20030330 Ver 3_COMPLETE FILE_20060426

Ecosystem
PROGRAM
INVOICE
Ls 5A 0('
F@110WRB
MAY 3 0 2006
DENR - WATER QUALITY
VYEWDS AND STOM- PATER BRANCH
Date May 16, 2006
?.
DWQ#: 03-0330 Ver. 3 CP_
COE#: J
200620620
Jeremy Medlin
M/I Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
Project: Green Level to Durham Road Improvements 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 Chris Mankoff at 919-716-1921.
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 0 linear feet x $ 219.00 $
Buffer - Zone 1 0 square feet x $ .96 $
Buffer - Zone 2 0 square feet x $ ,96 = $
Total amount of payment $ 6,561.50
Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please call 919-716-1921 for an overnight mailing address or for an appointment to hand deliver the payment.
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from the permitting aoencics stating that the permit and/or authorization have been rescinded.
YOU RIUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRANI PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands 401 Unit
Monte Matthews. USACE Field Office-RalciLflh
Eric Kulz, DWQ Regional Office-Raleigh
File
xutorz, fg... F ... Ptrotectr, Ott r .Rate
AWMA
RUUNR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
T1
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2006
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary, NC 27511
Mr. Jeremy Medlin
MI Homes
1500 Sunday Drive, Suite 113
Raleigh, NC 27607
DWQ Project # 03-0330, Ver. 3
., Wake County
Subject Property: Green Level To Durham Road Improvements
Jordan Lake (Ut to Panther Creek [030605, 16-41-1-17-3, WS1V, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.24 acres of wetland and 340 linear feet of intermittent stream to construct
the proposed road improvements at the subject property, as described within your application dated
March 22, 2006, and received by the N.C. Division of Water Quality (DWQ) on April 26, 2006, with
more information received from you on May. 15, 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.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
401 Oversight/Express Review Permlts Unit
1650 Mall 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
Noy` Carolina
Ntmully
An Equal Opportun ty/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
17
Town of Cary/MI Homes 't
Page 2 of 3
May 15, 2006
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 0.24 acres PCN page 4 of 9 and Ma Sheet No. 1, dated May 5, 2006
Stream 340 linear feet PCN page 4 of 9 and Ma Sheet No. 1, dated May 5, 2006
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;
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;
Town of Cary/MI Homes
Page 3 of 3
May 15, 2006
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) 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.usIsu/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.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Town of Cary/MI Homes
Page 4 of 3
May 15, 2006
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.
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.
AWKIijm
Enclosures: GC 3404
Certificate of Completion
Sincerely,
Al W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenal, Inc., 111 MacKenan Drive, Cary, NC 27511
Filename: 030330 Ver3 GreenLevelDurhamRoad(Wake)401
p3-0?30
JI
WITH ERS &>- RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
May 12, 2oo6
US Army Corps of Engineers
Attn: Mr. Monte Matthews
65o8 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements
404/4o1 Request
W&R Project Number- 205228.o
DWQ Project Number - 03-330
Dear Mr. Matthews and Ms. Karoly,
As per a request made by the USACE, we have revised our permit application to
include all property owners as applicants for the proposed Green Level to Durham
Road Improvements. Specifically, the applicants for this project now include the
Town of Cary, M/I Homes and Winslow Properties Development Corporation. Based
on comments from the NC-DWQ, we have re-designed our plans to meet DW Q and
USACE requirements. The revised impact map is included with the attachments. I
have also revised page (1) of the PCN form to include the additional applicant.
I trust this information will allow you to complete the review process.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) Revised PCN Form (page 1)
2) Revised Impact maps
3) Agent Authorization for Winslow Properties Development
R C?? fulp
MAY i 5 2006
JTY
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
to
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [phone]
Name: Winslow Properties Development Corporation - Attn: John Brown
Address: 740 Loch Highlands Drive, Raleigh, NC 27606
Phone: [phone] Fax: [phone]
Email: WinslowProperties(a)earthlink.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreuningerna withersravenel.com
Page I of 9
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WITHERS
w
RAVEMEL
ERGINECRS 1 PLANNERS ! $URVC-VORS
Site Access/Agent Authorizatlon Form
Project Name:
Property Owner/Contract Purchaser: t411051- -j r_[?T1 S L)e.cr , (., n,
Address. q?
mac. a7(a
Phone: 9 q 3 G .? YI2L
Fax: l 3103
Email- W a oS La t)
i hereby grant Withers and Rave-net, INC permission to conduct emAronmentaL
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner;
(Print Name)
Ik ;5a0-U"--j
(Signature)
Date: lna?l b
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WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
April 27, 2oo6
V3- 03.033a
US Army Corps of Engineers NC-Division of Water Quality
Attn: Mr. Monte Matthews Attn: Ms. Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Blvd.
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements - RESUBMITTAL
404/4o1 Request
?
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W&R Project Number- 205228.0 ?,? - -•
DWQ Project Number -03-330 w"
APR
21 6 z?ll6

Dear Mr. Matthews and Ms. Karoly, L)Lkf? -`',,Tct.GU'LITI
C. TLIjt
On behalf of the Town of Cary and M/I Homes, we are requesting authorization from
the USACE to use NWP 14 and 401-certification from the NC-DWQ for the installation
of a roadway. Based on comments from the NC-DWQ, we have re-designed our plans
to meet DW Q requirements.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-named tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be'un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed 'Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts wilt not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code forthis basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3•
The current request is for 340 linear feet of unimportant/intermittent stream channel
impact and 10,585 square feet (ft2) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
111 MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, 14C 28462 1 tel: [phone] fax: 91o.842.8019
stream channel. Because the wetland impacts exceed o.1 acres, the applicant
proposes payment to the NC-EEP to satisfy mitigation requirements. A copy of the
acceptance letter from the NC-EEP is included with the attachments. We do not
believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter

Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. V 3 D3 -0 3 3 0
(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:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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: ? -? i;
II. Applicant Information
pPR ? ,, ?1??5
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jerctny>lVtcdltii
Mailing Address: Town Hall Campus, Building; B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [phone]
E-mail Address:
Agetit/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 1 1 1 MacKenan Drive
Carv. NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreuningei a, withersravenel.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: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number); NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a rieht and Green Level to Durham Road is on the Riaht.
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): 35.8048778 ON 78.9030499 °W
6. Property size (acres): N/A
Name of nearest receiving body of water: Jordan Lake
S. River Basin: Upper Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://Ii2o.ciir.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 site is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroughfare that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary for
the construction of the roads.
11. Explain the purpose of the proposed work: The realigmnerit is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
IV. Prior Project History
If jurisdictional detenninations 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 pennits,
certifications or other useful inforniation. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe pennits issued for prior segments of the same T.I.P. project, along with
construction schedules. Previous segments of Green Level to Durham Road may have
required 404/401 permits; however, Withers & Ravenel was not involved with the pernitting for
these segments. Pre-application meetings were conducted with Mr. Monte Matthews of the
USACE on December 9, 2005 and on February 10, 2006. A wetland delineation was conducted
by Soil and Environmental Consultants and site visits were conducted by the USACE to review
the delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance'detennination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an intermittent/perennial stream
determination on February 1, 2006 and determined that the stream is intermittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE and the
NC-DWQ to discuss permitting issues associated with the proposed tllorout?hfare. Durini., this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be pernitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent development. Additionally, based on recent correspondence from
DWQ, we have re-designed our plans to meet their requirements.
V. Future Project Plans
Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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
Page 3 of 9
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 fonns should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10.585square feet of jurisdictional wetland impact.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senaratelv list impacts due to both structure and floodine.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on snap) herbaceous, bog, etc.) (yes/no) (linear feet)
IA Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
4. Individually list all intermittent and peremiial 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. multitnly length X width. then divide by 43.560.
Stream Impact
or
mi Average Impact Area of
Number Stream Name Type of Impact tte
Inter nter
mittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
2B UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
313 UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill exenvntion dredflinsT_ floodinf?_ drainage- bulkheads- etc_
Opcn Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storniwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
inforniation 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. During; the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slopes
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the proposed alignment.
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://112o.enr.state.me.us/newetlarnds/strmgi(i Jit nl.
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.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy mitigation requirements. A copy of the EEP acceptance letter is included
with the attachments.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Effliancement
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 fonn. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://112o.err.state.ne.us/yvq)/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following infonnation:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, wlletlicr or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zonc I extends out 30 feet palmidicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. NA- Linear project.
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.
NA
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://112o.enr.state.nc.us/ncwetlarnds. If no, please provide a short narrative description: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
brim additional Qrowth to the area outside of what would normally occur. During, construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
Page 8 of 9
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).
2Z -"
Applicant/Agent's Signatu C U D ite
(Agent's signature is valid only if an aZz ization letter from the applicant 's provided.)
Page 9 of 9
JAN-IV-0 W44 MM-M/I homes of KalaiQh, LLG 8188280663 T-125 P.002/002 F-786
ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorizatim Form
Project Name: G A15 !?6= r'?' 'n" -h ( A)O"
Property Owner/Contract Purchaser: _ ?V ` 90 IIKSs
Address: / Sa ,S..wdky .... ,?.-v+.a /(3 24C&wN .v L 2-146 07
Phone: 'd 2-1b - Ito
Fax: z 9 I - 38/4
Email:
I hereby grant Withers and Iinvencl, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: 1?1 9 D
(si e)
WITHERS RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
MEMORANDUM
TO: Todd Preuninger- Withers & Ravenel
CC: Jeremy Medlin - M/1 Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ comments during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added head\valls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
... nn-v,,.,,., r),;- r- H-4k r-1;- f.l-., ,c.. f??..,. ,. ,cam c.,.,a
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5 D-W
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 3, 2006
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
INTERMITTENT/PERENNIAL (I/P) STREAIII DETERAIINATION
Project Name: Gabel Farnrs Thoroughfare - Ca
IPRRO 06-003
County: 'L'ake
Location/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of I/P Deternunation(s): 2/1/06
Feature I/1' Call Location of I/P Point
(GPS Points and/or
Flag) Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A I 25 on Streaut Fornt.

This on-site deterrninttio?n shall expire five (5) years front the date of this letter. Landowners or affected parties
that dispute a determination made kv the DiVQ or Delegated Local may request a determination by the Director.
A request for a determinations by the Director shall be referred to the Director in writing c lo Cyndi Karoly, DIFQ
iVetlands1401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You u:ust act within 60 Flags of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start tustil the
affected party (including downstream and adjacent landowners) is notified of this decision. DIVA reconunends
that the applicant conduct this notification in order to be certain that third parry appeals are made in a timely
?nanner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Athntinistrative Bearings, 6714,1Iail Service Center, Raleigh, X C. 27699-6714.
This determination is final and hinding unless you ask for a hearing within 60 days.
One
NorthCardina
;?hatln ?rllJ
North Carolina Division of Water Quality Raleigh Rcgionai Office Surface Water Protection
Internet: h2o.enr.state.naus 1678 Mail Scl%,ice Ccnter Raleigh, NC 27699-1628
Alan W. Klimek, P.E., Director
Division of Water Quality
LJ
FEB 0 ? 2006
Wl thers
8r Ravenel
Phone [phone] Customer Service
F;1X (9191571-4718 1-877-623-6748
An Equal Cppert,,-,F y;Afiirmati:e kction Employer - 5C'. Recyded,'l09o Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any fixture correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of iVater Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
CC: File Copy
Central Files
DWQ Wetlands and Stor nwater Branch
Toni Horstman - Town of Cary
o11C
NorthCarolina
North Carolina Uicisiun of Water Quality Raleigh Regional Office surface Water Protection Phone (')19) 791-1200 Customer Service
Internet h2o-enrsta;e,nc.us 1625 Nail Service Center Raleigh, NC 27(99-162> FAX (')191571-1713 1-877-623-67.13
Fn Equal Oppodunityi?f`rmatke Acton Empla?er- 50°o Rec clod/10 Post Consumer Pap6r
?o stem
PROGRAM
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
F®
FFe 06
??thers 106
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment.will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of Qnis letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance Neill expire. It is the applicant's responsibility to send
copies of the 404/401/CANIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made,
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
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 CANIA Pennit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and lie U. S. Anny Corps of Engineers dated November 4, 1993.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
,illiam D. Gilmore, PE OICCctoI'
cc: Cyndi Karoiv, v'etlandsi401 Unit
Monte Mattliews, USACE - Raleigh
Eric Kulz, DNVQ Regional Office - Raleigh
File
pwt rzog... E o"... ProtactGKj Our State
j?TA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27690-1652 / 919-715-0476 / www.nceep.net
JAIY-19-u0 1L:44 mM-M/1 Homes of Raleiah, LLC 8188280663 T-125 P.002/002 F-786
ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign.Form
G"tS?J..I'r
Project Name: t-A(>rrt. AJo64
Property Owner/Contract Purchaser: I'7 Af5?1>
Address: -MiLQ /(3 2'4LZM A .v C_ 2.1 (o 07
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Phone: `d 2-6 - t1 b
Fax: ?) z 9 I -.38/9
Email: vt4 ML:r 4 •E11 / ??-6:3"
I hereby grant Withers and l2avcnel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Raveoel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.e. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: t IL.)L-
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1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 700
WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
I "CH 50 Fm
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 3 - WETLAND AND BUFFER IMPACTS
ENGINEERS I PLANNERS 1 SURVEYORS LABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE i 1
"I M-...no... ary.uonne.,.,i,,,.:-,n ?s<eaa.m vo<e• ue m CARY WAKE COUNTY NORTH CAROLINA
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
I INCN - 50 FEET
Note: See Overall Wetlands Impact Map For Area Location GRAP111C SCALE
WITHERS & RAVENEL FIGURE 2 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS 1 PLANNERS I SURVEYORS
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JOHN WIELAND . HOMES
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OF THE CAROLINAS, INC.
(SOUTHRIDGE S/D)
PIN 0724894486

PROPOSED CONSTRUCTION LIMITS.

- N/F
M/I HOMES, L.L.C.
PIN 0724771945 j?

NOTES:
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BY WITHERS & RAVENEL, INC.
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
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Jole: See Overall Wetlands Impact Map For Area Location
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DATE: NOVEMBER 2005
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WITHERS & RAVENEL FIGURE 1 - WETLAND AND BUFFER IMPACTS
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WITH ITH ERE RAW EN EL
ENGINEERS I PLANNERS I SURVEYORS
April 27, 2oo6 \13 03-033o
US Army Corps of Engineers NC-Division of Water Quality
Attn: Mr. Monte Matthews Attn: Ms. Cyndi Karoly
65o8 Falls of the Neuse Road, Suite 120 2321 Crabtree Blvd.
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Re: Green Level to Durham Road Improvements - RESUBMITTAL
404/401 Request EE tt? L=j
W&R Project Number- 205228.0 APR 6 2006
DWQ Project Number - 03-330
Dear Mr. Matthews and Ms. Karoly,

On behalf of the Town of Cary and M/I Homes, we are requesting authorization from
the USACE to use NWP 14 and 401-certification from the NC-DWQ for the installation
of a roadway. Based on comments from the NC-DWQ, we have re-designed our plans
to meet DW Q requirements.
The proposed thoroughfare is located in Cary, approximately 11oo feet east of the
current intersection of Green Level to Durham Road (SR 1625) and Green Level
Church Road (SR 16oo) (see attached USGS Quadrangle). The project is a
realignment of the two roads to make a more traditional crossroads. The project is
located in the Cape Fear River Basin and contains un-narned tributaries to Panther
Creek. A wetland delineation was conducted by Soil and Environmental Consultants
and site visits were conducted by the USACE to review the delineation. On January
26, 2oo6, the Withers and Ravenel met with Mr. Monte Matthews to verify our
importance determination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Kulz, made an
intermittent/perennial stream determination on February 1, 2oo6 and determined
that the stream is intermittent (IPRRO#: o6003). On February 10, 2oo6, a pre-
application meeting was held with the USACE and the NC-DWQ to discuss permitting
issues associated with the proposed thoroughfare. During this meeting, it was
decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town
of Cary Project, with M/I Homes listed as the co-applicant. Therefore, the roadway
impacts will not be considered cumulatively with the adjacent development.
The Hydrologic Unit Code for this basin is 03030004. The Water Quality
classification is WS-IV; NSW, stream index 16-41-1-17-3.
The current request is for 340 linear feet of unirnportant/intermittent stream channel
impact and 10,585 square feet (ft2) of jurisdictional wetland impact. During the
design process, the road was shifted to the east to reduce impacts to an adjacent
tributary and the side slopes were steepened to further minimize impact to the
111 MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 i www.witliersravenel.com
7040 Wrightsville Avenue i Suite 1o1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: [phone]
stream channel. Because the wetland impacts exceed o.1 acres, the applicant
proposes payment to the NC-EEP to satisfy mitigation requirements. A copy of the
acceptance letter from the NC-EEP is included with the attachments. We do not
believe that mitigation should be required for impacts to the stream channels
because it was determined that the proposed impacts are to an un-
important/intermittent stream channel.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS &RAVENEL, INC.
Todd Preuninger
Attachments -
1) PCN Form
2) Impact maps
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Intermittent/perennial determination
7) EEP acceptance letter
Office Use Dilly: Fonu Version March 05
USACE Action ID No. DWQ No. 13 03 - 0 3 3 D
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project: r -! =-i_'
® 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 Pen-nit Number(s) Requested:
NWP 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:
c o % age
5. If your project is located in any of North Carolina's twenty t. copstttf'cb iritic wt
ti.: ,, ,?V. i
4), and the project is within a North Carolina Division of 06astal`Management Area of
Environmental Concern (see the top of page 2 for further detail 41'checl-,J?ci " 0 6?
II. Applicant Information
tJf:t>l? .'r\It?t;t.::lriLl ?1,?Ctt
1. Owner/Applicant Information
Name: Tim Bailey - Town of Cary M/I Homes - Attn: Jeremy Medlin
Mailing Address: Town Hall Campus, Building B 1500 Sunday Drive
316 North Academy St Suite 113
Cary NC 27511 Raleigh, NC 27607
Telephone Number: (919)-469-4030 Phone: [phone]
Fax Number: (919)-460-4935 Fax: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: (919)-460-6006 Fax Number: (919)-238-2099
E-mail Address: tpreuninge_r-nwithersravenel.com
Page 1 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: Green Level to Durham Road Improvements
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From US-64 take NC 55
North approximately 3.6 miles and take a left on Green Hope School Road. Continue to
Green Level Church Road. Take a right and Green Level to Durham Road is on the Right.-
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): 35.8048778 ON 78.9030499 °W
6. Property size (acres)
7. Name of nearest receiving body of water: Jordan Lake
8. River Basin: Upper Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.enr.state.nc.us/adiniii/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 site is currently undeveloped land. Land use in the
vicinity of the project is mixed agricultural and residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a proposed thoroughfare that will realign Green Level Church Road and Green
Level to Durham Road. Typical heavy equipment such as excavators will be necessary f
the constriction of the roads.
11. Explain the purpose of the proposed work: The realignment is necessary to make the
intersection more drivable in a rapidly growing area of residential and commercial property.
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. Previous segments of Green Level to Durham Road may have
required 404/401 permits; however, Withers & Ravenel was not involved with the pernitting for
these segments. Pre-application meetings were conducted with Mr. Monte Matthews of the
USACE on December 9, 2005 and oil February 10, 2006. A wetland delineation was conducted
by Soil and Environmental Consultants and site visits were conducted by the USACE to review
the delineation. On January 26, 2006, the Withers and Ravenel met with Mr. Monte Matthews to
verify our importance determination. Mr. Matthews agreed that the USACE considers the
stream to be `un-important. In addition, Mr. Eric Ktilz, made an intennittent/perennial stream
determination on February 1, 2006 and determined that the stream is intermittent (IPRRO#:
06003). On February 10, 2006, a pre-application meeting was held with the USACE and the
NC-DWQ to discuss permitting issues associated with the proposed thoroughfare. During this
meeting, it was decided that the proposed `Green Level to Durham' road improvements had
independent utility (i.e. are a stand-alone project) and could be permitted as a Town of Cary
Project, with M/I Homes listed as the co-applicant. The roadway impacts will not be considered
cumulatively with the adjacent development. Additionally, based on recent correspondence from
DWQ, we have re-designed our plans to meet their requirements.
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.
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
Page 3 of 9
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 fortes should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current request is for 340
linear feet of unimportant stream impact and 10,585square feet of jurisdictional xvetland impact.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodinu.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number "Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Fl
oodplain
Stream
(acres)
( 'es/no) (linear feet)
IA Fill Forested 700 0.005762
2A Fill Forested 0 0.007277
3A Fill Emergent/Drained Pond 0 0.229958
Total Wetland Impact (acres) 0.242997
3. List the total acreage (estimated) of all existing wetlands on the property: NA
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact
Perennial or Average Impact tVea of
Number Stream Name Type of Impact Intermittent? StreanT Width Length Impact
(indicate on map) Before Impact (linear feet) acres
2B UT to Panther Crk. Culvert Intermittent 2-4 294 0.01271
2C UT to Panther Crk. Temp. Fill Intermittent 1 20 0.00045
3B UT to Panther Crk. Fill Intermittent 2 26 0.00117
Total Stream Impact (by length and acreage) 340 0.01734
Pagc 4 of 9
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number p vable)
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01734
Wetland Impact (acres): 0.24299
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.26033
Total Stream Impact (linear feet): 340
Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storinwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area: NA
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. During the design process,
the road was shifted to the east to reduce impacts to an adiacent tributarv and the side slot)es
were steepened and headwalls were added to further minimize impact to the stream channel.
Page 5 of 9
Included with the attachments is a memo from the Project Engineer detailing our efforts to
minimize impacts to the stream channels and wetlands within the proposed alignment.
VIII. Alitigation
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
Pennits, 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.Cllr.state.nC.us/hlcwctlancis/stnngide.hhnl.
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 mctliod of construction. Please attach
a separate sheet if more space is needed.
Because the impacts exceed 0.1 acres of wetlands the applicant proposes payment to the
NC-EEP to satisfy initigation requirements. A copy of the EEP acceptance letter is included
with the attachments.
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
wcbsite at http://h2o. enr.state.nc.us/w!l)/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): 0.242997
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts trust be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .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 Zone* Impact Multiplier Required
(souare feed Nlitication
1 I NA 13 (2 for Catawba) I NA
2 NA 1.5 NA
"total I NA I I NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone l."
Page 7 of 9
3. If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or.0244, or.0260. NA
XI. Storinwater (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. NA- Linear project.
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 F;J
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: A
majority of the area has already been developed and currently has roadfront access, therefore, we
do not believe that this project will degrade downstream water quality. The project is the re-
alignment of an intersection in order to make it safer for automotive traffic and is not expected to
bring additional ?,,rowtll to the area outside of what would nonnally occur. During construction
the applicant will employ the appropriate BMP devices in order to protect downstream water
quality.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 8 of 9
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).
2Z -&W41
Applicant/Agent's Signatu %a I) ite
(Agent's signature is valid only if an ization letter from the applicant 's provided.)
Page 9 of'9
JAN-I Mb R :44 rKUM-M/I Homes of KalelQh, uc 8188280663 T-125 P-002/002 F-186
ENGINEERS 1 PLANNERS I SURVEYORS
Site Access/Agent Authorizatim.Form
Project Name: 1-A1 , F>!4 "n,, ? AJO" (SG ? ^J ? ? -
Property Owner/Contract Purchaser:_ !7 ?tSrS
Address: /Sao S b?. ?,z- , ,.,,n.a /(3 24C&zyN N r- ZI (- 07
Phone: 32_6 - ?!o
Fax: z 9 I - 380
Email: _ ,.? c.? ?•T.?6d-.
I hereby grunt Withers and Ravenel, INC permission to conduct environmental studies on
the property described above. In addition, I authorize Withers and Ravenel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.c. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: Date: D
(si e)
WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
MEMORANDUM
TO: Todd Preuninger- Withers & Ravenel
CC: Jeremy Medlin - M/I Homes
FROM: Robbie Oldham
DATE: January 18, 2oo6
PROJECT: Green Level to Durham Road Extension- Cary, NC
SUBJECT: 404/401 Permitting
Pursuant to our conversation regarding the permitting concerns for the above project, we are providing this
memorandum for justification of the proposed wetlands impacts.
First and foremost, please note that Green Level to Durham Road as well as Morrisville Parkway extensions will
be permitted as Town of Cary projects since both are included with Town's thoroughfare plan and construction
costs are being reimbursed by the Town.
Green Level to Durham road and Morrisville Parkway are classified as major thoroughfares with'design speeds of
50 mph which must meet NCDOT design requirements since they will be maintained by NCDOT. Wetlands
and riparian buffers were taken into account during preliminary design but because of the horizontal and vertical
design requirements, we have limited flexibility with adjusting the road design in order to completely avoid
impacts. In addition, the new alignment for Green Level to Durham road had to be coordinated with the
Morrisville Parkway alignment and NCDOT intersection criteria had to be maintained. However, we were able
to make revisions and adjustments in other areas to minimize impacts.
Please note that we met with Todd Tugwell with USACE and Eric Kulz with NCDWQ several months ago to
discuss the proposed alignments and address any USACE concerns. The Town of Cary staff and their consultant,
URS, were also in attendance as the Town had prepared the alignment study and, subsequently, the proposed
alignment for Morrisville Parkway. Based on USACE & NCDWQ continents during the meeting, we shifted
Green Level to Durham road to the east in order to avoid and minimize the impacts of the confluence of two
stream channels just to the west. In addition we revised the fill slopes from 3:1 to 2:1 and added headwalls to
minimize the length of channel impacts.
Lastly, it is important to note that we also met with Monte Matthews on December 9, 2005 to discuss all of the
proposed wetland impacts associated with Gabel Farms including the Green Level to Durham Road and
Morrisville Parkway impacts and assured Mr. Matthrews that we have made every effort to minimize impacts.
Should you have any questions or require additional information, please do not hesitate to contact me.
,,, nA-v-, rl.l..o r- vt-tk rn i;- -. -,r„ t?l-n , rn -,, Foa - ,. 4-r 4-Q
W ArF9QG
D W r
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
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
February 3, 2006
INTERIIIITTENT/PERENNIAL (I/P) STREAAI DETERIIIINATION
Project Name: Gabel Farnts Thoroughfare - Ca
--`, VV?
FES 0 7 7006
Withers
8? Ravet7.6
IPRRO 06-003
County: Wake
Locatiott/Directions: Site is located to the east of the intersection of Green Level to Durham Road and Green Level
Church Road in Cary.
Subiect Stream(s): UT to Panther Creek
Date of UP Determination(s): 2/1/06
Feature I/P Call Location of I/P Point
(GPS Points and/or
Flag) NotesiBasis for Call (Stream Form Rating, Biol. Indicators,
etc.).
1 25 ott Stream Fornt.

This oit-site determiiiatioit shall e Aire five (5) years f viii the date of this letter. Landowiters or affected parties
that dispute a deterinittatioit made ht, the DiVQ or Delegated Local may request a rleternihiatioit by the Director.
A request for a deterntirtatioit by the Director shall be referred to the Director iii writing clo Cyitdi Karoly, DiVO
iVetlrtuds:1401 Uuit, 2321 Crabtree Blvd., Raleigh, NC 27601-2260. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-clay statutoty appeal time does trot start ruttil the
affected party (includiiig doiwrstrcani and adjncerit l(iuuloivners) is lotified of tliis decision. DiVQ reconuneads
that the applicant conduct this notification is order to be certain that third party appeals are made in a timely
inaiuier. To ask for a hearing, send a written petition, which corifornts to Chapter 150B of the North Carolina
General Statutes to the Office ofAdntinistrative Heariiigs, 6714,11ail Service Center, Raleigh, X C. 27699-6711.
This determination is final and binding unless you ask for a hearing within 60 daiys.
On
Noreth Carolina
North Carolina Division of Watcr Qualify Raleigh Regional Off-ice Surface Water Protection Phone [phone] Customer Scn ice
Internot: h2o.enrslatencus 1678 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]-621-67,18
An Equal Opportunity/Affirmati°:e -ciion Employer- 504; Recycled/10'; Post Consumer Paper
2/3/2006
Page 2 of 2
The (owner/future owners) should notify the Division of lVater Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stater[
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the USArmy Conp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Resp
Eric W. Kulz
Environmental
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
Toni Horstrnan - Town of Cary
one
NorthCal-oliII"I
?l'atrr??rllr?
North Carolina Division of Water Q_ualiI, Raleigh Regional Office Surface %Vaacr Protection Phone (919) ;91-a2U0 Custonm:r service
Internet h2o.snr.stale,naus 1628 Mail Service Center Raleil,,h, N 27099-1628 PAX [phone] 1-877-623-6718
An Equal Oppo tunilyAffrrnati,e P.ct'on Employer - 50 RecyCed'10 Post Consumer Paper
ell
9 F,
cos stem
a,, cct
E
PROGRAM
February 1, 2006
Todd Preuinger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
Project: Green Level to Durham Road Improvements County: Wake
FFe os Fa
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment.will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If nve 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/CAI\IA permits to NC EEP. Once NC EEP receives a copy of the 404 Pennit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warni
Cape Fear 0.24 0 0 0 0 294 0 0
03030004
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the pennitted impacts
up to a 2:1 ratio, (buffers, Zone I 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 CANIA 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 David Robinson at [phone].
Sincerely,
'illiam D. Gilmore, PE lam/
11'ector 77
cc: Cyndi Karoly, VVedands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, MVQ Regional Office - Raleigh
File
RP'Sttgr .. 'E??? .. Protactiitg Our Ra& '??'
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
JAN- IV-Ue 11 :44 DRUM-M/I Homes of Raleigh, LLC 8188280663 T-125 P.002/002 F-786
,. ENGINEERS I PLANNERS 1 SURVEYORS
Site Access/Agent Authorizatign.rorm
Project Name: G7A4b_, ( A)0" 6,15,
Property Owner/Contract Purchaser: /K5rS
Address: o ,s•,wd,4y ?.?...? /(3 (z?c&wN .vo- 2-11-07
Phone: `d 2.6 - Ito G
Fax: _(2(t,) z 9 1 - 381-9
Email: ,?-c.., ,D •H? ??'
I Hereby grant Withers and lIzvenel, INC permission to conduct environmental studies on
the property described above, In addition, I authorize Withers and Raveoel to act on my
behalf as my agent when conducting site meetings and/or correspondence (i.c. permit
applications etc.) with the USACE and the NC - Division of Water Quality, if necessary.
Property Owner: ?3?2"e Date: 1 D
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 700
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR. L 1
I INCH 50 FfE7
Note: See overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS RAV E N E L FIGURE 3 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS I SURVEYORS
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC. DATE: DECEMBER 2005
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY 0 25 50 75 100
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
3 C??1 1
INC„ - 50 FEET
Note: See Overall Wetlands Impact Map For Area Location GRAPHIC SCALE
WITHERS & RAVENEL FIGURE 2 - WETLAND AND BUFFER IMPACTS
ENGINEERS I PLANNERS I SURVEYORS GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
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NOTES:
1. WETLANDS DELINEATED BY S&EC AND SURVEYED
BY WITHERS & RAVENEL, INC.
2. EXISTING TOPOGRAPHY TAKEN FROM SURVEY
BY WITHERS & RAVENEL, INC. WITH SUPPLEMENTAL
INFORMATION FROM LIDAR.
Jote: See Overall Wetlands Impact Map For Area Location
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GRAPHIC SCALE
WITHERS &- RAVENEL FIGURE 1 - WETLAND AND BUFFER IMPACTS
GABEL FARMS THOROUGHFARE IMPROVEMENTS, PHASE 1
ENGINEERS I PLANNERS ISURVEYORS
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DWQ# Z4_4J 03313 Date d O Who Reviewed: 1 _
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan. n
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plant.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
? Please submit electronic CAD files showing via email to [e-mail] and CD;
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.

?o We Cary\
Y4 q-6 /

naiyLe.,
I-Ohl
m?
WITHERS u RAVENEL, INC.
28071
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
02040365. Greystone 4/26/06 0029366 475.00 0.00 0.00 475.00
NC DENR-DWQ
Totals
475.00
0.00
0.00
475.00
CCBCheckin 2 NCWATER
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Item 4 If Restricted Delivery Is desired.
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so that we can return the card to you.
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A. Signature
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? Agent
? Addressee
C. Date of Delivery
D. Is delivery address different from Item 17 ? Yes
If YES, enter delivery address below: ? No
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary,NC 27511
DWQ# 03-0330-Wake
3. rvice Type
Certified Mail
Express Mall
Registered AZ3 Return Receipt for Merchandise
? Insured Mall C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
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LISPS
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