20150348 Ver 1_401 Application_20150415

2 0 1 5 0 3 4 8
Soil & Environmental Consultants, PA
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 Edwards Shirley
Sod & Environmental Consultants, PA
Re Richardson Road Infrastructure
Apex, Wake County, NC
April 8, 2015
SAC jec #� 2237 W 10
NC DWR, 401 & Buffer Permi mg. �t Vj
Attn Karen Higgins
Archdale Budding — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
On behalf of the applicant, Mr David B Hughes, the Assistant Director of the Town of Apex Public Works & Utilities
Department, please find attached a complete application and supplemental information requesting written
concurrence from the U S Army Corps of Engineers (USACE) and the N C Division of Water Resources ( NCDWR)
that the activities proposed below may proceed under Nationwide Permit 12 In addition, the applicant would like to
request a Jordan Lake Watershed No Practical Alternatives Determination from the NCDWR for the proposed
impacts to riparian buffers
Please contact me at (919) 846 -5900 if you have any questions or require additional information
PROJECT SUMMARY
Project Name
Richardson Road Infrastructure
Project Type
Utility Line Construction
Owner / Applicant
Town of Apex
County
Wake
Nearest Town
Apex
Waterbody Name
Beaver Creek
Basin
Cape Fear - Jordan Lake Watershed
Index Number
16-41-10-(0.5)
Class
WS -IV, NSW
IMPACT SUMMARY
Stream Impact (acres)
0 013
Wetland Impact (acres)
0 117
Open Water Impact (acres)
0
Total Impact to Waters of the U S (acres)
013
Total Stream Impact (linear feet)
30
Total Riparian Buffer Impact (sq ft )
Zone 1 1,941
1 Zone 2 1,267
Attachments
Pre - construction Notification (PCN) Application Form
Agent Authorization Form Overall Impact Maps
NRCS Sod Survey Map Wetland Exhibits w/ Plan & Profile
USGS Topographic Map $240 DWR Application Fee
Memorandum of Agreement

O�O W, ,AT
O Nii� -c
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 15
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 El Section 10 Permit
1b Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number
1c
Has the NWP or GP number been venfied by the Corps'
® Yes
❑ No
1d
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 1h
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
Richardson Road Infrastructure
2b. County
Wake
2c
Nearest municipality I town.
Apex
2d
Subdivision name
NIA
2e
NCDOT only, T.I.P or state
project no
NIA
3.
Owner Information
3a
Name(s) on Recorded Deed
Town of Apex Public Works,& Uhhhes Department
3b
Deed Book and Page No
N /A; linear munippal project
3c
Responsible Party (for LLC if
applicable)
David B Hughes
3d
Street address
105 Upchurch Street
DENR - WATER RESOURCES
3e
City, state, zip*
Apex, NC 27502
3f
Telephone no
919 - 249 -3414
3g
Fax no.
919 - 387 -7055
3h
Email address
David Hughes @apexnc org
Page 1 of 15
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify. Applicant is owner as listed on the Agent
Authonzation, please copy agent (S &EC) on all correspondence.
4b
Name
David B Hughes
4c
Business name
(if applicable)
Town of Apex Public Works & Utilities Department
4d
Street address
105 Upchurch Street
4e
City, state, zip
Apex, NC 27502
4f
Telephone no
919- 249 -3414
4g
Fax no
919- 387 -7055
4h
Email address
David Hughes @apexnc org
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
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 15

B. Project Information and Prior Project History
1. Property Identification
la Property identification no (tax PIN or parcel ID)
N /A- linear utility project
1 b Site coordinates (in decimal degrees) IMPACT 0
Latitude 35.7208 Longitude - 78 9256
(DD DDDDDD) ( -DD DDDDDD)
1 c Property size
N/A
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Beaver Creek
proposed project
2b Water Quality Classification of nearest receiving water
WS -IV, NSW, 16- 41- 10 -(0.5)
2c River basin
Cape Fear River- 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 The corridor for the proposed infrastructure (i e. 12" water hne and 18" sanitary sewer) vanes from being a
bottomland hardwood forested through the USACE property, to a grass right -of -way north and south of USA CE property,
along the western side of Richardson Road from Olive Chapel Road south approximately 1400 ft2 south of USA CE
property The land use in the vicinity consists of rural residential
3b List the total estimated acreage of all existing wetlands on the property
Approximately 5,109 ft2 within the proposed construction corridor
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 30 linear feet within the proposed construction corridor
3d Explain the purpose of the proposed project
The purpose of this project is to provide water and sewer service to the Town of Apex service area south of the USA CE
property
3e Describe the overall project in detail, including the type of equipment to be used
The proposed infrastructure project will consist of an 18 -inch gravity sewer line and 12 -inch potable water line The
gravity sewer will start at the Beaver Creek Interceptor that bisects Richardson Roadjust north of the USA CE property,
and will extend south to a manhole just south of the USA CE property; the water line will begin at the existing stub -out at
Olive Chapel Road and will extend to the southern property line of the Jenks property All construction will take place on
the western side of Richardson Road, mostly within the existing Right -of -Way There will be an easement through the
USA CE property, this easement agreement (i e. Memorandum of Agreement Between the United States of America and
the Town of Apex and Wake County and the North Carolina Wildlife Resources Commission) has been finalized and is
attached for reference.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the pasty
Comments
4b If the Corps made the jurisdictional determination, what type
❑ preliminary ❑ Final
of determination was made
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 -a site visit with James Lastmger was conducted on May 15, 2014 to venfYlurisdictional wetlands and streams A
Division of Water Resources site meeting was not conducted, the applicant is not contesting the Jordan Watershed
buffers on Beaver Creek
Page 3 of 15
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
N/A
Page 4 of 15

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ® Streams - tributaries ® 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
Utilities-
W1 ( #2) ❑ POT
Conversion-
Permanent
Bottomland
® Yes
® Corps
0.063
Maintenance
Hardwood Forest
E] No
E] DWQ
Corridor
W2 ( #2) ❑ P ® T
Utilities-
Construction
Bottomland
® Yes
® Corps
0 054
Corridor
Forest
❑ No
El DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.117
2h Comments Total Temporary Impacts /Permanent Conversion =0.063 acres (Temporary impact but permanent
conversion of forested wetland to permanently maintained corridor); Total Temporary Impacts /Construction Corridor
=0.054 (construction corridor). All areas will be brought back to pre - construction contours and wetland vegetation
allowed to re- vegetate.
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)
S1 ( #1) ❑ P ® T
Sanitary Sewer &
Water Line -Open
Beaver Creek
® PER
❑ INT
® Corps
❑ D WQ
18'
30
Cut
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT I
❑ DWQ
3h Total stream and tributary impacts
30
31 Comments Impact will be brought back to pre - construction stream bed elevations, and banks stabilized
Page 5 of 15
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 mdiv ually list all open water impacts below
4a
Open water
impact number —
Permanent (P) or
Temporary T
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody type
4e
Area of impact (acres)
#1 ❑P ❑T
#2 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
0. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
Pond ID
number
5b
Proposed use or purpose
of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
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 15

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
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
impact
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
Utiht►es-
B1( #1) ❑ P ® T
Sanitary Sewer
and Water line
Beaver Creek
® Nos
1,941
1,267
Construction
B2 ❑P ❑T
❑Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
1,941
1,267
61 Comments
Page 7 of 15

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
S &EC completed a wetland, stream and riparian buffer delineation for the proposed infrastructure project so that
the project engineers could design a plan to minimize impacts to the natural resources to the maximum extent
practicable.
The proposed infrastructure project, which consists of an 18" gravity sanitary sewer line and a 12" water line
crossing Beaver Creek, will result in two (2) impact areas (see Impacts No 1 & 2 on attached exhibits) on USACE
property These proposed impact areas consists of temporary impacts to jurisdictional wetlands and Beaver Creek
associated with construction clearing and the open -cut construction method In addition, the 30' w1de utility
easement will include a permanent maintenance corridor that will result in a "permanent conversion" from a
forested wetland to an herbaceous wetland The permanent maintenance corridor will be identified as 10' off of the
sanitary sewer, except the side closest to the road where the permanent maintenance corridor will be within the
existing Richardson Road Right -of -way which is currently being maintained. Impacts and riparian buffer clearing for
this project have been minimized to the maximum extent practicable. In summary, the total proposed impacts for
this project are 0.117 acres of riparian wetlands, 30 linear feet of stream and 1, 941 ft2 of Zone land 1,267 ft2 of
Zone 2
Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 12 With
respect to utility line activities (NWP 12- Regional Conditions section 4 0), the applicant is not proposing to
directionally drill or Bore & Jack under Beaver Creek because the proposed 18" gravity sewer line extension will
connect into the existing Western Wake gravity sewer line north of Beaver Creek The Western Wake line is
Installed at an elevation that makes it impossible for the 18" sewer extension to pass under Beaver Creek with
enough vertical separation to allow any trenchless construction methods The 18" sewer is designed to be installed
at the minimum allowable slope, and the amount of elevation drop in the manholes was reduced below the Town of
Apex standard to keep the 18 "pipe as low as possible as it passes under Beaver Creek. Even with the utilization of
these measures, the 18" sewer will have less than 12 inches of separation from the top of the pipe to the streambed
of Beaver Creek, any temporary discharges into wetlands during construction activities will be kept to minimum
period of time and will be contained with appropriate erosion control methods, construction corridor proposed to be
30' wide, utilities are not crossing the AIWW, the utilities are not aerial communication lines, the cleared wetlands
within the construction corridor will be allowed to re- vegetated with native species and the permanently maintained
corridor has been minimized to the maximum extent practicable with impacts less than 0 10 acres therefore
compensatory mitigation has not been proposed, use of riprap will not be necessary
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Per the project engineers the parallel water and sewer lines are being installed with less than the normally required ten
foot horizontal separation between the pipelines A lesser separation is being permitted due to a combination of specific
pipe materials and certain vertical separations being utilized The end result will be a separation between the pipes of
approximately four feet rather than ten feet, with the 'typical" construction corridor width being reduced by a similar
amount Additionally, to minimize siltation during the installation of the water and sewer lines across Beaver Creek, the
Contractor will construct a cofferdam and divert the upstream flow to a point downstream of the proposed pipe crossing
With a cofferdam being required to construct the sewer line, it provides the opportunity to install the adjacent water line as
the same time as the sewer line After the crossings are completed and the pipes are extended a safe distance beyond
the stream bank, the cofferdam will be removed
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
Page 8 of 15
PCN Form — Version 1 3 December 10, 2008 Version

Page 9 of 15
❑ Yes ® No
All proposed permanently converted wetland impacts are
less than 0 10 acres, therefore the applicant is not proposing
compensatory mitigation ►n the form of a payment to a
mitigation bank However, the applicant does plan to bring
2a
Does the project require Compensatory Mitigation for
all temporary impacts to wetlands back to pre - construction
impacts to Waters of the U S or Waters of the State?
contours and allow these areas to re- vegetate through
natural regeneration Additionally, stream impacts will be
restored to pre - construction elevations and banks stab►hzed
if however, after review of this application the USA CE
determines compensatory mitigation is required ►n the form
of a payment, the applicant will utilize a private mitigation
bank or the Ecosystem Enhancement Program
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c
If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
projects
❑ 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
linear feet
4c
If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested:
acres
4f
Non- npanan wetland mitigation requested
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 9 of 15

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
Page 10 of 15

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 within
® Yes ❑ No
one of the NC Riparian Buffer Protection Rules?
1b
If yes, then is a diffuse flow plan included? If no, explain why
Comments This proposed project will not result in concentrated stormwater or
❑ Yes ® No
additional imperviousness
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N /A, proposed activity will not
add impervious to project area
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why This proposed project is requesting the
use of a Nationwide Permit 12 and General Water Quality Certification 3884, Stormwater
Management is not a
conditional requirement of this General Certification
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
N/A
❑ 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?
❑ Phase II
3b
Which of the following locally - implemented stormwater management programs apply
❑ NSW
❑ USMP
(check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ❑ No
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ❑ No
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 15
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
❑ Yes ® No"
environmental document pursuant to the requirements of the National or State
A portion of the project will be
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
constructed on USACE land The
area of wetland disturbance, the size
and length of the water line and
sewer line all fall under the minimum
criteria thresholds that require
NEPA/SEPA review The USACE
property office has reviewed whether
NEPA/SEPA for the land use permit
for federal land will be required
1 c
If you answered 'yes" to the above, has the document review been finalized by the
❑ Yes ❑ No
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter) Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
❑ Yes ® No
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
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 "other publically funded projects" may or may not result in cumulative impacts The proposed Richardson
Road Infrastructure project will have low potential for cumulative impacts since no new impervious surface is required. It
is important to note that the project is located within Town of Apex, therefore any proposed 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 Basin 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
ll 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
Page 12 of 15
PCN Form — Version 1 3 December 10, 2008 Version

the proposed project, or available capacity of the subject facility All wastewater from this new sanitary sewer outfall will
ultimately connect to the Towns treatments facility and the Town will ensure that capacity of their treatment facility will not be
exceeded
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
❑ Raleigh
❑ Asheville
Page 13 of 15

5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
S &EC performed a records search of all federally protected Endangered and Threatened species documented by the North
Carolina Natural Heritage Program (NHP) within a 2 -mile radius of the evaluated area, all federally protected aquatic species
documented within the projects 14 -digit HUC, and all federally protected species documented by the US Fish & Wildlife Service
(USFWS) to occur in Wake County, NC
No occurrences of federally protected species are documented within the project site, no federally protected aquatic species are
documented by NHP to occur in the project's HUC, and no federally protected species are documented by NHP to occur within 2
miles of the evaluated area
In addition, a preliminary evaluation of potentially suitable habitat for federally protected species was performed by reviewing
available mapping including 2013 USGS quadrangles and 2013 aerial imagery The preliminary review showed that potentially
suitable habitat for Michaux's Sumac and potentially suitable summer habitat for the Northern Long -eared Bat may occur on-
site A target species survey for Michaux's Sumac and an on -site assessment of potentially suitable habitat for federally
protected species was performed by S &EC on May 2, 2014 The habitat is generally too wet and not optimal for Michaux's
Sumac Nonetheless, transects along the transition area between managed herbaceous roadside and forested areas were
walked No specimens of Michaux's Sumac were found During the field survey, potentially suitable summer roosting habitat for
the Northern Long -eared Bat was found This habitat consists of trees over 3 inches in diameter with loose bark, hollow trees,
and dead trees The Northern Long -eared Bat is considered by NHP to be of historical occurrence in Wake County, the records
being based on very few specimens found in the vicinity of a house in Raleigh in the early 1900's It is S &EC's understanding
that, to date, the USFWS has not established critical habitat for this species and the species is not yet listed as Endangered
No suitable habitat for any other federally protected species was located within the evaluated area
(NHP] North Carolina Natural Hentage Program 2014 Biotics Database Department of Environment and Natural Resources,
Raleigh, North Carolina
(USFWS] US Fish & Wildlife Service Online Search [April 24, 2014] U S Fish & Wildlife Service Critical Habitat Portal,
Available at http //cnticalhabitat fws gov/cnthab/
(USFWS] US Fish & Wildlife Service Online Search [April 24, 2014] U S Fish & Wildlife Service Endangered Species,
Threatened Species, Federal Species of Concern, and Candidate Species, Wake County, NC, Available at
http //www fws gov /raleigh/species/cntylist/wake html
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Project located in Wake County This project is not located near any designated Essential Fish Habitat areas
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
❑ Yes ® No
governments have designated as having historic or cultural preservation
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? A
review of online records maintained by the North Carolina State Histonc Preservation Office (SHPO) was conducted in
April 2014 No histonc structures are documented by SHPO within the evaluated area and during the site visit on May 2,
2014, no structures or ruins were observed within the evaluated area Eight existing structures are documented by SHPO
to exist within 1 -mile radius of the area Six of these structures have been surveyed and do not have a historic
designation, one is on the Study List, and one is listed in the National Register of Historic Places In addition, a
preliminary request for comment regarding potential archaeological or cultural resources within the evaluated area was
submitted electronically to the State Office of Archaeology (OSA). Comments received indicated that the area of the
Richardson Road Sewer and water line was surveyed by archaeologists with The Louis Berger Group (for the Corps of
Engineers) in 2010 They were conducting surveys of timber compartments associated with Falls Lake and B Everett
Jordan Reservoir Compartment 17 at B Everett Jordan includes Beaver Creek and [the] project area Once site was
recorded east of the proposed sewer and water line, 31 WA 1783 The site consists of two metavolcanic flakes and is not
eligible for the National Register
Page 14 of 15

[SHPO] North Carolina State Historic Preservation Office Online Database Search. [Apnl 24, 2014] Department of
Cultural Resources, Raleigh, NC. Available at http //ors ncdcr gov/hpoweb
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 A portion of the proposed construction is in a FEMA mapped 100 -
year floodplain. The proposed construction will restore the disturbed areas to pre - construction elevations and contours
There are four (4) planned manhole frames and lids that will project approximately 12 — 18 inches above ground, as
required by the Town of Apex standards An application has been made to the Town's floodplain administrator to confirm
that these are minor obstructions that will not alter the regulatory flood elevation and do not require a revised flood study
or letter of map revision.
8c What source(s) did you use to make the floodplain determination? Project engineer and the NC Floodplam Mapping
Program
AlApril
8, 2015
Applicant/Agent's Signature
Deborah E. Shirley
Date
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the appl nt
is provided )
Page 15 of 15

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone. [phone]
sandec coin
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
Name: Town of Apex
Address: 105 Upchurch Road
Apex, NC 27502
Phone: [phone]
Project Name/ Description: Richardson Road Infrastructure S &EC Project # 12237
Date: 9/25/14
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 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 niformation m support of applications, etc. from this day forward in accordance
with the Proposal accepted by the owner for this Project. The X b`0— day of
aa�y
This notificaton 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.
-1)a(-//b 4?, {-BUG OE5
Print Municipal Official's Name
cc: Ms Karen Higgins
NCDENR - DWR
512 N. Salisbury St.
Raleigh, NC 27604
'FAI . • AO
cc Ms Deborah Edwards Shirley
Soil & Environmental Consultants, PA

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Project Number:
12237.W 10
Project Manager:
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Scale:
I " = 1,000'
Date:
03/11/15
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Map Tide:
U5G5 Map
Richardson Road Infrastructure
Wake County, NC
1
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5ource: Soil & Environmental Consultants, l
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2013 U5G5 New Hill Quadrangle

MEMORANDUM OF AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
AND THE
TOWN OF APEX
AND
WAKE COUNTY
AND THE
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
This MEMORANDUM OF AGREEMENT (MOA) is entered into between the United States,
acting through the Commander, US Army Corps of Engineers District, Wilmington and his authorized
representatives (Corps), and the Town of Apex (Town), Wake County (County), and the North Carolina
Wildlife Resources Commission ( NCWRC)
WITNESSETH
WHEREAS, the Flood Control Act of 1963 (Public Law 88 -253, 88th Congress), authorized the
construction, operation, and maintenance of the B. Everett Jordan Dam and Lake protect on Haw River,
North Carolina; and
WHEREAS, the Town is requesting easements for the purposes of construction, maintenance,
and operation of water and sewer lines on government property along Richardson Road and Wimberly
Road;
WHEREAS, the Town has proposed activities on government property that will adversely
impact lands and resources in lease areas managed as Game Lands by the NCWRC and areas managed
by the County for the American Tobacco Trail and Trailhead
WHEREAS, the Corps' Non - Recreational Outgrant Policy requires real estate grantee's to
mitigate for unavoidable adverse impacts to government property to ensure that public resources suffer no
net loss of value
NOW, THEREFORE, the Parties have conferred, and hereby covenant and agree as follows
The Town will provide mitigation for adverse impacts to NCWRC Game Lands by obtaining access
either in fee or by easement to Game Lands along Martha's Chapel Road
2 The Corps will provide Town with a list of potential access points along Martha's Chapel Road A
property owner will generally be considered unwilling to sell if multiple written offers of up to
110% of the fair market value of the property are not accepted
3 Ownership of land and /or easements will be transferred to the Corps The Town will survey and
mark the boundary to the area acquired to the satisfaction of the Corps
4 The Town will make the following improvements to the access, to the satisfaction of the NCWRC
Page 1 of 6

a construct a gravel road and parking area for 8 vehicles
b install a gate and fencing
c install signs
5 The acceptance by the government of the property offered as mitigation requires final approval by
the Corps' Director of Civil Works There is no promise or guarantee that the offered mitigation
will be accepted until the Director of Real Estate for the Corps executes the deed The Town may
choose to obtain an option to purchase the mitigation property pending final Corps approval
6 If suitable access to Game Lands along Martha's Chapel Road cannot be secured by the Town,
mitigation for adverse impacts to NCWRC Game Lands will be accomplished by constructing
and/or improving public access to the NCWRC`s I -40 Wildlife Sub - Impoundment and Little Beaver
Creek Game Lands Access as follows:
a I -40 Wildlife Sub - Impoundment Access from NC Hwy 54
1) Construct gravel access road — approximately 1480 feet
2) Construct gravel parking area — 6 vehicles
3) Install gate and fencing
4) Install signs
b. Little Beaver Creek Game Lands/Fishing Access from Poole /Barker Road
1) Floating fishing pier (reimburse NCWRC for cost of pier and installation)
2) Clean debris from pavement and trim limbs along access road - approximately 3100 feet
3) Repair pavement — approximately 360 square feet
4) Restore roadside ditches and install storm water /water quality measures
5) Construct gravel parking area - 8 vehicles
6) Install gate and fencing
7) Install signs
7 The Town will compensate the NCWRC for loss of marketable timber impacted by the utility
project The value of the timber will be assessed by the Corps' Registered Forester Compensation
for lost marketable timber will be collected at the time the real estate outgrant is issued.
8 The Town will mitigate for adverse impacts to the County's American Tobacco Trail and Trailhead
by accomplishing the following to the satisfaction of the County
a. Assist the County in advertising to and redirecting trail users during the project term;
b. Redesign of the Wimberly Road Access to accommodate additional vehicle parking, improved
traffic flow and safety,
c. Permitting and construction of a County approved design of the Wimberly Road Access,
including a potable water connection and frost -free water fountain;
d. Permitting and installation of a sewer connection to accommodate a future restroom,
e. Rebuild the disturbed section of the American Tobacco Trail to its original condition;
f Reinstall trail signage and landscape
Page 2 of 6

9 Nothing herein shall constitute, or be deemed to constitute, an obligation of future appropriations by
the United States
10 This MOA is effective upon signing by all Parties
TOWN OF APEX
Bruce A Radford / 1
Town Manager
Date
Page 3 of 6

FRANK COPE, DIRECTOR
WAKE COUNTY
COMMUNITY SERVICES
Page 4 of 6

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
6L;�,-L 9,
Christopher N Dawes
Piedmont EcoRegion Supervisor
DATE ) i /z 1(% 4
Page 5 of 6

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Rob rt E Sattitf
Chief, Operations Division
DATE_ �¢
Page 6 of 6

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