20040165 Ver 2_Individual_20050422

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Soil & Environmental Consultants, PA
A11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
'lease note that this was previously submitted as a Nationwide Permit Application,
however because of past impacts exceed 0.5 acres, the USACE has requested that
the proposed impacts be applied for through an Individual Permit application.
s
US Army Corps of Engineers
Attn: Ms. Andrea Wade
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
April 22, 2005
S&EC Project #:3651.WI
NCDENR-DWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
9W r= '?? ?L
RE: Individual Permit (404), 401 Water Quality Certification, and Neus
Compliance
USACE AID#: 200420702 DWQ#:04-0165 APP 2 2 ?00.5
Ballentine Subdivision, Phases 5, 6 & 7 DENR - WATER uuwa?`y
Fuquay-Varina, Wake County, North Carolina %V WDSMosrORMWATERUr :n
Dear Ms. Wade and Ms. Karoly:
On behalf of Ballentine Farms, LLC (current property owner), we hereby request 404
approval from the Army Corps of Engineers. We also request, from the NC-Division of
Water Quality, 401 water quality certification and written concurrence that the project
complies with the Neuse River Riparian Buffer Rule. An Individual Permit Application
Form is attached, which includes an agent authorization form. We have also included a
PCN form to provide additional information for review.
Site Location
The site, consisting of phases 5-7 is ± 54 acres in size and is part of a larger, multi-phase
development that will total approximately 200 acres in size. The site is located east of
Sunset Lake Road (SR 1301) and north of Terrible Creek in Fuquay-Varina, Wake
County. Please refer to the attached map (Figure 1) for the project's location on a USGS
topographic quadrangle.
Project History
S&EC completed a detailed wetland delineation and Neuse Buffer Evaluation in 1999.
On February 8, 1999, Mr. Todd Tugwell with the USACE issued a Notification of
Jurisdictional Determination (AID 199920461). On January 25, 1999, Mr. Steve
Mitchell with the NC-DWQ visited the site to determine to starting point of riparian
Charlotte Office:
236 LePhillip Court, SL1itC C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
April 22, 2005
S&EC Project #365 LW 1
Page 2 of 3
buffers (NBRRO 00-047). A copy of the Jurisdictional Determination and the Neuse
Buffer letter are attached. Please note that because the delineation maps were expired,
additional site meetings with the USACE were conducted by the USACE on June 15,
2004 and October 7, 2004, to confirm the wetland delineation. Nationwide pen-nits 12
and 26 were previously issued for the entire 200 acre multi-phase development in 1999
(AID 199920461/199920885). However, the perennial channel impacts never
occurred since two of the proposed road crossings (areas 2 & 10) were not
constructed (see attached copy of previously permitted areas and original channel
impacts). The plans have been revised to avoid one crossing entirely and reduce impacts
at the other crossing. Based on the previous application, and the fact that no
important/significant channel impacts have occurred, we believe the revised plans will
still fall below the thresholds that require mitigation.
Impacts
The purpose of this project is to construct a residential subdivision that will meet the
demand for housing in this area. An unnamed tributary to Terrible Creek separates the
central and northeastern portions of the property from one another, making it necessary to
construct a road crossing over the channel. This crossing will be an extension of the
existing Trefoil Lane, which currently stubs south of the perennial channel. In order to
minimize impacts, headwalls will be installed on either side of the proposed roadway.
The applicant will employ appropriate erosion and siltation controls during construction.
This project will comply with the general and regional conditions of NWP 39. No
wetlands will be impacted by the proposed road crossing. Proposed impacts resulting
from the road crossing will total 139 linear feet of perennial channel, 0.175 acre of
jurisdictional wetlands, 10,473 square feet to Zone 1 and 3,914 square feet to Zone 2 of
the Neuse Buffers. A 6' wide mulched path is also proposed along the southern side of
the previously mentioned perennial channel, segments of which will be located in Zone 2
of the buffers. Because no vegetation will be removed, we believe the path is exempt
from the buffer rules, however we are providing DWQ with this information as a
courtesy and for review.
Mitigation
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) or if a discharge causes the loss of any
open waters. In an attempt to minimize impacts, the applicant proposes the use of
headwalls and will cross the channel perpendicularly. Typically, impacts of less than
150 linear feet of important channel do not require mitigation; however, because the total
impacts exceed 0.5 acres, the applicant proposes payment to the NC-EEP to satisfy
mitigation requirements. A copy of our request to EEP is included with the application.
The NC-DWQ requires riparian buffer mitigation for stream crossings resulting in greater
than one-third of an acre of impacts or > 150 linear feet per crossing. Because the
April 22, 2005
S&EC Project #3651.W1
Page 3 of 3
proposed stream crossing is below these thresholds, no buffer mitigation is proposed. As
stated in the attached "Statement of Justification", the proposed mulched path is required
per Town of Fuquay-Varina planning and will greatly enhance open space access within
and around the subdivision and the adjacent Wake County Public Schools facility.
Please call me or email me at [e-mail] if you have any questions or if
I can be of any further assistance.
Sincerely,
Todd Preuninger
Project Manager / Biologist
Attachments
TABLE OF CONTENTS
1. PURPOSE AND NEED STATEMENT ............................................................................................ 1
2. WETLANDS AVOIDANCE AND ALTERNATIVES ANALYSIS ............................................... 1
3. IMPACT MINIMIZATION ............................................................................................................... 1
4. PROPOSED IMPACTS ...................................................................................................................... 1
4.1 WETLAND IMPACTS ...................................................................................................................... 1
4.2 STREAM IMPACTS ......................................................................................................................... 2
5. PUBLIC INTEREST ISSUES ............................................................................................................ 2
5.1 CONSERVATION:
5.2 WATER QUALITY: .....................................................................................................
5.3 WETLANDS: ...............................................................................................................
5.4 FLOOD HAZARD: .......................................................................................................
5.5 FLOODPLAIN VALUE: ................................................................................................
5.6 LAND USE: ................................................................................................................
5.7 RECREATION: ............................................................................................................
5.8 SAFETY: ....................................................................................................................
5.9 AESTHETICS: .............................................................................................................
5.10 HISTORIC PROPERTIES: ..............................................................................................
5.11 WATER SUPPLY: ........................................................................................................
5.12 NAVIGATION: ............................................................................................................
5.13 ENERGY NEEDS: ........................................................................................................
5.14 MINERALNEEDS :......................................................................................................
5.15 ECONOMICS: ..............................................................................................................
5.16 FISH & WILDLIFE VALUES: .......................................................................................
5.17 SHORE EROSION & ACCRETION: ................................................................................
5.18 FOOD & FIBER PRODUCTION: ....................................................................................
5.19 ENVIRONMENTAL CONCERNS: ...................................................................................
5.20 PROPERTY OWNERSHIP: ............................................................................................
5.21 NEEDS AND WELFARE OF THE PEOPLE: .....................................................................
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6. MITIGATION .....................................................................................................................................6
Attachment 1 USGS Map
Attachment 2 Soil Survey Map
Attachment 3 Agent Authorization Form
Attachment 4 Individual Permit Application Form
Attachment 5 PCN Form
Attachment 6 Level Spreader Design Calculations and Stormwater Management Plan
Attachment 7 Ballentine Phase 5, 6 and 7 Overall Project Map and Inset Maps
Attachment 8 Justification Letters (greenway and culvert)
Attachment 9 Previously Issued Permits / Certifications (404 and 401)
Attachment 10 NC-DWQ Neuse River Buffer Determination Letter
Attachment 11 Notification of Jurisdictional Determination (January 1999)
Attachment 12 Adjacent Property Owners
Attachment 13 Old Site Plan (permitted in 1999)
Attachment 14 SHPO Letter
Attachment 15 NHP Letter
1. PURPOSE AND NEED STATEMENT
The project consists of the construction of roads and subdividing the property for a
residential subdivision.
The Ballentine subdivision is located in Fuquay-Varina, NC, in Wake County. With such
close proximity to the capital and to the Triangle area, the town of Fuquay-Varina is
