20150234 Ver 1_401 Application_20150315

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone. [phone] • Fax. [phone]
sandec com
To US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From Deborah E Shirley
Sod & Environmental Consultants, PA
Re Stillwater Subdivision
Apex, Wake County, NC
March 2, 2015
S &EC Project # 12237 W13
NC DWR, 401 & Buffer Permitting Uriit
PAR®
Attn Karen Higginsl
Archdale Budding = 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
2 0 1 5 0 2 3 4
On behalf of the applicant, Kolter Land Partners (Attn David Goracke) please find attached a complete
application and supplemental information requesting written concurrence from the U S. Army Corps of
Engineers and the N C Division of Water Resources (NCDWR) that the activities proposed below may
proceed under Nationwide Permit 18 & 29 and Water Quality Certification 3890 Please contact me at
(919) 846 -5900 if you have any questions or require additional information
PROJECT SUMMARY
Project Name
Stillwater Subdivision
Project Type
Residential Development
Owner / Applicant
Kolter Land Partners
County
Wake
Nearest Town
Town of Apex
Waterbody Name
UT to Beaver Creek
Basin
Cape Fear
Index Number
16-41-10-(0.5)
Class
WS -IV, NSW
IMPACT SUMMARY
Stream Impact (acres)
0 022
Wetland Impact (acres)
0 029
Open Water Impact (acres)
0
Total Impact to Waters of the U S (acres)
0 051
Total Stream Impact (linear feet)
205
Attachments
Pre - construction Notification (PCN) Application Form Impact Exhibits W1 -W5 & 1 of 5, 2 of 5 & 4 of 5
Agent Authorization Forms & Summary Cross Sections & Profiles (Road, Sewer & Trail)
USGS Topographic Map DWR ONLY
NRCS Sod Survey Map Post Drainage Area Map
Town of Apex Stream Buffer Determination Data CD w /SW Details and Report
Jurisdictional Determination $570 DWR Application Fee
Existing Conditions & Overall Site Plans

ot L'9
Do ©�6
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 14
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 10 Permit
1b Specify Nationwide Permit (NWP) number 18 & 29 1 or General Permit (GP) number N/A
1c
Has the NWP or GP number been verified by the Corps*
® Yes ❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
❑ Yes ® No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
❑ Yes ® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a
Name of project
Stillwater Subdivision
2b
County
Ul
Wake �' .' . _�
2c
Nearest municipality / town-
Apex
MAR, 0 9, 2019
2d
Subdivision name
Stillwater
2e
NCDOT only, T I P or state
project no
NSA DENR - WATER RESOURCES
401 & RMITTING
BUFFER PE
3.
Owner Information
3a
Name(s) on Recorded Deed
See Attached Stillwater Subdivision Property Ownership Summary
3b
Deed Book and Page No
Deed Bk- See Attached Deed Pg. See Attached
3c
Responsible Party (for LLC if
applicable):
See Attached Stillwater Subdivision Property Ownership Summary
3d
Street address
See Attached Stillwater Subdivision Property Ownership Summary
3e
City, state, zip
See Attached Stillwater Subdivision Property Ownership Summary
3f
Telephone no
See Attached Stillwater Subdivision Property Ownership Summary
3g
Fax no
N/A
3h
Email address
N/A
Page 1 of 14
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify Please copy Agent on correspondence
4b
Name
David Goracke
4c
Business name
(if applicable)
Koller Land Partners
4d
Street address
3737 Glenwood Avenue, Suite 100
4e
City, state, zip
Raleigh, NC 27612
4f
Telephone no.
919 - 573 -1818
4g
Fax no
N/A
4h
Email address
dgoracke(cilkolter com
5.
Agent/Consultant Information (if applicable)
5a
Name
Deborah Edwards Shirley
5b
Business name
(if applicable)
Soil & Environmental Consultants, PA
5c
Street address
8412 Falls of Neuse Road, Suite 104
5d
City, state, zip
Raleigh, NC 27615
5e
Telephone no
919 - 846 -5900
5f
Fax no
919- 846 -9467
5g
Email address
DShirley @SandEC.com
Page 2 of 14

B. Project Information and Prior Project History
1. Property Identification
la Property identification no (tax PIN or parcel ID)
Parcel ID 0711 -95 -5221, 0721 -04 -9139, 0721 -14 -4749,
0721 -14 -8533, 0721 -14 -7221 & 0721 -24 -2066
lb Site coordinates (in decimal degrees) IMPACTAREA 2B
Latitude 35 7134 Longitude - 78.9293
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
± 133
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
ONSITE UT to Beaver Creek 16- 41 -10 -(0 5)
proposed project
2b Water Quality Classification of nearest receiving water.
WS -IV; NSW
2c River basin
Cape Fear - Jordan Lake; Hydrologic Unit Code 03030002
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application Existing conditions consist of forested land with a buffered, intermittent stream bisecting the property.
Flowing into this stream are two (2) small buffered tributaries, an adjacent riparian wetland and a small linear wetland On
the southern portion of the property, there is a Town of Cary utility easement and Duke Power aena/ transmission line
The general land use in the vicinity of the project is rural residential
3b List the total estimated acreage of all existing wetlands on the property
Approximately 0 208 acres oflunsdict►onal wetlands exist on property,
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 4,829 linear feet of stream exist on property.
3d Explain the purpose of the proposed project
The purpose of the proposed project is to construct a residential subdivision and offsite utilities Stream and wetland
crossings are necessary to access the site and provide utilities
3e Describe the overall project in detail, including the type of equipment to be used
The overall project consists of the construction of a single - family residential subdivision including all roads, utilities,
pedestrian trail and stormwater BMP's Specifics include one (1) road crossing, three (3) sanitary sewer crossings
(one Bore & Jack, one crossing at break in jurisdictional stream and one open -cut offsite) and wetland impacts
associated with pedestrian trail and lot fill. Equipment typically used for earthwork and construction such as
backhoes, bulldozers, excavators, graders, pavers etc. will be used.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ® Final
Comments AID#SAW -2014 -00407
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company Soil & Environmental
Consultants, PA
Name (if known) Steven Ball
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
USACE site verification meeting with James Lastmger on 02118114; Town of Apex Buffer Determination made with
Michael Deaton on 01127114 (Apex 14 -003 Revised).
Page 3of14
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions
N/A
6. Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes, explain
'The project will be phased for construction purposes, however no future development phases anticipated.
Page 4 of 14

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ® Streams - tnbutanes ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W 1(#4A) ® P ❑ T
Lot Fill
Headwater Forest
Z Nos
Corp
0 008
W2(#4C) ®P ❑ T
Pedestrian Trail
Bottomland
Hardwood
® Yes
❑ No
® Corps
El DWQ
0 011
W3(#4C) ® P ❑ T
Fill within Utility
Bottomland
® Yes
❑ Corps
0 001
Corridor
Hardwood
❑ No
❑ DWQ
W4(#4C) ® P ❑ T
BMP Fill slopes
Bottomland
Hardwood
® Yes
❑ No
❑ Corps
❑ DWQ
0 009
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
2g. Total wetland impacts
0 029
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
31 ( #28) ® P ❑ T
Road Crossing
UT to Beaver
Creek
® PER
❑ INT
® Corps
❑ DWQ
5
144
S2 ( #2B) ❑ P ® T
Road Crossing-
Construction
UT to Beaver
Creek
® PER
❑ INT
® Corps
❑ DWQ
5
13
Corridor
S3 ( #5) ❑ P ® T
Sanitary Sewer-
UT to Beaver
® PER
® Corps
5
48
Open Cut
Creek
❑ INT
❑ DWQ
3h Total stream and tributary impacts
205
31 Comments Temporary stream impacts will be brought back to original elevations and stream banks stabilized
Page 5 of 14
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S then individ ally list all open water impacts below
4a
4b
4c
4d
4e
Open water impact
Name of
number —
waterbody
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
(if applicable)
Temporary T
01 ❑P ❑T
0. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
pond
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
Page 6 of 14

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form
6a.
❑ Neuse ❑Tar- Pamlico ®Other Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
131 ❑P ❑T
❑Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
B4 ❑P ❑T
El Yes
❑ No
B5 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments A no practical Alternatives request and review will be completed by the Town of Apex
Page 7 of 14

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The applicant contracted with S &EC to complete a wetland and Jordan Watershed Buffer evaluation for the entire
property and the offsite areas in order to identify the natural resources so that the project designers could design a site
plan that would minimize impacts to wetlands, streams and buffers to the maximum extent practicable. The proposed
project includes seven (7) impact areas that include impacts to jurisdictional wetlands andlor jurisdictional streams
There are additional impact areas that include proposed impacts to riparian buffers only, these exhibits were
included as a courtesy Impact 1B is sanitary sewer crossing proposing to cross the stream within a portion of the
feature that was determined to be non jurisdictional, thereby avoiding stream impacts in this location Impact #2B
includes a stream crossing necessary to access the western portion of the site. This proposed impact will result in
144 linear feet of permanent perennial stream impacts, in addition to 13 linear feet of temporary stream Impacts
necessary for construction These impacts have been minimized by utilizing headwalls and by locating the
proposed crossing within a segment of the stream that is less sinuous. Impact 3B is sanitary sewer crossing
proposing the Bore & Jack construction method, thereby avoiding additional stream Impacts for the project Impact
#4A includes a wetland impact necessary for lot fill, this is the location of the future amenity center The amenity
center location was determined by designing lot layouts and road infrastructure for the entire project, along with
utilizing the existing Town of Cary utility easement for pedestrian access The proposed impact will result in 0 008
acres of permanent wetland impacts Impact #4C includes permanent wetland impacts associated with a proposed
pedestrian trail, along with minimal fill within the utility corridor that crosses the pedestrian trail, and BMP fill slopes
This proposed impact, which was quantified into three (3) separate purposes, will result in a total of 0 021 acres of
permanent wetland impacts. Please note that additional stream Impacts have been avoided by utilizing a
pedestrian bridge for this pedestrian trail, this trail was designed to provide pedestrian access to the future amenity
center from the western side of the development. Impact #5 includes a 40' wide sanitary sewer and construction
easement necessary to provide sanitary sewer service to the proposed development. This proposed impact will
result in 48 linear feet of temporary stream impact to a perennial stream. Post - construction, the stream bed will be
brought back to original elevations and the stream banks will be stabilized
Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 18 & 29 With
respect to residential development conditions (NWP 29- Regional Conditions section 4.0) there are no impact
associated with single - family recreation facilities, there are no permanent wetland or stream fills proposed within the
floodwaylfloodplain and the stream classification for this project is WS -IV, NSW (I e. not Outstanding Resource
Waters, High Quality Waters, Coastal Wetlands or wetland adjacent to these waters) With respect to the minor
discharges conditions (NWP 18- Regional Conditions section 4 0) this NWP is not being used in conjunction with a
NWP 14 Please note that the NWP 18 is being requested for the 0 009 acres of wetland impact associated with
the BMP fill slopes
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques In
addition to specifying tree protection fencing, silt fencing, and a general construction sequence for the project, 1) the
road crossing dual culverts are proposed to allow for more efficient sequence of construction, specifically building one
culvert outside of the channel banks, installing culvert and then diverting flow into new culvert structure The existing
culvert will be diverted with diversion berms, fill slopes will use excelsior blankets to minimize potential erosion
Additionally, one of the sanitary sewer crossings will utilize the Bore & Jack construction method
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
Page 8 of 14
PCN Form — Version 1 3 December 10, 2008 Version

2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ® No
Proposed permanent impacts are < 0 10 acre wetlands and
< 150 linear feet of stream, therefore the applicant is not
proposing compensatory mitigation in the form of mitigation
payment but by minimizing impacts. If however, after the
review of this application the USACEJNCDWR determines
compensatory mitigation is required in the form of a
payment, the applicant will utilize a private mitigation bank or
the Ecosystem Enhancement Program (NCEEP)
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4.
Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
0 linear feet
4c. If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
0 square feet
4e
Riparian wetland mitigation requested
0 acres
4f
Non- npanan wetland mitigation requested-
0 acres
4g
Coastal (tidal) wetland mitigation requested
0 acres
4h. Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
Fa
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 9 of 14

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments A no practical Alternatives request and review will be completed by the Town of Apex
Page 10 of 14

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why Comments The
Stormwater Management Plan (SMP) has been submitted to the Town of Apex for
review and anticipated approval This SMP includes BMP's that control nitrogen
® Yes ❑ No
Once approved by the Town, the Applicant will provide a copy of the plan and
Approval to the Division for their files.
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
27
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan As
per the project engineer. There are a total of seven (7) BMP's scattered throughout the project to intercept storm water
runoff on the east and west sides of the intermittent stream that bisects the property
These BMP's will be wet ponds
designed for 90% TSS removal. The Town of Apex requirements for the 1 through 10 -yr design storms, as well as
reduces the 25 yr design storm. The applicant requests that a conditional 401 Approval be considered allowing the SMP
and its Approval by the Town be submitted to the Division once received from the Town of Apex.
® Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Town of Apex
® Phase II
3b
Which of the following locally - implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other.
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a
Which of the following state - implemented stormwater management programs apply
❑ HQW
(check all that apply)
❑ ORW
❑ Session Law 2006 -246
4b Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 11 of 14
PCN Form — Version 1 3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter )
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes ® No
2c
If you answered `yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b
If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2 1 The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations The
Stillwater Subdivision project is a residential development The property is located within the Town of Apex ETJ,
therefore the adjacent properties that have potential for development will have the following regulations to protect
downstream waters 1) the Water Supply, Watershed Protection Program which limits development densities as
well as requires protective riparian buffers, 2) the Jordan Watershed Riparian Buffer Protection regulations, these
regulations require limited development within the riparian buffer area in addition to `diffuse flow" requirements at a
minimum, and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved,
and finally 3) the Phase 11 NPDES Stormwater Permit Program, this program includes permitting requirements for
Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management
requirements We anticipate that the DWR will advise us if any additional information is needed
4.
Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
The project has an outfall draining to the Beaver Creek pumping station
Page 12 of 14
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
❑ Yes ® No "
5a Will this project occur in or near an area with federally protected species or 'Threatened /Endangered Species have
habitats been identified within the New Hill
topographic Quadrangle but not necessarily
in or near this project
5b Have you checked with the USFWS concerning Endangered Species Act I ❑ Yes ® No
impacts
5c If yes, indicate the USFWS Field Office you have contacted El Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? The NC- Natural Heritage Programs Data Search was used to search for elemental occurrences of federally protected
species listed within the New Hill Topographic Quadrangle map It was determined based on the search that there are three (3)
elemental occurrences that is listed as federally protected within the New Hill Quad map See table below
Scientific
JName'
;,Common
-
y Name
Topo,Map
t Status
, State
$ Profection
i;S'tatus
Federal
s Protection
t Status
'
Habitat Comment
mature forests near large bodies of water (for
Hahaeetus E I I
r leucocephalus a Bald Eagle Current T i BGPA nesting), lakes and sounds [nesting sites;
i s regular non - breeding sites]
Red- cockaded r ! mature open pine forests, mainly in longleaf
+ Picoides borealis 's Woodpecker ! Historical r E 4 E pine [breeding evidence only]
i Michaux's i sandhdls, sandy forests, woodland, woodland
Rhus michauxa g Sumac !Current ; E E jt edges
References North Carolina Natural Heritage Program Online Database Search [February 27, 2015] Department of Environment
and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC http / /www ncnho orp/
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Habitat Conservation /Habitat Protection Essential Fish Habitat View Tool [February 27, 2015] National Oceanic
and Atmospheric Administration, National Marine Fisheries Service
http / /www habitat noaa gov /protection /efh/efhmapper/mdex html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources'? The NC
State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 27, 2015, no
historic structures were identified within the property boundaries.
Page 13 of 14

8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? Project engineer and NC Floodplain Mapping Program
Deborah E. Shirley
Applicant/Agent's Printed Name
March 2,
2015
Date
Applicant/Agent's Signa ure
(Agent's signature is valid only if an authorization letter from t applicant
is provided )
Page 14 of 14

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$41^_ l'a ➢a of \cv,c Ro id Suuc 104, R;JE -0i, \C 2761;- Pli�mt 1 0) 3N. -iMkt
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AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: ��er. �vm►�1� CAS tjCIti��c�
Address:
AV L Z75-)l
PIN c�21 A -1`5 1
Phone. �� L, Z- Li Z&- - L-) Z1 , U9 - 91 "KI
Project Name /Description: /J -o--*1 b% Tna d S&EC Project # /-Z-Z:57. 4J 1
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P O. Box 1890
Wilrrungton, NC 28402
Attn
Field Office: j -
u
Re. Wetlands Related Consulting and Pernvttulg
To Whom It May Concern:
I, the current lLro . : owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as me agent in the processing of permit applications, to furnish upon request
suRplemental information in support of applications, etc. from this day forward The day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S &EC staff. You should call S &EC
to arrange a site meeting prior to visiting the site. ,
Print Property Owner's Name Properh, Owner's Signature
CL W Karen Higgins cc, Mr_ Steven Ball
NCDENR - DWQ WeSCAPe Soil & Environmental Consultants, PA
Archdale B-ilding
512 N Salisbury Street, 9d, Floor
Raleigh, NC 27604

Soii & Environmental Consultants, PA
ru12 1'4 of \nn, Ru ul Sun, 104 R Jcndi \C 2761 i • PI,. +u r. P)19) u. iM1u • 1 r)191
'IN ­.d­ un,
AGENT ALJTHOR17ATIOI\ FORAM
All Blanks To Be Filled In By The Current Landowner
Name: Ck ,-& i­ I,- S LJ <1-, -- 61
Address: iA4.e In L..0
91 J1 -0-- u� 1 I -a5 -`_S ZZ)
Phone: �!� -7-1 — 0-1
Project Name/ Description: 6l-- Try d 5&-EC Project # / Zz 3 7 - tJ .Z
Date:
The Department of the Army
U 5 Army Corps of Engineers, Nilminglon District
P.O. Box 1890
Wihnington, NC 28402
Attn.
Field Office
Re. tVetlands Related Consulting and Permitting
To S• \Thom It May Concern
1, the current L?rouerty owner, hereby designate and author tze Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of pernut applications, to furnish upon request
supplemental information in support of applications, etc. from this day fan, and The �_ day of
�Gt ✓� 1 y 1 `'(
Tfus notibcation supersedes any previous correspondence roncPrning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S &EC
to arrange a site meeting prior to visiting the site.
Print Property 0%,.,nei's Name
Lt Ms- Yuen H.g,,ns
NCDENR - DWQ WeSCAPe
ATehda), 13_i1mc
512N, salsbun-Street 96 Fier
Raleigh, NC 27604
��� . c •� L' � he (
Properh- Owner's Signature
%4r 51eNenBall
So,l & Fi,),uo,wuntal Comu+tants, PA

Environmental Consultants,
8412 I'alk of Ne w Road, SuUe IN, Raleoi, I;C 27015 • 11i me (919) "P -31XX)
+:ndec corn
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
Name:
Address:
07
Phone: !' l �7 — 3
Project Name/ Description: Richardson Road Infrastructure S &EC Project # 12237
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: lames Lastinger Field Office: Raleigh Regulatory Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Soil & Environmental
Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc fr m this day forward in accordance
with th e Pro osal accepted by the er for this Project. The�day of
sf� @.n 1Lf zOr��
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S &EC staff, You should call S &EC
to arrange a site meeting prior to visiting the site. // ,l" I
#11' 10�f -
Print dp[s/ti -F/L ignature
cc, Ms. Karen Higgins
NCDENR - DWR
512 N. Salisbury St
of Raleigh, NC 27604
cc. Ms. Deborah Edwards Shirley
Soil & Environmental Consultants, PA
odr� �v.LtvA t�

Environmental Consultants,
8412 Falls of 'Neusc Road, Suite 104, Raleigh, NC _7615 • Phone [phone]
sandec com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
Name: Kenneth Roy Marks and Sue Carol Marks
Address:
Phone:
2510 Richardson Road
Apex, NC 27502 f I N 44 on 2 � - 14 — 7, ZZ 1
(919) 387 -0824
Project Name/ Description: Richardson Road Infrastructure S&EC Project # 12237
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Tames Lastinger Field Office: Raleigh Regulatory Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municilal official, hereby designate and authorize Soil & Environmental
Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc. fro this day forward in accordance
with the Proposal accepted by the owner for this Project. The a 15' day of
oe O / i 01
01
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S &EC staff. You should call S &EC
to arrange a site meeting prior to visiting the site.
,YennY,-f Mars
Print Municipal Official's Name
cc Ms Karen Higgins
NCDENR - DWR
512 N Salisbury St.
Raleigh, NC 27604
M nicipal Official's Si tore
cc Ms. Deborah Edwards Shirley
Soil & Environmental Consultants, PA

Environmental Consultants,
\C _761, • 1`1111tnc (919) M.9M
a.uul�rty nn
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Address: 25-0-15 QkIIIMA�Wl plr"
Phone. i_la�t
Project Name/ Description: 6Jv+- %Wc ?rac:4 S&ECProject # %ZZ -37. WI-
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: . C' S (-,k ,✓
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It Max, Concern:
I, the current property owner, hereby des1g11ate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of pernut applications, to furnish upon request
supp rental information in support of applications, etc. from this day forward. The �_ day of
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should can S &EC
to arrange a site meeting prior to visiting the site.
T aW% W. C., d....7 rt
Print Property Owner's Name Pr erty Owners Signature
CC. Ms. Karen Hisgms a. A& Steven Ball
NICDENR - DWQ WeSCAPe Soil & Environmental Consultants, PA
Archdale B=lding
5121v Salislmry street, 98Floor
Raleigh, NC ljbM
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Project Area
IL'.
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a
Project No.
USGS Vicinity Map
12237. W 1
Project Mgr.:
Womble /Ragan Rd. Site
Sa
Wake Co., NC
Scale:
1" = 1,000'
2013 New Hill
2014 -01 -06
USGS Quadrangle
! `HUMlE �i-�v
0 1,000 2,000 4,000
Feet
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THE PEAK OF 0000 LIVING
P O BOX 250
APEX NORTH CAROLINA 27502
May 1, 2014
Steven Ball
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Stream Buffer Determination JApex 14 -003 - Revised
Womble /Ragan Road Site
Primary Watershed — Jordan Lake Watershed
Dear Mr. Ball,
On January 27, 2014, 1 met with you at the subject site to evaluate five (5) drainage features
and determine if they were subject to the Town of Apex (Town) riparian buffer rules.
Additionally, we visited the site on March 11th to evaluate feature 'T'. Based on the
information obtained during the site visits and per the requirements set forth in Section 6.111
of the Town Unified Development Ordinance (UDO), I concur with the drainage features as
shown on the attached map titled "Sketch map" and summarized in the table below.
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Feature A
(Above confluence point
Intermittent
Intermittent
Not Contested
50 feet
with Feature B)
Feature A
(Below confluence point
Perennial
Perennial
Not Contested
100 feet
with Feature B)
Intermittent @ "S01
Feature B
Intermittent
Perennial
50 feet
Start" Flag
Intermittent @ "SO4
Feature C
Not Present
Intermittent
50 feet
Start" Flag
PPEk
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I

