20070235 Ver 4_401 Application_20180318

z I
Engineers and Soil Scientists
Agri -Waste Technology, Inc.
501 N. Salem Street, Suite 203
Apex, North Carolina 27502
919-859-0669
www.agriwaste.com
Raleigh Regulatory Field Office
United States Army Corps Engineers
6508 Falls of Neuse Road
Suite 120
Raleigh NC 27615
Mailing Address (by US Postal Service)
NC DWR, 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Regulatory Agency,
iM,od 4,CCL_� m-,
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o C�6C �bC� D
MAR Z s 2�,8 D
3/13/2018
Jeff Vaughan, Senior Soil Scientist and Julie Davidson, Environmental Technician of Agri -Waste
Technology Inc. are submitting this PCN on behalf of Kent Wiles. This project was previously
permitted in 2007, renewed in 2011, and resubmitted in 2016. This project has been on going due
to the halt in development from the recession and most recently the environmental changes at the
site. A 404 NWP was suspended because of the increased wetland area that requires mitigation
credits.
All ACOE and DWQ permits are located in Attachment 9 of this package. Mr. Wiles would like
to develop a subdivision and a road crossing is necessary in order to complete his project.
Mr. Wiles has purchased a 60 feet easement in hopes to use it to construct an access road to a
land locked piece of property in Orange County, NC. This access road will lead to a planned
subdivision containing twelve lots. The subdivision cannot be constructed until the access road is
built.
In 2007 and 2011 the proposed access road was determined to impact approximately 0. 12 acres of
a riverine wetland associated with Price Creek. In addition to the 0.12 acres of wetlands
approximately 60 feet of Price Creek would be affected. Today the proposed road crossing adds
approximately 0.25 acres of wetland impacts. The sum of wetland impacts for this project is
approximately 0.37 acres.

Included in this application are applicable maps, wetland delineation datasheets, all mitigation
credit acceptance letters and 2007 payment receipt from the Ecosystem Enhancement Program. If
you have any questions concerning this application please contact Julie Davidson at 919-367-
6315.
Sincerely,
0
Julie Davidson

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
0 Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express Q� Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑ Yes 0 No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
0 Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes 0 No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2.
Project Information
2a.
Name of project:
Damascus Church Road
2b. County:
Orange
2c.
Nearest municipality / town:
Chapel Hill
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Kent Wiles
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Broyhill Wiles Building and Developing, Inc.
3d. Street address:
3808 Dunsinane Dr
3e. City, state, zip:
Durham NC 27707
3f.
Telephone no.:
919-306-9959
3g.
Fax no.:
919-338-1515
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
Julie Davidson
4c.
Business name
(if applicable):
Agir-Waste Technology, Inc.
4d. Street address:
501 N Salem St. #203
4e. City, state, zip:
Apex NC 27502
4f.
Telephone no.:
919-367-6315
4g.
Fax no.:
919-233-1970
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
5b.
Business name
(if applicable):
5c.
Street address:
5d. City, state, zip:
5e.
Telephone no.:
5f.
Fax no.:
5g.
Email address:
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
9777135204 See Attachment 1 for Site and Vicinity map
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.874299 Longitude: 79.095777
1 c.
Property size:
43.83 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
Price Creek (West Branch)
2b. Water Quality Classification of nearest receiving water:
WSII, HQW, NSW, CA
2c.
River basin:
Cape Fear
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:
This area is a small populated urban area with a riverine wetland located downslope.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.47
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 60
3d. Explain the purpose of the proposed project:
To build an access road to a planned neighborhood of 2 acre lots. This neighborhood is land locked without access.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment 2 for response.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Zoos, 2011, 2o1s (DwQ)
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary Q Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Julie Davidson & .Jeff Vaughan
Agency/Consultant Company: Agri -Waste Technology, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
John Thomas (ACOE) came to site on December 28, 2006 and agreed with our (AWT) determination (is a wetland). Wetland Determination
Datasheet and a map showing the wetland area is shown in Attachment 3. 2016 David Bailey added 0.25 ac wetlands to impact area. See Aft. 3
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b.
See
If yes, explain in detail according to "help file" instructions.
Attachment 2 for response.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes Q No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Q Streams —tributaries Q Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Riverine Swamp Forest
Yes
-
0.37
W2 P -
Type In (Other)
Riverine Swamp Forest
Yes
- El
0.37
W3 P -
Land Clearing
Riverine Swamp Forest
Yes Ell-
Ell
0.37
W4 -
Choose one EliChoose
one
0
Yes/No
- El
W5 -
Choose one
Choose one ❑�
Yes/No
-
W6 -
Choose one D
Choose one Fwl
Yes/No
-
2g. Total Wetland Impacts:
0.37
2h. Comments:
Mr. Wiles has made payement to the NC EEP for this impact. Attachment 4 includes acceptance letter and receipt. Attachment 5 contains a drawing
of how culverts are planned to be placed in order to allow aquadic life and water to flow uninhibitetatly.
Acceptance letters from NC DEQ and Restoration Systems have been Included In Attachment 4.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert El
Price Creek
PER Ell-
4
60
S2 P
Stabilization
[El
Price Creek
PER 13-
3
4
60
S3
Choose one
El
-
-
S4 -
0
Choose one
-
S5 -
El
Choose one
-
-
S6 Ell
Choose one Ell
El
- 31
3h. Total stream and tributary impacts
60
3i. Comments:
Attachment 5 contains a drawing of how culverts are planned to be placed in order to allow aquadic life and water to flow uninhibitetatly.
Page 4 of 10
PCN Form — Version 1.4 January 2009
JJas�,�
J

