20051677 Ver 1_401 Application_20050907

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SKELLY AND LOY, LLP
6404 Falls of the Neuse Road, Suite 103
Raleigh, North Carolina 27615
[phone] • FAX [phone]
www.skellyloy.com
TO: qO1 EXPrCJ 3
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DATE 17/or JOB NO. Jsf -n 4teCl('
ATTENTION Y0/
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DENR. WATER QUALITY
4YETLA14DS AND STORMWATER BRANCH
WE ARE SENDING YOU ,)Z,( Attached ? Under separate cover via
? Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?
the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION
g 9 6/oS L.U i ; o •. 5`12

THESE ARE TRANSMITTED as checked below:
jq' For approval ? Approved as submitted ? Resubmit copies for approval
For your use ? Approved as noted ? Submit copies for distribution
k7 As 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
If enclosures are not as noted, kindly notify us at once.
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16
Office Use 0111y: Fonn Version May 2002
O S - l 6-1-1
USACE Action ID No. DWQ No. 457-14_80_-
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit F-] Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Pen-nit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: Fj
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: D
Owner/Applicant Information
SEP 7 2005
DE14R - WATER QUALITY
Name: Atlantic Homes, LLC; Jonathan Skinner YdETUMSNOSTORMA'ATERBRANCH
Mailing Address: 729 Thimble Shoals Blvd., Suite 6-C Newport News, VA 23606-
4242
Telephone Number: [phone]; [phone] Fax Number: _
E-mail Address: iskinner(a),mccaledev.com
2. Agent/Consultant Infonnation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jav Keller
Company Affiliation: Skelly and Loy, LLP
Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615
Telephone Number: 919-878-3535 Fax Number: 919-878-3550
E-mail Address: jkeller(a?,skellyloy.com
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 U check here:
n
H. Applicant Information rvr? ?' D
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111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Austin Creek Subdivision Phase I
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1850750670
4. Location
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Austin Creek Phase I
Directions to site (include road numbers, landmarks, etc.): Approximately 2 miles east of
downtown Wake Forest on NC-98 (Wait Ave.).
5. Site coordinates, if available (UTM or Lat/Long): N 35° 57.7'; W78° 28.1'
(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): 51.78 acres
7. Nearest body of water (strcam/river/sound/occan/lake): Austin Creek (west property
line).
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://l12o.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: Mostly forested tract with pastures on east side.
Three perennial streams confluencinq in southeast property area and then
converging with Austin Creek in southwest corner. Two high power electric lines;
first proceeds southeast to northwest through property; second intersects main line
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in center and proceeds to electric substation adjacent to NC-98. Existing sewer
treatment system & sewer lines on-site in south area. Adjacent land uses include
residential, forested and agricultural areas.
10. Describe the overall project in detail, including the type of equipment to be used: To
construct Phase I of Austin Creek Subdivision. One isolated wetland totaling 7,218
square feet (0.17 acres) will be impacted as part of this project. Equipment to be
used includes trackhoes, bulldozers, and other land grading equipment.
11. Explain the purpose of the proposed work: The removal of the isolated wetland will be
necessary to complete Phase I of the Austin Creek Subdivision, thus sustaining the
development of the proposed subdivision.
IV. Prior Project History
If jurisdictional detenninations and/or pen-nits 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 pen-nits issued for prior segments of the same T.I.P. project, along with
construction schedules.
n/a
V. Future Project Plans
Are any future pen-nit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Not at this time.
Vt. 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, pennanent
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 fornis 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.
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Provide a written description of the proposed impacts: Permanent impacts to one
isolated wetland totaling 0.17 acres are anticipated for this project. The farm pond
was created to provide water for farm operations. However, inadequate hydrology
has kept water depths at approximately 2 feet and it is dominated by Salix nigra
(Black Willow) trees and algae. Impacts to the wetland include grading.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(ycs/no) Distance to
Nearest Stream
(linear feet)
"Type of Wetland***
Grading 0.17 no 750 if Agricultural pond

List each impact separately and identity temporary nnpacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains arc identified through the Federal Emcrgcncy 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 littp://www.fcnia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., fccsliwatcr/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1 acre
Total area of wetland impact proposed: 0.17 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Strcarn Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
N/A

List each impact scparatciy and identity 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 nainc, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS snaps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several interret sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
4. Individually list all open water impacts (including lakes, ponds;
Ocean and any other water of the U.S.) below:
0
estuaries, sounds, Atlantic
Open Water Impact
* Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
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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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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. This pre-construction
notification application is for the authorization of isolated wetland associated with the
proposed subdivision. The isolated wetland proposed to be permanently impacted total
approximately 0.17 acres and is of limited function and value. This chosen layout is the
most practical alternative which provides for the best use of all lands and waters
affected by the subdivision. A primary reason of the 0.17 acres of isolated wetland
impacts is justified is due to the limited, minor, impacts to the surrounding environment.
Additionally, all private building lots will not extend into the Neuse River Buffer Areas.
The financial viability of this project depends on the development of this pond area.
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
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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
htt1)://li2o.enr.state.tic.us/ncwetiancls/stnn,,Qide.litm1.
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 project will establish and maintain wetland and upland vegetated buffers to
protect open waters along Austin Creek and its tributaries. Please refer to Overall
Site Layout (Drawing Cl) hatched areas for open space and greenway dedication
areas. Moreover, all streams and their associated buffers not dedicated to the town
of Wake Forest will be private open space. The proposed wetland impact is
allowable without mitiaation.
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 detennine 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/itidex.litm. 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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
n/a
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)?
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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 n 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 determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(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 infortnation:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 n/a
2 13,940 sf 1.5 n/a
Total 13,940 sf n/a
Gone t mcnas out sU feet perpenufCUlar iroin near bank of channel; Lone 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 information as
identified within 15A NCAC 2B .0242 or.0260. Riparian buffer mitigation is not
required.
XI. Stormvvater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss
storfnwater controls proposed in order to protect surface waters and wetlands downstream from the
property. Total acreage: 191.81 acres. Phase I acreage: 51.78 acres. Impervious areas
(Phase 1): existing-0; proposed-630,632.29 SF (14.48 Ac.); 14.48 Ac/51.78 Ac = 27.96%.
Proposed impervious surfaces include, but are not limited to: roads, sidewalks, buildinq
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footprints & driveways. While under construction, temporary, custom sedimentation basins will
be installed outside of the buffers to protect them against sedimentation along with other
appropriate sedimentation and erosion control measures in compliance with the Wake County
Sedimentation and Erosion Control requirements.
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.
To City of Raleigh (formerly Wake Forest) Smith Creek Waste Water Treatment Plant.
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 M
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 pen-nits. 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).
9l6los
Applicant/Agent's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
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