20090476 Ver 1_401 Application_20090409

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4 • TEX INC.
"The Natural Selection"
1 2 2 5 G a t e h o u s e D r i v e, C a r y,
April 22, 2009
U.S. ARMY CORPS OF ENGINEERS
Mr. Jamie Shern
3331 Heritage Trade Drive, Suite 105 P A I
Wake Forest, NC 27587
RE: JOINT PERMIT APPLICATION
Wake County, North Carolina
Ecotek Project No. 09-08
Dear Mr. Shern:
09-0476
N C 2 7 5 1 1 U S A
DL9C?L9BwI?
APR 2 4 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On behalf Apex Independent Living, LLC, we hereby submit the following documentation
required by the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water
Act for activities associated with the disturbance of 0.30-acre of jurisdictional wetland and 0.09-
acre of riparian buffer. In addition, we have enclosed a full-sized preliminary stormwater
management plan for review by the worth Carolina Department of Environment and Natural
Resources - Division of Water Quality (DWQ) as required. The contents of the application
outlined below serve as the predischarge notification and contain the documentation supporting
the terms and conditions of the Nationwide Permit program.
PROJECT LOCATION
The site is located just northwest of the intersection at Apex Peakway and South Hughes Street,
in Apex, Wake County, North Carolina. Geographically, the site can be found at 35° 43' 05.68"
N and 78' 50' 43.81" W of the 3`d Principal Meridian.
PROJECT DESCRIPTION
•
The proposed project consists of eight apartment buildings containing 284 units, the required
stormwater management facilities and utility infrastructure, a circular roadway with adjacent
parking and side walks, retaining walls where necessary, and two access locations.
Existing land cover may be described as upland fallow farm field, low quality scrub-shrub and
secondary growth mesic woodland, low quality non-riparian wetland, low quality linear wetland
and degraded stream. General land use in the vicinity includes a healthcare facility to the west, a
commercial development to the north, an agricultural area to the east, a commercial development
to the southeast and an agricultural area to the south.
[e-mail] ( 9 1 9) 3 8 8- 1 6 2 4
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Property boundaries are shown by t1gures 1 and 2 in the enclosed report by Soil &
Environmental Consultants (S&EC), and were used to help determine the presence of
jurisdictional waters onsite.
JOINT PERMIT APPLICATION
Tab 1 - A signed written statement ttom the applicant authorizing Eeotek Inc. as agent, dated
April 15, 2005; a completed Preconstruction Notification Form Version 1.3, dated Dec 10 2008;
and a request to the North Carolina Ecosystem Enhancement Program (NCEEP) for non-riparian
wetland mitigation dated April 21, 2009 as required.
Tab 2 - A Wetland & Stream Delineation Report including figures, routine wetland
determination and stream identification forms, prepared by S&EC, dated April 19, 2006; and a
wetland boundary survey by Smith & Smith Surveyors, dated May 22, 2006 as required.
Tab 3 - A verification letter to Kite Realty Group written by S&EC, dated June 5, 2006
summarizing a site meeting with the USACE; and a determination letter to S&EC written by the
DWQ, dated July 27, 2006 as required.
Tab 4 - A U.S. Fish & Wildlife Service (USFWS) and a North Carolina Department of Cultural
• Resources - State Historic Preservation Office (SHPO) submittal including location maps and
preliminary site plans, each dated April 14, 2009 as required.
Tab 5 - A preliminary site plan showing areas of non-riparian wetland and riparian buffer impact
in 11" X 17" format; and a preliminary stormwater management plan showing impervious
surface areas, stormwater storage/treatment areas, and diffuse flow locations in 24" X 36"
format, prepared by Miller Player & Associates, as required.
PROJECT SUMMARY
In summary, three utility crossings were considered for avoiding and minimizing impact to
riparian buffers during the preliminary planning phase. Alignment one would avoid the wetland
by proceeding south from an existing utility easement. Alignment two would tie-into an existing
utility easement and pass through a portion of a wetland on an adjacent property to the
northeast. Alignment three would avoid the wetland onsite and the wetland off-site by
proceeding west from an 4xisting utility easement located at Apex Peakway and adjacent to the
most northeastern property boundary.
It was determined that alignment 3 would be the preferred alignment in order to utilize an
existing utility easement and minimize disturbance to wetland and riparian buffer onsite. It
should be noted that only 51% of all buffer impacts proposed will occur within Zone 1, and that
all remaining buffer impacts in Zone 2 are "exempt" according to the North Carolina
Administrative Code, effective April 1, 2003.
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ecotekinc cr bells outh.net ( 9 1 9) 3 8 8- 1 6 2 4
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limalty, the applicant proposes to mitigate tor the u-su-acre non-npanan wetland unpact at a 1:1
ratio by_ purchasing 0.30-acre of credit from the NCEEP; and to mitigate for the 196 square feet
of npartan butter impact at a 3:1 ratio by purchasing 588 credits tram the korrest Creek Wetland
Mitigation Bank.
We trust this documentation addresses year concerns regarding the proposed activities ott this
project, and look forward to authorization at your earliest convenience.
Sincerely
Mark Vosberg
President, Wetland Scientist
Encl.
Cc: Ms. Cyndi Karoli / NCDENR - Division of Water Quality
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0 ecotekinc@b ell south. net [phone]
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1 2 2 5 G .a t e h o u s e
April 15, 2009
U.S. Army Corps of Engineers
Mr. Jamie Shern
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Dear Mr. Shern,
Please consider this correspondence an official notice authorizing Ecotek, Inc. with offices at
1225 Gatehouse Drive in Cary, North Carolina as our agent for the purpose of acquiring permits
at the project site described below as required by Section 401 and 404 of the Clean Water Act:
• Owner Name: Apex Independent Living, LLC
Address: 6736 Falls of the Neuse Rd., Suite 220, Raleigh, NC 27615
Phone: [phone]
• Project Site: Cambridge Village Independent Living Elderly Apartments
Location: South Hughes & Apex Peakway, Apex, NC
Sincerely,
D.e NNE $ /1 e CYlm rt d C O O
Ow
71 ner Name •a ?
-
Owner Signature
Cc: Alison Brandt, BLA / Miller Player & Associates
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[e-mail] ( 9 1 9) 3 8 8- 1 6 2 4

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: GC 3631
1c. Has the NWP or GP number been verified by the Corps? ? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification-
F1 Yes JNo For the record only for Corps Permit:

? Yes MNo
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ? No
Acceptance letter from the NCEEP will
be forthcoming.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No
2. Project Information
2a. Name of project: Cambridge Village Independent Living Elderly Apartments
2b. County: Wake
2c. Nearest municipality / town: Apex
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Apex Independent Living, LLC
3b. Deed Book and Page No. 12475 & 720; 12475 & 728
3c. Responsible Party (for LLC if
applicable): Kendall Oliver
3d. Street address: 6736 Falls of Neuse Rd., Suite 220
3e. City, state, zip: Raleigh, NC, 27615
3f. Telephone no.: 919-792-3750
3g. Fax no.: 919-846-1997
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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4. Applicant Information (if different from owner)
4a. Applicant is: Owner ? Agent Other, specify: See Owner Information Above
4b. Name:
c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Mark Vosberg
5b. Business name
(if applicable): ECOTEK, INC.
5c. Street address: 1225 Gatehouse Drive
5d. City, state, zip: Cary, NC 27511
5e. Telephone no.: 919-388-3858
5f. Fax no.: 919-388-4280
5g. Email address: [e-mail]
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Page 2 of 11
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B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0741-11-56-7372
1 b. Site coordinates (in decimal degrees): Latitude: 78.8455°W Longitude: 35.7182°N
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 14.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Middle Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: Neuse
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: upland fallow farm field, low quality scrub-shrub and secondary growth mesic woodland, low quality non-
riparian wetland, linear wetland and degraded stream; general land use in the vicinity includes: healthcare facility to west;
commercial development to north; fallow farm field and pond to east; commercial to southeast; fallow farm field and pond
to south.
3b. List the total estimated acreage of all existing wetlands on the property:
0.30
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
132.6
3d. Explain the purpose of the proposed project:
Independent living, elderly apartment development
3e. Describe the overall project in detail, including the type of equipment to be used:
Graders, bulldozers and track hoes will be used to recontour most of the site to construct roadways, parking areas and
building pads; graders, track hoes and dump trucks will be used to construct a wet detention area in the central portion of
the site; retaining walls will be built adjacent to the roadway and parking areas in the northern portion of the site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
d Yes El No El Unknown
project (including all prior phases) in the past?
Comments: See enclosed determinations.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary56
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S& EC
Name (if known): Nikki Thomson Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6/5/06 and 7/19/06, respectively
5. Project History
5a. Have permits or certifications been requested or obtained for
I Yes ? No ? Unknown
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this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
See Pond C Draining Plan, dated 1/2/07 by Kimley-Horn & Associates, Inc.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
[6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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C. Proposed Impacts Inventory
1. Impacts Summary
a. W ich sections were completed below for your project (check all th t apply):
Wetlands ? Streams - tributaries Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) WQ - non-404, other) (acres)
Tem ora T
W1 P ? T Fill Non-Riparian Yes
? No Corps
? DWQ 0.30
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? PEI T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.30
2h. Comments: Low quality non-riparian and linear wetland areas dominated by secondary growth Sweetgum (L. styraciflua)
and Red maple (A. rubrum).
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
i
i (Corps - 404, 10 stream length

Temporary (T) nterm
ttent
(INT)? DWQ - non-404,
other) width
(feet) (linear
feet)
S1 ? P ? T [:1 PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T 0 PER F-1 Corps
?
NT ?DWQ
3h. Total stream and tributary impacts
3i. Comments:
i
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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4. Open Water Impacts
if there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
he U.S. then individual) list all open water impacts below.
a.
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 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
k. Method of construction:
r

Page 5 of 11
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Formatted

6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T imp act re wired?

B1 P ? T Roadway
-Parking
UT to Middle Creek ? Yes
? No
196
2314
Area

B2 ? P T Bio-
retention
UT to Middle Creek ? Yes

? No
N/A
1045
Area
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 196 3359
6i. Comments: Zone 1 impacts will be mitigated at a 3:1 ratio; Zone 2 parallel impacts are exempt.
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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.
Due to a Town of Apex requirement for emergency vehicle access through the northern portion of the site and a NC
DENR - Division of Water Quality stormwater storage requirement for greater than 24% proposed impervious surface,
avoidance and minimization was not an option for this development.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The Contractor will follow standards and recommendations in accordance with the most recent NC Sedimentation Control
Commission Erosion and Sediment Control Planning and Design Manual; and all construction will comply with the
requirements set forth in the NC EPA's new construction site activities National Pollutant Discharge Elimination System,
Phase II stormwater permit.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? Yes ? No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps

2c. If yes, which mitigation option will be used for this
project? Mitigation bank

Payment to in lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Forrest Creek Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Buffer (P) Quantity 588
3c. Comments: non-riparian wetland credit not available in the Neuse 01
4. Complete if Making a Payment to In-lieu Fee Program
'Im Pa. Approval letter from in-lieu fee program is attached. ? Yes Approval letter will be forthcoming from the NCEEP.
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: 0.30 acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: Acceptance letter from NC EEP will be forthcoming
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 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
,
6a. Will the project result in an impact within a protected riparian buffer that requires Yes ? No
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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 Roadway 196 3 (2 for Catawba) 588
Zone 2 Roadway & Bio-Retention 3659 N/A N/A
6f. Total buffer mitigation required: 588
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). Payment to a private
mitigation bank.
6h. Comments: a reservation letter from Earth Mark Mitigation Services will be forthcoming.
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Page 8 of 11
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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
within one of the NC Riparian Buffer Protection Rules? Yes ? No
1b. If yes, then is a diffuse flow plan included? If no, explain why.

Comments: Yes No

?
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 38%
2b. Does this project require a Stormwater Management Plan? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The wet detention area will be built to contain a four to six wide littoral shelf for sediment binding and nutrient uptake;
diffuse flow from the wet detention area will be provided through a level spreader that will be located about 30' from Zone
2 of the buffer; the bio-retention area will be built to infiltrate stormwater prior to discharge over a velocity dissipater pad
that will be located about 20' from the linear wetland.

2e. Who will be responsible for the review of the Stormwater Management Plan? 06 Certified Local Government
? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Apex, NC
Phase 11
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): USM
7
P
j W
ate
Supply Watershed
? Other:

attached? Approval from the Town of Apex will be forthcoming.
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No

4 Jc. Has the approved Stormwater Management Plan with proof of approval been ? Yes No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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F. Supplementary Information

la. Does the project involve an expenditure of public (federal/state/local) funds or the ? Y
N

use of public (federal/state) land? es
o
1b. 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)?
1c. 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 (DWa Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
d
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes
No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
? Y
N
additional development, which could impact nearby downstream water quality? es
o
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.
Sewage Disposal (DWO 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.
Effluent from the proposed project will be treated at the Town of Apex municipal wastewater treatment facility.
4 1. Environmental Documentation (DWQ Requirement)
r
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
h
bi
? ? Yes
? N

a
tat o
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes ? No
5c. If yes, indicate the USFWS Field Office you have contacted Raleigh
. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See enclosed request for information regarding any federal or state-listed species known to exist in the vicinity of the
project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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
status (e.g., National Historic Trust designation or properties significant in
? Yes ? No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See enclosed request for information regarding any historically significant structures, artifacts, travel routes or
encampments known to exist in the vicinity of the project.
.ML 18, Flood Zone Designation (Corps Requirement)
occur in a FEMA-designated 100-year floodplain? ? Yes No
ow project meets FEMA requirements:
did you use to make the floodplain determination? www.ncfloodmaos com; Panel 0741
7 !!F
t's Printed N li
t/A
' ?
ame can
pp
gent
s Signature Dat
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
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Statement of Compliance with Session Law 2008-152 An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
0 (link to SL 2008-152)
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Prior to accessing the Ecosystem Enhancement Program (EEP) In-Lieu Fee
Mitigation Program, all applicants requesting wetlands and/or stream mitigation
are now required by law to comply with Session Law 2008-152 An Act to
Promote Compensatory Mitigation by Private Mitigation Banks. All new
requests submitted on or after Oct. 1, 2008 MUST include this form signed and
dated by the permit applicant or an authorized agent. Applicants with unexpired
acceptance letters may continue with their plans to use the In-Lieu Fee Program
or withdraw their request and seek other available mitigation options.
Compliance Statement:
I have read and understand SL-2008-152 and have, to the best of my knowledge,
complied with its requirements.
Please check all that apply:
There are no known private mitigation banks with the requested credit type
located in the hydrologic unit where this impact will take place (link to DWQ
list).
I have contacted the mitigation bank(s) in the hydrologic unit where the impacts
will occur and credits are not available.
The application was submitted to the regulatory agencies prior to October 1,
2008.
Note: It is the applicant's responsibility to document any inquiries made to private
mitigation banks.
Si cf-90-plicant or Agent
PrP ted Name
I
Date
( d"tt, k- &46U ?- au Ci 4aa,:t! " wi? Ant •-? /YLi
Project Name Location
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 12/16/2008
Print this form, fill in requested info rmation, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valerie. Mitchenerra?ncrnail net. Attachments are acceptable for clarification
•
purposes (location map is required). Review meetings are held on Monday afternoons and decisions are provided within 2 weeks.
................. ....... _.........................._........................ ..........__...........................__._....

CONTACT INFORMATION
........ _ .... ................ ...__._._......._...._...._...........__.._........._.... _.............._..........__........_._............_....__.....,................................................ ................................................._.............. ....... ........
.................._..........................
APPLICANT'S AGENT (optional) APPLICANT
........ ....
1. Business or Individual Name ECOTEK, INC. Apex Independent Living, LLC
2. Street Address or P O Box i 1225 Gatehouse Dive 6736 Falls of Neuse Rd., Suite 220

i 3. City, State, Zip ------..._._...._._..__......... _._........ __._....... __....... ._.__...... ......... _..._.._.._ ..._........................ -_...... --............ - -.... ........ ..... ......................
,dry, NG 275 r r Rdieigh, NO, 276 i 5
---............_....--- - -.......- ---- ------

4. Contact Person -........__ .r. -- --- - -........_.. -..._..-- - ---......__..........._.._..._....._._.._... ....... ---.._..._._..------...._..--.--._...._........... _...... _......_.__._.._ ................... _....................
.......
Mark Vosberg Kendall nlivPr
_.._..._...__._.........__._._------- ---_..__........-- ----- -- -
5. Telephone Number
j
919-388-3858 919-792-3750
...- -..._..__._........._........-- - ......
i 6. Fax Number .-- --- i - --.... -.....--..--............. -..... ..... _.._......_.._....... _..._ .............. _... t ._....... --- ... --.._._............ _..... ..__..._....... -........... ...... _............................
919-388-4280
j 7. E-Mail Address (optional) [e-mail] [e-mail]

PROJECT INFORMATION ......._..--.----.......-.--- ._._..._...._..._..._.......... __._._..... _........ _._................. --- ....................... _.._...... _._..._....... .......... .._..-_.-..---......... ....... _........._...........,

8. Project Name ._._._.._.__..............
..............._...._.........._
Cambridge Village Independent Living Elderly Apartments
•
9. Project Location (nearest town, city)
.*ATTACH MAP SHOWING IMPACT LOCATION-
iu. gat-Long c:ooramates (optional)
11. Project County
12. River Basin
i. t atailogmg unit (u-aigit) (See Note 1)
14. Kipanan wetland Impact (ac.) (e.g., 0.13) N/A
... ............... _._.... _..........._._........................... __.._.__.._......._..._............................ _..._......... _.._.._...........
....... -........._........s.......... 15. Non-Riparian Wetland Impact (ac.) ' 0.30
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234)
(See Note 2)
South Hughes & Apex Peakway, Apex, NC
N/A
Warm Coc
........... _.._.._....... _.
........._..._..._.._._.__..._.._..;.... N/A
N/A
Cold
. . . . . . . . . . . . . . . . . . . . . . . .
N/A
.............__........
r._
. Buffer Impact (sq. ft.) (e.g. 12,34_5)_--__
Zone 1: Mitigated Privately Zone 2: Exempt
(See Note 3) y .....__...........-----...._....._...__._..........._......__._.....---..._....._....._.._.._._.......__...._._ ................. __....._......._............_. ;.....
19. Regulatory Agency Staff Contacts
(Indicate names, if known) USACE: Jamie Sherri
DWQ: Eric Kulz
..... ........ ....................................................... .............. ....---.........
.._.._......... _._...... _........ ._............ ........ _....._.... _......
...._._..........__
20. Other Regulatory ID Information -- --
(e.g., USACE Action ID, if known)
IMPORTANT
Check O below if this request is a Signature~ pplican r Agent:
_ revision to a current acceptance, or
re-submission of an expired acceptance
_ extension of unexpired acceptance
Date:
Note 1: For help in determining the Cataloging Unit visit: fill
!!c f -ub , uv; ?rf/locate/index ?frn
_p A t _? 5
Note 2: For guidance on stream temperatures, go to:
http?// vww saw ?_rsace army,mrIM1ETt ANDS'IVlitigtu?r?lDocuments/Stream/F?ppenrhr es/?ppendi_xl pdf
Note 3. Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water
Supply Watershed.
Direct questions to Valerie Mitchener at 919-715-1973 or valr,,rie mitc her o r «;ncan ril net or Kelly Williams at 919-716-1921 or
(_'!ly %iIli_-irn a n(:rrail fret
50'43.81"W
40

41
•
5oi1 & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
WETLAND & STREAM DELINEATION REPORT FOR APEX PROJECT
On April 11, 2006 S&EC personnel completed a detailed wetland delineation and Neuse
River/Town of Apex Buffer evaluation on the Apex Project Site. The + 110-acre site is located
500 feet NW of the intersection of NC 55 and US 1 (Exit 95). Figure 1 and figure 2 show the
location of the site on a USGS topographic quadrangle and Wake County Soil Survey,
respectively.
EXECUTIVE SUMMARY
We have determined that approximately nine wetland areas, two perennial streams, and four
intermittent streams generally account for the jurisdictional waters observed on the site. The
attached wetland sketch map depicts the approximate location of wetlands and streams. Please
refer to the sketch map and the results and recommendations section below for more detailed
information.
SCOPE OF WORK
• The detailed wetland delineation consisted of pedestrian reconnaissance of the property to
examine soils, vegetation, and hydrology across the site to identify areas that meet the criteria for
jurisdictional wetlands as described by the procedures set forth in the Corps of Engineers
Wetlands Delineation Manual (January 1987 - Final Report. Areas on the site with positive
indicators of hydric soils, evidence of wetland hydrology, and presence of hydrophytic
vegetation were flagged with sequentially numbered, pink S&EC logo flagging. Proof of
wetland hydrology would be the existence of hydric soils with oxidized root channels in the
upper 12 inches of the soil profile, water borne deposits, drift lines, scour marks, drainage
patterns, regional indicators of soil saturation, etc. Surface waters such as intermittent and
perennial stream channels, ponds, and lakes, which are also subject to regulation by the US
Army Corps of Engineers (USACE) as waters of the US, were also identified. These surface
waters may also be referred to as jurisdictional waters to indicate that they are within the
jurisdiction of the USACE. It is important to note that wetlands are also classified as waters of
the US and regulated by the USACE.
RESULTS & RECOMMENDATIONS
The results of the wetland delineation and stream evaluations are discussed below.
Wetlands and Jurisdictional Waters:
We have determined that wetlands and other jurisdictional waters (i.e., streams and ponds) exist
on the site. Please refer to the attached "Wetland Sketch Map" for specific flag numbers and
approximate locations.
t nanoue utttce:
236 LePhillip Court, Suite C Greensboro office:
Concord, NC 28025 3817-E Lawndale Drive
Phone: [phone] Greensboro, NC 27455
Fax: [phone] Phone: [phone]
Fax: [phone]
April 19, 2006
S&EC Project #: 9931.W2
• Page 2 of 6
A number of jurisdictional streams were observed during the site evaluation, the approximate
locations of which are illustrated on the attached wetland sketch map. Photos of these areas are
included in Appendix 1. Stream evaluation forms documenting S&EC's assessment of these
streams are included in Appendix 2. Streams identified on-site include:
• Feature A (unnamed tributary (UT) to Little Branch), beginning just below the property
line at flag S-01. From S-01 to S-03, the channel is intermittent. Below S-03, feature A
is perennial until it flows into Pond A and then off property in the southwest corner of the
property. There is a small break that is noted by A-0 1 Stop flag on the map. The channel
appears again at A-02 Start.
• Feature C (UT to Middle Creek), begins at flag C-01 as an intermittent channel. It then
converges with feature G, which follows the northern property line.
• Feature E (UT to Little Branch), begins at flag S-05 where it is an intermittent channel.
A stream form documenting our assessment can be found in Appendix 2 (SF 1). Feature
E then converges with feature F at the property line.
• Feature F (UT to Little Branch) is a jurisdictional intermittent channel beginning at flag
F-01. It converges with feature E before flowing off property to the south.
• There is a spillway coming out of the southwest corner of pond A. It converges down the
hill into feature A. This is not located on either the Wake County soil survey or the
USGS quad. The USACE will likely call this jurisdictional.
Waters on site flow into Little Branch (Cape Fear Basin/Town of Apex Jurisdiction) and Middle
Creek (Neuse Basin/NCDWQ Jurisdiction). These Surface water features have been classified in
• NC-DWQ's "Classification and Water Quality Standards Applicable to Surface Waters and
Wetlands of North Carolina" as C (Little Branch) and C: NSW (Middle Creek).
There are also a number of ponds located on the site. Ponds A, B, C, and E are located on the
USGS or Wake County Soil Survey. S&EC does not believe Pond B exhibits an adequate
hydrologic connection to be considered jurisdictional and regulated by the USACE. S&EC
believes Pond A, Pond C and Pond E would all be considered jurisdictional by the USACE.
Wetland plant communities observed and identified on the site include Riparian Wetlands and
Low Elevation seeps'. Data forms documenting the soils, plant species, and hydrology
characteristics of these areas are included in Appendix 3. Many of the Low Elevation Seeps
occur above (upslope) of the stream origins at a point of surface water seepage from the soil
where water impermeable substrate becomes shallow. Many of these are located within the
drainages above pond E. There is also a large wetland area within the drainage of feature D.
This area was heavily vegetated. For this reason, S&EC personnel were unable to complete the
delineation here. Flagging was stopped at 133A&B. S&EC personnel observed an area
approximately 50 feet north of flags 133A&B that did not exhibit characteristics of a
jurisdictional wetland; therefore, the wetland area we were unable to completely delineate ends
somewhere between this point and flags 133A&B.
• Schafale, Michael P. and Alan S. Weakley. Classification of the Natural Communities of North
Carolina: Third Approximation. 1990.
April 19, 2006
S&EC Project #: 9931.W2
• Page 3 of 6
Three marginal features exist on the property that somewhat exhibits characteristics of
jurisdictional streams and wetlands, but lack important hydrologic characteristics one would
observe in a jurisdictional area. These areas are not believed to be jurisdictional wetlands or
waters, due to weak evidence of hydrology and/or hydric soils. These areas are located behind
the dam of Pond C, above flag 44 CL and above flag F-01 in feature F. Due to the marginal
nature of these areas, confirmation of our assessment should be obtained from the USAGE. No
other wetlands or jurisdictional waters were found within the project boundaries.
All S&EC flags comprising the wetland and jurisdictional waters delineation should be surveyed
and a Wetland Delineation Map generated for use in site planning and USACE approval and
permitting. The entire length of each stream feature was not flagged, but will need to be survey
located for the Wetland Delineation Map. Stream features may be located either along the
centerline (with channel widths noted at each survey point) or at the top-of-bank. The Wetland
Delineation Map should include all of the information listed on the attached "Requirements for
Wetland Delineation Maps." S&EC delineation flag numbers should be shown on the wetland
survey.
Stream Buffers:
Neuse River Buffers:
The surface waters (i.e., intermittent streams, perennial streams and ponds) potentially subject to
the 50-foot Neuse River Buffers include features C, G and Pond C on the sketch map. No other
• surface waters are indicated on either the USGS topographic or Wake County Soil Survey maps.
S&EC believes that feature G is subject to the Neuse River Buffers throughout its extent on the
property. Feature C will likely be subject to the Neuse River Buffer beginning at flag C-01.
Because of the channel located within feature C, Pond C may have a hydrologic connection,
resulting in the pond being subject to the Neuse Buffer Rule, as well. The NC-DWQ must
confirm our determination regarding the subjectivity of feature C and Pond C in order for our
determination to be valid. Therefore, a site meeting with the NC-DWQ will be required.
S&EC will schedule this meeting at your written request.
Town of Apex Buffers:
The surface waters on site (i.e., intermittent streams, perennial stream, and ponds) potentially
subject to the Apex Buffers include features A, B, D, E, and F, Pond A, Pond B and Pond E.
S&EC believes that feature D and Pond B are isolated and will not be subject to the Apex Buffer
rules. S&EC believes features A, B, E, F, and Ponds A and E would all be considered subject by
the Town of Apex. A meeting with a Town of Apex representative will be necessary to
determine the subjectivity of these features; therefore, a site meeting with the Town of Apex will
be required. S&EC will schedule this meeting at our written request. Please refer to the Apex
Watershed Protection Overlays sections below for details.

April 19, 2006
S&EC Project #: 9931.W2
Page 4 of 6
• Regulations
A general list of regulations that apply to jurisdictional wetlands and waters present on the site
are discussed below. Please be aware that other local, state, and federal regulations not included
in this list may also apply. S&EC personnel are available to discuss these regulations as they
apply to your project.
Regulations that apply to jurisdictional wetlands and waters present on the site are discussed
below.
Neuse River Basin Riparian Buffer Rules
The Neuse River Basin riparian buffer rules, which came into effect on 7/22/97, protect up to 50
feet from the edge of existing "surface waters" (intermittent streams, perennial streams, lakes,
ponds and estuaries) located within the Neuse River Basin. The 50-foot buffer basically consists
of two zones. Zone 1 is measured 30 feet landward from the top bank of streams and intended to
contain an undisturbed-forested area. Zone 2 is measured 20 feet from the edge of the first zone
and is intended to contain a vegetated buffer. A couple of notable points of the rules include the
following: the allowance of grading with re-vegetating within Zone 2 (the outer 20 feet) and the
requirement of mitigation for road crossings greater than 150 feet in width and utility lines
running parallel and within the buffers.
Town of Apex Watershed Protection Overlay Districts
• As part of the Town of Apex's Watershed Protection Overlay Districts (Article 6, Section 1
Apex has recently adopted riparian buffer requirements. The Town and its ETJ shall be divided
into two districts for the purpose of watershed protection. These two districts shall be identified
on the Town of Apex's "Watershed Protection Overlay District Map." These requirements
include establishment of a 50-foot riparian buffer on intermittent streams and an average or a
minimum of a 100-foot riparian buffer on perennial streams and rivers depending on whether the
site is located within a Primary or Secondary Watershed Protection District. Ponds and lakes
require a 50-foot minimum riparian buffer unless the feature joins with a perennial stream, in
which case a 100-foot buffer is required. Intermittent and perennial streams, ponds, and lakes
are defined as those shown on the most recent versions of the 7.5-minute USGS topographic
quadrangle of the area or applicable Soil Survey maps. If there is a discrepancy between these
two maps, the classification requiring the most stringent buffer applies. Affected parties may
appeal the classifications depicted on the aforementioned maps to the Town of Apex in the Cape
Fear River Basin and to NCDWQ in the Neuse River Basin if they believe that the maps
inaccurately depict the surface water.
Wetland Permitting:
Wetland impact permits are issued on a per-project basis as determined by the USACE. The
USACE has determined that impacts on parcels sub-divided from larger tracts are sometimes
considered to be cumulative to existing impacts for the large tract. If this is the case, then

April 19, 2006
S&EC Project #: 9931.W2
Page 5 of 6
• thresholds as discussed below may not apply and impacts to wetlands must be considered in light
of existing permits.
Preconstruction notification to the USACE and the NC-DWQ is not required for wetland impacts
that meet the general conditions of Nationwide Permit 39 and that impact less than 1/10 acre per
project. Preconstruction notification and approval by the USACE is required for wetland
impacts that exceed 1/10 of an acre and /or aM stream channel impacts. Preconstruction
notification and approval by the NC-DWQ is required for wetland impacts that exceed 1/10
of an acre if the property is west of I-95 or 1/3 of an acre if the project is east of I-95.
Preconstruction notification and approval by the NC-DWQ is required for any stream
channel impacts within buffered basins (i.e. the Neuse, Tar-Pamlico, Randleman, and
portions of the Catawba Basins) or for cumulative stream impacts that exceed 150 linear
feet in non-buffered basins. If development impacts exceed the thresholds for notification and
proposed impervious area for the project or any part of the project exceeds 30%, then stormwater
treatment to meet the pollutant removal design standard of 85% removal of total suspended
solids (i.e., wet detention basins, stormwater wetlands, bioretention areas, etc.) and 30% of
Nitrogen will likely be required by the NC-DWQ. The maximum permanent impact allowed per
project under the nationwide permits is 1/2 acre of wetland and/or 300 linear feet of USACE
important stream channel. Nationwide Permit 39 limits above-grade fills within 100-year
floodplains specifically prohibiting above-grade fill within the floodway. Additionally,
Nationwide Permit 39 limits stream channelization and relocation to streams with an average
annual flow of less than 1 cfs.
• Per project impacts to vegetated wetlands in excess of 1 acre or impacts to streams that contain
"significant aquatic function" in excess of 150 linear feet will most likely require mitigation by
the NC-DWQ. The USACE may require mitigation for any wetland/jurisdictional waters
impacts. Actual mitigation requirements are typically determined on a case-by-case basis.
Wetland mitigation is a complex process that requires planning and monitoring. S&EC will
discuss mitigation issues with you if we believe your project may require mitigation.
Impacts to channels containing "significant aquatic function" in excess of the notification
thresholds may require mitigation. Channel mitigation is typically intended to replace lost
significant aquatic functions and values. Relocating channels is considered to be an adverse
impact and typically results in mitigation within the new channel. Therefore, this type of
mitigation usually requires that meanders be created within constructed channels. Side-slopes
and beds be vegetated; riprap is discouraged.
A complete NC-DWQ 401 Water Quality Certification application for a Nationwide Permit has a
maximum 60-day processing period. A complete USACE Nationwide Permit application has a
45-day processing period, while Individual Permit applications submitted to the USACE have no
maximum processing periods. The USACE requires that all impacts to wetlands or Waters
of the US, less than 1/10 acre, be reported to the USACE within 30 days of the completion
of construction.
Nationwide Permits can potentially be utilized if the project is designed to impact up to 1/2 acre
of jurisdictional wetlands or waters of the US including a maximum of 300 linear feet of
• important stream channel impact under NWP 39. Cumulative impacts per project over these
April 19, 2006
S&EC Project #: 9931.W2
• Page 6 of 6
nationwide thresholds will require an individual permit. Individual Permits require an analysis to
determine that the proposed impact is the least environmentally damaging practical alternative,
typically require compensatory mitigation, notification to adjacent property owners, a public
notice, and may require a public hearing. All impacts greater than 1/10 acre require written
justification.
CONCLUSION
The Apex Project site evaluated by S&EC during April 2006, contains a number of jurisdictional
wetlands and streams that would require preconstruction authorization for impacts (i.e. road
construction, lot fill, stormwater pond construction, etc.). A survey location of S&EC's wetland
delineation flags should be conducted to integrate these site constraints into planning for
property development. A site meeting has been scheduled with Mr. Monte Matthews of the
USACE to verify our delineation. A site meeting with an official from the Town of Apex as well
as the NCDWQ should be scheduled to determine the application of state and local municipal
buffers to streams and ponds found on the property.
•
9
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
DATA FORM #1
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Apex Project/S&EC Job #9931.W2 Date: 4/11/06
Applicant/Owner: Kite Realty County: Wake
Investigator: Jason Payne and Steven Ball State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Flag 02
If needed, explain on reverse.) 1 11
VEGETATION
r?
I• .
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Arundinaria gigantean Herb FACW 9.
2. Smilax rotundifolia Vine FAC 10.
3. Lonicera japonica Vine FAC- 11.
. Pinus taeda Tree FAC 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 75%
Remarks:
HYDROLOGY
0
Recorded Data (Describe in Remarks):
_ Stream, Lake or Tide Gauge
- Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):

Depth of Surface Water: - (in
) X Oxidized Root Channels in Upper 12 Inches
. X Water-Stained Leaves

Depth to Free Water in Pit: - (in.) _ Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: - (in.) Other (Explain in Remarks)
Remarks:
if I
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
Project/Site: Apex Project/S&EC Job #9931.W2 Plot ID: Flag 02
SOILS
•
Map Unit Name Drainage Class: Well drained
(Series and Phase): Mayodan sandy loam Field Observations
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture
Concretions

inches Horizon (Munsell Moist) ,
,
(Munsell Moist) Abundance/Contrast Structure, etc.
0-12 10YR 5/2
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks:
IL- - - - -J
0
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
DATA FORM #2
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Apex Project/S&EC Job #9931.W2 Date: 4/11/06
Applicant/Owner: Kite Realty County: Wake
Investigator: Jason Payne and Steven Ball State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: 80B tie to 81A

11
If needed, explain on reverse.) I
VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Alnus serrulata Sapling FACW+ 9.
2. Smilax rotundifolia Vine FAC 10.
3. Eulalia viminea Herb FAC+ 11.
. Liriodendron tulipifera Sapling FAC 12.
5. Boehmeria cylindrical Herb FACW+ 13.
6. Arisaema triphy/lum Herb FACW- 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks:
HYDRO
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
X Saturated in Upper 12 Inches
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
1 (in.) Water-Stained Leaves
_ Local Soil Survey Data
5 (in.) FAC-Neutral Test
Other (Explain in Remarks)
0 (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
Project/Site: Apex Project/S&EC Job #9931.W2 Plot ID: 80B tie to 81A
SOILS

Map Unit Name Drainage Class: Well drained
(Series and Phase): Mayodan sandy loam Field Observations
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions

inches Horizon (Munsell Moist) ,
(Munsell Moist) Abundance/Contrast Structure, etc.
0-2 10YR 4/1 Sand clay loam
2-12+ 10YR 4/2 Sand clay
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
IL_
i
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks:
0
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
DATA FORM #3
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Apex Project/S&EC Job #9931.W2 Date: 4/11/06
Applicant/Owner: Kite Realty County: Wake
Investigator: Jason Payne and Steven Ball State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Data Pt at Flag 125A
If needed, explain on reverse.
VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Liquidambar styraciflua Tree FAC+ 9.
2. Rubus sp. Vine O 10.
3. Eulalia viminea Herb FAC+ 11.
Lonicera japonica Vine FAC- 12.
5. Liriodendron tulipifera Tree FAC 13.
6. Vitis sp. Vine O 14.
7. Pinus taeda Tree FAC 15.
8. Smilax rotundifolia Vine FAC 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 63%
Remarks:
HYDROLOGY

Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: - (in.) _
X Water-Stained Leaves

Depth to Free Water in Pit: 8 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: 5 (in.) Other (Explain in Remarks)
Remarks:
-1 1
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
• [phone]
•
Project/Site: Apex Project/S&EC Job #9931.W2 Plot ID: Data Point at Flag 125A
SOILS
Map Unit Name Drainage Class: Well drained
(Series and Phase): Mayodan sandy loam Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions

inches Horizon (Munsell Moist) ,
(Munsell Moist) Abundance/Contrast Structure, etc.
0-2 10YR 4/2 Sand clay loam
2-12+ 10YR 5/2 Sand clay
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
X Sulfldic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks:
1L__ i
0
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
•
Date: f? Project: ,5r?C Latitude:
Evaluator: ,f 4- 1 Site: Longitude:
Total Points:
Stream is at least intermittent County: ?ACe Other
if t 19 or perennial if it 30 Z e.g. Quad Name:

•
A. veomor holo Subtotal =
1'. Continuous bed and bank Absent
0 Weak
1 Moderate
2 Strong
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 2

4. Soil texture or stream substrate sortin
0
1
2 3

5. Active/relic floodplain
0
1
2 3

6. Depositional bars or benches
1 3

7. Braided channel
0 2 3

8. Recent alluvial deposits
0 2
2 3

9' Natural levees
0
2 3
3
10. Headcuts 0 2 3
11. Grade controls 0 0.5 1 1
5
12. Natural valley or drainagewa 0 0.5 1 .
1
5
13. Second or greater order channel on ?kistina .
USGS or NRCS map or other documented CN

evidence. Yes = 3
'Man-made tlitrhac aro rv.f .?Fa,?• ?m a:......__:___ :_
B. Hydrology (Subtotal = ?. ,f )
14. Groundwater flow/discharge
15
Water in channel and > 48 h
i 0 1 2 3
.
rs s
nce rain, gl
Water in channel - dry-or growing season
0
1
2
16
Leaflitt
.
er
17. Sediment on plants or debris
18.Organic debris lines or piles (Wrack lines)
19. H dric soils redoximo hic features) resent? 1.5

No
_ 0.
0.5
= 0 0.5 0
1 1.5
1 1.5
Yes = 1.5
C. Biolam (Riihtntnt = '7 %
20 . Fibrous roots in channel 3

21 . Rooted plants in channel
3 1 0

22. Crayfish 1 0

23. Bivalves 0.5 1 1.5

24. Fish 1 2 3

25. Amphibians
0 1 1.5

26. Macrobent hos (note diversity and abundance)
0 1
E 1 5

27. Filamentous a ae; periph on
0 A 1
2 5

28. Iron oxidizin bacteriatfungus.
0 3

. Wetland plants in streambed
C 0
FA CW=
BL 1
= 1.5 SAV = 2 1.5
0; Other = 0
Items 20 and 21 focus nn the nrace ,,- .f.. 1--A .
- -"' -' -- _ F1--11w vi aquauc or weaana plants.
Notes: (use back side of this form for additional notes.) Sketch:
0
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
n
LJ
•
•
Date: 1 -!I- Project: Ape* 5; ?L Latitude: 3S ,7160
Evaluator:. s.{.,,• P ...k Site: S F ,? &,leW S'01 Longitude: ';1. 001
Total Points: Other
Stream is at least intermittent County L? V
ifz 19 or perennial if2 30 ?S r"Q ^? e.g. Quad Name:
i
A. Geomornhnlnnv /Gnhtntal= //.5 1 F- At.., weahi"- ___ ?
1a. Continuous bed and bank 0 1 x 3
2. Sinuosity 0 X 2 3
3. In-channel structure: riffle-pool sequence 0 2 3
4. Soil texture or stream substrate sorting 0 1 F
I'll 3
5. Active/relic floodplain 0 2 3
6. Depositional bars or benches 0 .Y 2 3
Braided channel rg? - - 2 3
8. Recent alluvial deposits
9a Natural levees 0
1 2
2 3
3
10. Headcuts 0 X 2 3
11. Grade controls 0 1 1.5
12. Natural valley or drainageway
13. Second or greater order channel on exis i
USGS or NRCS map or other documented
evidence.
a RA-- --A A: - 0 0.5

No ,9' X 1.5

Yes = 3
--------- -..-..,.. ..... ..... ..........?o viawaawna ill niarlUai
B. Hydrology (Subtotal = Q U •5 1
14. Groundwater flow/discharge 0 1 2
15. Water in channel and > 48 hrs since rain, car
Water in channel - d or growing season
0
1
3
16. Leaflitter 1.5 0.5 0
17. Sediment on plants or debris 0 D,Cf 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes =
C. Biology (Subtotal = p-5 J )
20". Fibrous roots in channel
21°. Rooted plants in channel 3
3 x 1
1 0
0
22. Crayfish
23. Bivalves

----- ---------- 0 5

1 1

2 1 5

3

is
24. _ -
0.5 1
1.5
25. Amphibians 0 1 1
5
26. Ma_crobenthos (note diversity and abundance) 0.5 1 .
1.5
27. Filamento_us_algae; periphyton
28. Iron oxidizing bacteria/fun
s 0
?
gu
. 0 0.5' 1
5
29°. Wetland plants in streambed I Fac = n Fn Mv = n 7-W-r no,`_"4 C C%A%I _ M .
„_
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Notes: (use back side of this form for additional notes.) Sketch:
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
June 5, 2006
S&EC Project # 9931.W2
is
Kite Realty Group
Attn: Mr. Doug Pedersen
30 S. Meridian Street, Ste. 1100
Indianapolis, IN 46204
Re: U.S. Army Corps of Engineers (USACE) Site Meeting to verify the Wetlands and Waters of
the U.S. for Apex Project; Apex, Wake County, North Carolina
Mr. Pedersen:
On May 30, 2006, Mr. Monte Matthews of the USACE, Steven Ball of S&EC, and I reviewed the areas
on the site potentially subject to USACE jurisdiction. During our meeting, Mr. Mathews made the
following determinations regarding streams and/or wetlands:
• Feature A is an isolated stream above flag A-02; all wetlands, streams, and the pond above A-02
are also isolated.
• A-02 is the start of an important stream with a 2:1 mitigation requirement that continues southerly
off-site.
• Feature B has no jurisdictional steam in the area and Pond B is isolated.
• Feature C is an unimportant stream from C-0 1, continuing downstream; Pond C is jurisdictional.
• Feature D is an isolated wetland (no stream).
• Feature E is an unimportant/jurisdictional stream between flag S-05, down to survey reference
flag #668; from survey reference flag #668, downstream, feature E is an important stream with a
1:1 mitigation requirement.
• Pond E is jurisdictional as well as wetlands delineated below flag 14 (above the pond).
• Wetlands upslope of flag 14 are considered isolated.
• Wetlands delineated north of flag 88 are considered isolated.
• Feature F is an unimportant/jurisdictional stream between flags F-0 1 and flag S-04; from flag S-
04, downstream, feature F is an important stream with a 1:1 mitigation requirement.
• Wetlands upslope of flag F-01, delineated by flags 89 through 99 are considered isolated.
• Feature G is considered an important stream with a 2:1 mitigation requirement.
Mr. Mathews agreed with the remaining details of our delineation. Due to recent changes in regulation
interpretation by the USACE, many of the wetlands, streams, and ponds we delineated and previously
reported as jurisdictional were classified as "isolated." This distinction results in these areas being subject
to the NC Isolated Wetland Rules. Many similarities exist between impacts permissible under the
isolated wetland rules and impacts permissible under Nationwide Permits issued through the USACE.
However, under the state isolated wetland rules, the maximum allowable isolated stream impact is 300'
(cumulative for the project using the standard permitting process); isolated, manmade ponds are exempt
236 Lethally Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
June 5, 2006
S&EC Project #9931.W2
• Page 2 of 2
from the rules and may be drained, then filled or integrated into stormwater management; isolated
wetland impacts require written permission if in excess of 1/10-acre and may not exceed 1/2-acre using
standard permitting procedures. Impacts to isolated waters are not considered cumulative with impacts to
jurisdictional waters; therefore, impacts to isolated waters are considered separate from jurisdictional
waters impacts for the purposes of permitting thresholds and limits. Many other regulations not described
here apply to isolated waters of the State; therefore, please contact S&EC for site plan review once you
have determined the extent of isolated impacts that will result from your proposed development.
Impacts to "important streams" count toward the maximum 300' allowable under a nationwide permit. If
a project exceeds 300' of important stream impacts, an Individual permit would be required. The USACE
has a 45-day maximum review period to evaluate a nationwide permit. However, an Individual permit has
no maximum review period. Streams deemed to have "important aquatic function" may also require
mitigation by the USACE for any impact and will require mitigation by DWQ if impacts exceed 150'.
Typically, the USACE requires mitigation for impacts to important streams in excess of 150' for the
project. Mitigation is often accomplished by payment into the NC Ecosystem Enhancement fund at $219
per foot for streams and $26,000 per acre for wetlands (levied in'/4-acre blocks) at the ratios identified
above. Unimportant streams require impact justification but do not require USACE mitigation.
The next step in this process is to coordinate a site meeting with the Town of Apex to obtain buffer
determinations for surface waters on the site. This meeting has been scheduled for Monday, June 5, 2006.
A summary of this meeting will follow. Following the meeting with the Town of Apex, a site meeting
will be required with the NC-DWQ to determine buffer requirements for the portion of the site located in
the Neuse River Basin as well as verifying our delineation of isolated waters. S&EC will coordinate this
• meeting in the near future. In the interim, please contact S&EC if you have any questions related to
wetland and stream regulations or if you need clarification of the attached map. I can be reached by email
at [e-mail] or by mobile at [phone].
Sincerely,
Jason Payne
Environmental Scientist
Attachments:
1) Revised Wetland Sketch Map
cc: Monte Mathews (USACE)
0
?OF W A TF9p Michael F. Easley, Governor
O G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
p Division of Water Quality
July 27, 2006
R E CEIVE
Mr. Jason Payne JUL 31 2006
Soil & Environmental Consultants, PA
11010 Raven Ridge Road By: Sort S Emivnntental CotmAtants. PA
Raleigh, NC 27614
NBRRO 06-186
County: Wake
BASIN:
Neuse X Tar-Pamlico
(15A NCAC 2B.0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Kite Realty Site - Apex
11
Location/Directions: Site is located at the northwest corner of the intersection of U.S. Highway 1 and N.C.
Highway 55 (Williams Street) in Apex.
Subiect Stream: UT to Middle Creek
Date of Determination: 7/19/06
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil Located on
USGS
C Subject at Flag C01

Pond Not subject Survey
X Topographic
X
G Subject (Not Contested) X X

NOTE: Four additional features shown on maps in Cape Fear River Basin. Feature A has stream above and
below pond. Feature A perennial above pond at Flag COI. Break in channel below pond resulted in feature
above break to be deemed isolated. Other features on site not evaluated.
•
This on-site determination shall expire five (S) years from the dale of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to lire Director in writing clo Cyndi Karoly, DWQ Wetands1401 Unit, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date 1hal you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
N ?f,?t1tCarolina
,/ 4111Ctl11l,/
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enrstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]
7/27/2006
Page 2 of 2
•
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. 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 determination is final and binding unless you ask jor a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Eric W. Kulz
Environmental eci III
CC: DWQ/RRO Files
Central Files
DWQ Wetlands and Stonnwater Branch
Mike Deaton - Town of Apex
•
NthCaroly
• otn`
?latura!!y
North Carolina Division of Water Quality Ralcigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
• Y . TEII ? INC.
"'Fbe Natural Selection"
1 225 Gatehouse Drive Care, N(: 2751 1
U S A
April 14, 2009
U.S. Fish & Wildlife Service
Mr. John Hammond
P.O. t3ox 33116
Raleigh, NC 27636
Dear Mr. Hammond,
Enclosed please find the location map for a proposed independent living elderly apartment site in
Apex, Wake County, NC and a proposed site plan for your review. At your earliest convenience,
• please provide us with information regarding any federal or state-listed species known to exist in
the vicinity of this project.
Sincerely,, ?
Marie Vosberg
President, Wetland Scientist
Encl.
ecotekinc(i bellsouill. liet (91())388-1624
•
1 2 2 5 G a t e h o u s e
April 14, 2009
I
? TEA; INC.
"The Natural Selection"
D r 1 e e, (: a r N,, N C 2 7 5 1 1 U SA
State Historic Preservation Ottice
Ma. Renee Gledhill-Farly. FRC
4617 Mail Service Center
Raieigh, NC 27699
Dear Ms. Gledhill-Early,
Enciosed piease find the iocation map for a proposed independent living elderly apartment site in
• Apex. Wake County. NC and a proposed site plan for your review. At your earliest convenience.
please provide us with information regarding any historically significant structures, artifacts,
tiavcl ruutes or cncwnpments known to exist in Elie vicinity of [lie project.
Sincerely,
Mark V osberg
President, Wetland Scientist
Encl.
0 c'cutckinc(a,lbcllsOutll. let ( 9 1 9) 3 8 8 1 6 2 I
•

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