20050736 Ver 1_Individual_20050502

ultants,
May 2, 2005
S&EC Project # 2939.W2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office . 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoy
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27615 Raleigh, NC 276042260
From: Bob Zarzecki
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Heritage Pines, Cary, NC - "After -the -Fact" Individual Permit Application
On behalf of the owner, Heritage Pines, LLC, please find attached a complete appliQlan-ander v5
supplemental information requesting an Individual Permit from the U.S. Army Corps °tit 0ngineers
(USACE) and an Individual Certification from the N.C. Division of Water Quality (DWQ): Please!
contact me at [phone] if you have any questions or require additional information.
Project Name
Heritage Pines ti't
Project Type
Adult Residential Subdivision
Owner / Applicant
Herita Pines, LLC
County
Wake
Nearest Town
Cary
Waterbody Name
UT to Crabtree Creek
Basin / Sub -basin
03-0402
Index Number
27-33-(1)
Class
C, NSW
.AMA el I MIL t A Ov
Stream Impact (acres):
0.072
Wetland Impact (acres):
2.407
Open Water Impact (acres):
1.858
Total Impact to Waters of the U.S. (acres)
4.328
Total Stream Impact (linear feet):
337
Attachments:
Individual Permit Application Form & Block Sheets
Agent Authorization
Cary, NC - USGS Map
Walde County Soil Survey Map
Site Photos
Impact Map Sheets
Prior Project History (incl K§rg wetland delineation, wetland data forms, etc.. past approvals, etc.)
Neuse Buffer Impacts
Mitigation Plan
Public interest Issues
$475 Application Fee to DWQ
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

050736
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) 1 Expires December 31, 2004
The Public burden for this collection of infomration is *estimated to average 10 fours per response, although the majority of applications should require
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no person shag be subject to any penalty for failing to comply with a collection of infonrstion if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jxi diction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorltles Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marius Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Irrformation provided on this form will be used In evaluating the application for a
permit. Routine Uses; This information may be shared with the Department of Justice and other federal, stets, and local government agencies.
Submi*elon of requested information Is vohxtry. however, if Information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application bea sample drawings and inetnwtional and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed in full will be returned.
(TOWS TH 4 TO
FILLED BY THE CORPS1
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
11TENSOEL.OWTO
FILLED8Y
5. APPLICANT'S NAME
Heritage Pines, LLC
S. AUTHORIZED AGENT'S NAME AND TITLE ren eprr is nor rom*ew
Soil & Environmental Consultants, PA
6. APPLICANT'S ADDRESS
Attn: Mark Miller, Project Manager
3500 Regency Parkway, Cary, NC 27511
9. AGENT'S ADDRESS
Attn: Bob Zarzecki, Environmental Specialist
11010 Raven Ridge Road, Raleigh, NC 27587
7. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NOS. W AR A COD
a. Residence n/a
b. Business (919) —462-0070
a. Residence n/a
b. Business [phone]
11, STATEMENT OF AUTHORIZATION
I hereby authorise, * See Attached Authorization to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPUCANT'S SIGNATURE DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE rseriraumw*!
Heritage Pines Residential Subdivision
13. NAME OF WATERBODY. IF KNOWN rd.ru. n,wi 114. PROJECT STREET ADDRESS rv&ppft bwe
UT to Crabtree Creek, Neuse River Basin 2000 Heritage Pines Drive
Cary, NC 27519-7132
15. LOCATION OF PROJECT
Wake NC
COUNTY STATE I
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, raa kuvucth xiw
35.8092787 N, 78.8668772 W
17. DIRECTIONS TO THE SITE
Heritage Pines S/D is located on the east side of Carpenter -Upchurch Road (SR 1617) 0.8 miles
south of Carpenter, NC. From Raleigh take I-40 West to Exit 285; turn left onto Aviation
Parkway; Aviation Parkway becomes Morrisville -Carpenter Road; continue to Carpenter, NC; Turn
left onto Carpenter -Upchurch Road; Turn left onto Heritage Pines Drive to enter the site.
ENO FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)

18. Nature of Activity toaargn*.4estte.+wes�
See "Block 181' attached.
19. Rojo" Purpose r0esrriew the reown or pepae ofw pqM, see *w&mtvm)
See "Block 19" attached.
USE BLOCKS 20.22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s)for Discharge
See "Block 20" attached.
21. Type(s) of Material Being Discharoed and the Amount of Each Tvoe in Cubic Yards
See "Block 21" attached.
22. Surface Area in Acres of Wetlands or Other Waters Filled rseorkw ctiom)
See "Block 22" attached.
23. Is Any Portion of the Work Already Complete? Yes 0 No IF YES. DESCRIBE THE COMPLETED WORK
Phases 1, 2 and 3 are complete. Phase 4 is near completion. Phase 5 is partially completed.
The majority of the impacts have already occurred. See "Block 23" attached for additional
information.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See "Block 2411 attached.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agendas for Work Described in This Application.
Ar_rury TVDC AGoonVAI • IrIMMEWATInN NI IWRFA nATF APPI wn BATF ►PPROVFn nATF nFNIFn
I
See
"Block 25"
'
Attached.
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
appication is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant
•0
I SIGNATURE OF APPLICANT DATE SIG Ui4FENT *TE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly,
authorized agent if the statement in block 11 has been filed out and signed.
' 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material factor makes any fake, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than 4110,000 or imprisoned not more than five years or both.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 18 — Nature of Activity
The project involves the development of the Heritage Pines residential subdivision
located on Carpenter -Upchurch Road in Cary, NC. As described further in Block 23,
Phases 1 through 3 of the community have already been constructed, Phase 4 is near
completion and Phase 5 is partially completed. Approval has been received for Phase 1
from the U.S. Army Corps of Engineers (USACE; Action ID 199920303 / 199920557 /
199920558). The N.C. Division of Water Quality (DWQ) has approved impacts for the
entire development (DWQ Project No. 99-0016). However, the approval from the
USACE has not been given for Phase 2 through 5. The applicant is requesting approval
for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases. Please see Block 23 for additional
information.
The activities within Waters of the U.S. that have already occurred and/or otherwise
requested within this application include the discharge of fill into wetlands, streams and
other waters for the development of roads, utilities, recreational amenities (including the
clubhouse, tennis courts, ponds, etc.) and residential lots. The only activities that have
not yet occurred are the filling of wetlands for the development of Lots 70 and 71 (see
Sheet 6A of the attached Impact Maps). These activities and the dimension of the
structures are illustrated in the attached Impact Maps.
The materials used included earthen fill to construct the base for the roads and residential
lots. The roads have been constructed to local and N.C. Department of Transportation
(DOT) standards. The roads have been paved and use curb and gutter to manage
stormwater runoff. Paving materials include asphalt and concrete. Curb and gutter
materials include concrete, metal drop inlets, reinforced concrete pipe and corrugated
metal pipe. The stream and wetland crossing for Heritage Pines Drive was constructed
using twin pre -cast concrete arch culverts (see Site Photos). The wetland crossing for
Crystal Brook Lane used a single corrugated metal pipe (see Site Photos). The residential
lots include both stick built single-family dwellings and townhome structures on concrete
slabs with concrete driveways and walks.
The materials used for the clubhouse and pool include a stick built clubhouse with an
asphalt, curb and gutter parking lot and in ground concrete swimming pool. Other
materials used in the tennis courts and walking trails include asphalt and treated timber
retaining walls. Some slopes along the pond and adjacent to these structures have been
stabilized with rock (rip -rap). See Site Photos for photographs of the clubhouse and
tennis court adjacent to the main pond.
Stormwater conveyances are constructed of reinforced concrete pipe, corrugated metal
pipe and metal drop inlets. The typical stormwater outlet structure includes a concrete
flared end, rock dissipater and possible sediment basin (see Site Photos for examples).

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 19 — Project Purpose
Project Purpose:
As stated on their website (see http://www.heritagepinesnc.com/ ), Heritage Pines is a
unique active adult country club community marketed to adults 55 years of age or older.
Independent residential communities, such as Heritage Pines, are for seniors desiring a
leisurely, hassle -free lifestyle. This community provides a clubhouse, swimming pool,
tennis courts and paved walking trails and sidewalks. Residences range from
approximately 1,500 sf to 2,900 sf and use low maintenance materials. The yards are
also low maintenance in that they are a manageable size (single-family lot sizes range
between approximately 0. 15 and 0.2 acres) and landscaping services are available. This
all provides for a close-knit community were the residents are able to easily walk to their
neighbors and enjoy a safe, healthy and active lifestyle. The project purpose is to
complete the development of such a community at the site.
Project Need:
Active adult living communities, such as Heritage Pines, are in great demand by seniors
within Cary, Wake County and North Carolina. Resources for Seniors, Inc. (see
http://www.resourcesforseniors.com/retcom.pdf ) lists only two active adult living
communities within their retirement community list (updated April 2004) for Wake
County. They include Troon at Kildaire and Heritage Pines. The U.S. Administration
on Aging report A Profile of Older Americans: 2002 (see
http://assets.aa!p.org/rgcenter/general/Trofile 2002.pdf ) states; that by 2030 the older
population (persons 65 years or older) will more than double to more than 70 million
people nation wide; North Carolina ranked within the top 20 states for percent increase
in population 65+ from 1990 to 2000. Heritage Pines provides the type of community
needed by this increasing older population.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 20 — Reasons for Discharge
An interconnected street, sidewalk and walking path community design is essential in
creating an active adult living community such as Heritage Pines. The need to cross over
streams and buffers with roads is many times inevitable in developing such a design.
However, Heritage Pines was designed to limit the number of stream and buffer crossings
with roads to only two crossings. The main crossing (Heritage Pines Drive) was required
to connect the western portion of the community (Phase 1, 2 & 3) to the eastern portion
of the community (Phases 4 & 5). The stream bisects the property from North to South
and as such there is no alternative than to cross it to connect the western and eastern
portions of the property. Heritage Pines Drive also acts as a connection between
Carpenter -Upchurch Road and Louis Stephens Drive. This allows for at least two points
of access to the site from two separate road systems. This is essential for alleviating
traffic congestion on a single road and provides for multiple points of ingress or egress in
case of an emergency. This is especially important in a senior community such as
Heritage Pines.
The other road crossing (Crystal Brook Lane) of a stream occurred below the main pond.
Without this crossing Knotts Valley Lane would have only had a single connect to
Heritage Pines Drive (above the main pond). This crossing provides a second point of
ingress or egress for the residents of Knotts Valley Lane. The design of this crossing was
such that it attempted to minimize impacts to wetlands by crossing a section of the
drainage that was primarily stream channel rather than stream channel and wetlands.
The other road crossings of wetlands and waters located within the development were
required to provided access to the entire property and an interconnected street and
sidewalk system within the community as described above.
The discharges to open waters associated with the two ponds located within the
development were required to provide buildable areas for the clubhouse, tennis courts,
walking paths, and residential homes. Discharges were also required for modifications
made to the dam and outlet structures.
Discharges to wetlands and channels to construct buildable areas for residential lots
occurred and are proposed at the site. Maximizing the number of homes within the
community while still avoided as much as practicable impacts to the major stream,
wetland and buffer drainages on the site was important to supply the needed homes for
Wake County's older population as described in Block 19 — Proposed Project Purpose.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 — Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma)
Type of Impact
Type eWetland
forestedmarsh
(e.g., s, ,
herbaceous, bog, etc.)
Type of
Material
Being
Discharged
Area of
Impact
(sq. yds.)
**
Volume of
Discharge
(cubic yds.)
***
Sheet 2-W 11
Lot & Road Fill
Headwater Forest
Soil
446
149
Sheet 2-W 13
Lot & Road Fill
Headwater Forest
Soil
155
52
Sheet 2-W 17
Lot Fill
Headwater Forest
Soil
1419
473
Sheet 3-W 14
Lot Fill
Headwater Forest
Soil
1409
470
Sheet 3-W 15
Road Fill
Herbaceous
Soil
97
33
Sheet 3-W 16
Clubhouse Fill
Herbaceous
Soil
194
65
Sheet 4-W 1
Lot & Road Fill
Headwater Forest
Soil
126
42
Sheet 4-W2
Road Fill
Headwater Forest
Soil
300
100
Sheet 4-W2A
Pond Dam Fill
Headwater Forest
Soil
97
33
Sheet 4-W3
Road Fill
Headwater Forest
Soil
97
33
Sheet 4-W4
Utility Fill
Headwater Forest
Soil
49
17
Sheet 5-W5
Lot Fill
Headwater Forest
Soil
290
97
Sheet 5-W5A
Utility (Temp.)
Headwater Forest
None
179
0
Sheet 5-W6
Lot & Utility Fill
Headwater Forest
Soil
436
146
Sheet 5-W6A
Lot & Utility Fill
Headwater Forest
Soil
315
105
Sheet 6-W7
Road Fill
Headwater Forest
Soil
2251
750
Sheet 6-W7A
Utility (Temp.)
Headwater Forest
None
141
0
Sheet 6-W713
Rock Dissipater Fill
Headwater Forest
Soil
102
34
Sheet 6-W8
Lot Fill
Headwater Forest
Soil
63
21
Sheet 6-W9
Lot Fill
Headwater Forest
Soil
1830
610
Sheet 6-W9A
Road Fill
Headwater Forest
Soil
155
52
Sheet 6-W913
Road Fill
Headwater Forest
Soil
189
63
Sheet6A-W 10*
Lot Fill
Headwater Forest
Soil
707
236
Sheet6A-W 18
Utility (Temp.)
Headwater Forest
None
184
0
Sheet6A-W 19
Utility (Temp.)
Headwater Forest
None
426
0
Total Wetland Impact (acres)
3581
* Please note that all impacts have already occurred except for the proposed lot fill impacts at
W 10 -Sheet 6A.
* * Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards
deep and do not account for discharge materials above this 0.333 -yard assumed depth.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 — Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
STREAM IMPACT TABLE
Stream Impact
Type of
Area of Impact
Volume of
Number
Stream
Type of
Perennial or
Material Being
(sq. yds.)
Discharge
(indicate on
Name
Impact
Intermittent?Discharged
**
(cubic yds.)
map)
Sheet 4 -C3
N/A
Pipe & Fill
Perennial
Pipe & Soil
15
5
Sheet 5 -W5
N/A
(ueimP)
Perennial
None
25
0
Sheet 6 -
N/A
Pipe & Fill
Perennial
10
286
95
W7 & W7B
Sheet6A -W19
NIA
utility)
(TeTotal
Perennial
None
25
0
Stream Impact (by length and acreage)
100
* Please note that all impacts have already occurred.
** Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and do not account for discharge materials above this 0.333 -yard assumed
depth.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 — Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open
Water
Type of Waterbody
Impact
(lake, pond, estuary,
Area of Impact
Volume of Discharge
Site
Type of Impact
sound, bay, ocean,
ds.
(s9• yds.)
**
cu
(cubic ds.
( yds.)
***
Number
etc.)
(indicate
on map)
CI -Sheet
Lot Fill
Channel
68
23
C2 -Sheet
Lot & Road Fill
Channel
165
55
C4 -Sheet
Lot & Road Fill
Channel
295
99
C5 -Sheet
Lot Fill
Channel
10
4
C6 -Sheet
Lot Fill
Channel
34
12
C7 -Sheet
Lot Fill
Channel
92
31
OW -Sheet
Pond Modification
Pond
1452
1452
Pond Modification,
OW -Sheet
Road, Clubhouse &
Pond
6878
6878
3
Tennis Court Fill
Total Open Water Impact (acres)
1 8554
* Please note that all impacts have already occurred.
* * Areas are rounded up to the nearest square yard.
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and ponds to be 1 yard and do not account for discharge materials above
these assumed depths.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 22 — Surface Areas of Wetlands and Other
Waters Filled
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma)
Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100 -year
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
Sheet 2-W 11
Lot & Road Fill
Headwater Forest
No
50
0.092
Sheet 2-W 13
Lot & Road Fill
Headwater Forest
No
290
0.032
Sheet 2-W 17
Lot Fill
Headwater Forest
No
510
0.293
Sheet') -W14
Lot Fill
Headwater Forest
No
640
0.291
Sheet 3-W 15
Road Fill
Herbaceous
No
520
0.020
Sheet 3-W16
Clubhouse Fill
Herbaceous
No
400
0.040
Sheet 4-W 1
Lot & Road Fill
Headwater Forest
No
230
0.026
Sheet 4-W2
Road Fill
Headwater Forest
No
0
0.062
Sheet 4-W2A
Pond Dam Fill
Headwater Forest
No
0
0.020
Sheet 4-W3
Road Fill
Headwater Forest
No
0
0.020
Sheet 4-W4
Utility Fill
Headwater Forest
No
0
0.010
Sheet 5-W5
Lot Fill
Headwater Forest
No
0
0.060
Sheet 5-W5A
Utility (Temp.)
Headwater Forest
No
0
0.037
Sheet 5-W6
Lot & Utility Fill
Headwater Forest
No
50
0.090
Sheet 5-W6A
Lot & Utility Fill
Headwater Forest
No
90
0.065
Sheet 6-W7
Road Fill
Headwater Forest
No
0
0.465
Sheet 6-W7A
Utility (Temp.)
Headwater Forest
No
0
0.029
Sheet 6-W713
Rock Dissipater Fill
Headwater Forest
No
0
0.021
Sheet 6-W8
Lot Fill
Headwater Forest
No
70
0.013
Sheet 6-W9
Lot Fill
Headwater Forest
No
70
0.378
Sheet 6-W9A
Road Fill
Headwater Forest
No
60
0.032
Sheet 6-W913
Road Fill
Headwater Forest
No
170
0.039
Sheet6A-W 10*
Lot Fill
Headwater Forest
No
35
0.146
Sheet6A-W 18
Utility (Temp.)
Headwater Forest
No
50
0.038
Sheet6A-W 19
Utility (Temp.)
Headwater Forest
No
0
0.088
Total Wetland Impact (acres)
2.407
* Please note that all impacts have already occurred except for the proposed lot fill
impacts at W 10 -Sheet 6A.

I HERITAGE PINES SUBDIVISION
` BLOCK SHEETS
I BLOCK 22 — Surface Areas of Wetlands and Other
Waters Filled (cont.)
STREAM IMPACT TABLE
Stream Impact
Type of
Average
Impact
Name of
Number
Stream
Type of
Perennial or
Stream Width
Impact Length
Area of Impact
(indicate on
Name
Impact
Intermittent?
Before Impact
(linear feet)
(acres)
map)
bay, ocean, etc.)
CI -Sheet 4
N/A
Lot Fill
Sheet 4 -0
N/A
Pipe & Fill
Perennial
3
42
0.003
Sheet 5 -W5
N/A
(utimP)
Perennial
10
20
0.005
Sheet 6 -
N/A
Pipe & Fill
Perennial
10
255
0.059
W7 & W7B
C7 -Sheet 2
N/A
Lot Fill
Channel
0.019
OW -Sheet 2A
Sheet6A -W 19
N/A
utility
Perennial
10
20
0.005
Total Stream Impact (by length and acreage)
297 (Perm.)
40 (Temp.)
0.072
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open Water
Type of
Impact
Name of
Waterbody
Area of Impact
Site Number
Waterbody
Type of Impact
(lake, pond,
(acres)
(indicate on
(if applicable)
estuary, sound,
ma
bay, ocean, etc.)
CI -Sheet 4
N/A
Lot Fill
Channel
0.014
C2 -Sheet 4
N/A
Lot & Road Fill
Channel
0.034
C4 -Sheet 6
N/A
Lot & Road Fill
Channel
0.061
C5 -Sheet 6
N/A
Lot Fill
Channel
0.002
C6 -Sheet 2
N/A
Lot Fill
Channel
0.007
C7 -Sheet 2
N/A
Lot Fill
Channel
0.019
OW -Sheet 2A
N/A
Pond Modification Fill
Pond
0.300
Pond Modification,
OW -Sheet 3
N/A
Road, Clubhouse &
Pond
1.421
Tennis Court Fill
Total Open Water Impact (acres)
1.858

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 23 — Is Any Portion of the Work Already
Complete?
Existing Conditions:
The project involves the development of the Heritage Pines residential subdivision
located on Carpenter -Upchurch Road in Cary, NC. Phases 1 through 3 of the community
have already been constructed, homes and properties have been sold, residents are living
in the homes, and a homeowners association has been formed (Heritage Pines
Community Association, Inc.). Phase 4 is near completion and the majority of the lots
that have impacted jurisdictional waters have homes constructed on them and residents
within them. Phase 5 is partially completed, rough grading and utility infrastructure has
been completed. However, the roads and sidewalks have not yet been paved. The
applicant has decided to put all work on hold within the area of Lots 175 to 195
southwest of Louis Stephens Drive until future notice. The applicant does intend to
complete work within the remainder of Phase 5 including Louis Stephens Drive and the
lots northeast of Louis Stephens Drive (all located outside of areas that previously
contained jurisdictional waters).
Dredged or Fill Material Already Discharged:
The activities within Waters of the U.S. that have already occurred include the discharge
of fill into wetlands, streams and other waters for the development of roads, utilities,
recreational amenities (including the clubhouse, tennis courts, ponds, etc.) and residential
lots. The only activities that have not yet occurred are the filling of wetlands for the
development of Lots 70 and 71 (see Sheet 6A of the attached Impact Maps). These
activities and the dimension of the structures are illustrated in the attached Impact Maps.
Details on the areas of impact can be found in the tables provided in Blocks 21 & 22.
Previous Agency Involvement & Approvals:
Approval has been received for Phase 1 from the U.S. Army Corps of Engineers
(USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development
(DWQ Project No. 99-0016). However, approval from the USACE has not been given
for Phase 2 through 5. The applicant is requesting approval for the entire development
due to modifications made to the as built plans originally submitted for Phase 1 and the
other phases. Please refer to Block 25 for additional information concerning previous
agency involvement and approvals.

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 24 — Names & Addresses of Adjoining Property
Owners, Lessees, et., Whose Property Adjoins the
Project Site.
(The addresses of property owners whose property adjoins the project site list below were
obtained from the Wake County GIS iMAPS on-line viewer and do not include current
property owners within the project site.)
Olde Carpenter, LLC
Weeks Construction Company
1933 Morrisville -Carpenter Rd.
PO Box 1
Cary, NC 27519-9734
Asheboro, NC 27204-0001
R & E Johnson Family, LLC
Wake County Board of Education
3510 NC Hwy 55
1551 Rock Quarry Road
Cary, NC 27519-8370
Raleigh, NC 26610-4145
Town of Cary
Chandler, Randolph Lee
PO Box 8005
2740 Carpenter -Upchurch Rd.
Cary, NC 27512-8005
Cary, NC 27519-9700
Futterman, Sam L. & Suzanne
Li, Jim & Hong Lin
120 Parmalee Ct.
111 Conagra Ct.
Cary, NC 27519-5313
Cary, NC 27519-6835
McEwen, Thomas P. & Patricia S.
Janick, Jan M. & Helen E.
112 Conagra Ct.
110 Conagra Ct.
Morrisville, NC 27560
Cary, NC 27519-6835
McNeill, Andrew B. Jr. & Janet B.
Ross, Kevin C. & Deborah L.
105 Weingarten Place
104 Weingarten Place
Cary, NC 27519-6836
Cary, NC 27519-6836
Flora Development, LLC
Saye, Henry A. Jr. & Lisa F.
PO Box 3557
603 Preston Village Way
Cary, NC 27519-3557
Cary, NC 27519-5082
Morena, Margaret & Richard Lewis Sr.
Ladhabhoy, Munir E. & Saeeda
605 Preston Village Way
607 Preston Village Way
Cary, NC 27519-5082
Cary, NC 27519-5082
Henderson, Joe W. & Melissa
Lanahan, Michael B. & Andrea P.
609 Preston Village Way
103 Filtrona Court
Cary, NC 27519-5082
Cary, NC 27519-9551
Sundararajan, Ravichandran and Tharani,
Krishnamoorthy
105 Filtrona Court
Cary, NC 27519-9551

HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 25 — Information about Approvals or Denials by
other Agencies.
Local Approvals:
Numerous local approvals have been granted for the Heritage Pines development
including Erosion & Sediment Control Permits, stormwater, subdivision plan approvals,
and many others. These approvals have not been included within this application, but can
be provided upon request.
N.C. Division of Water Quality Compliance:
The N.C. Division of Water Quality (DWQ) has approved impacts for the entire
development (DWQ Project No. 99-0016). The approval was given after an extensive
review by the DWQ between when the initial application was submitted in December
1998 until August 1999. A detailed description of the DWQ review as well as additional
information regarding the USACE review is provided in the attached Prior Project
History section of this application (see attached) including a timeline and supportive
materials. Due to as built design changes and failure to obtain the USACE approval for
Phases 2 through 5, the new developer is requesting approval of a water quality
certification from the DWQ as part of this application.