expecting a large increase in their population in the next several years. This surge in
residents requires for additional residential space to be constructed. The construction of
Ballentine Subdivision will provide many new home-sites for the increasing population.
2. WETLANDS AVOIDANCE AND ALTERNATIVES ANALYSIS
In order to avoid wetland impacts a detailed wetland delineation was conducted prior to
site plan development. An unnamed tributary to Terrible Creek Separates the central and
northeastern portions of the property from one another, making it necessary to construct a
road crossing over the channel to access the useable land. Based on geotechnical reports,
an arch culvert was not feasible in this location due to the soils and depth to rock.
Moreover, this impact was approved in a previous submittal, and indicates that it meets
the criteria for avoidance and minimization.
3. IMPACT MINIMIZATION
The results of the wetland delineation were considered when developing the site plan to
minimize the impact to streams and wetlands. Nationwide Permits were previously issued
in 1999 to cover the entire 200 acre development. The previously permitted impacts
included two crossings on the unnamed tributary to Terrible Creek of which this
Individual Permit concerns. The previously permitted impacts were not constructed. The
site plan has sense been revised proposing a cul-de-sac rather than a loop drive. This
change to the site plan eliminates one crossing entirely and minimizes the other.
4. PROPOSED IMPACTS
Attachment 3 (Agent Authorization Form) and Attachment 4 (Individual Permit
Application Form) are included as procedural documents relative to this
application.
4.1 Wetland Impacts
S&EC conducted the original wetland delineation in 1999, which was approved by the
USACE on January 8, 1999 (AID 199920461). Because the proposed road crossing was
not installed within 5 years of the date of the Notification of Jurisdictional Detennination
the wetlands at the stream crossing needed to be re-delineated. Maps for USACE Sign
off are being submitted concurrently with this application. The construction of the
proposed road crossing will impact 0.175 acre of jurisdictional wetlands.
4.2 Stream Impacts
The proposed road crossing will impact 139 linear feet of perennial and important
channel. Attachment 8 provides justification as to why arch culverts could not be used for
this crossing.
5. PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps
Wetland Regulations" and dated August 13, 2001, the Corps of Engineers lists 21
specific factors that will be reviewed related to Public Interest. These items are as
follows:
Conservation
Water Quality
Wetlands
Flood Hazard
Floodplain Value
Land Use
Recreation
Safety
Aesthetics
Historic Properties
Water Supply
Navigation
Energy Needs
Mineral Needs
Economics
Fish & Wildlife Values
Shore Erosion and Accretion
Food & Fiber Production
Environmental Concerns
Property Ownership
Needs and Welfare of the People
Responses to each of the 21 Public Interest Issues are presented below.
5.1 Conservation:
The remaining wetlands, streams and riparian buffers will be preserved through deed
restrictions.
5.2 Water Quality:
The construction will meet all of the local, State and Federal design requirements with
regards to protection of water quality. Stormwater runoff will be diverted to culverts or
level-spreader devices that will provide diffuse flow, thus providing further treatment of
runoff.
2
5.3 Wetlands:
Following construction the remaining wetlands will be preserved through deed
restrictions.
5.4 Flood Hazard:
The site is located outside of the 100 year floodplain, therefore flooding is not of concern.
5.5 Floodplain Value:
The site is located outside the 100-year floodplain, therefore there are no impacts to any
existing floodplain areas.
5.6 Land Use:
The proposed development is owned by Ballentine Farms, LLC. Phases V, VI, and VII
are currently forested and are not being used for agriculture or timber. The surrounding
area is residential and has been developed by Ballentine Farms, LLC in previous phases
of construction.
5.7 Recreation:
No public or private recreational facilities will be affected by the development and
operation of the facility.
5.8 Safety:
All entrances to the development along state roads are already installed and meet the
standards of the North Carolina Department of Transportation (NCDOT) and Road
Access and Driveway Permits will be obtained from NCDOT. In addition to the NCDOT
constraints imposed for the sake of safety, there are also constraints on the construction
process by state law and the Occupational Safety and Health Administration.
5.9 Aesthetics:
Construction of the subdivision will not affect aesthetics of the adjacent phases of the
subdivision.
5.10 Historic Properties:
Relative to historic resources; in a letter dated July 27, 1999 to Bob Zarzecki of Soil &
Environmental Consultants, PA, the North Carolina Department of Cultural Resources,
State Historic Preservation Office (SHPO) indicated that the property was nominated to
the National Register in December 1989. In the letter the Department of Cultural
Resources suggests that a meeting be conducted with the pertinent regulatory agencies to
discuss alternatives to avoid and reduce impacts to the historic property. This letter is
included as attachment 14. The aforementioned meeting was held on August 8t', 1999, at
which agreements were made to avoid and mitigate for impacts to the historic property.
The mitigation criteria included the establishment of an interpretive kiosk, informative
signs, landscaped buffers, etc.
5.11 Water Supply:
The site is not in a water supply watershed. Water supply for the site is derived from the
Town of Fuquay-Varina water supply. Development of the site and the resulting water
needs will not adversely affect any existing off-site water supplies.
5.12 Navigation:
The wetlands proposed to receive fill materials are not located in navigable waters. No
impacts to navigation are anticipated as a result of site development.
5.13 Energy Needs:
Electrical energy for the development will be supplied by the local network as operated
by Progress Energy Carolinas. The development will not generate any of its own power
and will not have energy needs in excess of normal residential development.
5.14 Mineral Needs:
Neither supply nor demand for mineral resources will be affected by the development of
this site.
5.15 Economics:
The proposed subdivision will provide job opportunities for the residents of Fuquay-
Varina and the adjacent communities.
5.16 Fish & Wildlife Values:
The following species have been federally listed as Threatened or Endangered for Wake
County:
4
Common Name Scientific Name Status
Bald Eagle Halieetus leucocephalus Threatened
Red-cockaded woodpecker Picoides borealis Endangered
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Michaux's Sumac Rhu.s michauxii Endangered
Utilizing the N.C. Natural Heritage Program (NHP) database of all recorded protected
species occurrences, S&EC found that there were no occurrences of a protected species
with the project limits.
No direct or secondary adverse impacts to federally listed species or exemplary natural
communities are expected from the construction of the proposed subdivision. This report
is included as Attachment 15.
5.17 Shore Erosion & Accretion:
This public interest issue is not applicable to this application as the subdivision will not
affect shore erosion or accretion.
5.18 Food & Fiber Production:
The Sunset Ridge North subdivision will produce neither food nor fiber as part of the
facility operations.
5.19 Environmental Concerns:
Noise
No adverse impacts to noise levels in the area are anticipated from the development of
this site
Prevention of Contamination
All construction activities and resulting infrastructure will be in compliance with
applicable environmental laws. No facilities are planned that have a significant risk for
production or release of environmental contaminants.
Erosion and Sedimentation
Construction at the site will be performed under an approved Erosion and Sedimentation
Control Plan to minimize sedimentation and erosion in the construction areas.
Stormwater will be managed using sedimentation basins and other control devises that
will reduce the sediment load in runoff and will attenuate peak flow rates to prevent
downstream erosion. Attachment 6 includes specific stormwater details and level
spreader worksheets.
Air Quality
No adverse impacts to local air quality are anticipated as a result of this development.
5.20 Property Ownership:
The land upon which Phase 5, 6, and7 of the Ballentine Subdivision is currently owned
by Ballentine, LLC. of Fuquay-Varina, NC. Adjacent property owners are listed in
Attachment 12.
5.21 Needs and Welfare of the People:
Providing housing in an area where populations are expected to increase dramatically
addresses the needs and welfare of the people. This subdivision will allow for a more
rural lifestyle within easy access to Triangle.
6. MITIGATION
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the thresholds for notification (0.10 acre) or if a discharge causes the loss of any
open waters. In an attempt to minimize impacts, the applicant proposes the use of
headwalls and will cross the channel perpendicularly. Because the cumulative
wetland/waters impacts exceed 0.5 acres, the applicant proposes payment to EEP to
satisfy mitigation requirements.
The NC-DWQ requires riparian buffer mitigation for stream crossings resulting in greater
than one-third of an acre of impacts or > 150 linear feet per crossing. Because the
proposed stream crossing is below these thresholds, no buffer mitigation is proposed. As
stated in the attached "Statement of Justification", the proposed mulched path is required
per Town of Fuquay-Varina planning and will greatly enhance open space access within
and around the subdivision and the adjacent Wake County Public Schools facility.
Because impacts to streams are less than 150 linear feet and impacts to wetlands are less
than one -third of an acre we believe that the DWQ should not require mitigation for the
proposed impacts. However if mitigation is required we propose that payment be made to
the NCEEP.
6
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Project Date:
Mgr.: TP 07/06/04
Ballentine Subdivision
Withers & Ravenel
Wake County, NC

Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
01/19/2004 17:27
01/19/2004 16,06 kax
1ST AMERICAN LAND 4 8469467

NO.047 D002
Sit & ]Environmental Colnsultants,8PA
pO Raven Ridgy Road • Raleigh. North Carolina 27614 • Phone: [phone] . Flix: (919) -9467
,Nwvv.5anal;C.com
AGENT AU'T'HORIZATION FORM
All Blanks To Be Fired In BY TA Currenl o?'ner
ILA
Name_
Address:
Mane- ? - -
lle I*? . iV/;?5
project Name/Description-
The Department of the Army District
U.S. Army Corps of Engineers, W*rdngton
P.O. Box 1890
Wil ingtoix, NC 28402
Attn:
Field Office' .
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
PA to
owner, hereby designate and authorize Soil k Environmental Consultants,
the current o e
act in my behalf as my agent in the processing of pernad applications, to furnish upon request da of
suQ lernental information in support of applications, etc. from this day forward' The Y
This notification supersedes any previous conespondence Wncet'ming the agent for this project.
NOTICE, This authorization, for liabBity and professional by S&Ereasons, is C staff. Youishould call S&EC
government officials to enter the property
to arrange at site meeting prior to visiting the site.
'L?J- '
Print Property Owners Naxne
cc: Mx. John Dorney
NCDENR - DWQ
232 C,,btree Boulevard
1 ' NC 27"
Property Owners Signature
cc. Mr. Todd pmuzvinger
Soil. 6t: Environmental Cortsultants, PA
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fta eig
K,CKOI3' cc:
622 Coon Mountain LLMe
C'harlettc d?1S& 3817-V Law?+dale Drive
81
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2361-dlullip C0011, Suite C Greensboro. NC 27455 honc
(828) ) 635-5870
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(704) 7L?0 9405! phone: [phone]

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04/19/2005 08:42 1ST AMERICAN LAND 4 8469467 1 NO.385 P002
04/19/2005 08; 35 FAX 'F_.j VV.:
APPLICATION FOR DEPARTMENT OF THE ARMY P€FPtdrr
/33 CFN 325)
publio rePorn9 burden for this colloctlon of inforrrtrdf«n is estimated to average 5 hours per resp0r111114, Induding the limo for reviewing kwVw0iona.
xewv sarvhing existing data souroex. gathering and matnmrnNt9 the data needed, and ooetpMting and 1evievMl02 the oullection of informati.. Send
stions for reducing thin burden, to
ooMments regarding this bo.dan estimate Or any Ott'* 839v Of this colioctlan Of snforrtlidOrt. irtclndtr9 doggie
DepwtmarK of Defense, washington fleadquart o "V" DkVCtories of Information Opendort9 and Repmu, 1275 JeffW300 Davit wlghway, Suite
1204, Arlington, VA 22202-4302. and w the Office of lYlan11196-ent and Budget Paperwork Reduction Protect (0710-00031. W=hbW °"• DC 20503.
Pl.ase DO NOT RETURN your form to either of those addrossas. Completed 8PP"Stions must be submitted to the District Snginear raving l0lse5ttion
over the location of the proposed so"tY.
PRIVACY ACT STATEMENT ?v?y in, or affecting, navlgable
PrNtcipel pnto e: These he Urequired permits su r
Authority' 33 USC 401, Section 10; 1413. Section 404. i
rnsportalfOn of dredged MatsrEaF for the
waters of the United States. the dsehwr¢e of dredged or IN Rsttivrial nto rvaAtora of the rrited atom, and the e transp
permit.
purpose of dvrrrpktg It lrrto ocean waters- Routine Uaas: Information provltled an this from wo be used in evaluating the application for a Ik?stlon cannot be processed nor
Disclosuret Disclosure of requested information Is voliontary. If information is not provided, however: the permit app
Can a permit be Issues-
One set of original drevArq s or good reproducible copies which show the location and chareat.w of the pwp"ed activity must be attached to this
application ts44 sample drawings and irtstruotional and be submitted to the District Engineer hwvhng jurindknion over the loowtion of the pnooosed
eoti%4W. An application that Is not completed In full wdl be returned.
1. APPLICATION NO,
5, APPLICANT'S NAME
PS/SE 111allentine, LAC
fr.-rEMS f THRU s TO BE FOLr97 BY THE COO
2. FIELD OFFICE CODE 3, DATE RFCEIVED
OMS APPROVAL No- 0710-003
Expires October 1996
4- DATE APPLICATION COMPLETED
8. AUTHORIZED AGENT'S NAM F: AND TITLE eon nyent is nor required)
Soil & EnvlronmeRtal ConsuRaftts, PA
6. APPLICANT'S ADDRESS
2x14 Reliance Ave
Apex, NC 27639
3. APPLICANT'S PHONE NOS, W)AREA CODE
a. Residence
b, Business [phone]
11,
STATEMENT aF AUTHORIZATION
I hereby authorije, Sall & Environmental Coftsultaf tN PA to act in my behalf ea my agent in the processing of this 30pocation and to fUrnich,
upon request, supplemental information in support of this permit application,