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
0
I
Choose one
Choose
3
03 -
V,
Choose one
3
Choose
0
04 -
31
Choose one
0
Choose
3
4f. Total open water impacts
4g. Comments: NA
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments: NA
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
61 P
Road Crossing
Price Creek
No
3,842
2,564
B2
El
Yes/No
El
B3
Yes/No
B4 -
El
Yes/No
B5 -
Yes/No
B6 -
Yes/No
3
6h. Total Buffer Impacts:
3,842
2,564
6i. Comments: This project is located in a Jordan Buffer area. Attachment 6 has a map illustrating Zones 1 and 2 impacts.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The road crossing is designed to be perpendicular to Price Creek. Also the road is designed to be smaller than typical roads.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Mr. Wiles will use light utility machinery to decrease impact as well as place a sedimentation fence along the border of the wetlands to protect them
from sedimentation loading.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ Q Corps
2c. If yes, which mitigation option will be used for this
project?
Q Mitigation bank
Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Restoration System and NC DEQ (2018) EEP (2007)
3b. Credits Purchased (attach receipt and letter)
Type: Riparian wetland B
Type: Choose one Q
Type: Choose one
Quantity: 0.24 ac (2007)
Quantity:
Quantity:
3c. Comments:
Additional 0.37 Mitigation Credits have been requested by USACE (David Bailey) because the site has changed since 2007.
0174 G ,12- ViUbi = 0. 3 - a C fo%�
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Q Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.25 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
0 Yes QX No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
It is not clear if buffer mitigation is required for this project. This project is located in the Jordan Buffer area however this is a
6h. Comments: proposed road crossing. A discussion with Orange County engineering department said that a PCN should be sufficient in this
situation. Projected buffer impacts are discussed in 6b -g above and Attachment 6.
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
z Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
See Attachment 2 for response.
❑ Yes Q No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
6.7%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
This project does not require a Stormwater Management Plan because it does not meet the disturbance threshold of one or more acre. The road
crossing is be approximately 0. 12 impervious acres. The total impervious area for the subdivision will be 6.7
% which includes the road crossing.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
NA
2e.
Who will be responsible for the review of the Stormwater Management Plan?
NA
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Orange
❑ Phase II
❑ NSW
3b.
Which of the following locally-implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
OHQW
4a.
Which of the following state-implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes Q No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered 'yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes Q No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes Q No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
NA
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes Q No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Orange County has approved every lot for a five bedroom conventional system.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Gary Jordan (Fish and Wildlife Biologist) from the Raleigh office and the USFWS website confirmed. Currently, there are no Endangered Species for
this site at this time. Additionally, I sent him and email informing him of the exact area of the project. Attachment 7 is our email interaction.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The USFWS website. See Attachment 7 for details.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
I used a GIS tool from www.geocommunicator.gov that supplies detailed information on state, federal or tribal lands of the USA. Also, I used the
NCDCR website to search for historical significance in this area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
Q Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Orange County requires that the PCN be reviewed by them and applicable permits be obtained from Mr. Wiles at the time of construction.
8c. What source(s) did you use to make the floodplain determination?
FEMA.gov
Julie Davidson
03-08-2018
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Attachment 1
Vicinity Map
Site Map (Showing Wetland Area)

Agn-Waste Technology, Inc.
501 N. Salem St. #203
Apex NC 27502
P: 919.859.0669
www.agriwaste.com
Vicinity Map'
Kent Wiles
Damascus Church. Rd. Project
Orange Co.. NC
PIN: 9777110563 &9777029266
Legend
O CftyTtown
Project Site
County
Road

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Soil Scientists
Engineers
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qcus Church Rd. Project
e Co., NC
777110563 9777029266 49
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Legend ism&
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County
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Road i
Drawn By: Julie Peele Reviewed By: Jeff Vaughan
Date: 3/8/16
a.

j AWT
I Engineers and Soil Scientists
Agri -Waste Technology, Inc.
501 N. Salem St. #203
Apex NC 27502
P: 919.859.0669
N
Site Map
Kent Wiles
Damascus Church Rd. Project
Orange Co., NC
PIN: 9777110563 & 9777029266
Imprevious Breakdown:
Total acres for the entire
project is 43.83 acres.
Roads, including the access road,
accounts for approximately
75,240 sq.ft.
Each lot is projected to have
4,400 sq.ft. of impervious area.
Therefore, this project is
approximately 6.7 % impervious.
Proposed Wetland Impact Timeline:
2006: The access road will impact
— 0.12 ac. of riverine
swamp forest wetland and
60 ft. of Price Creek.
Payment to the EEP was made.
401/404 permits were granted.
2011: 4011404 permits were updated
for road crossing.
2016: Additional wetlands were
discovered by ACOE. Approximately,
0.37 ac were added to wetland
impacts.
401 Permit was granted. 404 Permit
was not granted.
2018: NC and Restoration Systems
have approved mitigation credits.
Both acceptance Letters in this PCN.

Agri -Waste Technology, Inc.
501 N. Salem St. #203
Apex NC 27502
P: 919.859.0669
www.agriwaste.com
Site Map 1
Kent Wiles
Damascus Church Rd. Project
Orange Co., NC
PIN: 9777110563 & 9777029266
Imprevious Breakdown:
Total acres for the entire
project is 43.83 acres.
Roads, including the access road,
accounts for approximately
75,240 scift
Each lot is projected to have
4,400 sq.ft. of impervious area.
Therefore, this project is
approxmately 6.7 % impervious.
Proposed Wetland Impact Timeline:
2006: The access road will impact
- 0.12 ac. of riverine
swamp forest wetland and
60 ft. of Price Creek.
Payment to the EEP was made.
4011404 permits were granted.'
2011: 401/404 permits were updated
for road crossing.
2016- Additional wetlands were
discovered by ACOE. Approximately,
0.37 ac were added to wettand
impacts.
401 Permit was granted. 404 Per .,
was not granted.
2018: NC and Restoration Systems
have approved mitigation credits.
Both acceptance Letters in this PCN.
Drawn Davidson
Reviewed By: Jeff Vaughan
Date:
Legend
{{ 'ai
Access Road (60' easement) FFk
Price Creek
Lot Layout V
Soil type 10-2017 (Web Soil Survey) �.
Open Space
Fill & Mechhanical Clearing
Confirmed by ACOEt✓t+"`^
2007 Wetland r_
2016 Wetland
a
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Acces Road

