20060042 Ver 1_COMPLETE FILE_20060912

T oil & Environmental Consultants, PA
0 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
! www.SandEC.com
January 13, 2006
S&EC Project # 2932.w2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27615 Raleigh, NC 27604-2260
N.C. Division of Water Quality ~ N.C. Division of Water Quality
Raleigh Regional Office NPS Assistance & Compliance Oversight
Attn: Eric Kulz Attn: Danny Smith
3800 Barrett Drive 512 N. Salisbury St.
Raleigh, NC 27609 Raleigh, NC 27604
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 R
Rid
R
aven
ge
oad
Raleigh, NC 27614

Re: Heritage Pines Subdivision, Cary, NC • Individual Permit Application
Responses to USACE June 14, 2005 Letter (Action ID No. 200520456); & u? ?T° aC?ttaY ,.;t .te
t1? '
'-
DWQ June 13, 2005 Letter (Project No. 05- T
0736). O
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1 `?0lc??
Dear Mr. Tugwell, et: al.:
On behalf of our, client, Heritage Pines LLC, we are hereby providing additional information in
response to comments received during the Public Notice period, our meetings on June 14, 2005, July 6,
2005, July 29, 2005, and various other correspondences with the reviewing agencies during the Fall/Winter
of 2005. This additional information is an amendment to our existing Individual Permit application under
review by both the U.S. Army Corps of Engineers (USACE; Action ID No. 200520456) and DWQ (Project
No. 05-0736) for the completion of the Heritage Pines development.
As stated within the application, approval has been received for Phase 1 from the U.S. Army
Corps of Engineers (USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development (DWQ Project
No. 99-0016). However, the applicant failed to obtain approval from the USACE for impacts associated
with Phase 2 through 5. This was due to miscommunication between the various management groups that
were responsible for the development prior the K. Hovnanian Homes involvement. The applicant is
requesting approval for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E La%mdale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
1. Avoidance / Minization & Revised Impacts:
January 13, 2006
Page 2 of 5
Site meetings were conducted with the DWQ on July 6 and 29, 2005 to discuss avoidance /
minimization issues requested within their June 13, 2005 letter and within the June 14, 2005 meeting.
The primary areas of concern included: Wetland Impacts W8 and W9 (within the area of Lots 181 to
186); W10 (within the location of Lot 69 (small portion only), 70 and 71); and W14 (the impacted area
between Lots 8 & 10).
W8 & W9 (Lots 181 to 186) - It was agreed upon during the meeting that attempting to restore the
wetlands within impact areas W8 and W9 was not practical and that payment into the Wetlands
Restoration Fund to compensate for the loss of wetlands would be an acceptable alternative. As such,
the applicant proposes to pay into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses
(see "Mitigation" section below).
W 10 (Lots 69 to 71) - Both the DWQ and USACE requested additional justification for the proposed
wetland impacts in the location of Lots 69, 70 and 71. The applicant has agreed to avoid these
impacts. This will result in the reduction of riparian wetland impacts by 0.146 acres. By avoiding
these impacts, it will not be possible to build on Lots 70 and 71.
W14 (Between Lots 8 &10) - DWQ evaluated this area during both the June 6's and 29?h site meetings.
It was agreed that since no wetlands actually existed between Lots 8 and 10, because homes and
residents not live in the location of the previous wetlands (Lots 7, 8 & 9), and because the area
between Lots 8 and 10 was not suitable for restoration or creation, that restoration of these wetlands is
not practical and payment into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses is the
appropriate alternative. As such, the applicant agrees to pay into the Wetlands Restoration Fund at a
2:1 ratio to offset these losses (see "Mitigation" section below).
Table 1 - Revised Wetland Impacts (Reference Block 22 of Application)
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of
(e
forested
marsh 100-year Nearest Impact
(indicate on Impact ,
,
herb
herbaceous,
aceous, bog, etc.) Floodplain Stream (acres)
ma es/no linear feet
Sheet6A-W10* Lot Fill Headwater Forest No 35 0.146
0
Total Wetland Impact (acres) 2.261
Note: Only row "Sheet6A-W10 "and the impact total has changed the remainder of the Wetland
Impact Table (Block 22) has not changed from the original application.
2. Mitigation:
Wetland & Stream Mitigation - The USACE received comments from the N.C. Wildlife Resources
Commission (NCWRC) and U.S. Fish & Wildlife Service (USFWS). Both agencies had concerns
regarding the proposed 1:1 mitigation ratio to offset losses to waters. As such the applicant proposes
2:1 mitigation for the permanent impacts to streams and wetlands as recommended by the USACE.
The applicant proposes payment into the Wetlands Restoration Fund administered by the N.C.
Ecosystem Enhancement Program (EEP) to satisfy this mitigation condition.
Buffer Mitigation - The applicant requested that buffer mitigation not be required for this project since
the impact areas were previously approved by the DWQ without mitigation. The DWQ denied this
request during our June and July 2005 meetings arguing that not all of the conditions of the previous
DWQ approval were met. As such the applicant has agreed to mitigate for the buffer impacts
Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
January 13, 2006
Page 3 of 5
associated with the Heritage Pines Drive stream crossing. The remainder of the buffer impacts within
the development are less than current buffer mitigation thresholds. The applicant proposes payment
into the Riparian Buffer Restoration Fund administered by the N.C. Ecosystem Enhancement Program
(EEP) to satisfy this mitigation condition.
The new mitigation totals are provided in Table 2 below.
Table 2 - Revised Mitigation Table
Mitigation Type Impact Mitigation Ratio Mitigation Amount Estimated Payment
to EEP
Stream 297 ft. 2:1 594 ft. $130,086
$219/ft
Riparian Wetlands 1.56 acres 2:1 3.12 acres $81'888
$26,246/ac
Non-Riparian
Wetlands 0.702 acres 2:1 1.4 acres $19,685
($13,123/ac)
Zone 1 Buffer 15,391 sq ft. 3:1 46,173 sq ft. $44,326
$0.96/s ft
Zone 2 Buffer 7,610 sq ft. 1.5:1 11,891 sq ft. $11,415
$0.96/s ft
Total Mitigation - - - $287,400.00
3. Stormwater:
The DWQ and the USFWS and NCWRC requested the installation of additional stormwater
management devices.
The applicant's engineers, Hugh J. Gilleece & Associates, identified and labeled all existing and
proposed stormwater outlets from the subdivision. Twenty-seven outlets were identified as depicted
on Attachments 1 & 2 (see attached). The discharge (Q10), existing or proposed outlet device and pipe
size are provided. (The engineer had to make certain assumptions regarding the flows for outlets in
Phase 1.) The existing devices and discharge methods are provided as well as any proposed devices.
Level Spreaders and/or scour holes will be provided for Outlets: E, F, O, P, Q, R, T, U and Y.
Pocket Wetland will be provided for Outlet: H.
Engineered Plunge Pool (or similar velocity dissipater) will be provided for Outlet: I. (This is the
discharge from the adjacent school site. A lot of water comes through this outlet. There is not
adequate room to construct a constructed wetland on the upstream end and any similar device
constructed on the downstream end would require additional disturbance to the vegetated riparian areas
and possibly stream. Dissipation of outlet velocities and energy from this outlet is a priority of
Heritage Pines, LLC. The project engineer believes that this site may be suitable for an engineered
plunge pool similar to work performed by Estes Design, Inc. (http://www.estesdesijzn.com/news.htm &
http://www.estesdesign.com/Welcome%20to%20Estes%20Design%20Inc files/Research/Uncensored
%20JAWRA%20Paper.pdf ). The project engineer will contact Mr. Chris Estes to discuss this
potential option.
Wet Detention Basin followed by Level SpreaderNegetated Filter will be provided for Outlet: S. (As
requested by the DWQ, the applicant proposes to provide a wet detention basin that will discharge to a
level spreader and vegetated filter for the majority of Phase 5 and a portion of Phase 4. The project
engineer determined that it would be possible to treat a portion of Phase 4 to offset the portion of Phase
5 (including Outlet Y which drains Muir Brook Place and the lots north of Louis Stephens Drive) that
Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
January 13, 2006
Page 4 of 5
could not be treated (beyond the use of a level spreader to provide diffuse flow).) See Attachment 3 for
design details.
Diffuse flow was determined to be achieved for existing Outlets: J, L, M and N.
Louis Stephens Drive stormwater management for Outlets W and X will be provided within the
Individual Permit submitted by the Town of Cary for the construction of Louis Stephens Drive. It is
anticipated that level spreaders will be used to achieve diffuse flow.
Outlets G and RR are culverts under the roads (Crystal Brook Lane and Heritage Pines Drive) used to
bypass stream flows and do not receive additional stormwater runoff.
Outlets A, B, C and D currently discharge directly to the larger, non-buffered pond (Sheet 3) located
on the property.
Outlet V is located within the existing Louis Stephens Road right of way and bypasses offsite
stormwater and a small portion of Louis Stephens Road runoff. The outlet discharges to a non-
buffered, non jurisdictional drainage way.
Nitrogen Offset Payments will be provided to the N.C. Ecosystem Enhancement Program (EEP) for
those outlets where diffuse flow or treatment cannot be achieved as described in the Water Quality
Improvement Report (Attachment 3). It should be noted that Heritage Pines, LLC has agreed to make
this payment for the nitrogen loading associated with Outlet I, even though the majority of the
stormwater comes from the adjacent school that was constructed at the same time as the early Phases
of Heritage Pines and was not required to provide DWQ stormwater treatment. Outlet KK drains to
yard inlets that connect to Outlet K, which is included within the nitrogen offset payments.
