20071481 Ver 5_401 Application_20080808

CAROLINA
ECOSYSTEMS, INC.
TRANSMITTAL FORM
To:
Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Boulevard, St 250
Raleigh, NC 27604
We are sending you: ® Attached
The following items:
8208 Brian Ct.; Garner, NC 27529
r' ?' v L P:919-606-1065 - F:919-341-4474
Date: 08/07/08
Project: Thales Academy Outfall
Reference No.:
? Email ? Under Separate Cover
COPIES DATE ITEM NO. DESCRIPTION
5 08/07/08 1 PCN for Riparian Buffer Impacts
5 02/22/08 2 Engineering Plans for Thales Academy

These items are transmitted as checked below:
® For approval
? For your use
? As requested
? For review and comment
Comments:
Signed:
Name:
? Approved as submitted
? Approved as noted
? Please return
? Other:
AEG 7 2008
t*TLMD
IIENR SAND STORK ER BRMCH
Title: Senior Environmental Scientist
Copied to:
Alan Manness, P.E. ; BBM Associates, Inc.
'"a?.N i II @ ?¢m A 6 .tsw3.
8208 Brian Ct.; Garner, NC 27529
' 1 g P:919-606-1065 - F:919-341-4474
August 7, 2008
Ms. Cyndi Karoly
401 Unit
NC Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
RE: Neuse River Riparian Buffer Authorization
Thales Academy Outfall
Apex, North Carolina
Dear Ms. Karoly;
AU G 7 2008
DENR - WATER n A R BRWCV4
VrZTL j+,NDS AND STORMW
The Town of Apex and Thales Academy are constructing a private school and future Town park
adjacent to the Villages of Apex (formerly called Trackside North and South) in Apex, North
Carolina. In support of this activity, Carolina Ecosystems, Inc. (CEI) and BBM Associates, Inc.
have prepared this request for authorization of an anticipated impact to riparian buffers under the
jurisdiction of the Neuse River Basin: Nutrient Sensitive Waters Management Strategy:
Protection and Maintenance of Existing Riparian Buffers Rule (15A NCAC 02B .0233).
Included in this submittal are the PCN form, vicinity and site maps, engineering plans and
details, site photographs, and stream verification information.
Project Description
The Thales Academy is being constructed between North Salem Street and Laura Duncan Road,
north of Hunter Street in downtown Apex (Figure 1). Plans are underway to extend the Apex
Peakway north of the site, connecting it to two other portions of the thoroughfare either already
constructed or under construction. The Thales Academy and a future Town park will connect to
the Peakway and Hunter Street. The Academy and the park require sewer service to operate. A
gravity outfall will be constructed down the proposed access road and along the Peakway. It will
then connect to the existing Villages of Apex (Trackside North) sewer system currently under
construction.
It was originally anticipated that the Peakway would be permitted and under construction by the
time the Academy was being constructed, and therefore no permitting would be required for this
site. Since the Peakway permit has not been submitted (but is anticipated within the next several
weeks) and utility conflicts require a buffer crossing to connect the sewer (described below), the
Th'ales Academy sewer outfall requires a buffer authorization. The only impact associated with
the site is the sewer crossing, which is not on the Thales Academy property. The sewer will be
Ms. Cyndi Karoly Page 2 of 4
August 7, 2008
located in an easement acquired by the Town of Apex, and therefore the Town is serving the role
as the applicant for this application.
Adjacent Projects
As seen in Figure 4, several independent projects are being developed in the area. The Apex
Peakway will be constructed north of the Academy. Although permits have not been submitted
at this time, the existing Peakway sections to the east and west, along with the presence of a
railroad to the east and the Guy C. Lee facility to the west, limit the options for the roadway
alignment. The Villages of Apex (formerly Trackside North and South) are being developed to
the north and east of the site. The Villages of Apex was determined to be two independent
projects by the US Army Corps of Engineers. Permits were issued for the north section in May
2008, and a Nationwide Permit application for the south section will be submitted in the near
future.
Project Alternatives, Avoidance, and Minimization
Several alternative alignments for the sewer outfall were considered. Each of these was deemed
impractical for the following reasons:
? Running the sewer line down Ambergate Station across the Peakway to tie into the
Trackside North sewer infrastructure was evaluated. However, the grade of the sewer
line required to tie into the existing line would be in conflict with the approved
stormwater infrastructure on the Villages of Apex site.
