20071353 Ver 2_Application_20080502

WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
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WE ARE SENDING YOU ? Attached via
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? Copy of Letter ? Change order
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COPIES DATE NO. DESCRIPTION
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DENR - WATER QUALITY
THESE ARE TRANSMITTED as checked below: WETIANDSANDSTORMWATFRBRANCH
? For approval ? Approved as submitted ? Resubmit copies for approval
?- r your use ? Approved as noted ? Submit copies for distribution
(XAs requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO:? ?-? SIGNED?)p-}??? 1?r?J ?r v.rR.c C
if enclosures are not as noted, kindly notify us at once.
WITHERS ON RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
May 2, 2oo8
US Army Corps of Engineers NC-Division of Water Quality
Attn: Mr. Thomas Brown Attn: Ms. Cyndi Karoly
3331 Heritage Trade Dr, Ste 1o5 2321 Crabtree Blvd. D
Wake Forest, NC 27587 Raleigh, NC 27604 -
Re: Avon Forest SSA Rg?tKM
Request for 404/401 Certification and Buffer Compliance S
W&R Project Number- 02070757
NC-DWQ Exp #: 07-1353
Dear Mr. Brown and Ms. Karoly:
On behalf of Calnat, LLC and Four G's, LLC we are requesting authorization from the
USACE to use NWP 29 for the construction of a residential subdivision. We are also
requesting 4o1-Certification and Buffer Compliance from the NC-DWQ for the impacts
to jurisdictional waters and riparian buffers.
The subject property is approximately 5o acres in size and is located on the west side
of Brantley Road (SR 1166), immediately west of the intersection of Brantley Road
and US HWY 264 W at Latitude: 35.817076o°N, and Longitude: 78.245358o °W in
Middlesex, Nash County, North Carolina. The site contains unnamed tributaries to
Moccasin Creek and is located in the Neuse River Basin. The Water Quality
Classification for these features is: C; NSW, the Cataloging Unit for this site is:
03020203, and the Stream Index number is: 27-86-2.
Project History
Wetlands were delineated by Withers & Ravenel and site meetings were conducted
with the NC-DWQ on August 13, 2007 (DWQ EXP# 07-1353) to confirm our buffer
origins and intermittent/perennial determinations. Copies of the buffer letter, data
forms, and )D forms in support of our delineation are included with the attachments.
Proposed Impacts
The proposed impacts consist of 140 linear feet of unimportant/intermittent stream
channel and 9,254 square feet (Zl: 6,128 SF and Z2: 3,126 SF) of riparian buffer for
the installation of road. The impacts are summarized on the overall impact map as
well as the PCN form.
Avoidance and Minimization
Prior to site plan development, the applicant requested that a detailed wetland
delineation be conducted so that impacts to wetlands and `waters' could be
minimized. However, in order to access the southern portion of the tract, impacts to
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenet.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: 91o.842.8o19
stream channels could not be avoided. Impacts were minimized by crossing the
channel at a nearly perpendicular angle and through the use of steeper fill slopes at
the stream crossings.
Stormwater Management Plan
The proposed impervious for this project is expected to be approximately 11.8%,
therefore, a pre-approved stormwater management plan is not required. A
combination of level spreaders, filter strips, and grass swales will used to treat
stormwater and provide diffuse flow into the buffers. During construction the
applicant will utilize BMP devices to prevent sediment from entering jurisdictional
stream channels or wetlands.
Mitigation
Because the impacts are to an intermittent/unimportant stream channel and
because the impacts are less than 150 linear feet, mitigation is not being proposed.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
/ ?-
Todd Preuninger
Attachments -
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quadrangle Map
5) Wake County Soil Survey Map
6) Buffer Letter
7) Large Scale Site Drawings
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Avon Forest
2. T.I.P. Project Number or State Project Number (NCDOT Only)
NA
3. Property Identification Number (Tax PIN): PIN: 272500339372
4. Location
County: Nash Nearest Town: Middlesex
Subdivision name (include phase/lot number): Avon Forest
Directions to site (include road numbers/names, landmarks, etc.): The site is located on the
west side of Brantley Road (SR 1166), immediately west of the intersection of Brantley Road
and US HWY 264.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8170760 ON 78.2453580 °W
6. Property size (acres): 50.18 acres
7. Name of nearest receiving body of water: Moccasin Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently forested. Several residential homes are
located along Brantley Road on the north side of HWY 264.
10. Describe the overall project in detail, including the type of equipment to be used: This
project includes the development of 50.18 acres into a residential subdivision Large i4rading
equipment (i.e. bull dozers & trackhoes) will be used in clearing and grading the site.
Page 2 of 8
11. Explain the purpose of the proposed work: The purpose of the proposed work is to meet the
demand for residential housing in the immediate area.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Wetlands were delineated by Withers & Ravenel. A site meeting was
conducted with Ms. Lia Myott of the NC-DWQ on August 13, 2007 (DWQ EXP# 07-1353 to
confirm our buffer origin and intermittent/perennial determinations. Data forms and JD forms
are included with the attachments.
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 additional phases are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed consist of 140
linear feet of jurisdictional (unimportant/intermittent) stream channel and 9,254 square feet
(Z1: 6,128 SF and Z2: 3,126 SF) of riparian buffer for the installation of road.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Page 3 of 8
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: < 1 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreat?e. multiDly leneth X width. then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
Impact I UT to Moccasin Culvert/Permanent Intermittent 2 140 0.026
Creek
Total Stream Impact (by length and acreage) 140 0.026
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredaint?, flooding. drainage. bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the Droiect:
Stream Impact (acres): 0.026
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.026
Total Stream Impact (linear feet): 140
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No isolated wetlands are located on site.
Page 4 of 8
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond:
Size of watershed draining to pond: NA
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area: NA
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.
Prior to site plan development, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and `waters' could be minimized. However, in order to
access the southern portion of the property, impacts to a jurisdictional stream could not be
avoided. Impacts were minimized by crossing the channel at a nearly perpendicular angle and
through the use of steeper fill slopes at the stream crossings.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
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
Page 5 of 8
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.nc.us/ncwetiands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the impacts are to an unimportant/intermittent stream channel and because the
impacts are less than 150 linear feet, mitigation is not proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.btm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 6 of 8
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multivliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 6,128 3 (2 for Catawba) NA
2 3,126 1.5 NA
Total 9,254 NA
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
XII.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Buffer mitigation is not required due to the
fact the crossing is less than 150 linear feet and buffer impacts are less than 1/3 of an acre.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The proposed impervious for this project is
expected to be approximately 11.8%. therefore a nre-annroved stormwater management elan is
not required. A combination of a level spreaders, filter strips, and grass swales will treat
stormwater and provide diffuse flow into the buffers. During construction the applicant will
utilize BMP devices to prevent sediment from entering iurisdictional stream channels or
wetlands.
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.
On-site septic systems.
Page 7 of 8
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We do
not believe that this project will result in additional development nor do we believe that the
project will have a negative impact on downstream water quality. Grass swales and level
spreaders followed by 50-foot riparian buffers will be used to treat stormwater before it exits the
site.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature bale
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 1- 3 5 3 UP,
(11 any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
PAID
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 & Buffer Compliance
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), the IMM t1 ?`/ m O
II. Applicant Information t1
MAY 2 20
2(?08
Owner/Applicant Information Dt,,,
Name: Calnat LLC & Four G's LLC Attn: Mic%J%L*W,wy
Mailing Address: 3408 Corsham Drive
Apex, NC 27539
Telephone Number: 919-369-6328 Fax Number: 919-779-7031
E-mail Address: M Jolley@.bellsouth.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 Mackenan Drive
Carv NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: Tpreuningergwithersravenel.com
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
Page 1 of 8
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WITHERS RAVENEL
Site Access/Agent Authorization Form
Project Name:
ENGINEERS I PLANNERS I SURVEYORS

Property Owner/Contract Purchaser: C/44
i1aut^
Address: 5*F 64r.Aam PrIlw-
?cr, NG 2539
Phone: IN- 30-63ZS
Fax:. 1q- 77q- 79931
Email: /?'il
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: Ili to /.. I t Date:
ri t Name)
(Signature)
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WITHERS ? RAVENEL
ENGINEERS PLANNERS SURVEYOR' TOPOGRAPHIC QUADRANGLE LT I"= 2000' 7
?
Ferrell Tract
111 MacKenan Drive Cary, North Carolina 27511 Nash County, NC
Date: Job Number:
tel:[phone] fax: [phone]
7/25/07
02070757
www. withersravenel. cam Middlesex Quadrangle
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WITHERS RAY E N E L SOIL SURVEY ENC °= 2ooor 2
ENGINEERS PLANNERS SURVEYORS
Farrell
111 MacKenan Drive Cary, North Carolina 27511 Tract
HASH COUNTY, NORTH CAROLINA Approved By: Date: Job Number:
tel:[phone] fax: [phone] 7126107
TP 02060446.00
www.withersravenel.com MIDDLESEX QUADRANGLE
O?O? W A T QG
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August 17, 2007
Withers and Ravenel
Attn: Mr. Todd Preuninger
11 I MacKenan Drive
Cary, NC 27511
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
RFc??v
q?G 22 FO
dithers X407
? Ravnene/
Privette Tract (formerly Ferrell Tract)
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1353
Nash County
ffltv?'_
ao-7 -7 5'7
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 213
.0233)-EXPRESS REVIEW PROGRAM
On August 13, 2007, at your request, an on-site determination was conducted to review three stream features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features
are labeled as "A", "B", and "C" on the attached map, initialed by Lia Myott on August 17, 2007. The Division
of Water Quality (DWQ) has determined that the following:
• Feature "A " is subject to the Neuse Buffer Rule at the flag labeled "A 1 ". The feature is an intermittent
stream at that location.
• Feature "B " is subject to the Neuse Buffer Rule at the flag labeled "B 1 ". The feature is an intermittent
stream at that location with a perennial pool located at the pond location shown on your Wetland Sketch
Map.
• Feature "E" is an ephemeral feature and is therefore not subject to the Neuse Buffer Rule on the
property.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream
and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. Nor does
this letter approve any activity within Waters of the United States or Waters of the State. have any
questions, please contact Lia Myott at 919.733.9502. Din n/?
Sincerely,
f' Co en H. Sullins, Director
CHSlcbkllem
C'
.1 Oversight/ Express Review Permitting Unit
50 Mai 1 Service Center, Raleigh, North Carolina 27699-1650
21 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
.one: 919-733-1786 / FAX [phone] / Internet: httD://h2o.err. state.nc.us/ncwetlands
DENR -WATER UUAUTY
AND STORNWATER BRANCH
?n I I -o o%
- N hCarolina
Noaturally
t Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Withers & Ravenel
Page 2 of 2
August 17, 2007
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: DWQ Raleigh Regional Office
File Copy
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EMG+YEERS PLANNERS SURVEYORS SOIL SURVEY ENC 'n=2000r
Farrell Tract
111 MacKenan Dnve Cary, North Carolina 27511
MASH COUNTY, NORTF' CAR®LINA Approved By: Date: Job Number:
te1:919-469-3340 fax: [phone]
7126107

wwwwithersravenel.com
MIDDLESEX QUADRANGLE TP 02060446.00
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Wake City: Cary
Center coordinates of site (lat/long in degree decimal format): Lat. 35.8170760° N, Long. 782453580` NV
Universal Transverse Mercator:
Name of nearest waterbody: Moccasin Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020203
H Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc._) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION I1: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appvar to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the review area. [Required]
? Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are and are not "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
® Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 150 linear feet: 3 width (ft) and/or NA acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):}
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
r For proposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months)-
3 Supporting documentation is presented in Section 111. F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.L; otherwise, see Section IILB below.
1. TNW
Identify TNW: NA.
Summarize rationale supporting detennination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": NA.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section II I.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 3tlacj eti
Drainage area: 30 acres
Average annual rainfall: 42 inches
Average annual snowfall: - 10 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through tributaries before entering TNW.
Project waters are 10-15 iver miles from TNW.
Project waters are I (or less) river miles from RPW.
Project waters are 5-10 ?crial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: NA_
Identify flow route to TN W5: UT to Moccasin Creek to Contentnea Creek to the Neuse River.
Tributary stream order, if known: Ist.
`Note that the Instructional Guidebook contains additional information regarding swates, ditches, washes, and erosional features generally and in the and
West-
' Flow route can be described by identifying, e_g_, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 1-3 feet
Average depth: < I feet
Average side slopes: d:l (or greater).
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
® Cobbles ® Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stable banks.
Presence of run/riffle/pool complexes. Explain: Weak.
Tributary geometry: Relatively ,t raighi
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Intermittent but not seasonal flow
Estimate average number of flow events in review area/year: 20 (or _,rcater)
Describe flow regime: outside the growing and into it some.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
® changes in the character of soil ?
? shelving
? vegetation matted down, bent, or absent
? leaf litter disturbed or washed away ?
® sediment deposition ?
® water staining ?
? other (Iist):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the brealc
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): > 100`.
? Wetland fringe. Characteristics:
? Habitat for
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species- Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flew Relationship with Non-TNW:
Flow is: Pick List- Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated byberm/banier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick I ist river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain,
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if anv)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus Findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III_D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: Iinearfeet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that now directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial::
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 111.6. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
M Tributary waters: 150 linear feet 2-3 width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters .9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
C( Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook
1o Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e_, rivers, Streams): linear feet width (ft).
? Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres-
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
0 Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the appIicant/con sultan t:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
? U.S. Geological Survey map(s). Cite scale & quad name: Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation: .
? National wetlands inventory map(s). Cite name:
0 State/Local wetland inventory map(s):
FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
[? Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This form is for an intermittent stream.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project # - 02060446.00/ Ferrell Tract Date: 7-26-2007
Applicant /Owner: Jollev's Construction Inc. County: Nash
State: NC
Investigator: Elizabeth & Luke : Withers & Ravenel Inc.

Do normal circumstances exist on the site? Yes 0 Non
Is the site significantly disturbed (Atypical situation)? Yes ? No ID Community ID: Wetland
Is the area a potential problem area? Yes ? No Transect ID: flag 07 DF1
(explain on reverse if needed) PlotID: headwater forest
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Clethra alnifolia Shrub FACW 9. Ouercus alba Tree FACU
2. Viburnum nudum Shrub FACW+ 10. Liquidambar styraciflua Tree FAC+
3. Osmunda regalis Herb OBL 11. Liriodendron tulipifera Tree FAC
4. Arisaema triphyllum Herb FACW- 12. Ulmus americana Tree FACW
5. Toxicodendron radicans Vine FAC 13.
6. Smilax rotundifolia Vine FAC 14.
7. Eulalia viminea Grass FAC+ 15.
8. Acer rubrum Tree FAC 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 92%
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
F1 Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other ? Inundated
Saturated in Upper 12"
No Recorded Data Available II Water Marks
0 Drift Lines
Field Observations: II Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) ? Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Present
SOILS
Map Unit Name
(Series and Phase): Nason loam, 6-10% slopes Drainage Class: well drained
Taxonomy (Subgroup): thermic Typic Hapludults Confirm Mapped Type? Yeso Noo
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B 10YR 3/2 Sandy Clay Loam
6-12 C IOYR 6/1 1OYR 5/6 30% Sandy Clay Loam
Hydric Soil Indicators:
E] Histosol ? Concretions
II Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
j] Sulfidic Odor Organic Streaking in Sandy Soils
II Aquic Moisture Regime [Listed On Local Hydric Soils List
II Reducing Conditions []'Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
Hydric Soils Present
WE 1 LAND Ut 1 EKMINA 1 IUN
Hydrophytic Vegetation Present? Yes No II
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Is the Sampling Point
Within a Wetland? Yeso NoE]
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project # - 02060446.00/ Ferrell Tract Date: 7-26-2007
Applicant I Owner: Jolley's Construction Inc. County: Nash
State: NC
Investigator: Elizabeth & Luke ; Withers & Ravenel Inc
Do normal circumstances exist on the site? Yes No
Is the site significantly disturbed (Atypical situation)? Yes ? No Community ID: Upland
Is the area a potential problem area? Yes ? No E Transect ID: --
(explain on reverse if needed) PlotlD:mixed
pine/hardwood
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fagus randifolia Tree NI 9.
2. Ouercus alba Tree FACU 10.
3. Pinus taeda Tree FAC 11.
4. Ilex opaca Tree FAQ- 12.
5. Oxydendrum arboreum Tree NI 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 33
Remarks:
Hydrophytic Vegetation Absent
HYDROLOGY
L] Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other ? Inundated
Saturated in Upper 12"
21 No Recorded Data Available ? Water Marks
Drift Lines
Field Observations: 0 Sediment Deposits
L] Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) ? Oxidized Roots Channels in Upper 12"
[] Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) ? Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Absent
SOILS
Map Unit Name
(Series and Phase): Nason loam: 6-10% slopes Drainage Class: well drained
Taxonomy (Subgroup): thermic Typic Hapludults Confirm Mapped Type? Yes? NoM
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-12 10YR 6/6 Loam
Hydric Soil Indicators:
n Histosol II Concretions
Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
II Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
[] Reducing Conditions Listed on National Hydric Soils List
n Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes Q No M
Wetland Hydrology Present? Yes L] No
Hydric Soils Present? Yes ? No
Is the Sampling Point
Within a Wetland? Yes[] Nom
Remarks:
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorization Form
Project Name: JUD
N ask N c'
Property Owner/Contract Purchaser: 4 ?LC Z::0 S L?
Address: 3*8 64r.Aam Priye.
Nc ?y39
Phone: I/?- 30-6328
Fax: q(q-7?`l-?o3/
Email: m,)01kV#bd15oU
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
'ro l??y
Property Owner: /Y1 rn /hGri?6 Cal that L? Date:
ri t Name)
- g (k 0 (??
(Signat
Date: ?2,c-) U
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded
in the Nash County Registry prior to the conveyance of lots. Said Deed Notification shall apply to Avon
Forest, lot numbers 6-16, 21-22, 25-30 and 36-38 in Nash County, North Carolina as shown on plans
titled Construction Drawings for Avon Forest - Nash County, NC, prepared by Withers & Ravenel,
Inc, dated April 18, 2008.
"A portion of this lot has been determined to meet the requirements for designation as a wetland, stream
or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent additional wetland, stream or buffer filling or
draining, so the property owner should not assume that a future application for filling or draining would
be approved. The property owner shall report the name of the subdivision in any application pertaining
to said rules. This covenant is intended to ensure continued compliance with all rules adopted by the
State of North Carolina and therefore the State of North Carolina may enforce benefits. This covenant is
to run with the land and shall be binding on all Parties and all persons claiming under them".
Signature: 0 &
Michael D. Jo ey, anaging Member, Calnat, LLC
Owner's name: Calnat, LLC & Four G's, LLC
Address: 3408 Corsham Drive
City, State, Zip Code: Apex, NC 27539
Phone Number: [phone]
STATE OF North Carolina
COUNTY
C, a Notary Public of the State of North Carolina,
County, hereby certify that personally appeared before me this day and
executed by above certification.
Witness my hand and notorial seal, this ZS day of kl? 11 2cc '
Notary Public
My commission expires: to
? IE M,,4
r •.
NOTAR
P(J
80
CO Utjj
Permit Number:
(to be provided by DWQ)
Drainage Area Number: W r 7
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
- Immediately after the filter strip is established, any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks).
- Once a year, the filter strip will be reseeded to maintain a dense growth of
vegetation
- Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation.
- Two to three times a year, grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC,1993). Forested filter strips do not require this type of maintenance.
- Once a year, the soil will be aerated if necessary.
- Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours
after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire filter strip Trash/ debris is present. Remove the trash/ debris.
system
The flow splitter device The flow splitter device is Unclog the conveyance and dispose
(if applicable) clogged. of any sediment off-site.
The flow splitter device is Make any necessary repairs or
damaged. replace if damage is too large for
re air.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3
BMP element: Potential problem: How I will remediate the problem:
The swale and the level The Swale is clogged with Remove the sediment and dispose
lip sediment. of it off-site.
The level lip is cracked, Repair or replace lip.
settled, undercut, eroded or
otherwise damaged.
There is erosion around the Regrade the soil to create a berm
end of the level spreader that that is higher than the level lip, and
shows stormwater has then plant a ground cover and
bypassed it. water until it is established. Provide
lime and a one-time fertilizer
application.
Trees or shrubs have begun Remove them.
to grow on the swale or just
downslo a of the level lip.
The bypass channel Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then
reestablish proper erosion control.
Turf reinforcement is Study the site to see if a larger
damaged or ripap is rolling bypass channel is needed (enlarge if
downhill. necessary). After this, reestablish
the erosion control material.
The filter strip Grass is too short or too long Maintain grass at a height of
if applicable). approximately three to six inches.
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Sediment is building up on Remove the sediment and
the filter strip. restabilize the soil with vegetation if
necessary. Provide lime and a one-
time fertilizer application.
Plants are desiccated. Provide additional irrigation and
fertilizer as needed.
Plants are dead, diseased or Determine the source of the
dying. problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application.
Nuisance vegetation is Remove vegetation by hand if
choking out desirable species. possible. If pesticide is used, do not
allow it to get into the receiving
water.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality local Regional Office, or the
outlet. 401 Oversight Unit at 919-733-1786.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 Of 3
Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: Avon Forest (Nash County NC)
BMP drainage area number: L-G
Print name: Michael D. J
Title: Managing,Member Calnat LLC
Address: 3408 Corsham Drive Apex NC 27539
Phone
28
Mi P
Signature: -
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
a Notary Public for the State of
r s C'r ,,, c 0 , , County of do hereby certify that
personally appeared before me this 2'-S
day of f sru°s , and acknowledge the due execution of the
forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.
Witness my hand and official seal,
'p llIuuiirrt/,
1E hft
SEAL
My commission expires
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3
e??
NCDENR
W a 7C9
? Y
ti.
0
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT
This form must be completely filled out, printed and submitted.
DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)!
I. PROJECT INFORMATION
Project name Avon Forest (Nash County, NC)
Contact name Brad Hart, PE, Withers & Ravenel, Inc.
Phone number 919-469-3340
Date April 18, 2008
Drainage area number Lot 7
II. DESIGN INFORMATION
For Level Spreaders Receiving Flow From a BMP
Type of BMP N/A
Drawdown flow from the BMP 141A cfs
For Level Spreaders Receiving Flow from the Drainage Area
Drainage area 77,550.00 ft2
Impervious surface area 18,200.00 ftZ
Percent impervious 23.47 %
Rational C coefficient 0.41
Peak flow from the 1 in/hr storm 0.73 cfs
Time of concentration 5.00 min
Rainfall intensity, 10-yr storm -2 In/hr
Peak flow from the 10-yr storm 5, Z7 cfs
Where Does the Level Spreader Discharge ?
To a grassed bioretention cell? N (Y or N)
To a mulched bioretention cell? N (Y or N)
To a wetland? N (Y or N)
To a filter strip or riparian buffer? Y (Y or N) Please complete filter strip characterization below.
Other (specify) NIA
Filter Strip or Riparian Buffer Characterization (if applicable)
Width of grass 30.00 ft
Width of dense ground cover 0.00 ft
Width of wooded vegetation 0.00 ft
Total width 30.00 ft
Elevation at downslope base of level lip 255.80 fmsl
Elevation at top of bank of the receiving water 254.00 fmsl
Slope (from level lip to to top of bank) 6.00 %
Are any draws present? N (Y or N)
Level Spreader Design
Forebay surface area 365.00 sq ft
Feet of level lip needed per cfs 13 ft/cfs
Answer "Y" to one of the following:
Length based on the 1 in/hr storm? N (Y or N)
Length based on the 10-yr storm? Y (Y or N)
Length based on the BMP discharge rate? N (Y or N)
Design flow 5.27 cfs
Is a bypass device provided? N (Y or N)
OK
OK
A bypass device s not needed.
Form SW401-Level Spreader, Fitter Strip, Restored Riparian Buffer-Rev.5 Parts I. and H. Design Summary, page 1 of 2
Length of the level lip
Are level spreaders in series?
Bypass Channel Design (if applicable)
Does the bypass discharge through a wetland?
Does the channel enter the stream at an angle?
Dimensions of the channel (see diagram below):
M
B
W
Y
Peak velocity in the channel during the 10-yr storm
Channel lining material
70.00 ft
N (Y or N)
NIA (Y or N) Do riot cu npiete t s sect!on ... the wcksheel
(Y or N) ^,o rm Go-pi?te tats sec?: r c' ih, x•orksheeI
o nct _or. pleIe'?rs sectio.. of the worksheet.
ft o r.-t co, n ete'n sect,., :'the worksheet
ft Do !i' tt . Y'C)?et9'.tl `i sector ?, the 'worksheet.
ft _ o net ?.. ": plct ;hs se"tnr: the.:y"As" feet.
ft - o not _0 plete this-: seet;on of ;he wcrksheet
CfS Dc riot complete This sectio of the wcrksheet.
Do not complete this sector of the worksheet
? •

t •------------
y t
•
M
M
i B i
Form SW401-Level Spreader, Fitter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 2 of 2
11111., REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Pagel Plan
In'tial Sheet No.
ARIC6 1. Plans (1" - 50' or larger) of the entire site showing:
- Design at ultimate build-out,
- Off-site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Forebay (if applicable),
- High flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW), and
- Boundaries of drainage easement.
2. Plan details (1" = 30' or larger) for the level spreader showing:
- Forebay (if applicable),
- High flow bypass system,
- One foot topo lines between the level lip and top of stream bank,
- Proposed drainage easement, and
- Design at ultimate build-out.
3. Section view of the level spreader (1" = 20' or larger) showing:
- Underdrain system (if applicable),
- Level lip,
- Upslope channel, and
- Downslope filter fabric.
N 4. A date-stam d hotogra h of the filter strip that clearly shows the typeqf vegetation tha is re ent.
Fr?rrcR 5) R1, To con157RuGTED To c^?tE (090 /nW. S'f 4W'#SS' c6yeR,
5. A construction sequence that shows how the level spreader will be protected from sediment until the entire
drainage area is stabilized. 11Y6LODED lAt F/GT6OC STieIP/L??'EL SiPRrMeX. DE-QJL-.
6. The supporting calculations.
A11,4 7. A copy of the signed and notarized operation and maintenance (0&M) agreement.
AIN 8. A copy of the deed restrictions (if required).
Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Part III, page 1 of 1