Total EEP Nitrogen Offset Payment / Bu down $27 733.20
4. Preservation/Avoidance, Deed Notifications and Restrictive Covenents:
As stated within the application, Heritage Pines, LLC proposes to avoid additional impacts to all
retained wetlands, streams, ponds and buffers located on the property. Also, Heritage Pines, LLC has
agreed (as stated within Item 1 above) to avoid impacts to wetlands on Lots 69, 70 and 71 (rendering
Lots 70 and 71 as not buildable).
It should also be noted that the stream drainage northwest of Rockport Ridge Way while originally
determined to be subject to the Neuse River Buffers during the site evaluations performed in
November 1997, is not subject to the current version of the Neuse River Buffer rules because the
stream is not shown on either the USGS topographic quadrangle map or Wake County Soil Survey.
However, Heritage Pines, LLC has agreed to retain buffers and provide diffuse flow of stormwater
(Outlets L, M and N) or offset nitrogen treatment (Outlet K) as described within Item 3 above for all
stormwater outlets discharging to this drainage.
Heritage Pines, LLC has agreed to add an additional Article / Restrictive Covenant to the Declaration
of Covenants for Heritage Pines that will ensure the preservation of all retained wetlands, streams,
ponds and buffers located within the Common Areas of the development. A copy of draft language of
this document is attached for your review and approval (see Attachment 5).
Heritage Pines, LLC has agreed to add the attached Deed Notification (seet Attachment 6) to any lots
that have not been currently sold and that contain retained wetlands or buffers. (All streams and ponds
are located within the common areas; most wetlands and buffers are located outside of lots. Lot 69 is
an example of a lot that has not been sold that contains a small amount of wetlands.)
Heritage Pines Subdivision, Cary, NC January 13, 2006
Individual Permit - Additional Information Page 5 of 5
5. Off-Site Alternatives:
It is difficult to evaluate current off-site alternatives for this development in that the current impacts
proposed by the new management of Heritage Pines, LLC (K. Hovnanian Homes) are associated with
the completion of the development plan as approved in 1999. Site selection occurred in and around
1998 by the previous management of Heritage Pines, LLC (Washington Homes and US Homes). In its
origination, Heritage Pines LLC was a joint venture between Washington Homes and US Homes.
Subsequent to the formation of this joint venture, each of the participants was acquired by competing
national homebuilders. Washington Homes was acquired by K. Hovnanian, while US Homes was
acquired by Lennar. Along with these acquisitions came changes in project management teams. K.
Hovnanian Homes (the current project manager) believe that they have done everything in their power
since coming to the Raleigh/Durham market to work closely with the local, state and governmental
municipalities to ensure that all ordinances are met.
Site Selection Factors
1. Location
a. Cary Address: seated in the heart of Cary, this location is ideal for residents residing in
the area
b. Proximity to commercial uses: shopping centers of all kinds are located within a very
short distance
c. Proximity to other residential areas: there were other similar residential areas near by to
this project which instilled confidence in the project
Utilities: all major utilities were accessible to this site
Land position: The site topography was in good standing in terms of not needing to design for
extraordinary cuts or fills. It was relatively flat with relatively few tributary drainages. Other
properties of equivalent size within the Cary area have similar stream densities and topographic
drainages. As such, one can assume that comparable impacts to jurisdictional waters would be
required.
CONCLUSION
It is our understanding that this additional information will provide you all of the information required for
you to continue the review of our permit application. Please contact us if you require any information
beyond what has been provided in this response. We appreciate your review and comments.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
Attachments: Attachment 1- Pipe Outlet & Flows Chart (Gillleece & Associates)
Attachment 2 - As Built Site Layout w/ Outlet Labels (Gilleece & Associates)
Attachment 3 - Water Quality Improvement Report (Gilleece & Associates)
Attachment 4 - DRAFT Restrictive Covenant
Attachment 5 - DRAFT Deed Notification
Heritage Pines Subdivision ATTACHMENT 1
Pipe Outlets and Flows
Outlet
A
B
C
D
E
F
G
H Phase
1 *
1 *
1 *
1 *
1 *
1*
1*
1 * Former Number
38A
37
3F
1
18A
16B
28
27A Q 10 cfs)
9.10
2.89
11.05
2.53
3.06
1.31
58.92
15.02 Device in Place/ Proposed Im rovements
Discharge directly to pond/no buffer
Discharge directly to pond/no buffer
-Discharge directly to pond/no buffer
Discharge directly to pond/no buffer
Scour hole
Scour hole
Ri -ra culvert under Crystal Brook
Convert to pocket wetland Pipe Diameter
15"RCP
15" RCP
24" RCP
15" RCP
15" RCP
15" RCP
24" CMP
24" RCP
I
J 2
2B 3A
8 45.80
4.07 Rip-Rap/Mostly school run off (Weir)
Sheet flow achieved 30" RCP
15" RCP
K
KK 2
1 * 20
41 45.10
2.31 Ri -ra
Included in "K" payment 24" RCP
15" RCP
L 3 27 8.69 Sheet flow achieved 24" RCP
M 3 31A 9.75 Sheet flow achieved 24" RCP
N 3 34A 9.01 Sheet flow achieved 24" RCP
O 3 36 1.60 Convert to levels reader 15" RCP
P 3 39 9.05 Convert to levels reader 24" RCP
Q 3 42C 12.05 24" RCP
R 4 80 1.18 Scour hole 15" RCP
RR 4 Al/B1 340 Rip-rap culvert under road Arch Bridge
S 4 71 28.68 Wet and followed by levels reader 30" RCP
T 4 75 3.49 Convert to levels reader 15" RCP
U 4 78 7.12 Scour hole 18" RCP
V 4/LS 47 128.79 Bypass/Small portion of Louis Stephens ------
W 5/LS 56 7.00 Not Heritage Pines 24" RCP
X LS 53A 7.11 Not Heritage Pines 18" RCP
Y 5 99A 6.65 Offset with "5" treatment of phase 4 24" RCP
* Flows for outlets in phase 1 are calculated from sketchy and incomplete data and may not be
accurate.
ATTACHMENT 3
Hugh J. Gilleece, III & Associates, P.A. 875 Walnut Street, Suite 360
Consulting Engineers Cary, North Carolina 27.511
[phone]
Fax [phone]
[e-mail]
Water Quality Improvement Report
Heritage Pines Subdivision
Carpenter-Upchurch Road
Cary, North Carolina
Prepared For
K. Hovnanian Homes
3500 Regency Parkwa
Suite F 11016118..
eAR(I1
y, j
Cary, North Carolina 27511
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September 13, 2005 f
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8922
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9/13/0S
Heritage Pines Subdivision
Water Quality Improvement Report
Table of Contents
General
Retention Pond Calculations
Nitrogen Removal Calculations
Appendix
3
3
4
8
2
Heritage Pines Subdivision
General
This project is located in Cary, North Carolina along Carpenter-Upchurch Road. It is south of
Morrisville Road. The property drains to Crabtree Creek in the Neuse River basin. The project
area is 96.747 acres.
Discussion about retrofit measures
The Division of Water Quality has proposed that we provide stonnwater treatment to Phase 5 of
the project in accordance with the "Stormwater Best Management Practices" dated April 1999.
Most of the Phase 5 infrastructure is already in place but no houses have been built at this time.
Adjacent Phase 4 has houses built or being built on all lots. In Phase 4 DWQ has requested that we
do the best we can to provide level spreaders at outlets.
Storm drain pipes draining a large portion of Phase 4 and some of Louis Stephens Drive passes
along the edge of Lot 181 which is in the edge of the Phase 5 area and has been identified as a
possible location for a wet pond. A portion of Phase 5 lies on the far side of Louis Stephens Drive
and cannot be drained back to the proposed pond.
We are proposing to treat the portion of Phase 4 stormwater that drains through Lot 181 in lieu of
treating the portion of Phase 5 that is on the other side of Louis Stephens Drive. The area of Phase
4 that we would be treating is 7.00 acres while the area of Phase 5 that we would not be treating is
6.65 acres. This would result in a slight increase in the area being treated while avoiding extreme
costs in treating the Phase 5 area on the other side of Louis Stephens Drive.
Retention Pond Calculations
Proposed Pond # 3
There is proposed to be one retention pond on this project located at the intersection of Heritage
Pines Drive and Franklin Hills Point. This is in the area that was originally shown to be Lots 181
and 182.
Drainage Area (Pond # 3)
Total drainage area = 443,673 s. f. = 10.19 ac.
Impervious area = 177,021 s. f.
Factors below are calculated on the Pond Worksheet in the Appendix. Please ignore those items
which do not apply to this project such as bio-retention areas.
Use T, = 5.0 min. i l = 7.22
Qio=44.45 cfs
First V Volume = 7859 ft.'
The surface area requirement is based on Table 1. l of the State BMP Manual.
Impervious area - 39.9%
For 3' deep pond SA/DA, ratio= 1.73%
Surface area required >_ 7658 ft.'`
Trial area at Elevation 344 = 7876 ft.2 > 7658 ft.' O. K.
Storage Volumes by Depth (Pond # 3)
See Retention Pond Volume sheet for Pond # 1 in the appendix.
Primary Outlet (Pond # 3)
Required volume below primary outlet = 7859 c. f.
AEl. = (7859/8467.5) = 0.93'
Set primary outlet at El. 344.93
Treatment Storage Outlet (Pond # 3)
Must retain first 1 inch of runoff from impervious areas for 2 - 5 days.