Attachment 2
Response

Section B. Question 3e
Describe the overall project in detail, including the type of equipment to be used.
Mr. Wiles is proposing to use an easement to build an access road to a land locked piece of property in Orange
County NC. This easement includes a 0.37ac (initially 0.12 ac in 2007and 2011) wetland area and 60 feet of
Price Creek. The access road will lead to a planned subdivision containing 12 lots. The subdivision will not be
constructed until the access road is built.
The proposed road will use a 60' easement. As a result, approximately 0.37 ac of the wetlands will be used to
construct the road. Culverts will be installed as to not impede the sheet flow of Price Creek. Building the road
will entail the use of a light utility bulldozer for clearing, grading, and a dump truck to bring in fill material. A
sedimentation fence will be placed along the border of the wetland for protection from sedimentation loading.
Attachment 5 contains a Typical Cross Section drawing and a perliminary grading plan map for this project.
The planned subdivision will begin approximately 600 feet upslope from the wetland. Building the subdivision
will entail the use of concrete trucks, boom trucks, light utility bulldozer, and a dumpster. This will be a low
impact development, in that extra precautions will be taken to ensure the smallest footprint possible for these
homes.
Section B. Question 5b
If yes, list the dates of the Corps jurisdictional determination or State determination and attach
documentation
2007 -This project was previously Section 401 and 404 permitted under the NW 39 (USACE Permit) and NW 14
(DWQ Permit).
The USACE Action ID is SAW -2007-939-268 and DWQ Project number is 07-0235 Orange County. The
application date was February 14, 2007 with the permits issued on March 12, 2007
2011- This project was previously Section 401 and 404 permitted under the NW 39 (USACE Permit) and NW
14 (DWQ Permit)
Application date was April 18, 2011 with the permit issued on June 1, 2011.
2016- Application date was March 8, 2016.401 permit was issued May 4, 2016. USACE discovered more
wetlands at the site and would not grant a permit until mitigation credits were paid.
All permits are contained in Attachment 9.
This project was previously authorized to impact 0.12 ac of permanent wetland and 60 linear feet of permanent
stream with payment to the NC EEP for 0.24 acres of Riparian Wetlands. The EEP acceptance letter and
payment letter is inlcuded in Attachment 4.
David Bailey came out to the site in 2016 and expanded the wetland boundary. Therefore, increasing the
impact area by 0.25 acres giving total impacts to 0.37 acres. 2018 Mitigation Acceptance letters are in
Attachment 4

Section E. Question 1b
If yes, then is a diffuse flow plan included? If no, explain why.
Currently this area is completely pervious accounting for a total of 43.83 acres. The proposed access road and
the road leading into the subdivision is approximately 75,240 sq.ft. Each lot will have approximately 4,400 sq.ft.
of impervious area (home and driveway). Therefore, the impervious area for the subdivision and roads total
6.7%.
Stormwater controls proposed for this project are as follows:
1. Gutter curbs will not be used so that runoff will be absorbed by pervious surfaces instead of making a
concentrated stream towards the wetland.
2. Rain gardens will be installed on the side of the access road. The rain garden will collect rain water in
their pockets and the vegetation will absorb runoff from the road. This practice will decrease the amount of
runoff that could impact the wetlands.

WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Damascus Church Rd City/County: Chapel Hill/Orange Sampling Date: 12/28/06
Applicant/Owner: Kent Wiles State: NC Sampling Point: North
Investigator(s): Julie Peele & Jeff Vaughan Section, Township, Range:
Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): Slope (%): 0
Subregion (LRR or MLRA): Lat: 35.874126 Long: -79.096175 Datum: Nad 83A
Soil Map Unit Name: Appling S Luisburg Sandy Loam NWI classification: Not Classified by NWI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation No , Soil No , or Hydrology No significantly disturbed? Are 'Normal Circumstances" present? Yes X No
Are Vegetation Nom, Soil No , or Hydrology No naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
This is a riverine wetland. All three criteria are met. This wetland is probably receiving groundwater
discharge based on its position.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_ Surface Soil Cracks (B6)
_ Surface Water (Al)
_ True Aquatic Plants (B14)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Hydrogen Sulfide Odor (Cl)
_ Drainage Patterns (610)
X Saturation (A3)
_ Oxidized Rhizospheres on Living Roots (C3)
_ Moss Trim Lines (616)
Water Marks (131)
_ Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_X Sediment Deposits (62)
_ Recent Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_X Drift Deposits (63)
_ Thin Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (64)
_ Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
Iron Deposits (65)
_ Geomorphic Position (D2)
Inundation Visible on Aerial Imagery (67)
_ Shallow Aquitard (D3)
_X Water -Stained Leaves (69)
_ Microtopographic Relief (D4)
_ Aquatic Fauna (613)
_ FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 8'
Water Table Present? Yes X No
Depth (inches): 8'
Saturation Present? Yes X No
Depth (inches): 8'
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
John Thomas of the ACOE came out to the site in 2006 and confirmed this wetland.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Absolute Dominant Indicator
Tree Stratum (Plot size: ) ° Cover Soecies? Status
1. Sweet Gum 20 yes FAC+
2. Hornbeam is no FAC
4.
5.
6.
50% of total cover:
Sapling Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
50% of total cover:
Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
50% of total cover:
Sampling Point: North
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 2 (A)
Total Number of Dominant
Species Across All Strata: 2 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 50 (A/B)
35 = Total Cover
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
20% of total cover:
OBL species
x 1 =
FACW species
x 2 =
FAC species 65
x 3 = 195
FACU species
x4=
UPL species
x 5 =
Column Totals: 65
(A) 195 (B)
Prevalence Index = B/A = 3
= Total Cover Hydrophytic Vegetation Indicators:
20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
X 3 - Prevalence Index is 53.0'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
= Total Cover Definitions of Five Vegetation Strata:
20% of total cover:
Tree - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in.
FAC+ (7.6 cm) or larger in diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Herb Stratum (Plot size: )
1. Microstegium 30 Yes
3.
7.
8.
50% of total cover:
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
50% of total cover:
Remarks: (Include photo numbers here or on a separate
= Total Cover
20% of total cover:
Shrub - Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately 3
ft (1 m) in height.
Woody vine - All woody vines, regardless of height.
Hydrophytic
= Total Cover Vegetation
20% of total cover: Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: North
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth
Matrix
Redox Features
_ Dark Surface (S7)
_ 2 cm Muck (A10) (MLRA 147)
(inches)
Color (moist)
% Color (moist) % Type'
Loc
Texture Remarks
4"
Grey Blk
100 10YR 2/1 100 RM
M
Sandy Loam
6"
Grey
100 10YR 2/1 100 RM
M
Sandy Loam
10"
Grey
100 10YR 2/1 100 RM
M
Sandy Loam
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_ Dark Surface (S7)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ Coast Prairie Redox (A16)
_ Black Histic (A3)
_ Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
X Hydrogen Sulfide (A4)
Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Very Shallow Dark Surface (TF12)
Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
_ Other (Explain in Remarks)
X Thick Dark Surface (Al2)
_ Redox Depressions (F8)
_ Sandy Mucky Mineral (S1) (LRR N,
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 147, 148)
MLRA 136)
Sandy Gleyed Matrix (S4)
_ Umbric Surface (F13) (MLRA 136, 122)
3Indicators of hydrophytic vegetation and
_ Sandy Redox (S5)
X Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
_ Stripped Matrix (S6)
_ Red Parent Material (F21) (MLRA 127, 147)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type: None
Depth (inches): NA
Hydric
Soil Present? Yes X No
Soil is more like Chewacla and somewhat poorly drained.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

