20010357 Ver 1_401 Application_20020320

Environmental

Consultants, PA
'hone: (9S-946-5900 Fax: (91 ) 846-9467
WE,1 , is t !vhf p
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Amanda Jones
2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 12, 39, 43 and 401 Water Quality Certification Compliance
Request
Upchurch Farms Subdivision
Cary, Wake County, North Carolina
S&EC Project #: 98-3724
Dear Mr. Dorney and Ms. Jones:
On behalf of Upchurch Farms, LLC (property owner), we hereby request authorization
from the US Army Corps of Engineers to use Nationwide Permits 12, 39 and 43 to cover
impacts to three stream channels and three wetland areas. We also request written
concurrence from the NC Division of Water Quality (NC-DWQ) that the project
complies with the 401 Water Quality Certification associated with Nationwide Permits 39
and 43. A Pre-construction Notification Application (PCN) is attached, as well as an
agent authorization form.
The proposed project, which consists of a residential subdivision, is located to the north
and south of the intersection of Jenks Carpenter Road (SR 3011) and Collins Road (SR
1618), in Cary, North Carolina. Please refer to the USGS topographic map attached for
the location of the project. S&EC conducted a detailed wetland delineation on the
property in 1998. Amanda Jones of the USACE issued a jurisdictional determination for
the site on 4/30/01. Since this determination was issued, S&EC re-delineated the
wetlands located in the drained pond, which have decreased in size since the original
survey. Our flags were subsequently surveyed by S.D. Puckett and Associates, and data
forms for our re-delineation of the pond bottom are enclosed.
It is important to note that the project site straddles the divide between the Cape Fear and
Neuse River basins. Impacts are only proposed on the portion of the site south of the
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
0 2 0 4 2 1 March 20, 2002
March 20, 2002
S&EC Project #: 98-3724
Page 2 of 3
intersection of Jenks Carpenter and Collins road, which is in the Cape Fear Basin and
contains unnamed tributaries to White Oak Creek. On 1/29/02, Mr. Dave Penrose of the
NC-DWQ conducted a site visit and determined that the channel at impact R1 (feature B,
see sheet 7/8) is perennial and significant. Ms. Amanda Jones of the USACE conducted
a site visit on 10/9/01 and determined that stream feature C, to be impacted by the
proposed wet pond (see sheet 3/8), is intermittent and unimportant. A pond and a stream
feature are shown on USGS and Wake County Soil Survey on the northeastern corner of
the site, within the Neuse Basin. On 3/21/01, Mr. Matt Flynn of the NC-DWQ
determined that the pond was not subject to the buffers, but that the stream channel that
begins below the pond is subject. On a 4/30/01 site visit, Ms. Amanda Jones determined
that this pond was "exempt" and therefore not jurisdictional because it is constructed in
high ground.
On 4/25/01 and 6/12/01, respectively, the USACE and NC-DWQ authorized permanent
impacts to 0.106 acre of wetland, which included 363 linear feet of channel, as well as
temporary impacts to 0.03 acre of wetland, which included 45 linear feet of channel, for
the development of the Upchurch Farms Subdivision. However, since these impacts were
authorized, the applicant has retained Rice & Associates to handle design of the project.
Rice and Associates has determined that the amount of impact requested by the previous
project engineer will not be adequate to construct road crossings at impact locations R1
and R4. Therefore, the applicant is requesting additional impacts at these locations. The
applicant plans to perform the other impacts on-site authorized by the previous permits,
and these impacts are noted as "previously permitted" on the attached over-all impact
map (see sheet 1/8). An additional submittal is also required to request a permit for the
installation of a stormwater detention pond to treat stormwater run-off from the high-
density multifamily units on-site (see impact area #1, sheet 3/8). NC-DWQ is requiring
stormwater treatment of this portion of the project as an additional condition of the 401
Certification issued for the project on 6/12/01. Stormwater treatment is also required for
the multifamily units because the project is within the Jordan Lake Watershed and
impervious coverage exceeds 24%. Rice & Associates designed the forebay and wet
pond in-line with a channel determined to be "intermittent/unimportant" by Amanda
Jones of the USACE on a 10/9/01 site visit. No wetlands or perennial/important channel
will be impacted by the proposed wet pond.
