20170032 Ver 1_401 Application_20170117

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
COURTESYJanuary 3rd, 2017
C'(" . Py 2. C i 7 0 3 2 S&EC Project #12635
To: RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
Attn: James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Meridian at Ten Ten
Apex, Wake County, NC
NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
NOTE: No DWR application fee is attached since this is a courtesy 401 notification.
R 19 12 0 �/jj' I
,iAiN 0 4 2017
On behalf of the applicant, Chatham Partners Windy Ridge, LLC please find attached a complete
application and supplemental information requesting a Nationwide Permit 29 from the USACE and
courtesy notification to N.C. Division of Water Resources (NCDWR) that the project intends to utilize the
associated 401 Certification.
The proposed project is a residential apartment complex. For more details see the attached site plans,
maps and PCN form. The project purpose is to provide residential housing. The proposed impact is for a
stormwater BMP and is to a feature DWR staff considered ephemeral and not subject to the Neuse
Riparian buffer rules. The Corps considered the same feature jurisdictional, but would not require
mitigation for impacts to it. No impacts are proposed to the 337' perennial buffered stream and its
associated small wetland pockets at the northeast corner of the property to minimize overall project
impacts.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Meridian at Ten Ten
Project Type
Apartment Complex
Owner / Applicant
Chatham Partners Windy Ridge, LLC
County
Wake
Nearest Town
Apex
Waterbody Name
Regency Park Lake/Swift Creek
Basin
Neuse
Class
WSIII; NSW

IW[7[01196YII&I[ATT_ua
Stream Impact (acres):
0.0136
Wetland Impact (acres):
0.0
Open Water Impact (acres):
0.0
Total Impact to Waters of the U.S. (acres)
0.0136
Total Stream Impact (linear feet):
74'
Intermittent Culvert
66"
Intermittent Rip Rap
8'
Perennial
0'
Intermittent total
74'
Zone 1 Buffer
0 sqft
Zone 2 Buffer
0 sqft
Attachments:
Pre -construction Notification (PCN) Application Form
USGS and Soil Survey Map
Impact Exhibits (3 pages)
Owner Certification/Agent Authorization
Photo of perennial Stream being preserved

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: NW29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Meridian at Ten Ten
2b.
County:
Wake
2c.
Nearest municipality / town:
Apex
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Chatham Partners Windy Ridge, LLC
3b.
Deed Book and Page No.
see Owner cert for multiple PIN#'s
3c.
Responsible Party (for LLC if
applicable):
Frank Morisey
3d.
Street address:
6131 Falls of Neuse Rd., suite 200
3e.
City, state, zip:
Raleigh, NC 27609
3f.
Telephone no.:
919-277-1125
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Kevin C. Martin
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Rd.
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-270-7941
5f. Fax no.:
919-846-9467
5g. Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
see project description below
1b.
Site coordinates (in decimal degrees):
ILatitude: 35.7235 Longitude: -78.8174
1 c.
Property size:
21.74 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Regency Park Lake/SwiftCreek
2b.
Water Quality Classification of nearest receiving water:
WSII I; NSW
2c.
River basin:
Neuse
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Some open lawn mostly mature forest, surrounding area is residential , commercial or undeveloped woodland, a large electric utility line bisects the
Projec. PIN#'s 0751470717, 0751377789, 0751378964 & 0751480275
3b.
List the total estimated acreage of all existing wetlands on the property: 0.25
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 411
3d. Explain the purpose of the proposed project:
To build a residential apartment complex'
3e. Describe the overall project in detail, including the type of equipment to be used:
Equipment to be used is that typical for construction parking lots, buildings & roads in the piedmont region of NC
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Corps performed site visit 11/15/16
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Kevin Martin
Agency/Consultant Company: S&EC, PA
Other: Corps agent -James Lastinger
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps visited the site in 3/16/16. James Graham of DWR confirmed stream Buffer determinations 10/30/13, NBRRO#13-307 on the project area.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT Regency Lake
INT
Corps
8
66
S2 P
Stabilization
UT Regency Lake
INT
Corps
8
8
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
74
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 _
Yes/No
B2 _
Yes/No
B3 -
Yes/No
B4 _
Yes/No
B5 _
Yes/No
B6 _
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5of10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to the perennial stream and associated wetlands and buffers were completely avoided
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Without impacting the stream, it will require two stormwater ponds. Two ponds will limit the amount of surface area and volume available to treat the
site stormwater and therefore reduce the amount of developable area, and the project size, and scope creating an additional economic impact on the
property.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
El Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Stormwater plans to be reviewed by the town of Apex.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
43.4%
2b.
Does this project require a Stormwater Management Plan?
0 Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Stormwater
will be treated by a wet detention pond (see plans) and nutrient offset buydown.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Apex
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Apex
❑X Phase II
E9 NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑X Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
X❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
El Yes ❑ No
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes E] No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
El Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes ❑- No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. Meridian at Ten Ten is a residential development.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Connection to municipal sewer
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Northern long eared bat was listed for Wake county 4/2/15, since this project involves the removal of some trees the Corps will initiate
consultation with the USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
National Marine Fisheries website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Data obtained from http://gis.ncdcr.gov/hpoweb/, no listings within 1/2 mile of the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑Yes ❑X No
8b. If yes, explain how project meets FEMA requirements: ,
8c. What source(s) did you use to make the floodplain determination?
Wake county GIS YAPS
Kevin C. Martin
V(fA
01-02-2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Environmental Consultants,
8412 1'nlls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: ()19) 816-571X1
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers,
69 Darlington Avenue
Wilmington, NC 28403
Meridian at Ten Ten Rd. S&EC Project # 12635
Wilmington District
Attn: James Lastinger Field Office
Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties Identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and Issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. 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 S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): _0751480275, 07513778964, 0751470717 & 0751377789
Site Address: 0, 2021 & 2023 Ten Ten Rd.
City, County, State: Apex, Wake County, NC
PROPERTY OWNER INFORMATION: (include name, addresss, phone# & email address)
Chatham Partners Windy Ridge, LLC attn: Frank Morisey
6131 Falls of Neuse Rd, Suite 200, Raleigh, NC 27609 919-277-1125 [e-mail]
Chatham Partners Windy Ridge, LLC By: Frank Morisey, Manager
Property Owner (please print)
A
Property Owner Signature
1-3-0
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

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Piedmont Land Design, LLP
8522-204 Sia Forks Road RaleigkNC 276
Tel [phone] Fax [phone]
APPLICANT:
MERIDIAN AT TEN TEN
6131 FALLS OF NEUSE ROAD
SUITE 200
RALEIGH, NC 27609
[phone] (PHONE)
PROJECT:
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DATE:
14 DEG 2016
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MERIDIAN AT TEN TEN
6131 FALLS OF NEUSE ROAD
SUITE 200
RALEIGH, NC 27609
[phone] (PHONE)
PROJECT:
19ONTA
DATE:
14 DEG 2016
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LEGEND—IMPACT AREA 1
PERMANENT INTERMITTENT
STREAM IMPACT
66 LF (513 SF)
PERMANENT/NO PERMANENT LOSS INTERMITTENT
STREAM IMPACT (RIP—RAP ENERGY DISSIPATER)
8 LF (76 SF)
IMPACT AREA 1
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NORTH
PLD
Piedmont Land Design, LLP
8522-204 Sia Forks Road Raleigh,RC 2761!
Tel [phone] Fax [phone]
APPLICANT:
MERIDIAN AT TEN TEN
6131 FALLS OF NEUSE ROAD,
SUITE 200
RALEIGH, NC 27609
[phone] (PHONE)
PROJECT:
FPNTA
DATE:
05 JAN 201'7
SCALE:
111=50'
DWG. # I � .5
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APPLICANT:
MERIDIAN AT TEN TEN
6131 FALLS OF NEUSE ROAD,
SUITE 200
RALEIGH, NC 27609
[phone] (PHONE)
PROJECT:
FPNTA
DATE:
05 JAN 201'7
SCALE:
111=50'
DWG. # I � .5