Treatment storage volume = 7859 ft .3
Q = 7859/172,800 sec. per 2 days = 0.04548 cfs
AEl. = 0.93'
Assume flow at'/z depth = average flow h = 0.465' from outlet invert
Orifice formula Q = CA(2gh)0-5 C = 0.6
0.04548 = 0.6A[2(32.16)(0.465)]0'
A = 0.013860 ft.2
r = 0.06642' = 0.80"
D = 1.59"
Use 1.5" pipe A = n(1.50/24)2 = 0.012272 ft.2
Q = 0.6(0.012272)[2(32.16)(0.465)]05 = 0.040268 cfs
t = 7859/0.040268 = 195,167 sec. = 54.2 hrs. = 2.3 days > 2 & < 5 O. K.
Nitrogen Removal Calculations
The nitrogen removal calculations will be calculated by outlet. This will be done for those outlets
where level spreaders or scour pools are not used.
4
The two primary factors governing nitrogen production are the area of runoff and the type of
surface. The factors used in this analysis are as follows:
Permanently protected undisturbed open space 0.601bs./ac./yr.
Permanently protected managed open space 1.20 lbs/ac./yr.
Impervious area 21.20 lbs./ac./yr.
Outlet "I"
Most of the drainage to this outlet is from the Green Hope High School property. this was diverted
during the school construction from flowing to the stream at the back of the school property to a
location that drained across the Heritage Pines property causing major flooding issues. This was
diverted again a few years back by a pipe on the school property to the pipe system that has its
outlet at 'T" The remaining portion of the flow in this system is generated on the Heritage Pines
Subdivision. We will analyze these two areas separately for nitrogen calculations, then sum them
together.
This area will be split for analysis as shown below:
From school property
From Heritage Pines
Total to Outlet "I"
From school property
Total Area Impervious Area
625,957 200,306
114,483 39,108
740,440 239,414
Total area = 625,957 s. f. = 14.37 ac.
Impervious = 200,306 s. f = 4.60 ac.
Undisturbed open space = 0
Maintained open space = 625,957 - 200,306 - 0 = 425,651 s. f. = 9.77 ac.
Area
Type Area (acres)
Undisturbed Open Space 0.00
Maintained Open Space 9.77
Impervious 4.60
Total 14.37
TN Export
Coefficient TN Export
(lbs./ac./yr.) (lbs./yr.)
0.60 0.00
1.20 11.72
21.20 97.52
109.24
Buydown = 109.24 - 3.6(14.37) = 57.51 lbs./yr.
5
From Heritage Pines
Total area = 114,483 s. f. = 2.63 ac.
Impervious = 39,108 s. f. = 0.90 ac.
Undisturbed open space = 0
Maintained open space = 114,483 - 39,108 - 0 = 75,375 s. £ = 1.73 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.00 0.60 0.00
Maintained Open Space 1.73 1.20 2.08
Impervious 0.90 21.20 19.08
Total 2.63 21.16
Buydown = 21.16 - 3.6(2.63) = 11.69 lbs./yr.
Total nitrogen export for Outlet "I" = 109.24 + 21.16 = 130.401bs./yr.
Outlet "K"
This outlet drains a large area of townhomes. Most of these are in Phase 2 but a portion are in
Phase 1. A small portion of the flow from this outlet comes from an off-site drainage area.
Total area = 556,697 s. f. = 12.78 ac.
Impervious = 225,428 s. f. = 5.18 ac.
Undisturbed open space = 42,160 s. f. = 0.97 ac.
Maintained open space = 556,697 - 225,428 - 42,160 = 289,109 s. f. = 6.63 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.97 0.60 0.58
Maintained Open Space 6.63 1.20 7.96
Impervious 5.18 21.20 109.82
Total 12.78 118.36
Buydown = 118.36 - 3.6(12.78) = 72.35 lbs./yr.
6
, Total Buydown
Total buydown for "I" and "K" = 11.69 + 72.35 = 84.04 lbs/yr.
Buydown cost = 84.04 x $330 = $27,733.20
FAProject FIIes%&A\NC\1700\Herita,e Pinesloverall Wetlands\Documents\Reports\DWQRpt doc
7

Pond Worksheet
Project: Heritage Pines Subdivision Basin: Pond # 3 Date: 8/30/05
R\Prolect Files\G & AWM170OWeritage Pines\Overall Wetlands\Documents\Reports\PondWorkt.xls
To Basin To Off-site
Total Area = 443673 s. f. = 10.19 acres Impervious = 177021
Pervious = 266652
Factors used on this worksheet:
Rational C = 0.599 0.599
Rational C SCS CN
Pervious
Impervious 0.4
0.9 79
98
The following formulas from the SCS method are used:
S = 1000/CN - 10 Tp = Vol./1.39Qp
Q* = (P - 0.2S)^ 2/(P + 0.8S)
Storm I
i h) Qp
(cfs P
(in. Q.
in.) Tp
(min.)
1 inch 1.00 02126
1 year 4.61 28.38 3.00 1.7067 26.7
2 year 5.76 35.46 3.60 2.2364 28.0
5 year 6.58 40.51 4.65 3.1980 35.0
10 year 7.22 44.45 5.38 3.8830 38.7
25 year 8.19 50.42 6.41 4.8641 42.8
50 year 8.96 55.16 7.21 5.6344 45.3
100 year 9.72 59.84 8.00 6.4001 47.4
Storage for 1" rainfall = 7859 c. f.
SCS CN = 86.6 86.6
SCS S = 1.5499 1.5499
Surface Area Required
Wet Retention Pond Depth = 3 ft.
Impervious = 39.9 % SA/DA Ratio = 1.73 %
Surface Area Required = 7658 s. f.
Bio-Retention Area (7% x C Factor x area
Surface Area Required = 18619 s. f.
Sand Filter (Required volume and area)
Chamber Volume = 5500 c. f. (540 c. f./ac.)
Chamber Surface Area = 3667 s. f. (360 s. f./ac.)
*Impervious area direct to off-site added to this basin impervious and to total drainage area to calculate 1"
rainfall storage and surface area required.
f
Pond Worksheet
Heritage Pines Subdivision Pond # 3
FAProject Files\G & AWC\1700\Heritage Pines\Overall Wetlands\Documents\Reports\PondWorkl.xls
Table 1.1 from State BMP manual
Page 1A
8/30/05
% Imp. Permanent Pool Depth ft.
Cover 3.0 4.0 5.0 6.0 7.0 8.0 9.0
10 0.59 0.49 0.43 0.35 0.31 0.29 0.26
20 0.97 0.79 0.70 0.59 0.51 0.46 0.44
30 1.34 1.08 0.97 0.83 0.70 0.64 0.62
40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 2.06 1.73 1.50 1.30 1.09 1.00 0.92
60 2.40 2.03 1.71 1.51 1.29 1.18 1.10
70 2.88 2.40 2.07 1.79 1.54 1.35 1.26
80 3.36 2.78 2.38 2.10 1.86 1.60 1.42
90 3.74 3.10 2.66 2.34 2.11 1.83 1.67
0-20 1.73 1.39 1.24 1.07 0.91 0.80 0.80
20 - 30 1.71 1.37 1.24 1.07 0.89 0.82 0.80
30 - 40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
40 - 50 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 - 60 1.73 1.43 1.25 1.05 0.90 0.82 0.77
60 - 70 1.73 1.43 1.25 1.05 0.90 0.82 0.77
70 - 80 1.73 1.43 1.25 1.05 0.90 0.82 0.77
80+ 1.73 1.43 1.25 1.05 0.90 0.82 0.77
1.73 0.00 0.00 0.00 0.00 0.00 0.00
1.73
ATTACHMENT 4
DRAFT language proposed to be included as a restrictive covenant for Heritage
Pines, Cary, NC (November 2005):
ARTICLE - -
WETLAND, STREAM & BUFFER PROTECTION
"The areas located within the common areas of Heritage Pines and shown on the
recorded plat (identify the plat by title, date, and recording data) as conservation
areas shall be maintained in perpetuity in their natural or mitigated condition.
The conservation areas include jurisdictional waters (including wetlands, streams
and ponds) and protected riparian buffers. No person or entity shall perform any
of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utilitypoles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
200520456, and therefore may be enforced by the United States ofAmerica. This
covenant is to run with the land, and shall be binding on the Owner, and all
parties claiming under it. "
t_
ATTACHMENT 5
DRAFT language proposed to be included as a deed notification for lots containing
retained wetlands or buffers within Heritage Pines, Cary, NC (November 2005):
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 21-1.0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them."

DS-0136
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
January 13, 2006
S&EC Project # 2932.w2
ORIGINAL COPY
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
N.C. Division of Water Quality
Raleigh Regional Office
Attn: Eric Kulz
3800 Barrett Drive
Raleigh, NC 27609
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
N.C. Division of Water Quality
NPS Assistance & Compliance Oversight
Attn: Danny Smith
512 N. Salisbury St.
Raleigh, NC 27604
From: Bob Zarzecki !-1°'
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614 JAN 17 2006
t:iLwk - liv it Ott U IALn
Re: Heritage Pines Subdivision, Cary, NC - Individual Permit Application VE RANDS MD S i U Yr Y'??7Cfi 8rRA11XH
Responses to USACE June 14, 2005 Letter (Action ID No. 200520456); &
DWQ June 13, 2005 Letter (Project No. 05-0736).
Dear Mr. Tugwell, et. al.:
On behalf of our client, Heritage Pines LLC, we are hereby providing additional information in
response to comments received during the Public Notice period, our meetings on June 14, 2005, July 6,
2005, July 29, 2005, and various other correspondences with the reviewing agencies during the Fall/Winter
of 2005. This additional information is an amendment to our existing Individual Permit application under
review by both the U.S. Army Corps of Engineers (USACE; Action ID No. 200520456) and DWQ (Project
No. 05-0736) for the completion of the Heritage Pines development.