The applicant requests authorization for permanent impacts to 252 linear feet of
"intermittent/unimportant" channel for the construction of a wet pond (see impact area
#1, sheet 3/8), 0.194 acre of wetland for lot fill (see impact area #2, sheet 5/8 and 6/8),
140 linear feet of a "perennial/significant" channel for a road crossing (see revised impact
R1, sheet 7/8), 149 linear feet "perennial/significant" channel for a road crossing (see
revised impact R4, sheet 8/8), and temporary impacts to 20 linear feet of a
"perennial/significant" channel for a sewer line crossing. Taking into account the
impacts previously authorized by the USACE and NC-DWQ, the total proposed
cumulative permanent impacts for this project will consist of 0.320 acre of wetlands,
March 20, 2002
S&EC Project #: 98-3724
Page 3 of 3
which includes 289 linear feet of perennial/significant channel and 396 linear feet of
intermittent/unimportant channel.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre) or if a discharge to a special aquatic
site such as wetlands is proposed. As described above, the current project engineer has
determined that the amount of impact authorized by the Nationwide 39 issued on 4/25/01
will not be adequate to construct road crossings at impact locations R1 and R4. The
applicant is requesting authorization to impact 140 LF of channel for a road crossing at
impact RI (see sheet 7/8). The applicant initially requested 123.3 LF of impact at this
location. According to Mr. Adam Hughes of Rice & Associates, the additional impact is
required because the existing townhomes, which were designed by the previous engineer,
are 15' higher in elevation than the proposed townhome units. The proposed townhomes
must be raised to the elevation of the existing townhomes in order to prevent excessive
stormwater runoff onto the proposed townhomes from the existing townhomes. Raising
this area (and thus the road) to the new elevation was not accounted for by the previous
engineer and will require more fill, hence the additional impact. In order to minimize the
additional impacts required by the revised crossing, the applicant has installed 65 feet of
an approximately 10-foot-high retaining wall, at an approximate cost of $12,000. The
crossing will be perpendicular to the channel, and Rice and Associates have also
proposed 2:1 fill slopes for the area in an effort to minimize the footprint of the fill.
The applicant is also requesting authorization to impact 149 LF of channel and 770ft2 of
wetland at impact R4 (see sheet 8/8). The applicant initially requested authorization for
97.5 linear feet of channel and 893W of wetland at this location based on information
provided by the previous project engineer. According to Mr. Hughes, additional impacts
not anticipated by the previous engineer will be required to allow the road surface to be
2' above the 100 year flood elevation and to allow the road crossing to be high enough
allow the placement of both the proposed utility line and the double culverts beneath it.
The sewer line will service the southeastern portion of the site, and crossing within the
proposed road will provide sewer service to this portion of the site without necessitating
additional stream impacts in this vicinity. The proposed road will cross the stream and
wetland areas at an approximately perpendicular angle.
As described above, the applicant proposes to fill 0.194 acre of emergent wetland located
in the bottom of a drained pond in the central portion of the site (see impact area #2, sheet
5/8 and 6/8). In lots 78 - 81, the applicant plans to fill and grade wetlands to allow for
the development of residential lots as described on the attached plan. In an effort to
minimize impact, the applicant plans to install a retaining wall around the eastern side of
this wetland area and leave 5,889ft2 (0.135 acre) undisturbed. The applicant also
proposes one additional sewer crossing for the site (see impact S4, sheet 7/8). This line
will service townhomes 89-91 and will cross the channel at an approximately
March 20, 2002
S&EC Project #: 98-3724
Page 4 of 4
perpendicular angle. Because proposed road crossings RI and R4 will cross streams at
an approximately perpendicular angle, because a retaining wall will used to minimize
impacts at crossing Rl, and because the applicant plans to install a retaining wall and
leave remaining wetlands undisturbed at impact area #2, S&EC believes further
compensatory mitigation should not be required for these impacts. However, if
mitigation is required by the USACE, the applicant proposes payment into the NC
Wetlands Restoration Program.
