20071976 Ver 2_401 Application_20080708

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AYNA . .
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
Cary, North Carolina 27511
Tel.:[phone] Fax: [phone]
DATE July 15, 2008 Job No. 2060095.00
ATTENTION Ms. Cyndi Karoly
RE: Park Ridge Estates
TO: NC-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604
WE ARE SENDING YOU ? Attached ? Under separate cover via the following
? Shop Drawings ? Prints ? Plans ? Samples Specifications
E Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
5 1 Request for 404/401 Authorization
1 2 Check for $240.00
THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted ? Resubmit copies for approval
® For your use ? Approved as noted ? Submit copies for distribution
® As requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please call with any comments or concerns.
Received by : =
.5 .._
D
JUL 1 5 2008
DENR - WATER uut>,
WEIMOS AND ;NGH
COPY TO: File SIGNED: Todd Prueninger
If enclosures are not as noted, kindly notify us at once.
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
July 15, 2008
US Army Corps of Engineers NC-Division of Water Quality
Attn: Mr. Jamie Shern Attn: Ms. Cyndi Karoly
3331 Heritage Trade Drive, Suite 105 2321 Crabtree Blvd.
Wake Forest, NC 27587 Raleigh, NC 27604
Re: Park Ridge Estates ??
Request for 404/401 Authorization
W&R Project Number - 02o60095 JUL 1 5 2008
AID #: 2oo8-oo692
NC-DWQ #: 07-1976
DENR - WATER QUAVY
WEUNOS AND STORMWATER RANCH
Dear Mr. Shern and Ms. Karoly:
On behalf of Park Ridge Estates, LLC we are requesting authorization from the USACE
to use NWP 29 and 401 certification for the construction of a gravity sewer line which
will serve the Park Ridge Estates subdivision. The proposed impacts associated with
the installation of the 8" gravity sanitary sewer line are as follows. Temporary stream
impacts include 26 LF of perennial/important channel and 20 LF of
intermittent/unimportant channel. Temporary wetland impacts include 5,16o SF
(0.12 acres) of forested wetlands. Sewage will ultimately be treated at the Durham
County Triangle Waste Water Treatment Plant (NPDES No. N00026051).
The proposed sewer corridor is approximately 8oo linear feet and will tie into the
southeast corner of Park Ridge Estates. Park Ridge Estates is located approximately
4000 feet north of the intersection of Green-Level West Road (SR 1615) and Green-
Level Church Road (SR 16oo). Latitude: 35.7910734*N and Longitude: 78.9oo1198°W
in Cary, Wake County, North Carolina. The site contains unnamed tributaries to
Bachelor Branch and is located in the Cape Fear River Basin. The Water Quality
Classification for these features is: WS-IV; NSW, the Cataloging Unit for this site is:
03030002, and the Stream Index number is: 16-41-6-2-(2).
Project History
Subdivision:
Wetlands were delineated by Withers & Ravenel in May 2007. Meetings were
conducted with the NC-DWQ, August 27, 2007 (IPRRO 07-036) and USACE on October
30, 2007. On December 3, 2007, 401 Certification and an isolated wetland permit
were issued for impacts to 57 linear feet of intermittent channel, 0.037 acres of 404
wetlands, and 0.146 of isolated wetlands of the state. The 404 request "timed out"
and therefore was approved by default. A copy of the 401 and isolated wetland
general permit is included in the attachments.
iii MacKenan Drive 1 Cary, NC 27511 1 let: 919.469.3340 1 fax: [phone]oo8 i www.withersravenet.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: gio.842.8o19
Sanitary Sewer:
The wetland delineation for the offsite sewer was provided by the Town of Cary and
was field verified by Withers & Ravenel in June 2oo8.
Avoidance and Minimization
In order to tie into the Bachelor Branch outfall, the impacts could not be avoided. To
minimize impacts, the applicant will limit the construction corridor to the 20' thru the
wetlands or waters. Due to cost, it was determined that directional drilling was not a
viable option. In addition, the setup of the boring unit would require a bore pit
which would result in wetland impacts as well.
Mitigation
Because the impacts are temporary and the wetland/water crossing will be returned
to pre-construction contours, we do not believe that mitigation should be required.
However, if mitigation is required, due to the change in wetland type (forested to
emergent), the applicant proposes payment to EEP.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.

