20180830 Ver 1_401 Application_20180618

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0 pG Office Use Only:
r Corps action ID no.
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Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form 2 0 1 8 0
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 e ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP13 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
Z 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express JX Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Lakepoint Village Bank Stabilization
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
Lakepoint Village Townhomes
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Cecilia Brown/ Lakepoint Village Townhome Asso/ KF Homeowners Assoc II Inc.
3b.
Deed Book and Page No.
007308 00116/ 006750 00267 / 010494 00261
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
113 Breakers Place 155 Spring Cove Dr. c/o York Properties 2108 Clark Av
3e. City, state, zip:
Cary, NC, 27511 Cary, NC 27511 Raleigh, NC 27605
3f.
Telephone no.:
[phone] 920-418-4442 919-821-1350
3g.
Fax no.:
[e-mail] [e-mail] [e-mail]
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑X Agent ❑ Other, specify:
4b. Name:
John Williams
4c. Business name
(if applicable):
Lakepoint Village Townhome Association
4d. Street address:
155 Spring Cove Drive
4e. City, state, zip:
Cary, NC, 27511
4f. Telephone no.:
920-418-4442
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN # 0763027574, 0763027635 and 0752998819
1 b. Site coordinates (in decimal degrees):
I Latitude: 35.76249 Longitude: -78.79514
1 c. Property size:
0.10 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Unnamed tributary to Kildaire Farms Lake, Swift creek
2b. Water Quality Classification of nearest receiving water:
C
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:
Land use is residential: 1.01.03.02 Medium -density Multi -family A development containing an average gross density of more than 6
dwelling units per acre, but less that 17 dwelling units per acre. Current condition is that the bank behind the property is eroding, 5-8
feet at one point.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3 owners, attached
3d. Explain the purpose of the proposed project:
Stop the erosion of the stream bank that has caused property loss to homeowner.
3e. Describe the overall project in detail, including the type of equipment to be used:
This section did not wrap the description. It is attached.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑ Yes ❑X No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes Q No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X 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.
Wetland impact
number
Permanent (P) or
T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
—Temporary
W1
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3
Choose one
Choose one
Yes/No
-
W4
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Stabilization
unnamed tributary
PER
20
4045
S2
Choose one
S3 -
Choose one
_
S4 -
Choose one
S5 -
Choose one
S6
Choose one
3h. Total stream and tributary impacts
40-45
3i. Comments:
Stabilization will be rip rap.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated
Flooded Filled Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet
6g.
Zone 2
impact
(square
feet
61 T
Bank stabilization
Tributary to Kildaire Farms Lake (Swift Creek)
Yes/No
80
160
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
80
160
6i. Comments: the plywood will begin 20 feet from bank at the creek; zone 1 will have 10 ft plywood, 8 feet wide; zone 2 will have 20
more feet of plywood, 8 ft wide; will reseed area to restore any grass that dies.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Use of rip rap versus soil -fill eliminates risk of adding more soil to creek and lake bed. Use of rip rap will eliminate further erosion at
this point on the bank, also reducing amount of soil added to creek bed and lake bed which would cause a rise of water level and
extend flood area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The homeowner association is responsible to maintain the grounds and spends thousands annually on grass, sod, bushes, etc. We
are cognizant of the risk to the grass when using plywood and will re -seed the area as needed to restore it.
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?
❑ YesX❑ 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:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
Eg Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
The
effect on the riparian buffer is temporary; no impervious area is added to the buffer.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
This
is a long term bank stabilization in an existing stream.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
[]Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

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

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
X es Y
❑ ❑ NO
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Relied on US Fish and Wildlife Review Q{•t�gd
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation and Protection mapper from the National Marine Fisheries service; looked up each fish species
www.habitat.noaa.gov/protection/efh/efhmapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Town of Cary website, National Register Properties; NC DNCR Office of Archeology map of sites; local knowledge and write up of
land use prior to residential development; swamp, dairy farm, and poultry farm
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Continued erosion would actually increase the area susceptible to flood. Bank stabilization will stop further expansion of the
floodplain.
8c. What source(s) did you use to make the floodplain determination?
1ct..vrs
Wcc
s- 1.2 6
Applicant/Agent's Printed Name
r Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

PCN Application Streambank Stabilization for
113 Breakers PI. Cary, NC 27511
Section B 3c Linear feet of stream on Property
There are three owners whose property is affected:
1. Cecilia Brown 113 Breakers PI: -15 feet of stream bank
2. Lakepoint Village Townhome Assoc: -15 ft of stream bank
3. Kildaire Farms Homeowner Assoc II, Inc: owns -325 ft of stream bank from Two
Creeks Rd. to Kildaire Farms Lake
Section B 3e Project Description
Sixty to sixty-five tons of rip rap will be delivered to the property location and dumped on
HOA property, 7/16 inch 4'x8' sheets of OSB will be laid on HOA property from the
street to the edge of the bank, about 20-25 feet from the creek edge. A 3100 -pound
ditch witch with 870 pounds load will move the rip rap from the street to the top of the
bank and let the rock roll onto the sloped bank. Workers will place the rock along the
bank in the eroded area.

Agent Authorization Form for PCN for 404/401 Application
Project: Lakepoint Village Bank Stabilization
for 404 permit from US Army Corps of Engineers (USACE) and 401 permit from NC Division of
Water Quality (DWQ)
PROPERTY LEGAL DESCRIPTION:
L05 LAKEPOINT VILLAGE BL2 BM1995-01881
Real Estate ID: 0219634 Pin # 0763027574
Deed Book and Page Number: 007308 00116
STREET ADDRESS:
113 Breakers PI, Cary, NC, 27511
Property Owner:
Cecilia Brown
The undersigned, registered property owners of the above noted property, do hereby authorize
John Williams, Treasurer of Lakepoint Village Townhome Association
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Telephone: [phone]
Email: [e-mail]
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Signature: Owner
Si nature: Agent
.5/ Cy / i g
Date
s /q//r
Date

Agent Authorization Form for PCN for 404/401 Application
Project: Lakepoint Village Bank Stabilization
for 404 permit from US Army Corps of Engineers (USACE) and 401 permit from NC Division of
Water Quality (DWQ)
PROPERTY LEGAL DESCRIPTION:
Common and Greenway Area
Real Estate ID: 0144012 Pin # 0752998819
Deed Book and Page Number: 010494 00261
STREET ADDRESS:
Near 113 Breakers PI, Cary, NC, 27511
Property Owner:
KF Homeowners Association II Inc
c/o York Properties
2108 Clark Ave.
Raleigh, NC 27605
The undersigned, registered property owners of the above noted property, do hereby authorize
John Williams, Treasurer of Lakepoint Village Townhome Association
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Telephone: Secretary: [phone]
Email: [e-mail]
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
J) k As J Jr Q : �
Signature: Andrew McCoppin President KF II HOA Date
1
Vignature: John Williams Agent Date

Agent Authorization Form for PCN for 404/401 Application
Project: Lakepoint Village Bank Stabilization
for 404 permit from US Army Corps of Engineers (USACE) and 401 permit from NC Division of
Water Quality (DWQ)
PROPERTY LEGAL DESCRIPTION:
Com Area Lakepoint Vil @ Kldr P9 91-1025
Real Estate ID: 0183394 Pin # 0763027635
Deed Book and Page Number: 006750 00267
STREET ADDRESS:
Near 113 Breakers PI, Cary, NC, 27511
Property Owner:
Lakepoint Village Townhome Association
155 Spring Cove Dr.
Cary, NC 27511
The undersigned, registered property owners of the above noted property, do hereby authorize
John Williams, Treasurer of Lakepoint Village Townhome Association
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Telephone: Secretary: [phone]
Email: [e-mail]
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
1
Signature: Sam Secrest, President LPV HOA
Signature: John Williams, Agent
//— Ig -
Date
Date

Mail Treasurer LPV <[e-mail]>
RE: [Non-DoD Source] Lakepoint Village HOA: Bank stabilization project
1 message
Alexander, Tasha L CIV USARMY CESAW (US) <[e-mail]> Thu, May 10, 2018 at 7:58 AM
To: Treasurer LPV <[e-mail]>
John,
Based on the information provided, the work is authorized by Nationwide Permit (NWP) 13 for bank stabilization and does not require a pre -construction notification
(PCN) provided it is accomplished in strict accordance with the attached conditions and your submitted description. Any violation of the attached conditions or
deviation from your submitted description may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. Attached is a link to
the NWP 13 and the applicable permit conditions. The expiration date for the permit authorization is March 18, 2022 unless the nationwide authorization is
modified, suspended or revoked. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
The Action Identification Number for this project is SAW -1999-21163.
http://saw-reg.usace.army.mil/NWP2017/2017NWP13.pd
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of
Water Quality (telephone [phone]) to determine Section 401 requirements.
This response to your notification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits.
Please let me know if you have any questions regarding this permit or the conditions.
Thank you,
Tasha Alexander
Regulatory Specialist
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 35
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer
Satisfaction Survey located at our website at https://naO1.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.saw.usace.army.mil%2Fmissions%
2FReg ulatoryPermitProgram. aspx&data=02%7C01%o7Ckarrance%40hazenandsawyer.com%7Cd3ebd1 bb8f8d4ef7195f08d5a47cfa94%
7C083fc4d272ad412bae7d6b81 b83916dd%7C0%7C0%7C636595779054132912&sdata=ma1 dkve5Uj7GaO2okggLZ1 %2Fo91 WzWKr%2BQ3hE41sAYjk%3D&
reserved=0 to complete the survey online.
-----Original Message -----
From: Treasurer LPV [mailto:[e-mail]]

I r
John Williams
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 27, 2018
Lakepoint Village Townhome Association
155 Spring Cove Dr.
Cary, NC 27511
Re: Lakepoint Village Townhome Association Bank Stabilization — Wake County, NC
Dear Mr. Williams:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office'sproject planning website at
https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaQ website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
' The term "federal, species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with,. provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
0

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
P e Benjamin
Field Supervisor

Supplemental Information
For 113 Breakers PI Bank Stabilization
• Location Maps
0 1:24,000 maps
o Location with stream S1 designation
o NC Onemap Data Explorer
o Google maps
• Naps showing erosion and property boundaries
• Photos of stream and eroded area
• Project sketches and pictures
o Rip rap sketches
o Plat showing OSB board layout in riparian buffer, zone 1 &
zone 2
o Plat of building
o Pictures of riparian buffer area
• Flood plain maps FIRM and FRIS

Supplemental Information
For 113 Breakers PI Bank Stabilization
Location Maps
• 1:24,000 maps
• Location with stream S1 designation
• NC Onemap Data Explorer
• Google maps

CARY, NC
2clib

i
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113 Breakers PIr�w9woR 1
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�� 4!ILE� 1'I.r[e tt�:r 'bae.ite Ua
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6HRIDGE DR
V'
IDS
V�
Y
K 'Li)' AYNE
P
113 Breakers PI
CL
E3
14V4 v
-Pa
HIGH MEADOW DR
Stream: S1
KILARNEY DR
Stream Bank Stabilization at 113 Breakers PI. Cary NC
Shows Stream S1
CA
y.
,,,3pA5
X
_ Cc
QG
Z
6HRIDGE DR
V'
IDS
V�
Y
K 'Li)' AYNE
P
113 Breakers PI
CL
E3
14V4 v
-Pa
HIGH MEADOW DR
Stream: S1
KILARNEY DR
Stream Bank Stabilization at 113 Breakers PI. Cary NC
Shows Stream S1

Supplemental Information
For 113 Breakers PI Bank Stabilization
Maps showing erosion and property boundaries

- maps.raleighnc.gov
Each block 15 ft, total 60 ft
iMap showing 3 Properties affected by Project
Green double -headed arrow shows the "bank" line to be "restored" with rip rap

KF 11 ��� p�� r7 •� rP
AQAde
n Overview

61"'Go-w-
{l7 144-5'7
ko
I j
113 1 2' 1-7
0 30 60ft
^ Overview

Zc4 pF
0 30 60ft "� !f < G�CL Q e l�� fy t -e
!t/j
J J
n Overview

View of eroded area
Request for Project Streambank stabilization at 113 Breakers Place
March 19,2018
White line shows the line that rip rap should follow to make a straight bank line.
x�
White line shows the line that rip rap should follow to make a straight bank line.

Supplemental Information
For 113 Breakers PI Bank Stabilization
Photos of stream and eroded area

Photos of Swift Creek tributary and Erosion at 113 Breakers PI
Request for Bank Stabilization
Photos taken 3/17/18
1) View of the three culverts in Swift Creek estuary under Two Creeks Road looking southeast from north bank.
2) View from Two Creeks Rd looking west, downstream.
Note sandy area where
creek turns the right

3) Looking east (upstream) from 113 Breakers PI

4) View of North bank. Creek flows right to left, east to west.
5) Closer view of erosion on north bank and south bank pebble beach is clearer

6) Closer view looking north and west
7) Even closer view of erosion

8) A perspective of erosion looking west taken from north bank
9) A view looking west toward the lake from south bank
pest point of erosion, about
et from point A to point B

Supplemental Information
For 113 Breakers PI Bank Stabilization
Project sketches and pictures
• Rip rap sketches
• Plat showing OSB board layout in riparian
buffer, zone 1 & zone 2
• Plat of building
• Pictures of riparian buffer area

113 Breakers PI, Cary Lakepoint Village HOA Bank Stabilization
Sketch made on 4/12/18 by J. Williams
Scale: 0.5 ft per mm
Top View 1 North 7
1 3
Front View VvieSt
Downstream View facing West North -�
Area & Volume: (not to scale)
Area = 227 sq ft
Volume = 26 cu yds Vol/lin ft =.7
A:0.5x35x6= 105 sq ft; at avg height 3 ft = 315 cu ft
B:9sgft@5ft=45cuft
C: 0,5x 6ft rad circle = 113 sq ft @ 3 ft = 339 cu ft
0
«nr
S-rrecs �E oe�Q

Iwq
'I wc- ft,
36'a f -d*
-OMMEIN AREA
Was
113 Breakers Place
Lakepoint Village HOA Bank Stabilization
Sketch made 4/9/18 J. Williams
Scale: 0.8 ft/mm
141

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113 Breakers PI, Cary Bank Stabilization
Pictures of Riparian Buffer where the OSB board will be laid on ground
Red taped area is last 10 feet of Zone 1. Have to stop ditch witch at this point
because bank is too steep. This will be limit of where OSB board will be laid.
Shows the bank area in Zone 1. It is 20 feet from the edge of creek to
the beginning of the red tape.

Supplemental Information
For 113 Breakers PI Bank Stabilization
Flood plain maps FIRM and FRIS

u
MAP PANELS
Ulgital Data Avanahle
No islgltal Data Avaliable
Unmapped
SPECFAL FLOOD
HAZARD AREAS
0 5CAE1 ti Area of Minimal Flood Hazard
Effective LOMRs
OTHER AREAS Area of Uiidetermined Flood Hazard z. •.
GENERAL -- -- Channel. Culvert. or Stomt Sewer
STRUCTURES Illlulllllll Lev". Dike. or Floodwali OTHER AREAS OF
FLOOD HAZARD
32200763001
eff. 51'2/2006
Without ftw Flood 6eevat" 4 FE)
With M or Depth
Ili9&tatc" FloodVey zunrAf. AG, AN. VE aF
0.2% Annual Chance Flood Hazard. AreF
of 1% annual chance Hood with average
depth less than one foot of with drainag
areas of less than one souare mite
Future Conditions 1`k, Annual
Chance Fiood Hazard
Area with Reduced F food Risk due to
Levee. See Notes.
Arra with Flood Risk due to !_eves
FIRM, Flood Insurance rate Maps - Town of Cary
6 CrossSectioris wtito 1`i6 Annual Chance
ari Yater Surface Elevation
Coasta; fransect
Base Flood Elevation Line Alfb
Limit at Study
Jurisdiction Bouredary
-- Coastal transect Baseline
OTHER _ Profile Basetlne
FEATURES Hydrographic Feature
AREA OF MINIMAL FLOOD NA; E7
� ,
r
fit; �KF�
u
MAP PANELS
Ulgital Data Avanahle
No islgltal Data Avaliable
Unmapped
SPECFAL FLOOD
HAZARD AREAS
0 5CAE1 ti Area of Minimal Flood Hazard
Effective LOMRs
OTHER AREAS Area of Uiidetermined Flood Hazard z. •.
GENERAL -- -- Channel. Culvert. or Stomt Sewer
STRUCTURES Illlulllllll Lev". Dike. or Floodwali OTHER AREAS OF
FLOOD HAZARD
32200763001
eff. 51'2/2006
Without ftw Flood 6eevat" 4 FE)
With M or Depth
Ili9&tatc" FloodVey zunrAf. AG, AN. VE aF
0.2% Annual Chance Flood Hazard. AreF
of 1% annual chance Hood with average
depth less than one foot of with drainag
areas of less than one souare mite
Future Conditions 1`k, Annual
Chance Fiood Hazard
Area with Reduced F food Risk due to
Levee. See Notes.
Arra with Flood Risk due to !_eves
FIRM, Flood Insurance rate Maps - Town of Cary
6 CrossSectioris wtito 1`i6 Annual Chance
ari Yater Surface Elevation
Coasta; fransect
Base Flood Elevation Line Alfb
Limit at Study
Jurisdiction Bouredary
-- Coastal transect Baseline
OTHER _ Profile Basetlne
FEATURES Hydrographic Feature

Ow"

i