20060290 Ver 2_COMPLETE FILE_20061025

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PROGRAM
"REVISED REQUEST"
October 18, 2006
Bruce Radford
Town of Apex
PO Box 250
Apex, NC 27502
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UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Project: Beaver Creek Parkway County: Wake
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 the i
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of i;ie
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 your agent the impacts that may require compensatory mitigation are summarized in
the following table. This letter replaces the previous acceptance letter dated March 1, 2006. This letter acknowledges that
the NCEEP is willing to accept the additional riparian wetland impact requested. The table below reflects the total impacts
NCEEP will accept.
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
Cape Fear

03030004 0.29 0 0 0 0 227 0 0
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 Kelly Williams at [phone].
Sincerely,
., . `s" ? . . Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh ?X?
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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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Mr. Bruce Radford
Town of Apex
73 Hunter Street
Apex, NC 27502
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 2, 2006
DWQ Project # 06-0290
Wake County
Beaver Creek Parkway
Ut to Reedy Branch [030605, 16-41-10-1, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Radford:
On May 18, 2006, the DWQ issued a 401 Water Quality Certification (WQC) approval for this
project. On October 25, 2006, the DWQ received your modification request, dated October 25,
2006, to the aforementioned previously issued 401 WQC approval. Accordingly, you have our
approval, in accordance with the attached conditions and those listed below, to place fill within
or otherwise impact 0.286 acres of wetland and 358 linear feet of stream (227 linear feet
perennial stream, 131 linear feet intermittent stream) to construct the proposed thoroughfare.
After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USAGE). This
Certification replaces the Certification issued to you on May 18, 2006. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and other 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.
401 Oversighi/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Internet: http://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town of Apex
Page 5 of 5
November 2, 2006
The Additional Conditions of the Certification are:
Conditions of Certification:
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 A roved Units Plan Location or Reference
404/Wetland 0.286 acres PCN a e 4 of 9
Stream - perennial 227 linear feet PCN page 4 of 9
Stream - intermittent 131 linear feet PCN page 4 of 9
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. 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;
Town of Apex
Page 5 of 5
November 2, 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 15 NCAC 2H, Section.0500;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr. state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as
to prevent head cutting of the streams. If any of the existing pipes are or become perched, the
appropriate stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
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.
Town of Apex
Page 5 of 5
November 2, 2006
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 disequilibrium 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.
Certificate of Completion:
9. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Town of Apex
Page 5 of 5
November 2, 2006
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.
AW K/Um
Enclosures: GC 3404
Certificate of Completion
Sim rely
Alan W. Klimek, P.E.
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060290BeaverCreekParkway(Wake)401-MOD
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
ALI& www.SandEC.com
_ October 25, 2006
V D (D ' Q a,q O S&EC Project # 8663
To: US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Jamie Shern Attn: Cyndi Karoly
6508 Falls of the Neuse Rd, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, N.C. 27615 Raleigh, NC 27604-2260 r
From: Debbie Edwards
Soil & Environmental Consultants, P.A. p ??R le
11010 Raven Ridge Road ([
Raleigh, NC 27614 O C T 2 5 2006
Re: Modification Request for Beaver Creek Parkway
Apex, Wake County, NC WETLANOgAN? TOR ATERBR
STO?yryygTER BRANCH
On behalf of the Town of Apex (Attn: Bruce Radford), please find attached a complete application
and supplemental information requesting a modification of the previously issued Nationwide Permit
14 from the U.S. Army Corps of Engineers (USACE) and Water Quality Certifications 3404 from
the North Carolina Division of Water Quality (NC-DWQ). Please contact me at [phone] if
you have any questions or require additional information.
PROJECT SUMMARY
Project Name Beaver Creek Parkway
Project Type Thoroughfare
Owner / Applicant Town of Apex
County Wake
Nearest Town Apex
Waterbod Name Reed Branch & UT to Reed Branch
Basin / Sub-basin 03-06-05
Index Number 16-41-10-1
Class WS-IV; NSW
IMPACT SUMMARY
Stream Impact (acres): 0.031
Wetland Impact (acres): 0.286
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.317
Total Stream Impact (linear feet): 358
Attachments:
Pre-construction Notification (PCN) Application
Agent Authorization
USGS Vicinity Map
Wake County Soil Survey
DWQ Water Quality Certification (06-0290)
Nationwide Permit Verification (AID 200620374)
EEP Acceptance letter (dated 10/18/06)
EEP Payment Invoice and check copy
Figure 3-previously approved impact map
Overall Site Plan
Detailed Impact Maps
$475.00 Water Quality Certification Fee
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: (336)'540-8235
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. Y (o - 0 d 9 O
(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:
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:
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
F@PmDwFm
OCT 2 5 2006
Mailing Address:_ 73 Hunter Street WETLANDS AND STOMarFR RI
PO Box 250
Apex, NC 27502
Telephone Number: [phone] Fax Number: N/A
E-mail Address: N/A
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: Debbie Edwards
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 I of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Beaver Creek Parkway
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A.
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The proposed thoroughfare
connects the existing Zeno Road to existing Kelly Road SR 1163) approximately 1 mile
south of Highway 64.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7427 ON 78.8906 °W
