20040108 Ver 1_More Info Received_20040527

Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Cazolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
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May 28, 2004
S&EC Project #7472.W0
DWQ #04-0108
Action ID #200320638
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney / Ms. Debbie Edwards Attn: Ms. Jennifer Burdette
2321 Crabtree Blvd 6508 Falls of the Neuse Road
Parkview Building Suite 120
Raleigh, NC 27604 Raleigh, NC 27615
RE: Response to DWQ's Request for more information and Revised Request for
Nationwide Permit 39, 401 Water Quality Certification, and Buffer Compliance for
the proposed Miramonte Subdivision
Dear Mr. Dorney / Ms. Edwards and Ms. Burdette:
This letter is in response to the DWQ letter dated February 24, 2004 (copy attached),
which requested additional information for the proposed Miramonte Subdivision. The
following restates your questions as listed in your letter and then provides our response.
1. Stormwater Management -This will need to be revised to be constructed
wetlands, pocket wetlands or wet ponds followed by level spreaders. Any designs
must meet DWQ s design standards in our stormwater manual.
Stormwater devices have been removed from the~unsdlctlonal areas as well as from ~~~
the buffers. Because the impervious surface area for the site is 25%, which is less f7
than 30%, a DWQ approved stormwater plan is not required. The stormwater devices 8~~
shown are required by the Town of Apex.
2. All sedimentation and erosion control measures will need to be relocated outside
jurisdictional waters.
The revised site plan has removed the stormwater device from the jurisdictional
waters. Instead of one stormwater pond above the proposed road crossing there are
now two stormwater devices proposed on either side of the jurisdictional drainage.
3. Straywhite Avenue will need to be relocated to avoid or minimize stream and
buffer impact. Your proposed crossing at the stream origin can be relocated
above or below the stream origin as shown on the attached sketch plan. Also
your intersection of Straywhite Avenue and Alpharetta Trail is located in the
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 274SS Taylorsville, NC 28681
Phone- !7(141720-9405 Phone: [phone] Phone [phone]

May 28, 2004
S&EC Project #7472.W0
Page 2 of 2
stream buffer and will therefore need to be relocated, these alternative designs
would also require a redesign of the lot layout in some locations. Finally, these
alternative designs would likely result in reduced or eliminated need for
compensatory mitigation. Please examine these designs and then modem your
application accordingly.
The attached revision shows a realigned Straywhite Avenue that impacts less of the
perennial /important channel length. The road cannot be shifted further "upstream"
because it will be too close to the property line and would potentially back up
stormwater onto the adjacent property. Alpheretta Trail has been cul-de-saced and no
longer intersects with Straywhite within the buffer.
4. Discharge from any stormwater device will need to be located so as not to result
in stream lengths which are dewatered.
Discharge from stormwater devices have been positioned so as not to result in the
dewatering or bypassing of any stream lengths.
The redesigned proposed impacts consist of 541inear feet of perennial channel, 57 feet of
intermittent channel, and 0.017 acres of wetland impact resulting from the proposed
construction of the residential subdivision. Impacts are due primarily to the main
thoroughfare road, Straywhite Avenue, which is on the Town of Apex's thoroughfare
plan.
Because the proposed impacts to the perennial /important streams are less than 1501inear
feet and buffer impacts are less than 1/3 acre, no mitigation should be required by the
NC-DWQ. Because wetland and stream impacts have been avoided and minimized to the
maximum extent practicable S&EC does not believe that mitigation should be required
by the USACE. If stream mitigation should be required the NC-EEP has agreed to accept
payment to cover up to 304 linear feet of mitigation.
Please call or email me at SClark(a,SandEC.com if you have any questions or require any
further explanation.
Sincerely,
C% `'
Sean Clark
Environmental Scientist
Attachments:
Revised Pre-construction (PCl~ notification form
Proposed Wetland Impact Maps (1 large sheet and 1 on 11 x 17}
Inset maps (2 sheets)
Copy of DWQ letter
Impervious surface calculations (4 pages)

