20031338 Ver 3_401 Application_20170314

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 8=46-5900
sandec.com
To: NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
From: Deborah E. Shirley
Soil & Environmental Consultants, PA
Re: Rutledge Landing -Phases 3 & 4
Wake County, NC
March 14, 2017
1� j b S&EC Project # 7451.W4
V PP
U
7AR'2017 11
On behalf of the applicant, please find attached a complete application and supplemental information
requesting a No Practical Alternatives review for Neuse River Buffer impacts from the N. C. Division of
Water Resources (NCDWR). Please contact me at [phone] if you have any questions or require
additional information.
PROJECT SUMMARY
Project Name
Rutledge Landing -Phases 3 & 4
Project Type
Residential Development
Owner / Applicant
Rutledge Development Company, LLC
County
Wake
Nearest Town
Kni htdale
Waterbody Name
UT to Poplar Creek
Basin
Neuse
Index Number
27-35
Class
C, NSW
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Stream Impact (linear feet): 0
Total Riparian Buffer Impact (square feet): Zone 1: 3,528 ;Zone 2: 2,775
Attachments:
Riparian Buffer Authorization Form
Agent Authorization Form
USGS Topographic Map
NRCS Soil Survey Map
Buffer Determination letter-NBRRO 00-0049
Martin Richmond Email-NBRRO 00-0049
AID #200421152 & 200020777
DWQ Project # 03-1338; 03-1338, Ver. 2
Notification of Statutory Status -Rutledge Landing -Phase III
Existing Conditions
Overall Site Layout
Impact Exhibit #1
Stormwater Management Report

Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A. Applicant Information
1. Project Information
la. Name of project: Rutledge Landing -Phase 3 & 4
1 b. County: Wake
-1c. Nearest municipality: Knightdale
-Id. Subdivision name: N/A
1e. Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1f below.
Yes ® No
1f. Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
El Yes ® No
2. Owner Information
2a. Name on Recorded Deed:
Rutledge Development Company, LLC
2b. Deed Book and Page No.
Deed Bk: 11879; Deed Pg: 306
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
Could not locate.
2d. Responsible Party
(for Corporations):
Christopher Stanziale, Manager
2e. Street address:
12900 Billingsgate Lane
2f. City, state, zip:
Raleigh, NC 27614
2g. Telephone no.:
973-801-9501
2h. Fax no.:
N/A
2i. Email address:
chrls(d2advlsonnvms com
3. Applicant Information (if different from owner)
3a. Applicant is:
❑ Agent ® Other, specify: Owner
3b. Name:
3c. Business name
(if applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
N/A
3h. Email address:
4. Agent/Consultant Information (if applicable)
4a. Name:
Deborah E. Shirley
4b. Business name
(if applicable):
Soil & Environmental Consultants, PA
4c. Street address:
8412 Falls of Neuse Road, Suite 104
4d. City, state, zip:
Raleigh, NC 27615
4e. Telephone no.:
919-846-5900
4f. Fax no.:
919-846-9467
4g. Email address:
dshirlev .sandec.com
FORM: BA lu-2ul.i Page 1 of 6

B. Project Information and Prior Project History
I. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1752-99-3872
1b. Site coordinates (in decimal degrees):
Latitude: 35.7537
Longitude: -78.4596
t 51 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT to Poplar Creek
2b. Water Quality Classification of nearest receiving water:
C; NSW 27-35
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: The existing conditions consist of Phase 3 being previously graded and infrastructure being
completed, Phase 4 of the project has been graded. The general land use in the vicinity includes residential
development.
3b. Attach an 8'/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site
3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 637 linear feet
3e. Explain the purpose of the proposed project.-
roject:The
Thepurpose of the project is to construct an emergency vehicle & pedestrian access connection to the existing
Phase 2 of a residential development.
3f. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of completing the roadway infrastructure, lot grading, stormwater controls and the
bridge crossing. Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for
land disturbance and construction will be utilized.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b. If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: Soil &
Name (if known): Bob, Zarzecki, Steven Ball, David Gainey &
Environmental Consultants, PA
Deborah Shirley
Other:
4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NCDWR: Buffer Determination site visit with Steve Mitchell on March 8, 2000 (NBRRO 00-0049). USACE site
meeting with Jean Gibby on November 5, 2010.
5. Project History
5a. Have permits or certifications been requested or obtained for this
®Yes ❑ No ❑ Unknown.
project (including all prior phases) in the past?
5b. If yes, explain and detail according to "help file" instructions.
NWP 12 & 39 issued for Phases 1-4 on July 23, 2006 & March 18, 2007 (AID#2004-21152 & AID#200020777),
WQC Approval for Phases 1-4 issued on August 17, 2004 (DWQ Project No. 03-1338); WQC Approval for Phase
3 issued July 31, 2008 (DWQ Project #03-1338, Ver.2), Notification of Statutory Status for Phase 3 sent to
USACE. This was a re -verification for stream crossing connecting Phase 2 to Phase 3, this crossing was never
constructed. This is also the connection that we are applying for, now a 20' bridge.
FORM: BA 10-2013 Page 2 of 6

B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
FORM: SSGP3080 8-13 Page 3 of 6

C. Proposed Impacts Inventory
1. Buffer Impacts
1a. Project is in which protected basin?
® Neuse
❑ Tar -Pamlico El Catawba
❑ Randleman
❑ Jordan ❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MIUST fill out Section D of this
form.
Buffer impact
number —
Permanent P
( )
Reason for impact
Type of impact
(exempt, allowable,
Stream name
Buffer mitigation
g
Zone 1
impact
Zone 2
impact
or Temporary
allowable w/ mitigation)
required?
(sq ft)
(sq ft)
131 (1) ®P ❑ T
Bridge
Allowable
UT to Poplar
Creek
❑Yes ®No
3,528
2,775
62 ❑ P❑ T
❑ Yes ❑ No
B3 ❑ P❑ T
❑ Yes ❑ No
Total buffer impacts
3,528
2,775
1c. Comments:
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 streams have been avoided by utilizing a bridge crossing. The footprint of the buffer impacts have
been minimized by designing a 20' private road for emergency vehicles and pedestrian access only. All other
jurisdictional wetlands have been avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Per the project engineer: To minimize impacts to buffers and stream we have proposed 35' bridge span to cross
stream. We have located bridge in area previously disturbed as afforded by previously approved buffer and
stream impacts. The bridge abutment will be constructed of piles driven into ground and timber sheathing placed
behind pilings. The piles will be precisely placed by machine that will minimize required access to any sensitive
areas. Limits of allowed disturbance will be clearly marked in the field and fenced off with orange plastic warning
fence before any construction activity begins.
FORM: BA 10-2013 Page 4 of 6

C. Impact Justification and Mitigation, continued
2.
Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
❑Yes ® No
I 7
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact
Total impact
(square feet
Multiplier Required mitigation
square feet
Zone 1
3 (2 for Catawba)
Zone 2
1.5
Total buffer mitigation
required:
2c.
If buffer mitigation is required is payment to a
mitigation bank or NC EEP proposed?
❑ Yes ❑ No
2d.
If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e.
If no, then discuss what type of mitigation is proposed.
2f.
Comments:
FORM: SSGP3080 8-13 Page 5 of 6

E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
Environmental Documentation
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
® Other BMP
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ® No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal/state) land?
Manual and attach a BMP Supplement Form.
1 b.
There will be a combination of BMP's to meet the diffuse flow requirements for this
❑ Yes ❑ No
project. Wake County will be reviewing agency for the stormwater management plan for
environmental document pursuant to the requirements of the National or State (North
Rutledge Landing -Phases 3 & 4. Attached is a copy of the Stormwater Management
1650 Mail Service Center
Report. The applicant requests that a conditional Riparian Buffer Authorization Approval
Raleigh, NC 27699 - 1650
be considered, allowing the approved Stormwater Management Plan to be provided to
If you answered "yes" to the above, has the document been finalized by the State
the NCDWR, once it is Approved by Wake County.
F.
Deborah
Supplementary Information
by First Class Mail via the US Postal Service:
1.
Environmental Documentation
OR NC DWR, Transportation Permitting Unit
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the use of
❑ Yes ® No
Raleigh, NC 27604
public (federal/state) land?
For all other projects sent by delivery service
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
OR Karen Higgins
environmental document pursuant to the requirements of the National or State (North
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
Carolina) Environmental Policy Act (NEPA/SEPA)?
Raleigh, NC 27699 - 1650
1c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .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).-
iolation(s):
Deborah E. Shirley Applicant/Agent's Signature March 14,
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter fro th applicant is 201 7
provided.)
Date
.. �.� ..— —I1rww — iii aI IV UVGUIIICIIlS W tree following:
For government transportation projects sent
For government transportation projects sent
by First Class Mail via the US Postal Service:
by delivery service (UPS, FedEx, etc):
NC DWR, Transportation Permitting Unit
OR NC DWR, Transportation Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
For all other projects sent by First Class Mail
For all other projects sent by delivery service
via the US Postal Service
(UPS, FedEx, etc):
Karen Higgins
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
FORM: BA 10-2013 Page 6 of 6

Consultants,
8412 Falls of Nmse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Rutledge Landing -Phase 3 & 4 S&EC Project # 7451
Date: Z-- Z .� —
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn:
Field Office:
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) stall; 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): 1752-99-3872
Site Address: 9009 Poole Road
City, County, State: Knightdale, NC 27545
PROPERTY OWNER INFORMATION:
Name: Rutledge Development Comoanv LLC
Mailing Address: 12900 Billingsgate, Lane, Raleigh NC 27614
Telephone Number:
We hereby certify the above information submitted in this application is true and accurate to
the best ofourknow/edge.