6. Property size (acres): N/A-linear transportation project
7. Name of nearest receiving body of water: Reedy Branch (16-41-10-1; WS-IV; NSW)
8. River Basin: Cape Fear 03-06-05
(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/mgps/.)
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 existing condition in the project corridor is a mixed
hardwood forest. General land use in the vicinity of the project area includes extensive
residential and commercial development.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a thoroughfare/collector road Specifically, this
project is an extension of the existing Zeno Road to Kelly Road (SR 1163) which has been
on the Town's Thoroughfare Plan Heavy equipment associated with land clearing grading,
and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to extend
the existing Zeno Road to Kelly Road to accommodate increasing traffic volume in this area
due to increased residential and commercial development
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. S&EC completed a detailed wetland delineation within the proposed
corridor and surrounding areas during 2005 and early 2006 In January 2006, Mr. Monte
Matthews with the USACE conducted a site visit to confirm jurisdictional features (AID
200620374). On March 13 2006, a Nationwide Permit 14 verification was issued for this project
along with the Jurisdictional Determination (see attached) In addition a Water QualitX
Certification was approved on May 18 2006• DWQ Project #06-0290 (see attached)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
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.
Page 3 of 9
Provide a written description of the proposed impacts: The proposed permanent impacts consist
of 227 linear feet of perennial/important stream channel 131 linear feet of intermittent/
unimportant stream channel and 0.286 acres of jurisdictional wetlands resulting from proposed
road construction.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
2 Permanent-Fill Forested No 0 0.040
3 Permanent-Fill Forested No -60' 0.026
4 Permanent-Fill Forested No -15' 0.004
6 Permanent-Fill Forested No -5' 0.008
7 Permanent-Fill Forested No -30' 0.145
8 Permanent-Fill Forested No -60' 0.063
Total Wetland Impact (acres) 0.286
2. List the total acreage (estimated) of all existing wetlands on the property: N/A (please see
impact map for acreages of wetlands identified in the vicinity of the project
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 Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
I UT to Reedy
Branch Permanent-Culvert Intermittent 2'- 4' 131 0.010
5 Reedy Branch Permanent-Culvert Perennial 4'- 5' 227 0.021
Total Stream Impact (by length and acreage) 358 0.031
4. 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.
Page 4 of 9
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
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.031
Wetland Impact (acres): 0.286
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.317
Total Stream Impact (linear feet): 358
6. 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.
7. 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.
The proposed impacts are necessary to complete the final section of roadwav for a Manned
thoroughfare (Beaver Creek Parkway, extension of Zeno Road) for the Town of Apex S&EC
delineated the wetland areas in the vicinity of the roadway alignment and surrounding areas to
avoid and minimize impacts to jurisdictional areas to the maximum extent practicable This
project with the current alignment (see figure 3) was approved by the USACE and the NCDWO
Page 5 of 9
earlier this year (see prior project history) therefore already receiving the "no practical
alternatives" review. It was essential for the applicant to request and receive previous approvals
however was unable to move forward because this project is proposed to cross the corridor of the
future I-540. At that time, the future I-540 had not been through the regulatory process far
enough to guarantee the location of it's corridor. Now, I-540 has gone through the re latory
review process, has received input from the regulatory agencies and the corridor location has
been finalized. Specifically, the location and elevations necessary to construct I-540 are
requiring an increase in the footprint of the fill needed to construct Beaver Creek Parkway.
Because of this, the USACE is in agreement that this is adequate justification for the additional
impacts. Please note that initially this increase in the footprint of fill exceeded the Nationwide
Permit thresholds and was requiring the project to be pushed into an Individual Permit However
with additional planning and design, the applicant was able to utilize retaining walls and to
minimize stream impacts to Reedy Branch, therefore allowing the use of Nationwide Permit 14
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.
Page 6 of 9
Mitigation will be required for the perennial stream crossing of 227 linear feet and the
0.29 acres of jurisdictional wetlands. Payment the Ecosystem Enhancement Program (EEP)
is proposed to offset these impacts please see attached EEP acceptance letter. In addition
with the previous approvals, a payment of $105,987.50 has already been made (see attached
invoice and copy of check).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 227
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.29
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
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.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .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.
I I Required
Zone* I Impact Multiplier
1 I 13 (2 for Catawba)
2 1.5
Total
* 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
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260.
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.
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.
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
Page 8 of 9
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:
Since adjacent development is already in existence we believe cumulative impacts due to the
proposed road will not be an issue. The road is being built to address a need caused by existing
and/or approved developments not to allow for potential or future development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Wake County, NC [phone] - [phone]
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Project Mgr.: BEAVER
CREEK PARKWAY Soil & Environmental Consultants, PA
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DE 11010 Raven Ridge Rd.- Raleigh, NC 27614
Wake County, NC
[phone] • [phone]
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01/25/2006 14:35 9192493407 TOWN OF APEX PAGE 02/02
Name:
Address:

Consultants,
D

Phono:
Project NameMmription
? ? f?ti y t s&EC Project #
Date: - 1 " 0? O k4
The Dgmtment of the Army
U.S. Army fps of Engitteets, Wilmington District
P.O. Box 1890
Wilington, NC 28402
Attn: /home
Field Office:
J -?
Re: Wetlands Related Consulting and Perntitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Soil & Environmental Consultants,
PA to act in my behalf as my agent in tho processing of permit applications, to furtsish upon information in support of applications, etc. from this day forward. The ZS Pou supplemental
day ofG n 06
This notification supersedes any previous correspondence concerning the agent for this
project.
NOTICE: This anthorizatlon, for lability and professtonid courtesy reasons, is vand only for government oMeWs to
enter the property when accompanied by S&EC.stafla You skould Call SPEC to arrange a site meeting prior to
visiting the site,
YU c.2r a.?
Print Property Owner's or Municipal Official's Name ??p
ropy Owaor,a Municipal Official's Signature
cc; Ms. Cyndi ]icer+oly
NCDENR - DWQ cc; Mr. Aaron Cooper
2321 Cmbtrco Boulevard Soil do Bnvirtimmeatal ConsWunts, PA
Raloigk, NC 276,04
236 LePhillip Court, suite C
Concord, NC 28025 3$l7 dates per.
Phone: [phone] c --$bM, NC 27455
Fes: [phone] Phone; [phone]
Fa-'(336):5404235
AGENT AUFHORIZAnON FORM
All Blanks To Be Filled in By The ' ndgwna or ttru 1(lffi?tal
O?0 W AT ?9PG
1A) U
O "C
May 18, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0290
Wake County
Mr. Bruce Radford
Town of Apex
73 Hunter Street
Apex, NC 27502
Subject Property:
Beaver Creek Parkway
Ut to Reedy Branch [030605,16-41-10-1, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Radford:
R ECEIVE
MAY ? 4 ?006
Soil Sr En mnnemai Grmeultenis. PA
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.114 acres of wetland and 341 linear feet of stream (227
linear feet perennial stream, 114 linear feet intermittent stream) to construct the proposed
thoroughfare, as described within February 22, 2006, and received by the DWQ on February 22,
2006, with more information received on May 9, 2006. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and other 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.
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.statg.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Nor` hCarolina
Xaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Apex
Page 5 of 5
May 18, 2006
The Additional Conditions of the Certification are:
Conditions of Certification:
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 0.114 acres PCN page 4 and 5 of 9
Stream - perennial 227 linear feet PCN page 4 and 5 of 9
Stream - intermittent 114 (linear feet) PCN page 4 and 5 of 9
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. 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;
Town of Apex
Page 5 of 5
May 18, 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 15 NCAC 2H, Section.0500;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents. htm.;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as
to prevent head cutting of the streams. If any of the existing pipes are or become perched, the
appropriate stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
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.
Town of Apex
Page 5 of 5
May 18, 2006
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 disequilibrium 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.'
Miti ation:
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
404 Wetland 0.228 acres Cape Fear/03030004
Stream 227 linear feet Cape Fear/03030004
Town of Apex
Page 5 of 5
May 18, 2006
Certificate of Completion:
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. 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.
Sincerely,'
OY4,la-4
Alan W. Klimek, P.E.
AWK/Um /P1
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC 3404
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Aaron Cooper, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060290B eaverCreekParkway(Wake)401
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200620374 County: Wake
USGS Quad: New Hill
EGE IVE
MAR 15 2006
By: Soil 6 Environmental Cai?.cultants. Pb
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Bruce Radford
Address: Town of Apex
PO Box 250
Apex, NC 27502
Telephone No.: 919-749-3418
Size and location of property (water body, road name/number, town, etc.): The project site would connect the
existing dead-end of Zeno Road to existine Kelly Road near the intersection of Kelly Road and Wendurst Court
in Apex, Wake County, NC. The project is identified as Beaver Creek Parkway
Description of projects area and activity: This permit authorizes 0.114 acre of permanent impacts to a forested
wetland, 227 LF of permanent impact to a perennial stream (UT of Reedv Branch). and 0.005 acre of impact to
an intermittent stream having unimportant aquatic functions (UT of Reedy Branch). All impacts are for the
construction of a public roadway. Mitigation is required for the wetland and perennial stream impacts stated
above. MitiEation ratio is assessed at a 2:1 rate. See the Permit Conditions stated below.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management.
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Condition: In order to compensate for impacts to 227 linear feet of stream and 0.114 acres of wetlands the
permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 454 linear feet of warm water stream and 0.23 acres
of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
-2-
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
?r
Corps Regulatory Official Monte Matthews \\ Date: March 13, 2006
Expiration Date of Verification: March 18, 2007
-3-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued - Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corns
Wetland Delineation Manual and are adjacent to a UT to Reedy Branch. The property also contains stream
channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or
terrestrial vegetation and are hydrologically connected to Reedy Branch in the Cane Fear River Basin.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to
appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of
the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 13, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Monte Matthews
Date March 13, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Soil and Environmental Consultants, PA
Attn: Aaron Cooper
11010 Raven Ridge Road, Raleigh, NC 27614
10-20-'06 11:09 FROM-DENS EEP 9197152001 T-297 P02/02 U-861
Bruce Radford
Town of Apex
PO Box 250
Apex, NC 27502
-= cos stem
PROGRAM
**I2EVI- RE VEST*'s
October 18, 2006
Project: Beaver Creek Parkway County: Wttke
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 thel.
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of tae
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 tho applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC REP 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 your agent the impacts that may require compensatory mitigation are summarized in
the following table. This letter replaces the previous acceptance letter dated March 1, 2006. This letter acknowledges that
the NCEEP is willing to accept the additional riparian wetland impact requested. The table below reflects the total impacts
NCEEP will accept.
River Basir
Cataloging
Unit
Fear I 0.29
IAAA
Wetlands
(Acres)
tt arias Coastal Marsh
0 0
Stream
(Linear Feet)
0 1 227
0
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 tho 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 Kelly Williams at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
Sincerely,
71URm. Gilmore, PE
Director
, file
RP.StDrul?j .
EKkVtCigg.
.. 1>rot" ow State,
M
MUM
North Carolina Ecosystem Enhancement P rogram, 1652 Mail Service Center, Raleigh, NC 276 99-1652 / 919.715-0476 1 www.nceep.net
Buffer Buffer
Zone 1 Zone 2
Sq. Ft.) (Sq. Ft.)
Y
Ecosystem
PROGRAM
INVOICE
March 24. 2006
DWQ#: n/a
COE#: 200620374
Bruce Radford
Town of Apex
P0Box250
Apex. NC 27502
Project: Beaver Creek Parkway County: Wake
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. In accordance with 15A
NCAC 211.0500, your fee 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 Carol Shaw at 919-733-5205.
Riparian Wetlands 0.25 acres x $ 26,246.00 = $ 6,561.50
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $
Saltwater Wetland 0 acres x $131,230.00 = $
Stream 454 linear feet x $ 219.00 $ 99,426.00
•
Buffer - Zone 1 0 square feet x $ .96 $
Buffer - Zone 2 0 square feet x $ .96 =
Total amount of payment $ 105,987.50
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC 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 be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly DWQ Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
*Kutor ... E ... Prot"' ou'r Sta&
,n
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh. NC 27699-1652 1919-715-0476 / www.nceep.net
Ent Name Acct No .
ce ;
invoi _. . .
!,.. , We
P-0- Num
Refeterice,
Amtiunt_.
Discount'
Net ..,
90243 PEX, NC (SOUTH) 1120-005 E1f20062037 4128/2006 PERMIT FEE 105,987.50 0.00 105,987.50
or . NAQi?;IST-CAROWNA AAEXPHASE III.LLC Date Check No. ; . Check Amount.
Pa ee' . NC:6ENR ECbSYSTEM ENHANCEMENT 412812006 001257 ;105,987.60
-;.;:Rot?kC1?'sl?(a?encforf?orir recoils. .
.?.
low
iactR A•A g . w?r?;c* r?ca o? rs 4x ?zt?sc rsz; .,
tv
34
ijA F(WAY NATIONAL CITY BANK
410
Date Check No. Check Amount
4/28/200.6:' 001257 $105,987.50
rr»¦w.rr Otte Hundred Five Thousand Nine Hundred Eighty Seven ND 50!10 0
it ECOSYSTEM ENHANCEMENT
N
N
0
AL1H, C6J=1652 Two Signatures required if over; 1500D
.i+E 1 .c L'0 AN-, n /.n'I+a-s? ,-iH?-EJ'aPN17tT :.!1EGN, V':JNblJifi
? 5. %=F,, , =?2^at, 5: r55t1E-bat7dl, 5ig55S3, i9843Ua. 5Q:ID440
x10012 57112 1:04100012 41: 98 L L955 2 911'

P
P BEISSION6
N
--------------------------
----------- ---------------
---------------------------------------
------------------------------------------
------------------------------------------
-. ' L

t 0 uS

4

J p
&MWE sub-

IGURE

3
-

IMPACT unmNa ?*.
?e
- I
11W SHM NO.
?
MAP
?- f ? _
RMDWAY GEAGN mypWAKS
i
p
WETLAND DELINEATION y
AT-GRADE
/
?
A
40
lool
' AT GRADE
aea area ?/' 'P r¢
\v statlai . length h i nm ber i arm sq 41 rnm6er //
-;i6+D9.00?dy 11397 1 i 99.42 j 2 !UTtoReedyBranoh: .?
27+56.Do M 1 3 61.96 wetland z I ' eI de q'
26+50.00 4
`k 28t50.D0 ?) 226.64 '
346.19 I $ t ?? !1 j , . i l Ps
29+50.00 lN' 1? 691•µ wetland % r.f
/
f i 30400.00 i 2740.68 i 1 wetland x
2oyG TOTAL 341 4965.E
\
t
it"c5 i•ti
?z?
T lBu R _
L
11 ?1t
C rrvPA
INM
SE F%l
ryp(
;har
ICIIC

r4
LEGEND
?? C I ® IMPACTED WETLANDS
NONIMPACTED WETLANDS
- -- - REEDY BRANCH RIVER
C,
N[
NOTEALLTM WAS MOM M Aa<
DFD m
°
FL/
w RAMEY IQ MP & ASSOCIATES, INC.
w? y so po
®I N>e-A Fqy MO plw
Rl\
1 tit ? I t %B-Ei-5115 t9-SI6-Nlr 6?'rw ? rmi
-- - - - - - - - - - - - - - - - - - - - - - - - - -
INCOMPLE PLANS
no Nm o? rox r AOOVL43WN
PRELIMIN
w nor vx Y PLANS
cmxlaw
P
P mvislom
N
MOXCT BlOgNa NO. No.
FIGURE 3 - IMPACT MAP
--
`°A°" "
e
------------
f
------------------------------------------
WETLAND DELINEATION
AT-GRADE- ;
- /
10 z
40
ti
?T
AT GRAD E j
area
l
sta8on t l area sq a mober
16+09,00 (N 113.97 1 99.42 2 Uf o
t Reedy Branch
Z7+96.00 (it) 3 ? 87.66 Wetland
2&5..00 22864 4 Reedy Branch
28+50.00 (it) 1 346619 5 f Wetland
29+50.00 (N 1691.44 6 Wetland
30+00.00 2740.68 7 Wetland

TOTAL I 341 4965.59

0114 ac?as
?r.
- ; ? ? ,? i yr` / ,,?> ? / / ? ?
F ?
--------------------
,: --
o / .5
40
i
p
'4-
X,
\ r / 11 /? r' / ¢A 3a ?'
c {?
ti
?k CD
i IV
?t SF''.? / 6 _ \
BUT
Y r /.
i
?-?L7 ?7.
\' LEGEND
IMPACTED WETLANDS
C;
NONIAhPACTED WETLANDS
REEDY BRANCH RIVER
lbw - / ? s?.,l/+ , s ?, ,, • ;??` NOTEAuYM WAS roan.m BY NCDW
! RAMEY TEMP A ASSOCIATES, INC.
bbM «0YA fitlyX0oOmMw
«»b ?1 MrcN W t7W9
MMM 1 b ? I L 91iCR-SHS it NFfR-54101mf -
- - - - - - - - - - - - - - - - - - - ---
- - - - --- M
INCOMPLE PLANS
m xm om rax • ACVU®ilDN
PRELIMIN
ro xor o? Y PLANS
crosnocr««
REVISIONS
- - - - - - - - - - - -

PROJECT REFERENCE N0. SHEET N0.
PLNA_1_20919 PLNA 1_20918
---------- --- R/W SHEET NO. PUJA120903
- -
'. -- I ROADWAY DESIGN HYDRAULICS
ENGINEER ENGINEER
INCOMPLETE PLANS
DO NOT Use FOR e/w A0=9TION
PRELIMINARY PLANS
DO NOT USE FOR CQ6RRUCNON
/-- 335 I
L --------1
AREAS FOR INSET A
SET A Station Number Length Area Sq Ft Type
13125 427 33 Channel
106+06.84 1
106+44.90 (rt) 2
1751.58 Jurisdictional Wet
land
Q)
TOTAL
131.25 2178.98
(0.058 acres)

o -
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I
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O

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° _

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\ I
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I

2 5 2 006
,
_
- DEI41IR
- - - - - - - - - - - WD0 WATER
D STO UALITY
TER BRANCH
..
r INTEI?,MITTE-NT LEGEND
\ ,
S TR E_A ) IMPACTED WETLANDS
3,3,5 \ ® NONIMPACTED WETLANDS
4Q O 4 I .- - REEDY BRANCH RIVER
I ? -
= `- - - I NOTE: ALL TOPO WAS PROVIDED BY NCDOT
L --- - - - - - L - - - - - - - - - - - - - - - - - - - - - - RAMEY KEMP 8 ASSOCIATES INC.
1 inch = 40 ft.

Fo-en-sns w. aa-Te-s.ie +o. - ....roe,wNc.
"°M' a
N

_ I
----- ------
1 ?.
9?
r --7--7--71-7-
-7 7:
I
I
L
I

F
i / 0
I ?
I ?
I
AREAS FOR INSET B
I Station Number Length Area Sq Ft Type
117+15.94 (It) 3 1117.79 Jurisdictional Wetland
p 117+52.64 (It) 4 186.49 Jurisdictional Wetland
118+34.73 5 226.67 907.86 Reedy Branch
118+39.78 (It) 6 346.19 Jurisdictional Wetland
119+90.08 (rt) 7 6309.34 Jurisdictional Wetland
120+41.63 8 2740.68 Jurisdictional Wetland

TOTAL 226.67 11608.35
(0.266 acres)
40 0 40 80
I
I
( IN FEET)
1 inch = 40 ft.
I
F- I
I
i
I
LEGEND
IMPACTED WETLANDS
® NOMMPACTED WETLANDS
REEDY BRANCH RIVER
- - - - - - I NOTE: ALL TOPO WAS PROVIDED BY NCDOT
MOX.CT REFERENCE Ha SHEET Ha
- - '-"' - -- ROADWAY DESIGN HYDRAAt1C5
-. ,.. ENGNEER ENGINEER
DO NOT USE FJONCONSTRUCTION
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
_ October 25, 2006
V Q_ S&EC Project # 8663
To: US Army Corps of Engineers NC Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit ?.
Attn: Jamie Sherri Attn: Cyndi Karoly
6508 Falls of the Neuse Rd, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, N.C. 27615 Raleigh, NC 27604-2260
From: Debbie Edwards ? 9 r___1 I CP E3
??/](? D
Soil & Environmental Consultants, P.A. IuuAvu( V L5
11010 Raven Ridge Road O C T 2 5 2006
Raleigh, NC 27614
UENR - VVATER QUALITY
Re: Modification Request for Beaver Creek Parkway WETlANDSANDSTORMWATERBRANCH
Apex, Wake County, NC
On behalf of the Town of Apex (Attn: Bruce Radford), please find attached a complete application
and supplemental information requesting a modification of the previously issued Nationwide Permit
14 from the U.S. Army Corps of Engineers (USACE) and Water Quality Certifications 3404 from
the North Carolina Division of Water Quality (NC-DWQ). Please contact me at [phone] if
you have any questions or require additional information.
PROJECT SUMMARY
Project Name Beaver Creek Parkway
Project Type Thoroughfare
Owner / Applicant Town of Apex
County Wake
Nearest Town Apex
Waterbod Name Reed Branch & UT to Reed Branch
Basin / Sub-basin 03-06-05
Index Number 16-41-10-1
Class WS-IV; NSW
IMPACT SUMMARY
Stream Impact (acres): 0.031
Wetland Impact (acres): 0.286
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.317
Total Stream Impact (linear feet): 358
Attachments:
Pre-construction Notification (PCN) Application EEP Acceptance letter (dated 10/18/06)
Agent Authorization EEP Payment Invoice and check copy
USGS Vicinity Map Figure 3-previously approved impact map
Wake County Soil Survey Overall Site Plan
DWQ Water Quality Certification (06-0290) Detailed Impact Maps
Nationwide Permit Verification (AID 200620374) $475.00 Water Quality Certification Fee
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: (336),540-8235
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. V L D Lo - O a.9 D
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project: V 0
® 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: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 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: ?
Q12 c_aW? D
II. Applicant Information D
1. Owner/Applicant Information
O C T 2 5 2006
Name: Town of Apex (Attn: Bruce Radford) DENR - WATER QUAD jTy
Mailing Address: 73 Hunter Street ?'?°9`tU0fflU ST MW? TER BRANCH
PO Box 250
Apex, NC 27502
Telephone Number: [phone] Fax Number: N/A
E-mail Address: N/A
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: Debbie Edwards
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: dedwardsna,SandEC.com
Pagel of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Beaver Creek Parkway
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The proposed thorou fare
connects the existing Zeno Road to existing, Kelly Road (SR 1163) approximately I mile
south of Highway 64.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7427 ON 78.8906 °W
6. Property size (acres): N/A-linear transportation project
7. Name of nearest receiving body of water: Reedy Branch 16-41-10-1: WS-IV: NSW)
8. River Basin: Cape Fear 03-06-05
(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 existing condition in the project corridor is a mixed
hardwood forest. General land use in the vicinity of the project area includes extensive
residential and commercial development.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a thoroughfare/collector road. Specifically, this
project is an extension of the existing Zeno Road to Kelly Road (SR 1163) which has been
on the Town's Thoroughfare Plan. Heavy equipment associated with land clearing` grading,
and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to extend
the existing Zeno Road to Kelly Road to accommodate increasing, traffic volume in this area
due to increased residential and commercial development.
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. S&EC completed a detailed wetland delineation within the proposed
corridor and surrounding areas during 2005 and early 2006 In January 2006, Mr. Monte
Matthews with the USACE conducted a site visit to confirm jurisdictional features (AID
200620374). On March 13 2006, a Nationwide Permit 14 verification was issued for this project
along with the Jurisdictional Determination (see attached). In addition a Water Quality
Certification was approved on May 18, 2006• DWQ Project #06-0290 (see attached)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
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.
Page 3 of 9
Provide a written description of the proposed impacts: The proposed permanent impacts consist
of 227 linear feet of perennial/important stream channel 131 linear feet of intermittent/
unimportant stream channel and 0.286 acres of jurisdictional wetlands resulting from proposed
road construction.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
2 Permanent-Fill Forested No 0 0.040
3 Permanent-Fill Forested No -60' 0.026
4 Permanent-Fill Forested No -15' 0.004
6 Permanent-Fill Forested No -5' 0.008
7 Permanent-Fill Forested No -30' 0.145
8 Permanent-Fill Forested No -60' 0.063
Total Wetland Impact (acres) 0.286
2. List the total acreage (estimated) of all existing wetlands on the property: N/A (please see
impact map for acreages of wetlands identified in the vicinity of the project
3. 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
I UT to Reedy
Branch Permanent-Culvert Intermittent 2'-4' 131 0.010
5 Reedy Branch Permanent-Culvert Perennial 4'- 5' 227 0.021
Total Stream Impact (by length and acreage) 358 0.031
4. 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.
Page 4 of 9
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
5. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres): 0.031
Wetland Impact (acres): 0.286
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.317
Total Stream Impact (linear feet): 358
6. 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.
7. 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.
The proposed impacts are necessary to complete the final section of roadwav for a planned
thoroughfare (Beaver Creek Parkway, extension of Zeno Road) for the Town of Apex S&EC
delineated the wetland areas in the vicinity of the roadway alignment and surrounding areas to
avoid and minimize impacts to jurisdictional areas to the maximum extent practicable This
project with the current alignment see figure 3 was approved by the USACE and the NCDWQ
Page 5 of 9
earlier this year (see prior project history) therefore already receiving the "no practical
alternatives" review. It was essential for the applicant to request and receive previous approvals
however was unable to move forward because this project is proposed to cross the corridor of the
future I-540. At that time, the future I-540 had not been through the regulatory process far
enough to guarantee the location of it's corridor. Now I-540 has gone through the re ug latory
review process, has received input from the regulatory agencies and the corridor location has
been finalized. Specifically, the location and elevations necessary to construct I-540 are
requiring an increase in the footprint of the fill needed to construct Beaver Creek Parkway:
Because of this, the USACE is in agreement that this is adequate justification for the additional
impacts. Please note that initially this increase in the footprint of fill exceeded the Nationwide
Permit thresholds and was requiring the project to be pushed into an Individual Permit. However
with additional planning and design, the applicant was able to utilize retaining walls and to
minimize stream impacts to Reedy Branch, therefore allowing the use of Nationwide Permit 14
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.
Page 6 of 9
Mitigation will be required for the perennial stream crossing of 227 linear feet and the
0.29 acres of jurisdictional wetlands. Payment the Ecosystem Enhancement Program (EEPJ
is proposed to offset these impacts, please see attached EEP acceptance letter. In addition,
with the previous approvals, a payment of $105,987.50 has already been made (see attached
invoice and copy of check).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wip/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): 227
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.29
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
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.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
* I Impact I Required
Zone ?? , Ye c e.? Multiplier
1 3 (2 for Catawba)
2 1.5
Total
* 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.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
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.
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.
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
Page 8 of 9
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:
Since adjacent development is already in existence we believe cumulative impacts due to the
proposed road will not be an issue. The road is being built to address a need caused by existing
and/or approved developments not to allow for potential or future development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
. Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
01/25/2006 14:35 9192493407 TOWN OF APEX, PAGE 02/02
Soil & Environmental Consultants,
pogo ? ?a x?a . "Ci xo<m P,t?
Carolina 27614 • Phone: (919) 846.."M FM [phone]
"V. uaccom
lot
AGENT AUTHORIZATION FORM
( Bl To Be Filled ICY 110 nt Landowner or Mum 1 fficW
Name:
Address:
P C,
Phone: t
Project Narne0mription ? C
?. t v { S.&EC Project #
bate:
',The Dopattmtnt of the Army
U.S, Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
d Offico; Ayn4-e- 07 s
G L,
Re: Wetlands Related Consulting and PetYnitting
To Whom It May Concern:
I, the cunvnt landowner or municipal official, hereby designate and aun
PA to act in my behalf as my agent in rho proa=ing of permlt applictlonsorith,zetoSo il furni 8t shBu n
informAtion in support of applications, etc. from this day forward. The ZS Iviro 'O intnenreque$t tal supplCoe pule s,ental
T_ day of Vie, d
This not cation supcreedes any previous correspondence coaceaning the agent for this project.
N011CE: Ills authorization„ for 1iabWty and professional court
eAter the property when accompanied by S&EC.staff. You should call rea§01116 valid only
S&ECito acra for government officials to
visiting the site. nV ice a site meeting prior to
sue= Q?
Print ?;Own tter's or Municipal OfFicial's Name ??p
ropy Ownor a Municipal Official's Signattve
cc: Ms. Cyndl Ketoly
NCDENR - DWQ cc: Mr. Aaron Cooper
2321 Crabtreo Boulevard Soil Bnvu onquental Conatr(tsnte, PA
Raleigh, NC 27604
236 Lephillip Court, Suite C
Concord, NC 28025
Phony [phone]
Fax. [phone]
3$17-1? IAwndale Drive
G.3b1ro, NC 27455
Phone: [phone]
Fax' [phone]

6
Project No. Figure I - I :24K USGS
&GG3.W I Topographic Quadrancgle
Project Mgr.:
BEAVER CREEK PARKWAY
Wake County, NC
Scale:
I" = 2,000'
New Hill Quadrangle
i 01MIM Dated 1993
EXISTING
ZENO ROAD
j Soil & Environmental Consultai
11010 Raven Ridge Rd.- Raleigh, NC 27
[phone] - [phone]
Web Page: www.SandEC.com

PA
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EXISTING
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PROPOSED:
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W A T ?9QG
May 18, 2006
Alan W. Klimek, P.B. Director
Division of Water Quality
DWQ Project # 06-0290
Wake County
Mr. Bruce Radford
Town of Apex
73 Hunter Street
Apex, NC 27502
Subject Property:
Beaver Creek Parkway
Ut to Reedy Branch [030605, 16-41-10-1, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Radford:
R ECEIVE
MAY P. 4 2005
By: Soil B Enit?erarnmW EonwIlenis. PA
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.114 acres of wetland and 341 linear feet of stream (227
linear feet perennial stream, 114 linear feet intermittent stream) to construct the proposed
thoroughfare, as described within February 22, 2006, and received by the DWQ on February 22,
2006, with more information received on May 9, 2006. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and other 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.
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
NonehCarolina
Na&ffl11y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Apex
Page 5 of S
May 18, 2006
The Additional Conditions of the Certification are:
Conditions of Certification:
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 0.114 acres PCN page 4 and 5 of 9
Stream - perennial 227 linear feet PCN a e 4 and 5 of 9
Stream - intermittent 114 (linear feet PCN page 4 and 5 of 9
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state Water quality standards, statutes, or rules occur;
4. 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;
Town of Apex
Page 5 of 5
May 18, 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 15 NCAC 2H, Section.0500;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as
to prevent head cutting of the streams. If any of the existing pipes are or become perched, the
appropriate stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
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.
Town of Apex
Page 5 of 5
May 18, 2006
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 disequilibrium 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.'
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
404 Wetland 0.228 acres Cape Fear/03030004
Stream 227 linear feet Cape Fear/03030004
Town of Apex
Page 5 of 5
May 18, 2006
Certificate of Completion:
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. 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.
Sincerely,
OY4
Alan W. Klimek, P.E.
AWKl1?m
Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
GC 3404
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Aaron Cooper, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060290BeaverCreekParkway(Wake)401
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200620374 County: Wake
USGS Quad: New Hill
?ECEIVE
D
MAR 15 2006
By: Soil & Emdrmimental Culmdtanis, PA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Bruce Radford
Address: Town of Apex
PO Box 250
Apex, NC 27502
Telephone No.: 919-749-3418
Size and location of property (water body, road name/number, town, etc.): The project site would connect the
existing dead-end of Zeno Road to existing Kelly Road near the intersection of Kelly Road and Wendurst Court
in Apex, Wake County, NC. The proiect is identified as Beaver Creek Parkway
Description of projects area and activity: This permit authorizes 0.114 acre of permanent impacts to a forested
wetland, 227 LF of permanent impact to a perennial stream (UT of Reedv Branch). and 0.005 acre of impact to
an intermittent stream having unimportant aquatic functions (UT of Reedy Branch). All impacts are for the
construction of a public roadway. Mitigation is required for the wetland and perennial stream impacts stated
above. Mitigation ratio is assessed at a 2:1 rate. See the Permit Conditions stated below.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management.
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Condition: In order to compensate for impacts to 227 linear feet of stream and 0.114 acres of wetlands the
permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 454 linear feet of warm water stream and 0.23 acres
of riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
-2-
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
rV \?
Corps Regulatory Official Monte Matthews Date: March 13, 2006
Expiration Date of Verification: March 18, 2007
-3-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corns
Wetland Delineation Manual and are adjacent to a UT to Reedy Branch. The property also contains stream
channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or
terrestrial vegetation and are hydroloeically connected to Reedy Branch in the Cape Fear River Basin.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to
appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of
the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 13, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Monte Matthews
Date March 13, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Soil and Environmental Consultants, PA
Attn: Aaron Cooper
11010 Raven Ridge Road, Raleigh, NC 27614
20-20-'06 11:09 FROM-DENR EEP 9197152001 T-297 P02/02 U-861
Bruce Radford
Town of Apex
PO Box 250
Apex, NC 27502
- cos ?sem
PROGRAM
**ItEVISEb ?,E U'ES'?*'?
October 18, 2006
Project: Beaver Creek Parkway County: Wake
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 t5e
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. U 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 EPP 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 your agent the impacts that may require compensatory mitigation are summarized in
the following table. This letter replaces the previous acceptance letter dated March 1.2006_ This letter acknowledges that
the NCEEP is willing to accept the additional riparian wetland impact requested. The table below reflects the total impacts
NCEEP will accept.
River Basin Wetland
Cataloging (Acres)
Unit
Cape Fear
03030004
0 29 0
1
Stream
(Linear Feet)
Cool
0 1 0 1 0
Buffer Buffer
Zone 1 Zone 2
(Sq. Ft.) (Sq. Ft.'
Warm
227 0 0
Upon receipt of payment, 1?1?P 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 Kelly Williams at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
fl
Sincerely,
7lUam. Gilmore, Pli
Director
RP?tDruig... EKha"-.. 1>ro" our StG& DEtrR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919.715-04761 www_nceep.net
Y
Ecosystem
PROGRAM
INVOICE
March 24. 2006
DWQ#: n/a
COE#: 200620374
Bruce Radford
Town of Apex
P0Box250
Apex. NC 27502
Project: Beaver Creek Parkway County: Wake
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. In accordance with 15A
NCAC 2H.0500, your fee 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 Carol Shaw at 919-733-5205.
Riparian Wetlands 0.25 acres x $ 26,246.00 = $ 6,561.50
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $
Saltwater Wetland 0 acres x $131,230.00 = $
• Stream 454 linear feet x $ 219.00 $ 99,426.00
Buffer - Zone 1 0 square feet x $ .96 $
Buffer - Zone 2 0 square feet x $ .96 = £
Total amount of payment $ 105,987.50
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to the NC 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 be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly DWQ Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
*KutDY itj... 1 ... Prot"' DGGY State,
J
???
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Ent Name Acct No Invoice Date P.O Nurn Reference Amount . Discount '; Net ..,
90243 PEX, NC (SOUTH) 1120-005 E#20062037 4128/2006 PERMIT FEE 105,987.50 0.00 105,987.50
:J Oez 'DDR„2ST-CAROWNA APEX PHASE NI LLC Date Check No. Check Amount.
Pa ee: `. NO OENR ECOSYSTEM ENHANCEMENT 412812006 001257 $105,987.60
Date Check No. Check Amount
4!28!2006' 001257 a1 05,98T.50
t: One Hundred Five Thousand Nine Hundred Eighty Seven ND 50!10 o I
V ro_f:
DENR ECOSYST1514t ENHANCEMENT
'f 652 MAIL SERVICE`'CENTER _
AI,EIGH,`IfG 27699-F652 ` Two Signatures required if over $ 15000
t - , - ,, a ? R'F LaNTAie; ;, nN+,?? s ;r*iC'i&Pwi7i ;;'i6GN. V'ofi URG
., b r! , _.. --.. ?;•, 5• i 55Q? 'r",4 E 7d5, 57@5553. 59&436x. 50?DOC?
11'001 2S?"' 1:04 1000 1241: 98 1 1955 2911'

ous IO ---_-_---_-
--l?rev I P REYMONS
N
-- - -- -- -- - ----------------- FIGURE 3 - IMPACT MAP
------------- ---- --------------------
-----------
w rvm vs roR it ACRUI9SAN
WETLAND DELINEATION INCOMPLE PLANS
----- -- --------------------------------- = %' r/? PRELIMINY PLANS
m nar v.>s cavsixoawr+
AT-GRADE
r
AT GRADE >-
area area i
station bnpth 8 number area sq [number
h.
16+09.00 (R) 113.97: 1 99.42 p Uf to ReeGj Branch
27+5600 @) 3 87.86q
78+50.00 ?16,64 4 Reedy Branch
20+00.00 (1t) 34619 i 5?
wetlara
2s+5aoo (d) 1691.44
s w
j' eNand
°
/
i ? 3o,00.00 2740.68 7 y,
TOTAL i
341 46.5-9
0.114 acres
------ --- ----
i
s R -. ?G
%??. / / /a5 Q V:.
OPT?ON,\4 yo ` E y r \ r° \i? /?
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r
•
??44
ri
W4
T BUT),
REEDY
,)K?
Y
z/
" a -0 <?y
N\\
NOTE ALL TOPO WAS PRWDED BY NCDOT
RAMEY KEMP & ASSOCIATES INC
19m-A 1M X9 YFw
1? 9® T9-L13-5115 19-R/b5/16 /gym ? ren
lld. mR
REVISIONS
?L
ET A
- - - - - - -.- - - - - - - - - - - -..- - - - R/W SHEET NO. _
- -- ---1 ROADWAY DESIGN HYDRAULICS
ENCiNEER ENGINEER

INCOMPLETE PLANS
_ I DO NOT USE FOR R/N' ACWISIiION
PRELIMINARY PLANS
DO NOT USE FOR CONSTRUCnON

-335

AREAS FOR INSET A
Station Number Length Area Sq Ft Type
106+06.84 1 131.25 427.33 Channel
106+44.90 (rt) 2 1751.58 Jurisdictional Wetland
TOTAL 131.25 2178.98
(0.058 acres)
o
a
77-
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PROJECT REFERENCE NO. SHEET NO.
PLNA_1_20919 PLNA_1-2091a
PINA 110903
l
7 F -=--- I--------
IN TE?MITTENT\ LEGEND FGILA
STREAM I IMPACTED WETLANDS
I ® NONIMPACTED WETLANDS
REEDY BRANCH RIVER
NOTE: ALL TOPO WAS PROMDED BY NCDOT
r ? tV7@ IJ
2

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----- ------
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PROJECT REFERENCE NO.
PLNA_2_22283
- - - - R/W SHEET NO.
_ - - - - - - - -
_ E -- - - - - - - ROADWAY DESIGN
r - ENGINEER
-SH
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I
AREAS FOR INSET B
I Station Number Length Area Sq Ft Type
117+15.94 (It) 3 1117.79 Jurisdictional Wetland
I 117+52.64 (It) 4 186.49 Jurisdictional Wetland /
118+34.73 5 226.67 907.86 Reedy Branch
118+39.78 (It) 6 346.19 Jurisdictional Wetland
119+90.08 (rt) 7 6309.34 Jurisdictional Wetland
120+41.63 8 2740.68 Jurisdictional Wetland
TOTAL 226.67 11608.35
- - (0.266 acres)
- F
/ I
I
/ i
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------------
/
40 0 40 80
I
I
( IN FEET)
1 inch = 40 ft.
I
LEGEND
IMPACTED WETLANDS
® NONIMPACTED WETLANDS
- REEDY BRANCH RIVER
NOTE: ALL TOPO WAS PROVIDED BY NCDOT
- - - - - - - - - - - - - - - - r RAMEY KEMP 8 ASSOCIATES, INC.
z
m _. -- _
- -- ` - PRQ'CT REFERENCE NO. SHEET NO.
_ ROADWAY DESIGN H YDRAULICS
ENGINEER ENGINEER
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-------------------------
Ent Name Acct No Invoice Date P.O. Num Reference Amount Discount Net
190243 APEX, NC (SOUTH) 1120-005 S1ON 10/12/2006 REVIEW FEE 475.00 0.00 475.00

O C T 5 Nab

Payor: DDR 1ST CAROLINA APEX PHASE III LLC Date Check No. Check Amount
Payee: NORTH CAROLINA DIV OF WATER QUALITY 10/12/2006 001395 $475.00
Re!a, - s s;u:emern'cr your recores
PROJECT REFERENCE N0. SHEET NO.
REVISIONS PLNA 11653 PLNA_11652
RAW SHEET NO. PL~IA_11637
~ ROADWAY DESIGN HYDRAULICS
r ~ ENGINEER ENGINEER 5 ~
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1 inch = 100 ft. f yTGvz yp~il y

REVISIONS
PROJECT REFERENCE N0. SHEET N0.
PLNA_11653 PLNA_11652
R/W SHEET N0. PLNA_11637
ROADWAY DESIGN HYDRAULICS
~ ~~yj ~ _ , ~ ~ ENGINEER ENGINEER
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