? Crossing the buffered stream at a perpendicular angle to tie into the existing sewer on
Branchline Road would result in additional impacts:
o A stream crossing (not jurisdictional under the Clean Water Act) would be
required.
o The line would be above grade and require fill within Zone 1 and the stream.
o An aerial crossing is not allowed by the Town due to maintenance and safety
concerns with the proximity of residences and the school.
? Moving the non-perpendicular portion of the sewer crossing out of the buffers would
result in additional length of the line, which is already at minimum required grade for a
gravity sewer outfall. This additional length would either drop the line below minimum
grade or not be able to tie into the Villages of Apex sewer system.
? The proposed alternative minimizes impacts to the greatest practical extent. The majority
of the buffer impact will be under the alignment of the proposed Peakway. The non-
perpendicular portion of the crossing is limited to Zone 2 for the permanent maintained
corridor, and requires only minor work in an area of Zone 1 that was already mostly
devoid of trees (an old agricultural field).
? The crossing avoids any stream impacts.
Proposed Impacts
The proposed impact occurs between the Peakway and the existing sewer line, where it crosses
and runs parallel to an intermittent stream and associated riparian buffer. The stream channel is
Ms. Cyndi Karoly Page 3 of 4
August 7, 2008
not jurisdictional under the Clean Water Act. The line also crosses an old sedminent/stormwater
basin that was determined to be isolated from the stream by Wilbur Smith Associates during
their investigation of the Peakway project. Although a man-made structure it is shown on the
attached plans due to lack of maintenance and existence of wetland characteristics. No permit
under the Clean Water Act or State Isolated Wetland rule is required due to the isolated status
and the fact that the sewer line impact is less than a tenth of an acre with no clearing in the
wetland.
NCDWQ verified the stream calls and buffer status of Trackside North, where the proposed
impact is located, on March 11, 2005, and Trackside South, including the Thales Academy
property on September 6, 2007 (Attachment 4). A plan sheet depicting the impact site is
included as Exhibit 1. Also attached is a complete set of plans for the project showing the
overall layout of the site, utility line design, and stormwater controls. A perpendicular crossing
of the upper portion of the buffer will occur in an area to be impacted by the Peakway, including
Zone 1 and 2 impacts, and minor impacts to the old stormwater basin. A non-perpendicular
portion of the crossing runs almost parallel through Zone 2 of the buffer. A temporary
construction corridor will impact a minor portion of Zone 1 of the buffer, most of which is an old
agricultural field. As discussed above, the corridor will require fill to avoid an aerial crossing.
The temporary corridor will be replanted, and the maintenance corridor vegetated.
Mitigation
The Neuse Buffer Rules allow perpendicular crossings of buffers for sewer lines. The proposed
maintenance corridor will be within the alignment of the Peakway and therefore will be
superseded by that permit when issued. The non-perpendicular portion of the sewer would
require mitigation for the Zone 1 impacts. If required, the mitigation will be provided through
the North Carolina Ecosystem Enhancement Program (Attachment 4). However, since the Zone
1 buffer to be impacted is a field, we respectfully request consideration that no mitigation be
required since relatively little change in land use will result from the project. Since it is a
temporary corridor for construction of the line, it could be considered a temporary road and
therefore exempt from mitigation as it is under 2,500 square feet.
Stormwater Management
Stormwater review and approval is under the delegated authority of the Town of Apex. The
plans for the site have been approved by the Town and documentation of this is attached. The
stormwater outfall complies with the Neuse basin diffuse flow requirements, as it discharges into
an existing non jurisdictional ditch. This ditch passes through a pipe under the railroad and
along another ditch prior to becoming a jurisdictional feature.
The preceding information, along with the enclosed Pre-Construction Notification and associated
materials, is submitted for your review for this project. We appreciate your time in reviewing the
documentation of this project. Please contact me at your earliest convenience if you have any
questions or require any additional information.
Ms. Cyndi Karoly
August 7, 2008
Page 4 of 4
Sincerely,
Carolina Ecosystems, Inc.