NC-DWQ's current policy does not require wetland mitigation for impacts below 1 acre
or stream channel mitigation for impacts less than or equal to 150 linear feet per tributary
of perennial/significant channel. determined to be perennial/significant on-site -Streama include features A see sheet 1/8). The total cum tive proposed impacts for?features A and B e 149 linear feet and 140 linear feet spectively, and the proposed --?
total cumulative wet impact on-site is 0. Because the total cumulative
permanent impacts for the site are belo the aforementioned thresholds, S&EC believes
that neither wetland nor stream mitigatio should be required by NC-DWQ.
Sincerely,
Brad S her
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization
Site Location Map (Figure 1)
Soil Survey Map
Over-all Impact Map
Impact Map Blow-Ups (7 sheets)
Detention Pond Calculations (DWQ copy only)
Data Forms
w?N
oil
? v
Kevin C. Martin
President

fl
OF W A ??
Pre-Construction Notification (PCN) Application Form
QG
E
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.armv.milhvetlands/Perm app.
htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.miUwetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 14
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 14
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 12, 39, 43
3. If this notification is solely a courtesy copy because written approval iar the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Upchurch Farms, LLC
Mailing Address: 5660 Six Forks Road
Ste 202
Raleigh, NC 27609
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent 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: Brad Suther / Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleip,h, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 3 of 14
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Upchurch Farms
2. T.I.P. Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): 0743297440
4. Location
County: Wake Nearest Town: Cga
Subdivision name (include phase/lot number): Upchurch Farms
Directions to site (include road numbers, landmarks, etc.): The site is located to the north
and south of the intersection of Jenks Carpenter Road (SR 3011) and Collins Road (SR 1618)
in Cary, NC. Please see the attached vicinity map (Fig. 1) for the location of the site.
5. Site coordinates, if available (UTM or Lat/Long): 35°47'00" N 78051'10"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. Describe the existing land use or condition of the site at the time of this application:
The site project site has been developed immediately south of Jenks Carpenter Road and
contains single family lots and townhomes (see "existing development" on sheet 1/8,
attached). The southern half of the site is undeveloped and contains both fields and forested
7. Property size (acres): 96.3 acres
8. Nearest body of water (stream/river/sound/ocean/lake): UT of White Oak Creek
Page 4 of 14
9. River Basin: Cape Fear (It is important to note that Jenks Carpenter Road straddles the
divide between the Neuse and Cape Fear River Basins in the vicinity of the site. The project
is within the Neuse Basin to the north of the intersection of Jenks Carpenter Road and Collins
Road and is within the Cape Fear Basin to the south of the intersection. Im acp is to
jurisdictional wetlands and waters of the U.S. are only proposed south of the intersection
within the Cape Fear Basin.
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hqp://h2o.enr.state.ne.us/admin/mgs/.)
10. Describe the purpose of the proposed work: The purpose of the proposed project is to
provide road access, sewer service, lot fill, and stormwater treatment for a residential
subdivision.
11. List the type of equipment to be used to construct the project:
This project will entail the use of conventional heavy equipment typically used in the
construction of a residential development.
12. Describe the land use in the vicinity of this project: Agricultural, residential, and
undeveloped.
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.
A jurisdictional determination was issued for this site on April 30, 2001 (Action ID
200120605/606). Nationwide Permits 12 and 39 were issued for this project on April 25, 2001.
Nationwide Permit 12 (200120605) authorized temporary impacts to 0.03 acre, which included
45 linear feet of stream channel. Nationwide Permit 39 authorized impacts to 0.106 acre, which
included 363 linear feet of stream channel (97.5 linear feet of which was considered important).
