20051837 Ver 1_Complete File_20060530

r-Ecosystem
PROGRAM
INVOICE
Jeffrey Vittert
Midland Tryon, LLC
4601 Creekstone Drive
Durham, NC 27703
Project: Tryon Village, Additional Buffer
mm 3 0 2006
DENR - WATER QUALITY
?TLAND8 AND STORMWATER BRANCH
May 12, 2006
DWQ#: 05-1837v.2
COE#: N/A
County: Wake
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 211.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Chris Mankoff at 919-716-1921.
Riparian Wetlands 0 acres x $ 26,246.00 = $
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $
Saltwater Wetland 0 acres x $ 131,230.00 = $
Stream 0 linear feet x $ 219.00 = $
Buffer - Zone 1 726 square feet x $ .96 = $ 696.96
Buffer - Zone 2 65 square feet x $ .96 = $ 62.40
Total amount of payment $ 759.36
Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please call 919-716-1921 for an overnight mailing address or for an appointment to hand deliver the payment.
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Eric Kulz, DWQ Regional Office - Raleigh
File
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Eco stem
sY
PROGRAM
INVOICE
Jeffrey Vittert
Midland Tryon, LLC
4601 Creekstone Drive
Durham, NC 27703
Project: Tryon Village, Additional Buffer
F2@[29W12 B
MAY 3 0 2006
May 12, 2006 OENR - WATER QUALITY
DWQ#: 05ACTO V92W STORMWATER BRANCH
COE#: N/A
County: Wake
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 21-1.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Chris Mankoffat 919-716-1921.
Riparian Wetlands 0 acres x $ 26,246.00 = $
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $
Saltwater Wetland 0 acres x $ 131,230.00 = $
Stream 0 linear feet x $ 219.00 = $
Buffer - Zone 1 726 square feet x $ .96 = $ 696.96
Buffer - Zone 2 65 square feet x $ .96 = $ 62.40
Total amount of payment $ 759.36
Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please call 919-716-1921 for an overnight mailing address or for an appointment to hand deliver the payment.
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Eric Kulz, DWQ Regional Office - Raleigh
File
R ?.sto?l> ... ... Prot" Oar .tta t&
F"WA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 4, 2006
Midland Tryon, LLC
Attn: Jeffrey Vittert
4601 Creekstone Drive
Durham, NC 27703
Subject Property: Tryon Village
UT to Speight Branch [27-43-3.5, WS-III NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ # 05-1837v.2
Wake County
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
with Additional Conditions-
Dear Mr. Vittert:
You have our authorization, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 242 square feet (ft) of Zone 1 of the protected riparian
buffers and 43 square feet (ft2) of Zone 2 of protected riparian buffers to construct the third
culvert and associated dissipater pad at the Tryon Village project, as described within your
application dated April 21, 2006. This letter shall act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Non-
discharge regulations.
This authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to follow
the conditions listed below.
The Additional Conditions of the Authorization are:
Impacts
No other impacts are authorized including incidental impacts:
Impact Type Amount (Units) Mitigation Reference
Zone 1 buffer 242 (ft) 726 ft PCN form; Sheet 12 of 13
Zone 2 buffer 43 (ft) 65 (ft) PCN form; Sheet 12 of 13
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
Nye Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Tryon Village
Page 2 of 4
May 4, 2006
2. Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 242
square feet (ft) of Zone 1 and 43 square feet (ft) of Zone 2 as required under this
authorization and 15A NCAC 2B .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem
Enhancement Program (NC EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 213 .0233(9)(C). Until the NC EEP receives
and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this variance approval shall occur. Ms. Susan Klimek
should be contacted at [phone] if you have any questions concerning payment
into the EEP. For accounting purposes, this buffer authorization authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 791 ft2 of
required riparian buffer mitigation for impacts to 285 ft2 of protected riparian
buffers; 03-04-02, 27-43-3.5 river and subbasin.
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0242) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ
Wetlands/401 Unit for review and approval. No impacts shall occur to the protected
buffers until the mitigation plan is approved by the DWQ.
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
Tryon Village
Page 3 of 4
May 4, 2006
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
4. Diffuse Flow Measures
All stormwater runoff on this project shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
In an effort to comply with the diffuse flow provision of the Buffer Rule [15A NCAC
02B .0233(5)], you have provided the Division with level spreader designs submitted
with the PCN Application dated October 11, 2005. The Division believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow
as per 15A NCAC 02B .0233(5) is not achieved, then the Division shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior written authorization from
the Division.
,The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances and on all lots containing these structures including future
access for maintenance. The stormwater easements shall allow for the ability to maintain
the structures, perform corrective actions as described above and shall provide protection
of the structures from potential alternations by future property owners.
5. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
6 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources has released the
project.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place. prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
Tryon Village
Page 4 of 4
May 4, 2006
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit website at: http://h2o.enr.state.nc.us/ncwetlands. The text of the
sample deed notification may be modified as appropriate to suit to this project.
8. Certificate of Completion
Upon completion of all work approved within the Buffer Authorization and any
subsequent modifications, the applicant is required to return the attached Certificate of
Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call
Amy Chapman at [phone]. This letter does not authorize any impacts to either Waters of
the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these
waters.
Sincerely,
AWK/cbk/asc
Enclosures: Certificate of Completion
NCEEP Notification
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
NCEEP
File Copy
Central Files
Alan W. Klimek, P.E., Director
Kevin Yates, John R. McAdams Co., Inc., PO Box 14005, RTP, NC 27709
Bob Benfield, Planning Department, Town of Cary, PO Box 8005, Cary, NC 27512-8005
Filename: 051837V.2TryonVillage (Wake)NBR
??F. wA FF9Q Michael F. Easley, Governor
`Q ?i William G. Ross Jr., Secretary
fp t7North Carolina Department of Environment and Natural Resources
.C Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Midland Tryon, LLC, has permission as outlined below to impact 242
square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and 43 square feet (ft) of protected Zone 2
Neuse River basin riparian buffer for the purpose of constructing the third culvert at Tryon Village in the northwest
quadrant of Walnut Street and Tryon Road in Wake County. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Cary, NC
COUNTY Wake
BASIN/ SUB BASIN Neuse/030402, 27-43-3.5
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
242 square feet of Zone 1 Buffers 726 square feet of buffers
43 square feet of Zone 2 Buffers 65 square feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail
the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION
THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 051837V.2Tryon V illage(Wake)NBR-EEP
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Ny`
o Carolina
Ntura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

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Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www,johnrmcadams.com
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
v ? fly- X83"1
April 20, 2006
Ms. Amy Chapman
NC Division of Water Quality APR 2 1 2006
401 Wetlands Unit
2321 Crabtree Boulevard DENR -WATER CtUALITY
?ETIANDS AND STZATER BRANCH
Raleigh, NC 27604
Re: Installation of Third Culvert
Midland Tryon LLC, Tryon Village- Raleigh, NC
Project No.: MDL-05000
Dear Ms. Chapman:
m
On behalf of Midland Atlantic, LLC, the following is a response to the DWQ
request for more information letter, dated April 12, 2006. Please reference my
phone conversation(s) with Mr. John Dorney of the DWQ Central Office,
regarding the proposed installation of a third culvert for conveyance of a
perennial stream at a project known as Tryon Village. As well please
reference NC DWQ General Certification 3374 (DWQ Exp # 05-1837), issued
on November 7, 2005, and USACE Nationwide Permit 39 (Action ID#
200521018), issued on October 3, 2005, to Midland Atlantic, LLC. The
project site is located in the northwest quadrant of Walnut Street (SR 1313)
and Tryon Road ASR 1009), adjacent to an unnamed tributary to Speight
Branch, Cary, Wake County, North Carolina. The following is a brief
synopsis of the issue, proposed solution, with accompanying application
package, and a $200 check to NC DWQ.
ISSUE: The stream crossing in question is located on the western side of the
project, and is part of the North/ South Town of Cary connector. There are
currently two 84-inch culverts, with a dissipater pad that were permitted per
the originally submitted impact map (attached). However, as stated in our
phone conversation, the culverts were improperly installed and placed at an
elevation that would not effectively allow aquatic life passage. Due to the
existing culverts being cast in-place, it would not be economically or
environmentally practical to re-bury, due to blasting that would need to take
place to free the culverts.
Comprehensive Land Development Design Services
We help our clients succeed.
A
J
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
Ms. Amy Chapman
April 20, 2006
MDL-05000
Page 2
PROPOSED SOLUTION: The proposed solution is to install a third culvert
adjacent to the existing culverts to carry the base flow. This proposed culvert
has been sized at 54 inches, by our engineer, Fred Boone PE, to carry the base
flow. The other two existing culverts would carry any flows above this base
flow, similar to a floodplain or floodplain bench culvert design. The 54" pipe
is to be buried 1-foot per the conditions of the DWQ and USACE permits. All
three culverts will discharge onto a dissipater pad to help diffuse flows into
the adjacent wetlands. There will be no net increase in the stream or wetland
impact, however there will be an increase in the buffer impact of 285 SF
(0.007 acre), due to an increase in the dissipater pad.
Attached for your review are the following:
• Overall Site Plan titled: Grading and Storm Drainage Plan
• Original Road Crossing Exhibit titled: Wetlands Impact Exhibit
• Proposed Road Crossing Exhibits titled:
o Tryon Manor Drive Stream Crossing
o Culvert Profile Exhibit
o Culvert Elevation Exhibit
Please review these exhibits to determine if the design will meet the permit
condition for aquatic life passage. Consideration of this project is greatly
appreciated. If you should have any questions or require additional
information, please do not hesitate to contact me at [phone].
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
J. Kevin Yates
Senior Environmental/Wetland Scientist
Stormwater and Environmental Department
Enclosures
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. us - $ 31 Y
krl auy parttcutar item is not appucame to tnts project, please enter "Not Applicable" or "N/A".)
1. Processing
L Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Riparian Buffer Approval
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further t?
D %IF
II. Applicant Information APB 1 200
1. Owner/Applicant Information IR QUP"-N
Name: Midland Tryon, LLC u«gpsTC?????
Mailing Address: Attn: Jefferey Vittert
4601 Creekstone Drive
Durham NC 27703
Telephone Number: 919-941-9747 Fax Number:-919-941-9748
E-mail Address:
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: The John R. McAdams Company
Company Affiliation: Attn: Kevin Yates
Mailing Address: P.O. Box 14005
Research Triangle Park NC 27709
Telephone Number: 919-361-5922, x 271 Fax Number: 919-361-2269
E-mail Address: [e-mail]
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Tryon Village
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0772579245 - Pending
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The project site is locate in the
northwest quadrant of Walnut Street (SR 1313) and Tryon Road (SR 1009) (figures 1 and 2).
5. Site coordinates, if available (UTM or Lat/Long):35.7490 N, -78.7467 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 89.2 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Speight Branch
8. River Basin: Neuse - HUC 03020201
(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/mgs/.)
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 under construction for commercial and
residential development. Land use in the vicinity is a combination of commercial (east).
residential (west), and institutional (south). *NOTE: Features D & E on the Wake County
Soils Map(figure 2 are non-jurisdictional*
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:-
Equipment to be used includes a trackhoe and rubber-tired backhoe for the sewer installation
Typical road equipment will be used for the roads and erenway, such as front end loader,
bulldozer, and paving equipment.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
the infrastructure for future development of the parcel.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC conducted a detailed wetland delineation and Neuse River/Care buffer evaluation in July
2004. Ms. Andrea Wade (USACE) verified this delineation confirming features D & E on the
Wake County Soils map as non-jurisdictional (see figures 1& 2) The area adjacent to Walnut
Street was re-evaluated for the presence of jurisdictional wetlands in May 2005, due to rip-rap
located within the headwater wetland adjacent to the toe of slope An upland pocket was taken
out of the original wetland delineation due to lack of wetland criteria associated with the rip-rap
(see signed wetland maps) A pre-application meeting was held with Ms Wade on July 8 2005 to
discuss the project constraints as they relate to permitting The USACE/404 permit was re-issued
for impacts to waters of the U.S., on October 3 2005, by Ms. Jean Manuele of the Raleigh Field
Office. A buffer verification was made by Charles Brown of the Division of Water Quality on
March 21, 2000, referenced in the attached verification letter dated May 11 2000 The 401
certification was issued via Express Review on November 7 2006
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 required permits are expected 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 13
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:
2. Individually list wetland impacts below: (See Wetland/Stream/Buffer Impact Map)
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below: (See Figure 4 - Existing
Layout)
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
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, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
Type of Impact* Area of
Impact
Name Waterbody Type of Waterbody

(lake
pond
estuary
sound

(indicate on map)
(acres) (if
applicable) ,
,
,
,
bay, ocean, etc.)
N/A
List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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.
ISSUE: The stream crossing in question is located on the western side of the project and is >l art
of the North/ South Town of Cary connector. There are currently two 84-inch culverts with a
dissipater pad that were permitted per the originally submitted impact map (attached) However,
as stated in our phone conversation the culverts were improperly installed and placed at an
elevation that would not effectively allow aquatic life passage Due to the existing culverts being
cast in-place, it would not be economically or environmentally practical to re-bury, due to
blasting that would need to take place to free the culverts
PROPOSED SOLUTION: The proposed solution is to install a third culvert adiacent to the
existing culverts to carry the base flow. TThis proposed culvert has been sized at 54 inches bX
our engineer, Fred Boone PE to carry the base flow. The other two existing culverts would
carry any flows above this base flow, similar to a floodplain or flood-plain bench culvert design
The 54" pipe is to be buried 1-foot per the conditions of the DWO and USACE permits All
three culverts will discharge onto a dissipater pad to help diffuse flows into the adjacent
Page 9 of 13
wetlands. There will be no net increase in the stream or wetland impact however there will be
an increase in the buffer impact of 285 SF (0.007 acre) due to an increase in the dissipater pad.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htt!)://h2o.enr.state.nc.us/newetlands/strmgide.html.
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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htin. If use of
Page 10 of 13
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): (43,926 existing) + 285 proposed
Amount of Riparian wetland mitigation requested (acres): 0.464 acre
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
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 Multiplier Required
Page 11 of 13
(square feet) Mitigation
1 (road:impact sheet) 10,626 3 31
878
1(sewer: impact sheets) 4,124 ,
N/A
NEW DISSIPATOR PAD 242
IMPACTS
2 (road:impact sheet)

2(sewer:impact sheets) 8,032 1.5 12,048

NEW DISSIPATOR PAD 4267 N/A

IMPACTS 43 ?

Total 27,049 (18,658 of total
43
926
requires mitigation) ,
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
_ The applicant has made payment into the NC_EEP as part of the original application, and is
willing to make payment into the NC EEP to offset the newly proposed impacts It is uncertain
whether an increase in the dissipater pad will trigger additional mitigation
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
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.
No on-site sewer is proposed. Sewage is to be treated with an off-site municipal sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No r;l
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 12 of 13
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).
(Agent's signature is valid only if
letter from the applicant is provided.)
Page 13 of 13
SCALE: 1 "=40' MASTER PLAN INFRASTRUCTURE ENGINEERS/PLANNERS/SURVEYORS
RESEARCH TRIANGLE PARK, NC
DATE: 10-10-05 WETLANDS WALT F.XxmiT P.O. BOX 14005 ZIP 27709-4005
[phone]
j ft?t?F ROJECT NO. MDL-03010
THE JOHN R. McADAMS
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05-27-2005 [phone]
U V U`' NORTH CAROLINA DEPARTMEN'r op
T ENVIRONMENT AND NATURAL RESOURCES
`? MAY 1 DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
I OF WATER QUALITY
May 11, 2000
Ms. Jennifer Burdette
S&EC,Ine.
a 11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Neuse River Basin
Riparian Bilff'er Rules
NBRRO 00-111
Walnut & Tryon Site
Wake County
Dear Mr. Martin:
On March 21, 2000, I conducted a site visit of the feature involved in the above
referenced project. It was determined as a result of the site visit that the water channels
present on•the property are subject to the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 (NCAC 0233). The subject water channels and the
approximate start of the neuse buffers are indicated on the. attached map. The main channel
is an unnamed tributary of Speight Branch.
This office has assigned the reference number of NB1 RO 00-111 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 237.
Since Sly,
1es Brawn
Environmental Specialist
cc: John Dorney, DWQ
lneusbuf letlnbr001 I Met
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183E MAIL 99RVICL CENTER, RALEIGH, NORTH CAROLINA x7EDD•td8
PHONE 919-157t-4700 FAXPID-071-471:
AN EgUAL OPPORTUNITY 1 AFFIRMATIVE ACTION ENPLOVCR • E0% R64TCLawl 0% PONT-COHNUMKIt PAPER
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WalIR AND ST(RMW QUALITY
OATER BRANCH
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THE JOHN R. McADAMS
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27769
2905 Meridian Parkway
Durham, North Carolina 27713
806-7335646
919.361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy.-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmeadams.com
Since. 1979
COMPANY, INC.
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Midland Tryon, LLC
Address: 4601 Creekstone Drive, Durham, NC 27703
Phone: [phone]
Project Name/Description: Tryon Village
Date: 05/28/2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, suite 120
Raleigh, North Carolina 27615
Field Office:
Attn: Andrea Wade
Raleigh Regulatory Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the equitable property owner, hereby designate and authorize The John R.
McAdams Company, Inc. to act in my behalf as my agent in the processing of
permit applications, to furnish upon request supplemental information in
sup ort of applications, etc. from this day forward. The 27* - day of
2 ads.
This notification supersedes any previous correspondence concerning the
agent for this project.
NOTICE: This authorization, for liability and professional courtesy
reasons, is valid only for government officials to enter the property when
accompanied by The John R. McAdams Company, Inc. staff. You should
call The John R. McAdams Company, Inc. to arrange a site meeting prior
to visiting the site.
Print Pro erty Owner's Name
cc: My. Cyndi Karoli
NCDENR-DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
e y O er's Signature
Comprehensive Land Development Design Services
We help our clients succeed.
PRoncT No. MDL-03010 TRYON VILLLAGE I THE JOHN R. McADAMS
P'u"Amg: MDL03010-EX2 COMPANY, INC.
soda: MASTER PLAN INFRASTRUCTURE ENGIIIElRS/PLANNERS/SURVEYORS
1"=40' RESEARCH TRIANGLE PARK. NC
DATE: TRYON MANOR DRIVE SIRE" CROSSING P.O. BOX 14006 ZIP 27709-4006
03-31-06 [phone]
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DATE:
03-31-06 CULVERT ELEVATION PLO. BBOOX 14005 TRUNGIZZIP PARK. 06N4006
(919) 301_5000
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
V a. F7
April 20, 2006
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmcadams.com
Ms. Amy Chapman
NC Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard
Raleigh, NC 27604
a §@!gVP=J
APR 2 1 2006
WEDS AND gt( MWAT R BRANCH
V Ck
Re: Installation of Third Culvert
Midland Tryon LLC, Tryon Village- Raleigh, NC
Project No.: MDL-05000
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Dear Ms. Chapman:
On behalf of Midland Atlantic, LLC, the following is a response to the DWQ
request for more information letter, dated April 12, 2006. Please reference my
phone conversation(s) with Mr. John Dorney of the DWQ Central Office,
regarding the proposed installation of a third culvert for conveyance of a
perennial stream at a project known as Tryon Village. As well please
reference NC DWQ General Certification 3374 (DWQ Exp # 05-1837), issued
on November 7, 2005, and USACE Nationwide Permit 39 (Action ID#
200521018), issued on October 3, 2005, to Midland Atlantic, LLC. The
project site is located in the northwest quadrant of Walnut Street (SR 1313)
and Tryon Road (SR 1009), adjacent to an unnamed tributary to Speight
Branch, Cary, Wake County, North Carolina. The following is a brief .
synopsis of the issue, proposed solution, with accompanying application
package, and a $200 check to NC DWQ.
ISSUE: The stream crossing in question is located on the western side of the
project, and is part of the North/ South Town of Cary connector. There are
currently two 84-inch culverts, with a dissipater pad that were permitted per
the originally submitted impact map (attached). However, as stated in our
phone conversation, the culverts were improperly installed and placed at an
elevation that would not effectively allow aquatic life passage. Due to the
existing culverts being cast in-place, it would not be economically or
environmentally practical to re-bury, due to blasting that would need to take
place to free the culverts.
Comprehensive Land Development Design Services
We help oarr clients sricceed.
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
Ms. Amy Chapman
April 20, 2006
MDL-05000
Page 2
PROPOSED SOLUTION: The proposed solution is to install a third culvert
adjacent to the existing culverts to carry the base flow. This proposed culvert
has been sized at 54 inches, by our engineer, Fred Boone PE, to carry the base
flow. The other two existing culverts would carry any flows above this base
flow, similar to a floodplain or floodplain bench culvert design. The 54" pipe
is to be buried 1-foot per the conditions of the DWQ and USACE permits. All
three culverts will discharge onto a dissipater pad to help diffuse flows into
the adjacent wetlands. There will be no net increase in the stream or wetland
impact, however there will be an increase in the buffer impact of 285 SF
(0.007 acre), due to an increase in the dissipater pad.
Attached for your review are the following:
Overall Site Plan titled: Grading and Storm Drainage Plan
Original Road Crossing Exhibit titled: Wetlands Impact Exhibit
Proposed Road Crossing Exhibits titled:
o Tryon Manor Drive Stream Crossing
o Culvert Profile Exhibit
o Culvert Elevation Exhibit
Please review these exhibits to determine if the design will meet the permit
condition for aquatic life passage. Consideration of this project is greatly
appreciated. If you should have any questions or require additional
information, please do not hesitate to contact me at [phone].
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
J. Kevin Yates
Senior Environmental/Wetland Scientist
Stormwater and Environmental Department
Enclosures
Office Use Only: Form Version May 2002
USACE Action ID No. D W Q No. Y 31) ?
kxz any pai umuiw imin iN uut appucaole to tuts project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project: -
? Section 404 Permit ® Riparian or Watershe Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Riparian Buffer Approval
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coast eff t_Area of
Environmental Concern (see the top of page 2 for further details), ch : ?V?
l??
II. Applicant Information APR 2 i 2006
Owner/Applicant Information WETLA N iiiDR - ra`rER Q'UAUTY
Name: _ Midland Tryon, LLC SAND STORMWATER BRANCH
Mailing Address: Attn: Jefferey Vittert
4601 Creekstone Drive
Durham NC 27703
Telephone Number: 919-941-9747 Fax Number: 919-941-9748
E-mail Address:
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: The John R. McAdams Company
Company Affiliation: Attn: Kevin Yates
Mailing Address: P.O. Box 14005
Research Triangle Park NC 27709
Telephone Number:919-361-5922, x 271 Fax Number: 919-361-2269
E-mail Address: yates(a,iohnnncadams.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Tryon Village
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0772579245 - Pending_
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The project site is locate in the
northwest quadrant of Walnut Street (SR 1313 and Tryon Road (SR 1009) (figures 1 and 2).
5. Site coordinates, if available (UTM or Lat/Long):35.7490 N, -78.7467 W
(Note- If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 89.2 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Speight Branch
8. River Basin: Neuse - HUC 03020201
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.enr.state.nc.us/admin/ma?s/.)
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 under construction for commercial and
residential development. Land use in the vicinity is a combination of commercial (east)
residential (west), and institutional (south) *NOTE: Features D & E on the Wake County
Soils Ma(figure 2) are non jurisdictional*
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:-
Equipment to be used includes a trackhoe and rubber-tired backhoe for the sewer installation
Typical road equipment will be used for the roads and eenway, such as front end loader,
bulldozer, and paving equipment.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
the infrastructure for future development of the parcel.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC conducted a detailed wetland delineation and Neuse River/Cm buffer evaluation in July
2004. Ms. Andrea Wade (USACE) verified this delineation confirming features D & E on the
Wake County Soils map as non-jurisdictional (see figures 1& 2) The area adjacent to Walnut
Street was re-evaluated for the presence of jurisdictional wetlands in May 2005, due to rip-rap
located within the headwater wetland adjacent to the toe of slope An upland pocket was taken
out of the original wetland delineation due to lack of wetland criteria associated with the rip-rap
(see signed wetland maps) A pre-application meeting was held with Ms Wade on July 8 2005 to
discuss the project constraints as they relate to permitting The USACE/404 permit was re-issued
for impacts to waters of the U.S., on October 3 2005, by Ms Jean Manuele of the Raleigh Field
Office. A buffer verification was made by Charles Brown of the Division of Water Quality-on
March 21, 2000, referenced in the attached verification letter dated May 11 2000 The 401
certification was issued via Express Review on November 7 2006
V. Future Project Plans
- v
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 required permits are expected 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 13
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:
2. Individually list wetland impacts below: (See Wetland/Stream/Buffer Impact Map)
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

r

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httv://www.feina.%zov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below: (See Figure 4 - Existing
Layout)
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgYs.t:ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
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, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
Type of Impact* Area of
Impact
Name
Waterbody Type of Waterbody

(lake, pond
estuary
sound

(indicate on map)
(acres) p
(if
applicable) ,
,
,
bay, ocean, etc.)
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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.
ISSUE: The stream crossing in question is located on the western side of theproject, and is part
of the North/ South Town of Cary connector. There are currently two 84-inch culverts with a
dissipater pad that were permitted per the originally submitted impact map (attached) However,
as stated in our phone conversation the culverts were improperly installed and placed at an
elevation that would not effectively allow aquatic life passage Due to the existing culverts being
cast in-place, it would not be economically or environmentally practical to re-bury, due to
blasting; that would need to take place to free the culverts.
PROPOSED SOLUTION: The proposed solution is to install a third culvert adiacent to the
existing culverts to carry the base flow. This proposed culvert has been sized at 54 inches by
our engineer, Fred Boone PE, to carry the base flow. The other two existing culverts would
carry any flows above this base flow, similar to a floodplain or flood-plain bench culvert designn
The 54" pipe is to be buried I-foot per the conditions of the DWQ and USACE permits All
three culverts will discharge onto a dissipater pad to help diffuse flows into the adjacent
Page 9 of 13
wetlands. There will be no net increase in the stream or wetland impact however there will be
an increase in the buffer impact of 285 SF (0.007 acre) due to an increase in the dissipater pad.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://hZo.enr.state.nc.us/ncwetlands/stringide.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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htin. If use of
Page 10 of 13
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): (43,926 existing) + 285 proposed
Amount of Riparian wetland mitigation requested (acres): 0.464 acre
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
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 Multiplier Required
Page 11 of 13
(square feet) Mitigation
I (road:impact sheet ) 10,626
0, 3 31
878
I(sewer:impact sheets) 1224 ,
N/A
NEW DISSIPATOR PAD ,
IMPACTS 242 ?
2 (road:impact sheet)

2(sewer:impact sheets) 8,032 1.5 12,048

NEW DISSIPATOR PAD 4267 N/A

IMPACTS 43 ?
Total 27,049 (18,658 of total 43
926
requires mitigation) ,
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
The applicant has made payment into the NC EEP as part of the original application and is
willing to make payment into the NC EEP to offset the newly proposed impacts It is uncertain
whether an increase in the dissipater pad will trigger additional mitigation
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
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.
No on-site sewer is proposed. Sewage is to be treated with an off-site municipal sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 12 of 13
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).
(Agent's signature is valid only if
letter from the applicant is provided.)
Page 13 of 13
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DENR - WATER QUALITY
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'U\vj 15 NORTH CAROLINA DEPAR'CMEN'r or
ENVIRONMENT AND NATURAL. REsouRCEs
ISM
DIVISION OF WATER QUALITY
` MAY I
RALEIGH REGIONAL OFFIC9
OF WATER QUALITY
May 11, 2000
Ms. Jennifer Burdette
S&ECJnc.
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 00-111
Walnut & Tryon Site
Wake County
Dear Mr. Martin:
On March 21, 2000, 1 conducted a site visit of the feature involved in the above
referenced project. It was determined as a result of the site visit that the water channels
present on'the property are subject to the Neusc River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T1SA:02B.0233 (NCAC 0233). The subject water channels and the
approximate start of the neuse buffers are indicated on the. attached map. The main channel
is an unnamed tributary of Speight Branch.
This office has assigned the reference number of NBRRO 0-111 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 237.
Since ely,
les Bmwn
Environmental Specialist
cc: John Dorney, DWQ
1neusbuf letlnbr001 11.1et
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1026 MAIL I2RAVICZ CENTER, RAL6IOH, NORTH CAROLINA 27679.1$86
PHON[ 719-57t•4700 FAX [phone] O
AN EQUAL OPPORTUNITY 1 APFIRNATIVE ACTIOII EMPLOYER • 50% RECT"9011 o% ro*T-CONSuNRR PAPER
Il Since. 1979
THE JOHN R. McADAMS COMPANY, INC.
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-7335646
919.361-5000
919.361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-73a-5646
704-527.0800
704.527-2003 Fax
www.johnrmcadams.com
Name: Midland Tryon, LLC
Address: 4601 Creekstone Drive, Durham, NC 27703
Phone: [phone]
Project Narne/Description: Tryon Village
Date: 05/28/2005
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, suite 120
Raleigh, North Carolina 27615
Attn: Andrea Wade
Field Office: Raleigh Regulatory Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the equitable property owner, hereby designate and authorize The John R.
McAdams Company, Inc. to act in my behalf as my agent in the processing of
permit applications, to furnish upon request supplemental information in
sup ort of applications, etc. from this day forward. The 2701- day of
2 OAT
This notification supersedes any previous correspondence concerning the
agent for this project.
NOTICE: This authorization, for liability and professional courtesy
reasons, is valid only for government officials to enter the property when
accompanied by The John R. McAdams Company, Inc. staff. You should
call The John R. McAdams Company, Inc. to arrange a site meeting prior
to visiting the site. /2
Print Pro erty Owner's Name
cc: My. Cyndi Karoli
NCDENR-DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
ge4ir's Signature
Comprehensive Land Development Design Services
We help otrr clients succeed.
j PROJECT NO.
IN MDL-03010
FILENAME: TRYON VILLLAGE ATHE JOHN McADAMS
? a MDL03010-EX1 COMPANY, I NC.
'- t7 SCALE: ENGINEERS/PLANNERS/SURVEYORS
a "=40' MASTER PLAN INFRASTRUCTURE
4 RESEARCH TRIANGLE PARK, NC
?S WA CT EXHIBIT P.O. BOX 14005 ZIP 27709-4005
D in DATE: '10-tO-oS [phone]
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TOTAL? BUFFER
APR 2 1 2006
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DENR. WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH SHEET 2 OF S

® in`°'BCr No. MDL-03010
TRYON VILLIAGE
THE JOHN R. McADAMS
? MDL03010-EX2 COMPANY, INC.
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En DATE:

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SHEET 3 OF 3
® PEt07S`T NO. MDL-03010 TRYON VILLLAGE M THE JOHN R. McADAMS
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INV IN=408.5
BURY CULVERT AT 54" RC
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The John R. McAdams Company
Attn: Kevin Yates
PO Box 14005
RTP, North Carolina 27709
Subject Property: Tryon Village
Permitting Fee Return
Dear Mr. Yates:
April 21, 2006
Wake County
DWQ 05-1837V2
On April 21, 2006 the Wetlands/401 Unit of the Division of Water Quality received your application for Riparian Buffer
Approval in Wake County, North Carolina for the Tryon Village project. The $200 check that you submitted was not
required and is herein enclosed. In reviewing your application, the project is affecting only Riparian/Watersheed Buffer
Rules and therefore requires no fee.
If you have any questions, please contact Ian McMillan or me in the Central Office in Raleigh at [phone].
Sincerely,
Cynd1 Karoly
Enclosure: Check # 63402 for $200.00
CBK/ljd
cc: File Copy + check copy
Central Files + check copy
05-1837V2TryonVillage(Wake)_Fee Retu
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands)
Customer Service #: 1-877-623-6748

THE JOHN R. MctADAMS COMP 6 3 4 0 2
C POST OFFICE BOX 14065 ANY, INC.
RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709 TELEPHONE [phone] SUNTRUST r
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ACH RT 061000144 6
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66-46-531
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PAY AMOUNT 8
TO THE 4/20/2006
ORDER $200.00
OF NC Division Ot Water Quality
U
NC
AUTHORIZED SIGNATURE r
°506 340 2n'=0153 L0046 Sr:0000 20
_ 1037B41u¦ ""?
OF vv A TF90 Michael F. Easley, Governor
O G William G. Ross Jr., Secretary
? r North Carolina Department of Environment and Natural Resources
O .? Alan W. Klimek, P.E. Director
Division of Water Quality
April 12, 2006
DWQ Project # 05-1837 V2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Midland Tryon, LLC
Attn: Jeffery Vittert
4601 Creekstone Drive
Durham, NC 27703
Subject Property: Tryon Village
Application Sets and Fee
REQUEST FOR MORE INFORMATION
Dear Mr. Vittert:
On April 6, 2006, the Division of Water Quality (DWQ) received correspondence dated April 5, 2006
regarding the installation of a third culvert for Tryon Village project. The DWQ has determined that your
correspondence was incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to approve the culvert installation and to potentially impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Application Copies
DWQ requires five (5) full application sets to begin the review process. Any modification or
change to an already issued permit requires full project submission.
2. Application Fee
Modifications of already permitted projects require a new fee. The fee for applications is $200
for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For
projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Mike
Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: b=://h2o.enr.state.nc.us/ncwetlands
one
N Caro ina
Amally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Applicant:
Page 2 of 2
Date:
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
r4
Cyndi Karoly,, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ jd
cc: Kevin Yates, John R. McAdams Co., PO Box 14005, RTP, NC 27709
Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 051837V2 TryonVillage (Wake)_AppSets_fee
I-/
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
April 5, 2006
NC Division of Water Quality
401 Wetlands Unit
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Raleigh, NC 27604
Re: Installation of Third Culvert
a9!@[95W121
APR 6 2006
DENR - WATER QUALITY
WETLANDS AND STOR MWATER BRANCH
Midland Tryon LLC, Tryon Village- Raleigh, NC
Project No.: MDL-03010
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmcadams.com
Dear Mr. Dorney:
On behalf of Midland Atlantic, LLC, please reference our phone
conversation regarding the proposed installation of a third culvert for
conveyance of a perennial stream at a project known as Tryon Village. As
well please reference NC DWQ General Certification 3374 (DWQ Exp #
05-1837), issued on November 7, 2005, and USACE Nationwide Permit
39 (Action ID# 200521018), issued on October 3, 2005, to Midland
Atlantic, LLC. The project site is located in the northwest quadrant of
Walnut Street (SR 1313) and Tryon Road (SR 1009), adjacent to an
unnamed tributary to Speight Branch, Cary, Wake County, North
Carolina.
ISSUE: The stream crossing in question is located on the western side of
the project, and is part of the North/ South Town of Cary connector.
There are currently two 84-inch culverts, with a dissipater pad that were
permitted per the originally submitted impact map (attached). However,
as stated in our phone conversation, the culverts were improperly installed
and placed at an elevation that would not effectively allow aquatic life
passage. Due to the existing culverts being cast in-place, it would not be
economically or environmentally practical to re-bury, due to blasting that
would need to take place to free the culverts.
PROPOSED SOLUTION: The proposed solution is to install a third
culvert adjacent to the existing culverts to carry the base flow. This
proposed culvert has been sized at 54 inches, by our engineer, Fred Boone
PE, to carry the base flow. The other two existing culverts would carry
any flows above this base flow, similar to a floodplain or floodplain bench
culvert design. The 54" pipe is to be buried 1-foot per the conditions of
Comprehensive Land Development Design Services
We help our clients succeed.
THE JOHN R.
Since 1979
McADAMS COMPANY, INC.
the DWQ and USACE permits. All three culverts will discharge onto a
dissipater pad to help diffuse flows into the adjacent wetlands. There will
be no net increase in the stream or wetland impact, however there will be
an increase in the buffer impact of 285 SF (0.007 acre), due to an increase
in the dissipater pad.
Attached for your review are the following:
• Overall Site Plan titled: Grading and Storm Drainage Plan
• Original Road Crossing Exhibit titled: Wetlands Impact
Exhibit
• Proposed Road Crossing Exhibits titled:
o Tryon Manor Drive Stream Crossing
o Culvert Profile Exhibit
o Culvert Elevation Exhibit
Please review these exhibits to determine if the design will meet the
permit condition for aquatic life passage. Consideration of this project is
greatly appreciated. If you should have any questions or require additional
information, please do not hesitate to contact me at [phone].
Sincerely,
THE JOHN R. cADAMS COMPANY, INC.
J. Kevin Yates
Senior Environmental/Wetland Scientist
Stormwater and Environmental Management Group
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmeadams.com
JKY/jky
Enclosures
Comprehensive Land Development Design Services
We help our clients succeed.
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THE JOHN R. McADAMS
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CULVERT ELEVATION POX. NC
P.OO HOZ 1005 GZW U709-005
03-31-06 [phone]
Since 1979
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmcadams.com
THE JOHN R. McADAMS COMPANY, INC.
April 5, 2006
NC Division of Water Quality
401 Wetlands Unit
Attn: Mr. John Dorney
2321 Crabtree Boulevard
Raleigh, NC 27604
duo
o
6 - TO
PQ? .?RavP?? e
OttgoS
Re: Installation of Third Culvert
Midland Tryon LLC, Tryon Village- Raleigh, NC
Project No.: MDL-03010
Dear Mr. Dorney:
On behalf of Midland Atlantic, LLC, please reference our phone
conversation regarding the proposed installation of a third culvert for
conveyance of a perennial stream at a project known as Tryon Village. As
well please reference NC DWQ General Certification 3374 (DWQ Exp #
05-1837), issued on November 7, 2005, and USACE Nationwide Permit
39 (Action ID# 200521018), issued on October 3, 2005, to Midland
Atlantic, LLC. The project site is located in the northwest quadrant of
Walnut Street (SR 1313) and Tryon Road (SR 1009), adjacent to an
unnamed tributary to Speight Branch, Cary, Wake County, North
Carolina.
ISSUE: The stream crossing in question is located on the western side of
the project, and is part of the North/ South Town of Cary connector.
There are currently two 84-inch culverts, with a dissipater pad that were
permitted per the originally submitted impact map (attached). However,
as stated in our phone conversation, the culverts were improperly installed
and placed at an elevation that would not effectively allow aquatic life
passage. Due to the existing culverts being cast in-place, it would not be
economically or environmentally practical to re-bury, due to blasting that
would need to take place to free the culverts.
PROPOSED SOLUTION: The proposed solution is to install a third
culvert adjacent to the existing culverts to carry the base flow. This
proposed culvert has been sized at 54 inches, by our engineer, Fred Boone
PE, to carry the base flow. The other two existing culverts would carry
any flows above this base flow, similar to a floodplain or floodplain bench
culvert design. The 54" pipe is to be buried 1-foot per the conditions of
Comprehensive Land Development Design Services
We help our clients succeed.
THE JOHN R.
Since 1979
McADAMS COMPANY, INC.
the DWQ and USACE permits. All three culverts will discharge onto a
dissipater pad to help diffuse flows into the adjacent wetlands. There will
be no net increase in the stream or wetland impact, however there will be
an increase in the buffer impact of 285 SF (0.007 acre), due to an increase
in the dissipater pad.
Attached for your review are the following:
Overall Site Plan titled: Grading and Storm Drainage Plan
Original Road Crossing Exhibit titled: Wetlands Impact
Exhibit
• Proposed Road Crossing Exhibits titled:
o Tryon Manor Drive Stream Crossing
o Culvert Profile Exhibit
o Culvert Elevation Exhibit
Please review these exhibits to determine if the design will meet the
permit condition for aquatic life passage. Consideration of this project is
greatly appreciated. If you should have any questions or require additional
information, please do not hesitate to contact me at [phone].
Sincerely,
THE JOHN R. eADAMS COMPANY, INC.
J. Kevin Yates
Senior Environmental/Wetland Scientist
Stormwater and Environmental Management Group
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733.5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
JKY/jky
Enclosures
Comprehensive Land Development Design Services
www.johnrmcadams.com We help our clients succeed.
( INN PROJECT No. MDL-03010
TRYC?N VILLIAGE THE JOHN R. McADAMS
FILENAME: MDL03010-EX1 COMPANY, INC.
SCALE: 1 n-40, MASTER PLAN MF RASMUCTUE ENGINEERS/PLANNERS/SURVEYORS
RSSEARCB TRIANGLE PARK, NC
DATE: 10-10-05 WETLANDS ?PA .T EXHIBIT P.O. BOX 14005 ZIP 27709-4006
[phone]
--- APR-6-- 2006 _ \ -
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PROrscr xo. MDL-03010 TRYON VILLIAGE THE JOHN R. McADAMS
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DATE:
03-31-06 MASTER PLAN INFIRASTRUCTURE

TRYON MANOR DRIVE STREAM CROSSING ENG9U=/PLANNERB/SURMORS
R&MUM TMMGLE PARE. NC
P.O. BOX 14005 ZIP 27909-4005
[phone]

425
420
415
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DATUM ELEV DATUM ELEV
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L P 0 ?i4005 GZIP 277E09-4005
03-31-06
[phone]

Since 1979
THE JOHN R. McADAMS COMPANY, INC.
April 5, 2006
NC Division of Water Quality
401 Wetlands Unit UL9@00YLR@
Attn: Mr. John Dorney 2321 Crabtree Boulevard APR 6 200
Raleigh, NC 27604
DENR - WATER QUALITY
NDSAND STO?yyA . BRANCH
Re: Installation of Third Culvert
Midland Tryon LLC, Tryon Village- Raleigh, NC
Project No.: MDL-03010
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmcadams.com
Dear Mr. Dorney:
On behalf of Midland Atlantic, LLC, please reference our phone
conversation regarding the proposed installation of a third culvert for
conveyance of a perennial stream at a project known as Tryon Village. As
well please reference NC DWQ General Certification 3374 (DWQ Exp #
05-1837), issued on November 7, 2005, and USACE Nationwide Permit
39 (Action ID# 200521018), issued on October 3, 2005, to Midland
Atlantic, LLC. The project site is located in the northwest quadrant of
Walnut Street (SR 1313) and Tryon Road (SR 1009), adjacent to an
unnamed tributary to Speight Branch, Cary, Wake County, North
Carolina.
ISSUE: The stream crossing in question is located on the western side of
the project, and is part of the North/ South Town of Cary connector.
There are currently two 84-inch culverts, with a dissipater pad that were
permitted per the originally submitted impact map (attached). However,
as stated in our phone conversation, the culverts were improperly installed
and placed at an elevation that would not effectively allow aquatic life
passage. Due to the existing culverts being cast in-place, it would not be
economically or environmentally practical to re-bury, due to blasting that
would need to take place to free the culverts.
PROPOSED SOLUTION: The proposed solution is to install a third
culvert adjacent to the existing culverts to carry the base flow. This
proposed culvert has been sized at 54 inches, by our engineer, Fred Boone
PE, to carry the base flow. The other two existing culverts would carry
any flows above this base flow, similar to a floodplain or floodplain bench
culvert design. The 54" pipe is to be buried 1-foot per the conditions of
Comprehensive Land Development Design Services
We help our clients succeed.
Since 1979
THE JOHN R. McADAMS COMPANY, INC.
the DWQ and USACE permits. All three culverts will discharge onto a
dissipater pad to help diffuse flows into the adjacent wetlands. There will
be no net increase in the stream or wetland impact, however there will be
an increase in the buffer impact of 285 SF (0.007 acre), due to an increase
in the dissipater pad.
Attached for your review are the following:
• Overall Site Plan titled: Grading and Storm Drainage Plan
• Original Road Crossing Exhibit titled: Wetlands Impact
Exhibit
• Proposed Road Crossing Exhibits titled:
o Tryon Manor Drive Stream Crossing
o Culvert Profile Exhibit
o Culvert Elevation Exhibit
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2269 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
www.johnrmcadams.com
Please review these exhibits to determine if the design will meet the
permit condition for aquatic life passage. Consideration of this project is
greatly appreciated. If you should have any questions or require additional
information, please do not hesitate to contact me at [phone].
Sincerely,
THE JOHN R. cADAMS COMPANY, INC.
J. Kevin Yates
Senior Environmental/Wetland Scientist
Stormwater and Environmental Management Group
JKY/jky
Enclosures
Comprehensive Land Development Design Services
We help our clients succeed.
PROJECT NO. MDL-03010

FILENAME:
TRYON VILLLAGE
THE JOHN McADAMS
MDL030 0-EX1 I NC.
COMPANY
(
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SCALE: .? „_40r MASTER PLAN INFRASTRUCTURE ENGINEERS/PLANNERS/SURVEYORS
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DATE:
WETLANDS ff"ACT E)CMIT RESEARCH TRIANGLE PARK, NC
P.O. BOX 14005 ZIP 27700-4005
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1 =40 MASTER PLAN UC1'[JRE SNGIIiSM/PWfNM/SQ M0RS
CULVERT ELEVATION P.RWZAPXH O. BOX 1? GZIP 27 09-4005
03-31-06 (9019) 361-5000

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Midland Tryson LLC
Attn: Jeffery Vittert
4601 Creekstone Drive
Durham,NC 27703
DWQ# 05-1837-Wake
press Mail
Return Receipt for Merchandise
? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number - 7005 1820 0006 0493 0922
(rrensfer from service Iabeo
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A. Signature
? Agent
X
B. Received by (Printed Name) I C. Date of Deliver)
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
41
3. Service Type
Certified Mail
.16 ° ? Registered
? Insured Mail
e
UNITED STATES POSTAL SERVIC
EFass-
ail
P ees PaidG O
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
1 Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to.
A. Signature O Agent
X (?o ( ? Addre
B. Received by (Printed Name C. D e of Del ery
D. Is delivery address different from Item,,1? ? Yes
If YES, enter delivery address below: ? No
The ?hn R. McAdams Company
Attn: °fkevin Yates
P.O. Box 14005
ype
RTP,NC 27709 3. rS
:T
ertified Mail Express Mail
DWQ# 05-1837-Wake egistered Return Receipt for Merchandist
JIM
? insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) p Yes
Micle Number
-**rfromservice fabeo 7005 1160-0000 9954 5484
RRi i Pahmarv nnmestic Return Receint 102595-02-M-1
UNITED STATE55i'ERVft?#,*ild
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40
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uses
' 4' 2ti Pe -10
i Sender."Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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