
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 2761d
_ ...
Subject:
Dear Mr. Clark:
Neuse River Basin Riparian Buffer Rules
NBRRO 01-259
The Village at Town Hall Commons
S&EC Project #01-6020
Wake County
This letter will serve as confirmation of the buffer determinations made by S&EC and myself on
September 11, 2001 at the subject property referenced by the Raleigh Regional Office as NBRRO
01-259.
It was determined that the channel8 present on the property shown on either the Wake County Soil
Survey and /or USES Cary, NC quad map that are subject to protection under the Neuse River
Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, North Carolina Administrative Code T15A:02B.0233. The portion of the property
north of McCrimmon Parkway is in the Cape Fear River Basin and is therefore not currently subject
to buffer regulations. The feature labeled "A" on the attached map and the Wake County Soil Survey
is subject, feature `B" at flag #SOl, feature "C" at flag #205,, and feature "D" (from flag #100 to flag
labeled stop NBR) which are showp on the attached map. The channels are unnamed tributaries of
Crabtree Creek.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to
wetlands and other impacts, please contact the Central Office at 733-17$6. Thank you for your
attention to this matter and if this Office can be of any assistance of if you have additional questions,
please do not hesitate to contact us.
Sincere ,
arles Brown
Environmental Specialist
cc: RRO/John Dorney
h:/neusebufletlnbro1259
168 Mail Service Center, Raleigh, NC 27699.1628 Telephone (919)571x4700 FAX [phone]
An Equal Opportunity Affirmative Actlon Employer 50°A rscyclsdNOX post~onsumsr pap0r

+.12/29%04 17:19 FAZ 9195500978 Cent X aa6s
_.__;-
~,
r~ooz
U.S. ARMY CORPS OF ENGINEERS .
. ~Vhmisgtan Aistri+et
Acd'wn ID:,__, 2005 b8 Connty_
Jancomplete Application Not[tlcation
Pra~pCrty
Ov~fner ex es
• f3rav M hven
Address 301 u Sui x100
Raloi~ ~C 27612
Telephone Number X19-781-1952
Authorized
Agent oil & B11~TO on is Inc.
ttn• can Clark
Address i 10101Zavea Ri ee Rand
Raleigh, NC 27b1a
Telephone Number -84b-
~~ation/Dcscri 'on o~'Pr~oa .tl Aclfvity: The project (The G~arde~s at Tovm Hall Cvznmons) is
looted south of McCrimmon ParkwaY~ approximately 0.25 mile west of Church Street, in Morrisville,
Wake County, North Carolina. The project contains an unnamed tnibutary and adjacent wetlands, which
flow into Crabtree Creek, a tributary to±the Neese River. The application proposes impacts to 2861inaar
felt of intermittent stream channel and 0.374 acres of wetland aseociaxod with development of a
res~dontial subdivision. Tho application indicates that impacts "'nil result From placCment of fll for
development of lots and consttvction roads, a multi purpose pith, sewer lines, stormwater management
fadilities, No wetland or stream mitigation has been pmposed•
Tyrpe of Permit Applfed For (check ose): iP () NWP #_39 (X) GP # ( )
Al}plfcable Xs~v;' S'ectian 404 of the Clean Water Act (X ); Section 10, Rivera and H$rbor Act ( )
YQUR APPLYCATIOl~i/PRECOI~T~{'TRUC~'ION NOTIFXCATION IS . INCOMPY,ETE AND
CANNOT SE EVALUATED YJNTIL T~ FOLLOWING INFORMATION IS RECEIVED
(CkHECK ,ALL T1IA~' APPLY):
Yoia' app]ioationlpr~constructian ngtifi,oetion form has not been completed and/or signed (see remarks).
~,,.,,:Urder the conditions of Nation~avide Permit #~, you aro required to submit an aquatio resource mitigation
plan„ The requhtd p18n is either ins~bffciant or has not been included with your noti5cation (see remarks)-
" , . Your~applicatiouTpte-oo:astsuctian notilfieation did not include infoirnatioai descnbing measures'you have
implemented to avoid and minimize impacts to Waters of the united States.
Your submitted project plans ar maps weati insuffxcic~nt, too large, or not legible (see remarks).
~_Yaur applicatian/pTe-constructiaaa notification did not ix+clude a delineation of af£eoted special aciuahc sites,
including wetlands, vegetated ahallovva, a:nd riffle and pool compleus as required.
,_,_;_Your project is it a desigaatad trout soarer county. Natia~vide permit regional conditions rcquixe that a
copy ot'your applicatirnn be submitted to the local~NC Wildlife Resources Camrnission (WRC) for comment
(Address: wVesbarn Piedmont Region Coordinator, 3855 Idlewitd Road, Kernersvillt, NC 272849180)
'~C Other (See rcni~alcs) ~ ~ r .. `. _ ..~_.. ... ~ ' ` .

WITHEf~S
Site Access/Agent Authorization Form
~~~ RAV E f'J E L
ENGINEERS PLANNERS ~ SURYEYf:IRS
Project Name: ~~YSl1'~ 17~~~ ~~~~'L
Property Owner/Contract Purchaser: G~/S(~~' rIOM~$
Address• ?.3DI s(~iF~A~, ~tSN ~
~~"~~ 4
~~~~~. ~~i ~~Gr~--
Phone: ~ ~~-~ ~~~'' ~~~,_,~-
Fax: °~I~- ~~~~ 8
Email: `~"I~M • Ca r
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC -Division
of Water Quality, if necessary.
Property Owner: I M A ~ e.n ~~' ____ Date:
(Prin am
(Signature)

--, os~stem
PROGRAM
September 5, 2007
Angela Reincke
Centex Homes
2301 Sugar Bush Rd, Ste 400
Raleigh, NC 27612
Project: Town Hall Terrace County: WAKE
o~-~q83 V'3
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 CertificatiodCAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summazized in the
following table.
NEUSE
03020201 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri azian Coastal Marsh
Impacts 0 0 0 0 0.029 0 0 0
Credits 0 0 0 0 0.058 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
~.
Willis .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern. USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Todd Preuninger, agent
File
R~,stori%~t~... P ... Prot Our .~tu~

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

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