Philip
Senior Environmental Scientist
Cc: Bruce Radford, Town of Apex
Mark Gramling, Apex First Development LLC
Alan Manness, P.E., BBM Associates, Inc.
Thales Academy Outfall
Neuse River Riparian Buffer Authorization
Pre-Construction Notification
ATTACHMENT LIST
Attachment
1 PCN Form
2 Figures
3 Site Photographs
4 Regulatory Correspondence
5 Exhibits (Engineering Plans under separate cover)
Figures
1 Vicinity Map
2 USGS Map
3 Soil Survey
4 Site Overview
5 Exhibit 1 (Proposed Impact)
Exhibits
1 Overall Utility Plan
2 Enlarged Utility Plan
3 Utility Profile 177-176
4 Branch Line Sta. 8+24.77 to Sta: 17+00
5 Site Utility Plan C4.1
6 Stormwater Wetland Design Plan/Profile C3.5
7 C3.5 (above) with Town of Apex Approvals
ATTACHMENT 1
Pre-Construction Notification Form
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: None - Buffer Author. only
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:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: (;:Z?, [A M P=
? n
II. Applicant Information k1 1:9 V
1. Owner/Applicant Information AU G 7 2008
Name: Bruce Radford Town Manager
ER n???n ??
Mailing Address: Town of Apex WETL,?NDS AND STORMYN
P.O. Box 250
Anex, NC 27502
Telephone Number: 919-249-3400 Fax Number: 919-249-3305
E-mail Address: bruce.radford(iiapcxnc.org
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: Phil May
Company Affiliation: Carolina Ecosystems, Inc.
Mailing Address: 8208 Brian Court
Garner, NC 27529
Telephone Number: 919-606-1065 Fax Number: 919-341-4474
E-mail Address: hf?il.inav?arc?(inar_ec?.c??i»
III. Project Information
Page 1 of 10
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: Thales Academy Outfall
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not a DOT project
3. Property Identification Number (Tax PIN): 0742547499 (Thales) & 0742555453 (outfall
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): NA (adjacent to Villages of Apex)
Directions to site (include road numbers, landmarks, etc.): From Raleigh, take US 1 south
towards Sanford. Take the US-64 exit towards Asheboro. After passimng throua stop light
at Laura Duncan Road, take the next exit labeled Downtown Apex Take a left at the end of
the ramy onto N. Salem Street. Take a left at the next light to continue on N Salem St The
site is on the left (east) of the Guy C Lee building Temporary access is off the gravel drive
entrance to the south of Guy C Lee.
5. Site coordinates (Lat/Long or decimal degrees): 35.741426 N -78.847074 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 17.6 ac
7. Name of nearest receiving body of water: UT - Williams Creek
8. River Basin: Neuse (HUC 03020201)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http: il12o.etir.state.tic.us; adiiiI ups/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:The site is comprised of old axieultural fields and forested
areas. The Thales Academy is currently being constructed on the site Adjacent land use
Page 2 of 10
includes industrial buildings (west), residential and commercial (north - under construction,
railroad line (east), and agricultural and forested areas (south - to be Town of Apex park)
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed impact consists of a sewer outfall connecting Thales Academy to the Town of Apex
sewer system in the Villages of Apex (Trackside North). The Academy itself will consist of
one main building, driveway, and parking area. A ball field will be constructed to the north
and a Town of Apex park will be constructed to the south. No impacts are associated with
these proiects with the exception of this outfall. Standard construction equipment will be
used to grade the site and install the sewer line. Limited clearing will occur in the buffer as it
is primarily an old agricultural field. Fill will be placed along the sewer from the proposed
Apex Peakway to the Villages of Apex connection.
11. Explain the purpose of the proposed work: The purpose of the sewer outfall is to provide
service to the Thales Academy when it opens this fall The Academy will provide the
residents of Apex and the surrounding area with an alternative education system for their
children.
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.
No jurisdictional determinations have been made for Thales Academy itself, but the property was
donated by Apex First Development and was delineated under the Trackside/Villa eg s of Apex
project. A 401 Certification was issued in Mg y 2008 (DWO # 07-1481 Ver. 3) Buffer calls for
the sewer impact were made in 2005 on Trackside North (NBRRO 05-064 and IPRRO 05-003).
