20040746 Ver 2_Riparian Buffer Authorization_20180308

v�LID :7y(p v,)-
State of North Carolina
Department of Environmental Quality
Divislon of Water Resources Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1 a. Name of project:
1 b. County: K�
1c. Nc?rest municipality:
1d. Subdivision name:
1 e. Is the project located in any of North Carolina's twenty coastal counties?
If yes, answer 1f below.
❑ Yes No
1f. Is the project located within a NC Division of Coastal Management Area of
Environmental Concern (AEC)?
❑ Yes ❑ No
2.
Owner Information
2a. Name on Recorded Deed:
-[reg •, p ��1�C Q} �- Lt�
2b. Deed Book and Page No.
2c. Map Book and Page No.
(include a copy of they
recorded map that indicates
when the lot was created):
2d. Responsible Party
for Corporations):
2e. Street address:
SA -1
2f. City, state, zip:
? Z-+ 5 S
2g. Telephone no.:
C{t C( •5 Z.•CCL C-
2h. Fax no.:
C{ Z• (o IJ ((n
2i. Email address:
C �neS . L'gCi a lt} AGK • Coni
3.
Applicant Information (if different from owner)
3a. Applicant is: ❑ Agent ❑ Other, specify:
3b. Name:
3c. Business name
if applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
4.
Agent/Consultant Information (if applicable)
4a. Name: D - qU
FS
4b. Business name
if applicable):
ITTIN
4c. Street address:
4d. City, state, zip:
4e. Telephone no.:
4f. Fax no.:
4g. Email address:
FORM: BA 10-2013 Page 1 of 4

B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
1 b.
Site coordinates (in decimal degrees): Latitude: Longitude:
1c.
Property size: acres
2.
Surface
Waters
2a.
Name of nearest body of water to proposed project: uL
2b.
Water Quality Classification of nearest receiving water.-
ater:2c.
2c.
River basin: tt
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: \,IgCC�r1+ ('2CGrdtd I D4 -S . 14, -�5 L -,q --1 2-)
n n
3b.
Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site a L- CtC1 r "
3c.
Attach an 8'/z x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site A tIccb-ect "A"
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Z 5SI.
3e.
Explain the purpose of the proposed project: ,,
3f.
Describe the overall project in detail, including the type of equipment to be used:
cel cw }t 1 �],r L k 1 i Yti, l (c
4.
Jurisdictional Determination
4a.
Have jurisdictional wetland or stream determinations by
the Corps or State been requested or obtained for this
property/ project(including all priorphases) in thepast?
ff Yes ❑ No ❑ Unknown
Comments:
D _4 CA
4b.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/ Consultant Company:
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained
for this project(including all priorphases) in the pas t?
[tib Yes ❑ No ❑ Unknown
5b.
If yes, explain and detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project? ❑ Yes ERNo
6b.
If yes, explain.
enceG ��' oa-)A s id -s\ -mer. J
FORM: BA 10-2013 Page 2 of 4