As stated within the application, approval has been received for Phase 1 from the U.S. Army
Corps of Engineers (USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development (DWQ Project
No. 99-0016). However, the applicant failed to obtain approval from the USACE for impacts associated
with Phase 2 through 5. This was due to miscommunication between the various management groups that
were responsible for the development prior the K. Hovnanian Homes involvement. The applicant is
requesting approval for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
1. Avoidance / Minization & Revised Impacts:
January 13, 2006
Page 2 of 5
Site meetings were conducted with the DWQ on July 6 and 29, 2005 to discuss avoidance /
minimization issues requested within their June 13, 2005 letter and within the June 14, 2005 meeting.
The primary areas of concern included: Wetland Impacts W8 and W9 (within the area of Lots 181 to
186); W 10 (within the location of Lot 69 (small portion only), 70 and 71); and W 14 (the impacted area
between Lots 8 & 10).
W8 & W9 (Lots 181 to 186) - It was agreed upon during the meeting that attempting to restore the
wetlands within impact areas W8 and W9 was not practical and that payment into the Wetlands
Restoration Fund to compensate for the loss of wetlands would be an acceptable alternative. As such,
the applicant proposes to pay into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses
(see "Mitigation" section below).
W 10 (Lots 69 to 71) - Both the DWQ and USACE requested additional justification for the proposed
wetland impacts in the location of Lots 69, 70 and 71. The applicant has agreed to avoid these
impacts. This will result in the reduction of riparian wetland impacts by 0.146 acres. By avoiding
these impacts, it will not be possible to build on Lots 70 and 71.
W 14 (Between Lots 8 & 10) - DWQ evaluated this area during both the June Oh and 29`" site meetings.
It was agreed that since no wetlands actually existed between Lots 8 and 10, because homes and
residents not live in the location of the previous wetlands (Lots 7, 8 & 9), and because the area
between Lots 8 and 10 was not suitable for restoration or creation, that restoration of these wetlands is
not practical and payment into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses is the
appropriate alternative. As such, the applicant agrees to pay into the Wetlands Restoration Fund at a
2:1 ratio to offset these losses (see "Mitigation" section below).
Table 1- Revised Wetland Impacts (Reference Block 22 of Application)
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of
(e
forested, marsh, 100-year Nearest Impact
(indicate on Impact rb
I herbaceous, bog, etc.) Floodplain Stream (acres)
map) es/no linear feet
Sheet6A-W 10* Lot Fill Headwater Forest No 35 0.146
0
Total Wetland Impact (acres) 2.261
Note: Only row "Sheet6A-WIO "and the impact total has changed; the remainder of the Wetland
Impact Table (Block 22) has not changed from the original application.
2. Mitigation:
Wetland & Stream Mitigation - The USACE received comments from the N.C. Wildlife Resources
Commission (NCWRC) and U.S. Fish & Wildlife Service (USFWS). Both agencies had concerns
regarding the proposed 1:1 mitigation ratio to offset losses to waters. As such the applicant proposes
2:1 mitigation for the permanent impacts to streams and wetlands as recommended by the USACE.
The applicant proposes payment into the Wetlands Restoration Fund administered by the N.C.
Ecosystem Enhancement Program (EEP) to satisfy this mitigation condition.
Buffer Mitigation - The applicant requested that buffer mitigation not be required for this project since
the impact areas were previously approved by the DWQ without mitigation. The DWQ denied this
request during our June and July 2005 meetings arguing that not all of the conditions of the previous
DWQ approval were met. As such the applicant has agreed to mitigate for the buffer impacts
Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
January 13, 2006
Page 3 of 5
associated with the Heritage Pines Drive stream crossing. The remainder of the buffer impacts within
the development are less than current buffer mitigation thresholds. The applicant proposes payment
into the Riparian Buffer Restoration Fund administered by the N.C. Ecosystem Enhancement Program
(EEP) to satisfy this mitigation condition.
The new mitigation totals are provided in Table 2 below.
Table 2 - Revised Mitigation Table
Mitigation Type Impact Mitigation Ratio Mitigation Amount Estimated Payment
to EEP
Stream 297 ft. 2:1 594 ft $130,086
. $219/ft
Riparian Wetlands 1.56 acres 2:1 3.12 acres $81'888
($26,246/ac)
Non-Riparian 0.702 acres 2:1 1
4 acres $19,685
Wetlands . ($13,123/ac)
Zone 1 Buffer 15,391 sq ft. 3:1 46,173 sq ft. $44,326
$0.96/s ft
Zone 2 Buffer 7,610 sq ft. 1.5:1 11,891 sq & $11,415
$0.96/s ft
Total Mitigation - - - $287,400.00
3. Stormwater:
The DWQ and the USFWS and NCWRC requested the installation of additional stormwater
management devices.
The applicant's engineers, Hugh J. Gilleece & Associates, identified and labeled all existing and
proposed stormwater outlets from the subdivision. Twenty-seven outlets were identified as depicted
on Attachments 1 & 2 (see attached). The discharge (Q10), existing or proposed outlet device and pipe
size are provided. (The engineer had to make certain assumptions regarding the flows for outlets in
Phase 1.) The existing devices and discharge methods are provided as well as any proposed devices.
Level Spreaders and/or scour holes will be provided for Outlets: E, F, O, P, Q, R, T, U and Y.
Pocket Wetland will be provided for Outlet: H.
Engineered Plunge Pool (or similar velocity dissipater) will be provided for Outlet: I. (This is the
discharge from the adjacent school site. A lot of water comes through this outlet. There is not
adequate room to construct a constructed wetland on the upstream end and any similar device
constructed on the downstream end would require additional disturbance to the vegetated riparian areas
and possibly stream. Dissipation of outlet velocities and energy from this outlet is a priority of
Heritage Pines, LLC. The project engineer believes that this site may be suitable for an engineered
plunge pool similar to work performed by Estes Design, Inc. (http://www.estesdesign.com/news.htm &
http://www.estesdesign.com/Welcome%20to%20Estes%20Design%20Inc files/Research/Uncensored
%20JAWRA%20Paper.Rdf ). The project engineer will contact Mr. Chris Estes to discuss this
potential option.
Wet Detention Basin followed by Level SpreaderNegetated Filter will be provided for Outlet: S. (As
requested by the DWQ, the applicant proposes to provide a wet detention basin that will discharge to a
level spreader and vegetated filter for the majority of Phase 5 and a portion of Phase 4. The project
engineer determined that it would be possible to treat a portion of Phase 4 to offset the portion of Phase
5 (including Outlet Y which drains Muir Brook Place and the lots north of Louis Stephens Drive) that
Heritage Pines Subdivision, Cary, NC
Individual Permit -Additional Information
January 13, 2006
Page 4 of 5
could not be treated (beyond the use of a level spreader to provide diffuse flow).) See Attachment 3 for
design details.
Diffuse flow was determined to be achieved for existing Outlets: J, L, M and N
Louis Stephens Drive stormwater management for Outlets W and X will be provided within the
Individual Permit submitted by the Town of Cary for the construction of Louis Stephens Drive. It is
anticipated that level spreaders will be used to achieve diffuse flow.
Outlets G and RR are culverts under the roads (Crystal Brook Lane and Heritage Pines Drive) used to
bypass stream flows and do not receive additional stormwater runoff.
Outlets A, B, C and D currently discharge directly to the larger, non-buffered pond (Sheet 3) located
on the property.
Outlet V is located within the existing Louis Stephens Road right of way and bypasses offsite
stormwater and a small portion of Louis Stephens Road runoff. The outlet discharges to a non-
buffered, non jurisdictional drainage way.
Nitrogen Offset Payments will be provided to the N.C. Ecosystem Enhancement Program (EEP) for
those outlets where diffuse flow or treatment cannot be achieved as described in the Water Quality
Improvement Report (Attachment 3). It should be noted that Heritage Pines, LLC has agreed to make
this payment for the nitrogen loading associated with Outlet I, even though the majority of the
stormwater comes from the adjacent school that was constructed at the same time as the early Phases
of Heritage Pines and was not required to provide DWQ stormwater treatment. Outlet KK drains to
yard inlets that connect to Outlet K, which is included within the nitrogen offset payments.
Total EEP Nitrogen Offset Payment / Bu down $27 733.20
4. Preservation/Avoidance, Deed Notifications and Restrictive Covenents:
As stated within the application, Heritage Pines, LLC proposes to avoid additional impacts to all
retained wetlands, streams, ponds and buffers located on the property. Also, Heritage Pines, LLC has
agreed (as stated within Item 1 above) to avoid impacts to wetlands on Lots 69, 70 and 71 (rendering
Lots 70 and 71 as not buildable).
It should also be noted that the stream drainage northwest of Rockport Ridge Way while originally
determined to be subject to the Neuse River Buffers during the site evaluations performed in
November 1997, is not subject to the current version of the Neuse River Buffer rules because the
stream is not shown on either the USGS topographic quadrangle map or Wake County Soil Survey.
However, Heritage Pines, LLC has agreed to retain buffers and provide diffuse flow of stormwater
(Outlets L, M and N) or offset nitrogen treatment (Outlet K) as described within Item 3 above for all
stormwater outlets discharging to this drainage.
Heritage Pines, LLC has agreed to add an additional Article / Restrictive Covenant to the Declaration
of Covenants for Heritage Pines that will ensure the preservation of all retained wetlands, streams,
ponds and buffers located within the Common Areas of the development. A copy of draft language of
this document is attached for your review and approval (see Attachment 5).