A 401 Water Quality Certification was issued for this site on June 12, 2001. The 401
Certification authorized permanent impacts to 0.106 acre of wetland and 363 linear feet of
stream channel with the condition that a final, written stormwater management plan for the
multi-family portions of the subdivision be provided to NC-DWQ.
Page 5 of 14
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None known at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
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. Wetland Impacts
Wetland Impact
Area of Located within Distance to
Site Number Permit Type of 100-year Nearest ***
Type of Wetland
(indicate on Type Impact* acres)
(acres) Floodplain** Stream (linear
ma) (ye o) feet)
0
194 Emergent wetland
Impact Area #2 NWP 39 Lot Fill . No O LF located in bottom of
acre drained pond
Impact Area #3,
NWP 39 Fill 0.0002
Headwater Forest
Revised Impact (Road acre No 0 LF Wetland
R1 crossing) (7.01 SF)
Impact Area #4,
NWP 39 Fill
(Road
0.018
Headwater Forest
Revised Impact crossing) acre Yes O LF Wetland
R4

* List each impact separately and identify temporary impacts. lmpactsinclude, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:.//www.fema.gov
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: +/- 4 acres
Page 6 of 14
Total area of wetland impact proposed: 0.2122 ac. (currently proposed permanent impacts)
0.0763 ac. (Permanent impacts authorized b?
USACE on 4/25/01 and D)YQ on 6/12/01. Excludes impacts for R1 and R4, which were revised and are
included in the current propose impact total above.)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact

Permit Length of
Average
Width of

Perennial or
Site Number Type Type *
f Impact Stream Name** Stream Intermittent?
(indicate on Impact * Before (please specify)
map) feet) Impact
Detention
Pond UT of White Oak
Impact Area #1 NWP 43 construction 252 LF Creek 3' Intermittent
(grading &
filling)
i ?3 WY,
Impact Area #3 - Fill
UT of White Oak
Revised Impact NWP 39 (Road 140 LF
Creek 2' Perennial
R1 t crossing)
Impact Area #3 - NWP 12 Excavation 20 LF UT of White Oak 2' Perennial
S4 (temp.) Creek
c,-7
L?
Impact Area #4 - NWP 19 Fill
UT of White Oak
Revised Impact (Road 149 LF
Creek 2' Perennial
R4 crossing)

* List each impact separately and identify temporary
dams (separately list impacts due to both structure
stabilization activities (cement wall, rip-rap, crib
proposed, plans and profiles showing the linear f t
** Stream names can be found on USGS topograp
downstream named stream into which it flows
www.usgs.gov. Several intemet sites also 0
www.mgpquest.com, etc.).
Cumulative
pacts. Impacts include, but are not limited to: cull(
d flooding), relocation (include linear feet before ad
gabions, etc.), excavation, ditching/straightening, e
nt for both the original and relocated streams must be
maps. If a stream has no name, list as UT (unname
SGS maps are available through the USGS at 1-8o
r direct download and printing of USGS maps (
distance in feet) to all streams on
77.
s and associated rip mp,
after, and net loss/gain),
. If stream relocation is
tributary) to the nearest
358-9616, or online at
?., www.topozonc.com,
Permanent impacts previously authorized by USACE and DWO (excluding revised
impacts R1 & R4): 42 LF channel (R3),79 LF (R6),23 LF R5). Total Cumulative stream
impacts: 289 LF "perennial channel"; 396 LF "intermittent/unimportant" channel.

Page 7 of 14
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma) (acres) bay, ocean, etc.
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): Installation of draw-down valve
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Jordan Lake Watershed and NC-DWQ stormwater
requirements.
Size of watershed draining to pond: 31.83 acres Expected pond surface area:20,669.58ft2
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.
The applicant requested a detailed delineation prior to developing a site plan in order to
minimize impacts to jurisdictional wetlands and waters of the U.S. to the maximum extent
practical. As described in Section IV of this form, the USACE and NC-DWQ have authorized
permanent impacts to 0.106 acre of wetland, which includes 363 linear feet of channel, as well as
temporary impacts to 0.03 acre of wetland, which includes 45 linear feet of channel for the
development of the Upchurch Farms Subdivision. However, since these impacts were
authorized, the applicant has retained Rice & Associates to handle engineering for the project.
Rice and Associates have determined that the amount of impact requested bathe previous project
engineer will not be adequate to construct road crossings at impact locations RI and R4. An
additional submittal is also required to request a permit for the installation of a stormwater
detention pond to treat stormwater run-off from the high-density multifamily units on-site (see
impact area #1, sheet 3/8). NC-DWQ is requiring stormwater treatment of this portion of the
project as an additional condition of the 401 Certification issued for the project on 6/12/01.
Stormwater treatment is also required for the multifamily units because the project is within the
Page 8 of 14
According to Mr. Adam Hughes of Rice & Associates, the additional impact is required because
the existing townhomes on-site are 15' higher in elevation than the proposed townhome units.
The proposed townhomes must be raised to the elevation of the existing townhomes in order to
prevent excessive stormwater runoff onto the proposed townhomes from the existing
townhomes. Raising this area (and thus the road) to the new elevation was not accounted for b
the previous engineer and will require more fill, hence the additional impact. In order to
minimize the additional impacts required by the revised crossing, the applicant has installed 65
feet of an approximately 10-foot-high retaining wall, at an approximate cost of $12,000. The
crossing will be perpendicular to the channel, and Rice and Associates have also proposed 2:1
fill slopes for the area in an effort to minimize the footprint of the fill. The applicant is also
plans to temporarily impact this stream channel with a utility line crossing not proposed in the
previous submittal (see impact S4, sheet 7/8). This line will service townhomes 89-91 and will
The applicant also proposes to fill 0.194 acre of emergent wetland located in the bottom of a
drained pond in the central portion of the site (see impact area #2, sheet 5/8 and 6/8). In lots 78 -
81, the ap hp 'cant plans to fill and grade wetlands to allow for the development of residential lots
as described on the attached elan. In an effort to minimize impact_ the annlicant nlans to install a
ining wall around the eastern side of this wetland area and
undisturbed. Because the applicant plans to install a retaining wall and leave remaining wetlands
undisturbed, S&EC believes mitigation should not be required for these impacts. However, if
mitigation is required by the USACE, the ap lip cant proposes payment into the NC Wetlands
Restoration Program.
Page 9 of 14
Jordan Lake Watershed and impervious coverage exceeds 24%. Rice & Associates designed the
forebay and wet pond in-line with a channel determined to be "intermittent/unimportant" by
the previous project engineer. According to Mr. Hughes, additional impacts not anticipated by
the previous engineer will be required to allow the road surface to be 2' above the 100 year flood
elevation and to allow the road crossing to be hi h enough to fit both the double culverts and the
proposed utility line that will run beneath it and service the southeastern corner of the site. The
proposed road will cross the stream and wetland areas at an approximately _perpendicular angle.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:/'h2o.enr.state.nc.us/wip/index.htm If
Page 10 of 14
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page I 1 of 14
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 NA 3 NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
NA
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
In order to comely with the additional condition of the 401 certification issued by DWO on
6/12/01, the applicant plans to construct a wet dentention pond to treat stormwater runoff
associated with the multi-family townhome portion of the project. According to Mr. Adam
Hughes of Rice & Associates, the impervious surface cover for this area is 40.9%. According to
Mr. Hughes, the impervious surface coverage for the single family lot portion of the
development is 10.99%.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer
XIII. Violations (DWQ Only)
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
Page 12 of 14
XIV. 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).
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 13 of 14
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
urine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 14 of 14
-r-Qb=1S-01 02:32P
P_02
Soil. & Environmental Consultants, Inc.
11010 Raven Ridgy Road Raleigh; 'Nortb CaMlina 27614 Phope; [phone] Pax: (919) 8469467
vVeb.lPaso: www.SuWiR.C.com
AGENT AUTHORIZATION FORM
s . All B arks To Be Filled In By The Curre t Landowner
C- 4,? .
r w?