Town of Apex
Stream Buffer Determination (Apex 14 -003)
Page 2 of 2
Feature E
Intermittent
Not Present
Not Present
0 feet
Feature F
Intermittent
Intermittent
Not Present
0 feet
Not Part of a Natural
Pond 1
Present
Present
0 feet
Drainage Way
Ephemeral
Feature Z
Not Present
Intermittent
0 feet
(5.5 points)
This on -site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the Division of Water Quality (DWQ) or
Delegated Local Authority in the Jordan Lake watershed may request a determination by the
DWQ Director
An appeal request must be made within sixty (60) days of date of this letter or from the date
the affected party (including downstream and /or adjacent owners) is notified of this letter. A
request for a determination by the Director shall be referred to the Director in writing c/o Ian
McMillan, DWQ Wetlands /401 Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650.
Otherwise the appeal procedure will be in accordance with LIDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative
hearing. You must file the petition with the Office of Administrative Hearings within sixty (60)
days of receipt of this notice of decision A petition is considered filed when it is received in the
Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm,
except for official State holidays. To request a hearing, send the original and one (1) copy of the
petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714 A copy of the petition must also be served to the Department of Natural Resources, c/o
Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal
within sixty (60) days. If you have any questions, please do not hesitate to contact me at (919)
249 -3413.
Sincerely,
Michael S. Deaton, PE
Environmental Programs Manager
Attachments
PPEk
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o� A,
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(OMIE 001,
Project No.
USGS Vicinity Map
0 1,000 2,000
4,000
12237A1
Feet
Project Mgr.:
Womble/Ragan Rd. Site
SB
Wake Co., NC
Scale:
I" = 1,000'
Soil & Environmental Consultants, PA
2013 New Hill
2014-01-06
USGS Quadrangle 18
8417 U.16 A N- R-d, Smi, 104. R.WqOi. \(' 77415 MI.,:
-d-�,
(919) N46-t"I (919) W-94-7
I

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW -2014 -00407 County, Wake U S G.S Quad: NC -NEW HILL
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Beazer Homes
Britt Spivey
Address: 4509 Creedmor Rd.
suite 200
Raleigh, NC, 27612
Telephone Number:
Size (acres) 132 Nearest Town Apex
Nearest Waterway Bearer Creek River Basin Haw. North Carolina.
USGS I IUC 3030002 Coordinates Latitude. 35.7125427197138
Longitude: - 78.9297240455004
Location description- The property consist of four tracts bordered to the southwest by Ragan Rd., and to the east by
Richardson Rd. near the town of Apex, Wake County, North Carolina. Aquatic features on site drain to Beaver Creek,
In the Cape Fear River basin. This site consists mainly of forested and agricultural tracts.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on May 6, 2014. 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.
4 There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City. NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact James Lastinger at 919 -553 -3884 x32 or
James.C.LastineerAusace.army. mil.
C. Basis For Determination: Stream channels on site exhibit an established OHWM. Wetlands on site exhibit
the three criteria as described in the Corps wetland delineation manual and appropriate regional supplement.
D. Remarks: Site visit was made on February 18, 2014 to verify iurisdictional features.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation /determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1 985 If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303 -8801
fn order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by 7/7/2014
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. ** j)
Corps Regulatory Official.
I V
Date: May 6,201 Expiration Date: May 6, 2019

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Sumey, located online at
http: / /regulatory.usaeesurvev com/.
Copy furnished:
Soil and Environmental Consultants
Attn: Steven Ball
8412 Falls of Neuse Rd.
Suite 104
Raleillh, NC 27615