20051743 Ver 1_Complete File_20050914

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Office Use Only: 2 O OF r ; ersi n4May 2002 7 3
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D
1. Owner/Applicant Information `SFP 14 2005
Name: Hugh J. Gileece F?r Mailing Address: 875 Walnut Street Suite 360No- ?RQU?m'
Cary, N. C. 27511 K&H
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitchell5l@,yahoo.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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIlN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Carv
Parkway. Turn left. Property 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Propertyys partially open with some existing forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No prior permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the property. Cgry has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact
Site Number Area of Located within Distance to
(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
ma) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.V'ov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-,Niv.topozone.com,
wim.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetiands/strm(ide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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. mpact
Zone* (s Iuare feet) Multiplier ire
M Re itquig t on
1 6,011 3
2 7,250 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of CM sani sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Ap ' nt/ gent's Signature D to
(Agent's`si ture ' valid only if an authorization letter from the applicant is provided.)
Pan 12 of 12
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Office Use Only: Form Version May 2002
20051743
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information D IE 12 9 R
DU
1. Owner/Applicant Information S H P 14 2005
Name: Hugh J. Gileece
Mailing Address: 875 Walnut Street Suite 360 DENR-WATER Ol1A11iY
Cary, N. C. 27511 WETLANDS AND STORMWATM BRANCH
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitchell51 @yahoo.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 5 of 12
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: Kilampy Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cm
Parkway. Turn left. Property 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property is partially open with some existing forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No pri or permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the property. Cary has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact
Site Number Area of Located within Distance to

(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
ma) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://«-%vw.fema.iov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact's Length of
Impact
(linear feet)
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
nivw.usgs.gov_. Several intemet sites also allow direct download and printing of USGS maps (e.g., wNrlv.topozone.com,
Nrm%v.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strm,,ide.html.
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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/Nvrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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# (sqImpact uare feet Multiplier Mitig Required
1 6,011 3
2 7,250 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
PA
AP nt/ gent's Signature DAte
(Agent's si valid only if an authorization letter from the applicant is provided.)

Page 12 of 12
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Office Use Only: Form Version May 2002
2 0 (? 5
USACE Action ID No. DWQ No. 1 4 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
F r= /;::?,
,?MOWRP
Owner/Applicant Information SEP 14 2005
Name: Hugh J. Gileece -_.
Mailing Address: 875 Walnut Street Suite 360 wFiLANOSANo1ATER RANCH
Cary, N. C. 27511
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitche115I@,yahoo.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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cary
ght
Parkway. Turn left. Property 100 feet on ri
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Prope is partially open with some existing, forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No prior permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the propert.CM has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number
(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***

map) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hxAr-Nv.fem t.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
«1vw.usgs.v. Several internet sites also allow direct download and printing of USGS maps (e.g., Nrww.topozone.com,
NvxvNv.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm_gide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hUp://h2o.enr.state.nc.us/carp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
1 6,011 3
2 7,250 1.5
Total
' "Lone 1 extends out 30 feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page I 1 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

(Agent's suture i3 valid only if an authorization letter from the applicant is provided.)
Paee 12 of 12
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-

Office Use Only: Form Version May 2002
20051743
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D r?
1. Owner/Applicant Information D
Name: Hugh J. Gileece S F P 1 4 7n05
Mailing Address: 875 Walnut Street Suite 360
Cary, N. C. 27511 DENR - WATER QUALITY
Telephone Number: 469-1101 Fax Number: 460-7637 ANDS riviovRTER BRANCH
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: [e-mail]
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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIlN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town: CM
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cacti
Parkway. Turn left. Properly 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property is partially open with some existing forest.
Adiacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No pri or permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the properly. Cary has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on (acres) (yes/no) (linear feet)
map)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://«iyNv.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please. specify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
x wvlv.uses.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wAvw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strm?;ide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/Nvm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
1 6,011 3
2 7,250 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
M cl { ti; z),?
(Agent's
Y
gent's Signature D' to
valid only if an authorization letter from the applicant is provided.)
Paize 12 of 12
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October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
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?H1?R?y?SERS
GENR?O S?pRb
ANpS
Subject: Kilamey Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
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I
O C, 2 0 205
0
VEWDS ANDD S OF M A AVER BNCH
Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buff are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalis are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood`(Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
D
ocr
20
200
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voS4%' 3'T?rRQUgl1n
rke?CH
Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots I and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Cornus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi KaroIy
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
RD 9@2oeRD
OCT z o zoos
DENR - WATER QUALITY
NyETLANDS AND STQ?I'?/' TER BFWXH
Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalis are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots I and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet
;W
October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
#)W@4?w
?CT 2
2005
4'FT S&VDSA
oRih? VALITy
A7Rs%CN
Subject: Kilarney Pointe
UT to Swift Creek [030402, 27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet
DWg05-1743 Kilamey Pointe
Subject: DWQ 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Mon, 21 Nov 2005 09:00:23 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)Return application.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 11/21/2005 9:00 AM
[Fwd:,Kilamey Poine DWQ 05-1743]
Subject: [Fwd: Kilarney Poine DWQ 05-1743]
From: John Dorney <[e-mail]>
Date: Fri, 04 Nov 2005 11:20:45 -0500
To: Laurie Dennison <[e-mail]>
please print out this email and put file in my inbox. thankx
Subject: Kilarney Poine DWQ 05-1743
From: Steve Mitchell <srrnitche1151 @yahoo.com>
Date: Wed, 2 Nov 2005 15:19:14 -0800 (PST)
To: [e-mail]
John,
I hope this can be easily cleared up as I stated in the parking lot Monday. Your letter dated Oct. 25
requested information that is available in my reply dated Oct. 18.
1. Total impervoius is listed in top right
2. Stormwater outfalls are indicated by black boxes with collection lines.
3. Stormwater is to be treated on parcel 3 as per Cary regulations.
I can provide the information for the treatment on that off site lot if needed.
Please advise and thanks in advance.
Mitchell
Yahoo! FareChase - Search multiple travel sites in one click.
Content-Type: message/rfc822
Kilarney Poine DWQ 05-1743:
Content-Encoding: 7bit
1 of 1 11/4/2005 11:21 AM
DWQ ?5-1743 Kilamey Pointe
Subject: DWQ # 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Wed, 26 Oct 2005 08:08:02 -0400
To: srmitche1151 @yahoo.com
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. *Please
do not send your response as a reply to this e-mail or via fax.* The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)On Hold 2.doc'I Content-Type: application/msword
Content-Encoding: base64
1 of 1 10/26/2005 8:08 AM
DWQ # 05-' 743 Kilamey Pointe
Subject: DWQ # 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Mon, 26 Sep 2005 15:27:06 -0400
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)On Hold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 9/26/2005 3:27 PM
DWQ# 0005 1-143
Date , `- `, 0J
Who Reviewed: ' S 1 K
Plan Detail Incomplete
? Please provide a location map for the.project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
Z
F1 Please show all wetland impacts including fill slopes on the site plan. V-'
eS ? n
? Please indicate all buffer impacts on the site plan.
?l
? Please indicate proposed lot layout as overlays on the site plan. OJA O-A-? r
Please indicate the location of the protected buffers as overlays on the site plan. t A;
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? I
? Please provide detail for the stormwater management practices as required by GC
Please specify (eper:cen)of project imperviousness area based on the estimated buili-out conditions. v t
? Please indicate all stormwater outfalls on the site plan. `7 { ? U S?
Please indicate the diffuse flow provision measures on the site plan' t 61
El . Please indicate whether or not the proposed impacts already been conducted°S t, 1 o?J ?Q . S t.sr S
Avoidance and/or Minimization Not Provided 1-i-1
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project. C?
? This Office believes that the labeled on the plans as can be moved. or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimise the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through.the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? ' The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? -Please provide
Mitigation
copies of the application, % copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
Steve Mitchell
Environmental Consulting
1813 Lancaster Drive
Garner, North Carolina
27529
919-550-9055
919-971-6598 mobile
srmitchell51 @yahoo.com

?` (?Q? iwoo iwjdelsin MMM le 33x3 aye spjeo ssauisng
-rtd
p
i ?OF W A TF9 Michael F. Easley, Governor
\0 ?i William G. Ross Jr., Secretary
?/J r North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
November 18, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402,27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005, the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. This application was placed on hold with our letter of
September 25, 2005. Your consultant (Mr. Steve Mitchell) responded to that letter on October
18, 2005 (received in the Division on October 20, 2005). On October 25, 2005, the Division
again asked for additional information since the October 18 response did not address all of the
issues raised in our September 25 letter. On November 2, 2005, we received an email from Mr.
Mitchell that still does not answer the issues raised in our September 25 and October 25 letters.
The DWQ has determined that your application is still incomplete and/or provided inaccurate
information as discussed below. Therefore we are returning your application as incomplete and
will require you to reapply and pay an additional 401 Certification fee for this approval. With
that new submittal, please be sure that all the issues raised in our September and October letters
are clearly addressed. The issues in our October 25 letter that are still outstanding are repeated
below so you can more efficiently address them in your next submittal.
Additional Information Requested in our September and October letters:
1. Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
2. Please indicate all stormwater outfalls on the site plan.
3. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
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•//h2o.enr.state.nc.us/ncwetlands
N Carolina
Nom"
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Hugh J. Gileece
Page 2 of 2
November 18, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Mr. John Dorney or Mr. Ian McMillan
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
JRD/jrd
V
Dorn-ey
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529
Filename: 051743KilarneyPointe(Wake)Returnapplication
___. - t
DWg05-1743 Kilamey Pointe
Subject: DWQ 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Mon, 21 Nov 2005 09:00:23 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)Return application.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 11/21/2005 9:00 AM
[Fwd:,Kilamey Poine DWQ 05-1743]
Subject: [Fwd: Kilarney Poine DWQ 05-1743]
From: John Dorney <[e-mail]>
Date: Fri, 04 Nov 2005 11:20:45 -0500
To: Laurie Dennison <[e-mail]>
please print out this email and put file in my inbox. thankx
Subject: Kilarney Poine DWQ 05-1743
From: Steve Mitchell <srrnitche1151 @yahoo.com>
Date: Wed, 2 Nov 2005 15:19:14 -0800 (PST)
To: [e-mail]
John,
I hope this can be easily cleared up as I stated in the parking lot Monday. Your letter dated Oct. 25
requested information that is available in my reply dated Oct. 18.
1. Total impervoius is listed in top right
2. Stormwater outfalls are indicated by black boxes with collection lines.
3. Stormwater is to be treated on parcel 3 as per Cary regulations.
I can provide the information for the treatment on that off site lot if needed.
Please advise and thanks in advance.
Mitchell
Yahoo! FareChase - Search multiple travel sites in one click.
Content-Type: message/rfc822
Kilarney Poine DWQ 05-1743:
Content-Encoding: 7bit
1 of 1 11/4/2005 11:21 AM
Michael F. Easley, Governor
William G. Ross Jr., Secretary
• • r North Carolina Department of Environment and Natural Resources
%-.I
'r Alan W. Klimek, P.E. Director
Division of Water Quality
October 25, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402, 27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005,'the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. The DWQ received additional information on October
20, 2005. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 211.0506 and will place
this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
2. Please indicate all stormwater outfalls on the site plan.
3.. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
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: htro://h2o.enr.state.nc.us/ncwetlands
orle
Np
i Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Mr. Hugh J. Gileece
Page 2 of 2„
October 25, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
C ?diKaroly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529
Filename: 0517431 ilarneyPointe(Wake)On_Hold_2
DWQ ?5-1743 Kilamey Pointe
Subject: DWQ # 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Wed, 26 Oct 2005 08:08:02 -0400
To: srmitche1151 @yahoo.com
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. *Please
do not send your response as a reply to this e-mail or via fax.* The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)On Hold 2.doc'I Content-Type: application/msword
Content-Encoding: base64
1 of 1 10/26/2005 8:08 AM
DWQ# 0005 1-143
Date , `- `, 0J
Who Reviewed: ' S 1 K
Plan Detail Incomplete
? Please provide a location map for the.project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
Z
F1 Please show all wetland impacts including fill slopes on the site plan. V-'
eS ? n
? Please indicate all buffer impacts on the site plan.
?l
? Please indicate proposed lot layout as overlays on the site plan. OJA O-A-? r
Please indicate the location of the protected buffers as overlays on the site plan. t A;
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? I
? Please provide detail for the stormwater management practices as required by GC
Please specify (eper:cen)of project imperviousness area based on the estimated buili-out conditions. v t
? Please indicate all stormwater outfalls on the site plan. `7 { ? U S?
Please indicate the diffuse flow provision measures on the site plan' t 61
El . Please indicate whether or not the proposed impacts already been conducted°S t, 1 o?J ?Q . S t.sr S
Avoidance and/or Minimization Not Provided 1-i-1
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project. C?
? This Office believes that the labeled on the plans as can be moved. or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimise the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through.the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? ' The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? -Please provide
Mitigation
copies of the application, % copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
?` (?Q? iwoo iwjdelsin MMM le 33x3 aye spjeo ssauisng

October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
?D
? o .?pp5
It
00 a?PL????N
?H1?R?y?SERS
GENR?O S?pRb
ANpS
Subject: Kilamey Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
@gV9%
I
O C, 2 0 205
0
VEWDS ANDD S OF M A AVER BNCH
Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buff are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalis are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood`(Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
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Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots I and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Cornus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet

October 18, 2005
Division of Water Quality
Ms. Cyndi KaroIy
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
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DENR - WATER QUALITY
NyETLANDS AND STQ?I'?/' TER BFWXH
Subject: Kilarney Pointe
UT to Swift Creek [030402,27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalis are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots I and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet
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October 18, 2005
Division of Water Quality
Ms. Cyndi Karoly
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
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Subject: Kilarney Pointe
UT to Swift Creek [030402, 27-43-(8), C, NSW]
DWQ Project # 05-1743
Additional Information Request
Cary, Wake County
Dear Ms. Karoly:
In response to the Certified Mail Return Receipt Request letter dated September 26, 2005
and received by Mr. Jay Gileece, I am providing the following:
1. Please show all buffer impacts on the site plan.
All buffer impacts are indicated. Total impacts to the buffer are 12,845 square
feet (Zone 16,114 sf and Zone 2 6,731 sf).
2. Please indicate proposed commercial building layout as overlays on the site
plan.
The proposed building footprints are indicated in addition to the impervious
area required for the parking lots.
3. Please specify the percent of project imperviousness area based on the
estimated built-out conditions.
Lots 1 and 2 (2.2871 acres) of the subject property shall not exceed 70%
impervious.
4. Please indicate all stormwater outfalls on the site plan.
All stormwater outfalls are indicated.
5. Please indicate the diffuse flow provision measures on the site plan, including
worksheets for facilities such as level spreaders.
Lot 3 has been constructed as per Cary Stormwater Regulations to provide
stormwater treatment and retention for the stormwater generated by the new
impervious on Lots 1 and 2.
6. Is it possible to shift the road alignment to the east in order to place the road
crossing over an existing culvert? If not, please describe the constraint on the
corridor adjacent to Cary Parkway.
Every attempt was made to minimize the impact to the buffer. Cary
streetscape requires a fifty (50) foot sight buffer to be placed adjacent to the
property along the Cary Parkway forcing the alignment into the displayed
configuration.
In addition, native species of trees will be planted along the impact slope of the road
crossing, used depending upon availability from the following list:
River birch (Betula nigra)
Black willow (Salix nigra)
Willow oak (Quercus phellos)
Green ash (Fraxinus pennsylvania)
Sycamore (Platanus occidentalis)
Water oak (Quercus nigra)
In addition, small trees and shrubs will be planted to enhance the esthetic appeal of the
"natural" area. These will be selected from, but not limited to the following:
Sugar maple (Acer floridum)
Deciduous holly (Ilex deciduas)
Ironwood (Carpinus caroliniana)
Silky dogwood (Corpus amomum)
Virginia willow (Itea virginica)
Azalea (Rhododendron spp)
If you have any questions or are in need of additional information, please do not hesitate
to contact me. I can be reached at either [phone], nights at 550-9055, or
[e-mail]. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
srm:lbjaddinfolet
??F W ~ ! F9Q 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
September 26, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402,27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005, the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Please show all buffer impacts on the site plan.
2. Please indicate proposed commercial building layout as overlays on the site plan, and
describe the type of facilities proposed.
Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
4. Please indicate all stormwater outfalls on the site plan.
5. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
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: http://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Hugh J. Gileece s
Page 2 of 2
September 26, 2005
6. Is it possible to shift the road alignment to the east in order to place the road crossing
over an existing culvert? If not, please describe the constraints on the corridor adjacent to
Cary Parkway.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
dft??W-'t?4
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Rename: ename: 051743 KilarneyPointe(W ake)O n_Hold
DWQ # 05-' 743 Kilamey Pointe
Subject: DWQ # 05-1743 Kilarney Pointe
From: Laurie Dennison <[e-mail]>
Date: Mon, 26 Sep 2005 15:27:06 -0400
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051743KilarneyPointe(Wake)On Hold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 9/26/2005 3:27 PM
jjar+; ;Y' J
Office Use Only: 2 O OF r ; ersi n4May 2002 7 3
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D
1. Owner/Applicant Information `SFP 14 2005
Name: Hugh J. Gileece F?r Mailing Address: 875 Walnut Street Suite 360No- ?RQU?m'
Cary, N. C. 27511 K&H
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitchell5l@,yahoo.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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIlN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Carv
Parkway. Turn left. Property 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Propertyys partially open with some existing forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No prior permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the property. Cgry has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact
Site Number Area of Located within Distance to
(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
ma) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.V'ov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-,Niv.topozone.com,
wim.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetiands/strm(ide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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. mpact
Zone* (s Iuare feet) Multiplier ire
M Re itquig t on
1 6,011 3
2 7,250 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of CM sani sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Ap ' nt/ gent's Signature D to
(Agent's`si ture ' valid only if an authorization letter from the applicant is provided.)
Pan 12 of 12
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Office Use Only: Form Version May 2002
20051743
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information D IE 12 9 R
DU
1. Owner/Applicant Information S H P 14 2005
Name: Hugh J. Gileece
Mailing Address: 875 Walnut Street Suite 360 DENR-WATER Ol1A11iY
Cary, N. C. 27511 WETLANDS AND STORMWATM BRANCH
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitchell51 @yahoo.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 5 of 12
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: Kilampy Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cm
Parkway. Turn left. Property 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property is partially open with some existing forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No pri or permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the property. Cary has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact
Site Number Area of Located within Distance to

(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
ma) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://«-%vw.fema.iov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact's Length of
Impact
(linear feet)
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
nivw.usgs.gov_. Several intemet sites also allow direct download and printing of USGS maps (e.g., wNrlv.topozone.com,
Nrm%v.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strm,,ide.html.
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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/Nvrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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# (sqImpact uare feet Multiplier Mitig Required
1 6,011 3
2 7,250 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
PA
AP nt/ gent's Signature DAte
(Agent's si valid only if an authorization letter from the applicant is provided.)

Page 12 of 12
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Office Use Only: Form Version May 2002
2 0 (? 5
USACE Action ID No. DWQ No. 1 4 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
F r= /;::?,
,?MOWRP
Owner/Applicant Information SEP 14 2005
Name: Hugh J. Gileece -_.
Mailing Address: 875 Walnut Street Suite 360 wFiLANOSANo1ATER RANCH
Cary, N. C. 27511
Telephone Number: 469-1101 Fax Number: 460-7637
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: srmitche115I@,yahoo.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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cary
ght
Parkway. Turn left. Property 100 feet on ri
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Prope is partially open with some existing, forest.
Adjacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No prior permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the propert.CM has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number
(indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***

map) (acres) (yes/no) (linear feet)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hxAr-Nv.fem t.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
«1vw.usgs.v. Several internet sites also allow direct download and printing of USGS maps (e.g., Nrww.topozone.com,
NvxvNv.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm_gide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hUp://h2o.enr.state.nc.us/carp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
1 6,011 3
2 7,250 1.5
Total
' "Lone 1 extends out 30 feet perpendicular from near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page I 1 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

(Agent's suture i3 valid only if an authorization letter from the applicant is provided.)
Paee 12 of 12
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-

Office Use Only: Form Version May 2002
20051743
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit X Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D r?
1. Owner/Applicant Information D
Name: Hugh J. Gileece S F P 1 4 7n05
Mailing Address: 875 Walnut Street Suite 360
Cary, N. C. 27511 DENR - WATER QUALITY
Telephone Number: 469-1101 Fax Number: 460-7637 ANDS riviovRTER BRANCH
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Steve Mitchell
Company Affiliation: Consultant
Mailing Address: 1813 Lancaster Drive
Garner, N. C. 27529
Telephone Number: 550-9055 971-6598
E-mail Address: [e-mail]
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 5 of 12
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: Kilarney Pointe
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIlN):Lot 1- 0753219722 Lot 2-0753217892
4. Location
County: Wake Nearest Town: CM
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Old Apex Highway to S W Cacti
Parkway. Turn left. Properly 100 feet on right
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 2.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property is partially open with some existing forest.
Adiacent parcels under development.
10. Describe the overall project in detail, including the type of equipment to be used: Bulldozer,
track hoe, pan, etc. Normal construction equipment
11. Explain the purpose of the proposed work: Development of commercial site.
Page 6 of 12
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.
No pri or permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permitting 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
One hundred foot road crossing to proide entrance to the two portions of the properly. Cary has
required road to access adjacent storage facility. Stream will be placed in rcp with inlet
protection and outlet dissipater.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on (acres) (yes/no) (linear feet)
map)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 7 of 12
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://«iyNv.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None. Wetlands
contained within stream
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please. specify)
1 Road crossing 100 UT Swift Creek 2 feet I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
x wvlv.uses.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wAvw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100 linear feet of stream
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: None proposed.
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.
Page 8 of 12
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Stream is conveyed to the site by concrete pipe. Buffer begins at outlet. Stormwater treatment
for the new impervious substrate placed onsite will be treated in accordance with the Town of
CM's Stormwater Ordinance
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
Page 9 of 12
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strm?;ide.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.
No mitigation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/Nvm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes XNo ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
1 6,011 3
2 7,250 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Zero % currently on site. Less than &0% as per Cary Stormwater Ordinance after construction
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.
Town of Cary sanitary sewer
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
M cl { ti; z),?
(Agent's
Y
gent's Signature D' to
valid only if an authorization letter from the applicant is provided.)
Paize 12 of 12
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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
November 18, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402,27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005, the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. This application was placed on hold with our letter of
September 25, 2005. Your consultant (Mr. Steve Mitchell) responded to that letter on October
18, 2005 (received in the Division on October 20, 2005). On October 25, 2005, the Division
again asked for additional information since the October 18 response did not address all of the
issues raised in our September 25 letter. On November 2, 2005, we received an email from Mr.
Mitchell that still does not answer the issues raised in our September 25 and October 25 letters.
The DWQ has determined that your application is still incomplete and/or provided inaccurate
information as discussed below. Therefore we are returning your application as incomplete and
will require you to reapply and pay an additional 401 Certification fee for this approval. With
that new submittal, please be sure that all the issues raised in our September and October letters
are clearly addressed. The issues in our October 25 letter that are still outstanding are repeated
below so you can more efficiently address them in your next submittal.
Additional Information Requested in our September and October letters:
1. Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
2. Please indicate all stormwater outfalls on the site plan.
3. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
No thCarolina
401 Oversight/Express Review Permitting Unit ?Natura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Hugh J. Gileece
Page 2 of 2
November 18, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Mr. John Dorney or Mr. Ian McMillan
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
JRD/jrd
V
Dorn-ey
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529
Filename: 051743KilarneyPointe(Wake)Returnapplication
___. - t
Michael F. Easley, Governor
William G. Ross Jr., Secretary
• • r North Carolina Department of Environment and Natural Resources
%-.I
'r Alan W. Klimek, P.E. Director
Division of Water Quality
October 25, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402, 27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005,'the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. The DWQ received additional information on October
20, 2005. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 211.0506 and will place
this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
2. Please indicate all stormwater outfalls on the site plan.
3.. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
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: htro://h2o.enr.state.nc.us/ncwetlands
orle
Np
i Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Mr. Hugh J. Gileece
Page 2 of 2„
October 25, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
C ?diKaroly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529
Filename: 0517431 ilarneyPointe(Wake)On_Hold_2
??F W ~ ! F9Q 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
September 26, 2005
DWQ Project # 05-1743
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Hugh J. Gileece
875 Walnut Street, Suite 360
Cary, NC 27511
Subject Property: Kilarney Pointe
Ut Swift Creek [030402,27-43-(8), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gileece:
On September 14, 2005, the Division of Water Quality (DWQ) received your application dated
September 12, 2005, to impact 100 feet of streams, 6,011 square feet of Zone 1 Neuse River
basin riparian buffers and 7,250 square feet of Zone 2 Neuse River basin riparian buffers to
construct the proposed commercial site. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Please show all buffer impacts on the site plan.
2. Please indicate proposed commercial building layout as overlays on the site plan, and
describe the type of facilities proposed.
Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
4. Please indicate all stormwater outfalls on the site plan.
5. Please indicate the diffuse flow provision measures on the site plan, including worksheets
for facilities such as level spreaders.
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: http://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Hugh J. Gileece s
Page 2 of 2
September 26, 2005
6. Is it possible to shift the road alignment to the east in order to place the road crossing
over an existing culvert? If not, please describe the constraints on the corridor adjacent to
Cary Parkway.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
dft??W-'t?4
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Rename: ename: 051743 KilarneyPointe(W ake)O n_Hold