APPLICANT'S SIGNATURE
DATE

r NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY r
12- PROJECT NAME OR TITLE &i* Arwtn cz4 w
Railentine Subdivision Phase 5, 6, and 7.
13. NAME OF WATERaODY, IF KNOWN F/.oallcsbm
is. LOCATION OF THE PROJECT
COUNTY Wake
STATE NC
e, Residence
14. PROJECT STREET ADDRESS (ilea *0414)

16, OTHER LOCATION DESCRIPTIONS, IF KNOWN. ts.e)ntrruedons)
See attached Situ map (Figure 1)
17, DIRECYIONS TO THE SITE
9. AGENT'S ADDRESS
11010 Ravwn Ridge Road
Raleigh, KC 276714
10, AGENT'S PHONE NOS. W/AREA CODE
b. 9usiness [phone]
To AE RUED BY
1.25 miles north of the Intersectlen of Somat Lake Road (5R 1301) end Noy 401 (Main Street).
ENG, FORM 4345, Feb 94 P.DiYION OF SEP7 91 IS OSSOLF-rr (Proponent: C> L'WOI
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325)
OMB APPROVAL NO. 0710-003
Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directories of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302= and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws required permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routine Uses: Information provided on this from will be used in evaluating the application for a permit.
Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor
can a permit be issues.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
PS/SE Ballentine, LLC Soil & Environmental Consultants, PA
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
2514 Reliance Ave 11010 Raven Ridge Road
Apex, NC 27539 Raleigh, NC 27614
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business [phone] b. Business [phone]
11
STATEMENT OF AUTHORIZATION
I hereby authorize, Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of this application and to furnish,
upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Ballentine Subdivision Phase 5, 6, and 7.
13. NAME OF WATERBODY, IF KNOWN (if applicable/
15. LOCATION OF THE PROJECT - Fuquay - Varina
COUNTY Wake STATE NC
14. PROJECT STREET ADDRESS (if applicable)
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
See attached site map (Figure 1)
17. DIRECTIONS TO THE SITE
1.25 miles north of the intersection of Sunset Lake Road (SR 1301) and Hwy 401 (Main Street).
ENG. FORM 4345, Feb 94 EDITION OF SEPT 91 IS OBSOLETE (Proponent: CECW-OR)
1 8. Nature of Activity /Description of project, inctude all features)
The proposed development consists of mechanized landclearing, excavation, the placement of fill, and the Installation of culverts
associated with eh construction of Ballentine Subdivision, Phase 5, 6, and 7.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The project purpose is to provide for road access to a portion of the property that Is Isolated by streams.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The wetlands in the proposed road alignment will need to be filled to allow for the construction and stabilization of the road.
21. Type(s) of material Being Discharged and the Amount of Each Type in Cubic Yards
1,555 cubic yard of construction grade fill will be placed in the wetlands.
22. Surface Area in Acres of Wetlands or Other Waters Filled tsee instructions)
For Phase 5, 6, and7, 0.175 acres of wetland and 139 linear feet of stream channel will be Impacted, bringing the cumulative
project total to approximately 0.88 acres of wetlands and waters.
23. Is Any Portion of the Work Already Complete? Yes _._ No X_ IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
Adjacent property owners are shown in Attachment12.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
USACE Approved Delineation 199920461 Adjacent 02/08/1999
DWQ Buffer Determination NBRRO 00-047 01/25/99
USACE 404 Cert. NWP 12,
14, and 26 199920461, 04/19/1999 05/19/1999
199920885
DWQ 401 990380 04/19/1999 06/10/1999
* Would include but is not restricted to zoning, building and flood plain permits.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
SIGNATURE OF APPLICANT AT SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly

Office Use Only: Fonn Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: NWP 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: PS/SE Ballentine Farms LLC
Mailing Address: Attn: Mr. Rob Shank
2514 Reliance Avenue
Anex. NC 27502
Telephone Number: 919-303-8525 Fax Number: 919-303-8524
E-mail Address: Not Available
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:_ Mr. Todd Preuniner
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax number: [phone]
E-mail Address: [e-mail]
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 l l 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: Ballentine Subdivision - Phases 5,6, and 7
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 066702972793
4. Location
County: Wake Nearest Town: Fuquay-Varina
Subdivision name (include phase/lot number): Ballentine Subdivision Phases 5, 6, & 7
Directions to site (include road numbers, landmarks, etc.): The Ballentine Subdivision is
located east of Sunset Lake Road (SR 1301) and north of Terrible Creek just north of
Fuquay-Varina please see attached USGS site vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 035°36'49.00"W / 078°46' 14.02"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): Current project ± 54 Acres; Total property size ± 200 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Terrible 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 an undeveloped, wooded tract. Existing phases
1-4 are located west/southwest of the site.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a single-family residential subdivision with the typical utilities (i.e.,
sewer, water, electric, etc. One perennial channel and its associated riparian buffers will be
impacted to provide a road crossing for the Ballentine Subdivision. In addition, the applicant
proposes a mulched path that will be located along the riparian buffer. Typical excavating
and grading equipment will be used during construction of the road crossing.
11. Explain the purpose of the proposed work: The channel crossing is proposed in order to
access contiguous portions of the subdivision. The mulched path will be located adjacent to
and paralleling the stream. Portions of the path will be located in Zone 2 of the buffer
(please see attached "Statement of Justification for Buffer Impact for Greenway Trail"). The
trail will be constructed of mulch and will not compromise the health of the existing
vegetation.
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.
Nationwide Permits 12 and 26 were issued previously for the entire project in 1999. However,
the permitted important/significant channel impacts (Areas 2 & 10) never occurred (see attached
copy of 1999 impact maps). S&EC completed a detailed wetland delineation and Neuse Buffer
Evaluation in 1999. On February 8, 1999, Mr. Todd Tugwell with the USACE issued a
Notification of Jurisdictional Determination (AID 199920461). On January 25, 1999, Mr. Steve
Mitchell with the NC-DWQ visited the site to determine to starting point of riparian buffers
(NBRRO 00-047. A copy of the Jurisdictional Determination and the Neuse Buffer letter are
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.
No future impacts are expected at this time.
Page 3 of 9
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
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: One perennial channel and its
associated riparian buffer will be permanently impacted for a road crossing.
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 ma (acres) (es/no) (linear feet)
1 Fill 0.175 Yes 0' Bottomland Hardwood
Forest
* 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 httn://www.feina.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 (detennination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: > 1 acre
Total area of wetland impact proposed: 0.175 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 ma linear feet Before Impact leasespecify)
Road Crossing Culvert/rip-rap 139 UT to Terrible Creek 3-4 feet 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.ti p one.com,
www.manouest.coin, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: 139 linear feet
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
Waterbody Type of Waterbody
Site Number Type of Impact* Impact p
(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
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.
The applicant requested a Neuse Buffer delineation of channels on-site prior to site plan
development in order to determine the extent and location of streams and buffers. Although
jurisdictional areas were avoided to the maximum extent practical one unnamed tributary to
Terrible Creek separates the central and northeastern portions of the property from one another,
making it necessary to cross the channel. This crossing will be an extension of the existing
Trefoil Lane, which currently stubs south of the channel. Please note that the 1999 plans called
for 2 road crossings and the current design only impacts the channel at one location. The
applicant plans to cross the channel at an approximately perpendicular angle in order to minimize
impact to the stream and riparian buffer. The proposed mulched path is required as part of site
plan approval from the Town of Fuquay-Varina. The path will connect the subdivision with the
Wake County Public School facility adjacent to the west of the property. In order to provide a
natural and more scenic setting for outdoor recreation the path has been designed to parallel the
channel. This activity is exempt from the buffer rules but has been provided for your review.
Page 5 of 9
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 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 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 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/stn-ngide.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.
The jurisdictional areas have been avoided to the maximum extent practicable. Impacts to
the channel are less than 150 linear feet and will be minimized big headwalls and
crossing at a nearly perpendicular angle. Moreover, mitigation is not required by DWQ for
perennial channel impacts of less than 150 linear feet per project. Two impacts were
previously permitted for two road crossings, however construction never occurred. The
impacts to jurisdictional wetland have been minimized and avoided to the maximum extent
practicable. Jurisdictional wetlands are located adjacent to the stream throughout the entire
length of the stream on the Ballentine Property, except for a small reach near the eastern
property line. Therefore, wetland impacts resulting from a road crossing will occur at anx
proposed point along the stream. Because perennial channel impacts are less than 150 linear
feet for the entire subdivision, and because impacts to jurisdictional wetland have been
avoided and minimized to the maximum extent practicable, we do not believe mitigation
Page 6 of 9
should be required. If mitigation is required, the applicant proposes payment into the NC-
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/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
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 of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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.
Page 7 of 9
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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:
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.
Road Crossing (Exhibit B)
Zone* Impact
s uare feet) Multiplier Required
Mitigation
1 10,473 3 NA
2 3,914 1.5 NA
Total 14,387 NA
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Greenwav Trail (Exhibit 0
Zone* Impact
(square feet Multiplier Required
Mitigation
1 0' 3 NA
2 325' 1.5 NA
Total 325' NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 infortation as
identified within 15A NCAC 213 .0242 or .0260.
XI. 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.
Site will contain <30% impervious followinga construction. as tier comments by Mr. Dale
Werenko of Withers & Ravenel (Project Engineer).
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.
Page 8 of 9
The proposed subdivision will tie into the exiting Town of Fuquay-Varina sanitary sewer system.
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. 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
tit ? . W1?nT
DWQ Project No. O q- 016,5
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the
.// Sc b 21,111 lowing informatio
Project Name ; c tfn rr h .?, 7
Contact Person: P-06 5 NAoy Phone Number: J919 ) 303 SZS
Level Spreader ID, _ t eve. l*1,-e-,
Level Spreader Length /71 _ it (perpendicular to flow)
Drainage Area 2..4q ac. (on-site and off-site drainage to the level spreader)
Impervious Area f 5 3 ac. (on-site and off-site drainage to the level spreader)
Maximum Fitter StripfBuffer Slope 7.. 0 % (6% for forested, leaf littler cover, 8% for thick ground cover)"
grass
Max. Discharge from a 10 Year Storm 13. J cfs
Max. Discharge to Level Spreader f "Z• f cis
Fitter Strip/Buffer Vegetation f-yL )-I - ct (thick ground cover or grass, canopied forest with leaf litter
G -a rs groundcover)
Pre-treatment or Bypass Method A/o - ! -
REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, aftach an explanation of why, At a minimum, a complete stormvrater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
Anolic dials
JAI Level spreader is at least 13 ft per cis for thick ground cover or grass or 100 ft per cis in canopied forest with leaf
1 litter.
N `f1 Pre-Form Scour Holes are on flat slopes only
`A No structures are located in protected buffers"
If bypass method specified in the Draft Level Spreader Design Option Document
Q Bypass method Is specified (if applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
N No structures are located in protected buffers,
Plan details for the bypass and outlets are provided,
1\1 IA The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
" Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass If designed ceding to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas- In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
14,10
DWQ Project No. O LL 0 16 S
1. PROJECT INFORJ?AT t
Project Name :
Contact Person:
Level Spreader ID'. ev e/
Level Spreader Length
Drainage Area
Impervious Area
Maximum Fitter Strip/Buffer Slope
grass
pMSION of WATER QUALITY - LEVEL SPREADER WORKSHEET
(please,
/ a -P c- tt ?-
Max, Discharge from a 10 Year Storm
Max. Discharge to Level Spreader
Filter Strip/Buffer Vegetation
Pre-treatment or Bypass Method
information):

Phone Number: (q f3 ) 3 0 3 FS z 5
tf 3 © IL (perpendicular to flow)
1 d " aC. (on mte and off-site drainage to the level spreader)
9
3 ac, (on-site and off-site drainage to the level spreader)
7. 0 % (6% for forested, leaf littler cover, 8% for thick ground cover)"
0.4 cls
10.0 cfs
M. : - I-a. in f -4 (thick ground cover or grass, canopied forest with teat litter
G a rs groundcover)
Ndr4e-
REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requimment has not been met, attach an explanation of why. Al a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and vdl substantially delay final review and approval of the project.
A I' nitials
Level spreader is at least 13 fL per cfs for thick ground cover or grass or 100 It per cfs in canopied forest with leaf
titter.
Pre-Form Scour Holes are on fiat slopes only
No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document
6? /A Bypass method is specified (if appficrable) and plan details and calculations are provided
(V 1A Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
Plan details for the bypass and outlets are provided.
The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
' Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass 9 designed according to the Draft Level Spreader Design Option Document. This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
14=0
DWQ Project No.
rAVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
Project Name:
Contact Person:
Level Spreader ID:
Level Spreader
Drainage
Impervious Maxi
grass
br?r ?`
? 5 A,uk
Max. Discharge to Level TION (please complete the followi?ig,lnfo
Area ?- ac.
Area f. 71? ac.
Max. Discharge PROJECT from a INFOR 10 Year Storm
mum Filter SMplBuffer Slope y m %
Spreader /N cis
Filter StripfBuffer Vegetation 7,1 -AA La 6cX
.S`'/' e? ?? ? ??
Length 18? It.
lq' `l cis
6- efts
Pre-treatment or Bypass Method
REQUIRED ITEMS CHECKLIST
Phone
(perperxiicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)"
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
A licants Initials
Level spreader is at least 13 fL per cfs for thick ground cover or grass or 100 ft per cis in canopied forest with leaf
litter.
/O A Pre-Form Scour Holes are on flat slopes only
(D No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
(Vlk Bypass method is specified (if applicable) and plan details and calculations are provided
Discharge to level spreader and subsequent lifter strip is hydraulically and spatially separate from the bypass
discharge.
Ay 14 No structures are located in protected buffers.
(V ril Plan details for the bypass and outlets are provided.
01 ?h The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
• Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass 9 designed according to the Draft Level Spreader Design Option Document This potentfaNy requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
I=

DWQ Project No. L` 6) / & 5
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFO ATION (please r orrirI ,te the following infor
1e.,trn?µbdl<<v,'s•d•
Project Name: 0914
Contact Person: Q
Level SpreaderID:_4eve1 Sfrec-Xer ¢#/-t
Level Spreader Length 51
Drainage Area /. D 6 ac.
Impervious Area as
Maximum Filter Strip/Buffer Slope D %
grass
Max. Discharge from a 10 Year Storm
Max. Discharge to Level Spreader
Fitter StripBuffer Vegetation
3. 1 cfs
_?9 s
G-??rt
Pre-treatment or Bypass Method
REQUIRED ITEMS CHECKLIST
'hascs_
Phone Number:
(Perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)"
(thick ground cover or grass, canopied forest with teaf litter
groundcover)
Initial in the space provided to Indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. Al a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement, An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
A licants Initials
Level spreader is at least 13 ft, per cfs for thick ground cover or grass or 100 n per cis in canopied forest with leaf
lifter.
MA Pre-Form Scour Holes are on flat slopes only
i -No structures are located in protected buffers"
if bypass method specified in the Draft Level Spreader Design Option Document:
62j I Bypass method is specified (if applicable) and plan details and calculations are provided
/VIA Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
No structures are located in protected buffers.
E?E Plan details for the bypass and outlets are provided.
4fAvik, The operation and maintenance agreement includes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
Level spreaders in series can be used on $lopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in tone 1 of a protected buffer area.
1=0
,VIA?•R tT
1
BALLENTINE SUBDIVISION OVERALL LPPROJECT
WITHER 8&- RAV E N E L PHASES 5, 6& 7 Date 04/05/05
m ENGINEERS ?t nsPLANNERS +R SURVEYORS
.a.....??. FU UAY-VAR I NA
Q Job Na 203175.00
WAKE COUNTY NORTH CAROLINA Stele 1" = 300'
K:\03\03-170\05175\Impoct mop.pro Tue Apr 5, 2005 4:21:08PM WRHERS & RAVENEL. WC.
PRELIMINARY 3ar 12(
NOT FOR RECORDING OR CONSTRUCTION
SCAIE: I * = 300.
PR OSED \ :.? . .
GRE NWAY TRAIL ?.
L-? NEUSE "RIVER
\ BUFFER
ONE ?.
-?- I ACT '
Ek - WETLANDS
l
?c?
y9? 471; \? ,-,----,
EXHIBIT B
PRELIMINARY
NOT FOR RECORDING OR CONSTRUCTION
TYPICAL CROSS SECTION - GREENWAY TRAIL
A-A 0 M, N 100' 200'
ZONE 2 325 LF
LF BUFFER IMPACT
SCALE: l'- V
BALLENTINE SUBDIVISION BUFFER IMPACTS
MAP
WITHERS & RAV E N E L PHASES 5, 6 & 7 Date 0418/05
1n "" QM ENGINEERS t onbm Mil PLANNERS * 91 no ? nom- oe °....?.m. FUQUAY•VARINA fob No. 203175.00
WAKE COUNTY NORTH CAROLINA kale 1" c 50'
K:\03\03-170\03175\lmpod mop.pro Wed Apr 20, 2005 11:2323AM WITHERS & RAVENEL, INC.
b+
1
88 LF 87"X63" ' 0x
ARCH/CSP (2)
556
ON L ITS OF
- N- --?' DIS RBANI?E
4 ? ZONE 1
" IMPACTS
?E 2
IWAQTS j l
\ I a LOCITY' R
?0
SSIPATOR PAD
' 29'L 40'W X ,X
CLASS RIP RAP)
LEVEL SPREA #
Q10 = 10.0 CF Lv
L = 130 LF?
TOP LI',EL`= 354.50 % 10
uu ' ivy: r
T+ `* Lo
BUFFER IMPACTS
ZONE 1 10,473 SF
ZONE 2 3,914 SF
TOTAL
14,387 SF ; 033 AC
LF STREAM DISTURBANCE 139 LF I i
EXHIBIT C
PRELIMINARY
NOT FOR RECORDING OR CONSTRUCTION
WETLAND IMPACT 7,635 SF
SCALE: I'm W
BALLENTINE SUBDIVISION BUFFER IMPACTS
WITHERS & RAV E N E L PHASES 5, 6& 7 Date 04/18/05
ENGINEERS 1 PLANNERS 1 SURVEYORS
203175.00
FUQUAY-VARINA lob Na
WAKE COUNTY NORTH CAROLINA kale r = 50'
\03\03-170\03175\Impacl map.pro Wed Apr 20, 2005 11:23:38AM WITHLKS & HAn.ntL. IN,
SUNSET LAKE ROAD HILLTOP NEEDMORE ROAD JOHNSON POND ROAD
BASS LAKE R (-
SUNSET LAKE ROAD
JOHNSON POND ROAD
JAMES SLAUGHTER ROAD
MAIN STREET-US 401
BROAD STREET-NC 55 SITE
STEWART JOHNSON
STREET POND ROAD
JUDD PARKWAY HILLTOP ROAD
BROAD STREET
WAKE CHAPEL ROAD NC 42
NC 55
MAIN STREET-US 401, NC 42 ACADEMY STREET PURFOY ROAD
MAIN STREET-US 401,NC 55, NC 42
VICINITY MAP 1"=5,000'
,?-
F??,.?. Vac?,rw, ,?a?, C,ou??? , Iv ?
USACE AS._p',* l';lOOtl.:Z0,40 A

Ballentine Phase 5 6 7
Statement of Justification for Zone 2 Buffer Impact for Geeenway Trail (allowable use)
Ballentine Subdivision Phases 5, 6 & 7 is a residential subdivision located in the town of
Fuquay Varina. It consists of] 56 single,family residential lots on 53.7 acres and is
bisected by a NCDENR/DWQ regulated Neuse River stream buffer that meanders
approximately northwest to southeast across the site. Part of the site plan approval
through the Town of Fuquay Varina requires that a public trail be constructed from an
existing greemvay in the southern phase ofBallentine bordering this project to the Public
School facility bordered on the western boundary. We are proposing the greenway trail
be located adjacent to'tand paralleling the stream, meandering in and out of the buffer
Zone 2 ,as dictated by site constraints.
The proposed grading of this site requires a graded/sloped backyard for the lots and will
create tie-out slopes at the rear of the lots along the buffer.'*Inmost cases these slopes are
located outside of Zone 2. The greenway trail will follow these rbar lots. In some areas
the slopes tie-out at the buffer line and do not provide for locating the trail outside of
Zone 2. These locations wouldrequire the trail be located inside of Zone 2.
•
Providing the trail along the buffer provides a more natural and scenic setting for hiking,
biking and other outdoor activities and would allow the public to enjoy the benefits of the
open space required for this project.
Tbis trail will be a 6' wide mulched trail and will be installed with minimal disturbance to
existing vegetation. The trail will meander between existing trees and vegetation to avoid
disturbance. The entire trail length paralleling the stream is approximately 1870 LF. We
are requesting to locate approximately 785 LF (approximately 42% of the trail length
along the stream) of the greenway trail inside Zone 2 of the Neuse River Buffer.
Ballentine Phase 5 6 7
Statement of Justification for pipe culverts in lieu of arch culvert
Due to the pool soils (Wehadkee) in the vicinity of the stream crossing, construction for
arched culvert footings would be extensive since deep footings would be required to
stabilize the culvert in the pool soils. The extensive footing construction could impact the
stream channel. In addition, we are proposing a sanitary sewer crossing in this vicinity
that requires an open channel cut across the creek. Since the creek will already be
disturbed with this crossing, we feel the best stormwater conveyance option is arched
pipe culverts.

U.S. ARMY CORPS OF [;NGINI?;ERS
Wilmington District
Action ID:__ 199920461 / 199920885 County:____ _ Wake
GENERAL, PERMIT (REGIONAL AND NATIONWIDE,) VERIFICATION
Property
Owner PS/SE - Ballentine Far ns, LLC
Address 203-C Colonades Way
Cary North Carolina 27511
Telephone Number 919-233-8000
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Bob Zarzecki
Address 244 West Millbrook Road
Raleigh NC 27609
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.):
The property is approximately 200 acres in size and is located east of the intersection of Sunset Lake Road
(SR 1301) and Ballentine Dairy Road (SR 1400), in Fuquay-Varina, Wake County, North Carolina. The
site is adjacent to Terrible Creek, above headwaters, in the Neuse River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of
pipes, and the placement of fill associated with the constniction of Ballentine Farms subdivision. Impacts
to wetlands and waters authorized by this permit include 0.434 acre for utility line crossings under NWP
12 (AID 199920461) and 0.815 acre of wetland and channel impacts for lot fill under NWP 26 (AID
199920885). Impacts to wetlands and waters total 1.249 acre.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12 & 26 Nationwide Permit Number(s)
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager Signature
Date May 19, 1999 Expiration Date May 19 2001 (N WP 12)
Expiration Date September 15, 1999 (NWP 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM; IF REQUIRED OR AVAILABLE.
CF: Wake County EH&CD (enclosure)
l
State of North Carolina
.-°epartment of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
l - .
FR
NCDEN
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES'I? 1.
June 10, 1999
Wake County
DWQ Project #990380
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
PSLSE- Ballentine Farms, LLC
Att; David Goracke
203 -C Colonades Way
Cary N.C. 27511
Dear Mr. Goracke
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 1.249
acres of wetlands or waters for the purpose of constructing the proposed Ballentine Farms Subdivision, as you described in your
application dated 19 April 1999. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 3101 and 3108. These certifications allows you to use Nationwide Permit Numbers 12 and 26
when the Corps of Engineers issues these. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities
through the protected stream buffers.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Domey at 919-733-1786.
c
y
err tevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domey
Central Files
Bob 7.arecki 990380.Itr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer gaper
(k - )1)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVI_ ION OF WATER QUALITY
A)
WIMarch 10, 1999
®1.\? ,
Bob Z.arzacki
S & E C, Inc.
JAMESB.HUNTJR 244 West Millbrook Road
GOVERNOR Raleigh, N. C. 27609
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 99-047
S&EC #98-3651
EMc°EVlrr Ballentine Property/Terrible Creek
SECR ARY V
Wake County
Dear Mr. Zarzacki:
a PD
JR On January 25, 1999 I met with you at the subject property to conduct a site visit for the above referenced
n1REC oli project. This project is referenced by the Raleigh Regional Office as NBRRO 99-009. It was determined
that there are several features on site that are at least intermittent streams and therefore subject to the Neuse
River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233).
The streams (features) have been delineated on the map received by this Office January 26, 1999 and the
areas applicable to protection under the Neuse Buffer Rules are as follows:
From Flag NBR 01 beginning at the edge of the property along the 1400 series flags to the eastern
property line;
From flag NBR 02 beginning at the stream channel split in the upper pond near flags 317 and 318
continuing south to the end of the forested vegetation;
From the end of the tree line to the second dam, there is no protection afforded to the stream because
there is no forested vegetation to protect;
Fifty feet from the breach in the dam south to the property line along the 1000 series flags;
and, the impounded water along the 1300 series flags at the southeast corner of the property.
Thank you for your attention to this matter and if this Office can be of any assistance or if you have
additional questions, please do not hesitate to contact us.
of
Sincerely,
?f ? x s
eve Mitchell
Environmental Scientist
cc: RRO/Dorney
fl:\nbrlet.for\Ileuse.buf\balntine:047
P.O. UOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110- PO sT-CONSU MER PAPER

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Ill:__ 199920461 County:___ Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Nancy Elliott Agent ? lVlronmental Consultants Inc.
c/o Soil & Environmental ti: Bob Zarzecki
Consultants. Inc. Address 244 West Millbrook Road
Telephone Number 919-854-9979
Ralcii!h. NC 27609
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.):
The property is approximately 200 acres in size and is located east of the intersection of Sunset Lake Road
(SR 1301) and Ballentine Dairy Road (SR 1400), in Fuquay Varina, Wake County, North Carolina. The
site is adjacent to Terrible Creek, above headwaters, in the Neuse River Basin.
Indicate Which of the Following Apply:
0 There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
0 There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
This project is located in the Neuse river basin. You should contact the North Carolina Division of Water Quality
at [phone] to determine additional requirements specific to this river basin.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Project Manager Signature
Date February 8, 1999 Expiration Date February 8 2004
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
O LO -,T O 00 O M N O st O d' M N O (D M O O D
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AUG - 2
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
July 27, 1999
Bob Zarzecki
Soil and Environmental Consultants
244 West Millbrook Road
Raleigh, NC 27609
Re: Ballentine Farms Subdivision, Fuquay-Varina,
Wake County, ER 99-8887
Dear Zarzecki:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your July 19, 1999, letter concerning the above referenced development that
requires a Section 404 permit from the Army Corps of Engineers. We have reviewed the
materials presented and determined that the proposed undertaking will adversely affect the
National Register-listed Jones Johnson-Ballentine Historic District.
The historic district was nominated to the National Register in December 1989 and listed on
January 26, 1990. A map of the boundaries is enclosed and indicates that the proposed
subdivision is wholly contained within the historic district. According to our records and the
nomination, the project area contains seven structures, including the three houses mentioned
in your letter. The structures that contribute to the historic character of the district are two
tenant houses, three silos, and a chicken house. A third tenant house is considered non-
contributing to the district. In addition to the buildings, 258 acres of farmland are described
as contributing to the character and setting of the district.
The relocation of the two contributing tenant houses, the widening of Sunset Lake Road, and
conversion of the farmland into a 350 house subdivision will damage and destroy much of the
historic district and requires further consultation between the permit applicants, Army Corps
of Engineers, and us before any construction can take place. We, therefore, suggest that you
contact Renee Gledhill-Earley , our environmental review coordinator, at 733-4763 to
schedule a meeting of the various parties to discuss this matter in greater detail and consider
alternatives that may avoid or reduce the adverse effect upon the historic property.
100 W-f T-- zt-.t
Bob Zarzecki
'I July 27, 1999
Page 2
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the regulations of the Advisory Council on Historic Preservation codified at 36 CFR
Part 800.
Sincerely,
U4? k
avid Brook
Deputy State Historic Preservation Officer
enclosure
cc: Todd Tugwell, ACOE
Wake County HPC
A4"wak-1-5
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
April 19, 2005
S&EC Project No.: 3651.W]
Withers & Ravenel
Attn: Dale Werenko
111 MacKenan Drive
Cary, NC 27511
PS/SE Ballentine Farms, LLC
Attn: Mr. Rob Shank
2514 Reliance Avenue
Apex, NC 27502
Re: Detailed Wetlands Delineation and Neuse River Buffer Evaluation
Ballentine Subdivision
Fuquay-Varina, Wake County, NC
Dear Mr. Werenko and Mr. Shank:
On April 18, 2005, S&EC conducted a review of records for federally protected species at the
Natural Heritage Program office in Raleigh, North Carolina, for the above referenced site
The existing subdivision is located on SR 1301 approximately 1 mile north of the intersection of Hwy
401 and SR 1301.
A search within a 5 mile radius of the site found no federally endangered or threatened species.
Please call or email me at [e-mail] if you have any questions or require any
additional services.
Sincerely- _
?S
z-Yessica Regan
Environmental Scientist
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro. NC 27455
Phone: [phone]
Fax: [phone]
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 7, 2004
Action ID No. 200420702
Mr. Rob Shank
PS/SE Ballentine Farms, LLC
2514 Reliance Avenue
Apex, North Carolina 27502
Dear Mr. Shank:
50"

Reference is made to your application received in our office on February 5, 2004,
submitted on your behalf by Mr. Todd Preuninger of Soil & Environmental Consultants,
PA, for Department of the Army (DA) nationwide permit authorization for proposed
impacts totaling 139 linear feet of perennial stream channel subject to our authority
pursuant to Section 404 of the Clean Water Act. The requested impacts are associated
with the construction of phases 5 through 7 of the Ballentine subdivision. The property is
located east of Sunset Lake Road (SR 1301) and north of Terrible Creek in Fuquay-
Varina, Wake County, North Carolina.
Nationwide permits 12 and 26 (Action ID Nos. 199920461/199920885) were
previously issued for all phases of the project including phase 5 through 7 in 1999.
Temporary impacts to wetlands and waters authorized previously by NWP 12 total 0.434
acre. Permanent impacts to wetlands and waters authorized previously by NWP 26 total
0.815 acre. Your application indicated that impact areas2 and 10 that were approved in
the original application were not constructed. This reduces permanent cumulative
impacts for the project to 0.705 acre.
Nationwide Permit 39 approved on March 18, 2002 is applicable only when the
discharge does not cause the loss of greater than 0.5 acre of non-tidal waters of U.S.
Permanent, cumulative impacts for the project totaling 0.705 acre exceed the threshold
for nationwide permits. Therefore, the proposed project is ineligible for nationwide
permit authorization and will require individual DA permit authorization as proposed.
Enclosed is a DA individual permit application should you wish t6 pursue the project as
presently proposed.
Printed on ® Recycled Paper
If you are unable to modify your plans to avoid impacts to waters of U.S. through
the utilization of a bottomless arch culvert, please note that the DA and the U.S.
Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) on
February 6, 1990 that established procedures to determine the type and level of mitigation
necessary to comply with the Clean Water Act Section 404 (b) (1) guidelines. This MOA
provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any remaining
unavoidable impacts to the extent appropriate and practical. To enable us to process your
application in full compliance with this MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available
only if the proposed work is the least environmentally damaging, practicable alternative.
Please furnish information regarding any other alternatives, including upland alternatives,
to the work for which you have applied and provide justification that your selected plan is
the least damaging to waters of the U.S. Specifically, we need information regarding
alternative site designs that would result in reduced impacts to streams on the site.
b. It is necessary for you to have taken all appropriate and practical steps to
minimize aquatic losses. Please indicate all that you have done, especially regarding
development and modification of plans and proposed construction techniques, to
minimize adverse impacts.
c. Finally, the MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate and practical
minimization has been employed. Please indicate your plan to mitigate for the projected,
unavoidable loss of waters or provide information as to the absence of any such
appropriate and practical measures. Please submit a mitigation plan with your revised
permit application.
Please be reminded that issuance of DA authorization must precede any
placement of excavated or fill material within any waters of the U.S. on your property.
Should you have any questions regarding your application for DA permit authorization
please call me at telephone [phone], extension 22.
Sincerely,
Q .
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Enclosure
2
Copies Furnished without enclosures:
Mr. Todd Preuninger
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM
Complete this form, print and sign, and either mail to NCEEP, 1619 Mail Service Center, Raleigh, NC
27699-1619, or fax to 919-733-5321. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or Agent

2. Name of Business

3. Street Address
co,
4. City, State, Zip

5. Telephone

6. Fax
L
7. E-mail
v n • ce° (:L A C >
8. Project Name

9. Project Location

10. Lat-Long Coordinates -,
11. River Basin

12. Cataloging Unit (8-digit) ***
13. Project County *
14. Riparian Wetland Impact * acres

15. Non-Riparian Wetland Impact * acres
16. Coastal Marsh Impact * acres
17. Stream-Cold Impact * feet

18. Stream-Cool Impact * feet
19. Stream-Warm Impact * .. feet
,F.
y -
20. ** Buffer-Zone 1 Impact * square feet
21. ** Buffer-Zone 2 Impact * square feet

22. ** Buffer-Total (Zone 1 + Zone 2) * square feet
Date: Signature of Applicant or Agent:
Attachments? DYes [::]Na
t t4
* Required information; zero answers in 14-22 should be indicated with "0" or "N/A", not left blank.
** Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*** Go to EPA "Surf Your Watershed" http://gfpub.epa.gov/surf/locate/index.cfm for CU determination
Direct all questions to Carol Shaw at 919-733-5205 or [e-mail]