L SiXor1( ?? 10? ?? 216
caress 56 t
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Phone, \
Project' Name/Description: _ Vl f1 C h U C (? F C1?C Yv?S
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box
Wilmington, NC 28402
Attn: M Oq d'1?S
Field Office: ?w ?? 16 tt
Re: W elands Related Consulting and Permitting
TO Whom It May Concern:
I, the current proRgbt owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The ?K- day of
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&RC staff. You should can S&EC
to.arrpge a site meeting prior to visiting the site.
%R t TDA/ (/PC Kv-CC LL-C
Frint.Property Owner's Name
cc. Mr. Joan Domey
NCD)EH do NR - DWQ Water Quality Planning
4401; Reedy Creek Road
Raleigh, NC 27607
e
Prope Owner's Signature
cc: Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
agenthm
Wetland pWineatiNeus Basin and Watershed Busoite ffer Evauations ?s Greuadwtatc Hydrollogy s F.i%d•EnviF? ngeted 5p ci s?S?aatta/A??+?
Chulcor Officc: [phone] • Hickory Office, (1129) 312.7902

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THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
FOR SALE BY U. S. GEOLOGICAL SURVEY
DENVER, COLORADO 80225 OR RESTON, VIRGINIA 22092
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
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Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Upchurch (S&EC iob # 98-3724) Date: 7/17/01
Applicant/Owner: Upchurch Farms. LLC County: Wake
Investigator: Jim Cooper State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Freshwater marsh (above
Is the site significantly disturbed (Atypical Situation)? -Yes X No previous pond water level)
Is the area a potential Problem Area? _Yes X No Transect ID: upland
If needed, explain on reverse. Plot ID: near flag JC-104
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Soecies Stratum Indicator
1. Eupatorium leptophyllum Herb FAC+ 9.
2. Cirsium spp. Herb FAC 10.
3. Rubus spp. Herb FACU 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAG : 66.66 %
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
Drainage Patterns in Wetlands
-
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) -Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: >16" (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: >16" (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
" 11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
Project/Site: Upchurch (S&EC iob # 98-3724) Plot ID: upland
SOILS
Map Unit Name Drainage Class: moderatey well drained
(Series and Phase): Creedmoor sandy loam Field Observations
Taxonomy (Subgroup): Aquic hapludults Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-16+ A Mixed: 10 YR 5/2 - - Sandy loam
10 YR 6/1
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _No Is this sampling point within a wetland?
Wetland Hydrology Present? -Yes X No _Yes X No
Hydric Soils Present? X Yes _No
Remarks:
Wetland Delineation Performed By:
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Soil & Environmental Consultants, Inc.
231 16th Avenue NE
Hickory, North Carolina 28601
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Upchurch (S&EC job # 98-3724) Date: 7/17/01
Applicant/Owner: Upchurch Farms. LLC County: Wake
Investigator: Jim Cooper State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Freshwater marsh
Is the site significantly disturbed (Atypical Situation)? -Yes X No Transect ID: wetland
Is the area a potential Problem Area? _Yes X No Plot ID: near flag JC-104
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effusus Herb FACW+ 9.
2. Carex spp. Herb FACW 10.
3. Polygonum spp. Herb FACW 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, o r FAC
(excluding FAC- : 100%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs Inundated
-Other X Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) _Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 6-12" (in.) X FAC-Neutral Test
-Other
(Explain in Remarks)
Depth to Saturated Soil: 6-12" (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
[phone] [phone]
Project/Site: Upchurch (S&EC iob # 98-3724) Plot ID: wetland
SOILS
Map Unit Name Drainage Class: moderatey well drained
(Series and Phase): Creedmoor sandy loam Field Observations
Taxonomy (Subgroup): Aquic hapludults Confirm Mapped Type? _ Yes - No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A 10 YR 4/2 - - Sandy clay loam
4-12+ C 10 YR 6/1 - - Loam sand
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
X Yes No
X Yes _No
X Yes _No
Is this sampling point within a wetland?
X Yes _No
11 Remarks: