20141292 Ver 3_ePCN Application_20230208

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
12/1/2022
BIMS # Assigned* Version#*
20141292 3
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
9900 Ray Road
la. Who is the Primary Contact?*
Deborah Shirley
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/8/2023
Nearest Body of Water
UT to Lower Barton Creek
Basin
Neuse
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.9204 -78.7119
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
2/1/2019
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Cleats Properties, LLC
2b. Deed book and page no.:
DB: 015807, DP: 00598
2c. Contact Person:
Chris Suber
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
PO Box 446
Address Line 2
City State / Province / Region
Camden NC
Postal / Zip Code Country
27921 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Nasir Dukes
3b. Business Name:
Dukes Properties & Construction, LLC
3c. Address
Street Address
3803 Junction Blvd.
Address Line 2
City
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road, Ste. 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Raleigh
2. Project Identification

2a. Property Identification Number:
0789-50-0359
2b. Property size:
14.35
2c. Project Address
Street Address
9900 Ray Road
Address Line 2
City
Raleigh
Postal / Zip Code
27613
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT to Lower Barton Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010602
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The existing conditions onsite consist of forested land. There are two stream features onsite, perennial stream A and intermittent stream B, six wetland areas (W1 - W5, and LW1) and
pond 1 which straddles the southern property boundary. The general land use is rural residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2013-01631 (issued in 2015 & 2019)
DWR #14-1292 v2 (issued in 2015 & 2019)
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 2.578 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 1,405 LF
4h. Explain the purpose of the proposed project: *
The purpose of this project is to provide access to three lots.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project consists of a single-family residential subdivision with three lots and the construction of driveways and single-family lots. Specifically, there are stream, riparian buffer
and wetland impacts associated with two driveway crossings. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will
be utilized for this project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2013-01631
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
A.J.Kamal
Soil & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE: Email concurrence from Lyle Phillips on August 22, 2022
NCDWR: Site visit with Colleen Cohn July 26, 2022 (NBRRO #22-238

6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Driveway Crossing
P
Bottomland Hardwood Forest
W5
Yes
Both
0.001
(acres)
2
Driveway Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
0.098
(acres)
2
Driveway Crossing-
Tempoary Construction
Access
T
Bottomland Hardwood Forest
W1
Yes
Both
0.027
(acres)
2g. Total Temporary Wetland Impact
0.027
2g. Total Wetland Impact
0.126
2i. Comments:
2g. Total Permanent Wetland Impact
0.099
Temporary wetland impacts will be brought back to pre -construction contours and the existing adjacent wetland source will assist in the restoration of the
wetland vegetation.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Impact1-Road Crossing
Permanent
Culvert
A
Perennial
Both
11
Average (feet)
30
(linear feet)
S2
Impact 1-Road Crossing-
Temporary Construction
Access
Temporary
Other
A
Perennial
Both
11
Average (feet)
40
(linear feet)
S3
Impact 2-Road Crossing
Permanent
Culvert
B
Intermittent
Both
5
Average (feet)
30
(linear feet)
S4
Impact 2-Road Crossing-
Temporary Construction
Access
Temporary
Other
B
Intermittent
Both
5
Average (feet)
47
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
60
3i. Total stream and ditch impacts:
147
3i. Total temporary stream impacts:
87
3j. Comments:
Total permanent loss stream = 60 LF (0.011 acres); Total temporary stream = 87 LF (0.016 acres); Temporary stream impacts will be brought back to
pre -construction stream bed elevations and the stream banks will be stabilized.
6. Buffer Impacts (for DWR)

6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Impact 1-Road Crossing
P
A
No
4,500
3,100
Impact 2-Road Crossing
P
B
No
4,300
2,600
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
0.00
Zone 1
8,800.00
Zone 2
0.00
Zone 2
5,700.00
Zone 1 Zone 2
8,800.00 5,700.00
Riparian buffer impacts from SCM are "deemed allowable" per 15A NCAC 02B .0714(9)(a)(i).
E. Impact Justification and Mitigation
1. Avoidance and Minimization
u
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts
could be avoided and minimized to the maximum extent practicable. Impact #1 is proposed driveway crossing to a perennial stream and wetland area.
Proposed impacts include permanent (culvert & headwall) and temporary (construction access) stream impacts, permanent (fill slope) wetland impacts
and riparian buffer impacts. This road crossing is necessary to provide access to the lot from Ray Road. Impacts have been minimized by shifting the
crossing to the west to avoid wetland impacts, in addition to crossing the stream at a perpendicular angle and utilizing headwalls and wing walls. Impact
#2 is proposed driveway crossing to an intermittent stream and wetland area. Proposed impacts include permanent (culvert & headwall) and temporary
(construction access) stream impacts, permanent (culvert & headwall) and temporary (construction access) and riparian buffer impacts. This road
crossing is necessary to provide access to the northwestern portion of the property. Impacts have been minimized by shifting the crossing to a narrow
section of the wetland, in addition to crossing the stream at a perpendicular angle and utilizing headwalls and wing walls. Temporary stream impacts will
be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. Temporary wetland impacts will be brought back to
pre -construction contours and the existing adjacent wetland source will assist in the restoration of the wetland vegetation. Riparian buffer impacts from
SCM are "deemed allowable" per 15A NCAC 02B .0714(9)(a)(i).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Per the project engineer: Headwalls are used to minimize impacts from fill slopes to stream and riparian buffers. Sandbags and pumps will be used to
dewater site and minimize impacts up and downstream of project site. No direct discharge from diversion ditches to wetlands or streams is proposed.
Ditches are designed to dissipate flow at points of discharge.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent loss stream impacts are less than 0.02 acres, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable.
Therefore compensatory mitigation in the form of mitigation payment has not been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Wake County
Comments:
Two constructed stormwater wetlands
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. 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 9900 Ray Road project is a residential development. Additionally, the project is located within Wake County jurisdiction,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse
River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best
Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this
program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater
management requirements; and 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective
riparian buffers. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No

5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. 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 Explorer Map was used to search for elemental occurrences of federally protected species listed within and
within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally
Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2023. Geographic Information
System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: February 6, 2023).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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 status?*
Yes No
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 6, 2023, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PCN Attachments_9900 Ray Rd 12060.pdf 14.98MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Deborah Shirley

Signature
Date
2/8/2023

PCN Attachments
1. AGENT AUTHORIZATION
2. NCDWR PRE -FILING ACKNOWLEDGEMENT
3. USGS TOPO VICINITY MAP
4. NRCS COUNTY SOIL SURVEY VICINITY MAP
5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL)
6. S&EC SKETCH MAP
7. NCDWR BUFFER DETERMINATION LETTER
8. 404 NATIONWIDE PERMIT VERIFICATION SAW-2013-01631 (2019)
9. 401 AND NEUSE BUFFER AUTHORIZATION APPROVAL (2019)
10. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
11.IMPACT EXHIBITS
12. POST -CONSTRUCTION DRAINAGE AREA MAP

Environmental Consultants,
8412 Ells of Neuse Road, Suite 104, Raleigh, NC: 27615 • Phone: O19) 846-5900
sandec.com
AGENT AUTHORIZATION
Project Name/Description: 9900 Ray Road S&EC Project # 12060
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0789-50-0359
Site Address: 9900 Ray Road
City, County, State: Raleigh, Wake County, NC
Name: -)" a P_`' PvT O lat;Ul.. LL- -
MailingAddress: �> ,'1 -'.'l)J&
Telephone Number: — 3 - -7-7 (o
Email: V-) dUtz.-PS (e�Irlu f(k�_Slaa'0424+ e . C
Applicant ( ]pie print) / Date
icant
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Deborah Shirley
From: Deborah Shirley
Sent: Thursday, December 1, 2022 12:06 PM
To: [e-mail]
Cc: Thomas, Zachary T
Subject: DWR Pre -Filing Meeting Request-9900 Ray Road
Attachments: Overall Stream Impact Map.pdf; Overall Buffer Impact Map.pdf
401/Zachary:
Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed. Note that Colleen liked for
us to copy her on these, so I will continue to do so if that works for you.
Contact: Deborah Shirley
Contact Email address: [e-mail]
Project Applicant: Duke Properties & Construction, LLC-Nasir Dukes: [e-mail]
Project Name: 9900 Ray Road
Project County: Wake
Is this a Transportation Project: No
Types of Approvals Sought from DWR: 401 WQC-4256
Types of Approvals Sought from USACE: NWP 29
Does this project have an existing project ID#? Yes, DWR 14-1292v2 (previously authorized impacts never completed)
Name of staff member you would like to request a meeting with? Zachary Thomas
Brief Description of the proposed project:
The proposed 9900 Ray Road project is located at 9900 Ray Road, Raleigh Wake County, NC. The project is
approximately 14 acres. The project purpose is to construct three single-family residential lots and its necessary
infrastructure including but not limited to; driveways, structures and utility connections/septic.
Overall site plans attached.
Thanks,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]

Mobile [phone]
[e-mail]
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
APlease consider the environment before printing this email.

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05/10/2022 y -&-.m

Deborah Shirley
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Get Outlook for iOS
AJ Kamal
Monday, August 22, 2022 3:49 PM
Steven Ball
Fwd: 9900 Ray Road / Raleigh / Wake County / SAW-2013-01631 / JD request
Wetland Sketch Map.pdf
Follow up
Flagged
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, August 22, 2022 3:07 PM
To: AJ Kamal <[e-mail]>
Subject: 9900 Ray Road / Raleigh / Wake County / SAW-2013-01631 / JD request
AJ,
I do not need to make a site visit for the above referenced project, and concur with the delineation within the red
outlined "Evaluation Area" depicted on the attached "Wetland Sketch Map" exhibit. Due to workload volume it may
take 90-120 days for the issuance of a standalone JD, however, you may use the delineation for planning and permitting
purposes. Should the need for a permit arise the JD may be issued with the permit verification. The AID for this project is
SAW-2013-01631. I have attached the "Wetland Sketch Map" exhibit for reference.
Please let me know if you have any questions/concerns.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
Email: George. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory•ops.usace.armV.mil/customer-service-survey/ . Thank you for taking the time to visit this
site and complete the survey.

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I \ \ \ \ ♦ ♦ ♦� �� / _ \ \\ 11 /� \ \" � \ \\\\\\\\ \
0 POTENTIAL NON -WETLAND WATERS
� POTENTIAL NON -WETLAND WATERS
Waters of the US
Planning Only
nap based on more fieldwork, � POTENTIAL WETLAND WATERS
imations were mapped using
thing. If the site is going Potential 50' Neuse Buffer
should be approved and
m as required. If the user of Q POTENTIAL NON -WETLAND WATERS
dated features flagged by
)fessional Land Surveyor to ® POTENTIAL WETLAND WATERS
I

DocuSign Envelope ID: 725A4341-6974-417E-BB4F-AB70A2088A45
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Cleats Properties, LLC
Attn: Chris Suber
1761 Church Street
Norfolk, VA 23504
NORTH CAROLINA
Environmental Quality
August 2, 2022
Subject: Buffer Determination Letter
NBRRO 922-238
Wake County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination
❑ Jordan (15A NCAC 2B .0267)
(where local buffer ordinances apply)
(governmental and/or interjurisdictional
projects)
Project Name 9900 Ray Rd
Address/Location 9900 Ray Rd, Raleigh NC
Stream(s): Unnamed Tributaries to Lower Barton Creek
Determination July 26, 2022
Date:
Staff: Colleen Cohn
Feature
VIM
Not
Subject
Start @
Stop @
Soil
USGS
Subject t2)
Survey
To o
A
P
X
Throughout property boundary
X
X
I
X
Offsite
S&EC flag S01 approx.
35.921829,-78.713026
B
I
X
S&EC flag S02 approx.
Confluence with A
X
X
35.921291,-78.413464
C
NP
X
X
D
NP
X
X
Pond
X
X
X
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to
applicable water quality standards and permitting requirements.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�

DocuSign Envelope ID: 725A4341-6974-417E-BB4F-AB70A2088A45
9900 Ray Rd
Wake County
August 2, 2022
Page 2 of 2
Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of
Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is
not present. Streams that are checked "Subject" have been located on the property and possess
characteristics that qualify it to be at least an intermittent stream. There may be other streams located on
the property that do not show up on the maps referenced above but may be considered jurisdictional
according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by
the Director. An appeal request must be made within sixty (60) days of date of this letter. A
request for a determination by the Director shall be referred to the Director in writing. If sending
via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service
Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski;
DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested
within sixty (60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should
be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Colleen Cohn at (919) 791-
4258.
Sincerely,
Es
DocuSigned by:
tb{f Vlbl,w,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy/Laserfiche
A.J. Kamal, Soil & Environmental Consultants (via email)
NORTH CAROLMAD_ E Q f
Depanmem of Enelmnmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 725A4341-6974-417E-BB4F-AB70A2088A45
DWR# 22-238
9900 Ray Rd, Raleigh
Wake County
D
i
GZ sr
�4 G n *'
32 f G
_ � r
Pond
%\r Not Subject
Cgf$
Feature C
CgC2 Not Subject
?7
CeD ,
CeD
ZN -f
Feature B
Subject
Feature A
Subject
n CI 33
M
Feature D
Not Depicted
CtE3 -`
CIC3'
R _ Gm
APO
ME
1 �ApD
� Tc STATE �.
MAY�a in9
Legend:' y
-Approximate Site Boundary:IA
.co
-Approximate Start/Stop Point
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for refer-
ence only ::

DocuSign Envelope ID: 725A4341-6974-417E-BB4F-AB70A2088A45
Feature B
Subject
Pond
Not Subject 7k
Legend:
-Approximate Site Boundary:
-Approximate Start/Stop Point
DWR# 22-238
9900 Ray Rd, Raleigh
Wake County
4 �:
Feature A 'wO�a'r_ `
r
Subject -- ►-���=_ __
�A ti II 1
Feature C
Not Depicted
05TATfMap provided by NCDEQ
Ot MAY zo. a3 /I{,
l�N Division of Water Resources
s
-- :: Locations are approximate
and are provided for refer-
w 2'wvl5 ence only ::

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-01631 County: Wake U.S.G.S. Quad: NC-Bayleaf
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Cleats Property, LLC
Chris Suber
Address:
P.O. Box 446
Camden, NC 27921
Telephone Number:
757-435-0632
E-mail:
chriss(&cdsi-va.com
Size (acres) 14.4 acres
Nearest Waterway Lower Barton Creek
USGS HUC 03020201
Nearest Town Raleigh
River Basin Neuse
Coordinates Latitude:35.921145
Longitude:-78.712654
Location description: The project area is located 1,100 feet northwest of the intersection of Rav Road and Hemingwood Court.
PIN:0789500359
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.004 acre of
wetland and 19 linear feet of stream and the temporary discharge of fill material into 0.003 acre of wetland and 12 linear feet
of stream to facilitate the construction of a driveway which would access a single-family residential home.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 2/l/2019, and the enclosed plans dated 10/27/2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Roscoe L. Sullivan, III at 919-554-4884 ext. 25 or roscoe.l.sullivan(a)usace.army.mil.
Corps Regulatory Official: Date: 03/14/2019
Expiration Date of Verification: 03/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=13 6:4: 0
Copy furnished:
Agent: Soil & Environmental Consultants, PA
Deborah Shirley
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Telephone Number: 919-846-5900
E-mail: dshirlevna,sandec.com

Action ID Number: SAW-2013-0163ICounty: Wake
Permittee: Cleats Property, LLC, Chris Suber
Project Name: 9900 Ray Road
Date Verification Issued: 03/14/2019
Project Manager: Roscoe L. Sullivan, III
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Roscoe L. Sullivan, III
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

99
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
March 13, 2019
Cleats Properties, LLC
Attn: Chris Suber
P.O. Box 446
Camden, NC 27921
NORTH CAROLINA
Environmental Quality
DWR #14-1292 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS
9900 Ray Road
Dear Mr. Suber:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on February 1, 2019 with
payment received on February 5, 2019. These impacts are covered by the attached Water
Quality General Certification Number 4139 and the conditions listed below, This certification is
associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited toy
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This
401 Water Quality Certification and Authorization Certificate for DWR 14-1292 v2 replaces
the 401 Water Quality Certification and Authorization Certificate for 14-1292 v1 dated
January 2, 2015.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC
02B .0233(8)]
North Carolina Department of Environmental Quality 1 Division of Water Resources
D E � Raleigh Regional Office � 3800 Barrett Drive I Raleigh, North Carolina 27609
9]9.741.4200

9900 Ray Road
DWR #14-1292 v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetlands
W1: Driveway -Culvert
0.004 (acres)
0 (acres)
W2: Driveway -Construction Corridor
0 (acres)
0.003 (acres)
Stream
S1: Driveway -Culvert
19 (linear feet)
0 (linear feet)
S2: Driveway -Construction Corridor
0 (linear feet)
12 (linear feet)
Buffers - Zone 1
131: Driveway
2,189 (square feet)
0 (square feet)
Buffers- Zone 2
B1: Driveway
1,714. (square feet)
0 (square feet)•
21, Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non -erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)1
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation, of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information sN'ail be provided orally within 24 hours (or the
next business day if a weekend or holid'ay)from the,time the applicant became aware of the
circumstances. A written submission shall;aiso;.be provided Within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance,and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and'steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No. waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no -
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
j and' .0502]

9900 Ray Road
DWR #14-1292 v2
401 AND BUFFER APPROVAL
Page 3 of 4
5. Protective Fencing
The outside buffer, wetland'or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility'material) for the'areas that have been approved to
infringe within the buffer, wetland or water prior to any:land disturbing.activities to,ensure,
compliance with 15 NCAC,02H .0500. [15A NCAC 02H .0506 (f )(2) and (c)(2) and 15A NCACI
02H .0507'(c)]
6. This approval is'for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference' as part of the Certification and,
Buffer Authorization. If you change your project, you must notify the Division and you 'may,
be required to submit a new..application package with the appropriate fee. If:the!property is
sold, the new 'owner must be'given a copy of this approval letter and General Certification
and is responsibil,e for complying with all conditions. [15A NCAC 026.0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143=215.5]' I
This Certification and Buffer Authorization can be contested as provided'in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
it
A petition form maybe obtained from the OAH at http://www.ncoah.com/'or by'calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any,applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:6opm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed'transmission.
Mailing address for the OAH:
If sending by, First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service.Center
Raleigh, NC 27699-6714
11
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

9900 Ray Road
DWR #14-1292 v2
401 AND BUFFER APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sincerely,
Rick Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at [e-mail]

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PROJECT NUMBER. 22019
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