20060650 Ver 1_Application_20060412

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. ~ ~.` '~ '~ ~ ~.~ 5 0
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
I. Processing
Check all of the approval(s) requested for this project:
^ Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check ~ ~ ~ Li V ~ n
II. Applicant Information v u
APR ~ 2 2QQ6
1. Owner/Applicant Information DENR = WAY~t (iuA6~1'Y
Name: Aiken & Yelle Associates PA' Harold Yelle W~SNrQ STOf~IWATER gAAi~M
Mailing Address: 3755 Benson Drive; Raleigh, NC 27609
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aties(c~bellsouth.net
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: Jav Keller
Company Affiliation: Skelly and Loy, LLP
Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615
Telephone Number: 919-878-3535 Fax Number: 919-878-3550
E-mail Address: jkeller ,skellylov.com
Page 5 of fl 2

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Brynnan Place Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1747379686
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Brynnan Place
Directions to site (include road numbers, landmarks, etc.): Proceed north from Raleigh
on US-401. Tum right onto Mitchell Mill Road. Site is approximately 1/2 mile on left
(north).
5. Site coordinates, if available (UTM or Lat/I,ong): N 35° 53.13'; W78° 30.84'
6. Property size (acres): 10.77 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to the Neuse
River.
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mss/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: _. Forested tract with ephemeral stream and wetland
area transitioning to intermittent near middle of tract. Perennial tributary flows south
along east property line. Adjacent Brighton community to north. Residential and
small commercial area in vicinity.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: To install
one wetland crossing in order to complete the extension of Caliber Woods Drive to
Mitchell Mill Road (SR 2224). The crossing involves installing 62 If of 24" diameter
RCP 5 If dissipater, and headwalls as part of the bridge implementation. The
culvert will be placed in accordance to best management practices (BMP's) to allow
aquatic passage. Please see Sheet 3 of 9 (Site Layout, Grading, and Drainage
Plan) for details. This bridge will complete the Caliber Woods Drive Extension
project which will provide connectivity between Brighton Subdivision and Mitchell Mill
Road. This proposed road extension is an integral part in the US 401 / Forestville
Road Regional Analysis and is highlighted on the attached Map. Equipment to be
used includes a trackhoe and bulldozer. As illustrated on the site plan, we will also
be installing detention ponds and level spreaders to protect the water quality.
Details of the level spreader are included on the plan.
Additionally, the installation of a sewer line will be located on the east side of the
property. A 20-foot easement is required and trenches will be excavated using a
trackhoe. The easement will be graded to the pre-existing elevation and seeded for
grass. We are requesting placement of the sewer line in Zone 2 of the Neuse River
Buffer Area to avoid rock outcrops and provide gravity flow. Temporary buffer
impacts associated with this easement area is 620 square feet.
Lastly, to provide access to the neighboring property to the east, we are requesting
authorization for impacts to the Riparian Zones. Proposed impacts include 1,310
square feet and 1,890 square feet to Zones 1 and 2, respectively. During a recent
conversation with the City of Raleigh, personnel from Skelly and Loy and Aiken &
Yelle discussed the best location of this proposed thoroughfare. It was determined
that the proposed location is the best with several factors considered. They include:
stream sinuosity/location, rock outcrops, adjacent properties, etc.
i i. Explain the purpose of the proposed work: The construction of the road culvert will
be necessary to complete the Caliber Woods Drive Extension per the US 401 /
Forestville Road Regional Analysis. It will also provide access to Mitchell Mill Road
for this parcel and Brighton Subdivision. Additionally, the sewer line is needed in
providing gravity flow sewer to this property and adjacent properties.
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 ~ 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.LP. project, along with
construction schedules.
Page 7 ~i &2

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.
VI. Proposed hnpacts to Waters of the iTnited 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: A permanent croSSing is
proposed to be installed on a wetland area that drains to an unnamed tributary to the
Neuse River. Impacts to the wetland area include excavation and filling.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 fill 0.015 no 30 If Forested wetland

List the total acreage (estimated) of all existing wetlands on the property: 1/4 acre
Total area of wetland impact proposed: 0.015 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
.Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

Cumuflative impacts (linear distance in feet) to all streams on site: 158 ft permanent.
Page S of 1~

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
Site Number *
Type of Impact Impact
(if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) .bay, ocean, etc.)

5. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be 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. The proposed path of
Cannon Ridge Drive was selected to avoid the headwater wetland and buffered stream
areas. The wetland crossing was placed perpendicularly in a nan'ow section of the
wetland at a radius of curvature to satisfy emergency vehicle flow, avoid the buffered
stream directly adiacent to the east. and to minimize impacts to the riparian buffers.
Regarding the proposed buffer impacts in the southeast corner. we had a recent
conversation with the City of Raleigh. It was determined that the best location of this
proposed thoroughfare is in its current alignment. It was determined that the proposed
location is the best with several factors considered. They include: stream
sinuosity/location, rock outcrops, adjacent properties. etc.
The financial viability of this proiect depends on the development of this road and sewer
line. The proposed path of the sewer line was selected to avoid as many jurisdictional
areas as possible while still maintaining the lowest elevation possible. The proposed
line will be an extension of the Mitchell Mill Road sewer line and will satisfy the City of
Raleigh's criteria for a gravity driven sanitary sewer line.
Page ~ of 12

VIlI. 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 March 9, 2000, 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,
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 NCWRP 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
gg ~ ( k
_ ~y ~a 3f~.--- -..._---. .._
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. The project will establish and maintain wetland
and upland vegetated buffers to protect open waters along the tributaries #o the
Neuse River. These dedicated areas are indicated on the Site Plan. The proposed
wetland and buffer impacts are allowable without mitigation.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at ~~~' .,,-_~ _ If use of
the NCWRP is proposed, please check the appropriate box on page three 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
Page 10 of 12

Amount ofNon-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ^ No
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)?
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 ^
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 6y 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC ZB .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ^ If you answered "yes", provide the following information:
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.
Zone* (square feet) Multiplier Milggalion
l 2,905 sf 3 n/a
2 4,515 sf 1.5 n/a
Total 7,420 sf n/a
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
Page 11 of 12

identified within 15A NCAC ZB .0242 or .0260. The .proposed wetland and buffer
impacts are allowable without mitigation. The proiect will establish and maintain
wetland and upland ve_ etated buffers to protect open waters along the tributaries to the
Neuse River. These dedicated areas are indicated on the Site Plan.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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. Total acreage: 10.77 Ac. Impervious areas: existing-0; proposed Total-
57,590 (1.32 Ac. ). Proposed impervious areas include 54,310 SF of roads and 3.280
SF of sidewalks; 12.3%. Stormwater on site will be collected and discharged via level
spreaders and preformed scour holes to achieve diffuse flow through the Neuse River
Buffers in compliance with the Riparian Area Protection Rules. Two level spreaders will
be installed near the stormwater discharge areas to handle the Q10 flow. Level
spreader and preformed scour hole design is based upon DWQ's Draft Level Spreader
Design Options v.1.0, dated October 10. 2001. While under construction, temporary.
custom sedimentation basins will be installed outside of the buffers to protect them
against sedimentation along with other appropriate sedimentation and erosion control
measures in compliance with the Wake County S & EC requirements.
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.
To the City of Raleigh
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. 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).
. ' : ~....
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

April 4, 2006
TO: Skelly and Loy, LLP
6404 Falls of Neuse Rd.
Raleigh, North Carolina 27615
FROM: Harold A. Yelle
3755 Benson Drive
Raleigh, NC 27609
I, Harold A. Yelle , as a representative concerning the 10.77-acre property
on Mitchell Mill Road (SR 2224) in Raleigh, North Carolina , do hereby
authorize and give permission for Skelly and Loy to represent or act as agent on our
behalf and allow the COE or any other regulatory agency to go on the property with an
Skelly and Loy representative for such purposes as necessary to perform the job tasks.
The Wake County Parcel Number for this parcel is: 1747379686.
~~ ~~
5
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Harold A. Yelle
3755 Benson Drive
Raleigh, NC 27609
[phone]
Date

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
Page 1 of 1
Duty iu, iuus _ __
Skelly & Loy, LLP
6404 Falls of Neuse Rd.
Raleigh, NC 27615
Attn: Mr. Keller
Homes
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2$ .0233) (ISA NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name:
Location/Dtrections:
NBRRO#OS-191
County: Wake
Subject Stream: UT to Neuse River
Date of Determination: 6/29/05
Feature Start Buffer
GPS Points (if
rovided End Buffer Stream
Form Appeal
Call Located
on Soil
Surve Located on
USGS
Too a hic
A Sub ect X
B Sub'ect X X

Raleigh Regional Office 1628 Maii Service Center
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Brighton Town Homes
7!20/2005
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affectedparties
that dispute a determination made by the D WQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c% Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-d'ay statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is nottjled of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter l SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask jor a hearing
within 60 days.
The (owner/future owners) should noh; fy the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permk for the proposed activity. Any Inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876=8441.
Respectfully, n
~./1'lv~cl~C.~~--
Michael Horan
Environmental Spec. I
CC: Jean Maneule, US Army Corps of Engineers, Raleigh Regulatory Office
Debbie Edwards -Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Byron Brady, Wake County Environmental Services, P.O. Box 550, Raleigh, NC 27602
File Copy
Central Files
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