20060352 Ver 2_401 Application_20070130

• Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com January 30, 2007
S&EC Project # SOOS.WO
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Monte Mathews
6508 Falls of the Neuse Rd
Suite 120
Raleigh, N.C. 27615
From: Nicole J. Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
NC Division Of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Twelve Oaks MODIFICATION (`~~ ~ ~ VE~ ~E~S _ yvr~f~K GlUli~iiY
Holly Springs, Wake County, NC ~~b0~ a,~tp gTCa:?~,1yt~4?ER BRANGH
On behalf of the owners, Wakefield Development Company (Attn: Randy Smith), please find attached a complete
application modification request and supplemental information requesting written concurrence from the U.S. Army
Corps of Engineers (USAGE) and the North Carolina Division of Water Quality (NC-DWQ) that the activities
proposed below may precede utilizing Nationwide Permit 39 and 12. Please contact me at [phone] if you have
any questions or require additional information.
PROJECT SUMMARY
Project Name Twelve Oaks
Project T e Residential Subdivision & Golf Course
Owner / A licant Wakefield Develo ment Com an
Coun Wake
Nearest Town Holl S rin s
Waterbod Name White Oak Creek Bi Branch & Little Branch
Basin /Sub-basin 03-06-07
Index Number 18-7-6, 18-7-6-1, 18-7-6-1-1
Class C
IMPACT SUMMARY
Previously Approved Stream Impact (acres): 0.132
New additional Stream Impact (acres): 0.005
Previously Approved Wetland Impact (acres): 0.125
New additional Wetland Impact (acres): 0.001
Open Water Impact (acres): 0
Previously Approved Total Impact to Waters of the U.S. (acres) 0.257
New Additional Impact to Waters of the U.S. (acres) 0.006
New Total Impacts to Waters of the U.S. (acres) 0.263
Previously Approved Total Stream Impact (linear feet): 1,603
New Total Stream Impact (linear feet): 1,666
Attachments:
Modified Pre-construction Notification (PCN) Application Form
Previously Approved Impact Exhibit for Area #4
Revised Impact Exhibit for Area #4
Progress Energy Carolina's, Inc. Memo
EEP Receipt (July 25, 2006)
$475 Water Certification Fee
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

Office Use Only• Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NiA".)
I. Processing
P~1,Y~~E~~T
Check all of the approval(s) requested for this project: RECEIVED
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 (Modification)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ®~ 1-~
1. Owner/Applicant Information ~qN ~ ~ ZQ07
Name: Wakefield Development Company
l3rrmr-~rr~4Ti:F~ (~6i~1~1
Mailing Address: Attn• Randy Smith ~7t~os ~~~''''~~~ sFSrwcH
3209 Gresham Lake Road Suite 160
Raleig~i NC 27615
Telephone Number: 919-256-3057 Fax Number: 919-556-0690
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nicole J. Thomson
Company Affiliation: Soil & Environmental Consultants. PA
Mailing Address: 11010 Raven Ride Road
Raleig~i NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: NThomson(a~sandec com
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of protect: Twelve Oaks
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0639-67-7384 & 0639843646
4. Location
County: Wake Nearest Town: Ho11~Sprin~s
Subdivision name (include phase/lot number): Twelve Oaks
Directions to site (include road numbers/names, landmarks, etc.): The project site is located
3/4 mile west of the intersection of New Hill Road (SR 1152) and Old Ho11~Springs=Apex
Road (SR 11531, just south of US 1 south The western side of the property is bounded by
White Oak Creek & Big Branch.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6668 °N 78.8803 °W
6. Property size (acres): +/-687 acres
7. Name of nearest receiving body of water: White Oak Creek 18-7-6. C; Big Branch 18-7-6-
1. C & Little Branch 18-7-6-1-1. C
8. River Basin: Cane Fear 03-06-07
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The majority of the site is a mixed hardwood forest The
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It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Previously approved impacts
include 0.125 acres of wetlands, 263 linear feet of perennial stream channel, and 668 linear
feet of intermittent stream channel. Proposed temporary impacts include 353 linear feet of
perennial stream channel and 319 linear feet of intermittent stream channel. This
modification requests an additional 63 linear feet of permanent intermittent stream impact
and 50 square feet (0.001 ac) of permanent wetland impact at Impact Location #4 for the
purposes of providing a better road alignment for the stream crossing as well as providing
Prowess Energy with a safer and more reasonable access to their electric utility line
easement.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number T e of Im act
yp p
forested
marsh,
(e.g. 100-year Nearest Impact

(indicate on map) ,
,
herbaceous
bog, etc.) Floodplain Stream (acres)
, es/no linear feet
4 (NWP 39) Road Crossing Herbaceous No 0' 0.001
Previously Approved Total Wetland Impact (acres) 0.125
New Additional Wetland Impact (acres) 0.001
Total Wetland Impact for Project (acres) 0.126
3. List the total acreage (estimated) of all existing wetlands on the property: +/- 8 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 9

golf course is currently under construction as per the 404!401 permits previously issued.
Portions of the infrastructure are also under construction.
10. Describe the overall project in detail, including the type of equipment to be used:
The previousl~pproved project is a residential subdivision and golf course with permanent
and temporary impacts resulting from the installation of roads, driveways, fairway fill, and
sewer lines that are recJuired for such a project. The purpose of the modified stream crossing
is to allow ProQxess Energy Carolinas, Inc. (PEC) a safer and more reasonable access to the
utility line maintenance corridor per the PEC Transmission Line Ri t-of--Way Use
Guidelines (see attached documentation from PEC, . Heavesequipment typically used for
earth work and construction will be employed for this project.
11. Explain the purpose of the proposed work: The modified stream crossing is for the road
access to the subdivision as well as utility easement access for Progress Energy Carolinas,
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
In December 1999 and January 2000, S&EC conducted a detailed wetland delineation on the ~
687 acre site. On June 14, 2005, Ms. Andrea Wade of the USACE conducted a site visit to
determine stream "importance" calls and to "spot check" the earlier delineation. On September
13, 2005, Mr. Monte Mathews of the USACE signed the jurisdictional determination (Action ID
200520827). On June 29, 2006 the NCDWO issued their approval for the on ig nal proposed
impacts (see attached Approval, DWQ Project No. 06-0352). On July 13, 2006, the USACE
issued their approval for the original proposed impacts see attached Approval, AID SAW
200633159, 200520827, 200620668). The approved impacts were: 0.123 acre of wetland, 263
linear feet of streams (requiring miti ag tion), 668 linear feet of streams (not requiring miti ag tion),
353 linear feet of temporary impact to perennial streams and 319 linear feet of temporary impact
to intermittent streams.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 3 of 9

Previously Average
Impact
Area of
Approved Stream Stream Name Type of Impact Perennial or Stream Width Length Impact
Impact Number Intermittent. Before Impact- (linear feet) (acres)
(indicate on ma)

4 UT to White Oak Road Crossing Intermittent 3' - 4' 138 0.011
(NWP 39) Creek
New additional UT to White Oak Road Crossing Intermittent 3' - 4' 201 0.016
Impact at Site 4 Creek
Previously Approved Total Stream Impact (by length and acreage) 1,603 0.132
New additional Stream Impact 63 0.005
Total Stream Impact for Project (by length and acreage) 1,666 0.137
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Previously Approved Stream Impact (acres): 0.132
New additional Stream Impact (acres): 0.005
Previously A proved Wetland Impact (acres): 0.125
New additional Wetland Impact (acres): 0.001
Open Water Impact (acres): 0
Previously Approved Total Impact to Waters of the U.S. (acres) 0.257
New Additional Impact to Waters of the U.S. (acres) 0.006
New Total Impacts to Waters of the U.S. (acres) 0.263
Previously Ap roved Total Stream Im act (linear feet): 1,603
New Total Stream Im act (linear feet): 1,666
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetland or stream impacts on this property.
8. Pond Creation
Page 5 of 9

If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
_ This previously approved subdivision and golf course has been designed and re-designed
several times to avoid and minimize stream and wetland impacts resulting from lot fill or
unnecessary road ali~mnents. Out of the +/- 687 acres there are only 3 perennial stream
crossings proposed that result in permanent im~acts• all others are intermittent streams at near
perpendicular angles. Progress Energy Carolinas Inc (PECI has supplied the applicant with a
copy of the PEC Transmission Line right-of-Wav Use Guidelines (see attached memo) since the
approvals for this project have been issued The previously approved road crossing at Impact #4
is within the PEC Ri t-of--Wav Easement corridor These guidelines which require a 4.1 side
slope as well as limiting the proximity of the roadway to any PEC structures have necessitated
the redesign of the stream crossing at this location. This has increased the permanent impact to
the intermittent stream channel by 63 linear feet and added 50 square feet of unavoidable
permanent wetland impact (0 001 ac) (please see attached impact map)
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
Page 6 of 9

and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http: //h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant previously utilized the Ecosystem Enhancement Program for all reauired
miti atg~ ion (see attached receipt from EEP) The new additional impacts are to an
intermittent stream channel and as the on 'ngi al impacts to this area did not require mitigation,
we do not propose an~mit_igation at this location. It should be noted that this modification to
the stream crossing is outside of any_previously a ergs upon conservation easements for the
12 Oaks development
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
Page 7 of 9

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 0 3 (2 for Catawba) N/A
2 0 1.5 N/A
Total 0 N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration, / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A This site is not in a buffered basin.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
Page 8 of 9

impervious level. The previously approved project had an impervious surface area of
approximately 24%. There have been no changes to the total impervious surface for this project
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
A sanitary sewer system will be utilized for the proposed subdivision and will tie into
existing adiacent lines.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500). or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We have reviewed the "DRAFT Internal Policy Cumulative impacts and the 401 Water OualitX
Certification and Isolated Wetland Pro~xams" document prepared by the NC Division of Water
Quality on October 3, 2002, version 1.6 The draft states that most residential subdivisions are
unlikely to cause cumulative impacts Twelve Oaks does not meet any of the three criteria of
private nroiects that can clearly result in cumulative impacts We anticipate that you will advise
us if a aualitative or quantitative impact analysis is required
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
App13,e~ant/Agent's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Mr. Daniel King
JONES CNOSSEN & DOLLS
ENGINEERING, PLLC
106 W. Chatham Street
P.O. Box 1062
Apex, NC 27502
December 5, 2006
RE: Encroachments- fill, grading, paving, street, water line, reuse line, sanitary
sewer, force main, and building materials
Harris-Wake 230 kV Line
Twelve Oaks Subdivision --~-~
Phase Two
Dear Mr. King:
We have reviewed the furnished plans and as far as Progress Energy Carolinas, Inc.
(PEC) rights are concerned have no objections with the following conditions:
1) Requester shall adhere to PEC's easement rights and the 2/6/01 "Transmission
Line Right of Way Use Guidelines" shown as Attachment A.
2) Requester shall not utilize any equipment within said easement area in such a
manner that any portion of said equipment would come any closer than 16' to any
conductor of electricity as mandated by OSHA.
3) Requestor shall not grade within the limits of the Right of Way except for the
street.
4) Requestor shall use valley curbing and a maximum 4:1 slope to provide a 12'
"wide crossing of Street AA within the Right of Way for PEC and its contractors'
equipment.
5) Requester shall submit any landscaping or lighting planned for the easement area
for prior review when available.
6) Requester shall remove all building materials from the easement area in 30 days
for reasons of safety and access.
7) Requestor shall construct and install all encroachments such that they will
withstand the weight of PEC and its contractors' equipment.
Progress Energy Carolinas,lnc.
14Q8 Mechanical Olvd.
Garner, NC 27529

~•
Please be informed that PEC shall not be liable for any damages to said encroachments
by PEC or its contractors in the maintenance, construction, reconstruction, and removal
of PEC facilities within the Right of Way strip. Encroachments shall not be enlarged or
improved without prior permission from PEC.
We hope this satisfactorily responds to your request. If we can be of further assistance,
please advise.
Sincerely,
.~%~~ ~
George Hall
Contract Land Agent
919-329-5853
;< ..
Cc: Mr. Tom McKay
,/Mr. Randy Smith

f " Progress Energy Carolinas, Inc. (PEC} ~~/ f~ y/df1 EgiP/ J~ ~.
Transmission Line Right-of--Way Use Guidelines
(Ltevised reb. 6, 2001)
PEC's goal is.to provide safe, reliable and economical electrical service to all customers. Keeping electricity reliable requires
PEC unobshucted access for maintaining power lines, facilities and rights-of--way. T7~e following list of right-of--way
guidelines has been developed to provide ovsniers with a guide for the use of PEC transmission line rights-of--way. Please
contact a PEC right-of--way representative concerning any proposed plans. The customer must adhere to any and all
Transmission Use Guidelines listed below.
Struetw•es (any man-made assembly), Equipment and Storage -Under limited circumstances structures, equipment or
storage maybe allowed, with prior written approval from an authorized PEC representative, if they meet all of the following
criteria:
a. Is temporary and is easily and immediately movable at owners expense.
b. Does not restrict complete access and maintenance of line or right-of--way, or future use by PEC.
c. Does not adversely effect the safety of customer, company persolutel or general public.
d. Is not located under and at least fifteen (15) feet beyond the outside conductor and does not exceed twelve (12) feet in
height.
Structures, equipment and storage include, but are not limited to, the following: buildings, sheds, storage facilities, trailers,
billboards, signs, street or area lights, hooting stands, recreational facilities, dumpsters, satellite signal receiver systems,
items within storage facilities, garbage, trash, uprooted stumps, boulders, rubble, flammable material, building material,
and junk or uioperable vehicles. Permanent ar non-movable buildings, swfrnmirrg pools, mobile homes and airstrips
shall not be allowed within PEC rights-of--way.
X. Immovable Ground )(~acilfties -Under limited circumstances immovable ground facilities maybe allowed, with prior
written approval front an authorized PEC representative, if they meet all of the following criteria.
a. These facilities must crass the centerline of PEC's transmission line at angle of 45 degrees or greater and the edge of
the item should be at least thirty (30) feet from any PEC structure or anchor.
b. All underground facilities must be capable of bearing the weight of PEC maintenance vehicles.
c. Manholes must be thirty (30} or more inches above grade, unless in paved or graveled areas.
d. I'ir•e Irydralrts, utility pedestals, or any other above ground facilities shall not be allowed directly under conductors
nor within fifteen (15) feet of the outside conductor.
Immovable ground facilities include but are not limited to, the following: streets, roads, driveways, water and sewer lines,
ditches and any underground facilities. If during the co~rshuction of facilities, customer cuts or damages counter
poise/grounding grid, the customer shall reimburse PEC for cost of repairs.
Septte tanks andiol• related drum Melds, ultstlrptlou pits, wells, burlstl growtds, and uudet'gruwld vaults shall not be
ai[owcd within PRC rights-of--ways.
2. Parking Lots maybe constructed on PEC rights-of--way with prior written approval fioln an authorized PEC
representative, and if they are in compliance with the following conditions:
a. A barrier adequate to protect the pole, tower or anchor shall be erected, by the party constructnig the parking area, in
such a manner as to restrict parking to at least five (S) feet from pole, tower or anchor.
b. Grading shall be approved by PEC.
c. Lighting facilities shall be approved by FEC.
d. Signs and atlrer attaclunents to any PEC structure are prohibited.
3. Grading will not be allowed without prior written approval from an authorized PEC representative. Access to PEC
facilities must be maintained at all times. Any grading that allows water to pond or to cause erosion around any pole,
tower or anchor is prohibited. Grading within thirty (30) feet of any PEC shvcture or anchor shall not be allowed. Slopes
shall not exceed a one (1) foot rise/fall in elevation over four {4) feet horizontal distance (l:4 slope).
4. rences sh~1), be installed at least ten { 10) feet away from poles or towers and shall not exceed eight {8) feet in height.
Fences shall not be attached to PEC poles or towers. If PEC's ability to travel up and down the right-of--way is impeded,
property owner must install a twelve (12) foot gate(s).
5. Lakes, ponds, erosion control facilities altd dales may be allowed, with prior written approval fiom an authorized PEC
representative, if they do not interfere with PEC's access and/or maintenance requirements.
6. Trees, shrubs, bushes, hedges, low-growing evergreens, flowers, grasses, low-growing shrulys or gardens planted
within PEC rights-of--way shall not exceed a maximum height of twelve (12) feet at maturity, and may not i~rterfere with
PEC's access and/or maintenance requirements.
7. No item shall be allowed on PEC's rights-of--way that violates the National Electrical Safety Code.
No burning activities are a11o1Yed lrl rights of way.
No agricultural irrigation or waste spraying activities are allowed in rights of way.
t _.
For additional hiformation or clarification, please contact a 1'~C right-of--way representative at

Y
- _~, cos stem
~~~~ ~a~ ~,~~z~~.~
PROGRAM
RECEIPT
ruly 2s, 2006
Twelve Oaks LLC
448 Viking Drive, Suite 220
Virginia Beach, VA 23452
Project: Twelve Oaks Subdivision (Wakefield Development Co.)
County: Wake
DWQ #: 06-0352
USACE Action ID: 200633159
Amount Paid: ~ 98,601.75
Check Number: 1065
The North Carolina Ecosystem Enhancement Program (NCEEP) tuts received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project 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 itt 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 Wetlands Credits Stream Credits Buffer [ Buffer It
CU (Sq. Ft.) (Sq. Ft.)
Ri arian Non-Ri arian Coastal Marsh Cold Cool Wartn
Neuse 0 25 0 0 0 0 395 0 0
03020201
Please dote 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 ar
need additional information, please contact Carol Shaw at [phone].
Sincerely,
~ ~ ~'~~1J
William D. Gilmore, PB
Director
cc: Cyndi KAroly, Wetlands/40l Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
~,PrstDYGrGt~... ~ ~ ... PYD~ Du.Y .f ~tG~,t1°i

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 I www.nceep.net

Twelve Oaks. LLC
;; •'•DATC, '%: `.INVOIGENO .-`.: _DESCRIPTIQN: .:..•: `INVOIC~`AMOUNT..~` ?D~OUCTI9N ` :.BALANCE ..
7/17/06 071706 Mitigation Fee Permit 98601.75 ,00 98601.75
DATEK 7/20/06 NUMBER 1065 TOTAL > 98601.75 , 00 98601, 75
PLEASE DETACH ANO RETAIN FOR YOUR RECORDS
~ Twelve Oaks, LLC wade Benk, N.A.
448 Viking Drive 448 Viking Drive Suite 220
Suite 220 V'Kginia eeacA, VA 23452 ,
~ 88.877 '
Virginia Beach, YA 23452 s3o
DATE CHECK NO. AMOUNT
July 20, 2006 1065 $*****98,601.75
Pay: **************Ninety-eight thousand six hundred one dollars and 75 cents
PAY NCEEP
TO THE
ORDER OF
11'00000 10 6 511' x:05 i400549~: 200003 266445411•