Heritage Pines, LLC has agreed to add the attached Deed Notification (seet Attachment 6) to any lots
that have not been currently sold and that contain retained wetlands or buffers. (All streams and ponds
are located within the common areas; most wetlands and buffers are located outside of lots. Lot 69 is
an example of a lot that has not been sold that contains a small amount of wetlands.)
Heritage Pines Subdivision, Cary, NC January 13, 2006
Individual Permit - Additional Information Page 5 of 5
5. Off-Site Alternatives:
It is difficult to evaluate current off-site alternatives for this development in that the current impacts
proposed by the new management of Heritage Pines, LLC (K. Hovnanian Homes) are associated with
the completion of the development plan as approved in 1999. Site selection occurred in and around
1998 by the previous management of Heritage Pines, LLC (Washington Homes and US Homes). In its
origination, Heritage Pines LLC was a joint venture between Washington Homes and US Homes.
Subsequent to the formation of this joint venture, each of the participants was acquired by competing
national homebuilders. Washington Homes was acquired by K. Hovnanian, while US Homes was
acquired by Lennar. Along with these acquisitions came changes in project management teams. K.
Hovnanian Homes (the current project manager) believe that they have done everything in their power
since coming to the Raleigh/Durham market to work closely with the local, state and governmental
municipalities to ensure that all ordinances are met.
Site Selection Factors
1. Location
a. Cary Address: seated in the heart of Cary, this location is ideal for residents residing in
the area
b. Proximity to commercial uses: shopping centers of all kinds are located within a very
short distance
c. Proximity to other residential areas: there were other similar residential areas near by to
this project which instilled confidence in the project
2. Utilities: all major utilities were accessible to this site
3. Land position: The site topography was in good standing in terms of not needing to design for
extraordinary cuts or fills. It was relatively flat with relatively few tributary drainages. Other
properties of equivalent size within the Cary area have similar stream densities and topographic
drainages. As such, one can assume that comparable impacts to jurisdictional waters would be
required.
CONCLUSION
It is our understanding that this additional information will provide you all of the information required for
you to continue the review of our permit application. Please contact us if you require any information
beyond what has been provided in this response. We appreciate your review and comments.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
Attachments: Attachment 1- Pipe Outlet & Flows Chart (Gillleece & Associates)
Attachment 2 - As Built Site Layout w/ Outlet Labels (Gilleece & Associates)
Attachment 3 - Water Quality Improvement Report (Gilleece & Associates)
Attachment 4 - DRAFT Restrictive Covenant
Attachment 5 - DRAFT Deed Notification
Heritage Pines Subdivision ATTACHMENT 1
Pipe Outlets and Flows
Outlet Phase Former Number Q10 cfs Device in Place/ Proposed Improvements Pi a Diameter
A 1 * 38A 9.10 Discharge directly to pond/no buffer 15"RCP
B 1 * 37 2.89 Discharge directly to pond/no buffer 15" RCP
C 1 * 3F 11.05 Discharge directly to pond/no buffer
- 24" RCP
D 1 * 1 2.53 Discharge directly to pond/no buffer 15" RCP
E 1 * 18A 3.06 Scour hole 15" RCP
F 1 * 16B 1.31 Scour hole 15" RCP
G
H 1 *
1 * 28
27A 58.92
15.02 Ri -ra culvert under Crystal Brook
Convert to pocket wetland 24" CMP
24" RCP
I
J 2
2B 3A
8 45.80
4.07 -Rip-Rap/Mostly school run off (Weir)
Sheet flow achieved 30" RCP
15" RCP
K 2 20 45.10 Rip-rap 24" RCP
KK 1* 41 2.31 Included in "K" payment 15" RCP
L 3 27 8.69 Sheet flow achieved 24" RCP
M 3 31A 9.75 Sheet flow achieved 24" RCP
N 3 34A 9.01 Sheet flow achieved 24" RCP
O 3 36 760 Convert to levels reader 15" RCP
P 3 39 9.05 Convert to levels reader 24" RCP
Q 3 42C 12.05 24" RCP
R 4 80 1.18 Scour hole 15" RCP
RR
S 4
4 A1/BI
71 340
28.68 Rip-rap culvert under road
Wet pond followed b levels reader Arch Bridge
30" RCP
T 4 75 3.49 Convert to levels reader 15" RCP
U 4 78 7.12 Scour hole 18" RCP
V 4/LS 47 128.79 B ass/Small onion of Louis Stephens ------
5/LS 56 7.00 Not Heritage Pines 24" RCP
X LS 53A 7.11 Not Heritage Pines 18" RCP
V 5 99A 6.65 Offset with "5" treatment of phase 4 24" RCP
* Flows for outlets in phase 1 are calculated from sketchy and incomplete data and may not be
accurate.
ATTACHMENT 3
Hugh J. Gilleece, III & Associates, P.A. 875 Walnut Street, Suite 360
Consulting Engineers Cary, North Carolina 27511
[phone]
Fax [phone]
[e-mail]
Water Quality Improvement Report
Heritage Pines Subdivision
Carpenter-Upchurch Road
Cary, North Carolina
Prepared For
K. Hovnanian Homes
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
September 13, 2005
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1
Heritage Pines Subdivision
Water Quality Improvement Report
Table of Contents
General
Retention Pond Calculations
Nitrogen Removal Calculations
Appendix
3
3
4
8
2
Heritage Pines Subdivision
General
This project is located in Cary, North Carolina along Carpenter-Upchurch Road. It is south of
Morrisville Road. The property drains to Crabtree Creek in the Neuse River basin. The project
area is 96.747 acres.
Discussion about retrofit measures
The Division of Water Quality has proposed that we provide stormwater treatment to Phase 5 of
the project in accordance with the "Stormwater Best Management Practices" dated April 1999.
Most of the Phase 5 infrastructure is already in place but no houses have been built at this time.
Adjacent Phase 4 has houses built or being built on all lots. In Phase 4 DWQ has requested that we
do the best we can to provide level spreaders at outlets.
Storm drain pipes draining a large portion of Phase 4 and some of Louis Stephens Drive passes
along the edge of Lot 181 which is in the edge of the Phase 5 area and has been identified as a
possible location for a wet pond. A portion of Phase 5 lies on the far side of Louis Stephens Drive
and cannot be drained back to the proposed pond.
We are proposing to treat the portion of Phase 4 stormwater that drains through Lot 181 in lieu of
treating the portion of Phase 5 that is on the other side of Louis Stephens Drive. The area of Phase
4 that we would be treating is 7.00 acres while the area of Phase 5 that we would not be treating is
6.65 acres. This would result in a slight increase in the area being treated while avoiding extreme
costs in treating the Phase 5 area on the other side of Louis Stephens Drive.
Retention Pond Calculations
Proposed Pond # 3
There is proposed to be one retention pond on this project located at the intersection of Heritage
Pines Drive and Franklin Hills Point. This is in the area that was originally shown to be Lots 181
and 182.
Drainage Area (Pond # 3)
Total drainage area = 443,673 s. f. = 10.19 ac.
Impervious area = 177,021 s. f.
Factors below are calculated on the Pond Worksheet in the Appendix. Please ignore those items
which do not apply to this project such as bio-retention areas.
Use T, = 5.0 min. i i = 7.22

Q i o = 44.45 cfs
First I" Volume = 7859 ft.3
The surface area requirement is based on Table 1.1 of the State BMP Manual.
Impervious area - 39.9%
For 3' deep pond SA/DA ratio = 1.73%
Surface area required >_ 7658 ft.2
Trial area at Elevation 344 = 7876 ft.2 > 7658 ft.2 O. K.
Storage Volumes by Depth (Pond # 3)
See Retention Pond Volume sheet for Pond # 1 in the appendix.
Primary Outlet (Pond # 3)
Required volume below primary outlet = 7859 c. f.
AEI. = (7859/8467.5) = 0.93'
Set primary outlet at El. 344.93
Treatment Storage Outlet (Pond # 3)
Must retain first 1 inch of runoff from impervious areas for 2 - 5 days.
Treatment storage volume = 7859 ft .3
Q = 7859/172,800 see. per 2 days = 0.04548 cfs
AEI. = 0.93'
Assume flow at '/2 depth = average flow h = 0.465' from outlet invert
Orifice formula Q = CA(2gh)05 C = 0.6
0.04548 = 0.6A[2(32.16)(0.465)]0-5
A = 0.013860 ft.2
r = 0.06642' = 0.80"
D = 1.59"
Use 1.5" pipe A = n(1.50/24)2 = 0.012272 ft.'
Q = 0.6(0.012272)[2(32.16)(0.465)]05 = 0.040268 cfs
t = 7859/0.040268 = 195,167 sec. = 54.2 hrs. = 2.3 days > 2 & < 5 O. K.
Nitrogen Removal Calculations
The nitrogen removal calculations will be calculated by outlet. This will be done for those outlets
where level spreaders or scour pools are not used.
4
The two primary factors governing nitrogen production are the area of runoff and the type of
surface. The factors used in this analysis are as follows:
Permanently protected undisturbed open space 0.60 lbs./ac./yr.
Permanently protected managed open space 1.20 lbs/ac./yr.
Impervious area 21.20 lbs./ac./yr.
Outlet "I"
Most of the drainage to this outlet is from the Green Hope High School property. this was diverted
during the school construction from flowing to the stream at the back of the school property to a
location that drained across the Heritage Pines property causing major flooding issues. This was
diverted again a few years back by a pipe on the school property to the pipe system that has its
outlet at 'T" The remaining portion of the flow in this system is generated on the Heritage Pines
Subdivision. We will analyze these two areas separately for nitrogen calculations, then sum them
together.
This area will be split for analysis as shown below:
Total Area Impervious Area
From school property 625,957 200,306
From Heritage Pines 114,483 39,108
Total to Outlet "I" 740,440 239,414
From school property
Total area = 625,957 s. f. = 14.37 ac.
