20050736 Ver 1_Public Notice_20050512

It I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
C" S - C) 13'( 0
Issue Date: May 11, 2005
Comment Deadline: June 10, 2005
Corps Action ID #: 200520456
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.anny.mil/wetlands
Applicant:
AGENT (if applicable):
Authority
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
k ?c?Ron11 p
MAY 1 2 2005
Soil & Environmental Consultants, Inc. DENR-WATER QUAUTY
Attn: Mr. Bob Zarzecki WEUMMOST MTERBWO
11010 Raven Ridge Road
Raleigh, North Carolina 27614
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to the applicable procedures of Section 404 of
the Clean Water Act.
Location
The project, Heritage Pines Residential Subdivision, is approximately 100 acres in size
and is located to the east of Carpenter Upchurch Road (SR 1617), approximately 0.75
mile south of Morrisville-Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. Coordinates (in decimal degrees) for the site are 35.8092 ° North, 78.`8668-°-
West. The site contains several unnamed tributaries of Crabtree Creek, and adjacent
wetlands, in the Neuse River Basin (8-Digit Cataloging Unit 03020201).
Existing Site Conditions
The project site, which is located in a suburban area west of Raleigh, has been under
development for several years. Currently, all portions of the property have either been
developed as single-family residential units, or they are under development. Phases 1
T
through 3 have already been constructed, phase 4 is nearing completion, and phase 5 is
partially complete. The site contains several tributaries to Crabtree Creek, along with
adjacent wetlands and hvo amenity ponds that were formerly farm ponds. Prior to
development, the site was abandoned agricultural fields and forestland.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide an active adult country
club residential community, marketed to adults 55 years of age and older. The
community provides a clubhouse, swimming pool, tennis courts, and paved walking trails
and sidewalks. Additional housing for the growing Cary area. The development contains
single-family residences with lots ranging from 0.15 to 0.2 acres.
Project Description
The permit request for this project is an after-the-fact application. The majority of
impacts associated with this permit application have already been completed. This public
notice does not imply, on the part of the Corps of Engineers or other agencies, either a
favorable or unfavorable opinion of the work performed. This notice is issued to solicit
comments regarding the factors on which a final decision will be based. The applicant
has agreed to place the project on hold, pending the resolution of the permit application.
Further enforcement action, including possible legal action, has been suspended pending
the outcome of this consideration.
The project is a residential development that will include construction of single-family
units, a clubhouse, swimming pool, tennis courts, and walking trails. In all, there are 5
phases of the subdivision. Continued development of the site will require extensive
clearing, grading, excavation, and fill necessary for the construction of homes, lots, roads,
stormwater facilities, and infrastructure. Heavy equipment, including graders, pan
scrapers, excavators, bull dozers, etc. will be used for the construction of the project.
Proposed impacts to stream channels resulting from the placement of fill material,
culverts, and/or riprap totals 337 linear feet (0.072 acre) of perennial stream channel,
including 40 linear feet of temporary impact. Proposed impacts to wetlands resulting
from the placement of fill material for roads, building pads, pond dams, and utility lines
totals 2.407 acres of wetland, including 0.192 acre of temporary impact. Proposed
impacts to open waters resulting from modification of the existing farms ponds totals
1.858 acres. The total impact to all waters of the U.S. is 4.337 acres. Plans included
with this notice that show the overall proposed site layout as well as the details for
impacted waters.
The applicant proposes mitigation for impacts to stream channels and wetlands associated
with the project at a 1:1 ratio by providing payment into the North Carolina Ecosystem
Enhancement Program for the restoration of 297 linear feet of stream channel, 1.705 acre
of riparian wetlands, and 0.702 acre of non-riparian wetlands. No mitigation for impacts
to open waters has been proposed.
2

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
June 3, 2005.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of
this proposed activity. Any comments received will be considered by the Corps to
determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest
factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, June 10, 2005. Comments
should be submitted to Todd Tugwell, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
4
?'• / of ? ? - ??? k--r ? t ? ?? ? .;:ay r?_ ??
r_ti z. y
a t, .? - 1 r ti( _1 -rx ?r F r - - i m
,? ? I ? , _ y: m io J= F
? 4? 't K v 3'C q?
x , -x rv. ? EE ?'`,
,,
r-
,' ? ?? <??u I \ r -}'V ? p ` ? ?I @ '?' \?. ???? r 'E"" jik' j;li It Z i? cG`r?? < •C7
,. 4` sr ?r?mm? ?-1 u \ ;,I c r ,} A' 1' ,7, lar
ti 9 k a j } 11. 3 c! _ 1 0
a ? ? yin i` ,? ' ,? ? a ?• ?,? .f ?`_{. a i+ i+H i,.k ? ,>aY`??i < ?? ' ?t?e
rLT
c 1.
3- 1
t s'i
L. 1
s `•ff ?V
1 _ "P
nr E x , z >,, ?? R
?jv? l:y
J
326
f
?-!pvd "
f' y^ f
'1 ?'°'? -r ' .r^J , ? : ?r'• `? ? L-? sue" % - -: f
?-? "t 1 ?? 1 '- I '4* J
i i 1 r? - I 11 f } f
Cis,
co P
_ t 3
N
Prc;:-:t - I Sc :a:
s a.-A I h i S
?rca-t Ca a:
M;r.: EZ
Cary, NC
USGS Quad
Heritage South SID, Cary
Wake County, NC
X 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
was an open field.
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
USGS TOPOGRAPHIC bIAP
AM # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 2 of 17
Cary, NC 27511
SEE SHEETS 1-6A FOR WETLAND IMPACTS
SEE SHEETS 7-13 FOR BUFFER IMPACTS
a
03
m
n
U)
x
0
z
z
O
Z
U1
x
m
m
w
0
-o
O
z
0
a
mm
n
x
1 ?
a f
M z
m
a O
U) z
x U)
O x
x m
z m
O
Z N
a
x
m
m
N
z
II -111C 1111l? \? V\\\/\\\? 1 / /\/ /Ik? Jill > Ln
n
x
m
• n
in
x
O
s
z
°
z
Cn
x
-<vo
m
mmM
% OU)
S °
om
s
zx
m
z
)
mmu
/ rn
aMN

r- co
a
a
m
a
En
x
0
Z
O
z
u,
x
m
m
PLAN VIEW
ID # 200520456 Wake County, North Carolina
Hugh J. ?.?11?@@GEr B?IC? AS eritage Pines, LLC May 11, 2005
1375 wakvA etre.t Butte 300 Cary, NO Phcr+w (v?c)aeo-rat 500 Regency Parkway Sheet 3 of 17
Cary, NC 27511
Aid WETLAND IMPACTS
r 1 Wii- 4,012.41 sf
! W13- 1.397.60 sf
r W17- 12.748.47 sf
11
+ L o o TOTAL THIS SHEET: 18,158.48 sf
M M
cn
1 ,% " t7 O
1 r7
! 1
3
CHANNEL IMPACTS
{ ! C6- 314.82 sf
! C7- 831.45 sf
! TOTAL THIS SHEET: 1.145.27 sf
U) 1 M O
? ?1 1
m 1 1
~ 1 I
3 1 1 O
j
r
1
00
i?
1 i tNj
t7 M
L)
N ?? ? M M ? I i
N
M
04
IMPACT DETAIL
"uoh .J_ G1?1c@Ct° and Aaa '200520456 Wake County, North Carolina
Heritage Pines, L LC May y 11 11,, 20 2005
875 Waywt 8trest Butte 360 Cary, NC Phone (9m)4tso- tw1 F 500 Regency Parkway Sheet 4 of 17
Cary, NC 27511

D
319
.o
318
/
317
305
3?5
300 3? ?
30? 3? 3
a
OPEN WATER AREA IMPACT
OLD AREA- 35,720.66 5f
NEW AREA- 23,089.01 sf
DIFFERANCE- 12.631.65 sf
3A b
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Huph.J. Gilleece and Ase Heritage Pines, LLC May 11, 2005
0745 wakxA street state 350 Cary, NO Phorw (")4ao-rat 500 Regency Parkway Sheet 5 of 17
Cary, NC 27511

=rr rfr.

Q
w
S

0

Lr)
311,
WETLAIND IMPACTS
W14- i2.E91.05 sf
tt15- E57.53 st
W16- 1. E95.51 s t
To-, THIS S.ZET: 15.264.C3 sf
C=E?1 iiAIER :.rwA 1i+.2ACT
V-0 A- 125. 5_3.02 st
"i A;-"A- E5. 113. C s t
17IFi EF:, Z z- El. 679.9-. Sf
i
1
1
i

IMPACT DETAEL
-r JD # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Hugh J. ?1?iSE?G? and Asp 500 Regency Parkway Sheet 6of17
975 wak-AA str"t smote *60 Cary, NC Phon {aw}4450-trot I Cary, NC 27511
' L
fjt r

I
_ i{p
1
O /
CHANNEL IMPACTS
C1-5911.95 Sf
C2-1,480,51 sf
C3-129.22 Sf (41.6911)
TOTAL THIS SHEET: 2.207.65 sf

i
WETLAND IMPACTS
W1-1,124,04 $1
W2- 2,714,71 Sf
W2A- W816 sf
W3.669.76 sf
W4.447.84 s1
TOTAL THIS SHEET: 6.025,21 sf
IMPACT DETAEL
mm .............. ......... ? ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
! -{ h j I (: C-; " e C--1 e .7 --I,. S 500 Regency Parkway Sheet 7 of 17
v _ ;;a sf'W ?,,. 36a co , :-o { 113}4u'r-I>ea FCary, NC 27511
} l

_?
n
i
r
r
1
6
1
i
('1
1
i

t'.'t L :a FACTS
4 51;:, 21.56 sf
IMzA- 1,E24 25 sf
V.66- 3.5IzsI6 sf
W? 2419 FS sl
TOTAL- TtiS SFZET- 10.9-73.65 St
IMPACT DETAIL
SID # 200520456 Wake County, North Carolina
-- - r„ Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet S of 17
Cary, INC 27511
i
i

CHANNEL IMPACTS
N7- 20,274.16 sf TOTAL LF OF
k7A- 1,261.65 s f
W78- 923.51 sf CL CHA,,%EL- 254.96 If
HS- 569.42 sf
N9- 16, 449.79 s f
ti9A- 1,392.72 s f
H98- 1,686.01 $f
TOTAL TNTS SHEET: 42.557.47 sf
CHAU14EL IMPACTS
C4- 2.642.32 st
C5- 92.67 sf
TOTAL THIS SHEET. 2.735.19 sf
},* V\
r
T
t
1
00
h

t?
CD
_ r
-1
tM
r

t+
n
1
1
t;:J
t
1
K t
t
• .. w w
t
I
t
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
"Uoh Heritage Pines, LLC May 11, 2005
875 W&k Wafrwt s t3._J_ C?at?? E; t? Gam` r,r'tCy .q : 500 Regency Parkway Sheet 9 of 17
975 tr?rt €A3ts Sao Cary. WG Pho "Ons E3 tw0>4aO- " Cary, NC 27511
t
r
V*ITLA•":B WPkCTS
WILY 6,33x6 sf
WtB. 4 EL&Si Sf
IMPACT DETAIL
AID # 200520156 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 10 of 17
Cary, NC 27511
0
a
m
M
S.
N
C)
C)
z
C7
z
fin
rn

f rn
cn

rn
r ZU
v 111 rn
x.
w ? x
a rn

' ?
.. i Z
N
'
z

En #
}
fir,
m 2
l
LO /f
- w

fn 1

C r
O l S ?Q
rn
m M"I

7v OW
S
/ S

©OU

0
'a
"Mtn

U)
_ 3> 37 N
C -if
r-W
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
HuG,gh J. i1I?E?CG atnd ,A.. Heritage Pines, LLC May 11, 2005
675 Waiwt etro vt "0 000 Cary:, NO Phor)w (0400--'not p 500 Regency Parkway Sheet 11 of 17
Cary, NC 27511
*1 BUFFER ZONE 2 AREA IMPACT
i V \ «-13- 824E3 .
?r 7 .f
Z24 21 s'
TOTAL THIS SHEET: l,G; 86 a__
ti f \ ,
ov)
? j
v
r 7 ! `? ? it ? t
CC)
t ?
t t

?--' - - - :_ ? ---fir
f
IMPACT DETAIL
AID n 20052056 Wake County, North Carolina
-1 i - - ,-i
r eritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 12 of 17
-? Cary, NC 27511
1 , J
0
7 ? I
/ Q
? rj
i
f
Y
PV J .?
'BUFFER ZONE 2 AREA TMPACT
Z2-1- 6.663.77 sf
Z2-2= 163.13 sf
TOTAL THIS SFEET: 6.831.90 sf

ICU
I
I

i
i
i
T 1

BUFFER ZONE 1 AREA IkPACT
Zt-1y 6.135.97 sf
E
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Hug 500 h aJ_ ?il??E??CC? and E31 3500 Regency gencyParkm Parkway May Sheet 11, 13 2 of 17
8745 wo?wt 8tre.t "a 3W Cory, NO Phcww" (9V)4en-= Cary, NC 27511

----------------

r

N\Y' S
z \?\fflm
E: rFcR ..,? 2,&A= MPACT EUFFSR ZU: E 1.<,REA IMPACT
ZZ- .:.5 s,` Z1-3= 15,a----0.92 st
Z7 4Az 1.31213 s' Z i-3A= 12.61.10 st
22-r E3.73 St
Z2-3= 3+51 42 st TOTAL T}t!S SHEE 116,Ea2S2 St
Z2-5= 43-15.* st
ZZ-G = 7B4-&3 st
z2 -^%= iS1Jn15!
TQTA-1 hS 12,=33.13 sf

m

IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
G ry Heritage Pines, LLC
l-" ---I May 11, 2005
J. t?
c r ' ..., =. 500 Regency Parkway
Sheet 14 of 17
Carv NC 27511

D
r

BUFFER ZOFIE 2 AREA IMPACT
Z2-6- 435.35 sf
Z2-7- 405.31 sf
TOTAL DDS SHEET: 840.66 s(
.,.,t..

BUFFER ZONE I AREA IWACT
Zi-2- 1,914.97 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
H uc;h a J. C?jIl14--k--c--t Ex " 1Cl QS 500 Regency Parkway Sheet 15 of 17
875 Wstwt f#reat t3utte oco cwry, No Ph-v p L910>40Q-"M Cary, NC 27511
.. ..--.. .70 SAN. SEWER ESItT.
-•...? ..,4 -
"u!gh J. Gilieece and AsE
873 Wak%A S'saot "a 360 Cary. NO Photw (OV)400-=

BUFFER ZONE 2 AREA IMPACT
Z2-10= 3.60 sf
Z2-11- 22.46 sf
Z2-l2- 3.749.65 Sf
TOTAL THIS SHEET: 3.775.93 sf

BLF ER ZONE 2 AREA IMPACT
Z2-12A- 447.38 sf
Z2-12B- 409.57 sf
TOTAL THIS SLEET: 856.95 sf
"E.ti h J. Giilc?+e?c+? and Ass
675 W&V*A Street BLA& 300 Cary, NO Ftxmw (M)400-"M ':
BUFFER ZONE 1 AREA IMPACT
Z1-4- 1. 790.67 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 17 of 17 `
Cary, NC 27511