20021169 Ver 3_More Info Received_20080212

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WITHERS RAVEN EL [LIE"TTEQ ?? TURSEDUUM
ENGINEERS I PLANNERS I SURVEYORS
ill MacKenan Drive I Cary, North Carolina 27511
tel: [phone] fax: [phone]
www.withersravenel.com

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WE ARE SENDING YOU ? Attached ? Under separate cover via
? Shop drawings
? Copy of letter
? Prints
? Change order
following items:
? Samples ? Specifications

DATE, G JOB NO.
ATTENTION /
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RE:

? Plans
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COPIES DATE NO. DESCRIPTION
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WETLANDS AND STORMWATER BRANCH
THESE ARE TRANSMITTED as checked below:
f For approval ? Approved as submitted
6 For your use ? Approved as noted
> As requested ? Returned for corrections
For review and comment ? _
? FOR BIDS DUE
20 ? PRINTS RETURNED AFTER LOAN TO US
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? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
COPY TO
40% Pre-Consumer Content • 10°o Post-Consumer Content SIGNED: '
If enclosures are not as noted, kindly notify us at once.
WITHERS
February 11, 2oo8
US Army Corps of Engineers
Attn: Mr. Jaime Shern
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Highcroft Village Subdivision Phase II
Revised Request for 404/401- Certification
W&R Project Number - 02071033
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604
Dear Mr. Shern & Ms. Karoly,
On behalf of Highcroft Investors, LLC, we are requesting authorization from the USACE and
NC-DWQ to use NWP 29 for the construction of a residential subdivision.
The subject property is located on the north side of Green Hope School Road (SR 1621)
approximately 2000 feet west of the intersection of Green Hope School Road and NC HWY
55• The site is approximately 67.5 acres in size and contains an unnamed tributary to
Panther Creek in the Cape Fear River Basin. The Hydrologic Unit Code for this basin is
030202o1. The Water Quality classification is WS-IV; NSW, and the stream index is 16-41-1-
17-3.
Project History
The wetlands were delineated by Soil & Environmental Consultants prior to site plan
development so that impacts would be minimized to the maximum extent possible. NWP's
12, 18, and 39 (AID: SAW-2oo6-40419-292; NC-DWQ Project #: EXP 02-1169) were issued for
the impacts associated with Phase I. These impacts included 24 linear feet of temporary
stream impact, 0.154 acres of permanent wetland impact, and 147 linear feet of permanent
perennial stream impact. Data Forms in support of the delineation are included with the
attachments.
Proposed Impacts
The proposed impacts for Phase II consist of 118 linear feet of permanent
perennial/important stream, 42 linear feet of temporary perennial/important stream for the
installation of a sanitary sewer line, and 214 square feet of permanent wetland impact
associated with road construction. Impacts are summarized in the PCN form.
Avoidance and Minimization
In order to access and provide sanitary sewer to approximately half the site, impacts
to wetlands and stream are required. Stream impacts were minimized by crossing at
nearly a perpendicular angle and through the use of steeper fill slopes at the
crossing.
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111 MacKenan Drive i Cary, NC z 11 1 let: 19-469 S°?D?
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ENGINEERS ! PLANNERS I SURVEYORS
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: [phone]
Stormwater Management Plan
The proposed impervious surface for this project is expected to be approximately
42.77% following build-out. During construction the applicant will utilize BMP
devices to prevent sediment from entering jurisdictional stream channels or
wetlands. The applicant will treat stormwater using constructed wetlands and/or
level spreaders. The stormwater plans are in their second review with the Town of
Cary. The approval letter and plans will be forwarded to your office under separate
cover.
Mitigation
Because the stream impacts for the entire project exceed 150 linear feet (Phase I
+Phase II), the applicant proposes payment to NC-EEP to mitigate for 265 linear feet
at a ratio of 2:1. At this time, mitigation is not available in this cataloguing unit,
however; mitigation is available in the adjacent unit. Based on correspondence with
the USACE on February 8, 2oo8, the USACE will accept the adjacent mitigation
credits. A copy of the EEP acceptance letter is attached.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
Luke Tuschak
Environmental Scientist
Attachments
i) PCN Form
2) Site plans
3) Agent Authorization
y) USGS Quad
5) Wake County Soil Map
6) Data Forms and JD Forms
7) EEP Acceptance Letter
A9 -/167 v3
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ?
Applicant Information
1. Owner/Applicant Information
Name:_
Mailing
P.O. Box 3557
Cary, NC 27519
Telephone Number: (919)-463-9940 Fax Number: (919)-463-9983
E-mail Address: [e-mail]
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: Luke Tuschak
Company Affiliation: Withers & Ravenel
Mailing Address: 111 Mackean Drive
Cary. NC 27511
Telephone Number: (919)-369-3340 Fax Number: (919)-238-2099
E-mail Address: Ltuschak(-,withersravenel.com
2008
FF8 12
LLC sue . WPJER q?.lrjlr,R
Page 1 of 8
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: Highcroft Village Subdivision Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0734-68-1762
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Highcroft Village
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
US 64 and NC HWY 55 go north approximately 3.8 miles and turn left on Green Hope
School Rd (SR 1621 Go approximately 2000 ft and the site will be located on the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8052042 ON 78.8781434 °W
6. Property size (acres): 67.5 acres
7. Name of nearest receiving body of water: Panther Creek
8. River Basin: Cape Fear River Basin
(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 current land use in the
Page 2 of 8
vicini is primary residential with commercial near the intersection of NC HWY 55 and
Green Hope School Rd.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of residential subdivision. Typical heavy
equipment associated with grading and construction will be utilized to install the
infrastructure (i.e. roads and utilities).
11. Explain the purpose of the proposed work: The purpose of this project is to meet the
growing demand for residential housing in the area.
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. The wetlands were delineated by Soil & Environmental Consultants
prior to site plan development so that impacts would be minimized to the maximum extent.
NWP's 12, 18, and 39 (AID: SAW-2006-40419-292; NC-DWO Project #: EXP 02-1169) were
issued for the impacts associated with Phase I. Impacts approved included 24 linear feet of
temporary stream impact, 0.154 acres of permanent wetland impact, and 147 linear feet of
perennial stream impact.
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.
One additional phase (III is anticipated but will not impact waters of the U.S. or State. There is;
however, a proposed Town of Cary Thoroughfare that will enter the site and is currently being
designed and permitted by a different en ineerin consulting firm for the Town of CM. No
additional impacts are proposed at this time.
VI. 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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
Page 3 of 8
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 118 linear feet of permanent perennial/important stream for the road crossing, 42 linear
feet of temporary perennial/important stream for the installation of a sewer line, and 214
square feet of permanent wetland impact associated with road construction.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and flood' g.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no (linear feet
Road - NWP29 Permanent/Fill Forested NO -75 0.005
Total Wetland Impact (acres) 0.005
3. List the total acreage (estimated) of all existing wetlands on the property: < 1 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact linear feet) acres
Utility Line UT to Panther Crk Temporary Perennial 4 42 0.003
Road - NWP29 UT to Panther Crk Permanent/Culvert Perennial 4 118 0.013
Total Stream Impact (by length and acreage) 160 0.016
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the Droiect:
Stream Impact (acres): 0.016
Wetland Impact (acres): 0.005
Open Water Impact (acres): NA
Page 4 of 8
Total Impact to Waters of the U.S. (acres) 0.021
Total Stream Impact (linear feet): 160
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. 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
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be 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. In order to access and provide
sanitary sewer to approximately _half of the site, impacts to wetlands and stream are unavoidable.
Stream impacts were minimized by crossing at nearly a perpendicular angle and through the use
of 2:1 fill slopes instead of 3:1.
VIII. 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 January 15, 2002, 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
Page 5 of 8
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or 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 NCEEP 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 the stream impacts for the entire project exceed 150 linear feet (Phase I +Phase II),
the applicant proposes payment to NC-EEP to mitigate for 265 linear feet of stream impact at
a ratio of 2:1. At this time mitigation is not available in this cataloguing unit, however;
mitigation is available in the adjacent unit. Based on correspondence with the USACE on
February 8 2008, the USACE will accept the adjacent mitigation credits. A copy of the EEP
acceptance letter is attached.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 265 Linear Feet
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
Page 6 of 8
2. 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
3. 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 ?
X. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", 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.
Impact Required
Zone* ,..,......e a e.? Multiplier
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Page 7 of 8
The proposed impervious surface for this project is expected to be approximately 42.77%
following build-out During construction the applicant will utilize BMP devices to prevent
sediment from entering jurisdictional stream channels or wetlands. The applicant will treat
stormwater using constructed wetlands and/or level spreaders The stormwater plans are in their
second review with the Town of Cary. The approval letter and plans will be forwarded to your
office under separate cover.
XII. 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.
Sanitary Sewer
XIII. 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 an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://i12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We do not believe that this protect will result in additional developmental that will impact water
quality. Moreover, if any additional development occurs within the vicinity of this site, the
gpplicant will be required to comply with the Phase II rezulations as well as the Town of Carv
stormwater requirements
XV. 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).

-/,Z-a
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
SITE DATA
TOTAL PHASE 2 SITE AREA 34.58 ACRES
IMPERVIOUS SURFACE
STREETS & SIDEWALK
LOTS (4000 SF/LOT)
TOTAL IMPERVIOUS AREA 14.79 ACRES
4.32 ACRES
10.47 ACRES
14.79 ACRES
IMPERVIOUS% 42.77%
WAKE COUNTY
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PERMANENT PERMANENT TEMPORARY PERMANENT PERMANENT
PERENNIAL INTERMITTEN PERENNIAL WETLANDS ISOLATED
AREA STREAM STREAM STREAM IMPACT WETLANDS
IMPACT IMPACT IMPACT
(SF) IMPACT
(LF) (LF) (LF) (SF)
A 118 14
42 1
TOTAL 118 42 214
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GRAPHIC SCALE
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1 inch = 200 ft.
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11/19/07 HIGHCROFT VILLAGE
PHASE TWO OVERALL SITE PLAN WITHERS &c RAVENEL

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PERMANENT WETLAND IMPACT
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PERMANENT STREAM IMPACT AREA
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585 SF. = 0.013 AC
HIGHCROFT VILLAGE
PHASE TWO
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IMPACT "A"
WITHERS &- RAVENEL
ENGINEERS I PLANNERS ISURVEYORS
TEMPORARY STREAM IMPACT AREA
42 LF
234 SF. = 0.005 AC
GRAPHIC SCALE
40 0 20 40 80
I inch = 40 ft.
HIG C OE TWO AGE III IMPACT "B•• III WITENGINEERS I HERS PLAN NE RAVENEL 11
ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorization Form
Project Name:
Property Owner/Contract Purchaser: 1?c t(oL
Address: Uox ??s

Phone: 1 ??? - ?? 3 - ggyU
Fax:
Email:
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I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: @-&N" -&N" Py4re.Date:
(Print Name)
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(Signature)
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FIGURE 1: USGS Drawn By: Scale: Figure No.:
WITHERS 0-?- RAY E N E L TOPOGRAPHIC QUADRANGLE LT 1 2000' 1
ENGINEERS I PLANNERS ! SURVEYORS
Highcroft Wllage
111 MacKenan Drive Cary, North Carolina 27511
Wake County, North Carolina Approved By: Date: Job Number:
te1:919-469-3340 fax: [phone] TP 12-19-07 02071033
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111 MacKenan Drive Cary, North Carolina 27511 Highcroft Village
Wake County, North Carolina Approved By. Date: Job Number:
tel. [phone] fax: [phone] TP 12-19-07 02071033
www. witnersravenel. corn
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Wake City: Cary
Center coordinates of site (]at/long in degree decimal format): Lat. 35.8052042° N, Long. 78.8781434° W.
Universal Transverse Mercator:
Name of nearest waterbody: Panther Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Jordan Lake
Name of watershed or Hydrologic Unit Code (HUC): 03030004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
z Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ??ppear to bgtio "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review area. [Required]
rl Waters subject to the ebb and flow of the tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There o T,., waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 200 linear feet: 3-5width (ft) and/or acres.
Wetlands: < 0.1 acres.
c. Limits (boundaries) of jurisdiction based on: OWN lkehiim? I
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
i For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW: NA.
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": NA.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapaooshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary , that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section II1.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:
Drainage area:
Average annual rainfall inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pijk List tributaries before entering TNW.
Project waters arc Pick List river miles from TNW.
Identify flow route to TNW5:
Tributary stream order, if known:
Project waters arc Pick' ist river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or sere c as state boundaries. Explain:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry PRO %
Tributary gradient (approximate average slope): %
(c) Flow:
provides for. e s
Tributary P . ??Iist
Estimate average number of flow events in review area/year: Ptek? [fist
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: iak1(`}St. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: d
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ne lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: PickLisi. Explain:
Surface flow is:ckt
Characteristics:
Subsurface flow: ckYLs. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Fick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysts ?'q.is4
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: tributary had water in channel during severe drought.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 200 linear feet 3-5 width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
ED Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
A: Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: wetlands tie to the channel.
E] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
El Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED (INTERSTATE OR INTRA-STATE1 WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding Clf'A Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Q Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
i Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
Lakes/ponds-wetland
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
2] Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
r_1 Office concurs with data sheets/delineation report.
F1 Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Ali Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
F-1 USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Lakewheeler Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation: .
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)
Photographs: El Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination (s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
E Other information (please specify):
judgment (check all that apply):
Non fivers, streams): linear feet width (ft).
-wetland waters (i.e., r
acres.
B. ADDITIONAL COMMENTS TO SUPPORT JD: This form is for a perennial stream and abutting wetlands that the attached permit
will impact.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project # -02071033.00 Date: 1-3-2007
Applicant l Owner. Impact Properties Group County: Wake
State: NC
Investigator. Withers & Ravenel Inc.
Do normal circumstances exist on the site? Yes E No II
Is the site significantly disturbed (Atypical situation)? Yes ? No E Community ID: Hardwood
Is the area a potential problem area? Yes 0 No Transect ID: 5' outside wl
(explain on reverse if needed)
PIotID: Bottomland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9.
2. Fagus grandifolia Tree FACU 10.
3. Lizustrum sinense Tree FAC 11.
4. Carya alba Tree NI 12.
5. Pinus taeda Tree FAC 13.
6. Juniperus virginiana Tree FACU- 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 50%
Remarks:
Hydrophytic Vegetation Present.
HYDROLOGY
? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
II Stream, Lake, or Tide Gauge
II Aerial Photographs Primary Indicators:
Other R Inundated
Saturated in Upper 12"
No Recorded Data Available II Water Marks
Drift Lines
Field Observations: II Sediment Deposits
II Drainage Patterns in Wetlands
Depth of Surface Water. NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) II Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) R Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Absent.
SOILS
Map Unit Name
(Series and Phase): WsE White Store sandy loam 10-20% Drainage Class: Moderately Well Drained
Taxonomy (Subgroup): Vertic Hapludults Confirm Mapped Type? Yes[] No[]
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-12 10YR 6/6 Sandy Loam
Hydric Soil Indicators:
II Histosol II Concretions
II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils
II Sultidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
II Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes II No II
Wetland Hydrology Present? Yes[] No E
Hydric Soils Present? Yes II No E
Is the Sampling Point
Within a Wetland? Yes[] NoO
Remarks:
DA TA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project # -02040191.00/ Highcroft Village Date: 1-3-2007
Applicant /Owner: Impact Properties Group County. Wake
State: NC
Investigator. Withers & Ravenel Inc.
Do normal circumstances exist on the site? Yes 0 No ?
Is the site significantly disturbed (Atypical situation)? Yes II No Community ID: Wetland
Is the area a potential problem area? Yes II No ?(

(explain on reverse if needed) Transect ID: fl?214
Plot/D: Bottomland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9. Vitis rotundifolia Vine FAC
2. Fagus grandifolia Tree FACU 10. Smilax Qlauca Vine FAC
3. Likustrum sinense Tree FAC 11.
4. Carya alba Tree NI 12.
5. 13. - -
6. Viburnum nudum Shrub FACW+ 14.
7. Impatiens capensis Shrub FACW 15.
8. 16. -
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 85%
Remarks:
Hydrophytic Vegetation Present.
HYDROLOGY
L1 Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
R Stream, Lake, or Tide Gauge
II Aerial Photographs Primary Indicators:
II Other R Inundated
Saturated in Upper 12"
No Recorded Data Available II Water Marks
Drift Lines
Field Observations: Sediment Deposits
II Drainage Patterns in Wetlands
Depth of Surface Water. NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil. >12 (in.) [1 Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Present.
SOILS
Map Unit Name
(Series and Phase): Wy Worsham Sandy Loam Drainage Class: Poorly Drained
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? Yesa Noo
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-5 B 10YR 5/2 l OYR 4/6 Sandy Loam
5-12 C IOYR 6/1 1OYR 4/6 Sandy Loam
Hydric Soil Indicators:
II Histoso/ II Concretions
II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils
II Su/fidic Odor Organic Streaking in Sandy Soils
II Aquic Moisture Regime Listed On Local Hydric Soils List
II Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Present
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No Is the Sampling Point
Wetland Hydrology Present? Yes No ? Within a Wetland? YesM No[]
Hydric Soils Present? Yes No ?
Remarks:
r
Ecosystem
y
PROGRAM
January 24, 2008
Glen Futrell
Highcroft Investors, LLC
PO Box 3557
Cary, NC 27519 Expiration of Acceptance: July 24, 2008
Project: Highcroft Village County: WAKE
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
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 NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www,nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
CAPE FEAR
03030003 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 0 265 0 0 0 0 0
Credits 0 0 530 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William . Gilmore; PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Sherri, USACE-Raleigh
Todd Preuninger, agent
File
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N DEENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net