Attachment 4
EEP Acceptance Letter 2007
Payment Receipt 2007
NC DEQ Acceptance Letter 2018
Restoration Systems Acceptance Letter 2018

Kent Wiles
3018 Butler Glen Drive
Chapel Hill, NC 27516
Y
stem
�r1 la��enicht
PROGRAM
January 23, 2007
Project: Damascus Church Road County: Orange
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permits) an invoice will be
issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work,
The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies
listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followina table.
Cape Fear
03030002
Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.)
Buffer lI
(Sq. Ft.)
Cold
Cool
Warm Riparian Non -Riparian Coastal Marsh
Impacts
0
0
65 0.17 0 0 0
0
Credits
0
0
130 0.34 0 0 1 0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
Wil D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
John Thomas, USACE-Raleigh
Ian McMillan, DWQ-Raleigh
Julie Peele, agent (email)
File ��
jz"tori;1t5... F " ... ProtOur Stag N�
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.nceep.net

'ERELiCEIP'T
September 25, 2007
Kent Wiles
3418 Butler Glen Drive
Chapel Hill, NC 27516
Project:
Damascus Church Road
County:
Orange
DWQ#:
07.0235
CCE#:
2007.939.2618
EEP #:
ILF-2407-5131.
Amount Paid:
$7,337.75
Check Number:
1053
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and. Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Stream Credits
Wetland Credits Huffer I & II
CU
(linear feet)
(acres) (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Ri artan
Coastal Marsh
Cape Fear
0
0
0
0.24
0
0 0
03030002
Please note that a payment made to the 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 also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
X—William
D. Gilmore, PE
Director
tic: Cyndi Karoly, Wetlands/401 Unit P
Andy Williams, USACE-Raleigh; Thelma Hemmingway- Wilmington
Ian McMillan, DWQ-Raleigh
Julie Pecle, agent
File
Prote dt f4 Our Sta,l:8,
Plorth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 276991652 1919-715-0476/www.nceep.net

;a
k,.
1�'t)
ml tion . "Vices
ENY7QUtC_3#k
March 5, 2018
Kent Wiles
3701 Jones Ferry Rd
Chapel Hill, NC 27516
Project: Damascus Church Road
ROY COOPER
MIC:,HAEL S. l F'GAN
Expiration of Acceptance: 9/612018
County: Change
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of relitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
Pa Impact Type Impact Quantity
River Basin Impact Location
.. _ _._� __� _ _
Zone 1 3,824
Cape Fear 03030002 ....... ._.......
Jordan Upper New Hope Zone 2 2,564
Cape Fear 03030002 Riparian Wetland Up to 0.50
Cape Fear 03030002 j Warm Stream 60
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 028 .0295 as applicable. Thank you for your interest in the OMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc, Julie Davidson, agent
Sincerely,
Jam . B Stanfill
Asset Management Supervisor
State of North Caroline I Environtnental Quality J Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T

Statement of Mitigation Credit Availability
Cripple Creek Stream & Wetland Mitigation Bank
March 5, 2018
Ms. Samantha Dailey
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
Re: Availability of Compensatory Wetland Mitigation Credits
Project: Damascus Church Rd.
We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that .154 Riparian
Wetland Mitigation Credits (Credits) from the Cripple Creek Stream & Wetland Mitigation Bank
(Bank) are currently available and all or a portion may be used, once transferred, for compensatory
mitigation relative to the Damascus Church Rd. project, and as proposed by Kent Wiles (Applicant).
The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance.
Should the Applicant purchase the Credits at that time, we will complete and execute the
Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of
receipt of the full purchase price.
We will additionally provide copies of the completed and executed Transfer Form to the Applicant,
the Bank's US Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In
addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the
transaction. Transaction information in the updated Bank Ledger will include relevant Permit and
Applicant information as well as the number and resource type of the debited Credits.
Should your office have any questions, please contact me at 919.334.9123.
Sincerely,
Tiffani Bylow
Restoration Systems, LLC

Attachment 5
Typical Cross Section Map
Preliminary Grading Plan Map
AutoCAD Drawing of Culvert

SITE DATA
SO MI
NC FLOODMAPS LIDAR/FIELD SURVEY
Drainage Area „ I;40 Source ,,
River Basin ,,,,,,,,,, CAPE FEAR Character
...............................
RURAL PIEDMONT
........................................
a.:
Stream Classification (Such as Trout. High Duality Water.
etc.),W?„IIe HOW, NSW, CA„(16;41„2„4;2;(2))
w:
J '
Dataon Existing Structure ....... .......N�.A...............................................................................
U:
Debris Potential: Low ...... Moderate....X.... High ........
Y:
w =
U/S - NO COMPARABLE STRUCTURE':
Data on Structures UP and Down Stream..............................................................................
0�:
w :
I.D. No.
U-
DS - 3@108” CMP CULVERTS (SR 1939 CROSSING)
..............................................................................................................................................
County
Gage Station No........ Wh.................... Period of
Records N/A .................................
w :
on Higt
......... Max. Discharge..........N/A..............c.f.s Date..............Wh...........
Frequency.........N/A........
o_
Recomrt
N-
I-- :
pp.
.........
Historical Flood Information:
o:
Period of
-L:
–:
Recomn
Dote.... N/A... Elev—N/A... Est. Freq.. VL SourceN/A
................ Knowledge„ N/A
Period of
-
Recomm
Date.... N/A... Elev..... Est. Freq.. N.A.. Source .....................
N�.A................ Knowledge N/A
m
LZ
Bench

Attachment 6
Zone I and Zone 2 Impact Map

AWr
Engineers and Soil Scientists
Agri -Waste Technology, Inc.
501 N- Salem St. #203
Apex NC 27502
P: 919.859.0669
www.agriwaste.com
Zone 1 & 2 Impact Map
Kent Wiles
Damascus Church Rd. Project
Orange Co., NC
PIN:9777110563 & 9777029266
N
-This project is affected
by the Jordan Buffer rule.
This map indicates
Zone 1 and 2 impacts of
this project.
Zone 1 impact = 3,842 sq.ft.
Zone 2 impact = 2,564 sq.ft.
Total buffer impact = 6,496 sq-lt.
Legend
Price Creek
Top of Bank
Zonet Buffer 30ft
Zone 2 Buffer 20 -ft
Road Crossing Impact
Grading/Ddcth (20')
aFill & Mech (20'lside)
Confirmed by ACOE
2007 Wetland
2016 Wetland
�. G

Attachment 7
NCFWS Email Correspondence

Subject: Re: Endangered Species/Habitat Inquiry
From: [e-mail]
Date: Wed, 13 Apr 201111:25:20 -0400
To: Julie Peele <[e-mail]>
Julie,
The USFWS would not have any concerns regarding threatened or endangered species at this location. Could you
tell me who the applicant is for the project? Thanks.
Gary Jordan
Fish and Wildlife Biologist
US Fish and Wildlife Service
PO Box 33726
Raleigh, NC 27636-3726
Phone [phone] ext. 32
Fax [phone]
[e-mail]
Julie Peele <jpeel [e-mail]> To [e-mail]
04/13/201110:25 AM
Gary,
cc
Subject Endangered Species/Habitat Inquiry
As previously discussed will you please indicate whether there is an
endangered species/habitat in Orange County NC. Specifically, Price
Creek (West Branch) as it crosses Damascus Church Rd (St. Route Number
1939) in Chapel Hill.
I appreciate your time and efforts in this inquiry.
Best,
Julie Davidson
Julie Peele Davidson
Agri -Waste Technology, Inc.
5400 Etta Burke Ct. Suite 200
Raleigh NC 27606
0: 919.859.0669 x 2304
C: 919.971.2326
F: 919.233.1970
www.agriwaste.com
FIND US ON FACEBOOK

Attachment 8
Authorization Letter

Letter of Authorization
Do hereby authorize representatives From Agrtwasta Technology, Inc and the
Army Corps of Engineers access to property #8 Rufus C. Ferrington Airs, Orange
County Pict # 9777135204.
Sincerely.
Printed Name
07
Signature of Application Date
TOUL P.01
i •d OS6EiS6t]4S sat tM

Attachment 9
401/404 Permits 2007
401/404 Permits 2011
401 Permit 2016

U.S. ARMY CORPS OF ENGINEERS �V,. f
WILMINGTON DISTRICT '
Action ID(s): SAW -2007-939-268 County: Orange
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Kent Wiles
Mailing Address: 3018 Butler Glen Drive
Chapel Hill, NC 27516
Telephone No.: 919-370-7980
Location of property (road name/number, town, etc.): Approximately 1 mile southwest of the Smith Levet Road and
Damascus Church Road intersection in Orange County, North Carolina.
Site Coordinates: 35.87430°N 79.0957M USGS Quad: Farrington
Waterway: West Branch Price Creek River Basin: Cape Fear HUC: 03030002
Description of projects area and activity (see page 2 for a summary of authorized impacts): Discharge of clean fill material
including 3 culverts for the construction of an residential development access road. The project trust be conducted in
accordance with the drawings submitted on 07 February 2007 and the cross section drawing submitted on 09 March
2007. This verification is extended to March 18, 2007.
Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344)
Q Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and
your submitted plans. Any violation ofthe attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified
below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his
discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should
contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or
local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Andrew Williams at telephone [phone], ext 26.
Corps Regulatory Official Jam' X� Date: 12 March 2007 Verification Expiration Date: 18 March 2007
Copy Furnished: Ms. Julie Peele
Agri -Waste Technology, Inc.
5400 Etta Burke Court
Raleigh, NC 27606

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference
33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the CIean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on
Basis of Jurisdictional Determination: The project is located within the West Branch of Price Creek and wetlands contiguous with the West
Branch of Price Creek. The West Branch of Price Creek is a tributary to Price Creek, which flows to University Lake. University Lake flows
to Morgan Creek, a tributary to B. Everett Jordan Lake, which flows to the Haw River. The Haw River is a tributary of the Cape Fear River,
a navigable water of the United States.
Corps Regulatory Official e"�1 Jq Date: 12 March 2007 Determination Expiration Date: 12 March 2012
Summary of Authorized impacts and Required b itikation
Action ID
#
NWP 1 GP
#
Open Water ac Wetland ac U ' rtant Steam Important Stream 00
Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
39
0.12 60
Impact Totals
0 0 0 0.12 0 0 0 60
Total Loss of Waters of the U.S. ac 0.12 Total Loss of Waters of the U.S. 1 60
Required Wetland Mitigation ac in-Lieu/EEP I Required Stream Mitigation
Additional Remarks and/or Special Permit Conditions: As compensatory mitigation, the applicant will provide payment to
the North Carolina Ecosystem Enhancement Program (EEP) for 0.24 acre of Riparian Wetlands. Payment must be
made prior to conducting the authorized work.
Appeals Information (This Information applies only to approved jurisdictional determinations as indicated in B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,
you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal
Process (NAP) fact sheet and request for appeal (RPA) form. If you request to appeal this determination you must submit a completed RFA
from to the South Atlantic Division, Division Office at the following address:
Mr. Michael Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33
;,FR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an
RFA form, if must be received at the above address by / 1*tv ao 97
r� It is not necessary to submit an RFA form to the Division Engineer if you do not object to the determination in this correspondence."

WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Action ID Number:SAW-2007-939-268 County: Orange
Permittee: Mr. Kent Wiles; Chapel hill, North Carolina
Date Permit Issued: 12 March 2407
Project Manager: Andrew William:
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this
certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27613
Please note that your permitted activity is subject to a compliance Inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance
with the terms and condition of the said permit, and required mitigation was completed in accordance with the
permit conditions.
Signature of Permittee Date

A licant: Mr. Kent Wiles File Number: SAW -2007-939-268 Date: 12 March 2007
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTI'4 I 'The`4), Swing icienfiftes your
e
� o ' +4
y(Ef,
��
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�✓V 7 A;e K+k+VJL7 4F�3 \L
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the pen -nit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written, After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized, Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT; You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section iI of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
SECTION II -: RE LiEST FOR APPEAL or 4BJEC'I IONS TO AN INITIAL PROFFERED PERMI .
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record
POINT OF'CON. .rk` j,\FOR`QUESflNS OR INTORMATIC
N. a .. `' ` 7' 71,
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Andrew Williams
Mr. Michael Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-ET-CO-R
US Army Corps of Engineers
U.S. Army Corps of Engineers, South Atlantic Division
6508 Falls of the Neuse Road, Suite 120
60 Forsyth Street, Room 9M15
Raleigh, North Carolina 27615
1 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

Mr. Kent Wiles
3018 Butler Glen Drive
Chapel Hill, NC 27516
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 27, 2007
Damascus Church Road
Price Creek [030606,16-41-2-4, WSII, NSW]
Approval of 401 Water Quality Certification with Additional. Conditions
Dear Mr. Wiles:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0235
Orange County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.12 acres of 404/wetland and 60 linear feet of perennial stream to construct
the proposed residential development, as described within your application dated January 19, 2007, and
received by the N.C. Division of Water Quality (DWQ) on February 7, 2007, with additional information
received from you on February 14, 2007, and March 12, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3627 (GC3627).
The Certification(s) allows you to use Nationwide Permit(s) NW14, respectively, when issued by the US
Army Corps of Engineers (USACE). 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, Non -discharge, and other 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:
Conditions of Certification:
1. Impacts Approved
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:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
ftCaro 'na
raly

Damascus Church Road
Page 2 of 3
March 27, 2007
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. 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 15 NCAC 2H,
Section .0500;
6. Construction Stormwater Permit NCGO 10000
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
1 tttp;/1h2o.enr.state.nc,,Rs/su/F_orms Documents,htm.;
Amount Approved (Units) Plan Location or Reference
404/Wedand
0.12 acres PCN page 8 of 12
Stream - perennial
60 linear feet PCN page 8 of 12
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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;
4. 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 15 NCAC 2H,
Section .0500;
6. Construction Stormwater Permit NCGO 10000
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
1 tttp;/1h2o.enr.state.nc,,Rs/su/F_orms Documents,htm.;

Damascus Church Road
Page 3 of 3
March 27, 2007
Certificate of Completion:
7. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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
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.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Cobb in the DWQ Raleigh Regionalki Office 19-791-4200.
Sincey,
Alan W. Klimek, P.E.
AWK/ijm
Enclosures: GC3627
Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Julie Peele, Agri -Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606
Filename: 070235DamascusChurchRoad(Orange)101

''&ir
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue colleen H. Sullins Dee Freeman
Governor Director Secretary
June 1, 2011
DWQ Project # 07-0235, Ver. 2
Mr. Kent Wiles
Orange County
Broyhill Wiles Building and Development, Inc.
3 701 Jones Ferry Road
Chapel Hill, NC 27516
Subject Property: Damascus Church Road
Price Creek [030606,16-41-2-4, WSIII, HQW, NSW, CA]
Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake
Water Supply Watershed Riparian Buffer Protectlon Rules (15A NCAC 2B .0267) with Additional
Conditions
Dear Mr. Wiles:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.12 acres of 404/wetland, 60 linear feet of perennial stream, and 3,842 square
feet of Zone 1 Jordan Lake protected riparian buffers, and 2,564 square feet of Zone 2 Jordan Lake
protected riparian buffers, to construct the proposed residential development, as described within your
application dated April 18, 2011, and received by the N.C. Division of Water Quality (DWQ) on April 26,
2011. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3820 (GC3820). The Certification(s) allows you to use Nationwide
Permit(s) NW14, 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 2B
.0267. 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, Non -discharge, and other 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:
Conditions of Certification:
1. Impacts Approved
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portai.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Mr. Kent Wiles
Page 2 of 4
June 1, 2011
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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404/Wetland
0.12 acres
PCN
pa e 5 of 13
Stream - perennial
60 linear feet
PCN
page 5 of 13
Buffers Zone 1
3,842 (square ft.
PCN
page 6 of 13
Buffers Zone 2
2,564 (square ft.
PCN
page 6 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 without prior
approval from the Division. If placement -of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program 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 15 NCAC 2H,
Section .0500;

Mr. Kent Wiles
Page 3 of 4
June 1, 2011
6. 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 (NCG010000) 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
htt.-Ilh2o.enr.state.nc.us/su/Forms Documents.htm.;
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected -stream buffers -sash -that it will not re -concentrate before
discharging into a stream as identified within 15A NCAC 2B .0267 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen(and phosphorus
if in the Tar -Pamlico River Basin). This may require additional approval from this Office.
Certificate of Completion:
8. 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 Wetlands, Buffers, Stormwater, Compliance, and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
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.
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
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 wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100

Mr. Kent Wiles
Page 4 of 4
June 1, 2011
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described within
15A NCAC 2B .0267. If you have any questions, please telephone Karen Higgins or Ian McMillan in the
Central Office in Raleigh at 919-807-6301 or Lauren Cobb in the DWQ Raleigh Regional Office at 919-
791-4200.
Sincerely,
0-1 Coleen H. Sullins
CHS/ijm
Enclosures: GC3820
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
DLR Raleigh Regional Office
Julie Peele, Agri -Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606
Filename: 070235 Ver2DamascusChurchRoad(Orange)401 _JBR

Property O%N-tier / Authorized Agent: Broyhill Wiles Buildinp_ anti Developing. Inc.
Address: Attu: Kent Wiles
3701 Jones Ferry Road
Chapel Hill, North Carolina 27516
'I clephone No,: 919-338-2228
,S; ze and location of property (water body, road na me/nU mber, town, etc,): 9.4 acres (approximately); The site is
located ami,roximateiv 1.2 infles southwest of the Damascus Church Road, Smith Level Road intersection, south of
Ca ri-boro, in gran re Counity, North Carolina. The proLeo is identillei/ ors The Daintisells Oturch Road Pqgecl.
Dcscriptioii of projects area and activity: This authorization is for permanent disehait-Le of clean fill material within
00 linear feet of stream channel and 0.12 acre of adjacent wetlands for the installation of 1 single road crossing
a,ssociated with a residential development . The profect must be conducted in accordance with the application and
drinvinLys submitted on April 25., 2011.
I it order to compensate 0.12 acre of wetlands the permittee shall make payment 12 the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined bV the NCEEP, sufficient to perform the restoration
of 0.24 acre of riparlan wetlands in the Ca Fear River Basin, CataljL)Lling Unit 03030002. This compensatory
mitij,,afion requirement has been completed as indicated by a receipt from the NCEEP dated 25 Sentember 2007
for int pacts associated with this pro'ect. As such, NCEEP has provided written confirmation to the Corps that it
_ji,ees to accept responsibility for the mitluation work required, in compliance witlit the NCEEP In -Lieu Fee
I nstrument, approved by the United States Army Corps of EnLjneers. Wilmin2ton District.
%1)J)1iCJb1e La%A': Section 404 (Clean Water Act. 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
A udmrwulion: R",ional General Permit Number-.
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Col)(IiII011S and Your submitted plans. Any violation or the attached conditions or deviation from your submitted plans may subject the
to a stop work order, a restoration order andi"or appropriate legal action.
I'his verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
or revoked prior to March IS, 2012, It is incumbent upon you to ten -win informed of changes to the NWPs. We will issue a
pihhc notice when the NWPs are reissued. Furthermore. if you commence or are under contract to commence this activity before the
kie that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the (late of the modification oi
w% ocation of the NW11 to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification, You
Ihotdd contact the NC Division ul' Water Quality (telephone [phone]) to determine Section 401 requirements.
Fm activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CANIA),
I �: 110 10 beginning work you must contact the N,C, Division of Coastal Management .
Hfis Department of the Army verification (toes not relieve the permittee of the responsibility to obtain any other requiied Fecleial.
or local approvals/pernlits.
I I there are any questions regarding this verification. any of the conditions of the. Permit, or the Coq)s of Engineers regulatory
Mo,,!rarn, please contact Andrew Williams at telephone number 919-554-4884 extension 26.
01J)S RCI!01,1101-y Ot I ficial Date. May 25, 2011
I .\tm-ation Date ot'Veritication: March 18, 2012
Page I ora

t ISast tt on pl"Clrttnnary IIIIVtl3tatl Vll, UICIC Ul)lJCal lV UC tcatCl� Vt LtIC 1JJ ulclutlul�; ovr ua nua Nlu Litt tuc at)u+c Ltt:at.I wcu NI uJcL,L a ca.
Tltt; preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
t Reference 33 t'FR Part 331).
?, I'herc are Navtgable Waters of the United States within the above described project area subject to the permit requirements of
sc•:t3on 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, Unless there is a change In the latroor our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification,
n,
`there are waters of the L35 and' "or wetlands within the above described project area subject to the perrnft requirements of 'ecuon
.404 of the Clean Water Act (C'WA)(33 USC § 1344). finless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the slate of this notification.
'I he jurisdictional areas �t ithin the above described project area have been identified under a previaus action. Please reference
Itlrt,dictronal determination issued Action ID
l�:rl5 01 - Jurisdictional Determination: The stream is a relatively permanent water (11M) identified as West Branch Price
Creek. West Branch Price ('reek is a tributary to University take an RPW and an impoundment of Mor an Creek.
t'niversity Lake discharges to Moran Creek, an 12111W, which is a tributary to Jordan Lake, an impoundment of tile. Naw
ti\ er and other tributaries. Jordan Lake discharges to the flaw River, a traditionally navi able water '1'NW . The flaw
Mver is a tributary to the C'a pe hear River, a navigable water of the United States. The Ordinary Hi ah Water Mark
ipIMNI of West Branch Price Creek was indicated by the following physical characteristics: clear natural line impressed on
the bank, shelvin " and the destruction of terrestrial ve etation. The wetlands meet the I tiro phytie vegetation. wetland
hvth•olo py. and hvdric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and are eonti g ottous with
Wvst Branch Price Creek.
1 his Jurisdictional determination is only for the stream and wetlands twoposed for ina pacts associated with this Nationwide
Permit verification and titles not include anv other waters/wetlands that may be located on the property/proiect site.
vlppeals Information ('rittis information applies only to approved jurisdictional determinations.)
rinachcd to this verification is an approved jurisdictional determination. Ifyou are not in agreement with that approved jurisdictional
ci;'t4'rntlnation, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appcul Process
i XAJI) tact sheet and request for appeal (RIBA) form. If you request to appeal this determination you nattst submit a completed RFA
tt,rut to the Following address:
District Engineer, AVilraiugton Regulatory Division
Atte: Andrew Williams, Project Manager,
Raleigh Re4gulatory Field (.)thee
IJ.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, 'north Carolina 27587
I I: i,rtlrr for in I21=A to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria tier appeal
I I,,k:r 31' (:'1.R put 331.5. and that it has been received by the District Office within GAJ days o('thc date of the NAP. Should doll
k',:. I& to submit an RFA soma, it mast be received at the above address by Julv 25, 2011.
h Is not necessary to submit an RFA form tothe District Office if you do not object to the determination in this correspondence.`"
t ol1)s Regulatory Official: ,��x ,J L4'e%
I �_Ite Nlav 25. 2011 Expiration Bate March 18. 2012
Pa,„e2ol'3

I°��pact /'Dials 0 I 0 0
( Iotal Loss of Waters of the UK (ac) 0.12
Itc.clottc.d Wetland 114iti,ation (ac.) 0.24 ler-Lieu/EEP
Additional Remarks and/or Special Permit Conditions:
Hemarks:
.12 ( (..._._..w 1 60
"Total Lass of Waters of the U.S. (li) � �60
zrired Stream Mitigation 00 10
I n order to compensate 0.12 acre of wetlands the permittee shall make payment to the North Carolina Ecosystem
Vidiancentent Pro; rani (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration
ret' 0.24 acre of riparian wetlands in the Crape Fear River Basin, Cataloging Unit 03030002. This compesatory
mitigation requirement has been completed as indicated by a receipt from the NCEEP dated 25 September 2007
fOr inrp€rets associated with this project. As such, NCEEP fins provided written confirmation to the Corps that it
agrees to accept responsibility for the mitigation ~work required, in compliance with the NCEEP In -Lieu Fee
1 nstrument, approved by the United States Army Corps of Engineers, Wilmington District.
tit'IZVI.Y PLATS, FIELD SKE'refl, WFTLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUSTBE
:A l I AC HE'D TOTHE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
( Oj)y Furnished:
Lan McMillan
North Carolina Department of Environment and Natural Resources
I )n ision of Water Quality 401 Unit.
+7�0 NIaiI Sr:r4lee Center
I.alergh. North Carolina 27699-1650
Julie Pecle
\-n-W istc 'Technology, Inc.
+4O0 Lita Burk Ct., Suite 200
ICalergh, North Carolina 27606
E'a�c 3 t)1'3

\ttucl7cd is: See Section below
INI PIAL PROF FRED PERMIT (Standard Pe it or Letter of"Lrillission)
PROFFERED PERMIT (Standard Permit or Letter of ennission) F3
PERMIT DENIAL _ � _.. C .....
ISDICTIONAL
APPROVED
JI
URISDICTIONAAL DF EMLON
I
PRELIMINARYD
st'.0"FION I - The following identifies your rights and options regarding an administrative appeal of the above
Jlcision. Additional information may be found at
i;u p �v ww.usace.arinv mil/C I,C_WII' /rev materials spx or Corps rel;t.tlations � at 33 CFR Part 331.
( A 1N1T1AL PROFFF RED PERMIT: Yoti ntay accept or object to the pertnit. �
Iryou received a Standard Permit, you may sign the permit document and return it to the district engincer for final
a tit Iioriration. if you received a I.c:tter of Permission (LOP), you may accept the LOP and your work is authorized. Your
st,!rrature on the Statidard Permit or acceptance of the LOP ntcans that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinattons associated with the permit_
(AURA "1': if you object to the permit (Standard or LOP) because of certain twrnts and conditions therein, you tuay -e es that
the permit be modified accordingly, You must complete Section 11 of this form and return the ftoi'nt to the district engineer.
Your objections must be received by the district engineer within GO days of the date of this notice, or you will forfeit your right
it) appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
I modify the permit to address all of your concerns, (b) modify the permit to address song: of your objections. or (c) not modifti<
the permit having determined that the permit should be issued as previously written. After evaluating your object tons. the
district crigineei will send you a ptoffercd permit for your reconsideration as indicated in Section 11 below.
f3:
PROFFERED PERMIT: You may accept or appeal the pertntt
• ACC"EP"T: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
utitlrori titiota. Ityou received a Letter of Permission (LOP), you may accept the. LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety. and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
1 APPEAL,: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
pray appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sei>dim ,, tie Form to the division engineer, This form niust be received by the division engineer within 60 days of the
lore of this notice.
{ PI...RMIT DENIAL: You may appeal the de vial of a permu under the C'aips of Enzinecrs Adtninistr�rtive Attpeal I'roe e.s
:onrplrtiu, Section 11 of this form and sendimg the fornr to the division engineer, This form must be received by the division
=,_inee°r within 60 days of the date of this notice.
1): APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved. JD. Failure to notify the Corps within 00 days of the
cl,ite of this notice. nazans that you accept the approved JD in its entirety. and waive all rights to appeal the approved JD.
4 o APPEAL: If you disagree with the approved JI), you may appeal the approved JD under the Corps of Engineers Addnitnistranvc
:Appeal Process by completing Section it of this forint and sendinjt the form to the division engineer. This form must be received
b� the division engineer within 60 days of the date of this notice.

St-'CTION 11 - REQUEST FOR APPEAL or OBJECTIONS "rO AN INITIAL PROFFERED PERMI
-"
k F ASONS FOR APPEAL OR OBJECTIONS. (Describe your reasons for appealing the decision or your objections to an Wry
III111al proffered Permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
A"! Objections are addressed in the administrative recon!_)
AI)DITIONNAL INFORMATION- The appeal is limited to a review of the administrative record, the Corps memorandum for the
i, t Ord of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
;.-I.iiit'ythe attniiiiisti'ativt-record, Neither the appellant nor the Corps may add new information or analyses to the record. However.
1you may provide additional information to clarify the location of information that is already in the administrative record,
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
it 4,%i have questions regarding this decision andfor tile appeal If you only have clik"tions regardingg the
OCess Voti Illay contact: also contact. appeal �rocess you nlay
Ildl ew'will Intils Jason Steele
P-,"U'LlIalOry PrOICCI Mariw-ei
Administrative Appeals Review Officer
S. Army Corps of Engineers 60 F'orsyth Street, SW (Rooin 9M 10)
I l leritage Trade Drive. Suite 105 Atlanta, GA 30303-8801
".Ae forest. North Carolina 275 562
87 -- -5137
1KI(fli'l OF ENTRY: Your signature below grants the right ofentry to Corps of Engineers ncers personnel, and any government
i —ws'ultants, to conduct Investigations of the project site during the COUISC of the appeal process. You will be provided 15 day
I notice of my site investigation, and will have the opportunity to participate in allsite investig
ations.
I Date: ITCIC1111011C IlUmber:
tuilature of appellant or agent.

i'roject Manaager: Andrew Williams
1 laon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISI"RICT
RALEIGH REGULATORY FIELD OFFICE,
3331 HERITAGE TRADE DRIVE, SUITE, 105
WAKE FOREST, NORTH CAROt.INA 27587
1'le-ase nota: that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. if you tail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
;accordance with the terms and condition of the said permit, and required mitigation was completed in
accorclanee with the permit conditions.
Signature of Permittee
Date

Water Resources
ENVIRONMENTAL QUALITY
May 4, 2016
Broyhill Wiles Building and Developing, Inc.
Attn: Kent Wiles
3808 Dunsinane Dr.
Durham, NC 27707
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
S"MI-Y
S. JAY ZIMMERMAN
Diredor
DWR #07-0235 v3
Orange County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Damascus Church Road
Dear Mr. Wiles:
You have our approval for the impacts listed below for the purpose described in your
application dated March 3, 2016 and received by the Division of Water Resources (Division) on
March 14, 2016 with additional information received on April 29, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3886 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 14 once
it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water
Supply Watershed regulations. This 401 Water Quality Certification for DWR #07-0235 v3
replaces the 401 Water Quality Certification for DWR #07-0235 v2 dated June 1, 2011 and the
401 Water Quality Certification for DWR #07-0235 dated March 27, 2007.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. (15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount Approved
(units) •
(units)
Permanent
Temporary
Wetland
0.12 (acres)
0 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Damascus Church Road
DWR# 07-0235 v3
401 APPROVAL
Page 2 of 4
Road Crossing
Stream
60 (linear feet) 0 (linear feet)
Road Crossing
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. [15A NCAC 02H .0501
and .0502]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H.0507 (c)]
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by
filing,a written petition for an administrative hearing to the Office of Administrative Hearings
thereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable DAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.

Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Damascus Church Road
DWR# 07-0235 v3
401 APPROVAL
Page 3 of 4
if sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
one (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919-791-4251 or cherri.smithCcDncdenr.gov if you have any
questions or concerns.
Incer ly,
�>7nt
Danny S h
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste, 105; Wake Forest, NC 27597

Damascus Church Road
DWR# 07-0235 v3
401 APPROVAL
Page 4 of 4
Julie Davidson; Agri -Waste Technology, Inc.; .501 N. Salem St., Ste. 203; Apex, NC
27502
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit