20041940 Ver 2_Complete File_20060512

0
0_0F WATFRQ Michael F. Easley, Governor
.? G William G. Ross Jr., Secretary
?- North Carolina Department of Environment and Natural Resources
d ?( Alan W. Klimek, P.E. Director
Division of Water Quality
June 5, 2006
DWQ Project # 04-1940, Ver. 2
Wake County
Mr. Wayne Massengill
JWM Developers, LLC
6600 Brookshire Drive
Fuquay-Varina, NC 27526
Subject Property: de Vintage Subdivision
Dutchmans Branch [030402,27-43-4.5, WSIII, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Massengill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.03 acres of wetland and 0.00 square feet (ft) of protected Zone 1 Neuse
River basin riparian buffer and 0.00 square feet (ft) of protected Zone 2 Neuse River basin riparian buffer
as described in your application dated May 12, 2006, and received by the Division of Water Quality
(DWQ) on May 12, 2006, for the purpose of constructing the residential subdivision. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 39,
respectively, when issued by the US Army Corps of Engineers (USACE). This letter shall also act as
your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0233. In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon expiration of the
404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
, l f?
?rCar fa
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 276994650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http•/ 20 enr sst to nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
T
JWM Developers, LLC
Page 2 of 6
June 5, 2006
Amount Approved (Units) Plan Location or
Reference
404AVetland 0.03 acres of wetland PCN page 4 of 9
Buffer -Zone 1 0.00 (square ft. PCN page . 7 of 9
Buffer -Zone 2 0.00 (square ft. PCN page 7 of 9
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213 .0233 and GC 3404;
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 213 .0233 (5). If this is not
r
JWM Developers, LLC
Page 3 of 6
June 5, 2006
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project;
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hQ://h2o enr.state. nc. us/su/Forms Documents. htm.;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask fora
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
JWM Developers, LLC
Page 4 of 6
June 5, 2006
AWKIijm
Enclosures: GC3402
Sincerely,
///-",Alan W. Klimek, P.E.
Certificate of Completion
cc: Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041940 Ver2deVintageSD(Wake)401 _NBR
00_. 2-00 y 19 4-()
2
May 12, 2006
".. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: de Vintage Subdivision County: Wake
212@29WRI
MAY 3 0 2006
DENR - WATER QUALITY
1V'I 'SAND STC?RMWATER BRANCH
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
'Cataloging Unit (Acres) (Linear Feet) Zone 1 Zone 2
(Sq. Ft.) (Sq. Ft.)
Ri arian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0.124 0 0 0 0 0 0
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Sincerely,
ba2m 7DCilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ Regional Office-Raleigh
File
ern
R ?St-DYI,GI?... 'E... Pro t", oar Stl te, NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

WITHERS --:? RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
222 MacKenan Drive
CARY, NORTH CAROLINA, 27512
[phone] D a , I_?x f? gg I
FAX [phone]oo8?
MAY 1. 2 2006
To: DWQ
Efgct 9k'-"j C ?vi??
2321 Crabtree Blvd Q
Fr,a, "LITY
Raleigh, NC 27604
'i
LETTER OF TRANS I TTAL
DATE 5/13/06 7"D. 203314-10
ATTENTION ndi Karol
PHONE #
RE: deVintage Subdivision

D - lq o

rt l 1i _I
R ECLIVLD

WE ARE SENDING YOU ® Attached ? Under separate cover via the following items:
? Shop Drawings ? Prints ? Plans ? Samples ? Specifications
? Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
7 5/12/06 1 4o4/4o-1 Request
5/12/o6 2 Check ($200)

n..
E D

THESE ARE TRANSMITTED as checked below:
® FDrapprovat ? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
® For review and comment ?
? FORBIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please feel free to call with any questions.
COPYTO:
I
WR File
? Resubmit copies forapproval
? Submit copies fordistribution
.? Return corrected prints
SIGNED: Todd Preuninger
lfenclosums am not as noted, kindly notify us at once.
May 12, 2006
WITH ERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: de Vintage Subdivision PAYMIFNT
W&R Project#: 203314.1 R-CEiVEQ
Dear Ms. Karoly,
We received your request for additional information regarding the proposed impacts associated with de
Vintage subdivision. As per your request, I have signed page 9 of the PCN application and included
the agent authorization form. In addition, I have included the contact information for JWM Developers.
apologize for this oversight in the initial application.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
Todd Preuninger
Director of Wetlands and Biological Sciences.
Attachments:
1) Cover letter
2) PCN Application
3) Impact Maps
4) Agent Authorization
5) Data Forms
I
1 11 91)/
MAY ? 2 2006
I
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 let: 910.256.9277 1 fax: [phone]
WITHERS &RAVEICI EL
ENGINEERS I PLANNERS I SURVEYORS
May 5, 2oo6
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: deVintage Subdivision
Request for 404/401
W&R Project Number- 02030314.10
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604
PA VI, ", E- NIT
1RECE ED
Dear Mr. Matthews & Ms. Karoly,
On behalf of JWM Developers, LLC, we are requesting authorization from the USACE and NC-
DWQ to use NWP 39 in order to fill 1305 square feet of wetlands in the bed of a drained
pond.
The subject property is located on Ten Ten Road (SR ioio) approximately 500 feet east of the
intersection of Ten Ten Road and Holly Springs Road (SR 1152). The site is approximately 22
acres in size and contains an unnamed tributary to Dutchmans Branch in the Neuse River
Basin. The Hydrologic Unit Code for this basin is 03020201. The Water Quality classification
is WS III; NSW, and the stream index is 27-43-4.5
Project History
Soil and Environmental Consultants conducted detailed wetland delineation and riparian
buffer evaluations in May 2004. Site meetings were conducted with the USACE on August
31, 2004 to verify the wetland delineation. In addition, Ms. Debbie Edwards of DWQ
confirmed riparian buffer locations.
A 4oi-certification was issued on Jan 12, 2005 for impacts associated with storm water
BMP's and road fill (DWQ 04-1940). The impacts consisted of 0.093 acres of wetlands and
54 linear feet of stream channel impact (see attached 4oi-certification). In February 2oo6,
Withers & Ravenel re-delineated the base ofa drained pond in the southwest corner of the
property. Based on our field determination, a request was made to DWQto appeal a
previous buffer determination. Ms. Cyndi Karoly agreed that no stream channel was present
within the base of the drained pond. A copy of her letter is attached.
Proposed Impacts
The proposed impacts consist of 1,305 SF of lot fill placed in the base of a drained pond. The
.cumulative impacts for this project are 1,305 SF+4,070 SF (0.124 acres). Since the impacts
are greaterthan o.i acres, mitigation has been proposed to NC-EEP. Impacts are
summarized in the table below as well as in the PCN form.
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenei.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
I
NWP # Impact # Linear Feet SF Acres
Previous 54 54 0.001
Previous NA 4,070 0.093
Proposed NA 1,305 0.030
Total 54 5,375 0.124
Avoidance and Minimization
Wetland delineations were conducted prior to site plan development to minimize impacts.
2:1 fill slopes were utilized to minimize impacts to wetlands. It is important to note that the
out of a 22 acre project the cumulative wetland impacts are only 0.124 acres. Additionally,
as part of the applicant's commitment to protect water quality, the BMP devices on-site were
oversized to treat stormwater run-off from the adjacent commercial development (i.e.
Walgreens).
Stormwater Management Plan
As part of the 4o1 approval process, our stormwater management was reviewed and
approved by DWQ (see attached 401 certification), therefore we have not included it with this
permit application.
Mitigation
Since the cumulative wetland impacts are greaterthan o.1 acres, the applicant proposes
payment to the NC-EEP to satisfy wetland mitigation requirements. No stream channel
mitigation is required since the cumulative impacts are only 54 linear feet. A copy of our
request for payment to EEP is included with the attachments.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quad
5) Wake County Soil Map
6) Data Forms
7) NC-EEP In-Lieu Request Form
8) Previous 401-Certification
9)
I DWQ Buffer Letter
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. y © Q O
fir any particuiar item is not appacame to tnis project, please enter "Not Applicable" or "N/A".)
P111 T
1. Processing R EC ENE D
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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: N
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), c ®h?
?s i.
l
IL Applicant Information MAY 1 2, 2006
1. Owner/Applicant Information
Name: JWM Developers, LLC - Attn: J. WayneiMassenieJTY" 'T,_ P1MA,,,;;J1
Mailing Address: 6600 Brookshire Drive
Fuquay-Varina, NC 27526
Telephone Number: 919-427-2360 Fax Number: 919-557-5333
E-mail Address: jwmbuilders(,nc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 117 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-460-6006 • Fax Number: 919-238-2099
E-mail Address: tpreuningergwithersravenel.com
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
Page 1 of 9
1
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: deVintage Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0761.03-21-1158
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):. deVintage Subdivision
Directions to site (include road numbers/names, landmarks, etc.): Site is located on Ten Ten
Road (SR 1010) approximately 500 feet east of the intersection of Ten Ten Road and Holly
Springs Road (SR 1152).
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): 35.6951516 ON 78.7708523 °W
6. Property size (acres): ± 22.0
7. Name of nearest receiving body of water: Dutchmans Branch
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/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: Currently the sight is being developed as a residential
subdivision. Adjacent parcels consist primarily of commercial property with some
residential property and agriculture.
10. Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment typically necessary for road construction will be used.
Page 2 of 9
I
11. Explain the purpose of the proposed work: The purpose of the proposed project is to
provide housing for the growing population of Cary, North Carolina.
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.
Soil and Environmental Consultants conducted detailed wetland delineation and riparian buffer
evaluations in May 2004. Site meetings were conducted with the USACE on August 31, 2004 to
verify the wetland delineation. In addition, Ms. Debbie Edwards of DWO confirmed riparian
buffer locations.
A 401-certification was issued on Jan 12, 2005 for impacts associated with storm water BMP's
and road fill (DWQ 04-1940). The impacts consisted of 0.093 acres of wetlands and 54 linear
feet of stream channel impact (see attached 401-Certification). In February 2006, Withers &
Ravenel re-delineated the base of a drained pond in the southwest corner of the property, based
on our field determination, a request was made to DWQ to appeal the previous buffer
determination. Ms. Cyndi Karoly agreed with our determination that no stream channel is
present within the base of the drained pond. A copy of her letter is attached.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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
Page 3 of 9
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: The proposed impacts consist
of 1,305 SF of fill in a drained pond
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,
QPYlnrntAly list imnncts Arne to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Proposed Lot fill Drained pond No 150 0.030
Total Wetland Impact (acres) 0.030
3. List the total acreage (estimated) of all existing wetlands on the property: 3 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. multiDIv length X width. then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
NA NA NA NA NA NA NA
Total Stream Impact (by length and acreage) NA NA
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)
NA NA NA NA NA
Total Open Water Impact (acres) NA

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): NA
Wetland Impact (acres): 0.03
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.03
Total Stream Impact (linear feet): NA
The cumulative impact for this project are:
Stream Impact (acres): 0.001
Wetland Impact (acres): 0.123
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.124
Total Stream Impact (linear feet): 54
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes N 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.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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.
Wetland delineations were conducted prior to site plan development to minimize impacts.
2:1 fill slopes were utilized to minimize impacts to wetlands. It is important to note that the out
of a 22 acre project the cumulative impacts are only 0.124 acres. Additionally, as part of the
Page 5 of 9
applicant's commitment to protect water quality, the BMP devices on-site were oversized to treat
stormwater run-off from the adiacent commercial development (i.e. Wal rg eens).
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
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 proposes payment to the NC-EEP to satisfy mitigation requirements
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 ham://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:
Page 6 of 9

Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.124
Amount of Coastal wetland mitigation requested (acres): NA
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
X.
3. 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 ?
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 ?
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 Multiplier Required
(square feet) Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
I
3. 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. NA
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 impervious level.
The site will contain approximately 30% impervious surface following buildout. As part of the
401 approval process our stormwater management was reviewed and approved by DWQ (see
attached 401 certification) therefore we have not included it with this permit application.
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.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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:
As stated by the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
October 3 2002, version 1.6 prepared by the North Carolina Division of Water Quality, residential subdivisions are unlikely to require a cumulative impacts analysis. The deVintage
Subdivision does not meet any of the three criteria of private development projects that can
clearly result in cumulative impacts. The applicant will comply with the applicable local and
state regulations pertaining to water quality, therefore, we do not anticipate downstream
degradation.
;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
Page 8 of 9

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).
NA
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
4
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Page 9 of 9
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PROPOSED IMPACTS 1,305 SF im?
1 inch = 40 ft.
LANGSTON COMMONS PROPOSED WETLAND WITHERS & RAVENEL
„_,.? _ IMPACT MAP ENGINEERS 1 PLANNERS I SURVEYORS
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ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorization Form
Project Name: ?le, VxfJ 7 P,?? E '?5UZ?D%y X51
Property Owner/Contract Purchaser: ?UN?. ba4C-.w rpozs . L. L C
Address: ?v SR.oOle-stfi + q-c ?\ uG
Phone: 407- Z 36n
Fax: 55 7 - -S 333
Email: Jtc?M 13Ui?iJE7zS? .212. C,<f)y4A
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: J• 4SS8v'G, i LL-
(Print Name)
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Date: 03/ 0 /06
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WITHERS RAVENEL;,
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Proiect #02030314.10 Date: 3/1/06
Applicant / Owner: JWM Developers LLC County: Wake
State: NC
Investigator: Todd Preuninger
Do normal circumstances exist on the site? Yes . No II Community ID:Upland HWD
Is the site significantly disturbed (Atypical situation)? Yes II No Transect ID:
Is the area a potential problem area? Yes II No Plot ID: Near Flag 15
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9. -
2. Smilax rotundifolia Vine FAC 10. -
3. Liquidambar s racihua Tree FAC+ 11. -
4. Prunus serotina Tree FACU 12. -
5. Ouercus alba Tree FACU 13. -
6. Pinus taeda Tree FAC 14. -
7. 15. -
8. - - 16. -
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 67%
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
? Stream, Lake, or Tide Gauge
II Aerial Photographs Primary Indicators:
II Other II Inundated
Saturated in Upper 12"
No Recorded Data Available [1 Water Marks
1 Drift Lines
Field Observations: n Sediment Deposits
II Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) r] Oxidized Roots Channels in Upper 12"
II Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) II Local Soil Survey Data
II FAC-Neutral Test
II Other (Explain in Remarks)
Remarks:
Hydrology Indicators Absent.
SOILS
Map Unit Name
(Series and Phase): Appling_([ApC2) Drainage Class: Well Drained
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes[] No[]
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B I OYR 5/2 Sandy Loam
6-12 C IOYR 6/4 Sandy Loam
Hydric Soil Indicators:
II Histosol II Concretions
II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils
II Sulfidic Odor Organic Streaking in Sandy Soils
II Aquic Moisture Regime Listed On Local Hydric Soils List
II Reducing Conditions Listed on National Hydric Soils List
II Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ? No Is the Sampling Point
Wetland Hydrology Present? Yes II No Within a Wetland? Yes[] Noo
Hydric Soils Present? Yes II No El
Remarks:
a
F DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project #02030314.10 Date: 3/1/06
' County: Wake
JWM Developers LLC
Applicant / Owner: State: NC
Investigator: Todd Preuninger
Do normal circumstances exist on the site? Yes M No F] Community ID Drained Pond
Is the site significantly disturbed (Atypical situation)? Yes II No N Transect ID:
Is the area a potential problem area? Yes Q No j? plot ID: Near Flag 15
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effusus Herb FACW+ 9. _
2. Salix nigra Tree OBL 10.
3. Typha latifolia Tree OBL 11.
4. Scirpus gperinus Grass OBL 12. _
5. Carex lupulina Grass OBL 13.
6. 14.
7. 15. _
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
? Stream, Lake, or Tide Gauge
n Aerial Photographs Primary Indicators:
n Other n Inundated
i
Saturated in Upper 12"
No Recorded Data Available ? Water Marks
F Drift Lines
Field Observations: II Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: 02 (in.) Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: 0 (in.) II Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Hydrology Indicators Present.
1
t
SOILS
Map Unit Name
(Series and Phase): Worsham My) Drainage Class: Poorly Drained
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? YesII No[]
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B IOYR 5/2 Sandy Loam
6-12 C IOYR 6/4 Sandy Loam
Hydric Soil Indicators:
II Histosol II Concretions
[] Histic Epipedon [l High Organic Content in Surface Layer in Sandy Soils
II Sulfidic Odor [jOrganic Streaking in Sandy Soils
II Aquic Moisture Regime Listed On Local Hydric Soils List
II Reducing Conditions [Listed on National Hydric Soils List
] Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes II No Is the Sampling Point
Wetland Hydrology Present? Yes ? No Within a Wetland? Yesn Nom
Hydric Soils Present? Yes ? No J
Remarks:

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
NOTE: Revised 4/19/06
Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
f-__.?...___.__._.. ...._._. .._....____.....__..._..............._......_...._.f.-...r......_......... ...... ...................... ..... ._..... ...........-........ _........ ....
1. Nam-e of ......._._._......,......_....._....._........._..._...-..__....._......__..._._........._._........._.
Applicant or Agent
2. Name of Business of Applicant or Agent
3. Mailing Address (Street or PO Box)
J._? ?__.__._A C ......C .V1?1 Y1._._.... ....1?`._Y .............._.___._-...._..._......._.....____.._.
4. City, State, Zip
!V ...... z...7 _..
5. Telephone (eg, 919-555-1212) , ,r......-..__.__._...__. _..._... __ ................____........_......__
q?q - y? -
_........._......o......___....6.............. ..... .
. 06..._.__ .............. _._............... ._....__..... -.......... __........
.__._.
6. Fax (optional)
Z38...-2099 ____......:___._....._____....___.__.....__
7. E-mail (optional)
l
_.....C' .. r` .W A P AS ra JeYI e C
8. Project Name --? _ - -
._..._..de....V v.,s_. o.h- ............. ..__........... _.....
9. Project Location (nearest town, city) i
- _ _ ._?.-_.....__.. Car
10. Lat-Long Coordinates (optional) ....._................_........._......-.... _ .............__....... _......._.......___.......................... ..... ._........ ..............._......._
' o
__ _ _ _.... -_ .........- _........_ --...__ _..-j ......... ............s6....-_5.1_5 6.... IJ...........................?c ..77 ......w
11. Project County ;
_.?_.? . _ ..__ __.._..__..._._..._..__ ......__._..__._......_.a .... .... .-......... ?a.k
12. River Basin I
_......_._-_ ............. ._...... _....... _____........... ..__.............. __._-....................._.__........ __
13. Cataloging Unit (8-digit)
3._o_Z. o-.x_01.._ .__.... _. __...._ ._. ._ ._.
......-_...__....
j 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 1
I I
?15. Non-Riparian Wetland Impact (ac.) ; O• /Z //
L......_.. ........ ................._.......................................................................................................................... ... ....... ..........._......._.._................... _..................
j 16. Coastal Marsh Impact (ac.)
................. ........... _..._.......... _....... ................ .......... ........ .............. ................. .... .........._....----- _._....__....................:_...._ ..
17. Stream Impacts-Cold (ft.) (e.g. 1,234) I - - -
.............._........__......___......__......___....._....._._...._......._..._..__...._.......... -.__.......... ..... _.............. _............_....... _._.... .......... _............
18. Stream Impact-Cool (ft.)
19. Stream Impact-Warm (ft.)
-__ ..................................._.._.........1^.........._.........._..........................................._...................................................._.............
20. Buffer Impact one 1 (sq. ft.) (e.g. 12,345) !
_2__B_.._.__.I -....- m-...- -__.._Zone..__2_(....._sq .. ft_--.) .--_. ._........ -.._.._.... ...._.__....1 ........................................................................_._._......-_......_...................._......................._._......................_..............._...._.............._...__........_........__..
1. uffe.._rpact-
__
_..?. _.__..__...._..._.__.......___._._..._...__..... _..___....-_ _____..._.? .. .. ....... .......... _............. ...... _...... _..... _ _.... ...._ _ ....._.... ........ ... ................... ...
Check (q) below if this reque.
.. st is a_.: Signature pplicant or Agent:
revision to a current acceptance, or j
re-submission of an expired acceptance
Date:
__....___.-.._..___..__._.;_..._........ ..... _.._ ...................................
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http://cfpub.epa.gov/surf/locate/index.cfm
i Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]
OF 1NA rFi9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
rte- North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
January 12, 2005
DWQ EXP No. 04-1940
Wake County
• Page 1 of 4
JWM Developers ,
Attn: Wayne Massengill
3600 Brookshire Lane
Fuquay-Varina, NC 27526
Subject Property: deVintage Subdivision (formerly known as Langston Commons)
UT to Dutchman's Branch [03-04-02, 27-43-4.5, WS-III, NSW]
UT to Camp Branch [03-04-02, 2743-15-5, C NSW]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
EXPRESS REVIEW PROGRAM
Dear Mr. Massengill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.093 acres of wetlands, 54 feet of streams and 10,231 square feet (ft) of
protected riparian buffers for the purpose of a subdivision at the subject property, as described within
your application dated December 14, 2004 and all additional information submitted and received by our
office on December 22, 2004 and January 11, 2005. After reviewing your application, we have decided
that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality
Certification Number 3402 (GC3402). The Certification allows you to use Nationwide Permit(s) 18 or 39
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and Water Supply Watershed Protection regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions:
L Impacts Approved
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
CP371 q
None Carolina
A (M ily
JWM Developers
Page 2 of 4
1/12/05
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved nits Plan Location or Reference
Stream 54 feet Wetlands Impact Ma (1/11/0 )
404 Wetlands 0.093 (acres) Wetlands Impact Map (1/11105)
Buffers 10,231 (square ft. Wetlands Impact Ma (1/11105
2. Buffer Mitigation (EEP)
3
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 6,221 square feet as required
under this Authorization Certificate and 15A NCAC 2B .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 7,785 ftz of Zone 1 and 5,439 fe of Zone 2 required riparian
buffer mitigation for impacts to 6,221 ftz of protected riparian buffers (2,595 Zone 1 & 3,626 Zone
2); 03-04-02 river and subbasin."
Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0233(5).
4. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated January 11, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied
at the subject site. The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality. Stormwater easements shall
be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, constructed
wetlands and wet ponds on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform
corrective actions as described above and shall provide protection of the structures from potential
alternations by future property owners.
The Operation & Maintenance (O&M) agreement signed by the current landowner has been approved
by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
5 Protective Fencing
JWM Developers
Page 3 of 4
1/12/05
r
E The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B 33
and GC 3402.
y
6. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by. conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
htt2://h2o.enr.state.nc.us/su/Forms Documents.htm.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
8. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
9. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
10. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is

JWM Developers
Page 4 of 4
1/12/05
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at
the letterhead address within 10 days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502.
Sincerely,
AWK/dae
Attachments: Certificate of Completion
GC 3402
Cc: Sean Clark-S&EC
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041940deVintage(Wake)EXP+buffer
OFD AFR
t
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> ?C
--I
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC, 27511
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 3, 2006
® 6 Z#a6
Withers

Buffer Determination Appeal for Stream Feature A,
De Vintage Subdivision (formerly Langston Commons/TenTen Road Site),
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Preuninger:
On December 30, 2005, at your request I conducted an on-site determination to review a feature located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "A" on the attached map initialed by me on December 30, 2005. Division of Water Quality
(DWQ) Staff had previously conducted an on-site determination of the feature. In your letter to the
Director dated December 5, 2005, you requested an appeal of the determination as provided within 15A
NCAC 02B.0233(3)(a).
At your request, I conducted an appeal of the determination as stated above. During my review I
determined that feature "A" is an intermittent stream starting at the dam and continues downstream.
Previously, the feature had been flagged further upstream of the dam within the old drained pond bed.
The DWQ has determined that the stream labeled as "A" on the attached map is not subject to the
Neuse Buffer Rule upstream of the dam, but is subject downstream of the dam. This determination
shall replace the determination originally performed by this Office.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call me at (919) 733-
9721. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
Cyndi Karoly, Alan W. Klimek, P.E.
401 Oversight and Express Permitting Unit
AWKIcbk
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn:/Jh2o.enr.state.nc.us/newctlands
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 20041647
Wake County
Page 1 of 2
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
May 12, 2006
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd. v p _ `? ?, O
Raleigh, North Carolina 27604 fi
Re: de Vintage Subdivision RECEIVED
W&R Project #: 203314.1 _
Dear Ms. Karoly,
We received your request for additional information regarding the proposed impacts associated with de
Vintage subdivision. As per your request, I have signed page 9 of the PCN application and included
the agent authorization form. In addition, I have included the contact information for JWM Developers.
I apologize for this oversight in the initial application.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &-RAVENEL, INC.
Todd Preuninger
Director of Wetlands and Biological Sciences
E
Attachments:
1) Cover letter
2) PCN Application
3) Impact Maps
4) Agent Authorization
5) Data Forms
RL
<1 " 1* e
DEN'(-
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
WITH ER' MAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
May 5, 2oo6
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
i
Re: deVintage Subdivision
Request for 404/401
W&R Project Number- 02030314.10
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604
Dear Mr. Matthews & Ms. Karoly,
On behalf of JWM Developers, LLC, we are requesting authorization from the USACE and NC-
DWQto use NWP 39 in order to fill 1305 square feet of wetlands in the bed of a drained
pond.
The subject property is located on Ten Ten Road (SR 1olo) approximately 500 feet east of the
intersection of Ten Ten Road and Holly Springs Road (SR 1152). The site is approximately 22
acres in size and contains an unnamed tributary to Dutchmans Branch in the Neuse River
Basin. The Hydrologic Unit Code for this basin is 03020201. The Water Quality classification
is WS III; NSW, and the stream index is 27=43-4.5
Project History
Soil and Environmental Consultants conducted detailed wetland delineation and riparian
buffer evaluations in May 2004. Site meetings were conducted with the USACE on August
31, 2004 to verify the wetland delineation. In addition, Ms. Debbie Edwards of DWQ
confirmed riparian buffer locations.
A 401-certification was issued on Jan 12, 2005 for impacts associated with storm water
BMP's and road fill (DWQ 04-1940). The impacts consisted of 0.093 acres of wetlands and
54 linear feet of stream channel impact (see attached 401-certification). In February 2oo6,
Withers & Ravenel re-delineated the base of a drained pond in the southwest corner of the
property. Based on our field determination, a request was made to DWQto appeal a
previous buffer determination. Ms. Cyndi Karoly agreed that no stream channel was present
within the base of the drained pond. A copy of her letter is attached.
Proposed Impacts
The proposed impacts consist of 1,305 SFof lot fill placed in the base of a drained pond. The
cumulative impacts for this project are 1,305 SF + 4,070 SF (0.124 acres). Since the impacts
are greaterthan o.1 acres, mitigation has been proposed to NC-EEP. Impacts are
summarized in the table below as well as in the PCN form.
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenet.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 tet: 910.256.9277 1 fax: [phone]
NWP # Im act # Linear Feet SF Acres
Previous 54 54 0.001
Previous NA ,070 0.093
Proposed NA 1,305 0.030
Total 54 5,375 0.124
Avoidance and Minimization
Wetland delineations were conducted prior to site plan development to minimize impacts.
2:1 fill slopes were utilized to minimize impacts to wetlands. It is important to note that the
out of a 22 acre project the cumulative wetland impacts are only 0.124 acres. Additionally,
as part of the applicant's commitment to protect water quality, the BMP devices on-site were
oversized to treat stormwater run-off from the adjacent commercial development (i.e.
Walgreens).
Stormwater Management Plan
As part of the 4o1 approval process, our stormwater management was reviewed and
approved by DWQ (see attached 401 certification), therefore we have not included it with this
permit application.
Mitigation
Since the cumulative wetland impacts are greater than o.1 acres, the applicant proposes
payment to the NC-EEP to satisfy wetland mitigation requirements. No stream channel
mitigation is required since the cumulative impacts are only 54 linear feet. A copy of our
request for payment to EEP is included with the attachments.
Please feel free to call if you have questions or require additional information.
I Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments
1) PCN Form
2) Site plans
3) Agent Authorization
4) USGS Quad
5) Wake County Soil Map
6) Data Forms
7) NC-EEP In-Lieu Request Form
8) Previous 4o1-Certification
9) DWQ Buffer Letter
i
r
A
Office Use Only: Form Version March,, tt05
USACE Action ID No. DWQ No. V ?f
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
}`'s EN
PAW
1. Check all of the approval(s) requested for this project: ??; { %!-
® Section 404 Permit ? Riparian or Watershed Buier 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: 39
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:
1
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:
l
II. Applicant Information
?r
MAY 1 2 2006
1. Owner/Applicant Information
?,r J+ QUALITY
Name: JWM Developers, LLC - Attn: J. Wa n e Massei11 - ?> r H
Mailing Address: 6600 Brookshire Drive
Fuquay-Varina, NC 27526
Telephone Number: 919-427-2360 Fax Number: 919-557-5333
E-mail Address: [e-mail]
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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 117 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-460-6006 Fax Number: 919-238-2099
E-mail Address: tpreuningerna,withersravenel.com
IIIf 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
Page I of 9

boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size. construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: deVintage Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0761.03-21-1158
4. Location
County: Wake Nearest Town:_ Cary
Subdivision name (include phase/lot number): deVintage Subdivision
Directions to site (include road numbers/names, landmarks, etc.): Site is located on Ten Ten
Road (SR 1010) approximately 500 feet east of the intersection of Ten Ten Road and Holly
Springs Road (SR 1152).
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): 35.6951516 ON 78.7708523 °W
6. Property size (acres): ± 22.0
7. Name of nearest receiving body of water: Dutchmans Branch
i
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
4
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently the sight is being developed as a residential
subdivision. Adjacent parcels consist primarily of commercial property with some
residential property and agriculture.
10. Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment typically necessary for road construction will be used
{
Page 2 of 9

11. Explain the purpose of the proposed work: The purpose of the proposed project is to
.provide housing for the growing population of Cary, North Carolina.
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.
Soil and Environmental Consultants conducted detailed wetland delineation and riparian buffer
evaluations in May 2004. Site meetings were conducted with the USACE on August 31, 2004 to
verify the wetland delineation. In addition Ms. Debbie Edwards of DWQ confirmed riparian
buffer locations.
A 401-certification was issued on Jan 12, 2005 for impacts associated with storm water BMP's
and road fill (DWQ 04-1940). The impacts consisted of 0.093 acres of wetlands and 54 linear
feet of stream channel impact (see attached 401-Certification). In February 2006, Withers &
Ravenel re-delineated the base of a drained pond in the southwest corner of the property, based
on our field determination a request was made to DWQ_to appeal the previous buffer
determination. Ms. Cyndi Karoly agreed with our determination that no stream channel is
present within the base of the drained pond. A copy of her letter is attached
i
r
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.
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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
Page 3 of 9
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t
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: The proposed impacts consist
of 1,305 SF of fill in a drained pond.
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,
set)arately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
Proposed Lot fill Drained pond No 150 0.030
Total Wetland Impact (acres) 0.030
3. List the total acreage (estimated) of all existing wetlands on the property: 3 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 acrenue_ mnltin1v lenuth X width then div;rla by Al 5An
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
NA NA NA NA NA NA NA
Total Stream Impact (by length and acreage) NA NA
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- flondinu_ drninnue_ hnikhead.c ettc
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)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 4 of 9
l
6. List the cumulative impact to all Waters of the U.S. resultiniz from the nroiect:
Stream Impact (acres): NA
Wetland Impact (acres): 0.03
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.03
Total Stream Impact (linear feet): NA
The cumulative impact for this nroiect are:
Stream Impact (acres): 0.001
Wetland Impact (acres): 0.123
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.124
Total Stream Impact (linear feet): 54
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.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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.
Wetland delineations were conducted prior to site plan development to minimize impacts.
2:1 fill slopes were utilized to minimize impacts to wetlands. It is important to note that the out
of a 22 acre project, the cumulative impacts are only 0.124 acres. Additionally, as part of the
Page 5 of 9
applicant's commitment to protect water quality, the BMP devices on-site were oversized to treat
stormwater run-off from the adjacent commercial development (i.e. Wal rg eens):
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
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 proposes payment to the NC-EEP to satisfymitigation requirements
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.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
I
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.124
Amount of Coastal wetland mitigation requested (acres): NA
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
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 ?
3. 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 V 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.
Impact Required
Zone* Multiplier ?,,r;*;, f;, ,,
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9

3. 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
s Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. NA
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 impervious level.
The site will contain approximately 30% impervious surface following buildout. As part of the
401 approval process, our stormwater management was reviewed and approved by DWQ (see
attached 401 certification), therefore we have not included it with this permit application.
XIL 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.
Sanitarv Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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:
As stated by the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
October 3, 2002, version 1.6 prepared by the North Carolina Division of Water Quality, most
residential subdivisions are unlikely to require a cumulative impacts analysis. The deVintage
Subdivision does not meet any of the three criteria of private development projects that can
clearly result in cumulative impacts. The applicant will comply with the applicable local and
state regulations pertaining to water quality, therefore, we do not anticipate downstream
degradation.
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
Page 8 of 9
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).
NA
Applicant/Agent's Signature ' Plate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

by UF'FEg'`
op - WATER
GRAPNTC7?rAi R+H
40 0 20 40 80
PROPOSED IMPACTS 1,305 SF
1 inch 40 ft.
LA PROPOSED WETLAND WITHERS RAVENEL
f?GSTON COMMONS
IMPACT MAP ENSINEERS I PLANNERS I SURVEYORS
GARY WAKE Nonh Carolina
Site Access/Agent Authorization Form
Project Name:
Ar-17P?E ,
O?'J
Property Owner/Contract Purchaser: L LC
Address: 00
??y+GSt E 2-E? c?G
Phone:
Fax: 55 7 - 333
Email: JI,c)P BUiL0E ZS@ . 20-. C?OY?
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenet to act on my behalf as my agent when cor)ducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: Date: 03 c?? d6
(Print Name)
ignature)
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project #02030314:10 Date: 3/1/06
Applicant /Owner: JWM Developers LLC County: Wake
State: NC
Investigator:__ Todd Preuninger

Do normal circumstances exist on the site? Yes M No ? Community ID:Uoland HWD
Is the site significantly disturbed (Atypical situation)? Yes II No Transect ID:
Is the area a potential problem area? Yes II No Plot ID: Near Flag 15
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubrum Tree FAC 9. _
2. Smilax rotundifolia Vine FAC 10. _
3. Liquidambar styractgua Tree FAC+ 11.
4. Prunus serotina Tree FACU 12. _
5. Quercus alba Tree FACU 13. -
6. Pinus taeda Tree FAC 14.
- -
7. _ 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 67%
Remarks:
Hydrophytic Vegetation Present
HYDROLOGY
M Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
II Stream, Lake, or Tide Gauge
II Aerial Photographs • Primary Indicators:
II Other II inundated
II Saturated in Upper 12"
f No Recorded Data Available II Water Marks
II Drift Lines
Field Observations: Q Sediment Deposits
II Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: >12 (in.) Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) ? Local Soil Survey Data
[1 FAC-Neutral Test
II Other (Explain in Remarks)
Remarks:
Hydrology Indicators Absent.
41 G
SOILS
WETLAND DETERMINATION
Map Unit Name
(Series and Phase): Appling (ApC2) Drainage Class: Well Drained
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes? No[]
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B 10YR 5/2 Sandy Loam
6-12 C 10YR 6/4 Sandy Loam
Hydric Soil Indicators:
L1 Histosol II Concretions
II Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
II Sulfidic Odor LZOrganic Streaking in Sandy Soils
II Aquic Moisture Regime LLListed On Local Hydric Soils List
II Reducing Conditions n Listed on National Hydric Soils List
L1 Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
Hydrophytic Vegetation Present? Yes a No Is the Sampling Point
Wetland Hydrology Present? Yes L1 No Within a Wetland? YesII NoII
Hydric Soils Present? YesII No
Remarks:

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: W&R Project #02030314.10 Date: 3/1/06
Applicant / Owner: JWM Developers LLC County: Wake
State: NC
Investigator: Todd Preuninger

Do normal circumstances exist on the site? Yes 0 No II Community ID Drained Pond
Is the site significantly disturbed (Atypical situation)? Yes II No M Transect ID:
Is the area a potential problem area? Yes II No M Plot ID: Near Flag 15
(explain on reverse if needed)
VEGETATION
HYDROLOGY
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effusus Herb FACW+ 9. -
2. Salix niera Tree 6131, 10. -
3. Typha latifolia Tree OBL 11.
4. Scirpus cyperinus Grass 0131, 12.
5. Carex lupulina Grass 0131, 13.
- -
6. - 14.
-
7. - - 15.
-
$. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
Hydrophytic Vegetation Present
? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
n Stream, Lake, or Tide Gauge .
1 Aerial Photographs Primary Indicators:
II Other II Inundated
Saturated in Upper 12"
No Recorded Data Available. Q Water Marks
1 Drift Lines
Field Observations: II Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Depth to Free Water in Pit: 02 (in.) Oxidized Roots Channels in Upper 12"
II Water-Stained Leaves
Depth to Saturated Soil: 0 (in.) II Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Hydrology Indicators Present..

SOILS
WETLAND DETERMINATION
Map Unit Name
(Series and Phase): Worsham (Wy) Drainage Class: Poorly Drained
Taxonomy (Subgroup): Typic Ochraquults Confirm Mapped Type? Yes? Noa
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B I OYR 5/2 Sandy Loam
6-12 C IOYR 6/4 Sandy Loam
Hydric Soil Indicators:
-1 Histosol -I Concretions
Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils
1 Sulfidic Odor LjOrganic Streaking in Sandy Soils
II Aquic Moisture Regime QListed On Local Hydric Soils List
II Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors II Other (Explain in Remarks)
Remarks:
Hydric Soils Absent
Hydrophytic Vegetation Present? Yes [( No Is the Sampling Point
Wetland Hydrology Present? Yes II No Within a Wetland? Yesa NoM
Hydric Soils Present? Yes II No
Remarks:

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
NOTE : Revised 4/19/06
Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
1. Name of Applicant or Agent
2. Name of Business of Applicant or Agent
erA
3. Mailing Address (Street or PO Box)
__._ __ I
1.1......___'!'I?.tr ..... _...... b.?. ?? ........................_- ..
4. City, State, Zip
4z........7 ................ .... .................... ..__.
? ?..--_.....___...........__......_..........
5. Telephone (eg, 919-555-1212) - /'5?` - ?
R!! q
7

' _
6. Fax (optional) _ _.........
...__
... .....,....._ ........_.. .__._.......... _...._....._.........._.-._._........... -_
2099
2!38
q1 R

7. E-mail (optional) ._.-
_._........_....._....._?._.._..._....._
?_..
re(.?I? irtJc ....._ ...w.. ? ke ._-5._?ader
8. Project Name
d? _-5b...,:,,s.?h_.............
9. Project Location (nearest town, city)
Car
10. Lat-Long Coordinates (optional) o
5
. 1 ?_ ti............ _._...... 7F.. ,7__7o$SZ
11. Project County
.._..._..... _____.......
.... __ .
.................................._._....91__......_x..._.
j
; 12. River Basin
__... _ _ _ _ _ ---.._..___ _ .._........._.._.._........._._._... _ _....
_...? /
...... ......../_`?C?.u ....... .._. ......._....... ................................_........................................
13. Cataloging Unit (8-digit)
.
d
3
o
Z
o

i
14. Riparian Wetland Impact (ac.) (e.g., 0.13)

i . ................................................................. .
-
_
.._
.
.
_'__.......---.__._._.__._._.....-.__---.........-.._._.-._._.._....__.__.......___._..._....__.._....-..__
15. Non-Riparian Wetland.._ .. _.Impact (ac.)
_
_
._.
_..
__.
. -'--- ..__._._... -
- _..-.'
,
..
._
.i -._.._.. ............:_...._.......... ........ .................... _..... -.......... ......................... ............ ................... ................................ ........... ..... ........ ...... ............
O. IZ //
..........
..._...................
.........................-.
....:-...
.
........ ....................
..
..
.
._ .
.
....
.
.
.
.
.
-
_
_
16. Coastal Marsh Impact (ac.) .
. .
_.
....
.
..
.................__........................................
.
.
.
.
.
....
.

i

17. Stream Impacts-Cold (ft.) (e.g. 1,234)

i
1 ........... ....._................................ .......... .........._......... ...... .......................... ................................ ........
......
..._..__..__ .. - .....__..._ ..._ ..._....... _ .. .......... _._...... _.......... ...... ..._..... _.... __._..
18. Stream Impact-Cool (ft.) ._.__ _...._ .............._.............._......................._._................................. ............._.................................................... ............................... ....... .....
_
_ ...._....._.... _.......__..... ....... _- ....._..._._............ ' --...._..._._... _._._.
19. Stream Impact-Warm (ft.)

j .. . ..
20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345)
--'- -------...... __?.__... --..._...... ._..._........ _.....
21. Buffer Impact-Zone 2 (sq. ft.) _ ....:
j ..........................__...._........__.._................._.........._..............._.........................
f Check (a) below if this request is a: Signature pplicant or Agent:
_ revision to a current acceptance, or
re-submission of an expired acceptance
Date:
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EP A's "Surf Your Watershed" web page:
http://cfpub.epa.gov/surf/locate/index.cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]
el.
4w
I
?OF W A rF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
January 12, 2005
DWQ EXP No. 04-1940
Wake County
• Page 1 of 4
JWM Developers
Attn: Wayne Massengill
3600 Brookshire Lane
Fuquay-Varina, NC 27526
Subject Property: deVintage Subdivision (formerly known as Langston Commons)
UT to Dutchman's Branch [03-04-02, 27-43-4.5, WS-III, NSW]
UT to Camp Branch [03-04-02, 27-43-15-5, C NSW]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
EXPRESS REVIEW PROGRAM
Dear Mr. Massengill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.093 acres of wetlands, 54 feet of streams and 10,231 square feet (ft) of
protected riparian buffers for the purpose of a subdivision at the subject property, as described within
your application dated December 14, 2004 and all additional information submitted and received by our
office on December 22, 2004 and January 11, 2005. After reviewing your application, we have decided
that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality
Certification Number 3402 (GC3402). The Certification allows you to use Nationwide Permit(s) 18 or 39
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and Water Supply Watershed Protection regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions:
1. Impacts Approved ??ILI
NOne Cato 1 a
401 Wetlands Certification Unit tuCa<y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
t
JWM Developers
Page 2 of 4
1/12/05
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 54 (feet) Wetlands Impact Map (1/11/0 )
404 Wetlands 0.093 (acres) Wetlands Impact Map (1/11105)
Buffers 10,231 (square ft.) Wetlands Impact Ma (1/11105)
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 6,221 square feet as required
under this Authorization Certificate and 15A NCAC 213 .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the Riparian Buffer
y Restoration Fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 7,785 W of Zone 1 and 5,439 fe of Zone 2 required riparian
buffer mitigation for impacts to 6,221 ft2 of protected riparian buffers (2,595 Zone 1 & 3,626 Zone
2); 03-04-02 river and subbasin."
3. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B.0233(5).
4. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) dated January 11, 2005, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied
at the subject site. The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality. Stormwater easements shall
be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, constructed
wetlands and wet ponds on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform
corrective actions as described above and shall provide protection of the structures from potential
alternations by future property owners.
The Operation & Maintenance (O&M) agreement signed by the current landowner has been approved
by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
5. Protective Fencing
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JWM Developers
Page 3 of 4
1/12/05
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B 33
and GC 3402.
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwaterto be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.ne.us/su/Forms Documents.htm.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
8. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
9. ` No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
10. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
a' {

JWM Developers
Page 4 of 4
1/12/05
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at
the letterhead address within 10 days of the commencement of construction.
1
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502.
i
Sincerely,
{
AWK/dae
Attachments:
Certificate of Completion
GC 3402
Cc: Sean Clark-S&EC
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041940deVintage(Wake)EXP+buffer
.R
0F. W A TSP. Q
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_v
C Jia?
o ?
Mr. Todd Preuninger
Withers & Ravenel
11 l MacKenan Drive
Cary, NC, 27511
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 3, 2006
J41V 0 6 7006
Withers
?c73?iN .?
Subject Property: Buffer Determination Appeal for Stream Feature A,
De Vintage Subdivision (formerly Langston Commons/TenTen Road Site),
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Preuninger:
On December 30, 2005, at your request I conducted an on-site determination to review a feature located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "A" on the attached map initialed by me on December 30, 2005. Division of Water Quality
(DWQ) Staff had previously conducted an on-site determination of the feature. In your letter to the
Director dated December 5, 2005, you requested an appeal of the determination as provided within 15A
NCAC 02B.0233(3)(a).
At your request, I conducted an appeal of the determination as stated above. During my review I
determined that feature "A" is an intermittent stream starting at the dam and continues downstream.
Previously, the feature had been flagged further upstream of the dam within the old drained pond bed.
The DWQ has determined that the stream labeled as "A" on the attached map is not subject to the
Neuse Buffer Rule upstream of the dam, but is subject downstream of the dam. This determination
shall replace the determination originally performed by this Office.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
I State.. If you have any additional questions or require additional information please call me at (919) 733-
9721. This determination is subject to review as provided in Articles 3 & 4 of G.S..150B.
Sincerely,
Cyndi Karoly, Alan W. Klimek, P.E.
401 Oversight and Express Permitting Unit
AWKlcbk
401 Oversight/Express Review Permitting Unit No"' tttCarolina
atllrRlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Mtemet http://h2o,enr.state.ne.tis/ncwctlands
DWQ Project # 20041647
Wake County
Page 1 of 2
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
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CERTIFIED MAIL
Withers & Ravenel
Attn: Todd Preuninger
117 MacKenan Drive
Cary, North Carolina 27511
Subject: deVintage Subdivision
Dear Mr. Preuninger:
May 9, 2006
Wake County
40
On May 8, 2006 the Wetlands/401 Unit of the Division of Water Quality received the project package on behalf
of JWM Developers, LLC, Wake County, North Carolina. DWQ is unable to move forward with this project and
has returned the application package to you for the following reasons:
• The PCN Application was not signed and dated on page 9 by the Applicant/Agent
• Signed agent authorization letter will be necessary if Withers & Ravenel is acting on behalf of JWM
Developers, LLC
• DWQ requires the name of an individual associated with JWM Developers, LLC as Owner/Applicant
If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919)-733-1786.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Unit
CBK/ljd
Enclosure: 401 Permitting application package
Check # 28217
CC: JWM Developers, LLC, 6600 Brookshire Drive, Fuquay-Varina, NC 27526
File copy + check copy
deVintageSD(Wake)_retu for signature
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
OR" Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

SUNTRUST ;
ACH RT 061000104
WITHERS & RAVENEL,'INC. 66-46-531
111 MACKENAN DRIVE ,
CARY, NC 2751 t CHECK DATE May 5, 2006
PAY Two Hundred and 00/100 Dollars f
AMOUNT $200.00
TO NC DENR-DWQ
1110282.L4ii' 1:053'L004651:0000L710544LSill