Todd Preuninger
Attachments -
i) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quadrangle Map
5) Wake County Soil Survey Map
6) JD Form
7) 401 Certification & Isolated Wetland General Permit
8) NC-EEP Request Form (sent 7-1o-o8)
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
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 M
Environmental Concern (see the top of page 2 for further details), check he - t"?' 1
Applicant Information
Owner/Applicant Information
JUL. 15 2Uub
DENR. WATER QUAU"_1
WETLANDS AND STORMWATER NCH
Name: Park Ridge Estates, LLC, Attention: James W. Raley
Mailing Address: 100 Kee Drive, Suite B
Morrisville, NC 27560
Telephone Number: 919-677-1144 Fax Number: 919-677-9966
E-mail Address: iimmy(a,raleyresidential.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: TPreuninaer(d,withersravenel.com
Pagel of 8
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: Park Ridge Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Wake County Pins: 0724-93-9661. 0724-92-
6796.0734-03-0211
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Park Ridge Estates
Directions to site (include road numbers/names, landmarks, etc.): Site is located
Mroximately 4000 feet north of the intersection of Green-Level West Road (SR 1615 and
Green-Level Church Road (SR 1600) in Cary NC.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7910734 ON 78.9001198 °W
6. Property size (acres): 51 acres
7. Name of nearest receiving body of water: Bachelor Branch
8. River Basin: Cape Fear River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general landscape is made up of farm fields with several
forested areas. The area in which the sanitary sewer line is being installed is currently
forested.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: This
project includes the installation of an 8" offsite sanitary sewer line located to the southeast of
Parkridge Estates Subdivision. Large grading equipment and excavators will be used to
install the sewer line.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
sanitary sewer to Parkridge Estates Subdivision.
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.
Subdivision: Wetlands were delineated by Withers & Ravenel in May 2007 Meetings were conducted
with the NC-DWO, August 27, 2007 (IPRRO 07-036) and USACE on October 30 2007 On December
3, 2007, 401 Certification and an isolated wetland permit were issued for impacts to 57 linear feet of
intermittent channel, 0.037 acres of 404 wetlands and 0.146 of isolated wetlands of the state The 404
request "timed out" and therefore was approved by default. A copy of the 401 and isolated wetland
general permit is included in the attachments.
Sanitary Sewer: The wetland delineation for the offsite sewer was provided by the Town of Cary and
was field verified by Withers & Ravenel in June 2008
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future phases of Park Ridge Estates or additional utility impacts are anticipated at this time
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Page 3 of 8
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.
Provide a written description of the proposed impacts: The proposed impacts associated
with the installation of the 8" gravity sanitary sewer line are as follows. Temporary stream
impacts include 26 LF of perennial/important channel and 20 LF of intermittent/unimportant
channel. Temporary wetland impacts include 5,160 SF (0.12 acres).
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain
odpla Stream (acres)
( (linear feet)
1 Temporary Forested Yes Abutting 0.12
Total Wetland Impact (acres) 0.12
2. List the total acreage (estimated) of all existing wetlands on the property: (NA) Linear Project
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
1 Bachelor Branch Temporary Perennial 15-20 26 0.01
1 UT to Bachelor Temporary Intermittent 10 20 0
005
Branch .
Total Stream Impact (by length and acreage) 46 0.015
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 4 of 8
List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.015
Wetland Impact (acres): 0.12
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.135
Total Stream Impact (linear feet): 46
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. In order to tie into the
Bachelor Branch outfall, the impacts could not be avoided. _ To minimize impacts, the applicant
will limit the construction corridor to the 20' thru the wetlands or waters. Due to cost, it was
determined that directional drilling was not a viable option. In addition, the setup of the boring
unit would require a bore pit which would result in wetland impacts as well.
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
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetIands/strmgide.htm1.
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.
Although all impacts are temporary and will be returned to preconstruction contours
mitigation is being proposed in the amount of 5,160 SF (0.12 acres) due to the fact that
wetland vegetation is being converted from forested to herbaceous.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htni. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.12
Amount of Coastal wetland mitigation requested (acres): NA
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone , ,,..,._,. ?0_ -, Multiplier
1 I NA 13 (2 for Catawba) I NA
2 NA 1.5 NA
Total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Page 7 of 8
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
NA Linear Project.
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.
Sanitary Sewer will be utilized.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed sewer has been designed to provide sewer only to the Parkridge Estates. In addition
the sewer will be completed installed within a park owned by the Town of CM. Therefore due
to minimal pipe size, design and location of this sewer line, we do not think it will promote
additional develop which could jeopardize downstream water quality. Moreover, the Town of
Cart/ is a delegated Phase II community, and will required any new development to comply
the DWO stormwater guidelines.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
,,JZ IA???
Applicant/Agent's Signature I Dale
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Oct 29 07 04:45p Jimmy Raley
wrrc-t-ms RZAVEMEL
ENGINEERS 1 PLANNERS i SURVEYORS
919 677 9966 p,2
Site Access/Agent Authorization Form
Project Name:
-mer(y e4
?4rr?7/'acf-
Property Owner,

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Address: MY , /??, v
f '61-14V71e, N6 2 7 2i:'?2C:
Phone: ZZ1
Fax: yI ?- 677- 99W?
Email: 4 F-A Md G>l'4A,V";t-ie °l•1frCsJ'CC..'
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
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North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 3, 2007
DWQ Project # 07-1976
Wake County
Mr. James W, Raley
Park Ridge Estates, LLC
100 Keybridge Drive, Suite B
Morrisville, NC 27560
Subject Property: Park Ridge Estates
Bachelor Branch [030605, 16-41-6-2-(2), WSIV, NSW]
Approval of 401 Water Quality Certification and Isolated Wetland General Permit with Additional
Conditions
Dear Mr. Raley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.037 acres of 404/wetland, 57 linear feet of intermittent stream, and 0.146
acres of isolated wetland, as described in your application dated November 20, 2007, and received by the
Division of Water Quality (DWQ) on November 21, 2007, to construct the proposed residential
subdivision. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). Also, we have
determined that this Isolated Wetland fill (0.146 acres of Isolated Wetland) is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). 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. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit,
and the authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in
your application and as authorized by this Permit, shall expire upon expiration of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
This approval 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 Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
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/ncwetlands
Noce hCarolina
Naturally
An P-.1 nnnn n-it-/Affi-f;- Amino P-1-vr _ 500/ R--1,4/100/ P-t ('- -- P.-

The Additional Conditions of the Certification are:
1. Impacts Approved
Park Ridge Estates, LLC
Page 2 of 4
December 3, 2007
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.037 (acres) PCN page 4 of 8
Stream - intermittent 57 (linear feet) PCN page 4 of 8
Isolated Wetland 0.146 (acres) PCN age 5 of 8
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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 six months of the date that
the Division of Land Resources has released the project;
5. 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 at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 40l/Wetlands Unit web site 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.

Park Ridge Estates, LLC
Page 3 of 4
December 3, 2007
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233 and GC3631;
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orWdoh/operations/BMP manual/downloadBMP Manual.pdD
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
Park Ridge Estates, LLC ,
Page 4 of 4
December 3, 2007
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Isolated Wetland Rules (IWP100000). If you have any questions, please telephone Cyndi
Karoly or Ian McMillan at 919-733-1786.
CHSlijm
Enclosures: GC3705
IWGP100000
Certificate of Completion
Sinc ely,
Coleen H. Sullins, Director
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 071976 ParkRidgeEstates(W ake)401 _I W

DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Certification of Completion
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Wake City: Cary
Center coordinates of site (lat/long in degree decimal format): Lat. 35.7910734° N, Long. 78.9001198° W.
Universal Transverse Mercator:
Name of nearest waterbody: Bachelor Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Jordan Lake and Haw River
Name of watershed or Hydrologic Unit Code (HUC): 03030002
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable maters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the revi?:%? area. [Required]
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TN Ws
? Impoundments ofjurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section 111 below.
z For proposes ofthis fonn, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section Ill. F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section ULAA and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2
and Section III.D.1.; otherwise, see Section HLB below.
1. TNW
Identify TNW: NA.
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": NA.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A Nvetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: square miles
Drainage area: square miles
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, it known:
" Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of tlow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM' (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
El Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to deters
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List,. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship?to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick list floodplain_
(ii) Chemical Characteristics:
Characterize wetland system water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Weiland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section 111.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section 111.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: macrobenthos present in (caddisfly, stoneflys) below confluence of two intermittent streams.
Tributaries ofTNW where tributaries have continuous flow -'seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating that tributary flows
seasonally: evidence of OHW mark in all other tributaries on-site.
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: wetland drains into creek.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.25 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section 1ll.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
"Sec Footnote 4 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? if potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Green Level Quad.
? USDA Natural Resources Conservation Service Soil Survey. Citation: .
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This form has been completed as part of a permit application for impacts to streams
and wetlands associated with the installation of the sanitary sewer line.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project/ Site: W&R Project # - 02060095.00/ Raley Hilliard Tract Date: 5-22-2007
Applicant /Owner; Jimmy Raley County: Wake
State: NC
Investigator. Elizabeth Cartier: Withers & Ravenel
Do normal circumstances exist on the site? Yes No II
Is the site significantly disturbed (Atypical situation)? Yes ? No

Is the area a potential problem area? Yes
? No Community ID: Wetland

(explain on reverse if needed) Transect ID: flag 125
PlotID: Headwater Forest
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9. Juncus effusus Herb FACW+
2. 10. Eulalia viminea Grass FAC+
3.Ligustrum sinense Sap FAC 11.
4. 12.
5. Smilax glauca Vine FAC 13.
6. Parthenocissus quinquefolia _ Vine FAC 14.
7.Toxicodendron radicans Vine FAC 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 100
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
II Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
II Other ? Inundated
Saturated in Upper 12"
No Recorded Data Available ? Water Marks
Drift Lines
Field Observations: ? Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: 10 (in.) ? Local Soil Survey Data
? FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Present
SOILS
Map Unit Name
(Series and Phase): Worsham Sandy Loam Drainage Class: Poorlv drained
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? YesO No®
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B 10YR4/2 Sandy Clay Loam
6-12 C 10YR5/1 10YR5/8 Sandy Loam

Hydric Soil Indicators:
C1 Histosol II Concretions
Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
Su/fidic Odor F1 Organic Streaking in Sandy Soils
Aquic Moisture Regime F] Listed On Local Hydric Soils List
a Reducing Conditions QListed on National Hydric Soils List
E Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
Hydric Soils Present
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes E No Q Is the Sampling Point
Wetland Hydrology Present? Yes No Q Within a Wetland? Yes® No[]
Hydric Soils Present? Yes No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project/ Site: W&R Project # - 02060095.00/ Raley Hilliard Tract Date: 5-22-2007
Applicant /Owner: Jimmy Raley County: Wake
State: NC
Investigator. Elizabeth Cartier: Withers & Ravenel
Do normal circumstances exist on the site? Yes Z No II
Is the site significantly disturbed (Atypical situation)? Yes L] No Z

Is the area a potential problem area? Yes
L1 No M Community ID: Upland

(explain on reverse if needed) Transect ID: flay- 125
Plot/D: Mixed pine
/hardwood
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Quercus alba Tree FACU 9.
2. Juniperus nirginiana Tree FACU- 10.
3. Acer rubrum "free FAC 11.
4. 12.
5. Smilax glauca Vine FAC 13.
6. Vitis rotundifolia Vine FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 60
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
L1 Stream, Lake, or Tide Gauge
L1 Aerial Photographs Primary Indicators:
L1 Other L1 Inundated
L1Saturated in Upper 12"
No Recorded Data Available L1 Water Marks
L1 Drift Lines
Field Observations: L1 Sediment Deposits
II Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) ? Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) L1 Local Soil Survey Data
L1 FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Hydrology Indicators Absent
SOILS
Map Unit Name
(Series and Phase):Creedmoor Sandy Loam 6-10% slope eroded Drainage Class: Moderately Well Drained
Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? YesO NoM
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B 10YR5/4 Sandy Loam
6-12 C 10YR5/4 Sandy Loam
Hydric Soil Indicators:
Histosol II Concretions
F] Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
II Sulfidic Odor aOrganic Streaking in Sandy Soils
n Aquic Moisture Regime Listed On Local Hydric Soils List
a Reducing Conditions [Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Q Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
WETLAND DETEHMINAIIUN
Hydrophytic Vegetation Present? Yes No n
Wetland Hydrology Present? Yes ? No
Hydric Soils Present? Yes Q No
Is the Sampling Point
Within a Wetland? YesO NoM
Remarks:
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 71912007
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Kelly.williams@ncmail-net. Attachments are acceptable for clarification
purposes (location map is required).
I CONTACT INFORMATION i APPLICANT'S AGENT (optional) ? APPLICANT
--- -
I 1. Business or Individual Name
?? r ?AUer.? i
PfrKK,?1U,1 G'S(Ik1S ?? ?- i
2. Street Address or P O Box ;c ? rv
'., 3. City, State, Zip r co- Z S ! i Vic; -,s II c Al Z S 6,
4. Contact Person (f 61n
0
Jc,"es w • PJ-,?
5. Telephone Number c? IC1 - t-i 6, +T
6. Pax Number C j c{ - 5 3S- `? S 4! S `t I `i -? 1
7. E-Mail Address (optional) ? I f r eL.vt"?4?,-?: i? t1??,k?2i { + ?w?> (? f?1??t esia;(+I L
IjI-
cc V
PROJECT INFORMATION -?
i
8. Project Name
9. Project Location (nearest town, city)
"
S? i
??C
S
i
`"ATTACH MAP SHOWING IMPACT LOCATION ?
?f y
c
f 10. Lat-Long Coordinates (optional) i
I
6 AI

i
{ 11. Project County
i
12. River Basin i
C Fec, y- I
1 13. Cataloging Unit (8-digit) (See Note 1) ' j
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
1 15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.) a I /1 3
17. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold
(See Note 2)
I ----- -- --- ?fi4 / I
i IV14
18. Buffer Impact-Zone (sq. ft.) (e.g. 12,345) Zone 1: / Zone 2: /t44-
_
(See Note 3)
Regulatory Agency Staff Contacts
19.
+
(Indicate names, if known)

I USACE: <A DWQ:
+
?
1 20. Other Regulatory ID Information

e. USACE Action ID, if known)
I
IMPORTANT
l Check U below if this request is a: ?
Signature of Applicant or A?ent:
i
revision to a current acceptance, or
_ re-submission of an expired acceptance Date:
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http l/cfpub.epa,gov/surf/locate/index.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
http•/Iwww saw usace army mil/WETLANDS/Mitigation!Documents/Stream/Appendices/Appgndixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse. Tar-Pamlico and Catawba river basi ns, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]