20051967 Ver 2_Complete File_20060531

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PROGRAM
June 13, 2006
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Residential Development County: Orange
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The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0.145 0 0 0 0 584 35,643 14,186
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
s ,. s mil
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
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William D. Gilmore, PE
Director
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Ecosrstem
PROGRAM
RECEIPT
SLF II NC-Waterstone, LLC
5949 Sherry Lane, Suite 1750
Dallas, TX 75225
Project: Waterstone Drive County: Orange
APR 3 7 2006
April 7, 2006 jjrQ Alp
DWQ #: 05-1967
COE #: N/A
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $97,582.08, check
number 1074, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Wetlands (credits) Stream (credits)
River Basin Cataloging
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Neuse 03020201 0 0 0 0 0 0 101,648
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
William D. Gilmore, PE #V/
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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PROGRAM
NC Residential, LLC
5949 Sherry Lane, Suite 1750
Dallas, TX 75225
Project:
ILF No:
County:
DWQ #:
USACE Action ID:
Amount Paid:
Check Number:
Waterstone
ILF-2006-4549
Orange
05-1967, v2
200640351-268
$ 81,677.50 on 8/28/06
1018
RECEIPT
August 28, 2006
(Total paid $197,247.34)
R19@29YR ro
SEP 0 1 2006
DENR • WATER ?ALI7ti
WEIY.AND3 AND STORMIMA M 8R"I? cn
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer
CU (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse

0302202 0201 0.288 0 0 0 0 584 49,829
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Carol Shaw at [phone].
Sincerely,
3c
I-
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
RPStoruotg... 'E ... Pro", Our .ftat& AV A
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
10 tem
I IT, PROGRAM
SUPPLEMENTARY INVOICE
August 23, 2006
Mr. Jim Ciao
Stratford
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Project: Waterstone Residential Subdivision
ILF No: ILF-2006-4549
County: Orange
DWQ#: 05-1967, v.2
USACE Action ID: 200640351-268
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
2H.0500, the amount you owe is based upon the FY 2006-07 Fee Schedule and has been calculated as follows (Please note: payment
of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson
at 919-715-2228.
Riparian Wetlands 0.5 acres x $ 27,847.00 = $ 13,923.50
Non-Riparian Wetlands 0 acres x $ 13,924.00 = $
Saltwater Wetland 0 acres x $139,235.00 = $
Stream 584 linear feet x $ 232.00 = $ 135,488.00
Buffer 49,829 square feet x $ .96 = $ 47,835.84
TOTAL AMOUNT DUE $ 197,247.34
<LESS AMOUNT PAID 8/21 /2006 (292 ft stream, 49,829 sq ft buffer)> <$ 115,579.84>
BALANCE DUE $ 81,667.50
Please mail a check payable to NCEEP for the Balance Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name, please include a
siened statement that the check is being written on behalf of, and with full knowledge of, the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACE-Raleigh
Eric Kulz, DWQ-Raleigh p ?? ? ?N]? D
Nikki Thomson, S&EC-Raleigh (fax) Q V
File
R,PiS't"DYGKg... EhGAGA:`G(.l.?L... Pro, K? OGGY St'i{?i A U G 2 9 2 0 0 6
UENR - WATER QUALITY
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, RaleigWER"#1R D476 / www.nceep.net
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PROGRAM
INVOICE
August 4, 2006
Mr. Jim Ciao
Stratford
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Project: Waterstone Residential Subdivision
ILF No: ILF-2006-4549
County: Orange
DWQ#: 05-1967, v.2
USACE Action ID: N/A

You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
21-1.0500, the amount you owe is based upon the FY 2006-07 Fee Schedule and has been calculated as follows (Please note: payment
of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson
at 919-715-2228.
Riparian Wetlands 0 acres x $ 27,847.00 = $
Non-Riparian Wetlands 0 acres x $ 13,924.00 = $
Saltwater Wetland 0 acres x $139,235.00 = $
Stream 292 linear feet x $ 232.00 = $ 67,744.00
Buffer 49,829 square feet x $ .96 = $ 47,835.84
TOTAL AMOUNT DUE $ 115,579.84
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a
signed statement that the check is being written on behalf of and with full knowledge of the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
Nikki Thomson, S&EC-Raleigh (fax)
File
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AUG 0 8 2006
WE?iA10STo fRM
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / vvww.nceep.net
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PROGRAM
RECEIPT
August 21, 2006
NC Residential, LLC
5949 Sherry Lane, Suite 1750
Dallas, TX 75225
Project:
ILF No:
County:
DWQ #:
USACE Action ID:
Amount Paid:
Check Number:
Waterstone Residential Subdivision
ILF-2006-4549
Orange
2005-1967
N/A
$ 115,579.84
1015
[e-mail]
AU G 2 2006
DENR • WATER QUALITY
WETLANDS AND STOWWATER BRANCH
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer
CU (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse -
03020201 0 0 0 0 0 292 49,829
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Carol Shaw at [phone].
Sincerely,
cc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
Nikki Thomson, S&EC-Raleigh (fax)
File
William D. Gilmore, PE
Director
RP.storuc?... 'E... Prot Our .fta&

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
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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
July 24, 2006
Mr. Jim Ciao
Stratford
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
DWQ Project # 05-1967, Ver. 2
Orange County
Subject Property: Waterstone Subdivision
Ut to Cates Creek and Cates Creek [030401, 27-2-8, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Ciao:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.145 acres of wetland (0.144 permanent impactsy 0.001 temporary impacts),
508 linear feet of stream (292 linear feet permanent, perennial stream impacts, 189 linear feet permanent,
intermittent stream impacts and 30 linear feet temporary, perennial stream impacts) and 37,818 square
feet of Zone 1 Neuse River basin protected riparian buffer, and 25,186 square feet of Zone 2 Neuse River
basin protected riparian buffer, to construct the proposed infrastructure for a residential subdivision
development at the subject property, as described within your application dated May 1, 2006, which was
received by the N.C. Division of Water Quality (DWQ) on May 5, 2006, with more information received
on June 2, 2006. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3374 and 3402 (GC3374 and GC3402). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW39, respectively, when issued by
the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions; listed in the attached
certification and any additional conditions listed below.
Wne Caro
401 Oversight/Express Review Permits Unit tllCQ[<fJa
1650 Mail Service Center, Ralelgh, 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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Stratford
Page 2 of 5
July 24, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
404 Wetland 0.145 acres PCN page 5 of 12
Stream - perennial 292 linear feet PCN page 5 of 12
Stream - intermittent 189 linear feet PCN page 5 of 12
Stream - perennial - temporary 30 linear feet PCN a e 5 of 12
Buffer -Zone 1 37,818 (square ft. PCN page 10 of 12
Buffer - Zone 2 25,186 (square ft. PCN page 10 of 12
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Stratford
Page 3 of 5
July 24, 2006
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B 33 and GC 3402.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
7. Culvert Installation
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached.form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Deed Notifications:
8. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds, and any associated buffers.
These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification
Stratford
Page 4 of 5
July 24, 2006
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall
be sent copies of all deed restrictions applied to these lots;
Miti ag tion:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have one
month from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Compensatory Mitigation Required River and Sub-basin Number
Stream 292 linear feet Neuse/03020201
Buffers 49,829 (square feet Neuse/03020201
10. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at ht :11h2o.enr.state.nc.us/su/Forms Documents. htm.;
11. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
if
Stratford
Page 5 of 5
July 24, 2006
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
AWK/Um
Enclosures: GC3374 and GC3402
Certificate of Completion
Si cere Y.
0.1-Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051967Ver2 WaterstoneDrive(Orange)101_NBR
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
July 10, 2006
S&EC Project #4433.W2
DWQ Project #05-1907,Eer
Department of Environment and Natural Resources
'$°?
Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
? R arc DO
,JUL 1 0 2006
U NR - WATER QUALITY
Re: Reply to the Division of Water Quality's "Request For More Information' tt STORMWATER BRANCH
Waterstone Subdivision 401 application, Orange County, NC
Dear Ms. Karoly:
The purpose of this letter is to respond to your July 3, 2006 letter requesting further
information. The original questions/requests are copied below as they appear on the
07/03/06 letter and are then followed by our response to each.
Additional Information Requested:
1. "Please provide lot locations and building envelopes when streams are part of lots."
On the overall site plan, the streams depicted on the subject property are the boundary
lines of the individual parcels of land. It is possible to develop all of these parcels
without warranting any further stream impact, and that is indeed the intent of the
developer. Additionally, all parties are aware that the stream impact totals for the
proposed roadway infrastructure are just below the threshold for an individual permit and
therefore, this project has been planned with a great deal of sensitivity to avoid exceeding
the nationwide permit thresholds.
2. "The road (College Park Drive) connection to Waterstone Drive and the culvert does
not appear to be necessaryj. Please eliminate the road or provide additional
information as to why it is necessany for this project."
College Park Drive is a necessary connector to Waterstone Drive for the residential
subdivision. First, this proposed road accesses the eastern side of the subject property,
therefore necessitating the proposed stream crossing. There is also the need for
"interconnectivity" between the existing development and the new proposed Waterstone
Development. Without this roadway infrastructure and crossing, traffic from residential
areas within the Waterstone Development will be diverted north through existing
residential streets that are not designed as thoroughfares or traffic will be diverted
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
west onto Interstate Highways creating increased exposure to congestion and higher speed
traffic. A portion of the property within the Waterstone Development will be dedicated
for Police, Rescue or Fire Protection use, as mandated by the "Waterstone Conditions of
Approval" by Orange County. Response time to the residential portion of the Waterstone
development, and other existing residential and business areas, will be reduced by as
much as 100% if the College Park Drive crossing is allowed.
3. "Please be aware that Orange CounhJ will address the regional stormrvater
management since the buffer rules lave been delegated to them."
The residential and business portions of the project will comply with Orange County's
Stormwater Regulations and the Diffuse Flow Requirement of the Neuse Buffer Rules. .
Please call if you have any questions or require further explanation.
Sincerely,
Nicole Thomson
Environmental Specialist
Cc: Mr. Eric Kulz, DWQ Raleigh Regional Office, 3800 Barrett Dr., Raleigh, NC 27609
14 PA
Soil & Environmental Colas' y.lt -fit
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
July 10, 2006
S&EC Project #4433.W2
DWQ Project #05-1967, Ver. 2
Department of Environment and Natural Resources
Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
C r ,-j
,JUL F P
1 0 2006
i k.Nk - VVA,1-FR QUALITY
WE !:AN01F, ANO STORMWATER BRANCH
Re: Reply to the Division of Water Quality's "Request For More Information" for the
Waterstone Subdivision 401 application, Orange County, NC
Dear Ms. Karoly:
The purpose of this letter is to respond to your July 3, 2006 letter requesting further
information. The original questions/requests are copied below as they appear on the
07/03/06 letter and are then followed by our response to each.
Additional Information Requested:
1. "Please provide lot locations and building envelopes when streams are part of lots."
On the overall site plan, the streams depicted on the subject property are the boundary
lines of the individual parcels of land. It is possible to develop all of these parcels
without warranting any further stream impact, and that is indeed the intent of the
developer. Additionally, all parties are aware that the stream impact totals for the
proposed roadway infrastructure are just below the threshold for an individual permit and
therefore, this project has been planned with a great deal of sensitivity to avoid exceeding
the nationwide permit thresholds.
2. "The road (College Park Drive) connection to Waterstone Drive and the culvert does
not appear to be necessary. Please eliminate the road or provide additional
information as to 71711y it is necessary/ for this project."
College Park Drive is a necessary connector to Waterstone Drive for the residential
subdivision. First, this proposed road accesses the eastern side of the subject property,
therefore necessitating the proposed stream crossing. There is also the need for
"interconnectivity" between the existing development and the new proposed Waterstone
Development. Without this roadway infrastructure and crossing, traffic from residential
areas within the Waterstone Development will be diverted north through existing
residential streets that are not designed as thoroughfares or traffic will be diverted
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: (336)'540-8235
west onto Interstate Highways creating increased exposure to congestion and higher speed
traffic. A portion of the property within the Waterstone Development will be dedicated
for Police, Rescue or Fire Protection use, as mandated by the "Waterstone Conditions of
Approval" by Orange County. Response time to the residential portion of the Waterstone
development, and other existing residential and business areas, will be reduced by as
much as 100% if the College Park Drive crossing is allowed.
3. "Please be azrare that Orange Counhj will address t)te regional storniWater
management since the buffer rules have been delegated to them."
The residential and business portions of the project will comply with Orange County's
Stormwater Regulations and the Diffuse Flow Requirement of the Neuse Buffer Rules.
Please call if you have any questions or require further explanation.
Sincerely,
Nicole Thomson
Environmental Specialist
Cc: Mr. Eric Kulz, DWQ Raleigh Regional Office, 3800 Barrett Dr., Raleigh, NC 27609
Michael F. Easley, Governor
? `0 ?i William G. Ross Jr., Secretary
T- North Carolina Department of Environment and Natural Resources
.? Alan W. Klimek, P.E. Director
Division of Water Quality
July 3, 2006
D!WQ Project # 05-1967, Ver. 2
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jim Ciao
Stratford
3737 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Subject Property: Waterstone Subdivision
Ut to Cates Creek and Cates Creek [030401, 27-2-80 C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ciao:
On May 31, 2006, the Division of Water Quality (DWQ) received your application dated May 31, 2006,
to impact 0.145 acres of wetland (0.144 permanent impacts, 0.001 temporary impacts), 508 linear feet of
stream (292 linear feet permanent, perennial stream impacts, 189 linear feet permanent, intermittent
stream impacts and 30 linear feet temporary, perennial stream impacts) and $7,818 square feet of Zone 1
Neuse River basin protected riparian buffer, and 25,186 square feet of Zone 2 Neuse River basin
protected riparian buffer, to construct the proposed residential subdivision, subdivision improvements and
dam improvements. 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 provide lot locations and building envelopes when streams are part of lots.
2. The road (College Park Drive) connection to Waterstone Drive and the culvert does not appear to
be necessary. Please eliminate the road or provide additional information as to why it is
necessary for this project.
3. Please be aware that Orange County will address the regional stormWater management since the
buffer rules have been delegated to them.
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.
None Carolina
401 Oversight/Express Review Permitting Unit
at1lCQ ly
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Stratford?w
Page 2 of 2
July 3, 2006
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 t i matter.
Sinc ely
io-dO yndi Karoly, Supervisor
1Oversight/Express Review Permitting Unit
CBK/ijm 1
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051967 V er2W aterstoneDriveSD(Orange)On_Hold
DWQ -1967 V2 Waterstone SD
;Jk Subject: DWQ 05-1967 V2 Waterstone SD
From: Laurie Dennison <[e-mail]>
Date: Wed, 05 Jul 2006 14:50:41 -0400
To: [e-mail]
CC: Nikki Thomson <[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.
051967Ver2WaterstoneDriveSD(Orange)On_Hold.doc
Content-Type: application/msword
Content-Encoding: base64
1 of 1 7/5/2006 2:50 PM
y tem
PROGRAM
June 13, 2006
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Residential Development County: Orange
ECEIVE
K
JUN 16 2006
Br Soil 6 bobunnontal Ctaieultsnta. PA
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet)' Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0.145 0 0 0 0 584 35,643 14,186
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated Novemlber 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Reston ... En/"... Prot" O"r State

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Soil & Environmental Cons kia fg.? A
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
DS-igt?7
Transmittal
To: NC Division of Water Quality
401 Oversight and Express
Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604-2260
We Transmit to you Herewith:
? Drawings
? Specifications
? Brochures or photos
? Correspondence
? As per your request
Project #: 4433.W2 Date: May 31, 2006
Project Name: Waterstone Subdivision
File:
? For your information and files
® For comment or approval
? Returned for correction, resubmit
? Approved as noted
r'-!'gVffl
No. Copies Document No. Date Descri tion
5 5/31/06 Cover letter
1 05/26/06 $475 Application Fee to DW
5 5/31/06 Pre Construction Notification
5 5/31/06 Agent Authorization Form
5 5/31/06 USGS Ma
5 5/31/06 Soil Survey Ma
5 Sheet C-1 4/26/06 Overall Site Plan Ma 8.5X11 and 11X17
5 Sheets 1-6 4/17/06 Impact Maps

5
12/19/05 Orange County Neuse Stream Determination letter
and maps
Remarks: Enclosed please find the above documents for your review. If you have any questions,
please call Sean Clark at 919-846-5900.
If enclosures are not as listed as above, kindly notify us at once.
Bv: SC/nit
c:
Charlotte Office:
236 LePhillip Court. Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Under Separate Cover:
? By mail
? By courier
? By express
ut:t57t pf?r 7: T"r - . X11.,
OWr ,,. Greensboro Office:
yMkTF g4 3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
va
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
os-?q??
May 31, 2006
S&EC Project # 4433.W2
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Todd Tugwell
6508 Falls of the Neuse Rd., Suite 120
Raleigh, NC 27615
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Waterstone Subdivision
Hillsborough, NC
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
On behalf of the owner, Stratford, please find attached a complete application and supplemental
information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C.
Division of Water Quality (DWQ) that the activities proposed below may precede under Nationwide
Permits 12 and 39 and General Water Quality Certifications 3374 and 3402. Please contact me at (919)
846-5900 if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Waterston Subdivision
Project Type Residential infrstructure and utilities
Owner / Applicant Jim Ciao
Count Orange
Nearest Town Hillsborough
Waterbod Name Cates Creek and UT's to Cates Creek
Basin / Sub-basin 03-04-01
Index Number 27-2-8
Class C;NSW
USGS Cataloging Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.060
Wetland Impact (acres): 0.145
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.205
Total Stream Impact (linear feet): 508*
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
Attachments:
Pre-construction Notification (PCN) Application Form & Supplemental Information
$475 Application Fee to DWQ
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. V a 0S - 101 61)
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
-i1
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 & 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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
tww 9 n
Environmental Concern (see the top of page 2 for further details
IJ
II. Applicant Information MAY 8 1 2006
1. Owner/Applicant Information curt 'SIN QUA61TY
Name: Stratford r+a OR, 5"oh
Mailing Address: Jim Ciao
3737 Glenwood Ave, Suite 100
Ralei& NC 27612
Telephone Number: [phone] Fax Number: 919) 573-6026
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: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 12
III. Project Information
Attach a vicinity map "clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Waterstone Residential Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 98732522100
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Waterstone
Directions to site (include road numbers/names, landmarks, etc.): The subject property is
located immediately north of I-40 and situated between New Highway 86 and Old Hwy 86.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.0494 °N 79.0916 °W (WGS84/NAD83)
6. Property size (acres): f 135 acres
7. Name of nearest receiving body of water: Cates Creek and UT to Cates Creek 03-04-01; 27-
2-8, C;NSW
8. River Basin: Neuse River Basin (USGS Cataloging Unit 03020201)
(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/map-/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject property is primarily wooded. Property
surrounding the property is also primarily wooded, however residential subdivisions and
individual residential lots are also within the surrounding area.
Page 2 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project will primarily be a residential subdivision, but will consist of single-family homes,
multi-family homes (town-homes and apartments) and a' community park. Typical
excavating and grading equipment such as bulldozers, backhoes, and motor graders will be
used during construction activities.
11. Explain the purpose of the proposed work: The purpose of the project is to construct the
installation is to provide sewer service to this portion of the Town's jurisdiction. The
purpose of the proposed roads and other utilities is to provide the necessary service and
access required for a residential subdivision.
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. Mr. Todd Tugwell of the USACE visited the surrounding property on
June 24, and July 25 2004 to make a jurisdictional determination. On October 4, 2004 a site
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 permits are expected to be required at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 3 of 12
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:
Bridge "A„ (NWP 39): 0.04 ac of wetland impacts; 9,272 sq. ft. of Neuse Buffer (5,211 SF
Zone 1 and 4.061 SF Zone 2) "allowable" impacts, 8,001 sq. ft. of Neuse buffer (3,396 SF
Zone 1 and 4,605 SF Zone 2) "allowable with mitigation" impacts;
*note: with respect to mitigation, 435 SF in Zone 1 and 298 SF in Zone 2 of "allowable
with mitigation" impacts are wetlands and accounted for in the wetland mitigation totals, not
the Neuse Buffer mitigation totals*
Culvert "J" (NWP 39): 121 linear feet of permanent stream impact to UT to Cates Creek
(perennial), 13,096 sq. ft. of Neuse Buffer (8,428 SF Zone 1 and 4,668 SF Zone 2) o
"allowable" impacts.
Culvert "F" (NWP 39): 0.08 ac. of wetland impacts;134 linear feet of permanent stream
impacts to UT to Cates Creek (intermittent), 14,447 sq. ft. of Neuse Buffer (8,926 SF Zone 1
and 5,521 SF Zone 2) "allowable" impacts:
* note: with respect to mitigation, 723 SF in Zone 1 and 2,170 SF in Zone 2 of "allowable"
impacts are wetlands and accounted for in the wetland mitigation totals, not the Neuse Buffer
mitigation totals*
Culvert "H" (NWP 39): 0.02 ac. of wetland impacts, 171 linear feet of permanent stream
impacts to UT to Cates Creek (perennial): 14,968 sq. ft. of Neuse buffer (9,818 SF Zone 1
and 5,150 SF Zone 2) "allowable with mitigation" impacts,
*note: with respect to mitigation, 898 SF in Zone 1 and 0 SF in Zone 2 of "allowable with
mitigation impacts are wetlands and accounted for in the wetland mitigation totals, not the
Neuse Buffer mitigation totals*
Culvert "I" (NWP 39): 0.004 ac. of wetland impacts, 52 linear feet of permanent stream
impacts to UT to Cates Creek (intermittent)
Sewer Crossing (NWP 12): 30 linear feet of temporary impacts to Cates Creek (perennial);
0.001 acres of temporary wetland impact, 3,220 sq. ft. of Neuse buffer (2,039 SF Zone 1 and
1,181 Zone 2) of "allowable" impact;
*note: with respect to mitigation, 2 SF in Zone 1 and 5 SF in Zone 2 of "allowable" impacts
are wetlands and accounted for in the wetland mitigation totals, not the Neuse Buffer
mitigation totals*
Page 4 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
Bridge A Road Fill (Permanent) Riparian Bottomland Yes 0 0.04
Forest
Culvert F Culvert (Permanent) Riparian Bottomland No 0 0.08
Forest
Culvert H Culvert(Permanent) Riparian Bottomland No 0 0.02
Forest
Culvert I Culvert (Permanent) Riparian Bottomland No 0 0.004
Forest

Sewer Line Excavation Riparian Bottomland
Yes
0
0.001
(Temporary) Forest
Total Wetland Impact (acres) 0.145
3. List the total acreage (estimated) of all existing wetlands on the property: +/-1.70 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
Culvert J UT to Cates Creek Culvert Perennial 4.75' 121 0.013
(NWP 14 (Permanent)
Culvert F UT to Cates Creek Culvert Intermittent 4.75' 134 0.015
(NWP 14) (Permanent)
Culvert H UT to Cates Creek Culvert Perennial 5.25' 171 0.021
(NWP 14) (Permanent)
Culvert I UT to Cates Creek Culvert Intermittent 3.75' 52 0.004
(NWP 14) (Permanent)
Sewer Line Cates Creek Sewer Line Perennial 10.25' 30 0.007
(NWP 12) (Temporary)
Total Stream Impact (by length and acreage) 508* 0.060
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
Page 5 of 12
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.060
Wetland Impact (acres : 0.145
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. acres 0.205
Total Stream Impact (linear feet): 508 LF*
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
There are no isolated wetlands or streams on this property.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 6 of 12
Bridge "A" (NWP 39): Cates Creek Parkway, a new road crossing, is proposed over Cates
Creek on the subject property. The road crossing is required by the Town of Hillsborough for
alternate access to the property as well as a connection to Old NC 86. In order to minimize
impact to Cates Creek, a bridge crossing was proposed at this site. The crossing location could
not be shifted any further to the north without resulting in a much larger bridge and greater
shading impacts to a large impoundment/wetland. If the crossing were shifted further south, the
bridge would need to be much larger because Cates Creek becomes braided immediate) south
of the proposed location. The proposed location causes the least amount of shading impacts and
crosses at a perpendicular angle at the narrowest point. The original access easement, which can
be seen on the overall map north of the proposed easement, was gligned in such a manner so as
to impact buffers associated with Cates Creek at a nonperpendicglar angle and result in parallel
impacts to a stream channel on the property. This original alignment would have also resulted
in wetland impacts that exceeded 1 acre if conventional culverts were used. This original
easement was abandoned and the proposed easement was agreed upon with the offsite
landowner which resulted in less impacts overall.
Culvert "J" (NWP 39): This is a proposed road crossing over a perennial UT to Cates Creek
retain a nearly perpendicular crossing. Moving the crossing further south is also constrained by
the existence of another property corner, which has a building, offset. The Culvert J Crossing
cannot be moved further north without resulting in parallel impacts to the stream and the stream
buffers. Headwalls and wing-walls are proposed to further minimize impacts resulting from
roadway fill within the jurisdictional areas.
Culvert "F" (NWP 39): This is a proposed road crossing over an intermittent UT to Cates
Creek on the subject property. The road crossing is required for access to the property as well
as a_connection to the proposed Cates Creek Parkway and other offsite roads (e.g. Fletcher Road
and Waterstone Drive) for interconnectivity purposes.
Culvert "H" (NWP 39): This proposed road crossing over a perennial UT to Cates Creek on
the subject property is required as a continuation of the proposed internal roadways system
needed for interconnectivity within the property. This crossing will tie the northeastern portion
of the property to the southwestern portion. Headwalls and wing-walls are proposed to further
minimize the impacts to jurisdictional areas resulting from roadway fill from the perpendicular
crossing.
Culvert "I" (NWP 39): This proposed road crossing over an intermittent, unbuffered UT to
Cates Creek on the subject property is required as a continuation of the proposed roadway that
will tie into an existing offsite road stub (interconnectivity). Headwalls and wing-walls are
proposed to further minimize the impacts to jurisdictional areas resulting from roadway fill
from the perpendicular crossing.
Sewer Crossing (NWP 12): The impacts to the wetlands and streams have been minimized to
one stream crossing (30 feet wide), 3220 square feet of riparian buffer impact and 5 square feet
Page 7 of 12
of wetland impact. All impacts to these waters will be temporary and will comply with all of
the conditions of NWP12 and GC3374.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
For impacts to perennial streams and wetlands, a 2:1 ratio is proposed to satisfy mitigation
requirements. Payment into the NCEEP is proposed to satisfy the mitigation necessary for
this project.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 8 of 12
website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 584
Amount of buffer mitigation requested (square feet): 49,829 (35,643 Zone 1 and 14,186
Zone 2)
Amount of Riparian wetland mitigation requested (acres): 0.145
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State, Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 9 of 12
Bridge A ("Allowable")
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5,211 3 (2 for Catawba) N/A
2 4,061 1.5 N/A
Total 9,272 N/A
Bridge A (narallel imnact "Allowahle with mitigation")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
Mitigation
1 3,396 435 2,961 3 (2 for Catawba) 8,883
2 4,605 298 4,307 1.5 6,461
Total 8,001 733 7,268 15,344
Culvert J ("Allowable")
Zone* Impact
(square feet Multiplier Required
Mitigation
1 8,428 3 (2 for Catawba) N/A
2 4,668 1.5 N/A
Total 13,096 N/A
Culvert F ("Allowahle")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
Mitigation
1 8,926 723 8,203 3 (2 for Catawba) N/A
2 5,521 2,170 3,351 1.5 N/A
Total 14,447 2,893 11,554 N/A
Culvert H ("Allowable with mitigation")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
Mitigation
1 9,818 898 8,920 3 (2 for Catawba) 26,760
2 5,150 0 5,150 1.5 7,725
Total 14,968 898 14,070 34,485
Sewer Line ("Allowable")
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
Mitigation
1 2,039 2 2,037 3 (2 for Catawba) N/A
2 1,181 3 1,178 1.5 N/A
Total 3,220 5 3,215 N/A
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
?2CA
Page 10 of 12 I -/ 3
1
ZDA z- 1110 14,M
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. The client proposes payment into NC-EEP to
satisfy the buffer mitigation requirements. The Buffer mitigation required (including the
multipliers) totals 49,829 square feet (35,643 Zone 1 and 14,186 Zone 2).
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Although the impervious surface area for the
road will exceed 30%, typically stormwater devices are not required. The remaining portion of
the project will comply with Orange County's Stormwater Regulations and the Diffuse Flow
Requirement of the Neuse Buffer Rules.
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.
The project will tie into the Town of Hillsborough's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No M
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
Page 11 of 12
unlikely to cause cumulative impacts. This residential project does not meet any of the three
criteria of private projects that can clearly result in cumulative impacts. We anticipate that you
will advise us if a qualitative or quantitative impact analysis is rewired.
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Project Manager:
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Scale: Orange County, NC
Date: I 2,000
Source:
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Soil & Environmental Consultants, PA
11010 Raven Ridge Rd,- Raleigh, NC 27614
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t ZONE 2 PARALLEL BUFFER IMPACT = 4,605 SQ.SF = 0.10 AC.
a ZONE 2 PERPENDICULAR BUFFER IMPACT = 4,061 SQ.SF = 0.09 AC.
'6 TOTAL NEUSE BASIN RIPARIAN BUFFER DISTURBANCE = 17,273 SQ.FT. = 0.39 AC.
WETLANDS IMPACT = 1,531 SF, 0.04 AC. -
ZONE 1 WETLANDS IMPACTED = 435 SF. = 0.01 AC.
v ZONE 2 WETLANDS IMPACTED = 298 SF. = 0.007 AC. ?- - _
TOTAL WETLANDS IMPACTED IN BUFFER=733.0 SF 0.02 AC.
NEUSE BASIN RIPARIAN BUFFER IMPACTS WITHOUT WETLANDS=16,540 SF 0.38 AC. \ - ---- -

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SHEET I OF 6
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PROJECT NO. TMP-04000
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a ZONE 2 BUFFER IMPACT = 5,521 SQ.SF = 0.13 AC.
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PROJECT NO. TMP-04000 WATERSTONE THE JOHN R. McADAMS
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ORANGE COUNTY PLANNING & INSPECTIONS
Craig N. Benedict, AICP, Director
Administration 245-2575
C,?¦tt ., sr
Erosion Control Division
[phone]
[phone] (FAX)
www.co.oranae.nc.us 4'?r? ?.?•?''
December 19, 2005
Mr. Kevin Yeats
The John R. McAdams Co., Inc.
PO Box 14005
RTP, NC 27709
Mr. Sean Clark,
Soil & Environmental Consultants PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: WATERSTONE
Neuse Stream Determination, Lower Eno Watershed
PIN 9873-25-2100 TMBL 4.45..2
Dear Sirs:
DEPARTMENT
306F Revere Road
P O Box 8181
Hillsborough, NC 27278
ECIVE
C
87. Sri ? E?vnme?Ead Carets. ?',?
This letter serves as confirmation of an on-site Neuse determination made by Orange
County Erosion Control Division staff for the referenced property. Thro0gh local delegation
from the NC Division of Water Quality, Orange County enforces a streom buffer along
intermittent and perennial surface waters per the Stormwater Ordinance for Lands within the
Neuse River Basin, Orange County, including Hillsborough's planning jurisdiction. Be
advised that the Orange County Erosion Control Division staff will also need to review a
master plan for this entire project to ensure that Neuse buffer impacts are minimized, and so
that we may issue an Authorization Certificate as needed.
This determination was conducted based on recent applications to the Town of Hillsborough
to begin development of the property. The evaluation was conducted with Mr. Clark of
S&EC and showed that there are water features on the property which are subject to the
ordinance. These water features are approximately referenced on the attached aerial
photograph / map, and should easily correspond to maps already prepared by McAdams
and S&EC for the purposes of 404 permitting, 401 certification, and any required isolated
MAErosion Control DivkStream Calls120051Neuse11219O5.TMBL4.45..2.WATERS'TONE
Messrs. Yates and Clark
Page 2
December 19, 2005
wetland permitting. The subject water features will require a typical Neuse buffer, consisting
of an undisturbed, 30' Zone 1 to be measured from the top of the stream bank or normal
pool elevation of ponds landward, and an outer, 20' Zone 2, in which clearing and minor
grading is allowed.
The following is a description of how the buffers affect the property:
1. The previously mapped water feature noted as Feature A is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This point appears to be upstream of the one previously marked by SBEC,
may be north of the applicant's, actual property line, and is located at the breech of an
abandoned dam.
2. The previously mapped water feature noted as Feature B is subject to the buffer
requirements downstream of a point which has been flagged it the flew for
reference. This flag is located at the downstream end of a wetland that has been
delineated by S&EC.
3. The previously mapped water feature noted as Feature C is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This flag is located at what appears to be an old well.
4. The previously mapped water feature noted as Feature D is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map,
5. The previously mapped water feature noted as Feature E is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
6. The previously mapped water feature noted as Feature F is subject to the buffer
requirements downstream of a point which has been flagged in' the field for
reference. This feature appears to be shorter on the ground than indicated on time soil
survey map.
7. The previously mapped water feature noted as Feature G is subject to the buffer
requirements across the property.
8. The previously mapped water feature noted as Feature H is subject to the buffer
requirements across the property.
9. The previously mapped water feature noted as Feature I is subject to the buffer
requirements across the property. Be advised that Feature I, Cates Creek, has a
FEMA-identified Floodplain, and appears to ALSO be subject to Hillsborough Stream
MAErosion Control DivXStream Calis120051Neuse1121905.TMBL4.45..2.WATERSTONE
Messrs. Yates and Clark
Page 3
December 19, 2005
Buffer requirements. You should contact Margaret Hauth with the Town to ensure
that the following information is correct:
a. Hillsborough Definition - Stream Buffer An area of land lying adjacent to
perennial streams which shall be required to remain in an undisturbed state,
unless the area is subject to serious erosion, in which rase erosion resistant
vegetative cover shall be established and maintained.
b. Hillsborough Definition - Perennial Stream Stream which is shown as a solid
blue line on the United States Geodetic Survey quadrangle map of the Town.
c. Section 7,11.2b -The width of the stream buffer along perennial streams shall
be fifty (50) feet measured from the middle of the stream.
If you have further questions about the application of the Zoning Ordinance to this property,
or how to calculate the buffer lengths, please contact Current Planning Staff at 919-245-
2575.
Since ely,
r
D. Will Autry, CPESC
Erosion Control Officer II
Attachments: Aerial Photograph / Map
C: OC Current Planning Staff
OC Erosion Control Staff
Cyndi Karoli and John Dorney, DWQ
Todd Tugwell, USACE
Margaret Hauth, Town of Hillsborough
File
MAErosion Control Dlv\Stream Calls120051Neuse1121905.TMBL4.45..2.WATER$TONE
_
iy,fed I e at! -I E 1 1
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.lit ?2` _ ? xee ? q • ? .?- ??:
Subject I Paturn (i -.2-1
y
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_'?, "* ;_• Subject'Feature E

?.?y 0-11T
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Owner Infonttation: Subject Feature? C
SLanNC WATERSTCNELLCSUME100 SUbiect # oaturo R
3+ QLEN WWOD AVE 0
RALEIGH, NC 7M12-7612 Waterstone
Por*o r Y&W soar . FEMA rfow Wsln ? FIN-1873-25-2100
-#%w- UWs V* el rwur. CtI11aN VWwshod Am ? IW YR M0*0llM Car*WkWn? TMBL 4,41.2
Orange County, NC
dw • sort aunty V%W Feshm pmbd a rtouarirr paten rnry) •
.w.r OCufidded%km cwt unnrGWWv"WWWd December 13, 2005
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Y I DS- 19 6-7 May 31, 2006
S&EC Project # 4433.W2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoly
6508 Falls of the Neuse Rd., Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27615 Raleigh, NC 276042260
From: Sean Clark D
Soil & Environmental Consultants, P.A. 11/2'
11010 Raven Ridge Road j , , , ?•/ D
Raleigh, NC 27614 ' MAY
??06
Re: Waterstone Subdivision DENS
Hillsborough, NC WETtrg1V0,q W SW4UAR I?R,arvCH
On behalf of the owner, Stratford, please find attached a complete application and supplemental
information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C.
Division of Water Quality (DWQ) that the activities proposed below may precede under Nationwide
Permits 12 and 39 and General Water Quality Certifications 3374 and 3402. Please contact me at (919)
846-5900 if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Waterstone Subdivision
Project Type Residential infrstructure and utilities
Owner / Applicant Jim Ciao
Count Orange
Nearest Town Hillsborough
Waterbod Name Cates Creek and UT's to Cates Creek
Basin / Sub-basin 03-04-01
Index Number 27-2-8
Class C;NSW
USGS Cataloging Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.060
Wetland Impact (acres): 0.145
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.205
Total Stream Impact (linear feet): 508*
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
Attachments:
Pre-construction Notification (PCN) Application Form & Supplemental Information
$475 Application Fee to DWQ
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. V J 05_ i Q 6 _?
(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 ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 & 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
@,?(r 0MC P
MAY 3 1 2006
Name: Stratford
ua
Mailing Address: Jim Ciao WA I yAr?un nwt, ai'eir?wAr?a w H
3737 Glenwood Ave, Suite 100
Raleigh, NC 27612
Telephone Number: [phone] Fax Number: [phone]
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: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 12
III. Project Information
Attach" a vicinity map- clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Waterstone Residential Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 98732522100
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Waterstone
Directions to site (include road numbers/names, landmarks, etc.): The subject property is
located immediately north of I-40 and situated between New Highway 86 and Old Hwy 86.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.0494 °N 79.0916 °W (WGS84/NAD83)
6. Property size (acres): ± 135 acres
7. Name of nearest receiving body of water: Cates Creek and UT to Cates Creek 03-04-01; 27-
2-8; C;NSW
8. River Basin: Neuse River Basin (USGS Cataloging Unit 03020201)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject property is primarily wooded. Property
surrounding the property is also primarily wooded, however residential subdivisions and
individual residential lots are also within the surrounding area.
Page 2 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project will primarily be a residential subdivision but will consist of single-family homes,
multi-family homes (town-homes and apartments) and a community park. Typical
excavating and grading _equipment such as bulldozers backhpes and motor graders will be
used during construction activities.
11. Explain the purpose of the proposed work: The purpose of the project is to construct the
infrastructure needed to provide access for the future development of additional housing to
meet the demand for the area. The purpose of the proposed Work for the sanitary sewer line
installation is to provide sewer service to this portion of the Town's jurisdiction. The
purpose of the proposed roads and other utilities is to provide the necessary service and
access required for a residential subdivision.
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. Mr. Todd Tugwell of the USACE visited the surrounding property on
June 24, and July 25 2004 to make a jurisdictional determination. On October 4, 2004 a site
meeting was held with DWQ to make stream determinations. On September 14, 2004 a buffer
meeting was conducted with Holly Rennell of Orange County to review the channel features on
the property. Ms. Rennell's determinations are reflected on the attached maps. Mr. Will Autrv
of Orange County also visited the site in December 2005 to review the channel features on the
subject property to confirm Ms. Rennell's calls so that a summaty letter could be written. Mr.
Autry's determinations are reflected in the attached letter and supplemental maps.
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 permits are effected to be required at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 3 of 12
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:
Bridge "A" (NWP 39): 0.04 ac of wetland impacts; 9,272 sq. ft. of Neuse Buffer (5,211 SF
Zone 1 and 4,061 SF Zone 2) "allowable" impacts: 8,001 s4. ft. of Neuse buffer (3,396 SF
Zone 1 and 4,605 SF Zone 2) "allowable with mitigation" impacts:
*note: with respect to mitigation, 435 SF in Zone 1 and 298 SF in Zone 2 of "allowable
with mitigation" impacts are wetlands and accounted for in the wetland mitigation totals, not
the Neuse Buffer mitigation totals*
Culvert "J (NWP 39): 121 linear feet of permanent stream impact to UT to Cates Creek
(perennial), 13,096 sq. ft. of Neuse Buffer (8,428 SF Zone 1 and 4,668 SF Zone 2) o
"allowable" impacts.
Culvert "F" (NWP 39): 0.08 ac. of wetland impacts;134 linear feet of permanent stream
impacts to UT to Cates Creek (intermittent), 14,447 sq. ft. of Neuse Buffer (8,926 SF Zone 1
and 5,521 SF Zone 2) "allowable" impacts;
* note: with respect to mitigation, 723 SF in Zone 1 and 2,170 SF in Zone 2 of "allowable"
impacts are wetlands and accounted for in the wetland mitigation totals, not the Neuse Buffer
mitigation totals*
Culvert "H" (NWP 39): 0.02 ac. of wetland impacts: 171 linear feet of permanent stream
impacts to UT to Cates Creek (perennial): 14,968 sq. ft. of Neuse buffer (9,818 SF Zone 1
and 5,150 SF Zone 2) "allowable with mitigation" impacts;
*note: with respect to mitigation, 898 SF in Zone 1 and 0 SF in Zone 2 of "allowable with
mitigation" impacts are wetlands and accounted for in the wetland mitigation totals, not the
Neuse Buffer mitigation totals*
Culvert "I" (NWP 39): 0.004 ac. of wetland impacts; 52 linear feet of permanent stream
impacts to UT to Cates Creek (intermittent)
Sewer Crossing (NWP 12): 30 linear feet of temporary impacts to Cates Creek (perennial
0.001 acres of temporary wetland impact; 3,220 sq. ft. of Neuse buffer (2,039 SF Zone 1 and
1,181 Zone 2) of "allowable" impact;
*note: with respect to mitigation, 2 SF in Zone 1 and 5 SF in Zone 2 of "allowable" impacts
are wetlands and accounted for in the wetland mitigation totals, not the Neuse Buffer
mitigation totals*
Page 4 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
Bridge A Road Fill (Permanent) Riparian Bottomland Yes 0 0.04
Forest
Culvert F Culvert (Permanent) Riparian Bottomland No 0 0.08
Forest
Culvert H Culvert(Permanent) Riparian Bottomland No 0 0.02
Forest
Culvert I Culvert (Permanent) Riparian Bottomland No 0 0.004
Forest

Sewer Line Excavation Riparian Bottomland
Yes
0
0.001
(Temporary) Forest
Total Wetland Impact (acres) 0.145
3. List the total acreage (estimated) of all existing wetlands on the property: +/-1.70 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Intermittent? t?
ittent Stream Width Length Impact
indicate on ma . Before Im act linear feet acres
Culvert J UT to Cates Creek Culvert Perennial 4.75' 121 0.013
(NW 14) (Permanent)

Culvert F UT to Cates Creek Culvert Intermittent 4.75' 134 0.015
(NWP 14) (Permanent)
Culvert H UT to Cates Creek Culvert Perennial 5.25' 171 0.021
(NWP 14) (Permanent)
Culvert I UT to Cates Creek Culvert Intermittent 3.75' 52 0.004
(NWP 14) (Permanent)
Sewer Line Cates Creek Sewer Line Perennial 10.25' 30 0.007
(NWP 12) (Temporary)
Total Stream Impact (by length and acreage) 508* 0.060
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
Page 5 of 12
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody ' Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.060
Wetland Impact (acres): 0.145
Open Water Impact acres : 0
Total Impact to Waters of the U.S. (acres) 0.205
Total Stream Impact (linear feet): 508 LF*
*Permanent impacts to important/perennial streams total only 292 LF of the total 508 LF
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands or streams on this property.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 6 of 12
Bridge "A" (NWP 39): Cates Creek Parkway, a new road crossing, is proposed over Cates
Creek on the subject property. The road crossing? is required by the Town of Hillsborough for
alternate access to the property as well as a connection to Old NC 86. In order to minimize
impact to Cates Creek, a bridge crossing was proposed at this site. The crossing location could
not be shifted any further to the north without resulting in a much larger bridge and greater
shading impacts to a large impoundment/wetland. If the crossing were shifted further south, the
bridge would need to be much larger because Cates Creek becomes braided immediately south
of the proposed location. The proposed location causes the least amount of shading impacts and
crosses at a perpendicular angle at the narrowest point. The original access easement, which can
be seen on the overall map north of the proposed easement, was aligned in such a manner so as
to impact buffers associated with Cates Creek at a nonperpendicplar angle and result in parallel
impacts to a stream channel on the property. This original alignment would have also resulted
in wetland impacts that exceeded 1 acre if conventional culverts were used. This original
easement was abandoned and the proposed easement was agreed upon with the offsite
landowner which resulted in less impacts overall.
Culvert "J" (NWP 39): This is a proposed road crossing over a perennial UT to Cates Creek
required to gain additional access to the subject property in conjunction with the proposed
bridge crossing (Bridge A) The proposed crossing could not be moved further south and still
retain a nearly perpendicular crossing. Moving the crossing further south is also constrained by
the existence of another property corner, which has a building offset. The Culvert J Crossing
cannot be moved further north without resulting in parallel impacts to the stream and the stream
buffers. Headwalls and wing-walls are proposed to further minimize impacts resulting from
roadway fill within the jurisdictional areas.
Culvert "F" (NWP 39): This is a proposed road crossing over an intermittent UT to Cates
Creek on the subject property. The road crossing is required for access to the property as well
as a connection to the proposed Cates Creek Parkway and other offsite roads (e.g. Fletcher Road
and Waterstone Drive) for interconnectivity puMoses.
Culvert "H" (NWP 39): This proposed road crossing over a perennial UT to Cates Creek on
the subject property is s required as a continuation of the proposed internal roadway s, ss
needed for interconnectivity within the property. This crossing will tie the northeastern portion
of the property to the southwestern portion. Headwalls and wing-walls are proposed to further
minimize the impacts to jurisdictional areas resulting from roadway fill from the perpendicular
crossing.
Culvert "I" (NWP 39): This proposed road crossing over an intermittent, unbuffered UT to
Cates Creek on the subject property is required as a continuation of the proposed roadway
will tie into an existing offsite road stub (interconnectivity). Headwalls and wing-walls are
proposed to further minimize the impacts to jurisdictional areas resulting from roadway fill
from the perpendicular crossing.
feet wi
ve
Page 7 of 12
of wetland impact. All impacts to these waters will be temporary and will comply with all of
the conditions of NWP12 and GC3374.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
For impacts to perennial streams and wetlands, a 2:1 ratio is proposed to satisfy mitigation
requirements Payment into the NCEEP is proposed to satisfy the mitigation necessary for
this project.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 8 of 12
website at htt_p://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 584
Amount of buffer mitigation requested (square feet): 49,829 (35,643 Zone 1 and 14,186
Amount of Riparian wetland mitigation requested (acres): 0.145
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 9 of 12
Bridge A ("Allowable")
Zone* Impact
(square feet Multiplier Required
Mitigation
1 5,211 3 (2 for Catawba) N/A
2 4,061 1.5 N/A
Total 9,272 N/A
Bridge A (parallel impact "Allowable with mitigation")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
Miti ation
1 3,396 435 2,961 3 (2 for Catawba) 8,883
2 4,605 298 4,307 1.5 6,461
Total 8,001 733 7,268 15,344
Culvert.1("Allowable" )
Zone* Impact
(square feet Multiplier Required
Mitigation
1 8,428 3 (2 for Catawba) N/A
2 4,668 1.5 N/A
Total 13,096 N/A
Culvert F ("Allowable")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare feet) Multiplier Required
Mitigation
1 8,926 723 8,203 3 (2 for Catawba) N/A
2 5,521 2,170 3,351 1.5 N/A
Total 14,447 2,893 11,554 N/A
Culvert H ("Allowable with mitigation")
Zone* Impact
(square feet Minus wetlands in
bu er s uare feet) Remaining buffer
Impact (suare eet Multiplier Required
Mitigation
1 9,818 898 8,920 3 (2 for Catawba) 26,760
2 5,150 0 5,150 1.5 7,725
Total 14,968 898 14,070 34,485
Sewer Line ("Allowable")
Zone* Impact
(square feet Minus wetlands in
bu er s uare eet Remaining buffer
Impact (suare eet Multiplier Required
ation
1 2,039 2 2,037 3 (2 for Catawba) N/A
2 1,181 3 1,178 1.5 N/A
Total 3,220 5 3,215 N/A
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Page 10 of 12
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. The client proposes payment into NC-EEP to
satisfy the buffer mitigation requirements. The Buffer mitigation required (including the
multipliers) totals 49,829 square feet (35,643 Zone 1 and 14,186 Zone 2).
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Although the impervious surface area for the
road will exceed 30%, typically stormwater devices are not required. The remaining portion of
the project will comply with Orange County's Stormwater Regulations and the Diffuse Flow
Requirement of the Neuse Buffer Rules.
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.
The project will tie into the Town of Hillsborough's sewer system,
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No 0
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We
have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Proerams" document prepared by the NC Division of Water
Quality on October 3. 2002, version 1.6. The draft states that most residential subdivisions are
unlikely to cause cumulative impacts. This residential project does not meet any of the three
criteria of private projects that can clearly result in cumulative impacts. We anticipate that ,You
will advise us if a qualitative or quantitative impact analysis is required.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
Page 11 of 12
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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DATE: VIM ANDS IlAPACT FXHI$PT P.O. BOX 14005 ZIP 27709-4005
04-17-06 - [phone]
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I TOTAL NEUSE BASIN RIPARIAN BUFFER
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® PROJECT NO. TMP-04000
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E ZONE 2 BUFFER IMPACT = 5,521 SQ.SF = 0.13 AC.
TOTAL NEUSE BASIN RIPARIAN -
o BUFFER DISTURBANCE= 14,447 SQ.SF = 0.33 AC.
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\ZONE 2 BUFFER IMPACY= 5,150 S , 0.12/AC.
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DISTURBANCE=14 968 SF, 0.34 /AC.
/ STREAM CHANNEL IMPACT = 171/ LF
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WETLAND IM ACT = 898 SF, 0102 A . / E CAMS
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' TOTAL WETLANDS IMPAC UFTED/fN BFER=/898 ;?F, QA22'AfZ,'
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WETEANM IMPACT ?mrr p.0. BOX 14005 ZIP 27709-4005
[phone]

0' NEU RIVER `RIPARIAN
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RIOM TOP F BANK,,EACH SIDE) / -
/
CATES CREEK
SANITARY SEWER
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TOTAL NEUSE BASIN RIPARIAN BUFFER
DISTURBANCE=3,220 SQ.FT. = 0.07 AC.
STREAM CHANNEL IMPACT = 30 LF
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WETLANDS IMPACT = 5.0 SF, = 0.0001 AC.
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ZONE 2 WETLANDS IMPACT = 3.0 SF,= 0.00006 AC.
TOTAL WETLANDS IMPACTED IN BUFFER=5.0 SF, = 0.0001 AC.
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WITHOUT WETLANDS=3,215 SF, = 0.07 AC.
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® e2aECC No. TMP_04000 WATERSTONE THE JOHN R. McADAMS

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TMP04000EX COMPANY, INC.

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1"=40' MASTER PLAN INFRASTRUCTURE ENGINEERS/PLANNERS/SURVEY
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DATE:
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PRaecr No. TMP-04000 WATERSTO THE JOHN R. McADAMS?
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DATE: WEnANDS MIPA .T F.X?rr
9-4005
.OO.
X 1
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ZIP 27
70
P
04-17-06 [phone]
X
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AiCP, Director
Administration 245»2575
`MRei rf 1!,
Erosion Control Division -, 306F Revere Road
[phone] Q W P d Box 8181
(919) 644.,3002 (FAX) Hillsborough, NC 27278
www.co.orangle.nc.us '••? tat$``°
December 19, 2005
Mr. Kevin Yeats
The John R. McAdams Co., Inc.
PO Box 14005
RTP, NC 27709
Mr. Sean Clark,
Soil & Environmental Consultants PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: WATERSTONE
Neuse Stream Determination, Lower Eno Watershed
PIN 9873-25-2100 TMBL 4.45..2
Dear Sirs:
E C E I V E
(j
This letter serves as confirmation of an on-site Neuse determination made by Orange
County Erosion Control Division staff for the referenced property. Through local delegation
from the NC Division of Water Quality, Orange County enforces a strum buffer along
intermittent and perennial surface waters per the Stormwater Ordnnande for Lands within the
Neuse River Basin, Orange County, including Hillsborough's planning jurisdiction. Be
advised that the Orange County Erosion Control Division staff will also need to review a
master plan for this entire project to ensure that Neuse buffer impacts ore minimized, and so
that we may issue an Authorization Certificate as needed.
This determination was conducted based on recent applications to the Town of Hillsborough
to begin development of the property. The evaluation was conducted with Mr. Claris of
S&EC and showed that there are water features on the property which are subject to the
ordinance. These water features are approximately referenced on the attached aerial
photograph / map, and should easily correspond to maps already prepared by McAdams
and S&EC for the purposes of 404 permitting, 401 certification, and any required isolated
MAEroslon Control Divk trearn Calls120051Neuse1121905.TMBL4.45..2.WATERITCNdE
Messrs, Yates and Clark
Page 2
December 19, 2005
wetland permitting. The subject water features will require a typical N?use buffer, consisting
of an undisturbed, 30' Zone 1 to be measured from the top of the stream bank or normal
pool elevation of ponds landward, and an outer, 20' Zone 2, in which gearing and minor
grading is allowed.
The following is a description of how the buffers affect the property:
1. The previously mapped water feature noted as Feature A is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This point appears to be upstream of the one previously marked by S&EC,
may be north of the applicant's actual property line, and is locajted at the breech of an
abandoned dam.
2. The previously mapped water feature noted as Feature B is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This flag is located at the downstream end of a wetland that has been
delineated by S&EC.
3. The previously mapped water feature noted as Feature C is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This flag is located at what appears to be an old well.
4. The previously mapped water feature noted as Feature D is subject to the buffer
requirements downstream of a point which has been flagged its the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
5. The previously mapped water feature noted as Feature E is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
6. The previously mapped water feature noted as Feature F is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
7. The previously mapped water feature noted as Feature G is subject to the buffer
requirements across the property.
6. The previously mapped water feature noted as Feature His subject to the buffer
requirements across the property.
9. The previously mapped water feature noted as Feature I is subject to the buffer
requirements across the property. Be advised that Feature I, Cates Creek, has a
FEMA-identified Floodplain, and appears to ALSO be subject to Hillsborough Stream
MAErosion Control Div%Stream Calls120051Neuse1121905.TMBI-4.45..20ATERSTONE
Messrs. Yates and Clark
Page 3
December 19, 2005
Buffer requirements. You should contact Margaret Hauth with the Town to ensure
that the following information is correct:
a. Hillsborough Definition - Stream Buffer An area of land lying adjacent to
perennial streams which shall be required to remain in an undisturbed state,
unless the area is subject to serious erosion, in which case erosion resistant
vegetative cover shall be established and maintained.
b. Hillsborough Definition - Perennial Stream Stream which is shown as a solid
blue line on the United States Geodetic Survey quadrangle map of the Town.
c. Section 7.11.2b - The width of the stream buffer along perennial streams shall
be fifty (50) feet measured from the middle of the stream.
If you have further questions about the appiicaWn of the Zoning Qrdinlance to this property,
or how to calculate the buffer lengths, please contact Current Planning Staff at 919-245-
2575.
Since ely, f
tL
f
Q. Will Autry, CPESC
Erosion Control Officer it
Attachments: Aerial Photograph / Map
C: OC Current Planning Staff
OC Erosion Control Staff
Cyndi Karoli and John Dorney, DWQ
Todd Tugwell, USAGE
Margaret Hauth, Town of Hillsborough
File
MAErosion Control QivtStream Calls120051Neuset121905.TMBL4.45..2.WATER$TONE
Neuse Buffer Rules
..?,...?.a?.«p
Stream Determination z } _
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SLF 11 NCMMATERSTONE LLC SUITE 100 Subject Featum 13
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Detail Incomplete
Date 6 --13 ' y U
01
Please provide a location map for the project'
Please show all stream impacts including all fill slopes, dissipaters, and bank sti
`' ? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan. _
Please indicate proposed lot layout as overlays on the site plan.
3 ? Please indicate the location of the protected buffers as overlays on the site plan.
.A ? Please locate all isolated or non-isolated wetlands, streams and other waters of the
? 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 re
Please provide detail for the stormwater management practices as required by GC _
Please viweffpri6 percent of project imperviousness area based on the estimated bui
?1
Please indicate all stormwat ?,outfalls on the site plaq.
Please indicate the diffuse flow provision measures on the site plan.
(? (d (? ? Please indicate whether or not the proposed impacts already been conducted.
Avoidance. and/or Minimizatio t Provided
(? It"I e k. P f) cam el `Ct "M 4 k/A+-W 4w.J- J,; }
Thero 'labeled as on the plans does not appear to be necessary. Please el
information as to why it is necessary for this project.
P
h
? This Office believes that the labeled on the plans as can be moved or
. Please revise the plans to avoid the impacts.
?. This Office believes that the labeled on the plans as can be moved or r
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provid
. Please revise the plans and provide calculations to show that diffuse flow will
is not possible to achieve diffuse flow through the entire buffer then it may be necessary
practices that remove nutrients before the stormwater can be discharged through the buff
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre c
provide $ . This additional fee must be received before your application can be i
? Please complete Sec w on(s) on the application.
? Please provide a signed copy of the application.
? Please provide . copies of the application, copies of the site plans and other
Please submit electronic CAD files showing via email to ian.mcmillanCc
Mitigation
? of compensatory mitigation is required for this project. Please provi
plan must conform to the requirements in 15 A NCAC 2H. 0500 and must be appropriate
? Please indicate which 404 Permit the USACE would use to authorize this project.
Reviewed: _?4 vle_
ivu?P J `t-l? ? l?ji of 1-t w yt
n on the site plan.
bt -s
? a ?u' J f1.4 4-o s
Sktaov X&q-
as overlays on the site plan.
by GC I( s bJVU Y?
4 °th
conditions.
of 1--0-
the- =.-.cF provide additional
to avoid the impacts to the
mfigured to minimize the impacts to the
lifl'use flow through the buffer because
achieved through the entire buffer. If it
provide stormwater management
'impacts were requested. Please
information,
and CD;
a compensatory mitigation plan. The
the type of impacts proposed.