20060613 Ver 1_Complete File_20060427

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April 27, 2006
Mr. Michael Babuin
Town of Cary
Town of Cary Engineering Department
318 N. Academy Street
Cary, NC 27511
Subject Property: Town of Cary Windsor Oaks Water/Sewer Extension
Dutchmans Creek [030402,27-43-4.5, WSII, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0613
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Babuin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.52 acres of wetland (0.24 acres permanent impacts, 0.28 acres temporary
impacts) and 3,831 square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and 12,246
square feet (fe) of protected Zone 2 Neuse River basin riparian buffer as described in your application
dated April 11, 2006, and received by the Division of Water Quality (DWQ) on April 11, 2006, for the
purpose of constructing a sustained sewer trunk line to annexed parts of southern Cary. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) NW 12 when
issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Nc?o"An1tCarolina
Ammu!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Cary
Page 2 of 5
April 27, 2006
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/Wetland 0.52 acres (0.24 acres
permanent impacts, 0.28 acres
temporary impacts) PCN page 8 of 13
Buffer -Zone 1 3,831 (square ft. PCN page 12 of 13
Buffer - Zone 2 12,246 (square ft. PCN page 12 of 13
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B.0233 and GC 3404;
Town of Cary
Page 3 of 5
April 27, 2006
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
404/Wetland 0.48 acres Neuse/03020201
9. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms_Documents,htm.-1 10. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
Town of Cary
Page 4 of 5
April 27, 2006
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
i 11
Alan W. Klimek, E. v?1
AWK/Um
Enclosures: GC 3374
NCDWQ EEP Mitigation Summary
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 060613TOCmyWindsorOaksWaterSewerExK Wake)401_NBR
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and.-Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the Town of Cary has permission as outlined below to impact 0.24 acres
of wetlands for the purpose(s) of constructing a sustained sewer trunk line to annexed parts of southern Cary at the
interchange of Kingsford Drive and Dutchmans Creek in Wake County. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Cary, NC
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.24 Acres of Class WL wetland 0.48 Acres of riparian wetland
In correspondence dated April 7, 2006, the EEP indicated that up to 0.48 acres of riparian wetland mitigation will be
conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM. .
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM -
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 060613TOCaryWindsorOaks WaterSewerExt(Wake)101_NBR-EEP
401 OversghUExpress Review Permits Unit
1650 Mat Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
?` Carolina
turally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
kii auy pat icutar Rem is not appucame to tors project, please enter "loot Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit 0 Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP No. 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ? s + 1 `t ; !
Applicant Information =`'°

A,PR I ?,
Owner/Applicant Information 4
Name: Town of Carv
Mailing Address: Town of Cary Engineering Department
318 N. Acadamy Street
Carv, NC 27511
Attention: Michael Babuin, Ph.D., P.G.
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: michael.babuin(a)townofcarv.org
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Updated 11/1/2005
Page 5 of 13
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: Town of Cary, Windsor Oaks Water and Sewer Extension (SW 5006)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): N/A
4. Location
County: Wake County Nearest Town: Apex, NC
Subdivision name (include phase/lot number): Windsor Oaks Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, NC, travel
south on US 1 /64 to Penny Road. Travel east on Penny Road to Kingsford Drive. Take a
right onto Kingsford Drive and travel approximately 0.25 mile to the crossing of Kingsford
Drive over Dutchman's Creek. The project study area extends both east and west of this
crossing.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.): See attached
cover letter.
6. Property size (acres): Construction limits encompass approximately 1.4 acres
7. Name of nearest receiving body of water: Dutchman's Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_ The project study area is bordered by residential
development to the east, north, and south, and by Penny Road to the west. The project study
N/A
Updated 11/1/2005
Page 6 of 13
area occurs within the floodplain of Dutchman's Creek with residential development
occurring on side slopes and ridges to the north and south of the property. Elevations within
the project study area range from a high of approximately 430 feet National Geodetic
Vertical Datum (NGVD) in the upland areas to a low of approximately 390 feet NGVD
within the stream channel. The project study area is characterized predominant by
Piedmont/Mountain Bottomland Forest which occurs throughout the project study area The
project area is located in the Piedmont 1hysiogMhic province with land uses near the project
study area consisting of commercial and residential development as well as forestland
10. Describe the overall project in detail, including the type of equipment to be used: The
Town of Cary proposes to install approximately 3000 linear feet of sewer trunk line within
the floodplain of Dutchman's Creek in the Windsor Oaks Subdivision in Carv North
Carolina. Heavy-duty construction equipment will be used.
11. Explain the purpose of the proposed work: The purpose of this project is to provide a
sustained sewer trunk line to annexed parts of Southern Cary, as required, for the foreseeable
future in a manner that causes the least possible disturbance to the surrounding community
and environment. The Windsor Oaks neighborhood, which was recently annexed by the
Town of Cary effective this past June 30, 2003, has submitted a valid and sufficient petition
requesting municipal water and sewer service in accordance with Town of Car Policy 23
"Water and Wastewater System Extension and Connection Policy." Windsor Oaks is
currently provided water service through a community water system supplied by wells that
are owned and operated by Heater Utilities. Sewer service is also provided by Heater
Utilities, although the wastewater collected within the community is currently received and
treated by the Town of CM. Most of the existing water system is compatible with current
municipal standards, and therefore, with minor modifications and additions, can be retrofitted
to provide municipal water service and fire protection. However, the existing sewer system
is not compatible with municipal standards and will require complete replacement.
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. The project study area was visited by Monte Matthews of the USACE on
March 17, 2006. Monte Matthews provided a jurisdictional determination on March 23, 2006
and assigned the project the following Action ID number: 200620569. In addition Monte
Matthews indicated that he would accept a 1:1 ratio for wetland mitigation.
Updated 11/1/2005
Page 7 of 13
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application. N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts to Jurisdictional areas under
the Clean Water Act (CWA) due to the proposed project footprint include 0.28 acre of
temporary impacts to vegetated wetlands 0.24 acre of permanent impacts to vegetated
wetlands, and 0.37 acre of impacts to Neuse River Basin riparian buffer (Figures 3 through
12 of the permit drawings). More detailed descriptions of impacts can be found in the
attached cover letter.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on
ma
Type of

Impact*
Type Wetland
(e.g., forested, marsh
herbaceous, bog, etc.) Located within

100-year
Floodplain
(ye o) Distance to

Nearest
Stream
(linear feet) Area of

Temporary
Impact
(acres) Area of

Permanen
Impact
(acres)
1 M,E Forested No Adjacent 0.02 0.02
2 M,E Forested No Adjacent 0.03 0.03
3 M,E Forested No Adjacent 0.03 0.02
4 M,E Forested No Adjacent 0.19 0.17
5 M,E Forested No Adjacent 0.01 ---
Total Permanent Wetland Impact (acres) 0.24
Total Temporary Wetland Impact (acres) 0.28
M=Mechanized clearing; E=Excavation
3. List the total acreage (estimated) of all existing wetlands on the property: 0.52 acre
Updated 11/1/2005
Page 8 of 13
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560. The
proposed utility corridor crosses three stream sections (See Figures 3 and 5), however, the
Town of Cary proposes to jack and bore at these crossings to avoid direct encroachment into
the two stream systems, thereby avoiding any impacts to jurisdictional streams
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
List the cumulative impact to all Waters of the U_S resulting from the „rniPr-t-
Stream Impact (acres): N/A
Wetland Impact (acres): 0.28 (temporary), 0.24 (permanent)
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.28 (temporary), 0.24 (permanent)
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
Updated 11/1/2005
Page 9 of 13
techniques to be followed
committed to incorporating-
VIII. Mitigation
construction to reduce impacts. The Town of Cary is
able and practicable design features to avoid and minimize
to provide full corn
DWQ - In accordance with 115A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality forlprojects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide fpr Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrnszide.html.
I
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), affec ed stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (res oration, enhancement, creation, or preservation), a plan view,
preservation mechanism (?.g., deed restrictions, conservation easement, etc.), and a
description of the current sit conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. Jurisdictional impacts total 0.28 acre of temporary
drainage are not included in the calculation of permanent loss to waters of the United Staten
0.24 acre of impact to
ect i
re-establishment of pre-proiect wetland elevations. Mitigation for permanent impacts to 0.24
Updated 11/1/2005
Page 10 of 13
acre of vegetated wetlands will be provided by the N.C. Ecosystem Enhancement Program
(NCEEP) at a mitigation ratio of 1:1 (see attached NCEEP approval letter). This mitigation
ratio was determined by Monte Matthews of the U.S. Army Corps of Engineers on March 17,
2006. Impacts to riparian buffers at each perpendicular crossing total 20 linear feet and are
therefore considered to be "Exempt" under the Neuse River Basin Buffer Rules.
Subsequently, mitigation will not be required. Impacts to riparian buffers at non-
perpendicular crossings _(only Zone 2 impacts occur at non-perpendicular crossings) total
0.19 acre and are considered to be "Allowable" under the Neuse River Basin Buffer Rules:
therefore, mitigation will not be required. Detailed descriptions of mitigation measures can
be found in the attached cover letter.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wlp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.24
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
Updated I I/1/2005
Page 11 of 13
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3831 3 (2 for Catawba) N/A
2 12246 1.5 N/A
Total 16077 N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260. Impacts to riparian buffers at each
yerpendicular crossing total 20 linear feet and are therefore_ considered to be "Exempt" under
the Neuse River Basin Buffer Rules. Subsequently, mitigation will not be required Impacts
to riparian buffers at non-perpendicular crossings -(only Zone 2 impacts occur at non-
perpendicular crossings) total 0.19 acre and are considered to be "Allowable" under the
Neuse River Basin Buffer Rules; therefore, mitigation will not be required.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. The appropriate sediment and erosion control practices will equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual." This project will be in full compliance with all specifications
governing the proper design, installation, and operation and maintenance of such Best
Management Practices in order to assure compliance with appropriate water quality standards.
In addition, all sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the proposed project is
completed.
Updated 11/1/2005
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Z?? "

_ 6< o t?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
04-07-'06 11:00 FROM-DENR EEP
Heather Saunders
EcoScience
1101 Haynes Street, Suite 101
Raleigh, NC 27604
9197152001
E C te it
PROGRAM
April 7, 2006
5

T-736 P02

i
1
U-187
project: Windsor Oafs Sewer Extension County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibilityof the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. 11 we have not received a copy of the issued 404
Permit/401 CertMcation within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made,
Based on the information supplied by you the impacts that may require compensatory mitigation arc summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft) (Sq. Ft.)
Ri arian Non- Ri arian Coastal Marsh Cold Cool Warm
^ Neuse 0.24 0 0 0 ,0 0 0 . 0
Upon receipt ofpayment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or LAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C, Department of
Environment and Natural Resources and the LT. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone],
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
rr
riffliam D. Gilm
ore, FE P-84tor E .. protgCc , Oar ft-a&
rte...
T'A
I?CDE-IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
C
r ... ?. L 0 0 C3 V (,, 1 3
_U
EcoScience Corporation
Raleigh, North Carolina 919-828-3433
EcoScience
_ i
LETTER OF TRANSMITTAL
?Jl0
Date: 4/11/06 Job #: 05-236.03
Attn: Cyndi Karoly
WE ARE SENDING YOU:
X Document
Data
Copy of Letter
Maps
Prints

Change Order
Plans
Samples
Specifications
Other
No. of
Copies Description

7 Please find attached 7 copies of the Windsor Oaks Water and Sewer Extension Project permit application.
Enclosed with the permit application you will find 7 copies of the cover letter, permit drawings, a pre-construction
notification form, and an NCEEP acceptance letter. In addition, I have attached a $200 application fee.

THESE ARE TRANSMITTED as checked below:
X For approval Approved as submitted
For your use Approved as noted
As requested Returned for corrections
REMARKS:
SENDER
CC: SIGNATURE:
RECIPIENT SIGNATURE:
Resubmit Copies for approval
Submit Copies for distribution
Return Corrected prints
1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: [phone] Fax: [phone]
lil
EcoScience
April 11, 2006
1 -7 "N
Ms. Cyndi Karoly ?? "N
N.C. Division of Water Quality i {
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Subject: Application for Section 401 Water Quality Certification (WQC No. 3374)
associated with Nationwide Permit No. 12 for Windsor Oaks Water and
Sewer Extension Project in Wake County, Town of Cary. Application for
"No Practical Alternatives" determination. Town of Cary Project Number
SW-5006
Dear Cindi:
The purpose of this letter is to provide you with information concerning the Town of Cary's
proposed installation of approximately 3000 linear feet of sewer trunk within the floodplain of
Dutchman's Creek in Cary, North Carolina (Figure 1). Please find attached this summary letter,
a project location map (Figure 1), an overall plan view of the project study area (Figures 1 and
2), permit drawings (Figures 3-12), typical wetland cross-sections (Figures WX1 and WX2),
typical stream cross-sections (Figure SX1), a completed Pre-Construction Notification form for
Nationwide Permit (NWP) No. 12, a N.C. Ecosystem Enhancement Program (NCEEP)
acceptance letter, and a Section 401 Water Quality Certification application fee of $200.00.
Project Description: The Town of Cary proposes to install approximately 3000 linear feet of
sewer trunk line within the floodplain of Dutchman's Creek in the Windsor Oaks Subdivision in
Cary, North Carolina (see Figures 1 and 2). Construction limits for the Windsor Oaks Water and
Sewer Extension project (hereafter referred to as the "Site") are approximately 3000 feet long
and 20 feet wide, encompassing 1.4 acres. Within the Site, proposed construction will take place
within a 20-foot wide construction easement. The Site occurs within the floodplain of
Dutchman's Creek with residential development occurring on side slopes and ridges to the north
and south of the property. Two streams (Dutchman's Creek and an unnamed tributary to
Dutchman's Creek [UT 1]) and multiple wetlands occur within the Site. Impacts to Section 404
jurisdictional areas are anticipated as a result of the proposed project. Impacts expected as a
result of the proposed project include: 0.28 acre of temporary impacts to jurisdictional wetlands,
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 2 of 6
0.24 acre of permanent impact to jurisdictional wetlands, and 0.37 acre of impact to Neuse River
Basin buffers. Impacts to these jurisdictional areas are expected to occur as a result of
mechanized clearing and temporary excavation for the proposed installation of sewer line;
therefore, the Town of Cary proposes to perform these activities under NWP No. 12 (Utility Line
Activities).
The project study area is characterized predominantly by Piedmont/Mountain Bottomland Forest,
with elevations within the project study area ranging from approximately 390 to 430 feet above
sea level. The project area is located in the Piedmont physiographic province with land uses near
the project study area consisting of commercial and residential development, as well as
forestland. Two streams, Dutchman's Creek and UT 1 are located within the Site. Dutchman's
Creek enters the project study area as a perennial stream with slow to moderate flow over a
substrate of silt, sand, gravel, and cobble. Bank height ranges from 3 to 8 feet and bank width
ranges to 8 feet. The following table lists Site coordinates.
Table 1. Site Coordinates
Coordinate Location Latitude Longitude
Begin Project 35 42 52.605 78 47 52.534
Stream Crossing 1* 35 42 50.738 78 47 49.638
Stream Crossing 2* 35 42 48.329 78 47 40.552
Stream Crossing 3* 35 42 49.800 78 47 36.720
End Project 35 42 45.189 78 47 21.736
*Note: Stream crossing coordinates indicate where the proposed utility easement crosses Dutchman's Creek or
UT 1; however, no impacts are expected to occur at these crossings.
Purpose and Need: The purpose of this project is to provide a sustained sewer trunk line to
annexed parts of Southern Cary, as required, for the foreseeable future in a manner that causes
the least possible disturbance to the surrounding community and environment.
The Windsor Oaks neighborhood, which was recently annexed by the Town of Cary effective
this past June 30, 2003, has submitted a valid and sufficient petition requesting municipal water
and sewer service in accordance with Town of Cary Policy 23, "Water and Wastewater System
Extension and Connection Policy." Windsor Oaks is currently provided water service through a
community water system supplied by wells that are owned and operated by Heater Utilities.
Sewer service is also provided by Heater Utilities, although the wastewater collected within the
community is currently received and treated by the Town of Cary. Most of the existing water
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 3 of 6
system is compatible with current municipal standards, and therefore, with minor modifications
and additions, can be retrofitted to provide municipal water service and fire protection.
However, the existing sewer system is not compatible with municipal standards and will require
complete replacement.
Impacts Proposed Under NWP No. 12: Impacts to jurisdictional areas under the Clean Water
Act (CWA) due to the proposed project footprint include: 0.28 acre of temporary impacts to
vegetated wetlands, 0.24 acre of permanent impacts to vegetated wetlands, and 0.37 acre of
impact to Neuse River Basin buffer (Figures 3 through 12 of the permit drawings). Permanent
impacts to jurisdictional wetland will occur as a result of excavation and mechanized clearing in
a 10-foot wide corridor centered on the proposed sewer line that will be permanently maintained
subsequent to sewer installation. Temporary impacts will occur as a result of mechanized
clearing within the remaining five-foot wide corridor on each side of the permanently maintained
10-foot wide corridor. Following construction, all areas will be revegetated and will support
permanent vegetation. In addition, post-construction ground elevations will be restored to pre-
construction elevations after project completion. No impacts to streams are expected as a result
of the proposed project.
Please note that only temporary impacts to wetlands occur at Permit Site 5 (Figure 7) where the
new alignment overlaps an existing sewer easement. This area is maintained regularly and so a
permanent change in vegetation will not occur as a result of the proposed project. Prior to
construction, wetlands impacted by excavation will be back-filled with the top 6 to 12 inches of
wetland soil and restored to pre-construction contours.
The Town of Cary proposes to jack and bore under all stream crossings; thereby avoiding any
temporary or permanent impacts to jurisdictional streams.
In order to minimize impacts to riparian buffers, the Town of Cary has designed their
construction limits so as to cross both Dutchman Creek and UT I at nearly 90 degrees, thereby
reducing impacts to riparian buffer to the greatest extent possible. In addition, the Town of Cary
has avoided any impacts to Zone 1 buffer that would occur as a result of non-perpendicular
crossings. Riparian buffer impacts that occur at each perpendicular crossing total 20 linear feet
are therefore considered to be "Exempt" under the Neuse River Basin buffer rule. Impacts to
riparian buffer that occur as a result of non-perpendicular crossings total 0.19 acre. These
impacts occur in Zone 2 only and are therefore considered "Allowable" under the Neuse River
Basin Buffer Rules.
l I
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 4 of 6
Avoidance, Minimization, and Compensatory Mitigation: The Town of Cary has been at all
times committed to incorporating all reasonable and practical design features to avoid and
minimize jurisdictional area impacts. Avoidance measures were taken during the planning
phases, and minimization methods were incorporated as part of the project design. To the
maximum extent practicable, the proposed project has been designed to maintain preconstruction
downstream flow conditions.
To minimize temporary impacts to Section 404 jurisdictional areas, the Town of Cary proposes
to perform the following activities:
• Access roads to the project study area have been designed so as to avoid impacts
to Section 404 jurisdictional areas.
• The Town of Cary proposes to jack and bore under stream crossings thereby
avoiding any impacts to jurisdictional streams.
• The construction corridor will be limited to 20 feet in width, well below the 40-
foot threshold imposed by the conditions of NWP No. 12. In addition, permanent,
maintained access corridors will be restricted to the minimum practicable width
and will not exceed 10 feet in width except at manhole covers.
• In order to minimize impacts to riparian buffers, the Town of Cary has designed
their construction limits so as to cross both Dutchman Creek and UT 1 at nearly 90
degrees, thereby reducing impacts to riparian buffer to the greatest extent
possible.
• Mechanized land clearing for the construction of the sewer line will be kept to the
minimum necessary (less than 20-foot wide construction zone).
• The appropriate sediment and erosion control practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment And
Erosion Control Planning and Design Manual" will be in full compliance with all
specifications governing the proper design, installation, and operation and
maintenance of such Best Management Practices in order to assure compliance
with appropriate water quality standards.
• All sediment and erosion control measures placed in wetlands or waters will be
removed and the original grade restored within two months after the proposed
project is completed.
• Heavy equipment used in wetlands will be placed on mats.
• Cleared wetland areas will be re-vegetated with low-growing grasses and other
herbaceous species. Fescue grass will not be used.
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 5 of 6
• The sewer line will be installed with no joints connected within the footprint of
Dutchman's Creek or within two feet of the streambanks.
To mitigate for any unavoidable impacts to Section 404 jurisdictional areas, the Town of Cary
proposes to perform the following activities:
• Permanent impacts to 0.24 acre of vegetated wetlands will be mitigated for by
payment to the NCEEP. Please see the attached NCEEP acceptance letter for
verification.
• Temporary impacts to vegetated wetlands will be mitigated for on-Site by
replacing the top 6 to 12 inches of the excavated trench with topsoil from the
trench. Post-construction grade elevations in wetlands will match pre-
construction contours.
• Impacts to riparian buffers at each perpendicular crossing total 20 linear feet and
are therefore considered "Exempt" under the Neuse River Basin buffer rules for
non-electric utility crossings; therefore, mitigation will not be required.
• Impacts to Zone 2 riparian buffers (at non-perpendicular crossings) have been
limited to less than 0.19 acre and are considered "Allowable" under the Neuse
River Basin buffer rules for non-electric utility crossings; mitigation is limited to
avoidance and minimization measures as previously discussed.
On behalf of the applicant, EcoScience Corporation is hereby requesting N.C. Division of Water
Quality (NCDWQ) General Certification (GC) 3374, in association with NWP 12, for the
Windsor Oaks Water and Sewer Extension project in Cary, North Carolina. In addition to the
GC, we are seeking to obtain a "No Practical Alternatives" determination from NCDWQ.
EcoScience Corporation has provided a list of all conditions of the General Certification and
nationwide permit to the applicant.
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 6 of 6
The Windsor Oaks Water and Sewer Extension project will be designed and executed by the
Town of Cary; therefore, the permittee should be designated as the Town of Cary. The contact
address and phone number are as follows:
Town of Cary Engineering Services
318 North Academy Street
Cary, NC 27511
Phone: [phone]
Fax: [phone]
Contact: Mr. Michael Babuin, Ph.D., P.G.
Please call me if you have any questions or need further information. Thank you for your
assistance with this project.
Yours truly,
E OSCIENCE CORPORATION
N.
Heather J. Saun rs
Permitting Coordinator
Attachments
Cc: Mr. Michael Babuin, Ph.D., P.G., Town of Cary Engineering Department
0
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3
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A
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WATER AND SEWER EXTENSION
WINDS®R ®A?S
LOCATION: WAKE COUNTY
THE SITE IS LOCATED IN WAKE COUNTY ALONG
DUTCHMANS CREEK AND UT TO DUTCHMANS CREEK,
BETWEEN NC 1379 AND NC 1010 JUST SOUTH OF
HEMLOCK BLUFFS STATE NATURAL AREA.
TYPE OF WORK NEW SEWER LINE CONSTRUCTION
A. I
aa' FIGURES ? II
Qe?°r 3 8 1I
INDEX OF FIGURES
1: TITLE FIGURE/ INDEX
2: PERMIT AREAS OVERVIEW
3-7 JURISDICTIONAL WETLAND IMPACTS
8-12 RIPARIAN BUFFER IMPACTS
WX1-WX2t WETLAND CROSS-SECTIONS
4r . _ N
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1'•I? A '....., i V!
PROJEC'X'?`?;--,
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FIGURES
613,118
END ALIGNMENT
? FIGURES A, 38+54.27
?\\ 7,12,
2006
1
ALIGNMENT LENGTH I
3654.27 LN. FT.
Prepored In the off1ce of:

EcoScience Corporation
1101 Haynes St, Suite 101 Ph: 919 828.1413
Ralcigh, North Carolim 27604 F- 919 828.3518
SFAL•
No. Revisions Date

FIGURE
I
Prepored for: Dm By: Dum.By: ck4Ey:
MAF HJS
Date:
APR 2006
TOWN OF
CARY
North Carolina
Penny Rd ?
_ BEGIN ALIGNMENT,
A. 1 + Pell,,,
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LEGEND
- JURISDICTIONAL STREAM
D JURISDICTIONAL WETLAND
-- STREAM FLOW DIRECTION
FUTURE SEWER LINE
PROPOSED
SEWER EASEMENT
PROPOSED
SEWER ALIGNMENT
ZONE 1 BUFFER
0 FT. - 30 FT.)
ZONE 2 BUFFER
(30 FT.- 50 FT.)
--- EXISTING R/W

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co
Corporation
Raleigh, North Carolina
REVISIONS
Client:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
PERMIT AREAS
OVERVIEW 11
D.n By: Dote:
MAF APR 2006
Ckd By Scale:
HJS V-200'
ESC Project No.:
05-236.03
FIGURE
`J

WX6
STA. 28.00
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JURISDICTIONAL STREAM
E JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
PROPOSED SEWER
ZONE 1BUFFER
0 FT. - 30 FT.)
ZONE 2 BUFFER
(30 FT.- 50 FT.)
M
Q
Z
TA. 13+95

EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Client
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 1
Own By Dote:
MAF APR 2006
Ckd By: Scale:
HJS 1"-30-
ESC Project No.:
05-236.03
FIGURE

1
/"'
-%%
30 0 30
%
SCALE IN FEET
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PERMANENT ? • \
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CORRIDOR
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LEGEND
- JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
> STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
---0- PROPOSED SEWER
_ _ _ _ ZONE 1 BUFFER
0 FT. - 30 FT.)
---------- ZONE 2 BUFFER
(30 FT.- 50 FT.)
WETLAND IMPACTS
PERMANENT JURISDICTIONAL
WETLAND IMPACT
® TEMPORARY JURISDICTIONAL
WETLAND IMPACT

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EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Cllent:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 2
D- By: Dole:
MAF APR 2006
Cka By: scale:
HJS 1"-30-
ESC Project No.:
05-236.03
FIGURE
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PERMANENT JURISDICTIONAL
WETLAND IMPACT
® TEMPORARY JURISDICTIONAL
WETLAND IMPACT
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LEGEND
- JURISDICTIONAL STREAM ----• PROPOSED
SEWER EASEMENT
JURISDICTIONAL WETLAND- PROPOSED SEWER
> STREAM FLOW DIRECTION - - - - ZONE 1 BUFFER
0 FT. - 30 FT.)
_________, ZONE 2 BUFFER
(30 FT.- 50 FT.)
EcoScience
Corporation
Raleigh, North Carolina

REVISIONS

Client
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 3
0- By: Dale:
MAF APR 2006
Ckd By: Scole:
HJS V-30-
ESC Project No.:
05-236.03
FIGURE

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LEGEND
- ' JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
-5- FUTURE SEWER LINE
PROPOSED
SEWER EASEMENT
--?"}- PROPOSED SEWER
ZONE 1 BUFFER
0 FT. - 30 FT.)
---------- ZONE 2 BUFFER
(30 FT.- 50 FT.)
- EXISTING R/W

PERMANENT
10 FT. WIDE
MAINTAINED
CORRIDOR

WETLAND IMPACTS
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EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
cfien6
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 4
Dwn By: Date:
Q MAF APR 2006
Ckd By: Scale:
F- HJS 1"-30'
W ESC Project No.:
= 05-236.03
co
= FIGURE
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- - WETLAND IMPACT ___------.
(30 FT.- 50 FT.)
SCALE IN FEET
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Own By: Date:
m MAF APR 2006
Ckd By: Scale:
W HJS P'-30'
W ESC Project No.:
05-236.03
= FIGURE
H
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i
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Cleat
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 4

//\
ILI
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30 0 30
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WETLAND IMPACTS
PERMANENT JURISDICTIONAL
WETLAND IMPACT
® TEMPORARY JURISDICTIONAL
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PERMANENT
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MAINTAINED
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EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS II
cllmt:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 4
o.o By: oete:
MAF APR 2006
Ckd By: SCOIe:
HJS 1"•30'
ESC Project No.:
05-236.03
FIGURE
11 I-I
LEGEND
JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
> STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
-(}- PROPOSED SEWER
- - _ _ ZONE 1 BUFFER
0 FT, - 30 FT.)
______--- ZONE 2 BUFFER
(30 FT.- 50 FT.)
-- EXISTING R/W
16" \
36+2?.
PERMANENT
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/ MAINTAINED
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END ALIGNMENT
LEGEND

- JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
j STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
---(- PROPOSED SEWER
ZONE 1 BUFFER
0 FT. - 30 FT.)
---------- ZONE 2 BUFFER
(30 FT.- 50 FT.)
-- EXISTING R/W
-S- EXISTING SEWER LINE
--- - EXISTING SEWER EASEMENT
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EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Cfenl:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 5
Dwn By: Dote:
MAF APR 2006
Ckd By: Scale:
HJS V-30-
ESC Project No.:
05-236.03
FIGURE
0
EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Cllenl
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title
RIPARIAN
BUFFER
IMPACTS
SITE 1
o.ln By: Bate:
MAF APR 2006
Ckd By Scale:
HJS V-30'
ESC Project No.:
05-236.03
FIGURE
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30 0 30
SCALE IN FEET
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MAINTAINED
CORRIDOR
LEGEND
- JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
> STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
-Q- PROPOSED SEWER
- - - ZONE 1 BUFFER
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---------- ZONE 2 BUFFER
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EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Chen:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 2
Own By: Dole:
MAF APR 2006
Cod By: Scale;
HJS 1'•30'
ESC Project No.
05-236.03
FIGURE
J

I I i

I ••1
SITE 3
i NIP
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Client:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
M
00

Q
z
30 0 30
SCALE IN FEET
RIPARIAN BUFFER IMPACTS
ZONE 1(0-30 FT.)
ZONE 2 (30-50 FT.)

LEGEND
- JURISDICTIONAL STREAM ----• PROPOSED
SEWER EASEMENT
JURISDICTIONAL WETLAND -E}- PROPOSED SEWER
STREAM FLOW DIRECTION - - - - ZONE 1 BUFFER
0 FT. - 30 FT.)
---------, ZONE 2 BUFFER
(30 FT.- 50 FT.)
RIPARIAN
D- By: cote
10
BUFFER
IMPACTS
SITE 3
MAF APR 2006
Ckd By: Scale
HJS 1"-30'
ESC Project No.:
- 05-236.03
FIGURE
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A
LEGEND
- JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
-s- FUTURE SEWER LINE
PROPOSED
SEWER EASEMENT
-+D-- PROPOSED SEWER
ZONE 1 BUFFER
0 FT. - 30 FT.)
---------, ZONE 2 BUFFER
(30 FT.- 50 FT.)
-- EXISTING R/W
u • ? • 29:??
PERMANENT ••?•
10 FT. WIDE r? • ? '`-
MAINTAINED ?r,'?.,
CORRIDOR
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RIPARIAN BUFFER IMPACTS
` ;•`•` ZONE 1 (0-30 FT.)
ZONE 2 (30-50 FT.)
30 0 30
00 i
0
z SCALE IN FEET
Own By: Dote:
MAF APR 2006
Q Ckd By: Scale:
HJS V-30'
F ESC Project No.
W 05-236.03
2
fA FIGURE
2
V
11
EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Client
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 4
??t'?' r; .mow
W
W
N
a

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PERMANENT
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MAINTAINED -?•`??- '?' •/'_ -
CORRIDOR ? ?= -

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Q
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30 0 30
SCALE IN FEET
I nirnnmruv ourrv-n unrn?.i? I
ZONE 1(0-30 FT.)
ZONE 2 (30-50 FT.)
JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
-- PROPOSED SEWER
ZONE 1 BUFFER
0 FT. - 30 FT.)
--------- ZONE 2 BUFFER
(30 FT.- 50 FT.)
EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
CI;eM:
TOWN OF
CARY
NORTH CAROLINA
Project: --
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Tine:
RIPARIAN
BUFFER
IMPACTS
SITE 4
Den By: Dote:
m MAF APR 2006
r Ckd By: Scale:
F. HJS P'-30'
W CSC Project No:
= 05-236.03
FIGURE
2
F
11A
- - - 30 0 30
"
'Al
\ 2? SCALE IN FEET
rt
s
v
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\ v? `? v4
LEGEND
JURISDICTIONAL STREAM
PROPOSED
SEWER EASEMENT
PROPOSED SEWER
ZONE 1BUFFER
0 FT. - 30 FT.)
ZONE 2 BUFFER
(30 FT.- 50 FT.)
EXISTING R/W
E= JURISDICTIONAL WETLAND
`J STREAM FLOW DIRECTION

?Q.
Q /

EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Client:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 4
Dwn By: Dole:
MAF APR 2006
Ckd By: Scale
HJS 1"-30-
ESC Project No.:
05-236.03
FIGURE
11E511
,
36+25\` ,\
`, 3 X
PERMANENT
10 FT. WIDE
MAINTAINED
CORRIDOR -
?o.
nP ?

%
M A17 \ . \
_ ST 37+44 \
?, \ \ '
\
\ S
%
MH A18
STA 38 4 \.\ s?
LEGEND
JURISDICTIONAL STREAM
END
JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT 72

-Q- PROPOSED SEWER
RIPARIAN BUFFER IMPACTS f
1
ZONE 1 BUFFER ?
I
1
0 FT. - 30 FT.)
---------- ZONE 2 BUFFER
(30 FT.- 50 FT.) ;•;•;•;•;•;ZONE 1(0-30 FT.)
-- EXISTING R/W
-S- EXISTING SEWER LINE ZONE 2 (30-50 FT.) ro
----- EXISTING SEWER EASEMENT °a
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,
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30 0 30
SCALE IN FEET
EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Client
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 5
D.n By Dote:
MAF APR 2006
cke By: Scale:
HJS V-30'
ESC Project No.:
05-236.03
FIGURE
12
WET WET
GROUND
coScience
435 435 435 435 ECorporation
Raleigh, North Carolina
433 433 433 433
REVISIONS
431 431 431 431
429 429 429 429
PROPOSED
10" CAST
427 ELE .•427.1 IRON 427 427 PROPOSED 427
113" CAST
425 425 425 425 c"°^c:
TOWN OF
0 10 20 30 40 50 0 10 20 30 40 50 CARY
NORTH CAROLINA
WETLAND CROSS-SECTION 1 WETLAND CROSS-SECTION 3
STA. 11.13 STA. 13+95 PfOfect
WET WET WATER AND
SEWER
EXTENSION
435 435 435 435 WINDSOR OAKS
EXISTING
433 433 433 433 WAKE COUNTY,
NORTH CAROLINA
GROUND
Title
431 431 431 431
429 429 429 429 WETLAND
CROSS-SECTIONS
ilF 10" CA T
427 IRON P PE 427 427 427
D- By Dale:
MAF MAR
425 425 425 425 2006
Ckd By: Scale:
ESC Project No.:
0 10 20 30 40 50 0 10 20 30 40 50 05-236.03
FIGURE
WETLAND CROSS-SECTION 2 WETLAND CROSS-SECTION 4
STA. 12.35 STA. 16.50 wx1
EXISTING
'

P PE

+5-T+N GROUN

PROPO ED

EL V.•426. 0

EXISTI
GROUN G

EL
V.•425. ?
9
IRON P
PE

PROPO ED

EL V.•424. 08
IRON P
PE HJS AS SHOWN
429
427
425
423
421
419
10 20 30 40 50
WETLAND CROSS-SECTION 5
STA. 22.75
UICT
425
423
421
419
417
415
0 10 20 30 40 50
WETLAND CROSS-SECTION 6
STA. 28.00

EXI
GR STING
OUND

EL

EV.-417.

36 PROPO
10" CAS
IRON P SED
T
PE

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27
25
23
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419
417
40
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421
419
417
415
413
411

GROUN D
PROPO ED
I 10" CA T
EL V.-412. 1 IRON PI PE

421
419
417
415
413
411
10 20 30 40 t,, 50,
WETLAND CROSS-SECTION 7
STA. 35.25
WET
419
417
415
413
411
409

EXI
FGRC TING
UND

71 77 -

EL
V.•411. I
2 10" CA
IRON PI T
PE

0 10 20 30 40 50
WETLAND CROSS-SECTION 8
STA. 38.40
419
417
415
413
411
409
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Cliert:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
WETLAND
CROSS-SECTIONS
D- By: Dale:
MAF MAR 2006
Ckd By: Scole:
HJS AS SHOWN
ESC Project No.:
05-236.03
FIGURE
WX2
rrfl ? ..1
J
1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: [phone] Fax: [phone]
EcoScience
April 11, 2006
Ms. Cyndi Karoly
N.C. Division of Water Quality
0
PA T
1 C. F! l :: a
APR I ZS
1621 Mail Service Center
Raleigh, North Carolina 27699-1621 °
Subject: Application for Section 401 Water Quality Certification (WQC No. 3374)
associated with Nationwide Permit No. 12 for Windsor Oaks Water and
Sewer Extension Project in Wake County, Town of Cary. Application for
"No Practical Alternatives" determination. Town of Cary Project Number
SW-5006
Dear Cindi:
The purpose of this letter is to provide you with information concerning the Town of Cary's
proposed installation of approximately 3000 linear feet of sewer trunk within the floodplain of
Dutchman's Creek in Cary, North Carolina (Figure 1). Please find attached this summary letter,
a project location map (Figure 1), an overall plan view of the project study area (Figures 1 and
2), permit drawings (Figures 3-12), typical wetland cross-sections (Figures WXl and WX2),
typical stream cross-sections (Figure SX1), a completed Pre-Construction Notification form for
Nationwide Permit (NWP) No. 12, a N.C. Ecosystem Enhancement Program (NCEEP)
acceptance letter, and a Section 401 Water Quality Certification application fee of $200.00.
Project Description: The Town of Cary proposes to install approximately 3000 linear feet of
sewer trunk line within the floodplain of Dutchman's Creek in the Windsor Oaks Subdivision in
Cary, North Carolina (see Figures 1 and 2). Construction limits for the Windsor Oaks Water and
Sewer Extension project (hereafter referred to as the "Site") are approximately 3000 feet long
and 20 feet wide, encompassing 1.4 acres. Within the Site, proposed construction will take place
within a 20-foot wide construction easement. The Site occurs within the floodplain of
Dutchman's Creek with residential development occurring on side slopes and ridges to the north
and south of the property. Two streams (Dutchman's Creek and an unnamed tributary to
Dutchman's Creek [UT 1]) and multiple wetlands occur within the Site. Impacts to Section 404
jurisdictional areas are anticipated as a result of the proposed project. Impacts expected as a
result of the proposed project include: 0.28 acre of temporary impacts to jurisdictional wetlands,
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 2 of 6
0.24 acre of permanent impact to jurisdictional wetlands, and 0.37 acre of impact to Neuse River
Basin buffers. Impacts to these jurisdictional areas are expected to occur as a result of
mechanized clearing and temporary excavation for the proposed installation of sewer line;
therefore, the Town of Cary proposes to perform these activities under NWP No. 12 (Utility Line
Activities).
The project study area is characterized predominantly by Piedmont/Mountain Bottomland Forest,
with elevations within the project study area ranging from approximately 390 to 430 feet above
sea level. The project area is located in the Piedmont physiographic province with land uses near
the project study area consisting of commercial and residential development, as well as
forestland. Two streams, Dutchman's Creek and UT 1 are located within the Site. Dutchman's
Creek enters the project study area as a perennial stream with slow to moderate flow over a
substrate of silt, sand, gravel, and cobble. Bank height ranges from 3 to 8 feet and bank width
ranges to 8 feet. The following table lists Site coordinates.
Table 1. Site Coordinates
Coordinate Location Latitude Longitude
Begin Project 35 42 52.605 78 47 52.534
Stream Crossing 1 * 35 42 50.738 78 47 49.638
Stream Crossing 2* 35 42 48.329 78 47 40.552
Stream Crossing 3* 35 42 49.800 78 47 36.720
End Project 35 42 45.189 78 47 21.736
*Note: Stream crossing coordinates indicate where the proposed utility easement crosses Dutchman's Creek or
UT I; however, no impacts are expected to occur at these crossings.
Purpose and Need: The purpose of this project is to provide a sustained sewer trunk line to
annexed parts of Southern Cary, as required, for the foreseeable future in a manner that causes
the least possible disturbance to the surrounding community and environment.
The Windsor Oaks neighborhood, which was recently annexed by the Town of Cary effective
this past June 30, 2003, has submitted a valid and sufficient petition requesting municipal water
and sewer service in accordance with Town of Cary Policy 23, "Water and Wastewater System
Extension and Connection Policy." Windsor Oaks is currently provided water service through a
community water system supplied by wells that are owned and operated by Heater Utilities.
Sewer service is also provided by Heater Utilities, although the wastewater collected within the
community is currently received and treated by the Town of Cary. Most of the existing water
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 3 of 6
system is compatible with current municipal standards, and therefore, with minor modifications
and additions, can be retrofitted to provide municipal water service and fire protection.
However, the existing sewer system is not compatible with municipal standards and will require
complete replacement.
Impacts Proposed Under NWP No. 12: Impacts to jurisdictional areas under the Clean Water
Act (CWA) due to the proposed project footprint include: 0.28 acre of temporary impacts to
vegetated wetlands, 0.24 acre of permanent impacts to vegetated wetlands, and 0.37 acre of
impact to Neuse River Basin buffer (Figures 3 through 12 of the permit drawings). Permanent
impacts to jurisdictional wetland will occur as a result of excavation and mechanized clearing in
a 10-foot wide corridor centered on the proposed sewer line that will be permanently maintained
subsequent to sewer installation. Temporary impacts will occur as a result of mechanized
clearing within the remaining five-foot wide corridor on each side of the permanently maintained
10-foot wide corridor. Following construction, all areas will be revegetated and will support
permanent vegetation. In addition, post-construction ground elevations will be restored to pre-
construction elevations after project completion. No impacts to streams are expected as a result
of the proposed project.
Please note that only temporary impacts to wetlands occur at Permit Site 5 (Figure 7) where the
new alignment overlaps an existing sewer easement. This area is maintained regularly and so a
permanent change in vegetation will not occur as a result of the proposed project. Prior to
construction, wetlands impacted by excavation will be back-filled with the top 6 to 12 inches of
wetland soil and restored to pre-construction contours.
The Town of Cary proposes to jack and bore under all stream crossings; thereby avoiding any
temporary or permanent impacts to jurisdictional streams.
In order to minimize impacts to riparian buffers, the Town of Cary has designed their
construction limits so as to cross both Dutchman Creek and UT1 at nearly 90 degrees, thereby
reducing impacts to riparian buffer to the greatest extent possible. In addition, the Town of Cary
has avoided any impacts to Zone 1 buffer that would occur as a result of non-perpendicular
crossings. Riparian buffer impacts that occur at each perpendicular crossing total 20 linear feet
are therefore considered to be "Exempt" under the Neuse River Basin buffer rule. Impacts to
riparian buffer that occur as a result of non-perpendicular crossings total 0.19 acre. These
impacts occur in Zone 2 only and are therefore considered "Allowable" under the Neuse River
Basin Buffer Rules.
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 4of6
Avoidance, Minimization, and Compensatory Mitigation: The Town of Cary has been at all
times committed to incorporating all reasonable and practical design features to avoid and
minimize jurisdictional area impacts. Avoidance measures were taken during the planning
phases, and minimization methods were incorporated as part of the project design. To the
maximum extent practicable, the proposed project has been designed to maintain preconstruction
downstream flow conditions.
To minimize temporary impacts to Section 404 jurisdictional areas, the Town of Cary proposes
to perform the following activities:
• Access roads to the project study area have been designed so as to avoid impacts
to Section 404 jurisdictional areas.
• The Town of Cary proposes to jack and bore under stream crossings thereby
avoiding any impacts to jurisdictional streams.
• The construction corridor will be limited to 20 feet in width, well below the 40-
foot threshold imposed by the conditions of NWP No. 12. In addition, permanent,
maintained access corridors will be restricted to the minimum practicable width
and will not exceed 10 feet in width except at manhole covers.
• In order to minimize impacts to riparian buffers, the Town of Cary has designed
their construction limits so as to cross both Dutchman Creek and UT1 at nearly 90
degrees, thereby reducing impacts to riparian buffer to the greatest extent
possible.
• Mechanized land clearing for the construction of the sewer line will be kept to the
minimum necessary (less than 20-foot wide construction zone).
• The appropriate sediment and erosion control practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment And
Erosion Control Planning and Design Manual" will be in full compliance with all
specifications governing the proper design, installation, and operation and
maintenance of such Best Management Practices in order to assure compliance
with appropriate water quality standards.
• All sediment and erosion control measures placed in wetlands or waters will be
removed and the original grade restored within two months after the proposed
project is completed.
• Heavy equipment used in wetlands will be placed on mats.
• Cleared wetland areas will be re-vegetated with low-growing grasses and other
herbaceous species. Fescue grass will not be used.
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 5 of 6
• The sewer line will be installed with no joints connected within the footprint of
Dutchman's Creek or within two feet of the streambanks.
To mitigate for any unavoidable impacts to Section 404 jurisdictional areas, the Town of Cary
proposes to perform the following activities:
• Permanent impacts to 0.24 acre of vegetated wetlands will be mitigated for by
payment to the NCEEP. Please see the attached NCEEP acceptance letter for
verification.
• Temporary impacts to vegetated wetlands will be mitigated for on-Site by
replacing the top 6 to 12 inches of the excavated trench with topsoil from the
trench. Post-construction grade elevations in wetlands will match pre-
construction contours.
• Impacts to riparian buffers at each perpendicular crossing total 20 linear feet and
are therefore considered "Exempt" under the Neuse River Basin buffer rules for
non-electric utility crossings; therefore, mitigation will not be required.
• Impacts to Zone 2 riparian buffers (at non-perpendicular crossings) have been
limited to less than 0.19 acre and are considered "Allowable" under the Neuse
River Basin buffer rules for non-electric utility crossings; mitigation is limited to
avoidance and minimization measures as previously discussed.
On behalf of the applicant, EcoScience Corporation is hereby requesting N.C. Division of Water
Quality (NCDWQ) General Certification (GC) 3374, in association with NWP 12, for the
Windsor Oaks Water and Sewer Extension project in Cary, North Carolina. In addition to the
GC, we are seeking to obtain a "No Practical Alternatives" determination from NCDWQ.
EcoScience Corporation has provided a list of all conditions of the General Certification and
nationwide permit to the applicant.
EcoScience Corporation
Ms. Cyndi Karoly
April 11, 2006
Page 6 of 6
The Windsor Oaks Water and Sewer Extension project will be designed and executed by the
Town of Cary; therefore, the permittee should be designated as the Town of Cary. The contact
address and phone number are as follows:
Town of Cary Engineering Services
318 North Academy Street
Cary, NC 27511
Phone: [phone]
Fax: [phone]
Contact: Mr. Michael Babuin, Ph.D., P.G.
Please call me if you have any questions or need further information. Thank you for your
assistance with this project.
Yours truly,
4OSCIENCE CORPORATION'
U"it,
Heather J. Saunders
Permitting Coordinator
Attachments
Cc: Mr. Michael Babuin, Ph.D., P.G., Town of Cary Engineering Department
PAI?
nr r?
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
kl, ally Ya, LIL U a, ,w,,, ,5 uU, apyucaUic w ttns project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
N Section 404 Permit 0 Riparian or Watershed Buffer Rules
F-1 Section 10 Permit Isolated Wetland Permit from DWQ
N 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP No. 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information 0(
Name: Town of Cary
Mailing Address: Town of Cary Engineering Department
318 N. Acadamy Street
Cary, NC 27511
Attention: Michael Babuin Ph.D. P.G.
Telephone Number:_ [phone] Fax Number: [phone]
E-mail Address: michael.babuin(a,townofcary.org
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
Page 5 of 13
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: Town of Cary, Windsor Oaks Water and Sewer Extension (SW 5006)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake County Nearest Town: Apex, NC
Subdivision name (include phase/lot number): Windsor Oaks Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, NC, travel
south on US 1/64 to Penny Road. Travel east on Penny Road to Kingsford Drive Take a
rijzht onto Kingsford Drive and travel approximately 0.25 mile to the crossing of Kingsford
Drive over Dutchman's Creek. The project study area extends both east and west of this
crossing.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.): See attached
cover letter.
6. Property size (acres): Construction limits encompass approximately 1.4 acres
7. Name of nearest receiving body of water: Dutchman's Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mUs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proiect study area is bordered by residential
development to the east, north, and south, and by Penny Road to the west. The project study
Updated 11/1/2005
Page 6 of 13
area occurs within the floodplain of Dutchman's Creek with residential development
occurring on side slopes and ridges to the north and south of the property. Elevations within
the project study area range from a high of approximately 430 feet National Geodetic
Vertical Datum (NGVD) in the upland areas to a low of approximately 390 feet NGVD
within the stream channel. The proiect study area is characterized predominantly by
Piedmont/Mountain Bottomland Forest which occurs throughout the project study area. The
project area is located in the Piedmont physiogrMhic province with land uses near the project
study area consisting of commercial and residential development, as well as forestland
10. Describe the overall project in detail, including the type of equipment to be used: The
Town of Cary proposes to install approximately 3000 linear feet of sewer trunk line within
the floodplain of Dutchman's Creek in the Windsor Oaks Subdivision in Cary North
Carolina. Heavy-duty construction equipment will be used.
11. Explain the purpose of the proposed work: The purpose of this project is to provide a
sustained sewer trunk line to annexed parts of Southern Cary, as required, for the foreseeable
future in a manner that causes the least possible disturbance to the surrounding community
and environment. The Windsor Oaks neighborhood, which was recently annexed by the
Town of Cary effective this past June 30, 2003, has submitted a valid and sufficient petition
requesting municipal water and sewer service in accordance with Town of Carv Policy 23,
"Water and Wastewater System Extension and Connection Policy." Windsor Oaks is
currently provided water service through a community water system supplied by wells that
are owned and operated by Heater Utilities. Sewer service is also provided by Heater
Utilities, although the wastewater collected within the community is currently received and
treated by the Town of Cary. Most of the existing water system is compatible with current
municipal standards, and therefore, with minor modifications and additions, can be retrofitted
to provide municipal water service and fire protection. However, the existing sewers stem
is not compatible with municipal standards and will require complete replacement.
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. The project study area was visited by Monte Matthews of the USACE on
March 17, 2006. Monte Matthews provided a jurisdictional determination on March 23, 2006
and assigned the proiect the following Action ID number: 200620569. In addition, Monte
Matthews indicated that he would accept a 1:1 ratio for wetland mitigation.
Updated 111112005
Page 7 of 13
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application. N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Impacts to jurisdictional areas under
the Clean Water Act (CWA) due to the proposed project footprint include 0.28 acre of
temporary impacts to vegetated wetlands 0.24 acre of permanent impacts to vegetated
wetlands, and 0.37 acre of impacts to Neuse River Basin riparian buffer (Figures 3 through
12 of the permit drawings). More detailed descriptions of impacts can be found in the
attached cover letter.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on
map)
Type of

Impact*
Type of Wetland

herbaceous, forested, bog, etcmarsh,.) Located within

100-year
Floodplain
(es/no) Distance to

Nearest
Stream
(linear feet) Area of

Temporary
Impact
(acres) Area of

Permanen
Impact
(acres)
1 M,E Forested No Adjacent 0.02 0.02
2 M,E Forested No Adjacent 0.03 0.03
3 M,E Forested No Adjacent 0.03 0.02
4 M,E Forested No Adjacent 0.19 0.17
5 M,E Forested No Adjacent 0.01 ---
Total Permanent Wetland Impact (acres) 0.24
Total Temporary Wetland Impact (acres) 0.28
M=Mechanized clearing; E=Excavation
3. List the total acreage (estimated) of all existing wetlands on the property: 0.52 acre
Updated 11/1/2005
Page 8 of 13

Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560. The
proposed utility corridor crosses three stream sections (See Figures 3 and 5); however, the
Town of Cary proposes to tack and bore at these crossings to avoid direct encroachment into
the two stream systems; thereby avoiding any impacts to jurisdictional streams.
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.28 (temporary), 0.24 (permanent)
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.28 (temporary), 0.24 (permanent)
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
Updated 11/1/2005
Page 9 of 13
techniques to be followed during construction to reduce impacts. The Town of Cary is
committed to incorporating all reasonable and practicable design features to avoid and minimize
stream and wetland impacts, and to provide full compensatory mitigation of remaining
unavoidable impacts to jurisdictional wetlands. Avoidance measures were taken during project
planning, and minimization measures were incorporated as part of the project design. Detailed
descriptions of avoidance and minimization measures can be found in the attached cover letter.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.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. Jurisdictional impacts total 0.28 acre of temporary
wetland impacts, 0.24 acre of permanent wetland impacts, and 0.37 acre of riparian buffer
impacts. Waters of the United States temporarily affected big, flooding, excavation, or
drainage are not included in the calculation of permanent loss to waters of the United States;
therefore, permanent impacts expected to occur as a result of the proposed project include
0.24 acre of impact to vegetated wetlands. Temporary impacts to wetlands will be restored
on-site upon project completion. Restoration of temporarily disturbed wetland areas includes
re-establishment of pre-project wetland elevations. Mitigation for permanent impacts to 0.24
Updated 11/1/2005
Page 10 of 13
acre of vegetated wetlands will be provided by the N.C. Ecosystem Enhancement Program
(NCEEP) at a mitigation ratio of 1:1 (see attached NCEEP approval letter). This mitigation
ratio was determined by Monte Matthews of the U.S. Army Corps of Engineers on March 17,
2006. Impacts to riparian buffers at each perpendicular crossing total 20 linear feet and are
therefore considered to be "Exempt" under the Neuse River Basin Buffer Rules.
Subsequently, mitigation will not be required. Impacts to riparian buffers at non-
perpendicular crossings (only Zone 2 impacts occur at non-perpendicular crossings) total
0.19 acre and are considered to be "Allowable" under the Neuse River Basin Buffer Rules,
therefore, mitigation will not be required. Detailed descriptions of mitigation measures can
be found in the attached cover letter.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.24
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
Updated 11/1/2005
Page 11 of 13
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify, )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3831 3 (2 for Catawba) N/A
2 12246 1.5 N/A
Total 16077 N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260. Impacts to riparian buffers at each
Demendicular crossing total 20 linear feet and are therefore considered to be "Exempt" under
the Neuse River Basin Buffer Rules. Subsequently, mitigation will not be required. Impacts
to riparian buffers at non-perpendicular crossings (only Zone 2 impacts occur at non-
perpendicular crossings) total 0.19 acre and are considered to be "Allowable" under the
Neuse River Basin Buffer Rules, therefore, mitigation will not be required.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. The appropriate sediment and erosion control practices will equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual." This project will be in full compliance with all specifications
governing the _proper design, installation, and operation and maintenance of such Best
Management Practices in order to assure compliance with appropriate water quality standards.
In addition, all sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the proposed project is
completed.
Updated 11/1/2005
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
04-07-'06 11:00 FROM-DENB EEP
heather Saunders
EcoScience
1101 Haynes Street, Suite 101
Raleigh, NC 27604
9197152001
PROGRAM
April 7, 2006
T-736 P02 U-187
Project: Windsor Oaks Sewer Extension County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from, the date of this loner. If we have not received a copy of the issued 404
Permitl401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation arc summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq_ Ft.) (Sq. Ft.)
Riparian Non-Ri aria, Coastal Marsh Cold Cool Warn
Neuse 0.24 0 0 0 0 0 n n
Upon receipt ofpayment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Chit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
riffliam 7. Gil SmorD ?P }E ' ` ` ... Pro" oar Stage,

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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
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WINDSOR OAKS
LOCATION: WAKE COUNTY
THE SITE IS LOCATED IN WAKE COUNTY ALONG
DUTCHMANS CREEK AND UT TO DUTCHMANS CREEK,
BETWEEN NC 1379 AND NC 1010 JUST SOUTH OF
HEMLOCK BLUFFS STATE NATURAL AREA.
TYPE OF WORK NEW SEWER LINE CONSTRUCTION
A. I
WATER AND SEWER EXTENSION
FIGURES
Qevm ' 3, 8
77, - -'- FIGURES. FIGURES.
'\11 C
FIGURES6,11 6A, 11A
5;10
INDEX OF FIGURES
1: TITLE FIGURE/ INDEX
2: PERMIT AREAS OVERVIEW
3-7 JURISDICTIONAL WETLAND IMPACTS
B-12 RIPARIAN BUFFER IMPACTS
WX1-WX2: WETLAND CROSS-SECTIONS

6 1 3
I ALMNAIENT LENGTH I
3854.27 LN. FT.
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FIGURES
7'12 ,

Prepared In file office of:

EcoScience Corporation
1101 Haynes St., Suite 101 Ph: 919 826.3433
Raleigh, North Carolina 27604 Fix: 919 8284518
sFu
No. Revisions Dote

Prepared for:
TOWN OF
CARY
North Carolina
Dm By:
I Dam. By. Ckd By:
MAF HJS
Date:
APR 2006
FIGURE

LEGEND
- JURISDICTIONAL STREAM
JURISDICTIONAL WETLAND
-e STREAM FLOW DIRECTION
FUTURE SEWER LINE
PROPOSED
SEWER EASEMENT
PROPOSED
SEWER ALIGNMENT
ZONE 1BUFFER
0 FT.- 30 FT.)
ZONE 2 BUFFER
(30 FT.- 50 FT.)
EXISTING R/W
qY Rd.
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BEGIN ALIGNMENT,
A. I +00 pinny
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1.,1 STA. 11+13
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WX5
WX4 STA 22.75
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EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
Client=
TOWN OF
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Title:
PERMIT AREAS
OVERVIEW
D- By Date:
MAF APR 2006
Ckd By Scole:
HJS 1"•200'
ESC Project No.:
05-236.03
FIGURE

/O
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30 0 30
MH A4
SCALE IN FEET STA 14+23

6`l`
EcoScience
Corporation
Raleigh, North Carolina
I REVISIONS I
Cfi-t:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 1
D- By: Dote:
MAF APR 2006
Ckd By: Scole:
HJS V-30'
ESC Project No.:
05-236.03
FIGURE
V
EXIST MH "A" \
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Corporation
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/.,. \ \ \ SATE 2
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?- 41
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u
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EXTENSION
WINDSOR OAKS
MH A6\ \ WAKE COUNTY,
STA 17+09 NORTH CAROLINA
Title:
LEGEND

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D JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
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-- PROPOSED SEWER
ZONE 1 BUFFER
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\,
%
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MAF APR 2006
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_ 05-236.03
PERMANENT JURISDICTIONAL
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SITE 3

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Raleigh, North Carolina
REVISIONS

Client:
TOWN OF
CARY
NORTH CAROLINA
ProjecU
it
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
FT IUeI
30 0 30
1
SCALE IN FEET
DO
0
a
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PERMANENT JURISDICTIONAL
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JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 3
D- By Dote:
MAF APR 2006
Ckd By: Scale:
HJS 1"•30'
ESC Project No.:
05-236.03
FIGURE
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Raleigh, North Carolina
REVISIONS
Cli-t:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
WETLAND IMPACTS
PERMANENT JURISDICTIONAL
WETLAND IMPACT
® TEMPORARY JURISDICTIONAL
WETLAND IMPACT
JURISDICTIONAL
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.,. IMPACTS
PERMIT SITE 4
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Q MAF APR 2006
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2 05-236.03
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EcoScience
Corporation
Raleigh, North Carolina
II REVISIONS ?I
ClienU
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 4
own By: Dote:
MAF APR 2006
Ckd By: Scole:
HJS 1"-30-
ESC Project No.:
05-236.03
FIGURE
6
30 0 30 %
SCALE IN FEET
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00
1%%
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LEGEND
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JURISDICTIONAL WETLAND
1 STREAM FLOW DIRECTION
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
PROPOSED
SEWER EASEMENT
0- PROPOSED SEWER
_ _ _ _ ZONE 1 BUFFER
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---------- ZONE 2 BUFFER
(30 FT.- 50 FT.)
EXISTING R/W
rr?
Q'

Cli-t:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 4
own By: Dote:
MAF APR 2006
Ckd By: Scale:
HJS 1"-30
ESC Project No;
05-236.03
FIGURE
60
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PROPOSED
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-- PROPOSED SEWER
ZONE 1 BUFFER
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® TEMPORARY JURISDICTIONAL
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M
00
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z
SCALE IN FEET
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS -
client:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title
JURISDICTIONAL
WETLAND
IMPACTS
PERMIT SITE 5
Dwn By: Date:
MAF APR 2006
Ckd By: Scale:
HJS 1'•30'
ESC Project No.:
05-236.03
FIGURE

,
0 LEGEND
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\ \ TA 10+00
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MH Al JURISDICTIONAL WETLAND Corporation
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EcoScience
Corporation
Raleigh, North Carolina
REVISIDNS
Cl;-t:
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Till;
RIPARIAN
BUFFER
IMPACTS
SITE 2
D- By Dote:
MAF APR 2006
Ckd By Scale:
HJS 1"•30'
ESC Project No.:
05-236.03
FIGURE

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LEGEND
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SEWER EASEMENT
JURISDICTIONAL WETLAND -o-- PROPOSED SEWER
STREAM FLOW DIRECTION - - - - ZONE 1 BUFFER
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---------, ZONE 2 BUFFER
(30 FT.- 50 FT.)
E, t
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS - -ql
Client:
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 3
Own By Dale:
MAF APR 2006
Ckd By Scale:
HJS 1"•30'
ESC Project No.:
05-236.03
FIGURE
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PROPOSED
SEWER EASEMENT
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---------, ZONE 2 BUFFER
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Corporation
Raleigh, North Carolina
11 REVISIONS 11
Client
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 4
Dwn By: Date:
MAF APR 2006
Coe 9y: Scale:
HJS 1"-,30-
ESC Project No.:
05-236.03
FIGURE
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pleoU
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 4
D- By: Dole:
MAF APR 2006
Ckd By: Scale:
HJS 1"•30'
ESC Project No.:
05-236.03
FIGURE
11A
30 0 30 LEGEND
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SCALE IN FEET ECoSC1enC2
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%
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i \ .• Raleigh, North Carolina
%
SEWERSEDASEMENT REVISIONS
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PROPOSED SEWER
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------- ZONE 2 BUFFER
EXISTING R/W
CIIenU
TOWN OF
CARY
NORTH CAROLINA
Project
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Till, -
/ RIPARIAN
BUFFER
IMPACTS
/ SITE 4
/ awn By Dole:
MAF APR 2006
/ Ckd By: Scale:
/ HJS 1"-30'
ESC Project No.:
\ D5-236.03
/ FIGURE
k16
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NERMANENT
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JURISDICTIONAL WETLAND
STREAM FLOW DIRECTION
PROPOSED
SEWER EASEMENT
-o-- PROPOSED SEWER
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-------- -- ZONE 2 BUFFER
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1 ,
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00
M 30 0 30
a
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SCALE IN FEET
z'
EcoScience
Corporation
Raleigh, North Carolina
Ii REVISIONS -?I
client
TOWN OF
CARY
NORTH CAROLINA
Project:
WATER AND
SEWER
EXTENSION
WINDSOR OAKS
WAKE COUNTY,
NORTH CAROLINA
Title:
RIPARIAN
BUFFER
IMPACTS
SITE 5
own By Dote:
MAF APR 2006
Ckd By Scale;
HJS V-30-
ESC Project No.:
05-236.03
FIGURE
1G

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EXISTING
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0 10 20 30 40 50
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435
433
431
429
427
425
435
433
431
429
427
425
0
435 435
433 433
431 ---431
429 429
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435
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427
425
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39 PROPO
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433
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6
EcoScience
Corporation
Raleigh, North Carolina
REVISIONS
425 Cent:
TOWN OF
0 10 20 30 40
WETLAND CROSS-SECTION 3
STA. 13.95
IAlCT
50 CARY
NORTH CAROLINA
Project

WATER AND
I.
FPR

EXISTIN G
GROUN

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EL
V.•424.
08 IRON P PE
0 10 20 30 40
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STA. 16+50
435
433
431
429
427
425
50
201 SEWER
EXTENSION
435 WINDSOR OAKS
433 WAKE COUNTY,
NORTH CAROLINA
Title
431
429 WETLAND
CROSS-SECTIONS
427
0- By: Date:
425 MAF MAR 2006
Ckd By: Scale:
HJS AS SHOWN
ESC Project No.:
05-236.03
FIGURE

10 20 30 40 50
WETLAND CROSS-SECTION 2
STA. 12+35

WET
I
EXISTING
GROUND
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EL V.-420.5 IRON PIPE
10 20 30 40 50
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4
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429
421
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23
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6
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421
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413
411

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421
419
417
415
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EcoScience
Corporation
Raleigh, North Carolina
REVIS10NS
Client:
411
TOWN OF
CARY
w 20 30 40
WETLAND CROSS-SECTION 7
STA. 35+25
WFT
419
417
415
413
411
409
50
NORTH CAROLINA
Project
F WATER AND
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rn n

EXI
FGRC STING
UND

PROPO' ZD

EL
EV.-411.
72 10" CAS
IRON PI T
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0 10 20 30 40
WETLAND CROSS-SECTION 8
STA. 38+40
50
EXTENSION
WINDSOR OAKS
419
WAKE COUNTY,
NORTH CAROLINA
417
Title
415
WETLAND
413 CROSS-SECTIONS

411
1)- By Cale
MAF MAR 2006
409 Ckd By: Scale:
HJS AS SHOWN
ESC Project No:
05-236.03
FIGURE
WIX2
42S
427
425
423
421
419
425
423
421
419
417
415
1?-
Ecomtem
PROGRAM
INVOICE
July 12, 2006
DWQ#: 06-0613
COE#: n/a
Michael Babuin
Town of Cary Engineering Department
318 N. Academy Street
Cary, NC 27511
Project: Windsor Oaks Water/Sewer Extension
County: Wake
You, have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205.
Riparian Wetlands 0.50 acres x $ 26,246.00 = $13,123.00
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $
Saltwater Wetland 0 acres x $131,230.00 = $
Stream 0 linear feet x $ 219.00 = $
Buffer - Zone 1 0 square feet x $ .96 = $
Buffer - Zone 2 0 square feet x $ .96 = $
Total amount of payment $ 13,123.00
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, DWQ 401/Wetlands
Monte Mathews, USACE-Raleigh U R
Eric Kulz, DWQ-Raleigh
Heather Saunders, EcoScience-Raleigh
File JUL 1 8 2006
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / vuww.nceep.net