Office Use Only: Form Version May 2002
USAGE Action ID No. DWQ No.
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Stone Hedge Carolinas
Mailing Address: Attn: Paul Murphy
4000 Westchase Blvd. #500
Raleigh NC 27607
Telephone Number: 919-839-5900
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ride Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number:~919)846-9467
E-mail Address: Sclark(c~SandEC.com
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Miramonte Subdivision __
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 07500116447
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): Straywhite Avenue
Directions to site (include road numbers, landmarks, etc.): The property is located on the
east side of NC Hiahway 55 approximately ahalf--mile north of its intersection with Sunset
Lake Road.
5. Site coordinates, if available (UTM or LatJLong): 35°41'27.48" N / 78°49'54.50" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): +/- 80 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Middle Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently wooded. The property to the south is
under construction and will be residential. Land use in the vicinity of the project is primarily
residential or wooded.
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of a residential community and its associated utilities (roads, sewer, etch
the construction of a public secondary road that will connect NC Hi way 55 with Reunion
Creek Parkway (currently under construction . Heaves equipment associated with land
clearing and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the project is to provide
additional housing for the area. Straywhite Avenue is part of the Town of Apex
Thoroughfare Plan and will serve as an alternate route from the intersection of Hwy 55 and
Reunion Creek Parkway.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC completed a detailed wetland delineation and Neuse River Buffer evaluation on the
property that the proposed road will transect on November 25 2002. Ms Andrea Wade of the
USACE issued a notification of jurisdictional determination on June 2, 2003 (AID 200320638).
Ms. Deborah Edwards of the NC-DWQ made a site visit and confirmed the buffers on November
20 2002 (NRRRO 03-035). Mr. Dave Penrose of the NC-DWQ also visited the site to make a
perennial stream determination on February 10 2003. Mr. Penrose determined that the stream
becomes perennial at point 15 feet downstream of the point in which it becomes buffered. Ms
Jennifer Burdette of the USACE met onsite and determined that the stream becomes important at
a point +/- 60 feet downstream of the~oint in which the feature becomes buffered.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
A greenway trail has been proposed to go through the property on the north side of Middle
Creek however a~ecific corridor has not yet been approved and will be based on the existence
of wetlands and streams in the area.
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 3 of 9

and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts consist of 54
linear feet of perennial channel, 57 feet of intermittent channel, and 0.017 acres of wetland
impact resulting from the proposed construction of the residential subdivision. Impacts are
due primarily to the main thoroughfare road, Straywhite Avenue, which is on the Town of
Apex's thoroughfare plan.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
Impact # 1 Pemrnanendfill 0.003 no +/- 150' Headwater seep
Impact # 2 Excavation/flooding 0.0145 no 0 Headwater seep
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 0.5 acre
(area east of Middle Creek not evaluated)
Total area of wetland impact proposed: 0.017 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Impact # 2 Culvert/riprap 57 UT to Middle Creek 2-3' Intermittent
Impact #2 Culvert/riprap 54 UT to Middle Creek 2-3' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQS.QOV. .Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 4 of 9

Cumulative impacts (linear distance in feet) to all streams on site: 111 linear feet (57 LF bf
intermittent stream channel and 54 LF of perennial stream channel)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
Site Number *
Type of Impact Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The primary function of Straywhite Avenue is to connect NC Highway 55 with the future
Reunion Creek Parkway. A detailed delineation was conducted on the property in an effort to
avoid impacts to the maximum extent practicable. Given the two fixed points of intersection,
variations of potential road alignments were limited. A lame wetland exists downstream of the
proposed crossing thereby making it less of a feasible option to shift the road in this vicinity.
The pro~ert~to the south of the proposed thoroughfare road is currently developed so that a road
cannot be extended through to the south of the proposed corridor. Straywhite has been realigned
and the detention basin taken offline so as to decrease the impacts to the perennial stream
channel buffers and wetlands. The floodplain of Middle Creek has been avoided, as has the
lower portion of the tributary to Middle Creek.
Page 5 of 9

VII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
andlor upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because everv effort has been taken to avoid impacting the perennial stream S&EC does not
believe that stream mitigation should be required. Impacts to the perennial stream have been
reduced from 245 LF to the 54 LF proposed in this submittal. This distance is less than 150
LF so DWO should not require stream mitigation.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wr~p/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 6 of 9

Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ^ If you answered "yes", provide the following information:
Page 7 of 9

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Straywhite Avenue Crossing
Zone* Impact
(square feet) Multiplier Required
Miti ation
1 8571 3 NA
2 5801 1.5 NA
Total 14,372 NA
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Because buffer impacts are less than 1/3 acre the proposed crossing is considered an "allowable"
activity and therefore does not require buffer mitigation. For this reason no buffer mitigation is
proposed.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Stormwater ponds have been placed throughout the proposed site plan (see impact man) as
required by the Town of Apex. The impervious surface area is 25% (i.e. less than 30%)
therefore a stormwater plan is not being_provided. Please see the attached calculations.
XI. Sewage Disposal (required by DWQ)
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.
The protect will tie into existing_sanitary sewer lines from the Town of Apex.
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500} or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
Page 8 of 9

XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
e~
28.2004
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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