20160951 Ver 2_401 Application_20170917

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Tasha Alexander
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
Updated September 22, 2017
S&EC Project # 7248.W8
N.C. Division of Water Resources
401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9`" Floor
512 North Salisbury Street,
Raleigh, NC 27604
Re: MCCULLER'S WALK SUBDIVISION - - Caddy Road Off-site Improvements
Garner, Wake County, NC
SAW -2015-01022
DWR # 16-0951
On behalf of the owner, Ten Ten WEH, LP, please find attached a complete application and supplemental information
requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water
Resources (DWR) that the activities proposed below may proceed under Nationwide Permits (NWPs) 29, and General
Water Quality Certification (GCs) 4092. Please contact me at [phone] if you have any questions or require
additional information.
PROJECT SUMMARY
Project Name
MCCULLER'S WALK SUBDIVISION
Off-site Caddy Road Improvements
Project Type
Residential Development
Owner / Applicant
Ten Ten WEH, LP
County
Wake
Nearest Town
Garner
Waterbody Name
UT to Swift Creek
Index Number
27-43-(1)
Class
WS -III; NSW
USGS Cataloging Unit
Neuse 03020201
IMPACT SUMMARY
Attachments: Complete PCN & Supplemental Information
DWR Permit Application Fee
Permitted Impacts
(SUBDIVISION)
New Requested Impacts
(CADDY ROAD)
Stream Impact (acres):
0.0393
0
Wetland Impact (acres):
0.068
0
Open Water Impact (acres):
0
0.042 Temporary
0.067 Permanent
Total Impact to Waters of the U.S. (acres)
0.1073 acres
0.109 acres
Total Stream Impact (linear feet):
151
0
Attachments: Complete PCN & Supplemental Information
DWR Permit Application Fee

wA rsRQ�
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
MCCULLER'S WALK SUBDIVISION - - Off-site Caddy Road Improvements
2b.
County:
Wake
2c.
Nearest municipality / town:
Garner
2d.
Subdivision name:
McCuller's Walk
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Ten Ten WEH, LP
3b.
Deed Book and Page No.
DB -016125 Pg -01027
3c.
Responsible Party (for LLC if
applicable):
Eric Rifkin
3d.
Street address:
2900 Linden Lane, Suite 300
3e.
City, state, zip:
Silver Spring, MD, 20910
3f.
Telephone no.:
919-387-1885
3g.
Fax no.:
919-387-1960
3h.
Email address:
erifkin(a-hallecompanies.com
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify: Owner-please send correspondence to Agent and
Applicant
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Bob Zarzecki
5b.
Business name
(if applicable):
Soil &Environmental Consultants, PA
5c.
Street address:
8412 Falls of Neuse Road, Ste. 104
5d.
City, state, zip:
Raleigh, NC 27615
5e.
Telephone no.:
919-846-5900
5f.
Fax no.:
919-846-9467
5g.
Email address:
bzarzecki(o)sandec.com
Page 2 of 14

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Parcel ID: 069906571
1 b. Site coordinates (in decimal degrees):
Latitude: 35.661902 Longitude: -078.707154
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
± 89.82
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Swift Creek 27-43-(1)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-111; NSW
2c. River basin:
Neuse River Basin; Hydrologic Unit Code 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: Caddy Road is an existing two lane road. The developer is being required to provide improvements to this
road in association with the adjacent McCuller's Walk Subdivision project. McCuller's Walk Subdivision, currently under
construction, is located to the west of Caddy Road. Lakeside Estates Subdivision (built in the 1980's) exists to the east of
Caddy Road. General land use in the remainder of the surrounding area includes rural residential, vacant wood land, and
commercial/retail developments.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.465 acres of wetlands and approximately 0.978 acres of open waters, w/n McCuller's Walk SID to
include the requested pond impacts requested for the Caddy Road improvements.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 4, 639.13 linear feet, w/n McCuller's Walk SID.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential development and construct the infrastructure necessary
to access the residential development. To incude these offsite road improvements.
3e. Describe the overall project in detail, including the type of equipment to be used:
In addition to the details described in the previous permit for the overall project, being McCuller's Walk Subdivision,
the new details associated with the Caddy Road Improvements include adding curb-n-gutter and a sidewalk along
the west side of Caddy Road. Equipment typically used for construction and earthwork such as backhoes,
bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
® Preliminary ❑ Final
Comments:
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Dave Shaeffer/David Gainey
USACE/S&EC Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
S&EC delineated the wetlands & streams. Dave Shaeffer (USA CE) field verified our delineation on May 14, 2015 (SAW-
2015-01022). The PJD request information has been provided to Tasha Alexander under separate cover.
DWR confirmed the Neuse Buffers, see attached NBRRO02-248 (non-expiring letter).
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
1. Impacts Summary
5b. If yes, explain in detail according to "help file" instructions.
SAW -2015-01022 (attached) verification dated 12/2/2016 was issued for the use of NWP29 to impact 151 If of unnamed
tributaries and 0.068 acres of wetlands for the construction of McCuller's Walk Subdivision.
DWR # 16-0951 (attached) approval dated 12/6/2017 was issued for the use of GC 3890 for the wetland/stream impacts
described above, along with impacts to the Neuse River riparian buffers.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
Per the project engineer, this project will be developed and constructed in phases (i.e. 10), however no new phases
beyond what is currently shown are anticipated.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries
® Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number – Permanent
Type of impact
Type of
Forested
(Corps - 404, 10
Area of impact
(P) or Temporary (T)
wetland
DWQ – non -404, other)
(acres)
if known
W1 ❑ P ❑ T
❑ Yes
❑ Corps
0
❑ No
❑ DWQ
2g. Total wetland impacts
0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary
impacts)
proposed on the site, then complete
this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -Permanent
(PER) or
(Corps - 404, 10
stream
length
(P) or Temporary (T)
intermittent
DWQ – non -404,
width
(linear
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
0
❑ INT
❑ DWQ
3h. Total stream and tributary impacts–F-0
3i. Comments:
Page 4 of 14

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual)y list all open water im acts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number - Permanent
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
P or Temporary T
01 ®P ❑ T
UT to Swift Creek
Fill - Road Improvements
pond
0.067 ac
01 ❑ P ®T
UT to Swift Creek
Construction Access
pond
0.042 ac
4f. Total open water impacts
0.109 ac
4g. Comments: The road improvements will cross over the existing dam. The existing pipe will be extended to the toe of the
new road fill area.
5. Pond or Lake Construction
If pond or lake construction proposed, then com tete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flo
ode
Filled
Excavated
Flooded
Filled
Excavated
Flooded
d
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact number
- Permanent (P) or
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Temporary (T)
Stream name
mitigation
(square feet)
(square feet)
required?
B1 (Sheet IP -1.1)
Fill - Road
UT to Swift
❑ Yes
2,368
1,461
® P [_1T
Improvements
Creek
® No
B1 (Sheet IP -1.1)
Construction Access
UT to Swift
ElYes
635
412
® P El
Creek
® No
6h. Total buffer impacts
3,003
1,873
6i. Comments:
Page 5 of 14

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1 a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify
natural resources so that impacts could be avoided & minimized to the maximum extent practicable. S&EC worked with
the project engineer to minimize impacts to the pond and buffers as much as possible. Grade slopes were kept the
maximum steepness possible without the need for a retaining wall. A retaining wall is not preferred given the pedestrian
sidewalk that would exist beside it.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
As per the project engineer, Standard Erosion Control measures will be incorporated such as silt fencing, inlet
protection of all upstream structures and appropriately sized sediment riser basins will be utilized during
construction.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type:
Quantity:
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
4e.
Riparian wetland mitigation requested:
4f.
Non -riparian wetland mitigation requested:
4g.
Coastal (tidal) wetland mitigation requested:
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: No buffer mitigation is anticipated as the proposed impacts fall under "allowable" (road crossing <150 If) or
possibly even "exempt' uses (<40 If road crossing).
Page 7 of 14

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ®No
Comments: See section 2d
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
37% (McCuller's Walk SID)
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Per the project engineer. `The site has slopes ranging from mild to moderate and in general
Easterly or Southeasterly
direction to an unnamed tributary of Swift Creek. The project is located in the Neuse
River Basin and subsequently in the
Lake Benson Watershed. The project conforms to the Swift Creek Land Management
Plan. The Swift Creek Land
Management plan limits this site to 6 units per acre. The proposed total number of units including single family and town
homes is under this maximum. While it is true that not all runoff can physically be captured, the site still meets and
exceeds nitrogen and pre -post runoff requirements. The project will meet Neuse River
Basin nitrogen and Town of Garner
peak flow attenuation requirements by utilizing 7 Stormwater BMP's. All flow will be diffused
prior to leaving the site and
entering a buffered feature." Stormwater from the new road section will be directed to the existing tormwater conveyance.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Garner
® Phase II
3b.
Which of the following locally -implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ® No
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 14

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The
McCuller's Walk project is a residential development. Additionally, the project is located within the town of Garner
jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations
to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations
require limited development within the riparian buffer area, in addition to "diffuse flow" requirements and could
require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES
Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer
Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the
DWR will advise us if any additional information is needed.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Public sanitary sewer mains will be installed throughout the development for wastewater and will be routed to local pump
stations.
Page 9 of 14

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
F-1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of
federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that
there are no elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project
boundaries. Please note the interim 4(d) rule identifies the Northern Long-eared Bat as a Threatened species within
Wake County and a triangle polygon on the southern side of the property resides in Wake County. The action area is
grown over pond dam with small trees (photo attached), not suitable for NLEB habitat. No blasting or percussive activities
will occur within the impact locations.
References: North Carolina Natural Heritage Program Data Explorer Search. Department of Environment and Natural
Resources, Office of Land and Water Stewardship, Raleigh, NC. http://Www.ncnho.org/
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website
was referenced. No Essential Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC
State Historic Preservation Office HPOWEB GIS Service interactive map; no historic listings or study list entries or
determined eligible listings were identified within the property boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements: Per the project engineer:
8c. What source(s) did you use to make the floodplain determination? Per project engineer & NC Floodplain Mapping
Program
Soil & Environmental Consultants, PA
Digitally signed by Bob Zarzecki
DN:cn=bob Zarzecki,o=5&EC, PA, —Wetlands Department,
BobZarzecki email=b¢arzecki@sandeccom �=t,5
Updated
Bob Zarzecki
Date: 2017.°9.22'5:59:°'-04'00'
September 22,
Applicant/Agent's Signature
2017
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Date
Page 10 of 14

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 *Pham V19J 846-5400 + Fax: 1919] 846.9467
s.mdec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: MCCULLER' S WALK SUBDIVISION S&EC Project #7248
Date: 2016
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Tasha Alexander Field Office: USACE Raleigh ReUulator. Field Offi..e
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described
for the purpose of conducting on-site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my
behalf and take all actions necessary for the processing, issuance and acceptance of a permit or
certification and any and all associated standard and special conditions.This notification supersedes any
previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0699069571
Site Address: Ten Ten Road (SE of Hwy 401), Garner, Wake Co., NC
Lat/Long: 35.661902/-078.707154
Watershed: Swift Creek (Lake Wheeler), 27-43-(D. "WS -III; NSW" Neuse 03020201
PROPERTY OWNER INFORMATION:
Name: Ten Ten WEH, LP
Address: 2900 Linden Lane, Suite 300, Silver Spring, MD 20910-1265
Phone No.: (q/a) 397- 191?5 Fax No.: (q/q )3g 7— (q 6 D Mobile No.:
Email: er 1 •FK i n %4pj[%-- COAa na ni a.r, con„
Cric. kt;,n� A-s-ks 4- U«.e Pr�.,r; Ja'1�i- I -p 7 S 16
Property Owner (please print) `--pi Til w—H L -F' Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our know/edge.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT COPY
Actin Id. 2015-01022 County: Wake U.S.G.S. Quad: NC- uad
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ten Ten WEH, LP
Eric Rifkin
Address: 2900 Linden Lane, Suite 300
Silver Snring, MD, 20910
Telephone Number: 919-387-1885
Size (acres) 89_82 Nearest Town Garner
Nearest Waterway Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.661902
Longitude: -78.707154
Location description: The project is located off Ten Ten Road, Garner, Wake County, North Carolina.
Description of projects area and activity: This verification authorizes impacts to 151 If of unnamed tributaries to Swift Creek and
0.068 acre of wetlands for a residential development. Impacts WI -0.042 acre, W2-0.026 acre. SI -541f, & 52-32 If are
Permanent impacts for a road crossing. S3 permanently impacts 45 If for a sewer line and grcenwav crossing and S4 will have
temporary impacts to 201f for construction.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide/General Permit Number: Nationwide Permit 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 10/4/2016, and the enclosed plans EX -1. EX -2, & F.-3 dated 6/172016. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions ofthe nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvaWpermits.
If there are any questions regardogi'v
e ifj tcatio%nyof the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Tasha Ate:ande19- 4884 t. 35 ortasha.I.alexanderanusace.armv.mil.
Corps Regulatory Official: a 14 \1 II {� 1X4WV /V Date: 12/2/2016
Expiration Date of Verifies on: S/2017 —11 _,/

2015-01022
SPECIAL CONDITION
Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated
with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S.
and will be reviewed.cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and
present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or
0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial
or intermittent' stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use
of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to
impact waters of the U.S. on this property and/or associated with this project/activity,
The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by-case basis. All
requests for waiver must be in writing and shall include rationale for the request.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
htip://corpsmapu.usace.army.mil/cnt anex/f?P=136:4:0
Copy furnished:
Agent: Soil & Environmental Consultants- PA
Bob Zamecki
Address: 8412 Falls of Neuse Road Ste. 104
Raleieh, NC, 27615
Telephone Number: 616-846-5900
E-mail: baarceckWsandec.com

Water Resources
CNWRONMeNTAL OUALlTY
December 6, 2016
Ten Ten WEH, LP
Attn: Eric Rifkin
2900 Linden Ln., Ste. 300
Silver Spring, MD 20,910
PAT MCCRORY
Gowmar
DONALD R. VAN DER VAART
S"-Iary
S. JAY ZIMMERMAN
DNrclor
DWR #16-0951
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
McCuller's Walk Subdivision
Dear Mr. Rifkin:
You have our approval for the impacts listed below for the purpose described in your
application dated October 3, 2016 and received by the Division of Water Resources (Division)
on October 4, 2016 with additional information received via email on November 18, 2016.
These impacts are covered by the attached Water Quality General Certification Number 3890
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification
(WQC) and Authorization Certificate dated December 6, 2016 replace the 401 WQC and
Authorization Certificate dated October 18, 2016. The modification is necessary to change all
of the stream Impacts for stream stabilization to permanent impacts; and the total impacts
for this project are now covered by Water Quality General Certification Number 3890.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 028
.0233(8))
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdmr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive. Raleigh, NC 27609 Fax: [phone]

McCuller's Walk SD
DWR #16-0951
401 AND BUFFER APPROVAL
Page Z of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.042 (acres)
0.026 (acres)
Road
Stream
86 (linear feet)
0 (linear feet)
Stabilization
Stream
45 (linear feet)
20 (linear feet)
Sewer
Buffers —Zone 1
650 (square feet)
1,868 (square feet)
Impact Area #1
Suffers — Zone 2
1,552 (square feet)
995 (square feet)
Impact Area #1
Buffers —Zone 1
1,306 (square feet)
1,393 (square feet)
Sewer
Buffers -- Zone 2
217 (square feet)
740 (square feet)
Sewer
Buffers —Zone 1
1,829 (square feet)
0 (square feet)
Greenway
Buffers —Zone 2
871 (square feet)
0 (square feet)
Greenway
2. Stormwater Management Plan (SMP) Approval from Local Communitv Reauiired
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full-sized plan sheets, with proof of the City of Garner's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the City of Garner. if the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5))
3. No Waste, Spoil. Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no

McCuller's Walk 5D
DWR 1116-4951
401 AND BUFFER APPROVAL
Page 3 of 4
violations of state water quality standards, statutes, or rules occur. (15A NCAC 02H .0501
and .0502)
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 1506 by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5.00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road

Raleigh, NC 27699-6714
McCuller's Walk SD
DWR #16-0951
401 AND BUFFER APPROVAL
Page 4 of 4
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR -- 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
if sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at 919-791-4251 [e-mail] if you have any questions or concerns.
Si cer ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
CC U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Bob Zarzecki; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104;
Raleigh, NC 27615
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit

State of North Carolina
Department of Environment
and Natural Resources �j►►
Raleigh Regional Office
Michael F. Easley, Governor NCDENFR
William G. Ross Jr., Secretary NOR- r--OUNA DO-ARTMENT OF,
ENVIRONMENT AND NATURAL- RESOURCES
November 20, 2002
Brad Suther
Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, N.C. 27614
Subject: Neuse River Basin
Riparian Buffer Rules
McCuller's Tract
Highway 401 & SR 1010
S&EC # 02-7248
NBRRO 02-248
Wake County
Dear Mr. Suther:
The information that was received by the Raleigh Regional Office has been reviewed. The plat map
and other information was provided to allow a determination to be made as to whether or not the site
would require compliance with the Neuse River Basin Buffer Rule. This specific project is referenced
by the Raleigh Regional Office as NBRRO 02-248. This letter will serve as confirmation of the buffer
determinations made by S & E C at the subject property.
The features represented on the Wake County Soils and the Lake Wheeler USGS Quad maps were
evaluated on October 31, 2002 to determine their subjectivity. Four stream features (A, B, C, and D)
and three ponds are depicted on the maps within the subject property. All four features are subject
to protection as streams. Feature A from the NBR Flag, B from Flag # 34, C from Flag 01 Low, and
D from Start Buffer Flag below 401 Seafood Parking Lot. Pond 1 has been drained and filled and pond
2 is constructed above the subject stream feature in uplands. Both are not subject to the Rule.
Although pond 3 is not depicted on either map, it was been constructed on Feature A and is therefore
subject to protection.
This letter addresses only the applicability of the Buffer Rules. For information relative to the Wetlands
401/404 issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to
this matter and if this Office can be of any assistance or if you have additional questions, please do
not hesitate to contact us.
Sincerely,
-�J�
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney
Wake County/Land Quality
H:\nbrlet.for\nbr02\mcculler.248
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
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THIS DRAWING IS THE PROPERTY OF:
Spaulding & Norris, PA
111
:14
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and is W w he rcpludL and a copied in whok or in pan it—
pornimioe from Spaulding & Naris. PA. TTis dm-iTkg is na
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PROJECT NUMBER
Vi
Spnulding & Noon,. PA.. pon r q -i.
821-15