Verification of buffers on Trackside South (the remainder of the Thales property) were made in
2007 (DWQ EXP# 07-1481). Copies of the buffer letters are included in Attachment 4 The
Peakway delineation was submitted to the USACE for verification and a permit application is
expected to be submitted soon.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional impacts are proposed for the Thales Academy. A Nationwide Permit for Villages
of Apex (Trackside South) will be submitted in August 2008 These projects were determined to
be of independent utility by the USACE Figure 4 shows the adjacent Villages _ of Apex project
locations and the Town Park. As mentioned above the Apex Peakway application is anticipated
shortly.
Page 3 of 10
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.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: No waters will be impacted.
The proposed impacts consist of limited clearing of trees in the buffer areas (most of the buffer is
an open field) to allow for construction of a gravity sewer outfall. The line will be placed in fill
to avoid an aerial crossing, which the Town of Apex does not allow due to safety concerns and
the proximity to residential areas and the school. The outfall temporary construction corridor
will impact Zone 2 and a limited portion of Zone 1, while the permanent maintenance corridor (a
required 20' by the Town of Apex will only impact Zone 2.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
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 Stream (acres)
es/no) (linear feet
1 Utility line construction Isolated No 50 0.021
Total Wetland Impact (acres) 0.021
3. List the total acreage (estimated) of all existing wetlands on the property: 4.54 (all properties)
4. 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)

Page 4 of 10
Total Stream Impact (by length and acreage) 0 0
5. 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
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
(acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the roiect:
Stream Im act (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. 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.
The isolated water is an old stormwater basin with wetland indicators due to lack of
maintenance. This was identified by Wilbur Smith during the Apex Peakwav work The
utility line will cross approximately 0.02 acres of this basin which will be subsequently
impacted by the Apex Peakway_
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Page 5 of 10
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
No waters of the US will be impacted by the project The isolated wetland impact is unavoidable
and does not require written verification due to the size of the impact The Thales Academy
sewer must be connected to the Town of Apex system The recently permitted Villages of Apex
(Trackside North) sewer system is the closest sewer system to the proposed project that would
allow gravity flow. The sewer will run down the proposed driveway and along the Apex
Peakway alignment, therefore avoiding any additional impacts The only impact site ispartially
within the Peakway alignment where buffer impacts will occur anyway. Additional impact along
a small portion of Zone 1 and Zone 2 buffer of an intermittent stream (not jurisdictional under
the Clean Water Act) are required to tie into the Trackside North system This impact is
unavoidable as the line is at the minimum sewer grade and moving it further out of the buffer
would add length and reduce the grade beyond acceptable limits Crossing at a perpendicular
angle would involve filling of a stream channel currently not impacted since the sewer will be
above the ground elevation. Running the line down Ambergate Station is not feasible due to the
depth of the line and several conflicts with the stormwater system and other utilities See the
attached cover letter and plan set for details.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on 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
Page 6 of 10
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://h-o.enr.state.nc.Lis/ncwetlands/ strmgide.htni1.
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.
No mitigation is required as there are no impacts to Waters of the US and the isolated
stormwater pond impact is under 0.1 acres.
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:/ih2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
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)
Page 7 of 10
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 Neuse )? 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.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 851 3 (2 for Catawba) 1,569
2 3,617 1.5 0
Total 4,468 1,569
' 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.
As discussed with Lia Myott on June 31, 2008, mitigation is only required for the non-
perpendicular impacts in Zone 1 of the buffer. This 523 square foot impact will be mitigated
provided through the NCEEP. An acceptance letter is attached The Zone 1 buffer is
currently an open field with the exception of a small area of trees We respectfully request
consideration that the temporary impacts would not significantly change the land use of Zone
1 as it is primarily an open field, and therefore mitigation should not be required The Neuse
Rules do not specify the difference between permanent and temporary impacts in Zone 1 for
non-perpendicular crossings. We request consideration that the temporary Zone 1 impacts
could be classified as a temporary road impacting less than 2,500 square feet (523 sq ft) and
that it could be considered exempt if the area is replanted and stabilized If required
mitigation will be provided through the EEP or the area will be replanted as a condition of
the permit. The sewer line itself and the permanent maintenance corridor is located outside
Zone 1 and therefore does not require mitigation
Page 8 of 10
XI. Stormwater (required by DWQ)
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.
The Thales Academy site includes 3.5 acres of impervious surfaces which is 19.9% of the 17.6
acre parcel. This impervious area incorporates 2200 linear feet of two-lane roadway and on-
street parking constructed to serve both the proposed school and a proposed park adjacent to the
school. Of the 3.5 impervious acres associated with the school and roadway, 2 2.3-acres will drain
to a stormwater wetland already approved under delegated stormwater authority, by the Town of
Apex. This BMP will discharge fully treated stormwater into an existing ditch that runs parallel
to the railroad on the eastern side of the property. No riparian buffers are present on the site and
the discharge enters an existing ditch and therefore diffuse flow is not required at this outfall
The existing ditch is piped under the railroad and eventually runs into a buffered stream
identified (and verified) on the Trackside South site in 2007 Some of the remaining, drainage
associated with the proposed roadway is connected with drainage from the Apex Peakway and
will be treated by a wet detention pond The remaining portion is discharged to the existing
upland drainage ditch that runs parallel to the entrance road along the rail corridor.
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.
Sewage disposal will be via the outfall described above and into the Town of Apex Water
Reclamation Facility. Capacity for this site has been reserved by the Town within its existing
discharge limits.
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
1)tttl_ h'o..cnr. tatr_tic.us, rrc%_ctLinds. If no, please provide a short narrative description:
The proposed outfall serves the school and the proposed Town park No other unoccupied areas
can be served by this relatively short sewer line Therefore no development potential is
associated with this vroiect.
Page 9 of 10
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).
The Town would appreciate an expedited review of this project if at all possible The Thales
Academy is scheduled to open this Fall and the sewer outfall connection is required for
occupancy of the school building.
Page 10 of 10
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
ATTACHMENT 2
Figures
AT X ?l
i T I Figure 1: Vicinity Map
s Thales Academy Outfall
4000 'f 0 4000 Feet Apex, NC
8208 Brian Court ; Garner, NC 27529
0: 919-606-1065, F: 919-341-4474
Leg -d ,.., �..
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Impact Area I s
a T7it` ti .
Thales Proposed Apex
AcademyI' Peakway Alignment
ir
ult
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r" F Town ♦« t" > .
44
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Villages of Apex'
Trackside South
ea,
�j • �T �. E ,i ' rL t y't
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Figure 1: Site Overview
Villages of Apex/Thales Academy
�'•/ M• Apex, NC a:
829 a Court' Gamer, NC 27529
7
O: 91919 961065 F: 919-341-4474

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ATTACHMENT 3
Site Photographs
Thales Academy Outfall PCN
Site Photographs
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21
Photo 2: Stormwater basin (isolated wetland). Picture from Wilbur Smith Associates
Page 1

Photo 1: Looking upstream along non-jurisdictional portion of channel. Buffer impact is to the right in
mostly cleared area just visible.
ATTACHMENT 4
Regulatory Correspondence
F1(
stem
i'll" t
PROGRAM
July 17, 2008
Robert Luddy/Mark Gramling
Thales Academy
4641 Paragon Park Road
Raleigh, NC 27616
Project: Thales Academy Outfall
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Neuse 03020201 0 0 0 0 0 0 525 0
Credits Neuse 03020201 0 0 0 0 0 0 1,575 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willia . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Phil May, agent
File
RPiStDY ... F ... Pro& ", ow Stag REM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net
Expiration of Acceptance: January 17, 2009
t?r ??

ith i',t.otut<, t%pav ment qt is ronw:ru met tv..ttural Rc?ckif es
Septernber 7, `O1) +
;Apex First Dcvchipincttl, ITC
?lam: Mr Mark (iramiing
P.0. Box 1 197
;ypex, , C 2 i;10-
Subjrct Property: I rackside I,% Illages of apex)
.. : cn ls' S..IIw.. !"hrc, [art
D\NQ PrPh 07-1481
%Ake ('cxlnty
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (1SA NCAC 2B
.0233)-FXPRFSS REVIEW PROGRAM
On September t), 20071, at the request of Mr, Phil May of Carolina Ecosystems, an tin-site determination m. as
conducted to rev iew tvco stream features located on the subject property for ,applicability to the Neuse Butter
Rules ( I ?,A NCAC 213 02;3), I'he features arc labeled as ",A" and "l3" on the anached map, initialed by Lia
ti4yutt on Septemher 7, I he D vision of Water Quality (()',W) has determined that the f6lkming
a Feature "A - is subject to the _1'euse Buffer Rule at ,he flat; iaheled -A I _' I -III: t'tfAmc is an intcrmincnt
,treant at that location.
• Feature' 13 " is subject to the iVetive Buffer Rule from the property houndare at I fume[ Street Io tile l1ag
labeled •'131" tdetermined to he in isolated intermincnt steam) 1•he t'caturc hccomcs an intermittent
,treatn ,rain at the flag, (aheled "t33
?dditio^ lilll%, durin1-1 the 'Ile c tsit an sMatcd ccetland line Bold verified by La %1?<rtt it the locatl,n o Cie ,lid
pond heel that is depk1cd as the ne;t?henuno;t tIEtnd t>n the pntpt nm in the 'k,ike (_'cruntti Soil tiunes.
i his 00-,i1c determination shall expire live (5) years t`min the dale ol'Ihis fetter. l.andowncre ter ifleeted parties
-.h,tt dkiliae a doernimatltm made by the I )W(1 that a,urt`tcc cater exists and that it is >uhiect to the hutler tile
tufts rttuc,t a drtemlinalion bs !hc I)ircctorr A rcclue?t ti;r a ICICrmi,imion h\ the l)ir:cto r *hall he tct'errcd It) the
Director m coming : o Csnd, Kmo?y, 1)%ko n)t ther,ip,itt 1 pre,. Resicty Pct-mittint* l_`nit. 2321 Crabtree llkd..
Ralrit?h, NC . 604-2'-,OO. Yol, nnt,t :tct cc ithm hO days ol• thy: date that , ou rot-eive this ictter :Applic.urts are
hcrrhv ntntl`cd that the oU day %Ialillo nv :rppcal time flocs not %tal until ;tic iticcled party (including domv,trcam
:nJ tdjuccut latnctctcti)trrst is n,;tilicd _>'this dcci,i.,n I*h1, •trtc•rn,inatinn i, final a?):i hlndW1,. unlc„ =,tt :I-k Gtr a
rwari1,, cyithin 60 dav,.
I t,-ner turfy ,tddre„r, the applicabilite to the hurter rules ut the ,trcam natures tied ,3bvc e stud , nes not
Ap ro) c any ucticit} c+ithin :Ile bu. fcrs or address tratures that ,cc:c :wt oh,.er4ed dtn in, the ,rte i,,ii. Nor title;
tLss letter approve an acli%ity %ithin %Vatcr,, of the. t.nitcd States .)r 'Nate" ut'the Male. If.\on have 'w\
loc,tion5 please ;:,intact 1.;:f AI?olt ai 9;9713901.
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r I _. `rn? C; ih• '•_I.,. ni,?.r .: l.r -i ?F.i ,rr - ,. __,. ., ,.. :?r.:; I`.q?<r
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,Attachments: '.MRCS Soil Surtivy Ntgyp, IISGS Top« (?ua<I Flap
cc: D W'() Raletyh Regional Office
I- iIc Copy
Central Filcs
Flail May, Caro irna Fcosystems, Inc., 8208 Brian Court, Garner, SIC ?; 29
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USGS Map
irac:kside/Villages of Apex
Wake County NC
'' * s 4r ?' , .,: tin •. cd, Gamer, NC
?, Y a l ti ,r < +" ?1 ?6 1915-06-1066: F: 91!t341,4414
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TracksideNllages of Apex
Wake County NC
■ ' 8LG8 FJ,wi CcWA, Cxuntr NC 21529
SCe�@. _ 0(JQ Q 919606.1065: F 919.341-4/74

'tt ttrl t L.1 I p [,.. r.nr
b Niam eI zo Jr. Senctory
?1 f !1 Furth t..irzAna Department of E niron "ent nn N* ir?l F esrw°cs
' Alan VU. Klimek, P.E. D;rector
1 7
Colleen H. Sui ins, C?puty ?trec{er
t ]ivi- irzl of W iter 11-11ity
Mr. Dan Pabst
LM M A ,ociates, Tric.
.10' (jot)awn Street, Suite 101
Raleigh, NC 2"607
M19arch 14, 20N05
NBRRO Oa-064
County: Wake
BASIN:
Neuse River r Tar-Pamlico
W1.1. NCAC 2B .11233) f t5A NCAC 2B .02S9)
C'u,nplairit Nt)1 Btljferl)c•trrrtt,natie„1 X
lnctdcnt \n al Call-
1, j 1, ct Aanu. fr'ackside North Property
t_autiuml.)u'Lctiuat5: SOuth Of I_? S, i liy;hle:n 0-1, find het%s,- n the ( '.SX wai DX S tads ,,id rit_lit-of.wa%,to norilicrn
alxa 1',1?uke t '+sa!,1':)
511111c":[ ?tYitiltla: I i .ti SO ' ?' 1 aRlri t t C "
Date of Determination: 3111 i0s
t nature St:ut F3uffrr V.-nd liut(er itre.un Aplscal Located F.,)c atcd :n,
<;PSPnints(it'hrov;(tcd) dorm I Call imSoil 1's(IS
;tatty 1 Fop rapha_'

1
Subject at "Start A" hlah
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alt)
(hie cars-life de terminratiean shut! e spire f i, e j 5) i e ors from the dute eaj this fetter. hurrrtn,awrr., tar ajfe+ fed pcrrtic.c
that di.spirte it determination made by the 01#Q or Velet;ated local authority that it surf tee water ,Aictc and that
if is ?trh%cc f ra the buffer rule may request a determination hY the Director. . I request for it delerminution b-v the
Director shall he rclf rre+l to they Piret for in ,rrilin,g c-'o ('radi Karuly . IM Q Werlands, 401 l idt, 2321 Crabtree
itll d., Ratlei:;h, AC _2-004-'.fill. lardiridu af% that dispute a determination h)• the 911 Q or Drle Vaterd Loral
authority that "csrnapt.s" +t +rn face icaater Jruirr the buffer rule may ask fiar tat ad judicatory he arinti. } ate mast
act ecdthin 60 days of the date that 1 ou ret eive this letter. . lpplicants are hereby notified that ahe 00-dqy sfatlahary
appeal tune does not start unril the =iffiTted parrs eiarelauling dun.11stream ,aril:td}ucrnf hindowrersi is mprified of
!his deciciou. D,VO reeonitareirdc that ncc applkruit conduct rhi.s nolification in order to be r errain that third
R. i i?;tt h'e;iiurtal [?tfir;a. _,i !.-.ail Sr.r., ,e "titer et '1L'``ti. ,:?h;re t ±ta) 571 4?OD t:nstamer :?er:re
cr _'.i?iit ,>E C5cn ?tc7h, r,C ?r ;99 - 78 uSirTrle j91'1y ??71-di1H ii ?;'3 i;' (?
311412005
Pogo 2 of 2
party appeals are made in a timelr manner. To ask jor a hearing, send a written petition, which conjortns to
Chapter 1508 of the worth Carolina General Statutes to the Office t;. ldministrative Hearings, 6 "14 ,11aii
Service Center, Raleigh, .Y. C: 2 '699-6714. 17h is determination is final and binding unless you ask for a hearing
within 60 days.
The (owner funtre owners) should notify the Division ref N•ater Quality (including any other Local, State, and
Federal Agencies) of this decision concerning anyfuture correspondences regarding the subject property (crated
above). This project mere require a Section 4114:401 Permit,for the proposed activity. Any inquiries should be
directed to the Division of i;'ater Quality (Central Office) at (919)-133-1786, and the US Arnty Corp of'ingineers
(Raleigh Regularory Field Ojfice) at (919)-876-X441.
2 C SPi: C i1l.t 1l\';
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File Copy
Central Files
DWQ 401; ,VMmitis C)I'fzcc
wx,n of Apex
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t, v
Alan W wavrek- P E C,rerlw
r C-ktetan Hi DtNri,ty Doei.trrr
Division of'4Vater Quality
March 14, 2005
\1r. L)an Pabst
13 BM A sk?ciatei, Inc.
tU7 Gorman Street. Suite 11) 1
KalolO, NC _'1607
IPRRO 05-003
Count: Wake
lie" rF.RMITTENTuPERENNIAL (I,P) S rREAN1 DE ITRM1N_k I ION
Pr eijert N.atne: Trackside North Property
Lcication:Directions: South of t'.S- flighssav 64. C5X and D&S railroad rwht-of-tsavs in northern Apex j'%Vake
Cc)unty)
Subject Strcarnm: t!Ts to Williams Creek
Date of UP Determination(s): 3/11,05
Feature LT ('all ? Location of UP Point Nutes.Flasis for Call (Stream Form Rating, Mol. Indicators,
(GPS Points and/or etc.).
I Flag)
A P "Stem -t, Perennial" 29 on form upstream: impro%ed sinuosity. bcd and bank,
_hiulugs 011. ulg iiri scgplkN ton. cranetlY larsa).
(.' P Perennial Strung geomorphology and hydrology. Water yu.ili(%
_ rhroughout ...... degraded due to upstream uses; no bl v_
D P "Start t) Perennial" 39 out form below rand, bivalves (fingernail clams
rla
,_.- numerous. Start Perennial abase )rend fish Prescnt
This (pit -site deier?nination shall expire five (5) yeah from the date of this letter. Landowners or alfrcted parties
that dispute it determination made by the D)i"Q or Delegated Locitl Authorift- that it surface water e.xk%ts and that
it is subject to the buffer rule ina'r request a determination by the Director. .1 request for a determination by the
Director shall be referred to the Director in writing iy'O C_rudi Karoly, Off Q tl 'e tfandv401 I nit, 2321 Crabtree
Rlhvl., Rrtl,,ihh, .t'(' 27604-2260. Individuals that dispute a determination h V the DtiQ or Delegated Local
t uthority that "exempts " it surface waterfront the buffer rule nuty ask for an ad judicatorr hearing. ),)u must
act within 60 days of the date that./ ou receive this letter. t pplicunts are hereby notified that the 60-daY statutorr
appeal time does not start until the affected part)' linchuding downstream and adjacent landowners) is notified of
this decision. Dly'Q recommends that the applicant conduct this notification in order to be terrain that third
partl• appeals are made in a tinhelr moaner. To asb fetr a /rearing, send it written petition, which confihrnt.s to
Chapter 1308 uftheNorth Carolina General Statutes to the Office of. ldmini.strative hearings, 6?14 Mail
.Service Center, Raft -i h, .1'.(: 2'699-6 714. Tit is ile tcrntinafiort is final and himling unless sou ,usrt for it he arrng
within 6(/ days.
tJ V
7{OW. iqt d. a,bri3i 'c'? 6?8 M.1 12:'.1,:Ce JI e CY gne '4 i - ? 4T:'„
:i3tor O-IjI ty scc!Cn Raleigh NC 2' 149 1 -28 '.9iPtmle ,G+1 r15r!
3114;2005
Page 2 of 2
The (owner future owners) should notify the Mvicion of Water Quality (including any other Local, State, and
Federal .-agencies) of this decision concerning arty, future correspondences regarding the subject/ properry (.stated
above). phis project rnty require a Section 4(14,401 Permit for the proposed activity. Anly inquiries should be
directed to the Division of /Water Quallq. (Central Office) at (919)-733-1786, and the US. trn,y Corp of Engineers
(Raleigh Regulatory Field Qfft-ce) at (919)-8776-8441.
Resp t uII
' Eric W Kulz
Fnvironwental Spec_ Fl
C: File Copy
Central Files
1) WQ 401 Nk'ctlands O ice
Town of Apex
F?.?,E!,h Reg;?;ra1 vYice 1529 %IaJ I?efvtce Center
:'d?1er fatality H,9!eign. ^i( ?6yy-1r;?$
W?t 1+
prtore ,9191 47, 47GO ;; 'lNf `_cl-,!-e
`arsrite .1 9i^71 17'8 877 ?23r748