C. Proposed Impacts Inventory
1. Avoidance and Minimization
1. Buffer Impacts
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See a -4
1 a. Project is in which protected basin?
Neuse
❑ Randleman
❑ Tar -Pamlico
❑ Jordan
❑ Catawba
❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of
this form.
Buffer impact Reason for Type of impact Stream name Buffer
number — impact (exempt, allowable, mitigation
Permanent (P) allowable w! required?
or Temporary mitination)
T
Zone 1 Zone 2
impact impact
(sq ft) (sq ft)
B1 ❑ P ❑ T ro ccc �,i AI Iara "'�
❑ Yes 2 No
O
94q
B2 ElP ElT
El`' Yes No
Total impact Multiplier
(square feet
B3 ❑ P ❑ T
❑ Yes Q No
tA1A
B4 ❑ P ❑ T
❑ Yes No
Zone 2
B5 ❑ P ❑ T
❑ Yes © No
) 2 3, Sc)
B6 ❑ P ❑ T
❑ Yes allo
14 Z S.
2c.
Total buffer impacts
CCS
1c. Comments:
If yes, attach the acceptance letter from the mitigation bank or NC DMS.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See a -4
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts
techniques. Set aCE eL A
through construction
2. Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that
requires buffer mitigation?
Yes ❑ No
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone
Reason for impact
Total impact Multiplier
(square feet
Required mitigation
(square feet
Zone 1
tA1A
C) 3 (2 for Catawba)
p
Zone 2
7t) crm aCCe55 -4o Jo}s (xC{ - -1 Z
CIA q 1.5
) 2 3, Sc)
Total buffer mitigation required:
14 Z S.
2c.
If buffer mitigation is required, is payment to a mitigation bank or NC DMS
proposed?
Q Yes ❑ No
2d.
If yes, attach the acceptance letter from the mitigation bank or NC DMS.
2e.
If no, then discuss what type of mitigation is proposed.
2f. Comments:
FORM: BA 10-2013 Page 3 of 4

E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
❑ Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
1b. If you answered "yes" to the above, does the project require preparation of an
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
environmental document pursuant to the requirements of the National or State (North
plan for stormwater treatment as outlined in Chapter 8 of the
Carolina) Environmental Policy Act NEPA/SEPA ?
and attach a BMP Supplement Form.
1 c. If you answered "yes" to the above, has the document been finalized by the State
F. Supplementary Information
1. Environmental Documentation
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes D'No
use of public federal/state land?
1b. If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act NEPA/SEPA ?
1 c. If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2. Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated
❑ Yes allo
Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards,
or Riparian Buffer Rules 15A NCAC 02B .0200)?
2b. Is this an after -the -fact permit application?
[ Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
t
.'i
E't1c o na Oad I
Applicant/Agent's Printed Name Applica Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent by
First Class Mail via the US Postal Service:
NC DWR, Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
For a// other projects sent by First Class Mail via
the US Postal Service
For government transportation projects sent by
delivery service (UPS, FedEx, etc.):
OR NC DWR, Transportation Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
For all other projects sent by delivery service
(UPS, FedEx, etc.):
Karen Higgins Karen Higgins
NCDWR — 401 & Buffer Permitting Branch OR NCDWR — 401 & Buffer Permitting Branch
1617 M 11 - . Center 5 7L 1`N. Salisbury Stleet
Raleigh, NC 27699 - 1617 Raleigh, NC 27604
FORM: BA 10-2013 Page 4 of 4

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
A 440 ch rnen+
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentallx
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed Swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossinqs or other impacts
Eooposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13

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CAL CUE A TED POJNT
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CURRENT OYNER: TREVI FQUµTAIN ASSQE;IAILS
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REVIEWOFFICER CERTIFIIP
Town of `,N(*e Forest, Wake County, North Carolina
(,td �rRclvi.Q.�f Officer for the
reap or Fiat to hich th14 mrrtlfjoV.t1QM 4e effWed' moa', e
iii
�i
TOWN of WAKE FOREST APPROVAL
Apprav ,d for recprdeng by the Tow;: of Wake Forest
T n Clerk
OWNER CE_ TIFIr CATIO
Cxrtifif;at.e of Qwner9hlip and Dedicai•-1. I hereby Cartit
owner of the property shown and dt scribed hereon, whi,
the Subdlvieion jurisdiction of Wake !_crest, and that I n
plan orf eubd4VifFlen with my free car 3emt, estgbllsh iri:J,
50ack lines, and dvdl.cate all streets, olleys, wolks rrc.
sites and easetticnl-s to Public or private u4e as noted.
hereby dedicate a4I sanitary eeWtlOr. Starm sewer and wo
Town of Wake Forest or other pubiic agency as noted r
Owner; TRFVI FOUNTAIN ASSOCIATES
132 South White St., Woke Forest, NC 275$7 (919) 5.
w -!
on
Date
N /F
OAMD & MARY COQ'
PRIVATE OPEN SPACE & DB 2243, P:' 14
25' UINOSCAPE BLWF'ER ••w,•�
TO BE MAINTAINED FY HOA Mill Rd, �e��• (p
(0,47 A(WS) Ligon pCATEO R l' 0.1v ACRE
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awnerehlp and rneinlw snot of common erwe to be proAd•d by Porto Fina Home q _Ra// �• �`
.'• A•sooiation. �!''[ NRS ZONE 2
50)
�lY � , L�CONI'k:RMA,�,OH �- IOs1E i
6) All lots 00J90t to 5' Public ullN.ty eollm"n . a a111MT.
7) All 40616110", anhWoel on the PIPE/v1l1.tY/feclilY unless oflreralIsis Holed..
0) RperealIQA raqulrameM• to be met by rparaotlon tarllly tee.
9) wfbonds dlorm Per approved map % 2004Z7011. Any use meet follow Corp of 1�, uQy„l° / NEUSE RIVf'2 \ '
Fnpineers 9EdiIIdnM. Spatlan 004 of the Chen Wafer Act, FILED FOR REGISTRAT, J �, BASIN RUFFLE
10) There will be no drivewoy Access to Ligon Mill Rood from Lots .69-82. w 2• / N/F Taey OF vNtE rONE9f 4
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7 � $Nllif CREfM PHA AKA
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266o LAURI M. RIDOICK f RI 416" 'kms
12) Ther494We e•494Wen 8' 5V90 Tr" Eaf+mfnt olnng Porto Filo Awnue and CQluadoe REC,ISTE.R OF DEEDS
Ryive. WA F COUNTY
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14) Mciirllrlance Qr Public d,einago eo6emento Iwminalf al the end of pipe/etru,ctura, . y l '+' �sww RECORDED IN BOOK 4F VAPS PACE ! 3` SMI; CREEK S/D
The remainder of thw eWNnsnt Is Prival• TIME: I e `_ 1�6`.`� . PHASE 2
6M 1997, PG 1252
EXIS;TN G ZO,vING ,: 6.U. R-10. RI -OZ -17
R-10 BVILDIYS: SETBACKS:
MIN, LOT 0111H AT HUIWING LINE
FRQNT a 34'
SIVE . }0'
RtAR • 20'
CORNEF S10f • 20'
ldINUAUM LO i AREA 10,000 SF
UINIMUU LID WIDTH 60'
\
53 LOTS
TOTAL NLO.; oF LOTS IN PHASE 2 >G
TO121t�ACREAGE IN ROW w 3,0/1 ACRES
TOTI1Jt OPEC' SPACE PROVIDED 10 1.013 ACRES
TOTAL ACRE iLE_�N_LS�IS..-.�--'-a-`��•^P"�-ETES
TOTAL ACREAGE IN PHASE 2 21.81 ACRES
/*o6)mtni 11811
N'14
g5 It1' r�
N`b.e�t' 48
.r e51e 2t Gt•I.r-
REVIEWOFFICER CERTIFIIP
Town of `,N(*e Forest, Wake County, North Carolina
(,td �rRclvi.Q.�f Officer for the
reap or Fiat to hich th14 mrrtlfjoV.t1QM 4e effWed' moa', e
iii
�i
TOWN of WAKE FOREST APPROVAL
Apprav ,d for recprdeng by the Tow;: of Wake Forest
T n Clerk
OWNER CE_ TIFIr CATIO
Cxrtifif;at.e of Qwner9hlip and Dedicai•-1. I hereby Cartit
owner of the property shown and dt scribed hereon, whi,
the Subdlvieion jurisdiction of Wake !_crest, and that I n
plan orf eubd4VifFlen with my free car 3emt, estgbllsh iri:J,
50ack lines, and dvdl.cate all streets, olleys, wolks rrc.
sites and easetticnl-s to Public or private u4e as noted.
hereby dedicate a4I sanitary eeWtlOr. Starm sewer and wo
Town of Wake Forest or other pubiic agency as noted r
Owner; TRFVI FOUNTAIN ASSOCIATES
132 South White St., Woke Forest, NC 275$7 (919) 5.
w -!
on
Date
N /F
OAMD & MARY COQ'
PRIVATE OPEN SPACE & DB 2243, P:' 14
25' UINOSCAPE BLWF'ER ••w,•�
TO BE MAINTAINED FY HOA Mill Rd, �e��• (p
(0,47 A(WS) Ligon pCATEO R l' 0.1v ACRE
N30'38'1:
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Porto Fino Subdivision
Dear Mr. Cady:
Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 25, 2004
DWQ # 04-0746
Wake County
On May 7. 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your
plan to fill wetlands or waters for the purpose of constructing driveways for Lots 88-91 in Wake County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100
feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
1. Does this impact include the impact of the fill slopes?
2. Why can't the access driveway be moved outside of Zone 2?
3. Stormwater Management (i.e. diffuse flow) will need to be done for all of Zone 1 and Zone 2 rather
than (as proposed) between the Zones. Please provide details of the stormwater management.
4. Will the Ecosystem Enhancement Program accept the mitigation? Please provide written assurance
for this purpose.
Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (V weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
11 Dorney
1 ater Quality C kation Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Frederic Rash, Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htt1)://h2o cnr state nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
®A
NNDENR

III
I&A
RICE&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision — Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above -referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1/3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If Threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: [e-mail]

DWQ 401 Certification Request
Porto Fino Subdivision — Private Access Drive
May 7, 2004
Page 2 of 2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1. Attachment "A"
2. Attachment "B"
3. A set of 11 "xl 7" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
b. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Prol. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
rlM
Frederic D. Rash, P.E.
cc: Daryl Cady — Trevi Fountain Associates, LLC

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to ttus project, please enter ivot Appttcaaie ut w;h .)
Processing
1. Check all of the approval(s) requested for this project:
❑ Section 404 Permit ® Riparian or Watershed Buffer Rules
❑ Section 10 Pen -nit ❑ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Pen -nit Number(s) Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑ N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ❑ N/A
II. Applicant Information
Owner/Applicant Information
Name: Trevi Fountain Associates, LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Daryl Cady
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcadyPnc rr.com
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: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: smr riceassociates.net
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 shoving 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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN)
4. Location: See Attachment "B"
County: Wake
See Attachment "A"
Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith Creek
8. 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.ne.us/admin/niaps/.)
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 existing conditions consist of vacant land with two
Page 6 of 13

tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings — Reference DWQ Project #:
04-0591 (attached).
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.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13

parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact*
Area of
Impact
(acres)
Located within
100 -year Floodplain**
(yes/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
Sewer
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
Sewer
bay, ocean, etc.)
N/A
Sewer
* List each impact separately and identify temporary impacts. 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.
** 100 -Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA -approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.,gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact*
Length of
Impact
(linear feet)
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
(please secify)
N/A
Impact
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip -rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www. mal2q uest. coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Area of
Name of Waterbody
Type of Waterbody
Site Number
Type of Impact*
Impact
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8of13

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The _grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams ----buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as -
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/sti-iii_gide.htinl.
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.
Stream and Wetland mitigation are not required for this project. Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following inforiiiatioii:
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): n/a
Amount of Non -riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federaUstate) land?
Yes ❑ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (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,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ❑ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
Impact
(square feet)_
Multiplier
Required
Mitieation
1
0
3
0
2
949
1.5
1423.5 sf
Total
949
1423.5sf
* Zone 1 extends out 30 feet perpendicular from near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone I.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 13

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, -grassed Swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP, WWTF Permit No.: NC0030759, but
this applies to the previous PCN for the sewer crossings approved under DWQ
Project#: 04-0591.
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
Page 12 of 13

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
04
�plicant/Agent`s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

Attachment "B"
Rezoning Petition for Ligon Mil( Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 170 55' 10" West, 286.47 feet to a point;
Thence North 150 37'
19" West, 97.39 feet to a point;
Thence North 08° 44'
46" West, 96.08 feet to a point, -
Thence North 010 02'
51" West, 95.45 feet to a point;
Thence North 08° 07'
55" East, 95.28 feet to a point;
Thence North 160 51'
48" East, 95.78 feet to a point;
Thence North 24° 15'
10" East, 96.64 feet to a point;
Thence North 29" 21'
38" East, 98.36 feet to a point;
Thence North 300 36'
12" East, 1036.94 feet to a point;
Thence North 300 45'
28" East, 508.77 feet to a point;
Thence North 63° 33'
42" East, 293.61 feet to a point;
Thence South 660 00'
12" East, 258.05 feet to a point,-
oint;Thence
ThenceSouth 090 29'
31" East, 564.23 feet to a point;
Thence South 090 26'
02" East, 748.30 feet to a point;
Thence South 47° 54'
14" West, 33.79 feet to a point;
Thence South 50° 58' 58" West, 99.08 feet to a point;
Thence South 53° 51'
17" West, 97.18 feet to a point;
Thence South 55° 55'
13" West, 99.38 feet to a point, -
Thence South 57° 15' 21" West, 100.37 feet to a point;
Thence South 57° 51' 00" West, 1362.49 feet to the true and correct point of beginning, -
Said parcels contain a total of 2,1 15,71 1.31 sq. ft. (48.57 acres)
G: \Projects\Cady\Li gonMifl_02-073\_ W ORD\Iegol.doc

Engineer:
1 Rice & Associates
Project:
Porto Fino
i 7.5 min. Topo Quad:
-Wake Forest" dated 1987
Location:
Wake Forest- NC
Approximate Scale:
1 1500'
Date:
April 13, 2004
fo
rest,
4
. . ....
wi
tic
J 6�'
PROJECT SITE
X.
SITE LOCATION MAP
Engineer:
1 Rice & Associates
Project:
Porto Fino
i 7.5 min. Topo Quad:
-Wake Forest" dated 1987
Location:
Wake Forest- NC
Approximate Scale:
1 1500'
Date:
April 13, 2004
fo
X.
SITE LOCATION MAP
Engineer:
1 Rice & Associates
Project:
Porto Fino
i 7.5 min. Topo Quad:
-Wake Forest" dated 1987
Location:
Wake Forest- NC
Approximate Scale:
1 1500'
Date:
April 13, 2004

Site Soils Map
Project: Porto Fino Subdivision Location: Wake Forest. \C
Wake County Soil Survey: Sheet = 14 Enaineer: ! Rice & Associates
Approximate Scale: 1" = 700` Date: April 1). 2004
-
PROJECT SITE
:4.
f
a-
,
a `
Site Soils Map
Project: Porto Fino Subdivision Location: Wake Forest. \C
Wake County Soil Survey: Sheet = 14 Enaineer: ! Rice & Associates
Approximate Scale: 1" = 700` Date: April 1). 2004

i
I&A
RICE&
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Si ncerely,
RICE & ASSOCIATES
Cameron M. Rice, P.E.
DATE
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
f- /3 -o -I-
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fox 919.854.0812 • Email: [e-mail]

.w
a sae .nr. rnax
m.a o
' o.'•o (� EXISTING ZOING LIMITS
HARTSEIELD PROPERTIES LLC /
DB 8490,�PG 2033 BM 7000, PG 1991
WAKE PIZ8-3823
8.25 ACRES
/ ZONING: RD /
USE: VACANT
v /
/
r ,a A A�J. r-• / I
' �•� / i- / / PROP. ZONING CU R-10
8.25 ACRES /
/ �,!/ 4/"A �'►� `� PROPOSED ZONING LIM/TS
(PROPERTY LINE)
10,
10.
10
EXISTING ZOING LIMITS
.fv
lb
No
h3 60-
(21"
0-
9
hd I

Michael F. Easley, Govern
William G. Ross Jr., Seczctar
North Carolina Deparanent of Environment and Nanual Resource
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
Alan W. Klimek, P.E., Dixwc
Division of Water Qualit
CoLe-en H. Sullins, Deputy Dinette
Division of Water Qualit
Apri126, 2004
Wake County
DWQ# 04-0591
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitibatien (FEp>
You.are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological 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. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR —
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
N. C Division of Water Quality, 401 Wetlands Certification Unit,
165014ail Service Ceater, Raleigh, NC 27699-1650 (Mailing Address)

Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ftp of required riparian buffer mitigation for impacts to 1,198 ft2 of protected riparian buffers; 03 -04 -
river and subbasin, 27-23-(2) stream index number."
2. Certification of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, anc
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699
1650.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 2B .0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If
you have any questions, please telephone John Domey at 919-733-9646 or Bob Zarzecli at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591

w' Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Porto Fino Subdivision
Dear Mr. Cady:
May 25, 2004
DWQ # 04-0746
Wake County
On May 7, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your
plan to fill wetlands or waters for the purpose of constructing driveways for Lots 88-91 in Wake County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100
feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
I . Does this impact include the impact of the fill slopes?
2. Why can't the access driveway be moved outside of Zone 2?
3. Stormwater Management (i.e. diffuse flow) will need to be done for all of Zone 1 and Zone 2 rather
than (as proposed) between the Zones. Please provide details of the stormwater management.
4. Will the Ecosystem Enhancement Program accept the mitigation? Please provide written assurance
for this purpose.
Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3� weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
Ah'�
. Dorney
later Quality C t' 'cation Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Frederic Rash, Rice & Associates, 978 Trinity Road, Raleigh, NC 27607 TAT
N b�E� R
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htt1)://h2o enr.state nc.us/newetlands)
Customer Service #: 1-877-623-6748

117 1
i
I&A
RICE &
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision — Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project It: 02-073
Dear 401 /Wetlands Unit:
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above -referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1/3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: gen mail@ riceassociates. net

DWQ 401 Certification Request
Porto Fino Subdivision — Private Access Drive
May 7, 2004
Page 2 of 2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1. Attachment "A"
2. Attachment "B"
3. A set of 1 1 "xl 7" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
X0@/1
Frederic D. Rash, P.E.
cc: Daryl Cady — Trevi Fountain Associates, LLC

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or N;A .)
Processing
1. Check all of the approval(s) requested for this project:
❑ Section 404 Permit ® Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Pen -nit Number(s) Requested: N/.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑ N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
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: ❑ N/A
II. Applicant Information
Owner/Applicant Information
Name: Trevi Fountain Associates, LLC
Mailing Address: 123 South White Street
Wake Forest, NC 27587
Attn: Daryl Cady
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcodyPnc.rr.com
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: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: [e-mail]
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 I1 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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith Creek
S. River Basin: Neuse
(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/naaps/.)
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 existing conditions consist of vacant land with two
Page 6 of 13

tributaries, and small areas of wetlands surrounding the tributaries. The
surroundina use is CSX Railroad. and mostiv Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings — Reference DWQ Project #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13

parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
aradina and no impacts are proposed to Zone 1.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact*
Area of
Impact
(acres)
Located within
100 -year Floodplain**
(yes/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
Sewer
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
Sewer
bay, ocean, etc.)
N/A
Sewer
* List each impact separately and identify temporary impacts. 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.
** 100 -Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA -approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.izov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact*
Length of
Impact
(linear feet)
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
(please specify)
N/A
Impact
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip -rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linea:- distance in feet) to all streams on site: !,!/-
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Area of
Name of Waterbody
Type of Waterbody
Site Number
Type of Impact*
Impact
(if applicable)
(lake, pond, estuary, sound,
(indicate on ma)
(acres)
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain Avoidance of fill should help to minimize the impacts during
construction Also avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as.
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnini�ide.htin1.
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.
Stream and Wetland mitigation are not required for this project. Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.eiir.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following hifol-11iatioll:
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): n/a
Amount of Non -riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ❑ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (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,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ❑ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
Impact
(square feet)
Multiplier
Required
Mitigation
2
949
1.5
1423.5 sf
Total
949
1423.5sf
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 13

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed Swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP WWTF Permit No.: NC003O759 but
this applies to the previous PCN for the sewer crossings approved under DWQ
Proiect#: 04-0591.
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
Page 12 of 13

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
6, 2004
�,Aolicant/AgeA Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mobel H. Holton - Deed Book 5670, Page 99
The perimeter of sold parcels being more fully described as fo!lows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 17' 55' 10" West, 286.47 feet to a point, -
Thence North 15° 37'
19" West, 97.39 feet to a point, -
Thence North 080 44'
46" West, 96.08 feet to a point;
Thence North 010 02'
51 " West, 95.45 feet to a point;
Thence North 08° 07'
55" East, 95.28 feet to a point;
Thence North 16" 51'
48" East, 95.78 feet to a point;
Thence North 240 15'
10" East, 96.64 feet to a point,-
oint;Thence
ThenceNorth 29" 21'
38" East, 98.36 feet to a point;
Thence North 30° 36'
12" East, 1036.94 feet to a point;
Thence North 300 45'
28" East, 508.77 feet to a point;
Thence North 630 33'
42" East, 293.61 feet to a point,-
oint;Thence
ThenceSouth 660 00'
12" East, 258.05 feet to a point;
Thence South 090 29'
31" East, 564.23 feet to a point;
Thence South 09' 26'
02" East, 748.30 feet to a point;
Thence South 47° 54'
14" West, 33.79 feet to a point;
Thence South 50" 58'
58" West, 99.08 feet to a point, -
Thence South 530 51'
17" West, 97.18 feet to a point;
Thence South 55" 55'
13" West, 99.38 feet to a point;
Thence South 57° 15' 21" West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning, -
Said parcels contain a total of 2,1 15,71 1.31 sq. ft. (48.57 acres)
GAProjecrs\Cady\LigonM 11_02-073\_WORD\1ego1.doc

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Location:
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Date:
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KILL &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District — Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
/ ` ` C-42---_
Cameron M. Rice, P.E.
DATE
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
f— / 3 — o --�-
918 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fox 919.854.0812 • Email: [e-mail]

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SCF WA TF9O Michael F. Easley, Govern
William G. Ross It., Secreta
G North Carolina Department of Environment and Natural Resourc
c r Alan W. Klimek, P.E., Direct
— l Division of Water QuaL
Q T Coleen H. sullins, Deputy Direct
Division of Water Quali
Apri126, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Funo Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested Wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. Also this approval win expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer M_ +6-at:on (EEP)
You.are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological 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. h
accordance with ISA NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. W.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
N. C Division of water Quality, 401 Wetlands Certification unit,
t,
1650Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
7'477 r, -,;v— rth A v-. td:,.s. ,.,r, "ocnn „cam...._...:.._.

Page 2
Mr. Cady
Apri126, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate fox
3.594 ftp of required riparian buffer mitigation for impacts to 1,198 W of protected riparian buffers; 03 -04 -
river and subbasin, 27-23-(2) stream index number_"
2. Certification of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, an(
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699
1650.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 2B .0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecla at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
UsiT�:y7
Attachments_ Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591

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978 Trinity Road
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Raleigh, North Carolina 27607
KILL &
Voice: 919.854.0811
ASSOCIATES
Fox 919.854.OB12
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SHEET NO. 1E.0.0 MAY b, 2004

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