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Scale:
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Date: Source: Soil & Environmental Consultants, PA
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NORTH CAROLINA DEPARTMENT OF
J� s ENVIRONMENT AND NATURAL RESOURCES
//�
DIVISION OF WATER QUALITY
•1� MCDERR MBreh Z� RALEIGH REGIONAL OFFICS
n
R hack Mc InLyro
,JANi! B. •NVMt JR. . P d -&d Asaodates
t RNOR - pod Office bm 58355
'41.yrmkwL N.Cma
6ubject Nouse River bssiil
BILL HOLMAN Dipuim bat, Q.1m
SRCRRTART Nb= 080049
!* Rode Doad 0 Poplar Creek
Don Deny Tmet
,..,, Wakc Gaut
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Mr. Mc Iat -
. �. » i davG rel;,eped.tlle material rent. to u>t$ oa t� a 2000• 'I]le features ICpIC.iF.nttd on iho Wake county �s sad
'•'''+ r` w `- 11he & v r rev a� `ter `ubjedlAy w tho Ncu�e &&r we. T1a sp=k pq«I
rrca.
It pas ddermi -cd that the lt>cro is a named =d(Aoplar Crock). all unnamed trtbutary and s pend replysent i rn
Lhe maps that at>rpresent an tiie 4uouml and therefore Mub cd to the Neuse River basin Nutrient dcctsitiv* Warr
Manasement 5tmtW Protedion W Ma ntcaance of E*ting Riparian Arens. Administrative Code T15A8:ti8�93
(NCAC 02331 It pas determined tha the ft*we that emanalcs ka Ike pond 6axrmea an interWmat stream and
therefore subfet:t to the Newac oil owm Nutrient gerultive Waters Management 5tratw Protection and
Mamie zxe of ExiaN Ripadan Amm Administrptive Code T15AM-0233 (NCAC 0233) - Those: Ccxtures are
del[ rated on the aulterials reoeived.
'fins kticr addr+oaara only the applicabU of the Riparian buffer Rule. Thankyou foryour nUeJttioa to this matter
and if this Office ow be of arty essistlsnoc or ifyou hallo additional questions, plow do noL hcsitalo to contact as
i
bincerc�,
EnvlronBwW Wen!Jd
• •,,�. j'`...� �`v r C4` WO/John Doff gy
•w• "• • Wake Counter
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1769t-1739
itit NAIL ■[RVIc[ C[NT[R.
RALLION- 91;.57"7WNa RTN CApe LINA
PHONE D1p-y71-371■
�,+, t AN LOYAL OProRTUNRT I AIfIRNATIVC
ACTIDM Z.P—[R -
50% RCC—L[D/10% POER'0" MCR �w�R

Deborah Shirley
From:
Richmond, Martin <[e-mail]>
Sent:
Monday, November 15, 2010 2:43 PM
To:
Debbie Edwards
Subject:
RE: NBRRO 00-0049
Attachments:
nbrro00-0049.PDF
Debbie — attached is a map that was on the back side of the letter you provided. I scanned this in color because of the
yellow highlighter, which I'm hoping shows up on your copy. Let me know if this works for you.
Is this Rutledge S/D... ?
From: Debbie Edwards [mailto:dedwardsCabsandec com]
Sent: Monday, November 15, 2010 1:19 PM
To: Richmond, Martin
Subject: NBRRO 00-0049
Martin,
Attached is a buffer determination letter written by Steve Mitchell. Is it possible for you to check your files to see if there
was ever a map attached to this letter?
Thanks for your help,
Debbie
Debbie Edwards
Soil & Environmental Consultants, PA
11010 Raven Ridge Road, Raleigh, NC 27614
office: 919-846-5900
fax: [phone]
mobile: [phone]
email: [e-mail]_ m
`A Think before you print.
This electronic communication, Including all attachments, Is Intended only for the named addressee (s) and may contain confidential Information. This electronic c
ommunication may not have passed through our standard review/quality control process. Design data and recommendations Included herein are provided as a m
atter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are
not the named addressee (s), any use, dissemination, distribution or copying of this communication Is prohibited. If you have received this electronic communicati
on in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you.

JUL.241�006 16:09 919 876 5823 USAGE RAL REG
V -S. Army Corps of Engzneexs
Raleigh Regulatory Field Office
6508 Fans efthe Newe Road
Suite 120
RaNgk Forth Carolina 27615
Phoaae: •[phone]
Fax: [phone]
FAX COVM SEEN'
Date; _mac;, `r -- 0 (,
message to: ,, rAA- C
Fr02i1.o..
10'14 somber of pages including cover page:
`aN pages are not received, please call 876-- 1,
Reutar��:
+
#5551 P.001/006

JUL.24'2006 16:09 919 876 5823r USACE RAL REG
U.S. A IMY CORPS OF ENGINF
NVI"hWngto>t )District
#5551 P.002/006
FILE COPY
Action ID: 200421152
County: wake
GENERALFERN= (REGIONAL AND NAMN oz)'VEWICAnON
Property R and D Development, LLC Authorized Soil and Envis'onmental Coasultauts,
0WAer Attu: Don ferny Agent
AddressAttn: Sean Clark
4935-B Windy Hill Drive Address
Raleigh, NC 27609 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number [phone] Telephone Number
(919) $46-5900
Size and Location; of FrOPerty (Waterbody, Highway nalnelnumber, total, etc.):
The 128 -acne site is located south of Knightdale, approximaWy 5000 feet east on Poole Road (SR 1007),
from the iutersection of Poole Road and Bethlehem Road (SR 2049).
Desad.ption of Acavitty:
Tb"s Peumit authorizes mechanized landclearing, excavation, and the placement of fill associated with
Rutledge Lauding Subdivision. Temporary impacts to waters of the US for installation. of a s
li' ae include .034 acre of wetlands and 20 linear feet of au unnamed tributary 5�'�
River Basin. Y to Poplar Creek . the Neuse
Applicable Law:
Seetian 404. (Clean grater Act, 33 USC 1344)
Authorizatioli:
NatiO,nwide Pu nait ## 12 - Utility bine Activities
TAO wO k is allthorized by,the aba-ve referenced permit. provided it is accomplished in strict
accordance with the attached condltiOns, special canditxons listed at the end ofthla form, atid tbt;
Submitted plans. Any violatio.0 of the attacked coxlditaions or special
tbo submitted plans may subject the permittee to a stop condiiioxas, or deviation from vvoCess
appropriate legal action. ++ jQ saturation ordjThisv�.ttatioa will reaziain valid unto r,iceis utodified, reissued or revoked. If, prior to July 23; 2006 the �natioa a nu oz.za on
IS reissued and/or modified, this verifcatioit will remain, valid un' the xtatioawS�de 'mit authorization
complies with all a udificatioxm If the nationwide permit authoxizatiaa'e� apT ire or suspended, revoked, or
it.
is modified, such that the activity would no Ionger co*ply with the terms and Conditioks of the nationwide
permit, activities w,hicb have commenced (i.e., are under coustruction) or are under contract to commence
iIt rel#aaace span the natrotiwadc perm'; will resume authorized provided the activity 9.s Completed withhin
twelve months of the date of the nAtionwide Iiet'luit's ire
discretiQuary authority has been exercised oxt a case case basis to m ffi�tio suspend
or revocation,
autho�ation . odify, • sP

JUL-24'2006 16:10 919 876 5823
Action XD: 200421 152
USACE RAL REG
County: Wake
#5551 P.003/006
Activities subject to Section 404 (as indicated above) tray also .require an Wdividtml Section
401 Water Quality Certica#iou. You should contact the NC Dxvisiou of Water Quality at
telephone [phone] to determine Section 401 requirements.
For activities occwrisag wither the ttiveiats, coastal counties subject to regujation under the
Coastal Area Management Act (CAMA), prior to beggingyyoxk you must comtact the N C
Division of Coastal Managetnemt,
This Departwent of the Army veriOcation does not relleve the permittee of the resp0osib3lity
to obtaN any other rec{uired Fedearal, Stab or local approvals/permits.
i'f you ,have any questions regarding this verification, any of the attached conditions or
special conn IVOus of the Yermf4 or the Corps of rugineersulatory ro to
Axtdrea made at tat Pe number (9 " p- g'' p= -ase contact
ep �((}}I9) 876-8441 .
Corps Regulatory Official
Authorization Date;
See Attached
Copies FUDIShed:
Elpiratiou Date of verification: A4,74=6
Special, Conditions (if any) c Q� Z °0 7
Division of Water Quality, Wetlands/401 Unit, 1650 Mail Service Centex:. Mei6h, NC 27699-1650
SURVEY PLATS,, FMLD SKETCH; WETLAND DELMATION FORMS
N.ft IT BE ATTACHED TO TRE F&E- COP'S.'' OF THI3 FORk, 17REQTJ R PROJECT
FLANS,
ETC,

JUL.24'2006 16:10 919 876 5823 USACE RAL REG #5551 P.004/006
J tr
Action XD: 200020777 200421152 Cauzrty. 1 Wake
SPECLI L PMNRT CONDITION
Recommended by the North Carolina Wildlife Resources Commission:
1. Permittee sball install in -stream silt curtain weighted at the bottom, and stringent bank erosion
control. If tree removal is required, stumps and roots should remain intact for bank stabilization.
2. Permittee shall initiate M* -stream construction activities only during low ;qow conditions that allow
for the effective deployment of the silt euttain.
3. Permittee shall install silt fences and t=porary check dams at all wetland and stream crossings to
be removed following complet[on of the activity and proper stabilization of disturbed soils within
the work area.
4. Permittee shall seed wetland areas with wetland seed mature only. Species selection shall be
subject to Corps approval.
ReOi ring recording of wetland map for a su,bdivislon:
Permittee, shall cau$e to be recorded in ate Register of Deeds for Wake County a plat, showing the
subdivision plan for the property, and a survey of the boundary of the jurisdictional waters of the United
States, as approved by the Coxes of Engineers, prior to the sale of any proper
iy within the subdivisiozr.
Reglomal Conditions
For all NWPs that involve construction of culverts, measures will be included in the constructico that will
promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the
dimeMion, patterm, and profile of the st emn, (above and below a pipe or culvert), should not be modified
by widening the* stream channel or by reducing the depth of the stream. Culvert inverts will be buzied at
least one foot below the bed of the stye= for culverts greater than 48 imcbes in diameter. For culverts 48
inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or
greater than 20 percent of the diameter of the culvert,
Utility Lime Installations
The areas of waters Of the United States that are disturbed will be limited to the minimum necessary to
install the utility line. TbO construction cou idox authorized by this permit will not exceed forty (40) :Feet
in width in the wetland areas.
Upon completion of the work, only a twenty (20) foot wide maintenance corridor or less is allowed by
this permit within, the wetland areas.
Permittee shall seed wetland areas with wetland seed mixture only. Fescue grass will not be utilized
in the wetland areas.

,TUL.21'2006 16:10 919 876 5823 USACE RAL RSG #5551 P.005/006
FILE COPY
U.S. ARMY CoRps of FNGmFRS
NV mIngton District
Action ID: 200024777 County: wake
G MRAL PER OT WGIONAL AND NATiONWME) V19RMCATION
P"Pe:rtY R and D Development, I,,C .Authorized Soil and Envimminental Consultants,
Owner ,Alta: Don Perry Agent Attu: Sean Clark
Address 4938-B Windy Hill .Drive Address
Raleigh, NC 27609 11010 Raven Ridge Road
, Raleigh, NC 27614
TelEplhome Number [phone] Telephone Number (919) g4�-5900
Szze and Looation of Property (waterbody, Mghway namelnuxaber, town, etc.):
The 128 -acre site is located south of Kuightdale,'app?oxixnately 5000 feet east on Poole Road (SR 1007),
from. the intel'sectiom of Poole Road and Bethlehem Road (SR 2049),
Description of Activity:
This permit autJxoxizes mechanized Iandclewmg, ucavatioze, the placement of fill and the installation of
calvexts associated with Rutledge Lmding SnVdivWon. Permauent impacts to waters of the US
izxclvde .071 sere of wetlands, 65 linear feet and .01 acre of an unnamed tributary to Poplar Creek in tha
Neuse River Basin,
Applicable Law:
Section 404 (Clean Nater Act, 33 USC 1344)
4lvAuthorizatio�a:
atio'z de Fernuit # 39 - ResidentiW, Commercial, and Institutional Developnmztts
The work Is*suthorized by the above referenced permiit provided it is. accomplished in strict
accordance with the attached conditions, special conditions listed at the enol of this .form, and the
submitted plans. Any violation of the attached conditions or special caudxtians, or devilfi=&cm
the submitted plants may subject the permittee to • R stop work ordres atiozi o
appropriate legal action. r
Thie•verlacation wM remain valid uhtll
is modified, reissued or revoked., prior to Jtily 23, 2005 a aaddn eau orization
is reissued andlor mo&fled, this verMention will re a naiio�awide permit anihoxizataoz�
maize valid until .d� M %4 W :-7 provided It
comedies with all that th sada. >f the d a'onw'de permit authoriution expires or is suspended, revoked, or
is modtlied, such tblaf the icily#ty would no Ionger cOmPly with the tezms and conditions of the uAtionwide
permit, activities which have commenced (i.e., are ander coustrucaGn) or are ander contract to commence
In reliance upon -the imatiotewide permit; will r©main Ruthflzized provided the activfl2y lis coMpleted wit%ix,
twelve months of the date of file nationwide permit,$ expiration, modification or revocation, ! bb
discretionary authority has been exercised ort a case-by-case bads to modify, suspend or revoke the
authorization.

JUL.2412006 16:10 919 876 5823 USAGE RAI, AEG
f' i
County Wake
#5551 P.0061006
Aetiom 'ED: 204020777 may. require an individual Section
as indicated above) Y at
Activiae,5
subject to Sectiom 404 (VIDU should the NC Division of Water Qualxtl'
401 Water Qty Certiftcatian. itte Section 401 recluwemepts.
733-1186 to Clete ect to regulation nude' the
teXephone (919) coastal conn►ties S,
wi�thln the twenty ring work you must contact the N -C -
For activities occurx� Act CAMA)� Prior to bei
Coastal Area Management (
Dxvfsion of Coastal Nlanagemeut. n�br]ity
veYlficadon does not relieve the permittee of the respo
1' eut of the Armyrov WPermlts.
Tbb Department
to obtain my other required Federal, State or local aPP op any of the ached condYtlons or
estions regarding this ver"kca# atox9 Pregr�' please contact
00t'..;
If you have any � or the Coss of Fn&eers xeg�
Special coddYtions of the Pexncd{ Inumbe 19) 8768441 -
,�dzea Wade
Corps Regulatory 4 fficlal
Expiration pate o£ Verification: 491,
1 ,S?
A•utIoriation Date:
Special CO'n"ions of an9)
See
�a
hod: eavioe Center, Rnie�, NC 27699-1650
Copies Furais 1650 Mail S
vision of Water Quwty> W la4ds/401 Unit
WETLAND
]D.BL NEATIO�T FO�MSinR IS, ET
DOR AVAILABL]
am-nX PLATS' FMLD SIMTCD, FLAT
WE PO1tM Ila' =,Q
MUST �� ATT,AC�D TO TiT3� Fll<E COP1Z Ok"

R & D Development, LLC
Attn: M. Don Petry
4938-B Windy Hill Drive
Raleigh, NC 27609
Mid —I A Fa,,ey, Goveawr
ME= r. Ras+ Jr.. Saststary
Na*h Ck-r— bTut tw cf BaY=wmaL ud Namoi Kamm=
Atm W Kllmei. Fm Disectar
Divisiae of WaasQ=Hty
DWQ Project No: 03-1338
Wake County
AUG 2 Page 1 of 4
Subject Property: Rutledge Landing Residential Subdivision,
Poole Road (SR1007), Kndghtdale, NC
Poplar Creek [03-04-02, 27-35, C NSW (nutrient sensitive water)]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (;5A NCAC 213 .0233),with Additional Conditions
Dear Mr. Perry:
You have our approval, in accordance with the attached codditions and those listed below, to
place fill within or otherwise impact 0.105 acres of wetlands, 313 feet of streams and 25,757
square feet (ft) of protected riparian buffers for the purpose of constructing a residential
subdivision at the subject property, as described within your application dated June 23, 2004 and
received by the N.C. Division of Water Quality (DWQ) on June 23, 2004. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 and 3374 (GC3402 and GC3374). The Certification(s) allows you to use
Nationwide Permits) 39 and 12 when issued by the US Army Corps of Engineers (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B.0233. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control and Non -discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shaft expire upon expiration of the 404 Perrot.
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 211.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are;
401 WSIIM*C&V=fcnUna
IM MM SaNke Qmb, Rabo, NoO carci a 27e98-1850
2321 QMbMe 9a and. Stab moo, Rafth, Nrelh QMne 27804
Phmb:91&7M-1768I FAX 91S73361396(y�braat�7HOJm2¢enrstntQnc�a/r tlands
Carolimlyy
atrmrl

R & D Development, LLC / Rutledge Landing Subdivision f DWQ Project No. 03-1338
Page 2 of 4
Aagust 17, 2004
I. Impacts Approved -The following impacts ata hereby approved as long as all of the other
specific and general conditions of this Certification are met. No otherimpacts are approved
including incidental impacts:
Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian
buffers The required area of mitigation to compensate for impacts to the protected riparian
buffets is 21,714 square feet as required under this Authorization Certificate and 15A NCAC
2B .0242(bufj'er mitlgatian rule). We understand that fou wish to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program
(EMP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B
.0242(7)(buffermidgwian rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 213 .0233(10)(bu er protection rule). Until the EEP receives
and clears your check (madepayable to: DENR — Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted
at ([phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund You have one month from the date of this approval to make this payment,
For accounting purposes, this Authorization Certificate authorizes payment into the
Riparian Buffer Restoration Ftmd to compensate for 21,714 fin of required riparian
buffer mitigation for impacts to 8,874 W of protested riparian buffers; 03-04.02 river and
subbasin, 27-35 stream index number."
Diffuse Flow (Review) - All constructed stonnwater conveyance outlets shall be directed
and maintained to flow in a diffuse manner at non-erosive velocities through the entire
protected stream buffer without m -concentrating. If this ie not possibly it may be necessary
to provide stormwater facilities that are considered to remove nitrogen. Additionally, a
stormwater management plan for this project shall be provided to this Office before
any of the bnpaets approved herein are conducted. The plan shall specify all stormwater
discharge points, plan details, and calculations to indicate that diffuse flow through the
protected buffers or nitrogen removal as described above will be achieved.
4_ Deed Notifications -Deed notifications or similar mechanisms shall be placed on all
retained jurisdictional wetlands, waters and protective buffers in order to assure compliance
for future wetland, water and buffer impact. These mechanisms shall be put in place prior to
impacting any wetlands, waters and/or buffers approved for impact under this Certification

R & D Development, LLC I RuHedge Landing Subdivision / D WQ Project No. 03-1338
Page 3 of 4
August 17.2004
Approval and Authorization Certificate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http;/Ai2o.enr.state.nc.us/ncwedands. The text of the
sample deed notification may be modified as appropriate to suit to this project,
Erosion & Sediment Control Practices - Erosion and sediment control practices must be in
full compliance with all specifications governing the proper design, installation and operation
and maintenance of such Best Management Practices in orijer to protect surface waters
standards:
The erosion and sediment control measures for the project must be designed,
installed, opersted, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements speed
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.
No Waste, Spoll, Solids, or Full of Any Kind - No waste, spoil, solids, or fill of any kind
shall occur in wetlands, waters, or riparian area beyond the footprint of the impacts depicted
in the Pte -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.
7. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and
erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the
date that the Division of Land Resources has released the project.
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/Wetlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Rakigb, NQ
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 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 bearing. 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 Officeof Administrative

R & D Development, LLC / Rutledge Leading Subdivision / DWQ Pmject No. 03-1338
Page 4 of 4
August 17.2004
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 Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone John Dorriey at 919-733-9646 or Bob
Zatzecki at 919-733-9726.
Sincerely,
0�Alan W. Klimek, P.E.
AWlUbz
Enclosures: GC 3402
Certificate of Completion
cc: Sean Clark, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 031338

of WArF�p Michael F. Easlay, Govemor
O G V4AM M Ross Jr„ Swretluy
vj r North Cardrna DWaftent of Environment and Natural r
y Alan W. Klimek, P. E Dhow
1P V DhAsicn of WaterCuallry
Cdeen K Su8u1s, Deputy of ecku
cm2lon Of water Ckmay
NORTH CAROLINA DIVISION OF WATER QUALITY
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with f 5A NCAC 28 .0242, R ✓4 D Development, LLC has pgrmfssion as outlined below and within the
General Water Quallty CArtfi ation (WQC) Number 3402 W/ additional conditions to impact protected riparian buffers for
the purpose(s) of constructing the proposed Rutledge Landing Subdivision. All actiffma associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
AUTHORIZATION CERTIFICATE IS NOT VAUD WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 03.133a
Date: August 17, 2004
LOCATION: Knthtdale
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin): 27-W(stream index no.)
As required by 15A NCAC 2B.0233 and the conditions of WQC No. 3402 w( additional conditions, you are required to
compensate for the above impacts through the restoration or enhancenjont of buffers as outlined below prior to
conducting any activities that impact or degrade the waters of the state. '•.
21,714 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Riparian Buffer Restoration Fund per 15A NCAC 2B .024.2 If you choose this option, Please Sign this form and mail
it to the EEP at the address listed below. An Invoice for the appropriate amount of payment will be send to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mall Service Center
Raleigh, NC 27699-1619
[phone]
North Camilna DNislon of Water Quarily, 4131 Wetlands CertilicaWn unit,
1650 Mail Service Center, Raleigh, NO 27699-1 asp (Maikrt0 Address)
2321 Crabtree Brvd., Raleigh, NO 27604-2280 (LacatW)
91 9739-1 78 6 (phone), 419733.6883 0ax), ffitp9hr2o.enr 9ff1e rr uahx:wellards!
._ ....., 1'.----.— e..,..,.....
M=

Mr. Brian Massengill
Rutledge'Development Company, LLC
4900 Thornton Road, Suite 125
Raleigh, NC 27616
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 31, 2008
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 03-1338, Ver. 2
Wake County
Subject Property: Rutledge Landing Subdivision — Phase III
Ut to Poplar Creek [030402, 27-35, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Massengill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 128 linear feet of perennial stream (104 linear feet of permanent impact and
24 linear feet of temporary impact), 52 linear feet of intermittent stream, and 9,812 square feet of Zone 1
Neuse River basin protected riparian buffers and 3,115 square feet of Zone 2 Neuse River basin protected
riparian buffers, as described in. your application dated July 2, 2008, and received by the Division of
Water Quality (DWQ) on July 2, 2008, with additional information received by you on July 21, 2008, to
construct the proposed residential development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704).
The Certification(s) allows you to use Nationwide Permit(s) NW14 when issued by the US Army Corps
of Engineers (USACE). 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 CAIMA Permit.
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.
The Additional Conditions of the Certification are:
1. Impacts Approved
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:
I;thCaro iina
401 Oversight/Express Review Permitting Unit 61t1l1'R elf
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
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Rutledge Development Company, LLC
Page 2 of 5
July 31, 2008
Type of Impact
Amount Approved nits
Plan Location or Reference
Stream - perennial
128 [(linear feet) 104 linear feet of
permanent impact and 24 linear feet of
tem o act
PCN page 6 of 11
Stream - intermittent
52 ear feet
PCN oage 6 of I 1
Buffers Zone 1
9,812 (square ft.
PCN page 9 of 11
Buffers Zone 2
3,115 (square ft.
PCN page 9 of 11
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 .grosioh 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, •
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
S. 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
(hio://www.ncdot.org/doh/operations/BMP manual/download/BNT Manual pdf)
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.

Rutledge Development Company, LLC;
Page 3 of 5
July 31, 2008
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 €ootfor 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
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.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re -concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before -any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.

Rutledge Development Company, LLC
Page 4 of 5
July 31, 2008
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement .of the modifications.
8. 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;
9. 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 anadjudicatory 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 40 i of the Clean Water
Act and the Nbuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. A
CHS/Um
Enclosures: GC3704
Certificate of Completion
Coleen H. Sullins

Rutledge Development Company, LLC
Page 5 of 5
July 31, 2008
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 031338Vcr2RutledgeLandingSDPhaseIIl(Wake)101 NBR

nvironm
ena1 Cor�s:ult`a>n:ts-PA
11010 Raven Ridge Road •Raleigh, North` Carolina ,27614 ' • Phone: [phone] • Fax': [phone]
www SwdEC.com ,
..August 19, 2008
S&EC Project # 7451MI
-US Army Corps of Engineers
Attn; Jamie Shelli.
3331.Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: Notification of Statutory Status -of Request for NWP #14
Rutledge Landing -Phase III (Re -verification)
• .Wake County, North Carolina
Dear Mr. Sherr:
On July 2, 2008, S&EC requested re -authorization from the US Army Corps of
Engineers (USACE) to utilize Nationwide Permit (NWP) 14 to construct a road within a
residential subdivisi'oin. Proposed impacts total 180 linear feet of stream (104 permanent
perennial, 52 permanent intermittent, and 24 temporary perennial) and no wetland
impacts. At this time, 47 days have lapsed since the US Army Corps of Engineer's "
receipt of the complete preconstruction notification. To paraphrase the Federal Register -
(Vol. 67, No. 10, section 13.a.1), the permittee may begin the proposed work if the
USACE has not sent any written notices (i.e. the permit itself or any notice of an
incomplete submittal, etc.) within 45 days of the District or Division Office of the
USACE receiving the complete permit application therefore, according to the
aforementioned regulation the client may proceed with the proposed activity'as depicted
in the submitted permit application and in compliance with the NC -Division of Water
Quality's 401 -Approval.
Sincerely, _
Debbie Edwards
Environmental Specialist
cc: Mr. Brian Massengill (Rutledge Landing Development, LLC)
Attachments
I. Copy of NWP General Conditions, Section 13
2. Copy of USACE signed receipt of the completed PCN application
Charlotte Office: Greensboro MCC_
236 L&Mlip Court, Suite C. 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone]
Fax: [phone]

g ent requirements). Another
important component of water quality
management is the establishment and
maintenance of vegetated buffers next
open waters, including streams (refer t
General Condition 19 for vegetated
buffer requirements for the NMS).
This condition is only applicable to
projects that have the potential toafled
water quality. While appropriate
measures must be taken, in most cases
it Is not necessary to conduct detailed
studies to identify such measures or to
require monitoring.
10, coastal Zone Management. In
certain stales, an individual state co
zone management consistency
concurrence must be obtained or waiv
(see Section 330.4(d)).
11. Endangered species. (a) No
activity is authorized under any NWp
Which is likely to jeopardize the
continued existence of a threatened or
endangered species or a species
Proposed for such designation, as
identified under the Federal Endanger,
Species Act (ESA), or which will
destroy or adversely modify the critical
habitat of such species. Non-federal
Permittees shall notify the District
Engineei if any listed species or
designated critical habitat might be
affected or is in the vicinity of the
project, or is located in the designated
critical habitat and shall not begin work
on the activity until notified by the
District Engineer that the requirements
of the ESA have been satisfied and that
the activity is authorized. For activities
that may affect Federally -listed
endangered or threatened species or
designated critical habitat, the
notification must include the name(s) of
the endangered or threatened species
that may be affected by the proposed
work or that utilize the designated
critical habitat that may be affected by
the proposed work As a result of formal
or informal consultation with the FWS
or NMFS the District Engineer may add
species-specific regional endangered
species conditions to the NWps.
(b) Authorization of an activity by a
NWP does not authorize the "take" of a
threatened or endangered species as
defined under the ESA. in the absence
of separate authorization (e.g.. an ESA
Section 10 Permit, a Biological Opinion
with "incidental take" provisions, eta)
from the USFWS or the NMFS, both
lethal and non -lethal "takes-' of
protected species are in violation of the
ESA. Information on the location of
threatened and endangered species and
their critical habitat can be obtained
directly from the offices of the USFWS
and NMFS or their world wide web
pages at http:llwww.fws.govlr9endspp1
2091) Federal Register/Vol. 67, No. 30/Tuesday, January 15, 2002/Notices
mana em
endspp.html and http.11www.nfmsgovl
prot_reslesahome.html respectively.
12. Historic Properties. No activity
to which may affect historic properties
o listed, or eligible for listing, in the
National Register of Historic Places is
authorized, until the District Engineer
has complied with the provisions of 33
CFR part 325. Appendix C. The
prospective permittee must notify the
District Engineer if the authorized
activity may affect any historic
Properties listed, determined to be
eligible, or which the prospective
permittee has reason to believe may be
asml eligible for listing on the National -
Register of Historic Places. and shall not
ad begin the -activity until notified by the
Of trict National Hthat the
c eres rw tme ts
have been satisfied and that the activity
3s authorized. Information on the
location and existence ofhistoric
resources can be obtained from the State
Historic Preservation Office and the
d National Register of Historic Places (see
33 CFR 330.4(8)). For activities that may
affect historic properties listed in. or
eligible for listing in, the National
Register of Historic Places, the
notification must state which historic
property may be affected by the
Proposed work or include a vicinity
map indicating the location of the
historic property.
13. Nati, icution.
(a) Tlming; where required by the
terms of the NWP, the prospective
permittee must notify the District
Engineer with a premnstruction
notification (PCN) as early as possible.
The District Engineer must determine if
the notification is complete within 30
days of the date of receipt and can
necesst additional information
sary to make the PCN complete
only once. However, if the prospective
permittee does not provide all of the
requested information, then the District
Engineer will notify the prospective
permittee that the notification is still
Incomplete and the PCN review process
will not commence until all of the
requested information has been received
by the District Engineer.)i'he
Prospective ermittee 311—not begin
e a vi
1 ah notified in writing by the
District Engineer that the activity may
Proceed under the NWP with any
special conditions imposed by the
District or Division Engineer, or .
(2) If notified in writing by the District
or Division Engineer that an Individual
Permit is required; or
� (3) Unless 45 da s have passed from
the District ngiaeer's receipt of the
complete notification and the
prospective permittee has not received
written notice from the District or
Division Engineer. Subsequently, the
permittee's right to proceed under the
NWP may be modified, suspended, or
revoked only in accordance with the
procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents ojNoU'ficatron:The
notification must be in writing and
include the following information:
(1) Name, address and telephone
numbers of the prospective permittee;
(2) Location of the Proposed project;
(3) Brief description of the proposed
project; the project's purpose; direct and
indirect adverse environmental effects
the project would cause; any other
onal General Permit(s) or
Individual) Permits) used or inter ed to
ct be used to authorize any part of the
proposed project or any related activity.
Sketches should be provided when
necessary to show tbat the activity
complies with the terms of the NWP
(Sketches usually clarify the project and
when provided result in a quicker
derision.); ,
(4) For NWPs 7.12,14,18, 21, 34, 38,
39, 41, 42, and 43, the PCNmust also
include a delineation of affected special
aquatic'sites, including wetlands,
vegetated shallows (e.g., submerged
aquatic vegetation, seagrass beds), and
riffle and pool complexes (see paragraph
13(f));
(5) For NWP 7 (Outfall Structures and
Maintenance), the PCN must include
information regarding the original
design capacities and configurations of
those areas of the facility when
maintenance dredging or -excavation is
proposed;
(6) For NWP 14 (Linear
Transportation Crossings), the PCN
must include a compensatory mitigation
Proposal to offset permanent losses of
waters of the US and a statement
describing how temporary losses of
waters of the US will be minimized to
the maximum extent practicable;
(7) For NWP 21 (Surface Coal Mining
Activities). the PCN must include an
Office of Surface Mining (t1;SM) or state -
approved mitigation plane if applicable.
To be authorized by this NWP, the
District Engineer must determine that
the activity complies with the terms and
conditions of the NWP and that the
adverse environmental effects are
minimal both individually and
cumulatively an'd must notify the
project sponsor of this determination in
writing;
(B) For NWP 27 (Stream and Wetland
Restoration), the PCN must include
documentation of the prior condition of
the site that will be reverted by the
permittee;
/P

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BOUNDARY WAS FIELD VERIFIED BY THIS
FIRM AND TAKEN FROM A SURVEY ttly
ENTITLED "PLAT OF SURVEY FOR FAITH
KEITH, RUTLEDGE LANDING PHASE 1 AND 0.
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WETLAND LOCATION NOTE: di'm
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BY S&EC BASED ON FIELD INVESTIGATION Qa
AND GPS LOCATION AND US ARMY
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JANUARY 2012. ALL GPS LOCATION r_
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DATE. 11-20-11
9755 Benson
Raleigh, North Carolina 27808
819-077-8992 Fae 9I9-877-9978
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