20150961 Ver 1_401 Application_20150915

NO NO ithersRavenel
Our People. Your Success.
1410 Commonwealth Drive, Suite 101
Wilmington, North Carolina 28403
t: 910.256.9277 1 f: 910.256.2584
TO:
NC Division of Water Resources
512 N. Salisbury Street; 91h Floor
Raleigh, NC 27604
WE AR £ SEND. 1 N G Y0LJ ® Attached
❑ Shop Drawings
❑ Copy of Letter
❑ Prints
�R� M 9/15/15 I `' 02140412.00
a'a
e Ms. Karen Higgins
gg
Oaks at Turner Creek -Cary, Wake County
NWP 29 PCN Submittal
❑ Under separate cover via
❑ Plans ❑ Samples
❑ Change order ❑ Diskette ❑
the following
items:
❑ Specifications
-i;s .. > .
4
9/10/15
02140412.00
NWP 29 PCN
1
9/15/15
02140412.00
CD of PCN
1
9/15/15
02140412.00
Check for $240 Application Fee
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
Ilo)LEc�C�r gj
SEP 1 6 2015
IDEIVR- ;tyA1'EFckESGUri�r'
401 R g- "� E� rtHMITTING e
COPY° TO.— File ST G7 NED". Troy Beasley
i1 `= ncl0 sut e s a =t nC" ;, nC;7 -0, k 04p IiV r C. E i f V _" 5 a; d,B'E_ _'

-40- WithersRavenel
1 / Our People. Your Success.
September 10, 2015
US Army Corps of Engineers
Raleigh Regulatory Field Office
Mr. David Shaeffer
3331 Heritage Trade Drive
NC- Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Suite 105 Raleigh, North Carolina 27699
Wake Forest, NC 27587
Re: Oaks at Turner Creek Subdivision - NWP 29 PCN Submittal
W &R Project #02140412.00
Dear Mr. Shaeffer and Ms. Higgins,
On behalf of M/I Homes of Raleigh, LLC, we are requesting authorization from the USACE to use
NWP 29 for 0.1323 acres of permanent wetland impacts for construction of the proposed
residential subdivision. We are also requesting a 401 WQCfrom NCDWRforthe above referenced
impacts.
The project is ±20 acres in size and is located in the northwest quadrant of the intersection of NC
55 Hwy and Turner Creek Road in Cary, Wake County (Latitude: 35.7759 °N; Longitude: -
78.8745 °W). The project is located in the Cape Fear River basin and onsite waters drain to White
Oak Creek. The Water Quality Classification for White Oak Creek is WS -V; NSW and the Stream
Index Number is: 16- 41- 6- (0.3). The cataloging unit for the site is 03030002.
ProDosed Proiect
The purpose of the proposed project is to construct a residential subdivision to meet the demand
for single family housing in Cary. The proposed project consists of the construction of a 45 lot
subdivision, roads, utilities and stormwater management.
Proiect History
Onsite wetlands were preliminarily approved by David Shaeffer and Craig Brown with the Corps of
Engineers on 08/29/14. We are requesting issuance of a preliminary JD for the onsite wetlands in
conjunction with issuance of the NWP 29. A Preliminary JD request packet has been provided as
an Appendix.
W &R conducted a pre - application review with NCDWR and the Corps of Engineers through email
correspondence, which has been provided as an Appendix.
1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C -0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

Oaks at Turner Creek NWP 29 PCN
09/10/15
Proposed Impacts
10 WithersRavenel
Our People. Your Success.
The proposed impacts consist of 0.1323 acres of permanent wetland impacts associated with
construction of roads and lots. The construction of roads will result in 0.0658 acres of permanent
wetland impacts, and the construction of lots will result in 0.0665 acres of permanent wetland
impacts.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
The general shape of the property, along with the location of the wetlands within the drained pond
result in some major challenges to site design. The original site design proposed 48 lots (see
attached), which would have impacted of almost the entire wetland within the drained pond. With
the original design, the wetlands remaining in the post development condition would be two small
pockets, located within the setback for Hwy 55, with the downstream hydrologic connection being
maintained through a drainage pipe. Realistically, these two small wetland pockets would have
been secondarily impacted due to their small size and severance from a contiguous wetland system.
The proposed site plan has minimized wetland impacts to less than 0.20 acres of total permanent
wetland impacts. This was achieved through the loss of three lots, as the current site plan only
proposes 45 lots. The proposed site plan represents the minimum number of lots required for a
feasible project. Due to site construction costs, as well as offsite improvements to NC 55 Hwy, any
additional loss of lots to further minimize would render the project unfeasible.
It should be noted that the proposed wetland impacts will occur to low quality wetlands which have
formed in the bottom of drained pond, and are not natural wetlands.
Mitigation
Wetland Mitigation
The applicant proposes to mitigate for the 0.1323 acres of permanent wetland impacts through the
purchase of offsite mitigation credits. The applicant proposes to provide 0.25 acres of riparian
wetland mitigation for the proposed 0.1323 acres of wetland impacts.
W &R contacted mitigation banks within the Cape Fear 0303002 basin, and none had the needed
mitigation available. Therefore, the applicant will provide the 0.14 acres of riparian wetland
mitigation through the purchase of credits from DMS. A copy of the Letter of Acceptance from DMS
has been provided as an Appendix.
Page 2 of 3

Oaks at Turner Creek NWP 29 PCN
09/10/15
Stormwater Mana .Qement Plan
10 WithersRavenel
Our People. Your Success.
The stormwater management plan consists of a wet detention pond designed for 90% TSS removal.
In order to meet diffuse flow requirements, the stormwater pond will outfall through a level
spreader on the north end of the pond. The stormwater management plan and diffuse flow
requirements will be reviewed and approved by the Town of Cary as the certified local government.
The current request is for 0.1323 acres of permanent wetland impacts (see the attached maps
and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Property Owner Info
• USGS Quad
• Wake County Soil Survey
• Original Site Plan
• Email Correspondence with NCDWR and the Corps of Engineers.
• DMS Letter of Acceptance
• Preliminary JD Request
• NCNHP Project Review Letter
• Impact Exhibits
Page 3 of 3

O�O�_ W ATF9QG
Elm
1. Processing
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
❑ No
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No ❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ® Yes ❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ❑ No
below.
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes
2.
Project Information
2a.
Name of project:
Oaks at Turner Creek
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
See property owner info in Appendices
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
❑ No
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Contract Purchaser
4b.
Name:
Jeremy Medlin
4c.
Business name
M/I Homes of Raleigh, LLC
(if applicable):
4d.
Street address:
1511 Sunday Drive; Suite 100
4e.
City, state, zip:
Raleigh, NC 27607
4f.
Telephone no.:
919 - 291 -3819
4g.
Fax no.:
4h.
Email address:
jmedlin @mihomes.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
Withers and Ravenel
(if applicable):
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1c. Property size:
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
PIN 0733772367 & 0733763757
Latitude: 35.7759 °N Longitude: - 78.8745 °W
(DD.DDDDDD) (- DD.DDDDDD)
±19 acres
White Oak Creek (Stream Index: 16- 41- 6 -(0.3)
WS -V; NSW
Cape Fear (Jordan) — HUC 03030002
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site currently consists of undeveloped woodlands and a drained pond. The general land use in the vicinity
consists of a mixture of residential and commercial land uses.
3b. List the total estimated acreage of all existing wetlands on the property:
±0.44 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±108 If
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential subdivision to meet the growing demand for housing in
Cary.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of the construction of a 45 lot subdivision, roads, utilities and stormwater management.
Standard commercial construction equipment and techniques will be used to construct the project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? [A Yes [I No El Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary El Final
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: AMEC
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Shaeffer and Craig Brown preliminarily approved the wetland delineation during a field review with AMEC on
8/29/14.
5. Project History
5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non -404, other) (acres)
Temporary (T)
❑ P ❑ T
❑ PER
❑ Corps
If there are perennial or intermittent stream impacts (including
Impact A
Road Fill
Herbaceous
El Yes
® Corps
0.0004
® P ❑ T
3a. 3b. 3c.
(Drained Pond)
® No
® DWQ
3g.
Impact B
Road Fill
Herbaceous
El Yes
® Corps
0.0654
❑ P ❑ T
(Corps - 404, 10
(Drained Pond)
® No
® DWQ
intermittent
Impact C
Lot Fill
Herbaceous
❑ Yes
® Corps
0.0482
® P ❑ T
feet)
(Drained Pond)
® No
® DWQ
❑ P ❑ T
Impact D
Lot Fill
Herbaceous
El Yes
® Corps
0.0065
® P ❑ T
Total stream and tributary impacts
(Drained Pond)
® No
® DWQ
Comments:
Impact E
Lot Fill
Herbaceous
❑ Yes
® Corps
0.0118
® P ❑ T
(Drained Pond)
® No
® DWQ
2g. Total wetland impacts
0.1323
2h. Comments: Proposed wetland impacts will occur to wetlands within a drained pond.
3. Stream Impacts
❑ P ❑ T
❑ PER
❑ Corps
If there are perennial or intermittent stream impacts (including
temporary impacts)
proposed on the site, then complete this
question for all stream sites impacted.
❑ P ❑ T
❑ PER
❑ Corps
3a. 3b. 3c.
3d.
3e.
3f.
3g.
Stream impact Type of impact Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3
❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h.
Total stream and tributary impacts
3i.
Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c.
4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact
Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P FIT
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c.
5d. 5e.
Wetland Impacts (acres)
Stream Impacts (feet) Upland
Pond ID Proposed use or purpose
(acres)
number of pond
Flooded Filled Excavated
Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse F-1 Tar-Pamlico ❑Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g
Buffer impact
number — Reason
Permanent (P) or for
Temporary (T) impact
131 ❑P ❑T
B2 ❑P FIT
6i. Comments:
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
The general shape of the property, along with the location of the wetlands within the drained pond result in some major
challenges to site design. The original site design proposed 48 lots (see attached), which would have impacted of almost the
entire wetland within the drained pond. With the original design, the wetlands remaining in the post development condition
would be two small pockets, located within the setback for Hwy 55, with the downstream hydrologic connection being
maintained through a drainage pipe. Realistically, these two small wetland pockets would have been secondarily impacted
due to their small size and severance from a contiguous wetland system.
The proposed site plan has minimized wetland impacts to less than 0.20 acres of total permanent wetland impacts. This was
achieved through the loss of three lots, as the current site plan only proposes 45 lots. The proposed site plan represents the
minimum number of lots required for a feasible project. Due to site construction costs, as well as offsite improvements to N C
55 Hwy, any additional loss of lots to further minimize would render the project unfeasible.
It should be noted that the proposed wetland impacts will occur to low quality wetlands which have formed in the bottom of
drained pond, and are not natural wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent wetlands and waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply)
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
4f. Non - riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
® Yes ❑ No
❑ DWQ ® Corps
❑ Mitigation bank
® Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type
Quantity
® Yes
linear feet
❑ warm ❑ cool
square feet
0.25 acres
acres
acres
❑cold
4h. Comments: W &R checked with mitigation banks serving the project area, and none had the needed mitigation available.
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8of12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The proposed wet detention BMP has been designed to provide 90%
TSS and will discharge through a level spreader on the north end of the pond. The ❑ Yes ® No
diffuse flow requirements are being reviewed by the Town of Cary as part of the
Stormwater Management Plan review and approval.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 26.44%
2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed stormwater management plan consists of a single wet detention pond, which will meet 90% TSS and
nitrogen removal requirements. The Town of Cary will be reviewing and approving the stormwater management plan as
a certified local government.
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
Town of Cary
® Phase II
® NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
1■ Olin
❑
Coastal counties
❑
HQW
❑
ORW
❑
Session Law 2006 -246
❑
Other:
❑ Yes ❑ No
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is located within a heavily developed area of Cary, and is not anticipated to be a catalyst for future
development which could impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Town of Cary sanitary sewer
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
W &R reviewed the NC Natural Heritage Program database, located at httos:// ncnhde .natureserve.orq /content/mao to
identify if there were any known occurrences of endangered species on or near the proposed project. The review of the
NHP data did not identify any occurrences of endangered species or critical habitat on the subject property or within 1.0
miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any
federally protected species known to occur in Wake County, except for the Northern Long Eared Bat.
Potential habitat for the northern Long -eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used
for roosting during the day. Since the entire project area consists of mature forest over 3" DBH, there is potential northern
long eared bat habitat present. In an email from USFWS dated April 15, 2015, the USFWS has specified that a project
may result in an adverse effect on the NLEB is there will be cutting or destroying of mature forest within 0.25 miles of an
known roosting site, or if the project involves the cutting or destroying of known, occupied roost trees during the pup
season (June 1St — July 31St). The only known active roost tree site is in Currituck County. Therefore, the proposed
project is not located within 0.25 miles of any known roost trees. Furthermore, clearing of mature forest between June 1 st
and July 31 st is not anticipated for construction of the proposed project. Therefore, W &R concludes that the project "may
affect, but is not likely to adversely affect" the northern long -eared bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? 10 Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters classified as EFH in Wake County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W &R reviewed the NC State Historic Preservation Office's online database, located at: htto: / /gis.ncdcr.gov /hi)oweb /, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaDs.com
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Troy Beasley — W &R r
09/10/15
Authorized Agent
Applicant/Agent's Printed Name Applicant /Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION

WITHERS ��- RAVENEL
ENGINEERS I PLANNERS I SURVEYOR5
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, M/I Homes of Raleiah. LLC (Client) does hereby appoint
Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a)
review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands,
streams, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate environmental
permit applications /requests for the Oaks at Turner Creek subvislon (PIN 0733772367 &,
0733763757 located in the northwest quadrant of the intersection of NC 55 Hwv and,
Turner Creek Road.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests /applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone:
Withers & Ravenel. Inc.
115 MacKenan Drive
Carv. NC 27511
Tel. (919)- 469 -3340
Date: 07 /&1 /1 i
Signature of Client:
me - Print) (Title)
signature)
At 101 -Au""i-rA a\ \ S � .5"r-In
Mailing Address
fut trraiA- NL
City State
✓. A. mF LAOd &04.
Zip
2.?40*)
Phone: Ll)n9 2qt - S$I
Email: �_ &`W CA4,a 144w01
115 MacKenan Drive I Cary, NC 27511 tel.: [phone] fax: [phone] www.withersravenel.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road i Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

'Mktg ' MA • 1 \ O I WK

PIN:0733772367
BOOK: 010885; PAGE: 00602
LEON & SHIRLEY HERNDON
6828 TURNER CREEK ROAD
CARY, NC 27519
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PIN:0733763757 If
BOOK: 015255; PAGE: 00071
KATHLEEN HERNDON REVOCABLE TRUST
6824 TURNER CREEK ROAD
CARY, NC 27519
OAKS AT TURNER CREEK
CARY WAKE COUNTY NORTH CAROLINA
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ENGINEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

ORIGINAL SITE PLAN

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WITH CORPS AND DWR

Beasley, Troy
From: Smith, Cherri L <cherri.smith @ncdenr.gov>
Sent: Friday, September 19, 2014 9:47 AM
To: Beasley, Troy; Shaeffer, David L SAW
Cc: Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting
(UNCLASSIFIED)
Troy,
I agree that avoidance and minimization requirements have been met.
Cherri
- - - -- Original Message---- -
From: Beasley, Troy [mailto:TBeasley @withersravenel.com]
Sent: Friday, September 19, 2014 9:35 AM
To: Shaeffer, David L SAW; Smith, Cherri L
Cc: Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting (UNCLASSIFIED)
David,
Thanks for the response.
Cherri - do you have any concerns regarding the 401 WQC, or do you also agree that avoidance and minimization
requirements have been met? If there are no concerns, there isn't a need to have a meeting to discuss.
Troy Beasley
1410 Commonwealth Drive, Unit 101 1 Wilmington, NC 28403
Phone: [phone] Fax: [phone]
Direct: 910.509.6512 Mobile: [phone] tbeasley @withersravenel.com www.withersravenel.com NOTICE OF
CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other
documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or
confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any
disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this
message in error, please advise the sender by reply and delete this electronic message and any attachments.
COPYRIGHT NOTICE: Copyright 2010 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This
electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's
information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic
message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party.
- - - -- Original Message---- -
From: Shaeffer, David L SAW [mailto:David.L.Shaeffer @usace.army.mil]

Sent: Friday, September 19, 2014 6:48 AM
To: Beasley, Troy; Smith, Cherri L
Cc: Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
H i Troy,
I concur with your assessment.
I cannot think of a reason why the newer layout wouldn't quality for a Nationwide Permit 29.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at http : / /regulatory.usacesurvey.com/
- - - -- Original Message---- -
From: Beasley, Troy [ mailto :TBeasley @withersravenel.com]
Sent: Thursday, September 18, 2014 3:34 PM
To: Shaeffer, David L SAW; Smith, Cherri L
Cc: Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: [EXTERNAL] RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting
(UNCLASSIFIED)
David,
M/I Homes is pursuing the purchase of the property for development of a residential subdivision. M/I has a relatively
short due diligence window, so we would like to have the pre - application meeting to review the site plan with both the
Corps and DWR to address any issues that you or Cherri have with the site plan, as well as get a general idea of any
anticipated permitting hurdles prior to the end of the their due - diligence period. After several redesigns to minimize
impacts to the wetlands in the drained pond, M/I has arrived at a site plan that results in the elimination of multiple lots
in order to minimize wetland impacts, and represents the minimum lot count required for the project to be financially
feasible. But in order to get the minimum number of lots, wetland impacts are needed to construct four of the lots.
Obviously, if additional minimization of wetland impacts is required resulting in the elimination of more lots, the project
simply will not work and M/I Homes will not move forward with the project.
The general shape of the property, along with the location of the wetlands in the drained pond create some challenges
to site design. We are waiting on some field topo survey in order to determine the exact impact acreage, but the
permanent wetland impacts will be less than 0.50 acres.

We may be able to avoid a meeting if you can provide feedback via email. I have attached 2 plans. The Turner Creek
Layout (old) is one of the previous designs and the Turner Creek Layout (Proposed) is the currently proposed plan.
Please note the play is conceptual at this point and may change slightly once engineered.
The previous layout had 48 lots and would have resulted in the impact of almost the entire wetland within the drained
pond. There would have been two small areas of wetlands left within the setback from Hwy 55, but these would have
realistically been secondarily impacted due to the small size.
The proposed layout has 46 lots, which represents a loss of 2 lots. This plan represents the minimum number of lots
required for a financially feasible project. Any additional loss of lots to further minimize wetland impacts will essentially
kill the project. Lots 23, 24, 28, 29 & 30 will require wetland impacts. But the impacts will only occur to the western
edge of the wetland. This plan also leave a contiguous wetland intact and will maintain the existing hydrologic regime of
the runoff from Hwy 55 entering the wetland through 2 outfall pipes, and flowing through the wetland and discharging
into the stream through a culvert beneath the proposed subdivision road. This design also keeps the majority of the
wetland intact, and therefore the wetland will continue to provide water quality treatment to the Hwy 55 runoff before
entering the onsite stream.
Based on the avoidance and minimization shown between the previous layout and the proposed site plan, do either you
or Cherri have any concerns or comments, or see any reason that this layout can't be permitted under a NWP 29?
Thanks in advance for your help. Please let me know if you have any questions.
- - - -- Original Message---- -
From: Shaeffer, David L SAW [mailto:David.L.Shaeffer @usace.army.mil]
Sent: Thursday, September 18, 2014 1:41 PM
To: Beasley, Troy; Smith, Cherri L
Cc: Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
H i Troy,
I remember the site. I have the notes from the site visit but I don't believe I ever created a file number.
What necessitates meeting in person?
I am not available next week. I am off on the 29th. I can make some time on October 1st or the 3rd if you want to meet
at our office.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at http : / /regulatory.usacesurvey.com/

- - - -- Original Message---- -
From: Beasley, Troy [maiIto:TBeasley @withersravenel.com]
Sent: Thursday, September 18, 2014 12:54 PM
To: Smith, Cherri L
Cc: Shaeffer, David L SAW; Jeremy Medlin; Christian Sheppard (CSheppard @MIHOMES.com)
Subject: [EXTERNAL] Re: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting
Cherri,
What is your availability the rest of that week?
Sent from my iPhone
On Sep 18, 2014, at 12:42 PM, "Smith, Cherri L" <cherri. smith@ ncdenr. gov< mailto:cherri.smith @ncdenr.gov>> wrote:
Troy,
Sorry but I already have something scheduled for the morning of Sept 29th.
Cherri
From: Beasley, Troy [ mailto :TBeasley @withersravenel.com]
Sent: Thursday, September 18, 2014 12:31 PM
To: Smith, Cherri L; Dave Shaeffer (David. L. Shaeffer@ usace. army .mil<mailto:David.L.Shaeffer @usace.army.mil >)
Cc: Jeremy Medlin; Christian Sheppard ( CSheppard @MIHOMES. com <mailto:CSheppard @MIHOMES.com >)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting
David / Cherri,
Sorry to throw a kink into my previous suggestion, but I just realized that I have a scheduling conflict Friday, September
26th. Would Monday, Sept 29th at 11:00 work?
Troy
From: Smith, Cherri L [ mailto:cherri.smith @ncdenr.gov]
Sent: Thursday, September 18, 2014 12:28 PM
To: Beasley, Troy; Dave Shaeffer (David. L. Shaeffer @usace. army. miI< mai Ito: David. L.Shaeffer @usace.army.miI >)
Cc: Jeremy Medlin; Christian Sheppard ( CSheppard @MIHOMES. com <mailto:CSheppard @MIHOMES.com >)
Subject: RE: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting
H i Troy,
I'm available to meet at the Corps office on Friday, Sept 26 at 10 am.
Cherri
From: Beasley, Troy [ mailto :TBeasley @withersravenel.com]
Sent: Wednesday, September 17, 2014 2:28 PM
To: Dave Shaeffer (David.L. Shaeffer@ usace.army.mil< mailto: David .L.Shaeffer @usace.army.miI >); Smith, Cherri L
Cc: Jeremy Medlin; Christian Sheppard ( CSheppard @MIHOMES. com <mailto:CSheppard @MIHOMES.com >)
Subject: Turner Creek Property - Cary, Wake County - Request for Pre - Application Meeting

Good afternoon David / Cherri,
I would like to schedule a pre - application meeting for the Turner Creek Road Property (PINS 0733763757 &
0733772367), located in the northwestern quadrant of the intersection of NC 55 Hwy and Turner Creek Road in Cary.
My client, M/I Homes, is pursuing the purchase of the property, and the proposed design will require wetland impacts.
Therefore, we would like to schedule a pre - application meeting at your earliest convenience.
The site contains a drained pond in which wetlands formed. The wetland delineation was completed by Dicky Harmon
with AMEC Environment & Infrastructure, and the delineation was verified (with revisions) by David Shaeffer and Craig
Brown on 8/29/14 (see attached). I do not have an AID #, and I'm not sure if a formal JD was issued. The "applicant"
would have been DR Horton, and the property owner would have been Leon Herndon. If you could please check your
database to see what you have in the file, that would be great.
David — I know that your schedule is tight, so we would like to meet at your office as long as Cherri is OK with that as
well. Could both of you please check your schedule and see when you could meet. Just to start the conversation, would
next Friday, Sept 26th at 10:00 work for both of you? If not, please let us know some alternative dates /times.
Thanks for your help.
Troy Beasley
<image001.jpg>
1410 Commonwealth Drive, Unit 1011 Wilmington, NC 28403
Phone: [phone] Fax: [phone]
Direct: 910.509.6512 Mobile: [phone] tbeasley@ withersravenel .com<mailto:tbeasley @withersravenel.com>
www. withersravenel. com <http: / /www.withersravenel.com>
NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other
documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or
confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any
disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this
message in error, please advise the sender by reply and delete this electronic message and any attachments.
COPYRIGHT NOTICE: Copyright 2010 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This
electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's
information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic
message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party.
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE

DMS LETTER OF ACCEPTANCE

4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Division of Mitigation Services Donald R. van der Vaart
Governor Secretary
September 15, 2015
Jeremy Medlin
M/I Homes of Raleigh, LLC
1511 Sunday Drive, Suite 100
Raleigh, NC 27607 Expiration of Acceptance: March 15, 2016
Project: Oaks at Turner Creek County: Wake
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143 - 214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
CU I Stream (feet) Wetlands (acres) I Buffer I Buffer 11
River Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non- Riparian Coastal Marsh I
Impact Cape Fear 03030002 0 I 0 , 0 0.13 0 I 0 1 0 0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
Sincerely,
James. tanfill
Asset Management Supervisor
cc: David Shaeffer, USACE - Raleigh
Troy Beasley, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 - 707 -89761 Internet: www.nceep.net
An Equal Opportunity l Affirmative Action Employer— Made in part from recycled paper

PRELIMINARY JD REQUEST

A TTA CHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
9 * -VA & Fk�
V am" eD eia 10 a*/i W, 20
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
4V siel n k# I& aid 6kithi 6 fC 5 Way A t a F� 4 Wk C�
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County /parish /borough: w& City: 4
Center coordinates of site (lat /long in degree decimal format):
Lat. -B °N; Long. as °W.
Universal Transverse Mercator:
Name of nearest waterbody: wh ck a eo "k :A@b
Identify (estimate) amount of waters in the review area:
Non - wetland waters:
:0 linear feet: 6 width (ft) and /or acres.
Cowardin Class: -i# tm,i
Stream Flov#�ibi
Wetlands: 4D acres.
Cowardin Class: -i#
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non - Tidal:
1

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): N
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
0 Maps, plans, plots or plat submitted by or on behalf of the
applicant /consultant:m/i & FA
❑ Data sheets prepared /submitted by or on behalf of the
app licant /consultant.
Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑✓ U.S. Geological Survey map(s). Cite scale & quad name: 4 & a it A
0 USDA Natural Resources Conservation Service Soil Survey.
Citation: wk cO & * -9
❑ National wetlands inventory map(s). Cite name:
❑ State /Local wetland inventory map(s):
❑ FEMA /FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0 Photographs: 0 Aerial (Name & Date): or
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there "may be "waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
„ 'au.fft.
g1J0
Sign ure and dat f
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Preliminary JD Inventory Table
Estimated Amount
Site Number Latitude Longitude Cowardin Class of Aquatic Resource
in the Review Area
Wetland A
Wetland B
Stream 1
35.7761
35.7765
35.7768
- 78.8737
- 78.8743
- 78.8745
Riparian
Riparian
Riparian
0.42 acres
0.02 acres
±1081f
Class of Aquatic
Source
Non - section 10
wetland
Non - section 10
wetland
Non - section 10
Non - wetland

GRAPHIC SCALE
0 100 200
1 inch = 200 ft.
Intl uh�',
NOTES:
/ 1) WETLAND DELINEATION COMPLETED BY AMEC AND
VERIFIED BY DAVID SHAEFFER WITH THE CORPS OF A R
ENGINEERS ON 8/29/14.
1 1\ MM I '
OAKS AT TURNER CREEK WETLAND LOCATION EXHIBIT WITHERS RAVENEL
ENi1NEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

j ` GRAPHIC SCALE
( o 1000 2000
1 inch = 2000 ft.
_��
j a J r �Irc g 1, 1 M.A�CTUN M ADOWOR
1 \ p C l '�
Zw
I BRO.OKS.
OXCR °F i
_ ST
350 NEMARA DR GPC 9�V�
CON W yqQ NrCKO
CORNERST
ON. DR
U church
TO
7 BRgNAiDR�� $ � p
HIGH HOUSE RD ✓. Q /
40 55 Brooksl one
e
Westparlc wroDiNG�
f I/ Place
350 r f
1. C
300
I1 f Fvoh J 9yc ✓ -� / / /C4�, ti J,
- t\ n • 9� FARZREEK'DR ^ TQ% ` MIN7 HILL OR
L I.TURNER CREEK'RD
A OP ° . i
. M /ABLE L .�
So
RDBfRTS RD
WADE OR �w
WAKEN
URST DR
300 _,� - ! ,_ JHASBROUCK•DR��G \
PAGE RD
5 ° APEX _ D IT � �' 3 ^
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\ 0Q r PISS
%OLD J£NKS
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o 450
J
50 � PIE. - Yt DR .c VALL
OAKS AT TURNER CREEK USGS QUAD - CARY & GREEN LEVEL WITHERS RAVENEL
EMi1NEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

2_
a
1LcR
Z %w
S�
GRAPHIC SCALE
0 150 300
1 inch = 300 ft.
/ . 'M (I / t
LEWE \FD
)o
C% L
OAKS AT TURNER CREEK USGS QUAD - CARY & GREEN LEVEL WITHERS & RAVENEL
ENGINEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

arC
GrC
CrC2
GRAPHIC SCALE
0 150 300
1 inch = 300 ft.
f _
Gr E
t
• � r8
G
Cr y
Ar
r-
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�l
r' CrC2
Gu
OAKS AT TURNER CREEK WAKE CO. SOIL SURVEY -SHEET 55 WITHERS & RAVENEL
ENGINEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

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..919 -851 -4422 FAX [phone]a2012WrarE9ac SHIP. WMFc IM, NC.
I_2012-09jobs112141 WR -TUmar Creek DH HMOn112141LpOWwg112141 WETLAND IMPACi0.1AP.dwg, ]f2d/�1211:50:56 AM, As0.18y Parker
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I

NCNHP PROJECT REVIEW LETTER

DE
North Carolina Department of Environment and Natural Resources
Office of Land and Water Stewardship
Pat Mc Cory
Governor
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
tbeasley @withersravenel.com
RE: Oaks at Turner Creek; 02140412.00
Dear Troy Beasley:
Baran Gee
Dim=
September 9, 2015
Dor -ald R. van der Vaart
Secretary
NCNHDE -693
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources from our database that have been compiled for the project referenced
above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there
are no records for rare species, important natural communities, natural areas, or conservation /managed
areas within the proposed project boundary.
The attached `Potential Occurrences' table summarizes rare species and natural communities that have
been documented within a one -mile radius of the property boundary. The proximity of these records
suggests that these natural heritage elements may potentially be present in the project area if suitable
habitat exists and is included for reference. Please note that although there may be no documentation of
natural heritage elements within the project boundary, it does not imply or confirm their absence; the area
may not have been surveyed. The results of this query should not be substituted for site - specific surveys
where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records. Tables of natural areas and conservation /managed area within a one -mile radius of the
project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning,
project review, and scientific research, and are not intended for use as the primary criteria for regulatory
decisions. Information provided by the NCNHP database may not be published without prior written
notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.
Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), or Federally - listed species are documented near the
project area.
Thank you for your inquiry. If you have questions regarding the information provided in this letter or need
additional assistance, please contact Allison Schwarz Weakley at all ison.weaklev @ncdenr.aov or
919.707.8629.
Sincerely,
NC Natural Heritage Program
Page 1 of 3

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Oaks at Turner Creek
Project No. 02140412.00
September 9, 2015
NCNHDE -693
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EOID
Group
Dragonfly or 32043
Damselfly
Reptile 35531
Scientific Name Common Name Last
Observation
Date
Coryphaeschna ingens Regal Darner 2004 -PRE
Ophisaurus attenuatus Slender Glass Lizard 1979 -09 -13
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Element
Accuracy Federal
State
Global
State
Occurrence
Status
Status
Rank
Rank
Status
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Historical
5 -Very - --
Significantly
G5
S2?
Wake County Open Space Easement
Low
Rare
Historical
5 -Very - --
Significantly
G5
S2
Low
Rare
Managed Area Name
Owner
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space Easement
Wake County: multiple local government
Owner Type
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Definitions and an explanation of status designations and codes can be found at httos: / /ncnhde.natureserve.ora /content /helD. Data query generated on September 9, 2015; source: NCNHP, Q3 July 2015. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE -693: Oaks at Turner Creek
September 9, 2015
Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
Page 3 of 3
1:22,794
0 0.175 0.35 0.7 mi
0 0.3 0.6 1.2 km
Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey,

IMPACT EXHIBITS

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