Environmental Consit-pants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
SENT AUTHORIZATION FORM
r�u wa> uw To Be Filled In By The Current Landowner
r
Name K Cl j� 0 VAI Q Y11 Q n
Address: 4117ehC 11bw r
s�. a Va
Phone: It y --W
Project Name/ Description: Nerl16 G s
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Td d Toe-1
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
rvL -)?.S11
1, the current prolLeM owner, 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. from this day forward. The 8 day of
tAor.k,- ;ZOOS'
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.
MArL M i t(6r A -, - - -
Print Property Owner's Name Pro ertywniOs Signature
cc: Ms. Cyndi Karoly cc: Mr. Bob Zarzecki
NCDENR - DWQ Soil & Environmerital Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlot(e Office• Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:. [phone]
Fax: [phone] Fax: [phone]

* Please note that this pond along the western property
line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
N was an open field.
Project #: I Scale: Cary, NC
2939.w1 I NTS USGS Quad
Project Date: Soil & Environmental Consultants, PA
Mgr.: BZ 04-27•05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Heritage South SID, Cary [phone] • [phone]
Wake County, NC Web Page: www.SandEC.com
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* Please note that this pond along the western property
line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
N was an open field.
Project #: I Scale: Cary, NC
2939.w1 I NTS USGS Quad
Project Date: Soil & Environmental Consultants, PA
Mgr.: BZ 04-27•05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Heritage South SID, Cary [phone] • [phone]
Wake County, NC Web Page: www.SandEC.com

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Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
N
Project
scale:
Wake County Soil Survey
2939.w2
NTS
Project
Date:
Heritage South S113, Cary
Mgr.: BZ
0427.05
Wake County, NC
134w J "I
r ; w
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Wetland Lot Fill Area near Smaller Pond; Photo Looking Northwest;
Impact No. W 17 -Sheet 2
Smaller Pond; Photo Looking West; Impact No. OP -Sheet 2A

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Main Pond, Club House & Tennis Courts; Photo Looking Northwest;
Impact Number OW -Sheet 3
Area Between Lots 8 & 10 Addressed In Condition No. 4 of N.C. DWQ Approval Letter
dated August 8, 1999 (DWQ Project No. 99-0016); Photo Looking Northeast from
Property Line; Pipe Inlet Collects Drainage from Off Site Wetlands South of Property;
Near Impact Number W14 -Sheet 3

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Pipe at Crystal Brook Lane Crossing; Photo Looking West below Crossing;
Impact No. W3 -Sheet 4
Stream & Wetland Avoided Below Crystal Brook Lane Crossing & Larger Pond;
Photo Looking East; Below Impact No. W3A-Sheet 4

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Sewer Crossing; Photo Looking West; Impact No. W5 -Sheet 5
Wetland Lot Fill Behind Lot 141; Photo Looking Northwest;
Impact No. W5A-Sheet 5

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Sediment Basin & Wetland Lot Fill near Lot 139; Photo Looking North;
Impact No. W6 -Sheet 5
Typical Wetlands Avoided along Main Stream;
Photo Looking West from Lot 138 see Sheet 5

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Heritage Pines Drive Crossing; Photo Looking South; Impact No. W7 -Sheet 6
Phase 5 Wetland Lot Fill Area; Photo Looking North from Heritage Pines Drive;
Area has been stabilized and no additional work will occur until permit approvals are
received; Impact No. W9 -Sheet 6

HERITAGE PINES SUBDIVISION
SITE PHOTOS
Stream & Wetlands, Avoided South of Heritage Pines Drive Crossing; Photo Looking
South; Below Impact No. W9 -Sheet 6
Stormwater Discharge Below Rockport Ridge Way; Photo Looking North;
Impact No. Z2 -14A Sheet 8

i
HERITAGE PINES SUBDIVISION
SITE PHOTOS
' Abandoned Sediment Basin East of Crystal Brook Lane Crossing; Photo Looking East;
Impact No. Z2-1 Sheet 9
i
i
i
Stormwater Discharge from Knotts Valley Lane & off site school drainage; Photo
Looking South; Impact No. Z2-2 Sheet 9

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WETLAND IMPACTS
Wil- 4,012.41 sf
W13- 1.397.60 sf
W17- 12.748.47 sf
TOTAL THIS SHEET: 18.158.48 sf
CHANNEL IMPACTS
C6- 314.82 sf
C7- 831.45 sf
TOTAL THIS SHEET: 1,146.27 sf
N r
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j1EN
� 20'
HERTA(IE PNES WETLAND WACIS FOR K HOVNANAN HOAR
Hugl� J. Gilleece anc! Associates ��
Els Wak'KA street Suite 360 Cary, NC Phorw (M)4CG-= Fax (WP)4W-7a37 WN BY. _ JOB #- oo �
JW?D04 HRZ SCALE: i .2
D

0
319
318
305 3�6
3�5
a
OPEN WATER AREA IMPACT
OLD AREA- 35.720.66 sf
NEW AREA- 23.089.01 sf
DIFFERANCE- 12.631.65 sf
HuC)h -J. Gilleece and Associates — AW PM "� TLAW � AM FM KHON'"1ANH0'�
875 W atntrt Street "o 360 Cary, NC F t xx," (M)4M-1101 Fax, (9,10)460-71737 DAM By: - JOB t vmoo $HT:
DATE t2/W2004 HRZ SCALE: 1'=50' 1 AM

G
CHANNEL IMPACTS
C2-1,480.51 sf
C3-129.22 sf (41.69 If)
TOTAL THIS SHEET: 2.207.68 sf
WETLANDIMPACTS
W1-1,124.04 sf
W2- 2.714.71 sf
W2A- 868.86 sf
W3- 869.76 sf
TOTAL THIS SHEET: 6,025.21 sf
HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
Hugh J. Gilleece and Associates
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fox: [phone] DWN BY: — JOB #: 1700.00 SHT:
rDATE: 12/14/2004 1 HRZSCALE: 1'=80

EPsp
WETLAND IMPACTS
W5A-1,624.25 sf
W6- 3,912.96 sf
1
1 ,
I
I
TOTAL THIS SHEET: 10,978.65 s(
Hugh J. G 111 e e c e a n d Assoc I a t e s HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cory, NC Phone: [phone] Fox: [phone] DWN BY: - JOB #: 1700.00 SHT:
DATE: 12/14/2004 HRZ SCALE: 1"=8(Y

CHANNEL IMPACTS
W7- 20,274.16 sfTOTAL LF OF
W76- 923.51 sf
W7A- 1,261.86 sf CL CHANNEL- 254,96 If
W8- 569.42 sf
W9- 16, 449.79 sf
W9A- 1,392.72 sf
W9B- 1,686.01 sf
TOTAL THIS SHEET: 42, 557.47 sf
CHANNEL IMPACTS
C4- 2.642.32 sf
C5- 92.87 sf
TOTAL THIS SHEET: 2.735.19 sf
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HuGh J. C,illeece and Assocjates HEWAMPM"ERA°WAM FOR Y- "a's
876 Wahut BW*ot Bugs 360 Cary, C , WPhony (")46P-1101 Fain (")460-7637 DWNW- JOB*17MO(- $HT; 6
DA11B12jW2004 HRZ SCALE: 1'=80'

(c)
WETLANDIMPACTS
Hugh J. G i l l e e c e and A s s o c i a t e s HERITAGE PINES 'NETLAND IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cary. NC Phone: [phone] Fax: [phone] OWN BY: — JCB b: 1700,00 SHT:r n
DATE: 12/14/2004 HRZ SCALE: 1'=80' U h

to
BUFFER ZONE 2 AREA IMPACT
Z2-13= 824.63 sf
\ \\ N \ \ Z2-14= \ 76.77 sf \\ \ \ Z2 -14A= 158.25 sf
Z2-15= 4.21 sf
\ \� TOTAL THIS SHEET: 1,063.86 sf
I I
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00
1 III
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I zInc)) r` I IoO
Hugh J. G I I I e e c e c n d A s s o c i c t e s HERITAGE PINES BUFFER IMPACTS FOR K. HNIANIAN HOMES
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] DWN BY: - JOB (j: 1700.00 SHT: p
DATE: 12/14/2004 HRZSCALE: 1'=60' C_J

BUFFER ZONE 2 AREA IMPACT
Z2-1= 6,66B.77 sf
Z2-2= 163.13 sf
TOTAL THIS SHEET: 6.831.90 sf
R/M —Y--
p
I
BUFFER ZONE 1 AREA IMPACT
ZS -1= 6,135.97 sf
l Huiph J. Gilleece and Associates MlES St�"pAcrsFOR K.HOWMANHOMES
f 87:5 Waiwt 8treot "o 360 Cary. NO Pha►s (")460-'t101 Fax (9W)460-7637 rDWN Em - J013 k VMOD –I SFHP 9
DATE.12/W20D4 HRZ SCALE: 1'=60'_

l'll'Z2--9
Z2-9-�
I
108 109 110 I \
7 i
_ Z2 -4A �
BUFFER ZONE 2 AREA IMPACT
Z2.4= 430.45 sf
Z24A= 1,310.18 sf
Z2-5= 69.70 sf
Z2-8= 3191.42 sf
Z2-9= 4,735.13 sf
Z2 -9A= 784.88 sf
Z2 -9B= 1917.61 sf
TOTAL THIS SHEET: 12,439.19 sf
BUFFER ZONE 1 AREA IMPACT
Z1-3= 15,390.92 sf
Zt-3A=12,61.10 sf
TOTAL THIS SHEET: 16,652.02 sf
�rz2-8
fim
Hugh J. G i I I e e c e and Associates HERITAGE PINES BUFFER IMPACTS FOR K. HOVNANIAN HOMES
875 Wolnut Street Suite 360 Cary, NC Phone: [phone] Fox: [phone] DWN BY: — JOB a: 1700.00 SHT:
DATE: 12/14/2004 HRZSCALE:1'=60' 10

t
Z2-6
BUFFER ZONE 2 AREA IMPACT
Z2-6= 435.35 sf
Z2-7- 405.31 sf
TOTAL THIS SHEET: 840.66 sf
----_.20' SAN. SEWER ESMT.
BUFFER ZONE i AREA IMPACT
Z1-2= 1.914.97 sf
Huoh J. Gilleece and Associates I H6VTAGEPM9JMWACTSFOR KHDVNANAf1HOLES
975 Wakwt Street State 360 Cert, NO Phorw (M)400 -"M Fax. (OV)460-7637 DMM or - JOB 0 VOO.00 I SKp in
DATEWW2004 JHRZ SCALE: 1-=60'

69
d
s
� z2-12
Q'
i
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L
BUFFER ZONE 2 AREA IMPACT
7 2 Z2-10= 3.80 sf
Z2-11- 22.48 sf
22-11 \ Z2-12= 3.749.65 sf
\ TOTAL THIS SHEET: 3.775.93 sf
74
Huoh J. Gilleece and Associates HERTAGEPNM BL FMWACTSFORKHOVl "HOAR
875 Walnut Street "a 360 Cary, NC Ptxmw (M)4aQ-= Fax, (QV)400-7637 DM UP JOB i AOOOD %W. .0
DA79V4W2004 HRZ SCALE: 1'=60' L

BUFFER ZONE 2 AREA IMPACT BUFFER ZONE 1 AREA IMPACT
Z2 -12A= 447.38 sf ZI-4= 1,790.67 sf
Z2 -12B= 409.57 sf
TOTAL THIS SHEET: 856.95 sf
HEWAOE PIES Uffa WACTS FOO K HONNA"HOMES
Hugh J. Gilleece and Associates
8725 Wak-*A street Suits 060 Cary. NO Phone- (M)46O-= Fax- (PW)460-7637 owH or
- J08 iF v0000 SF{T:.�n
DAiFs14/ =4 HRZ SCALE: 1'=60' K7

HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
DATE
ACTION
June 6, 1997
Wetland Delineation
November 6, 1997
S&EC Letter re: DWQ Buffer Determination
December 4, 1998
PCN Submitted by Applicant of S&EC
February 22, 1999
DWQ On Hold Letter
March 3, 1999
USACE Approval
July 8, 1999
SiteSca es Letter to DWQ re: Project Summary
July 21, 1999
Notice of Violation from DWQ Raleigh Regional Office
August 4, 1999
SiteSca es Letter to DWQ re: Restoration Plan
August 8, 1999
DWQ Approval & 6/23/1999 Final Site Plan
March 18, 2005
S&EC Letter to USACE re: Avoidance of Additional Impacts
March 28, 2005
USACE Letter re: violation
Wetland Delineation (see attached) — The attached map depicts the original wetland
delineation performed by S&EC in May 1997. On 7/9/97, Todd Tugwell of the USACE
' conducted an on site review and approval of the delineation. The delineation map may
have been signed by the USACE. However, S&EC does not have a copy of the signed
delineation map in our files. This delineation map was used in all previous applications
' and was also used in this after -the -fact application.
S&EC Letter re: DWQ Buffer Determination (see attached) — The attached letter
describes the Neuse River Buffer determinations performed by Mr. Danny Smith of the
DWQ on November 5, 1997. S&EC does not have a copy of a DWQ on-site
determination report for Mr. Smith's determinations. Please note that this letter does not
address the two ponds or the channel located within the existing Phase 5 area and east of
the main stream. Based on other DWQ correspondences provided within this application
(including the final approval), it seems clear that these areas were determined to be
exempt from the Neuse River Buffer. There is a pond shown in the southeast corner of
the property on the USGS topographic map. We do not have confirmation that this pond
was ever exempted by the DWQ. However, based on DWQ correspondence and
approvals, it seems clear that that this pond was determined to be exempt from the Neuse
Buffer Rule. Also, the wetland delineation does not indicate a pond in this location and if
you examine the aerial photograph of the Wake County Soil Survey you will also see that
this was a field and obviously a USGS mapping error.
PCN Submitted by Applicant (Not S&EC) — S&EC did not submit the original
application for this development. The DWQ was unable to locate the file at the time that
this application was prepared and as such we cannot provide copies of the application or
additional information that may exist within the file. Based on additional
correspondences provided within this application, it appears that the original application
was submitted to the DWQ on December 20, 1999 by Mr. Steve Prusik of SiteScapes
Design Group, Inc. on behalf of the owner at the time, Mr. Michael Edwards. S&EC has

HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
obtained a paper copy of the original impact map that was submitted along with the
December 20, 1999 application. We do not have a digital or 8'/z x I 1 copy of this map
and as such it was not submitted along with this application. However, a copy has been
given to the DWQ and additional copies can be provided at your request.
DWQ On Hold Letter (see attached) — The DWQ requested additional information
from the applicant and Mr. Prusik in a letter dated February 22, 1999.
USACE Approval (see attached) — The USACE approved the December 1998
application in a letter to the applicant dated February 25, 1999. This approval was only
for Phase I of the development. This letter was mistakenly sent to my attention, most
likely because of our initial involvement with the project. The authorized agent title
above the attention line was "blacked -out" on the copy within our file. Although we do
not have confirmation of this in the file, I assume that this mistake was corrected and that
the letter was sent to the Mr. Prusik based on Mr. Prusik's letter to DWQ dated July 8,
1999.
SiteScapes Letter to DWQ re: Project Summary (see attached) — Mr. Prusik sent a
letter dated July 8, 1999 to DWQ summarizing the project and a site meeting with Mr.
John Dorney of DWQ on July 6, 1999. This letter states that a revised master plan was
prepared and delivered to DWQ on February 26`h, 1999 by Hugh J. Gilleece & Associates
(the project engineer) indicating wetland and buffer impacts for the entire site.
Notice of Violation from DWQ Raleigh Regional Office (see attached) — A notice of
violation letter was issued to Mr. Edwards on July 21, 1999 from the DWQ Raleigh
Regional Office.
SiteScapes Letter to DWQ re: Restoration Plan (see attached) — Mr. Prusik sent a
letter dated August 4, 1999 to DWQ describing a proposed restoration of wetlands
between Lots 1 through 8 and references a plan submitted by Hugh J. Gilleece &
Associates on August 2, 1999. S&EC does not have a copy of this plan and was unable
to obtain a copy from the DWQ. This letter also states the owners to be Heritage Pines,
LLC and the developer to be Mr. Mike Matheny. This is important to note because even
though Heritage Pines LLC is still the current owner of the unsold portions of Heritage
Pines, the developer has since changed to K. Hovnanian Homes. The current developer,
K. Hovnanian Homes, has stated to us that they were not involved in these initial
discussions with the agencies.
DWQ Approval (see attached) & 6/23/1999 Final Site Plan (not attached) — The
DWQ approved the use of GC 3101, 3103 and 3108 for the entire development (not just
Phase 1) in a letter to the developer, Mr. Mike Methany, dated August 8, 1999. This
letter was copied to the USACE, Division of Land Resources, Gilleece & Associates (the
engineer) and Steve Prusik (the consultant). This letter also acted as the Authorization
Certificate for impacts to the Neuse River Buffers.

HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
' The letter lists five (5) items. Item 3 stated that wetlands shown as area 11, 7 and 8 shall
not be impacted. The item did not require a revised impact map to be generated for
approval. Area 11 (now impact area W9-Sheet6) has since been impacted and the
' applicant is proposing to continue work on the lots and mitigate for the loss of wetlands.
It appears that areas 7 and 8 (and including 9; we believe that DWQ mistakenly either left
out 9 or included 8 instead of 9) have not bee impacted. The applicant is requesting to
' impact this area (now impact area W 10-Sheet6A) within this new application.
Item 4 required the 0.22 (acre) wetland area between lots 8 & 10 shall be restored as
' described in the August 11, 1999 letter from Site Scapes Design Group, Inc. S&EC does
not have a copy of an A2ust l lth letter from SiteScapes. We assume that this is
referring to the August 4 letter, but we do not have confirmation of this. As stated
' above, we do not have a copy of the August 4`t' plans submitted by Hugh J. Gilleece and
associates. We evaluated this area in 2005 and it does not appear that this area has been
restored (see site photos attached). Restoration of this area does not seem practicable
' given the adjacent homes. The applicant is now proposing to mitigate for the lost
wetlands within this area.
' It should be noted that the DWQ did not require a stonnwater management plan as a
condition of the approval. Although the as built design of the development is different
from what was originally approved, the general percent of built upon area and major
stormwater discharge devices and locations have not changed from those originally
' proposed. As such, the new applicant is not proposing any additional stormwater
management for the development.
It should also be noted that no stream, wetland or buffer mitigation was required as a
condition of the original approval. The applicant is proposing mitigation for the loss of
wetlands and perennial streams because these areas were never approved by the USAGE.
However, the applicant requests that buffer mitigation not be required given that it was
not previously required. It's also interesting to note that the area of buffer impact as well
as the length of stream impact was not listed in the original approval letter.
We do not have a digital or 8 '/z x 11 copy of the approved 6/7/1999 final site plan /
impact map and as such did not include a copy within this application. However, we have
' previously provided DWQ with a copy and can provide additional copies upon request.
S&EC Letter to USACE re: Avoidance of Additional Impacts (see attached) — On
' behalf of the current developer we have submitted the attached March 18, 2005 letter to
the USACE notifying them of the developers intention not to continue work within
portions of Phase 5 of the development that previously contained jurisdictional waters.
The developer has since gone one step further and has decided to put all work on hold
within the area of Lots 175 to 195 southwest of Louis Stephens Drive until future notice.
The applicant does intend to complete work within the remainder of Phase 5 including

HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
Louis Stephens Drive and the lots northeast of Louis Stephens Drive (all located outside
' of areas that previously contained jurisdictional waters).
USACE Letter re: violation (see attached) — The current developer was notified in
' writing by the USACE in a letter dated March 28, 2005 of the previous developer's
failure to obtain USACE approval for Phase 2 through 5 of the development prior to
discharging fill material into jurisdictional waters.

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Delineation Performed by: Soil k Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
Applicant/Owner: County. Wake
` investigator. Bob Zarzecki State: NC
Do normal circumstances exist on the site? Yes No Community ID: Dry -Oak Hickory
Is the site significantly disturbed Forest
(A typical situation)? Yes No Transit ID:
Is the area a potential problem area? Yes No Plot 1D: Upland Areas
(If needed, explain on reverse.)
VEGETATION
I Dominant Plant Species
Stratum
Indicator
Dominant Plant Species
Stratum
Indicator
1. Pinus faeda
tree
FAC
9.11ex opaca
tree
FAC -
FACU
2. Liriodendron hilip.
tree
EAC
10. Cornus florida
tree
herb.
UPL
3. Acer nebrum
tree
FAC
11. Chimaphila maculafa
I 4. Smilax rotandifolia
vine
FAC
12. Carya gtabra
tree
FACU
5. Quercus alba
tree
FACU
13.
6. Quercus rubra
tree
FACU
14.
I 7. Polystichrem acros.
herb.
FAC
15.
S. Lonicera japonica
vine
FAC-
16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 42%
Remarks:
" Schafale & Weakley,1990
HYDROLOGY
I Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
I Other
No Recorded Data Available
Field Observations:
Depth of Surface Water. ,0 ' (in.)
Depth to Free Water in Pit: ,>12_ (in.)
Depth to Saturated Soil: >12— (in.)
Remarks:
Wetland Hydrology Indicators:
Prim4a Indicators:
inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Seaondary indicators: (2 or more required)
Oxidised Root Channels in
Upper 121nches
Water -Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)

SOILS
Map Unit Name
(Series and Phase): Creedmoor cantly loam
Taxonomy (Subgroup): Hapludults
Profile Description:
Drainage Class: moderately well -drained
Field Observations
Confirm Mapped Type? Yes No
Depth
Matrix Color
Mottle Colon
Mottle
Texture Concretions,
(ins.) Horizon
(Munsell Moist)
(Munsell Moist)
Abundance/Contrast
Structure etc.
0-6 Ap
2.5 Y 5/2
N/A
N/A
sandy loam
6-12 A2
2.5 Y 7/4
,N/A
N/A
sandy loam
Hydric Soil Indicators:
H istosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Cleyed or Low-Chroma Colors
Remarks:
4 USDA Soil Survey
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
SOIL S
RIZ l'
-
`tq�
� NORM GP

' Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
' Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
' ROUYINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
' Applicant/Owner: County: Wake
Investigator. Bob Zarzecki State: NC
' Do normal circumstances exist on the site?
Yes No Community ID: Piedmont Alluvial
Is the site significantly disturbed
Forest & Piedmont Semipermanent
(A typical situation)?
Yes No Impoundment
' Is the area a potential problem area?
Yes No Plot ID: Wetland Areas
(If needed, explain on reverse.)
VEGETATION
'
Dominant Plant Species Stratum Indicator
Dominant Plant Species_ Stratum findicator
1. Pinus taeda tree FAC
9. Ligustrunr sinense shrub FAC
2. Liquidambar styra. tree FAC+
10. Woodwardia areotata herb. OBL
' 3. Lirio imdron tulip. tree FAC
11. Zcphyranthes atam. herb. FACW
4. Aceerubrnm tree FAC
12 Woodwardia vi►ginica herb. OBL
5. Smilax rotundifolia vine FAC
13. Arisaema triphyllum herb. FACW-
6. Juncus efjlusus herb. FACW+
14.
7. Carpinus caroliniana tree FAC
15.
8. Lonicera japonica vine FAC-
16.
' Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 92%
Remarks:
' ' Schafale & Weakley,1990
HYDROLOGY
' Recorded Data (describe in remarks)
Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge
Primary indicators:
Aerial Photographs
X Inundated
Other
X Saturated in Upper 12 Inches
'
No Recorded Data Available
X Water Marks
_X_
X Drift Lines
Field Observations:
X Sediment Deposits
____X Drainage Patterns in Wetlands
'
Depth of Surface Water. _0 -12— (in.)
Secondary Indicators: (2 or more required)
X Oxidized Root Channels in
Depth to Free Water in Pit: 0 -12. (in.)
Upper 12 Inches
'
X Water -Stained Leaves
Depth to Saturated Soil: 0 -12_ (in.)
X Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
'
Remarks:

SOILS
Map Unit Name
(Series and Phase): Worsham sandy loam
Taxonomy (Subgroup): Ochraquults
Drainage Class: poorly drained
Field Observations
Confirm Mapped Type? Yes No
Profile Description:
Depth
Matrix Color
Mottle Colors
Mottle
(iris.)
Horizon
(Munsell Moist)
(Munsell Moist)
Abundance/Contrast
0-2
All
10YRS/1
N/A
N/A
2-7
Alt
10 YR 5/1
N/A
N/A
7-11
A2
10 YR 6/1
N/A
N/A
11-12
Blg
10 YR 6/2
yellowish/brown common/prominent
Hyd ric Soil Indicators:
Texture, Concretions
Structure etc.
sandy loam
sandy loam
sandy loam
sandy clay loam
_ Histosol Concretions
Histic Cpipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
_X_ Aquic Moisture Regime _X_ Listed on Local Hydric Soils List
_X_ Reducing Conditions _X_ Listed on National Hydric Soils List
_X_ Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
* USDgSoil Survey
%k1and Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
' SF,O SOIL SC'j
1003
MORTI 1 G

FA
WILL BE APPLIED FOR SEPERATELY
CARY.
I"
NET -0 Twp ACT -IFAS (wl
124. 04 It
N2- 2.119 as sr
N1- 116 11 st
N4- 441.64 5r
NS- 1.624 25 sf
_
-
Nb B3f Of
t5, 116 60 i
f 5E 9 S 10111 LF
J
B 5596 2 19 V
'19
OF CL CMsuuEL- J54 56 11
CN El APE1S (C)
C1 56l 95 1
C2 13S1 5O sr
C3 129.22 sr 141.69 111
OPEN NATER A.. 4 TMFd(;75.-
ft• 1- L
OtD A—
I+Lw FA 3y L— _
NEN PG1:0 LOCATION
�
\\
-
9 I6 9.19 sr
9A- f 3 2 12 sr
C 2 64--32 sV
- C5 92 -61 st
� C6 3:4.62 sV
G+i NF1, E oJ, w[3 sl
N10- 6, 315. 76 If
NIt- 3 630 66 sf
Cl- 831.45 sf
TOlAI 6w1AEL AREAS- 5.966.13 sl 10.1369
Ac-)
GRAPHIC SCALE
1'-100*
.\
WETLANDS AREAS BASED ON MAP DONE BY JOHN R. MC Ap 4N$
N12- 35 30 sr
N13 1 391.60 sf
TOTAL CL OF CV+4vr+EL- 255.65 lV
-
�\
12. 691. 05 sl
\
651 53 sl
Nth- f. 595 51 zr
-
0 100 200
300
�
Nv- Iz. laa u e
TOTAL NETLANO IMPACT APEAS-
64.732.05 sV (1.94'.1 x.)
Hlwl h
Gilleece and
Associates
R6Vl5iOns:
H) SCALH i t00' weAc
s eet:
HERITAGE PINES OVERALL
WETLAND IMPACTS
�J_
IY) SCALE: NCNE '~ a"w. =11,;
W2
875 Walnut St_
Suit© 360 Cary, NC ph(919)469-1101 tax(919)460-7637
e, o Ao\o5.5v..1-1,-oz 1`03/28/05

0
w
Z
N
O

Soit & Environmental Consultants.) Inc.
244 West Millbrook Road w.Raleigh, North Cardina 27609 ■ [phone] ■ Fax [phone]
Mike Mmheny
I Real Estate Developwa t
105 Fairway Valley Ct.
Cary, NC 27511
' 919491-9506 (office)
919-630-9200 (mobile)
' 919-462-9646 (fax)
Re: Edward's Tract
ICary, Wake County, NC
November 6,1997
Pmjoct d 97-2939
' Dear Mr. MWwny,
On November 5, 1997, Kevin Martin (S&EC, ino. president), Steve Roberts (S&EC, Inc.
I biologist), Danny Smith (N.C. Division of Willer Quality) and myself visited tho site kaoavn
as the Edward's Trad located is Cary, NC for the purpose of ddamWM the extent of
jurisdiction under the Neuro River Basin Nutrient Sensitive Waters Maaagrrmeat Strategy.
Mr. Smith determined that the Neuse Riva Basin riparian buff's rules would apply b the
following locations (see attached map):
(1) The channel section betwcca wetland flags 149 and 163 located vrid" the drainage
' beneath the smaller of do two ponds.
(2) The channel from wetland flag 350 east.
■ (3) The channel north from 12 foci south of wWand flag 506.
A 30 -foot undisturbed forested buffer must be placed on all sides fora the eeaWbnc of the
' Vustift channels within these regulated areas In addition, a 20 -foot brier should be placed
I Soil/Site Evaluation ■ Mapping and Physical Analysis A Wetlands Mapping and Mitigation ■ Environmental
On -Site Waste'llreatment Systems, Evaluation and Design

i
on all sides fi- m the outer edge of the 30 -foot undishubod buffer. This 20 -foot buffer may
' consist of ground cover composed of trees or grass. Roads, bridges, stacmwAW mwgament
facilities, ponds, and trii i6a m be allowed to impact these buffers where nv pracxical
shm atiive exists.
Mr. Martin brought up sono m with regards to the unofficial jurisdidiooal determination made by
the Corps on hely 9th of this year. His concerns are ss follows:
I (1) Tho pond (0.82 aces in size) {vested near the northwest portion of the property sbould not be
omWcred jurisdictional doe to the fad "it was created for eoncolu" use, no channel Of
wcdW exi above it, so channel exists below it, and no diced connection exists betwom it and
' the wedaad below.
(2) The "chancel area" (277 sq. R in sin) bcatcd on the southeast end of the larger pond (3.27 sacs
in size) should not be considered jurisdictional due to the fact that it was a=*in high wvaDd
and has not significantly nmozlized.
IA letter has beat sent to the US Army Corps of Engineers requesting that they review their original
detemmstioe with regards to these areas. We are corrently awns their reply. There a no
' guarantee that they will d mge their call, but it can't hurt to ask However, they will not do ro until
we receive is agent authorization form signed by the current owner. Tho Corps requires this form for
final delineation approval (i.e., "sign -off" of the wotland ddineation map). Pleaao have this attached
fform signed and reburied to us.
Iif you have any questions, comments or seod fu rtber capianstion please fed Om to call.
may,
4
• 43I (AYW
Biologw

M �ttplRT
Y+ETL.ANO AREA Ftp �'�
6,636 sQ.tt.
O.1S31614 acres
>. 4
� j-" h• ./�r ` WETLArq AREA ., .11� +� �^"� >w e
142.25E; s4.R.
• •, 127 oers* 4; asy t" CHANNEL ssly
AREA
:`, s.'i. 129 p.fL�
POND d "' fn'
e A%' =,d A3 CHANNEL
AREA
277 : tL
C .s. �k"�0•....• Qlttta►� Tw
CVA#, ��Q
•`� 4" AOL-- t�ni actla�AL f ..
nests
3i
INS
�j- ><
PP �+
JAMES M. EDWARDS
DEED BOOK 6197 PAGE 386 CHANNEL AREA �'+`r '?•t h. ,
(
1.011 sq tt
0.02 oatsSSS jjj 1
WETLAND AREA CHANNEL AREA t r„ �• , ,• �'
5,076 fL 'i • ,'� >f
044 1Q.ft. r
0.13 occas 0.03 acre
w
• au y y F• L„ �ttl
4
x
`yea .�.n'(Tx� ••
+Y: �a�y� s �p.,, X04 st. • •. i ;
•!N
ost
s WETLAND AREA �'► ,IT , 1
2,160 sq.fl
WETLANDm ` ;
`r HRS AREA 0.05 a-'-
bT11Rt 7,050 sofl.
Q S��Rtz. 0.16 acres
CHANNEL AREA , .„• \ � i !
'^'1,706 sot.
0.04 oeres
.n/.0. of CHANNEL AREA • s' ` 1
... .�,.:si . .a 595 sq.fl F R • pptK�t WNER� i.,;!
0.01 acres '•�� RN�. QKtii ar
WETLAND AREA
' 1,124 sq.rt.boom
l�.^.'rvYnii�,i
pm. Rwvtqg
S 2.60 T AL t 1,
asr.Ne► � 1TOTA1.1Nb �A 2O2.at
OMERN Ei RRELL CN pom `��'��S W* L •
DEED BOOK 5460, PACES 529.526,562
DEED BOOK 6272, PAGE 42�� H� sHRt�
PLAT BOOK 19152. PAGE !A!�
THIS CERMICS THAT THIS COPY OF 1r.S PLAT ACCLRaTn r DOtCIS TIE NOIROARY or THE A$hSQICTION D< SECTION 604
K f!t CtEAN wTLTr aCi AS OE»kMn{Tr fh n•F I.wJF.M4OAED ON RFS DATL UNLESS TIIfRE IS A G11Ar4;( M Irr \aw
v !f IR R�e\IS•�E:'• RsW.ATiOF}. Tet fIF rTR4N'."m .Y "ftlfpN, 40. PMWOVIO+.NA.
i•'' r. nAYF.ff FIVE TfAk1 r1tOv gym. (•a It DE r+IlKO Ip:l1 r ---t . •vy't.
'IC'i aa•va11ONI w.•..ISE VhIM' nr, 14111 cn" . n'
4

RANOOLPH L CHANDLER
DEED BOOK 2274, PACE Ida
}- KSAR
�...I
'®® 1 GIC r00trKi �-
t 4 LEAS[ I -ARM •No AC(=SS CASEMENT rtmcL (1,v I
cS/ DECD BOOK 4447. PACE 210
S " j
N d611'J2' w h
Id9.2t '• �:..J
CHAN►IEL AREA
r'" .A '�=_''• 631 tq.ft.
0.02 _ acres
I
WETLAND AREA
1.075 sq.ft.
0.02.acres
"'T NWE' A AREA
d 12.745 sq. rt.
?., w3 0.29 acres
t,..
' 201ED RtlF 1215!
POND tt:
N/F
HItDA CARPENTER
DEED BOOK 2124, PAGE 217
139R 41'
i
CHANNEL AREA
413 sq.1t. !
O Dt acres
,r
CHANNEL AREA
231 sq ft.
0.01 acres
WETLAND ARE
1 r 5.922 sq.ft.
0.14 acres
n.
WETLAND AREA
35.721 sq.1t. Atee,%pcs TQ "Aye
0.52 acres
n•c NwxP/
Nm -1 E` �R1to•C ctOM��.
Wei tN PRo ti3S .
• \r
s
WETLAND AREA
5,013 sq.ft.
0'20' E 0.12 apes
+R.w «a,
APPROXIMATE CREEK 14
LOCATION (typ.) r'
R!1
CHANNEL AREA
662 sq.ft.
s>. } 0.02 acres
.•r d
us WETLAND AREA
5.666 $q.ft.
0.13 cores
(
Tom OfC tA*4" y ,• POtNc WMLRe "—rIT0A11s — (IXIw) i gyy� Qivf,0. ahb1N
/t000� $VRR'iRS APPbY : NRffA
UTOMM
bMttli OW4 D *-,T%M Vb "Uqk #
Sotsc'l��R��roitauN
'M� t.aw�ta*11Pa,.�

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr„ Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
r
NCDEN�R
?*k#" C&Aou" 0Cft ffMC eT or
Ewt"rturr Apo i4xru m%L f $<X; tccs
schen" 22.1999
Mr. L Michael Edwards
1137 lCildyta Farm Rod
Cary, IVC 27511
Deaf Mr. Edwards:
�. ._ _ %;tgft aus,tiramelRClolmnmtity
Wako Courtly
DWQ 4 990016
The Division of Weter Quality has reviewed your snba tittal for a 4WQI Permit and Nano Riva
Buffer rine: approval for Ilaitaga Pines Retirewsm Community in Wake Cowtty. Yaw application was not
complete since 1) the project map does not show the entire site artd 2) are additional pard is prom wwob win need
to be buffered. Pleats ptovido inforL hoe regattiiag tits locatim of yvur pavjeet. This information is needed by
DWQ in order for us to decide whether this project is approvable.
Please respond with three weeps of the date of this letter by seadloS nt the appmpriam informadoe. U
we do not bear from you is three weeim we will assume that you no logs want to pw end we will
I consider the project as withdrawn.
I can be reached at 919-733.1786 if you have goy questions. Until this Wmaiatim is received. I will
I Inquest (by copy of this letter) that rhe Corps of Engines plans this project on boil. Alan, abs project will be placed
on hold for our processing due to isompim intormttion (15A NCAC 2H .0507(&x4)}. Your proccuinj titan will
beau+ once we receive a eou*w application. Also for a site visit, prase contact Steve Mitcball of our R*10
ReSiooal Office at 919.511-4700.
r
I R>
Qw1ih Ptngsm
Atts[hment
cc: R,aleiib DwQ Regional Office
Wilmington District of coapt of FAximers
Raleigh Field Off co Corps of Engineers
John Dorney
Central Files
Steve Prusik. Site Scapes Design Oroup
I 990016.b1d
Division of water ouaRy • Won-Mcnarge D3rnncn
4401 Acedy Crook Rd.. Roblgh. NC 27807 Telephone [phone] TM FAX * 733-99M
_ An Equal Opportunity AffirrtuWuo Adan Employer • 50% roeyo1*W10%post conamer paper

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 199920303 / 199920557 / 199920558 County:
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property
Owner J. Mich_ael-Edwards
Address_ 1137 Kildaire Farms Road
Cary. NC 27511
Telephone Number 919-460-1048
Authorized v
Agent
Attn: Bob--U=-1a
Address_ 244 West Millbrook Road
Ralei& NC 27609
Telephone Number 919-846-5900
Size and Location of Property (Waterbodv. Highwav name/number. town. etc.):
The property is approximately 100 acres in size and is located on the east side of Carpenter Upchurch
Road (SR 1617), 0.75 mile south of Morrisville Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. The site is adjacent to an unnamed tributary of Crabtree Creek, above headwaters, in the Neuse
River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of
pipes, and the placement of fill associated with the construction of Heritage Pines Retirement Community.
Impacts to wetlands and waters authorized by this permit include 0.04 acre for one utility line crossing
under NWP 12 (AID 199920303), 0.281 acre for three road crossings under NWP 14 (AID 199920557),
and 0.592 acre of impact to wetland and waters by fill under NWP 26 (AID 199920558). Impacts to
wetlands and waters total 0.913 acre.
Applicable Law: X—_$ection 404 (Clean Water Act, 33 USC 1344) only.
---.Seetion 10 (River and Harbor Act of 1899) only.
Authorization: _ Regional General Permit Number
12. 14. & 26 Nationwide Permit Number(s)
' Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
' approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tu 11 at telephone number (919) 876 - 8441 extension 26
' Regulatory Project Manager Signature
' Date Feb r�ary 25. 1999 Expiration DateFebaMa 25.2001 (an 12 & 14)_
Expiration Date September 15, 1999 (nwn 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
ITO THE YELLOW "X) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Town of Cary

5Z4. "" Dk$zjj• Cry,14W,
Land Planning - Sao Design
July 8, 1988
NC Division of Water Quality
Attn: Mr. John Domey
4401 Reedy Creek Road
Raleigh, NC 27607
RE: Heritage Pines Retirement Community
Dear Mr. Dorney:
Thank you for your time in the field on July 6, 1989 reviewing the wetland and Neuse River buffer
constraints for Heritage Pines. This letter is being written on behalf d the owners of the property. There
were concerns that were raised that need to be addressed and the owner has every intention of resolving
these concerns in an appropriate manner.
Our original wetland applicatlon was mailed to the Corps and the State on December 20, 1998. On
January 7, 1M I received a letter from your dlic a stating that the application fee was not included as
part of our application. A check for $200.00 was issued and delivered to your office January 12,1999.
A second letter was sent to our dice on February 22,1999 indicating that the application was once again
incomplete because the entire project was not shown and two vvas conoem regarding an additional
pond on site. A revised master pan was prepared and delivered to your office on February 28'",1999 by
Hugh J. Cileece 8 Associates Indicating wetland and buffer impacts for the entire alts.
On March P. 1999 via were notified of the approval d the Army Cops 404 pwmiL During a meeting it
you offloes on May 11, 1999 there were concerns raised as to the aocumuk0m total d Impacts for the
entire site. it was our understanding at the conclusion d this meeting that by rerrtaAng a secondary
Neuse River buffer crossing Wong the south nr portion or the property, and by reducing the total impacts
to the entire site to under one acro that this would satisfy the concerns d the State. Again, the Master
Plan was revised to remove this crossing, realign a nattmrn toad around the Neuse River buffers, and
reduce the total impacts to cess than one acre. Additionally, at this time, it was our understanding that the
State did not have any concerns regarding Phase I d the project. No disturbances had occurred adjacent
to the small cul-de-sac in the southwest corner of the property before this meeWg.
During the week of June 21'x, Hugh J. Gffieece and Associates requested approval by the State to install
the sewer connection to the a4sting on site sewer. The state agreed and notified the Town of Cary,
which in tum gave approval to install the sewer.
104 Woodwinds Industrial CL Suite C — Cary, NC 27511. Phone [phone] - FAX [phone]

July s. Im
Heritage Pines
Page 2
From the outset, the owners have striven to tolow all applicable rules that pertain to the wetlands and
Neuse River Wers on site. Their goal Is to rectify arty concerns that the State may have and reach a
mutual conclusion for the benefit of all parties concerned.
We took forward to working with your office. If you have any additional questions or require further
Into madon please let me know.
' sine*.
SfteSca►pes Design Group, Inc.
' Steve Prusik ASIA
SiteScapes Design Group, Inc.

' S6'-24-2802 12:06 FRDM:DM-FETLANDS 919733 ffl3 70-.%%9467 P:4.,5
e
' N Kl% CAACLINA DRt+ARTNRM CW
�+At:iw�t RumowAs.Osr�ct
iJuly 31, 1999
`CggTIFIH�D MitII. -
• RETUM J=IPr 12MMSM
�,;lr�ttmss.eta r J. Michael, Rose G., Rickey G-, fury 9., end Jeanne G. Edvards
' 1137 Kildare perm Road
�- Cary, H.C. 27SIl
T Subject: ISotiee of Violation
' RecOmmendatiOn for Enforcement
Meuse Main Rules
• Horitage Bines Retirement toaotitt;tity
' Dn # 99-0016
peke Com aty
Dear Mr. Sirs i•iAdam:
On June 29, 1999, Mr. Pete Colwell Of the Central Office Netlandj401
Unit investigated impacts to the strum side (xipariaul vegetative buffer
along an u=aMd tributary to Crabtree Creek. This project is referred
to by this Office as DWO 99-0016. mr. Colwell observed impacts to the
VeUGG Riparian Zone from the iaetallation of a sewer line that removed
the forested vegetation along one side of the stream feature. Staff also
observed water and watland impacts prior to the issuance of at 4al Water
Quality Certification.
i Specifically, a sever Line was installed Within Zane One of the
protected buffer and that protective buffer w" •sseatially rnwved. The
Neu8e Buffer Rule requires that U= -electric utility lines which propose
�.. to impact this zone in a pon-perpendicular pathway to meet the following
criterion:
1) Obtain a detcrmInation or `no practical alternatives" to the
pzvpaeed use puzsuant to Item s of this paragraph;
2) Obtain approval for a mitigation proposal pursuant to IM ?ECAC
2B .0242.
The ivipacts to the riparian vegetation referenced above is a
violation of the Meuse giver Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Rxisting Riparian Arcas,
Administrative Code T15A:029.0233. Any activity that would result in
water quality standard violations or that disrupt the structural or
functional integrity of the riparian area are prohibited.
In additioa to the Neuse Buffer, violatiaa, impacts to vatlaade and
artOe tt►wwort].w; sues tot, t�tst . ta.R,w e�w.�wwts�ey
!���..��.� 1hItIMI t►tli7t.�700 Pi7[ftMtl7ts
AN iYW4 O!l'iy17V.flTT/ AT/IRIY}fri ACYtgI i11P10f711-i� 1iTiiiO/tY! R�TtoMMllrlA t•AriR

' S8' -24-29M 12:07 FR0M.DM-METL;#6 9197336@E3C3 70:99469967 P:"
Page Two
Heritage Pines AN
waters of the state have also occurred At this site. Road crossing
impacts. wetivad impacts to Lots 6, 7. and 0 and water and wetland
inpacta adjacent to and alaV the edge of a pond located at the subject
site have occurred without the receipt of a 401 Natex Quality
Certification in violation of IM NCAC 28 .0500 and section 401 of the
' Clean Water Act.
The Division of Nater Quality requires isnediate abatement of the
impacts to this riparian zoos. The above cited violations and any future
os additional viola<tiaos may result in civil pe"Ity assessment of up to
$10,000 per day fax each violation. The Central Office Wetland 401
Certification Group -will detail the issues conedming the issuance oaf the
' 401 Certification for this project in an additional letter.
You are required to rssperA to this notice in writing within IO days
of its receipt. Your responds should be directed to Mr. ]Gan Scbmter,
' Regional gvpa v:Lb=, 1628 Mail Centex, Rale 9b, Y.C., 27699-1625. pleas
specifically address why these activities transpired despite DVQ Staff
conducting site visits to aonfirae the stream locations and associated
' buffer protection. In addition, detail what efforts will be undertaken
to restore the vegetative buffer.
Thant[ yva for your attention to this sinter and be advised that the
' Raleigh Regional office is ccmideximg reconumWing an enforcoomt action
be persued for thaw violations. please thoroug2ily aefdrsan the: above
wentioned isauec in your response and provide any additional information
that you wish to provide. If you have any guiestivns regarding this
' Notice or need additiaml inform ice please contact we at 939-571-4700.
Sim ereI ,
ire-- 0.
nth schuaster
Regional supervisor
' a: Central/Bao riles
MC DMQ NetiaWdOl: Danny Smith
HC DLQ:Joba Rolley
ACOR:Todd 'hgwell
' Wake County:Jacks Taylor
b.-\nbrlet.for\mbr99\hartpiue.w r

Aup* 4,1999
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and bOoe MtQiegy, devdopte dtbe prq)tat.
m rupaate to �adoemi nimd by the 8hM tgacdio� veaelaade sour loot 1 Amp4h R to ownan add d i*M Im
mooed b r+ueon baw �eaNaadt ss cioee o pas s m 11�1r oondtioa. 7b3r temoratiod wi eaonr o
r+q�rerd by � S4de b blotb+ri� m�moe:
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71s ars wpi M j+ydad a rtes ati�idal weeltatd ekratiare
NdM tee tptdw w1U >M pl■md at tha cart ot400�er acre 1A 1 m 3 pUoa rias
No am *mm 306 ea ode dM k phowl �' 4wa Adb Bwld Gypr at
rmftwm oow[beian J mwy L 2000
Mwpkw iwet order Knolls vs y Read wilt be w an to no *min watb od
Zbwe d1 gw wM be 1D t110rdtdCe with the plea tubsitttd b $tate by Eire 3< QJllteoe t Attoofega a
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9eeve 1'nm1c, Ast,A
cc.- ?&. Todd ng"m
u3mcos
1 CL SuIWC - Cary, MC 27511. 19

SEP -24-2002 12:05 FROM M -WETLANDS 9197336893 70:96469467 P:2,*5
State of North Carolina
Department of Environment
and Natural Resources
Division of Water (duality -
James S. Hunt. Jr.. Governor
Wayne McDevitt, Secretary
Kerr T, Stevens, Director
Approval of 401 Water Quality Certiticatiotl
Mike Methany
Heritage Pius
3500 Regency Parkway
Cary. NC 27511
Dear Mr. Methany:
A&74 0 ,
NCDENR
NORTH CARCUM DEPARiTMEW Cqw
ENvinoNMWT AND NXIJR 1L RESOUACU
August S. 1999
Wake County
D WQi Project # 990016
You have our approval, in accordanet; with the attached conditions, to plate fill material in 0.477 acres of
water for the ptupose of construetiq a ratimment community at heritage Pines at SR 1617 new Carpeow, NC.
as you described in your application dtdod December 2o, 1998 with the rinai site plan dared June 23.1999. Aper
reviewing your application, we hive dcr-kW that this fill is covered by General Water Qaality Certification
numbers 3101.3103 and 3108. This Certificate allows you to use Nationwide Permit Numbers 12. I4 and 26
when the Corps of Engineers issues then this approval is also valid for the Nesse River Buffer Rules (15A
NCAC 2B .033). In addition, you should got any other federal, state or local permit before you go ahead with
your project including (btu not limited to) Sediment and Erosion. Coastal Stotluwater. Non -Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 of CAMA spires
unlem otherwise spcciF'itd in the General Certification. '
'Iris approval is only valid for the parpese and design that you described in your application. 1f you
Change your project. you must notify us and send as a new application. if the property is sold, the new owner
must be gives a copy of this Certification and approval letter and is thereby responsible for eomplyio: wit all
condition.;. If total wetland fills fnr thio pmjer t (now or in the forure) &vr r -d orte acre, wimpatsatory R%it(g ;tion
may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid. you Haus; follow the
conditions listed in the attached Certification. This approval shall expire when the cor=pondiag Nationwide
Pertttit expires or as otherwise provided in tbt; Ge e-rai Certification.
I. !)earl nutificatiom or similar mechanisms shall be placed on all Ina with remaining jurisdictional wetlands and waters; or
areas within 50 fat of al) streams and ponds to notify the state in order to assuro compliance for future watland undlor
water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the istww= of the 404
Pomit (whichever coma first).
2, An additional condition is that stormwataOW] be directed to sbecttlow at nonerosive vclocitiu thrqugh the poot*"ted
arum huffcm
3. W o:ilamu Shown on the June 23. 1499 map pmparcd by Gitleax and Assmiates and shown as ansa i 1, Kea? and am 8
shall nut be impacted.
4. The 0.22 wetland arca shown on tilt August 2, 1999 ntap from Gilkrce and ALsociates between lots 3 gad 10 shall be
restored or created by adjaetttt grading. removal orunpermitted fill and back fiWng of topsoil to the origlrtai elevation
Division of Water Quality • Environmental Sciences Brandt
Envlro. Sciences Branch, 4401 Reedy Cr*4* Pd. Raleigh. NC 27607 Telephone [phone] FAX ! 733-M
An Equal opportunity Aff irmativa Action Employer • M roeyetW 0% post consumer page r

SEP -24-2002 12:06 FROM I)WO-4ETLA DS 9197336893 TO:9B469467 P:3'5
and planting of native tree species by January 1. 2M ax described in the August 11. 1999 Iota from Site Scapes Ihsipr
Group. loc. DWQ shall be topicd on an wbuilt plan for this site by January 15, 2000.
5. The Alston Avenue impact is not permiued at this time. A separate application will be requited who construction of this
mad is unmiaetu.
If you do not accept any of the conditions of this Cera lication. you may auk for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a wtitten petition
whkh conforms to Chapter 150B of the North Carolina General Statues to the Office of A.dministrad" bearings,
FO Sox 27447, Raleigh, NC 27611.7447. This Certificadoo and its conditions are Nutt and bhWMg lidless you
ask for hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Cc" Water
Act. 1f you have any questions, please telephone john Dorney at 919-733-9646.
Siactmly,
Kerr T. Stevens
Cc: Wilmington Corps of Engineers
Corps of Engincers Raleigh Field Office
Raleigh DWQ Regional Office
John Donley
Central Files
Kaleigh Division of Land Resources
Jay Gilleece, Gilleece and Assoc.
Steve Prusik, Site Scapcs Deign Concepts, Inc.
9900I6.Itr

March 18, 2005
S&EC Project # 05-2939.w2
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Heritage Pines Subdivision, Cary, Wake County, NC
Dear Mr. Tugwell:
On behalf of the owner, K. Hovnanian Homes of North Carolina, Inc., we are providing you notice of the
owner's intent to stop additional work on a portion of the subdivision until the Individual Permit is
approved by your office. The owner intends to stop work on all proposed residential lots within Phase 5
that are located in areas that previously contained jurisdictional wetlands or waters. The attached drawing
shows the approved wetland delineation overlaid on the proposed Phase 5 lot layout. No additional work
(except possible erosion and sediment control measures required to stabilize the site) will occur in the
location of lots 176, 177, 180, 181, 182, 183, 184, 185 and 186. Also, no additional work will occur on
the section of the proposed street that fronts lots 181 to 185. Work will continue on the remainder of
Phase 5 in locations that did not previously contain wetlands or waters. We are currently working on the
draft application for the Individual Permit and expect to have it ready for your review soon. It is the
owner's intention to ensure full compliance with wetland regulations.
Please call me if you would like to discuss.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Attachment: Phase 5 Heritage Pines Site Plan
Cc: Mark Miller, Land Development Manager, K. Hovnanian Homes of North Carolina, Inc.
HERITAGE PINES SUBDIVISION
PHASE 5

Heritage Pines Subdivision March 18, 2005 S&EC Project # 05-2939.w2
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
March 28, 2005
Mr. Mark Miller
K. Hovnanian Homes of North Carolina, Inc..
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
Dear Mr. Miller:
- ;939
OPY
APR - 12005
U'
' Please reference your permit application of February 14, 2005, for Department of the Army
(DA) permit authorization for impacts associated with the extension of Louis Stephens Drive within
Heritage Pines Subdivision, located east of Carpenter Upchurch Road, and south of Morrisville
' Parkway, in Cary, Wake County, North Carolina. The site is adjacent to an unnamed tributary of
Crabtree Creek in the Neuse River Basin. Your application requested authorization for impacts to
256 linear feet of perennial stream channel and 0.484 acres of wetland.
' On February 22, 2005, Mr. Todd Tugwell with the Raleigh Regulatory Field Office
attended a meeting on the site with Mr. Todd Preuninger with Soil & Environmental Consultants,
Inc. to review the proposed work. Prior to the meeting, Mr. Tugwell determined that nationwide
permit authorization had previously been provided to the former developer of the subdivision, Mr. J.
Michael Edwards, for impacts totaling 0.913 acre of waters of the U.S. associated with Phase 1 of
' the subdivision. During the meeting, Mr. Tugwell discovered that you have already constructed
several additional phases of the development, or are currently in progress. Based on maps obtained
from Soil & Environmental Consultants, Inc., it appears that the construction of roads, lot fill, and
sewer lines required for the additional phases of the development have resulted in the loss of 0.956
' acre of waters of the U.S. and approximately 180 linear feet of perennial stream channel, and
temporary impacts to 0.1 acre of wetlands. These activities, conducted in waters of the United
States without authorization by a DA permit, are a violation of Section 301 of the Clean Water Act
(33 U.S.C. 1311).
We also received a letter dated March 18, 2005, submitted on your behalf by Mr. Bob
' Zarzecki with Soil & Environmental Consultants, Inc., which states that it is your intention to cease
all on-going work in areas containing waters of the U.S. within unfinished portions of Phase 5 of the
development. The letter stated that Soil & Environmental Consultants, Inc. is currently preparing
' an after -the -fact individual permit application for the unauthorized activities. Please note that our
acceptance of an after -the -fact permit application does not imply, by the Corps of Engineers or other
agencies, either a favorable or an unfavorable opinion of the work performed. Please note that
' CERTIFIED MAIL
RETURN RECEIPT REQUESTED

-2 -
while you pursue after -the -fact permit authorization for impacts associated with the development,
we will suspend further enforcement actions pending the outcome of your permit request.
Also, please be aware that your individual DA permit application will be evaluated in
accordance with procedures established in a Memorandum of Agreement (MOA) between the
DA and the US Environmental Protection Agency (EPA), signed on February 6, 1990. The
MOA clarifies the type and level of mitigation necessary to comply with the Clean Water Act
Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to minimize impacts on waters and wetlands; and finally,
compensating for any remaining unavoidable impacts to the extent appropriate and practical. To
comply with this MOA, you are required to provide the following information in support of your
after -the -fact permit application:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Your application
must contain information regarding any other alternatives, both on and off site, to the work for
which you have applied, and demonstrate that your selected plan is the least damaging to aquatic
resources.
b. It is necessary for you to have taken all appropriate and practical steps to minimize losses to
waters of the U.S. Documentation submitted in support of your permit application must indicate
all that you have done; especially regarding the modification of plans and proposed construction
techniques, to minimize adverse impacts (i.e., to reduce the discharge of fill material into waters
of the United States as much as practicable). Your response should address alternate site designs,
which may result in reduced impacts to the aquatic environment.
c. The MOA requires that appropriate and practical mitigation (e.g., restoration, enhancement,
and/or preservation of wetlands and stream channels) will be required for all unavoidable adverse
impacts remaining after all appropriate and practical minimization has been employed. Please
note that mitigation may be required for all direct and indirect impacts that result in a degradation
of the aquatic resources on site.
Please submit your completed after -the -fact permit application to the Raleigh Regulatory
Field Office no later than April 27, 2005. If additional time is required for restoration of the site
or to prepare your permit application, you should contact my staff with a request for an extension
of time, providing justification(s) for the delay. Please be reminded that no further work within
wetlands or waters can occur on your property until this matter is resolved. Such work, without
authorization by a DA permit, will be considered a willful and intentional violation of the Clean
Water Act, and may result in referral of this matter to the U.S. Attorneys Office for appropriate
action.

-3 -
With regard to the proposed construction of Louis Stephens Drive, we have determined
that the proposed road is a separate thoroughfare. Therefore, we consider it as a separate project
for the purposes of DA permit requirements. Since the road's construction will benefit the
surrounding community and the Town of Cary will take over maintenance following its
construction, it is necessary, that the Town of Cary apply for these impacts separately.
Accordingly, the Town of Cary can submit an application for the road before we resolve the
violation at the subdivision. We are forwarding a copy of this letter to the Town of Cary so that
they may take appropriate action in this matter.
Please contact Mr. Tugwell, at telephone [phone], Extension 26, if you have any
questions or comments.
ISincerely,
I U
-" S. Kenneth Jolly
Chief, Regulatory Division
Copy Furnished
IMr. Bob Zarzecki
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
U.S. Attorney
IEastern District of North Carolina
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Mr. Ron Mikulak, Chief
Wetlands Regulatory Section
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
1

HERITAGE PINES SUBDIVISION
DWQ — NEUSE RIVER BUFFERS
N.C. DWQ — NEUSE RIVER BUFFER IMPACTS
Buffer Impact
Site Number
Impact Type
Zone
Impact *
(square feet)
Multiplier
Required*
Mitigation
Sheet 8 Z2-13
Fill Slope Zone 2
2
825
1.5
N/A
Sheet 8 Z2-14
Fill Slope Zone 2
2
77
1.5
N/A
Sheet 8 Z2 -14A
Stormwater
2
159
1.5
N/A
Sheet 8 Z2-15
Fill Slope Zone 2
2
5
1.5
N/A
Sheet 9 Z1 -I
Road
1
6,136
3
N/A
Sheet 9 Z2 -I
Road
2
6,669
1.5
N/A
Sheet 9 Z2-2
Stormwater
2
164
1.5
N/A
Sheet 10 Z2-4
Fill Slope Zone 2
2
431
1.5
N/A
Sheet 10 Z24A
Utility
2
1,311
1.5
N/A
Sheet 10 Z2-5
Fill Slope Zone 2
2
70
1.5
N/A
Sheet 10 Z 1-3
Road
1
15,391
3
46,173**
Sheet 10 Z1 -3A
Utility
1
1,261
3
N/A
Sheet 10 Z2-8
Road
2
3,191
1.5
4,787**
Sheet 10 Z2-9
Road
2
4,736
1.5
7,104**
Sheet 10 Z2 -9A
Fill Slope Zone 2
2
785
1.5
N/A
Sheet 10 Z2 -9A
Fill Slope Zone 2
2
1,918
1.5
N/A
Sheet I 1 Z1-2
Utility Crossing
1
1,915
3
N/A
Sheet 11 Z2-6
Utility Crossing
2
436
1.5
N/A
Sheet 11 Z2-7
Utility Crossing
2
406
1.5
N/A
Sheet 12 Z2-10
Fill Slope Zone 2
2
4
1.5
N/A
Sheet 12 Z2-11
Fill Slope Zone 2
2
23
1.5
N/A
Sheet 12 Z2-12
Fill Slope Zone 2
2
3,750
1.5
N/A
Sheet 13 Z14
Utility Crossing
1
1,791
3
N/A
Sheet 13 Z2 -12A
Utility Crossing
2
448
1.5
N/A
Sheet 13 Z2-1213
Utility Crossing
2
410
1.5
N/A
Total
52,312
58,064
* Impacts and Required Mitigation have been rounded up to the square foot.
** The road crossing was previously approved by the DWQ without buffer mitigation
(see DWQ Project No. 99-0016 letter dated August 8, 1999) as such we request that no
buffer mitigation be required for this crossing.

HERITAGE PINES SUBDIVISION
MITIGATION PLAN
The applicant does not believe that on site mitigation is practicable beyond avoidance to
any additional wetlands, streams and buffers. As such, the applicant proposes to make a
payment into the Wetlands Restoration Fund administered by the North Carolina
Ecosystem Enhancement Program (NCEEP). The applicant has not yet formally
requested the acceptance for this payment from NCEEP. This request will be submitted
as soon as the agencies have verified that the impacts listed within this application are
correct, have provided guidance on the feasibility of these impacts being approved, have
agreed upon the appropriate mitigation ratios, the applicant is both willing and able to
make such payment, and NCEEP accepts the requested payment. If in the case that the
applicant is neither willing nor able to make this payment once determined by the
agencies or NCEEP is not willing to accept the payment, then the applicant will propose
an alternative mitigation plan.
At this time the applicant proposes to mitigate through payment into the Wetlands
Restoration Fund for all permanent perennial stream impacts (297 feet), riparian (within
200 feet of a stream determined by DWQ to be subject to the Neuse River Buffer Rules)
wetland impacts (1.705 acres), and non -riparian (greater than 200 feet of a stream
determined by DWQ to be subject to the Neuse River Buffer Rules) wetland impacts
(0.702 acres). At this time the applicant is proposing a 1:1 mitigation ratio for these
impacts. No mitigation for impacts to Neuse River Buffers is currently proposed given
that it was not required by the DWQ as a condition of there August 8, 1999 approval.
However if buffer mitigation is determined to be required, then the applicant proposes
payment into the Riparian Buffer Restoration Fund. No mitigation for impacts to open
waters and other waters (excluding perennial streams and wetlands) is proposed.
Amount of stream mitigation requested (linear feet): 297
Amount of buffer mitigation requested (square feet): 58,064**
Amount of Riparian wetland mitigation requested (acres): 1.705
Amount of Non -riparian wetland mitigation requested (acres): 0.702
** No buffer mitigation is currently proposed at this time as discussed above.

HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps
Wetland Regulations" and dated August 13, 2001, the Corps of Engineers lists 21
specific factors that will be reviewed related to Public Interest. These factors are similar
to the "Evaluation Factors" listed on Page 8 of the U.S. Army Corps of Engineers,
Regulatory Program, Application Information document dated May 1985. These items
are as follows:
Conservation
Water Quality
Wetlands
Flood Hazard
Floodplain Value
Land Use
Recreation
Safety
Aesthetics
Historic Properties
Water Supply
Navigation
Energy Needs
Mineral Needs
Economics
Fish & Wildlife Values
Shore Erosion and Accretion
Food & Fiber Production
Environmental Concerns
Property Ownership
Needs and Welfare of the People
Responses to each of the 21 Public Interest Issues are presented below.
Conservation:
No additional impacts are proposed to the remaining wetlands, streams and riparian
buffers on the site beyond those that have already occurred or those proposed within this
new application.
Water Quality:
The construction will meet all of the local, State and Federal design requirements with
regards to protection of water quality. The two ponds on the property, while not designed
to NCDENR stormwater requirements, are expected to provide some treatment (TSS,
etc.) of stormwater runoff that enters them. Many of the other stormwater conveyances
discharge to devises that provide some form of diffuse flow or dispersed flow prior
through riparian areas prior to entering the streams. The surface waters on site are
classified by the DWQ as "C, NSW". The development will comply with all DWQ water
quality standards for class "C, NSW" waters.
Wetlands:
No additional impacts are proposed to the remaining wetlands on the site beyond those
that have already occurred or those proposed within this new application. Wetland
functions will therefore be retained within these areas.

HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Flood Hazard:
The site is located outside of any flood hazard areas as designated on the latest Flood
Insurance Rate Maps (FIRM) issued to Wake County and incorporated communities in
June 2004 (see http://www.ncfloodmaps.com/NewsArchives/wake prelims.htm ),
therefore flooding is not of concern. The culverts below Heritage Pines Drive have been
reviewed and approved by the local municipality to ensure the proper passage of any high
water events.
Floodplain Value:
The site is located outside the 100 -year floodplain, therefore there are no impacts to any
existing FEMA designated floodplain areas. Other than the fill installed for Heritage
Pines Drive, the remainder of the wetlands and riparian area on either side of the
mainstream channel were not and will not be impacted. Floodplain functions will be
retained within these areas.
Land Use:
The proposed development owned by Heritage Pines, LLC is being or has already been
developed as a residential community. The surrounding properties are primarily
residential and institutional (Wake County Schools).
Recreation:
No public or private recreational facilities will be affected by the development and
operation of the facility. Heritage Pines offers many recreational activities (including
swimming, tennis, walking trails, etc.) within the community. It's vicinity to the
neighboring school provides easy access to the recreational facilities offered at the
school.
Safety:
All entrances to the development along state roads are already installed and meet the
standards of the North Carolina Department of Transportation (NCDOT). In addition to
the NCDOT constraints imposed for the sake of safety, there are also constraints on the
construction process by state law and the Occupational Safety and Health Administration.
Aesthetics:
The applicant does not believe that Heritage Pines will negatively the affect aesthetics of
the surrounding properties and many people may feel that this well landscaped
community enhances the aesthetics of the area.

HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Historic Properties:
The State Historic Preservation Office, North Carolina Listings in the National Register
of Historic Places by County document provided on their web site (see
http://www.hpo.dcr.state.nc.us/nrlist.htm) does not list any historic places within the
property boundaries. The Carpenter Historic District is located about 0.8 miles north of
the property and the Green Level Historic District is located about 2 miles west of the
property. The applicant does not believe that either of these Historic Districts will be
directly impacted by the development and may actually be enhanced in that people
moving to the area may wish to promote the restoration and revitalization of these
historic districts. The State Historic Preservation Office has not been contacted as of the
date of this application. The applicant welcomes their review and comments.
Water Supply:
The site is not in a water supply watershed. The Town of Cary provides water to the
development. The applicant does not believe that development of the site and the
resulting water needs will not adversely affect any existing off-site water supplies.
Navigation:
The wetlands proposed to receive fill materials are not located in navigable waters. No
impacts to navigation are anticipated as a result of site development.
Energy Needs:
Electrical energy for the development will be supplied by the local network as operated
by Progress Energy. The development will not generate any of its own power and will
not have energy needs in excess of normal residential development.
Mineral Needs:
Neither supply nor demand for mineral resources will be negatively affected by the
development of this site.
Economics:
Heritage Pines provides an economical active adult living community for retirees living
on fixed incomes. It is expected that these the new retirees and residents moving to the
area will promote the local businesses and economy.

HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Fish & Wildlife Values:
The following species have been federally listed as Threatened or Endangered for Wake
County:
Common Name Scientific Name Status
I Bald Eagle Halieetus leucocephalus Threatened
Red -cockaded woodpecker Picoides borealis Endangered
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Michaux's Sumac Rhus michauxii Endangered
Utilizing the N.C. Natural Heritage Program (NHP) database of all recorded protected
species occurrences, S&EC found that there were no occurrences of a protected species
with the project limits and no occurrences of the federally protected species listed above
within a three mile radius of the project limits.
No direct or secondary adverse impacts to federally listed species or exemplary natural
communities are expected from the construction of the proposed subdivision.
The two ponds located on the property and retained stream, wetland and riparian
corridors are anticipated to provide habitat and wildlife corridors both within and through
the community.
Shore Erosion & Accretion:
This public interest issue is not applicable to this application as the subdivision will not
affect shore erosion or accretion.
Food & Fiber Production:
The Heritage Pines subdivision will produce neither food nor fiber as part of the facility
operations.
Environmental Concerns:
Noise
No adverse impacts to noise levels in the area are anticipated from the development of
this site. It is anticipated that the older population and retirees that reside in the
community (many of which do not work and spend much of their time within the
community) will encourage noise levels from construction activities and post —
construction activities to be maintained at an acceptable level.
3

I HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
IPrevention of Contamination
All construction activities and resulting infrastructure will be in compliance with
I applicable environmental laws. No facilities are planned that have a significant risk for
production or release of environmental contaminants.
Erosion and Sedimentation
Construction at the site will be performed under an approved Erosion and Sedimentation
Control Plan to minimize sedimentation and erosion in the construction areas.
Stormwater during construction will be managed using sedimentation basins and other
control devises that will reduce the sediment load in runoff and will attenuate peak flow
rates to prevent downstream erosion.
Air Quality
No adverse impacts to local air quality are anticipated as a result of this development.
Property Ownership:
Phase 5 of Heritage Pines is currently owned by Heritage Pines, LLC. Many of the
properties within Phases 1 through 4 have been sold and currently have multiple different
property owners. Adjacent property owners to Heritage Pines are listed in Block 24.
Needs and Welfare of the People:
Providing adult housing in an area where older populations are expected to increase
addresses the needs and welfare of the people.