Impervious = 200,306 s. f. = 4.60 ac.
Undisturbed open space = 0
Maintained open space = 625,957 - 200,306 - 0 = 425,651 s. f. = 9.77 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.00 0.60 0.00
Maintained Open Space 9.77 1.20 11.72
Impervious 4.60 21.20 97.52
Total 14.37 109.24
Buydown = 109.24 - 3.6(14.37) = 57.51 lbs./yr.
5
From Heritage Pines
Total area = 114,483 s. f. = 2.63 ac.
Impervious = 39,108 s. f. = 0.90 ac.
Undisturbed open space = 0
Maintained open space = 114,483 - 39,108 - 0 = 75,375 s. f. = 1.73 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.00 0.60 0.00
Maintained Open Space 1.73 1.20 2.08
Impervious 0.90 21.20 19.08
Total 2.63 21.16
Buydown = 21.16 - 3.6(2.63) = 11.69 lbs./yr.
Total nitrogen export for Outlet "I" = 109.24 + 21.16 = 130.40 lbs./yr.
Outlet "K"
This outlet drains a large area of townhomes. Most of these are in Phase 2 but a portion are in
Phase 1. A small portion of the flow from this outlet comes from an off-site drainage area.
Total area = 556,697 s. f. = 12.78 ac.
Impervious = 225,428 s. f. = 5.18 ac.
Undisturbed open space = 42,160 s. f. = 0.97 ac.
Maintained open space = 556,697 - 225,428 - 42,160 = 289,109 s. f. = 6.63 ac.
TN Export Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.97 0.60 0.58
Maintained Open Space 6.63 1.20 7.96
Impervious 5.18 21.20 109.82
Total 12.78 118.36
Buydown = 118.36 - 3.6(12.78) = 72.35 lbs./yr.
6
Total Buydown
Total buydown for "I" and "K" = 11.69 + 72.35 = 84.04 lbs/yT.
Buydown cost = 84.04 x $330 = $27,733.20
FAProject Files\G&A\NC\1700\Herita_e Pines\Overall Wetlands\Documents\Reports\DWQRpt.doc
7
Pond Worksheet
Project: Heritage Pines Subdivision Basin: Pond # 3 Date: 8/30/05
FAProject Files\G & A\NC\l70MHeritage Pines\Overall Wetlands\Documents\Reports\PondWorkl.xls
To Basin To Off-site
Total Area = 443673 s. f. = 10.19 acres Impervious = 177021
Pervious = 266652
Factors used on this worksheet:
Rational C = 0.599 0 599
Rational C SCS CN
Pervious
Impervious 0.4
0.9 79
98
The following formulas from the SCS method are used:
S = 1000/CN - 10 Tp = Vol./1.39Qp
Q` = (P - 0.2S)-2/(P + 0.8S)
Storm I
iph) Qp
cfs) P
in.) Q`
(in.) Tp
(min.)
1 inch 1.00 0.2126
1 year 4.61 28.38 3.00 1.7067 26.7
2 year 5.76 35.46 3.60 2.2364 28.0
5 year 6.58 40.51 4.65 3.1980 35.0
10 year 7.22 44.45 5.38 3.8830 38.7
25 year 8.19 50.42 6.41 4.8641 42.8
50 year 8.96 55.16 7.21 5.6344 45.3
100 year 9.72 59.84 8.00 6.4001 47.4
SCS CN =
SCS S =
Storage for 1" rainfall = 7859 c. f.
Surface Area Required
Wet Retention Pond Depth = 3 ft.
Impervious = 39.9 % SA/DA Ratio = 1.73%
Surface Area Required = 7658 s. f.
Bio-Retention Area (7% x C Factor x area
Surface Area Required = 18619 s. f.
i
i
Sand Filter (Required volume and area) _
Chamber Volume = 5500 c. f. (540 c. f./ac.)
Chamber Surface Area = 3667 s. f. (360 s. f./ac.)
86.6 86.6
1.5499 1.5499
`Impervious area direct to off-site added to this basin impervious and to total drainage area to calculate 1"
rainfall storage and surface area required.
Pond Worksheet
Heritage Pines Subdivision Pond # 3
FAProject Files\G & A\NC\1700\Heritage Pines\Overall Wetlands\Documents\Reports\PondWorkl.xls
Table 1.1 from State BMP manual
% Imp. Permanent Pool Depth (ft.)
Cover 3.0 4.0 5.0 6.0 7.0 8.0 9.0
10 0.59 0.49 0.43 0.35 0.31 0.29 0.26
20 0.97 0.79 0.70 0.59 0.51 0.46 0.44
30 1.34 1.08 0.97 0.83 0.70 0.64 0.62
40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 2.06 1.73 1.50 1.30 1.09 1.00 0.92
60 2.40 2.03 1.71 1.51 1.29 1.18 1.10
70 2.88 2.40 2.07 1.79 1.54 1.35 1.26
80 3.36 2.78 2.38 2.10 1.86 1.60 1.42
90 3.74 3.10 2.66 2.34 2.11 1.83 1.67
0-20 1.73 1.39 1.24 1.07 0.91 0.80 0.80
20 - 30 1.71 1.37 1.24 1.07 0.89 0.82 0.80
30 - 40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
40 - 50 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 - 60 1.73 1.43 1.25 1.05 0.90 0.82 0.77
60 - 70 1.73 1.43 1.25 1.05 0.90 0.82 0.77
70 - 80 1.73 1.43 1.25 1.05 0.90 0.82 0.77
80+ 1.73 1.43 1.25 1.05 0.90 0.82 0.77
1.73 0.00 0.00 0.00 0.00 0.00 0.00
Page 1A
8/30/05
1.73
ATTACHMENT 4
DRAFT language proposed to be included as a restrictive covenant for Heritage
Pines, Cary, NC (November 2005):
ARTICLE - -
WETLAND, STREAM & BUFFER PROTECTION
"The areas located within the common areas of Heritage Pines and shown on the
recorded plat (identify the plat by title, date, and recording data) as conservation
areas shall be maintained in perpetuity in their natural or mitigated condition.
The conservation areas include jurisdictional waters (including wetlands, streams
and ponds) and protected riparian buffers. No person or entity shall perform any
of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S Army Corps of Engineers, Wilmington District, Action ID
200520456, and therefore maybe enforced by the United States ofAmerica. This
covenant is to run with the land, and shall be binding on the Owner, and all
parties claiming under it. "
ATTACHMENT 5
DRAFT language proposed to be included as a deed notification for lots containing
retained wetlands or buffers within Heritage Pines, Cary, NC (November 2005):
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them."

y .•. t! &A
OS-013
•
soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]

i www.SandEC.com
January 13, 2006
S&EC Project # 2932.w2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27615 Raleigh, NC 27604-2260
N.C. Division of Water Quality N.C. Division of Water Quality
Raleigh Regional Office NPS Assistance & Compliance Oversight
Attn: Eric Kulz Attn: Danny Smith
3800 Barrett Drive 512 N. Salisbury St.
Raleigh, NC 27609 Raleigh, NC 27604
From: Bob Zarzecki , ,
Soil & Environmental Consultants, P.A. (€
;
0 i
11010 Raven Ridge Road
Raleigh, NC 27614
JAN
Re: Heritage Pines Subdivision, Cary, NC - Individual Permit Application L?lti4 ,4
Responses to USACE June 14, 2005 Letter (Action ID No. 200520456); & VE-jL "'DS P"10 "I'-,
DWQ June 13, 2005 Letter (Project No. 05-0736).
Dear Mr. Tugwell, et al.:
On behalf of our client, Heritage Pines LLC, we are hereby providing additional information in
response to comments received during the Public Notice period, our meetings on June 14, 2005, July 6,
2005, July 29, 2005, and various other correspondences with the reviewing agencies during the Fall/Winter
of 2005. This additional information is an amendment to our existing Individual Permit application under
review by both the U.S. Army Corps of Engineers (USACE; Action ID No. 200520456) and DWQ (Project
No. 05-0736) for the completion of the Heritage Pines development.
As stated within the application, approval has been received for Phase 1 from the U.S. Army
Corps of Engineers (USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development (DWQ Project
No. 99-0016). However, the applicant failed to obtain approval from the USACE for impacts associated
with Phase 2 through 5. This was due to miscommunication between the various management groups that
were responsible for the development prior the K. Hovnanian Homes involvement. The applicant is
requesting approval for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E l,a mdale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Heritage Pines Subdivision, Cary, NC January 13, 2006
Individual Permit -Additional Information Page 2 of 5
1. Avoidance / Minization & Revised Impacts:
Site meetings were conducted with the DWQ on July 6 and 29, 2005 to discuss avoidance /
minimization issues requested within their June 13, 2005 letter and within the June 14, 2005 meeting.
The primary areas of concern included: Wetland Impacts W8 and W9 (within the area of Lots 181 to
186); W 10 (within the location of Lot 69 (small portion only), 70 and 71); and W14 (the impacted area
between Lots 8 & 10).
W8 & W9 (Lots 181 to 186) - It was agreed upon during the meeting that attempting to restore the
wetlands within impact areas W8 and W9 was not practical and that payment into the Wetlands
Restoration Fund to compensate for the loss of wetlands would be an acceptable alternative. As such,
the applicant proposes to pay into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses
(see "Mitigation" section below).
W10 (Lots 69 to 71) - Both the DWQ and USACE requested additional justification for the proposed
wetland impacts in the location of Lots 69, 70 and 71. The applicant has agreed to avoid these
impacts. This will result in the reduction of riparian wetland impacts by 0.146 acres. By avoiding
these impacts, it will not be possible to build on Lots 70 and 71.
W14 (Between Lots 8 &10) - DWQ evaluated this area during both the June 6t' and 29's site meetings.
It was agreed that since no wetlands actually existed between Lots 8 and 10, because homes and
residents not live in the location of the previous wetlands (Lots 7, 8 & 9), and because the area
between Lots 8 and 10 was not suitable for restoration or creation, that restoration of these wetlands is
not practical and payment into the Wetlands Restoration Fund at a 2:1 ratio to offset these losses is the
appropriate alternative. As such, the applicant agrees to pay into the Wetlands Restoration Fund at a
2:1 ratio to offset these losses (see "Mitigation" section below).
Table 1- Revised Wetland Impacts (Reference Block 22 of Application)
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of
(e
forested
marsh 100-year Nearest Impact
(indicate on Impact ,
,
herb
aceous, bog, etc.)
herbaceous, Floodplain Stream (acres)
map) es/no linear feet
Sheet6A-W 10* Lot Fill Headwater Forest No 35 0.146
0
Total Wetland Impact (acres) 2.261
Note: Only row "Sheet6A-W10 "and the impact total has changed; the remainder of the Wetland
Impact Tahle (Block 22) has not changed from the original application.
2. Mitigation:
Wetland & Stream Mitigation - The USACE received comments from the N.C. Wildlife Resources
Commission (NCWRC) and U.S. Fish & Wildlife Service (USFWS). Both agencies had concerns
regarding the proposed 1:1 mitigation ratio to offset losses to waters. As such the applicant proposes
2:1 mitigation for the permanent impacts to streams and wetlands as recommended by the USACE.
The applicant proposes payment into the Wetlands Restoration Fund administered by the N.C.
Ecosystem Enhancement Program (EEP) to satisfy this mitigation condition.
Buffer Mitigation - The applicant requested that buffer mitigation not be required for this project since
the impact areas were previously approved by the DWQ without mitigation. The DWQ denied this
request during our June and July 2005 meetings arguing that not all of the conditions of the previous
DWQ approval were met. As such the applicant has agreed to mitigate for the buffer impacts
Heritage Pines Subdivision, Cary, NC
Individual Permit-Additional Information
January 13, 2006
Page 3 of 5
associated with the Heritage Pines Drive stream crossing. The remainder of the buffer impacts within
the development are less than current buffer mitigation thresholds. The applicant proposes payment
into the Riparian Buffer Restoration Fund administered by the N.C. Ecosystem Enhancement Program
(EEP) to satisfy this mitigation condition.
The new mitigation totals are provided in Table 2 below.
Table 2 - Revised Mitigation Table
Mitigation Type Impact Mitigation Ratio Mitigation Amount Estimated Payment
to EEP
Stream 297 ft. 2:1 594 ft. $130,086
$219/ft
Riparian Wetlands 1.56 acres 2:1 3.12 acres $81'888
$26,246/ac
Non-Riparian
Wetlands 0.702 acres 2:1 1.4 acres $19,685
($13,123/ac)
Zone 1 Buffer 15,391 sq ft. 3:1 46,173 sq ft. $44,326
$0.96/s ft
Zone 2 Buffer 7,610 sq ft. 1.5:1 11,891 sq ft. $11,415
$0.96/s ft
Total Mitigation - - - $287,400.00
3. Stormwater:
The DWQ and the USFWS and NCWRC requested the installation of additional stormwater
management devices.
The applicant's engineers, Hugh J. Gilleece & Associates, identified and labeled all existing and
proposed stormwater outlets from the subdivision. Twenty-seven outlets were identified as depicted
on Attachments 1 & 2 (see attached). The discharge (Q10), existing or proposed outlet device and pipe
size are provided. (The engineer had to make certain assumptions regarding the flows for outlets in
Phase 1.) The existing devices and discharge methods are provided as well as any proposed devices.
Level Spreaders and/or scour holes will be provided for Outlets: E, F, O, P, Q, R, T, U and Y.
Pocket Wetland will be provided for Outlet: H.
Engineered Plunge Pool (or similar velocity dissipater) will be provided for Outlet: I. (This is the
discharge from the adjacent school site. A lot of water comes through this outlet. There is not
adequate room to construct a constructed wetland on the upstream end and any similar device
constructed on the downstream end would require additional disturbance to the vegetated riparian areas
and possibly stream. Dissipation of outlet velocities and energy from this outlet is a priority of
Heritage Pines, LLC. The project engineer believes that this site may be suitable for an engineered
plunge pool similar to work performed by Estes Design, Inc. (http://www.estesdesign.com/news.htm &
http://www.estesdesign&Qm!Welcome%20to%20Estes%20Design%20Inc files/Research/Uncensored
%20JAWRA%20Paper.pdf ). The project engineer will contact Mr. Chris Estes to discuss this
potential option.
Wet Detention Basin followed by Level SpreaderNegetated Filter will be provided for Outlet: S. (As
requested by the DWQ, the applicant proposes to provide a wet detention basin that will discharge to a
level spreader and vegetated filter for the majority of Phase 5 and a portion of Phase 4. The project
engineer determined that it would be possible to treat a portion of Phase 4 to offset the portion of Phase
5 (including Outlet Y which drains Muir Brook Place and the lots north of Louis Stephens Drive) that
Heritage Pines Subdivision, Cary, NC January 13, 2006
Individual Permit - Additional Information Page 4 of 5
could not be treated (beyond the use of a level spreader to provide diffuse flow).) See Attachment 3 for
design details.
Diffuse flow was determined to be achieved for existing Outlets: J, L, M and N.
Louis Stephens Drive stormwater management for Outlets W and X will be provided within the
Individual Permit submitted by the Town of Cary for the construction of Louis Stephens Drive. It is
anticipated that level spreaders will be used to achieve diffuse flow.
Outlets G and RR are culverts under the roads (Crystal Brook Lane and Heritage Pines Drive) used to
bypass stream flows and do not receive additional stormwater runoff.
Outlets A, B, C and D currently discharge directly to the larger, non-buffered pond (Sheet 3) located
on the property.
Outlet V is located within the existing Louis Stephens Road right of way and bypasses offsite
stormwater and a small portion of Louis Stephens Road runoff. The outlet discharges to a non-
buffered, non jurisdictional drainage way.
Nitrogen Offset Payments will be provided to the N.C. Ecosystem Enhancement Program (EEP) for
those outlets where diffuse flow or treatment cannot be achieved as described in the Water Quality
Improvement Report (Attachment 3). It should be noted that Heritage Pines, LLC has agreed to make
this payment for the nitrogen loading associated with Outlet I, even though the majority of the
stormwater comes from the adjacent school that was constructed at the same time as the early Phases
of Heritage Pines and was not required to provide DWQ stormwater treatment. Outlet KK drains to
yard inlets that connect to Outlet K, which is included within the nitrogen offset payments.
Total EEP Nitrogen Offset Payment / Bu down $27 733.20
4. Preservation/Avoidance, Deed Notifications and Restrictive Covenents:
As stated within the application, Heritage Pines, LLC proposes to avoid additional impacts to all
retained wetlands, streams, ponds and buffers located on the property. Also, Heritage Pines, LLC has
agreed (as stated within Item 1 above) to avoid impacts to wetlands on Lots 69, 70 and 71 (rendering
Lots 70 and 71 as not buildable).
It should also be noted that the stream drainage northwest of Rockport Ridge Way while originally
determined to be subject to the Neuse River Buffers during the site evaluations performed in
November 1997, is not subject to the current version of the Neuse River Buffer rules because the
stream is not shown on either the USGS topographic quadrangle map or Wake County Soil Survey.
However, Heritage Pines, LLC has agreed to retain buffers and provide diffuse flow of stormwater
(Outlets L, M and N) or offset nitrogen treatment (Outlet K) as described within Item 3 above for all
stormwater outlets discharging to this drainage.
Heritage Pines, LLC has agreed to add an additional Article / Restrictive Covenant to the Declaration
of Covenants for Heritage Pines that will ensure the preservation of all retained wetlands, streams,
ponds and buffers located within the Common Areas of the development. A copy of draft language of
this document is attached for your review and approval (see Attachment 5).
Heritage Pines, LLC has agreed to add the attached Deed Notification (seet Attachment 6) to any lots
that have not been currently sold and that contain retained wetlands or buffers. (All streams and ponds
are located within the common areas; most wetlands and buffers are located outside of lots. Lot 69 is
an example of a lot that has not been sold that contains a small amount of wetlands.)
Heritage Pines Subdivision, Cary, NC
Individual Permit - Additional Information
January 13, 2006
Page 5 of 5
5. Off-Site Alternatives:
It is difficult to evaluate current off-site alternatives for this development in that the current impacts
proposed by the new management of Heritage Pines, LLC (K. Hovnanian Homes) are associated with
the completion of the development plan as approved in 1999. Site selection occurred in and around
1998 by the previous management of Heritage Pines, LLC (Washington Homes and US Homes). In its
origination, Heritage Pines LLC was a joint venture between Washington Homes and US Homes.
Subsequent to the formation of this joint venture, each of the participants was acquired by competing
national homebuilders. Washington Homes was acquired by K. Hovnanian, while US Homes was
acquired by Lennar. Along with these acquisitions came changes in project management teams. K.
Hovnanian Homes (the current project manager) believe that they have done everything in their power
since coming to the Raleigh/Durham market to work closely with the local, state and governmental
municipalities to ensure that all ordinances are met.
Site Selection Factors
1. Location
a. Cary Address: seated in the heart of Cary, this location is ideal for residents residing in
the area
b. Proximity to commercial uses: shopping centers of all kinds are located within a very
short distance
c. Proximity to other residential areas: there were other similar residential areas near by to
this project which instilled confidence in the project
2. Utilities: all major utilities were accessible to this site
3. Land position: The site topography was in good standing in terms of not needing to design for
extraordinary cuts or fills. It was relatively flat with relatively few tributary drainages. Other
properties of equivalent size within the Cary area have similar stream densities and topographic
drainages. As such, one can assume that comparable impacts to jurisdictional waters would be
required.
CONCLUSION
It is our understanding that this additional information will provide you all of the information required for
you to continue the review of our permit application. Please contact us if you require any information
beyond what has been provided in this response. We appreciate your review and comments.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
Attachments: Attachment 1- Pipe Outlet & Flows Chart (Gillleece & Associates)
Attachment 2 - As Built Site Layout w/ Outlet Labels (Gilleece & Associates)
Attachment 3 - Water Quality Improvement Report (Gilleece & Associates)
Attachment 4 - DRAFT Restrictive Covenant
Attachment 5 - DRAFT Deed Notification
Heritage Pines Subdivision ATTACHMENT 1
Pipe Outlets and Flows
Outlet
A
B
C
D Phase
1 *
1 *
1 *
1 * Former Number
38A
37
3F
1 10 cfs
9.10
2.89
11.05
2.53 Device in Place/ Proposed Improvements
Discharge directly to pond/no buffer
Discharge directly to pond/no buffer
Discharge directly to pond/no buffer
Discharge directly to pond/no buffer Pipe Diameter
15"RCP
15" RCP
24" RCP
15" RCP
E 1 * 18A 3.06 Scour hole 15" RCP
F 1 * 16B 1.31 Scour hole 15" RCP
G
H 1 *
1 * 28
27A 58.92
15.02 Ri -ra culvert under Crystal Brook
Convert to pocket wetland 24" CMP
24" RCP
I
J 2
2B 3A
8 45.80
4.07 Rip-Rap/Mostly school run off (Weir)
Sheet flow achieved 30" RCP
15" RCP
K 2 20 45.10 -Rip-rap 24" RCP
KK 1 * 41 2.31 Included in "K" payment 15" RCP
L 3 27 8.69 Sheet flow achieved 24" RCP
M 3 31A 9.75 Sheet flow achieved 24" RCP
N 3 34A 9.01 Sheet flow achieved 24" RCP
O 3 36 1.60 Convert to levels reader 15" RCP
P 3 39 9.05 Convert to levels reader 24" RCP
Q 3 42C 12.05 24" RCP
R 4 80
_ 1.18 Scour hole 15" RCP
RR
S 4
4 XI B 1
71 340
28.68 Rip-rap culvert under road
Wet and followed by levels reader Arch Bridge
30" RCP
T 4 75 3.49 Convert to levels reader 15" RCP
U 4 78 7.12 Scour hole 18" RCP
V 4/LS 47 128.79 B ass/Small portion of Louis Stephens ------
W 5/LS 56 7.00 Not Heritage Pines 24" RCP
X LS 53A 7.11 Not Heritage Pines 18" RCP
Y 5 99A 6.65 Offset with "5" treatment of phase 4 24" RCP
* Flows for outlets in phase 1 are calculated from sketchy and incomplete data and may not be
accurate.
ATTACHMENT 3
Hugh J. Gilleece, III & Associates, P.A. 875 Walnut Street, Suite 360
Consulting Engineers Cary, North Carolina 27511
[phone]
Fax [phone]
[e-mail]
Water Quality Improvement Report
Heritage Pines Subdivision
Carpenter-Upchurch Road
Cary, North Carolina
Prepared For
K. Hovnanian Homes
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
September 13, 2005
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Heritage Pines Subdivision
Water Quality Improvement Report
Table of Contents
General
Retention Pond Calculations
Nitrogen Removal Calculations
Appendix
3
3
4
8
2
Heritage Pines Subdivision
General
This project is located in Cary, North Carolina along Carpenter-Upchurch Road. It is south of
Morrisville Road. The property drains to Crabtree Creek in the Neuse River basin. The project
area is 96.747 acres.
Discussion about retrofit measures
The Division of Water Quality has proposed that we provide stormwater treatment to Phase 5 of
the project in accordance with the "Stormwater Best Management Practices" dated April 1999.
Most of the Phase 5 infrastructure is already in place but no houses have been built at this time.
Adjacent Phase 4 has houses built or being built on all lots. In Phase 4 DWQ has requested that we
do the best we can to provide level spreaders at outlets.
Storm drain pipes draining a large portion of Phase 4 and some of Louis Stephens Drive passes
along the edge of Lot 181 which is in the edge of the Phase 5 area and has been identified as a
possible location for a wet pond. A portion of Phase 5 lies on the far side of Louis Stephens Drive
and cannot be drained back to the proposed pond.
We are proposing to treat the portion of Phase 4 stormwater that drains through Lot 181 in lieu of
treating the portion of Phase 5 that is on the other side of Louis Stephens Drive. The area of Phase
4 that we would be treating is 7.00 acres while the area of Phase .5 that we would not be treating is
6.65 acres. This would result in a slight increase in the area being treated while avoiding extreme
costs in treating the Phase 5 area on the other side of Louis Stephens Drive.
Retention Pond Calculations
Proposed Pond # 3
There is proposed to be one retention pond on this project located at the intersection of Heritage
Pines Drive and Franklin Hills Point. This is in the area that was originally shown to be Lots 181
and 182.
Drainage Area (Pond # 3)
Total drainage area = 443,673 s. f. = 10.19 ac.
Impervious area = 177,021 s. f.
Factors below are calculated on the Pond Worksheet in the Appendix. Please ignore those items
which do not apply to this project such as bio-retention areas.
Use T, = 5.0 min. i I = 7.22
Qio=44.45 cfs
First V Volume = 7859 ft.3
The surface area requirement is based on Table l.1 of the State $MP Manual.
Impervious area - 39.9%
For 3' deep pond SA/DA ratio = 1.73%
Surface area required >_ 7658 ft.'`
Trial area at Elevation 344 = 7876 ft.2 > 7658 ft.' O. K.
Storage Volumes by Depth (Pond # 3)
See Retention Pond Volume sheet for Pond # 1 in the appendix.
Primary Outlet (Pond # 3)
Required volume below primary outlet = 7859 c. f.
AEl. = (7859/8467.5) = 0.93'
Set primary outlet at El. 344.93
Treatment Storage Outlet (Pond # 3)
Must retain first 1 inch of runoff from impervious areas for 2 - 5 days.
Treatment storage volume = 7859 ft .3
Q = 7859/172,800 sec. per 2 days = 0.04548 cfs
AEl. = 0.93'
Assume flow at''/2 depth = average flow h = 0.465' from outlet invert
Orifice formula Q = CA(2gh)0-5 C = 0.6
0.04548 = 0.6A[2(32.16)(0.465)]o.5
A=0.013860 ft.2
r = 0.06642' = 0.80"
D = 1.59"
Use 1.5" pipe A = 7r(1.50/24)2 = 0.012272 ft.2
Q = 0.6(0.012272)[2(32.16)(0.465)]°-' = 0.040268 cfs
t = 7859/0.040268 = 195,167 sec. = 54.2 hrs. = 2.3 days > 2 & < 5 0. K.
Nitrogen Removal Calculations
The nitrogen removal calculations will be calculated by outlet. This will be done for those outlets
where level spreaders or scour pools are not used.
4
The two primary factors governing nitrogen production are the area of runoff and the type of
surface. The factors used in this analysis are as follows:
Permanently protected undisturbed open space 0.60 lbs./ac./yr.
Permanently protected managed open space 1.20 Ibs/ac./yr.
Impervious area 21.20 lbs./ac./yr.
Outlet "I"
Most of the drainage to this outlet is from the Green Hope High School property. this was diverted
during the school construction from flowing to the stream at the back of the school property to a
location that drained across the Heritage Pines property causing major flooding issues. This was
diverted again a few years back by a pipe on the school property to the pipe system that has its
outlet at 'T" The remaining portion of the flow in this system is generated on the Heritage Pines
Subdivision. We will analyze these two areas separately for nitrogen calculations, then sum them
together.
This area will be split for analysis as shown below:
Total Area Impervious Area
From school property 625,957 200,306
From Heritage Pines 114,483 39,108
Total to Outlet "I" 740,440 239,414
From school property
Total area = 625,957 s. f. = 14.37 ac.
Impervious = 200,306 s. f. = 4.60 ac.
Undisturbed open space = 0
Maintained open space = 625,957 - 200,306 - 0 = 425,651 s. f = 9.77 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (lbs./yr.)
Undisturbed Open Space 0.00 0.60 0.00
Maintained Open Space 9.77 1.20 11.72
Impervious 4.60 21.20 97.52
Total
14.37
109.24
Buydown = 109.24 - 3.6(14.3 7) = 57.51 Ibs./yr.
5
From Heritage Pines
Total area = 114,483 s. f. = 2.63 ac.
Impervious = 39,108 s. f = 090 ac.
Undisturbed open space = 0
Maintained open space = 114,483 - 39,108 - 0 = 75,375 s. f = 1.73 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (lbs./ac./yr.) (Ibs./yr.)
Undisturbed Open Space 0.00 0.60 0.00
Maintained Open Space 1.73 1.20 2.08
Impervious 0.90 21.20 19.08
Total 2.63 21.16
Buydown = 21.16 - 3.6(2.63) = 11.69 lbs./yr.
Total nitrogen export for Outlet ",I" _ 109.24 + 21.16 = 130.40 lbs./yr.
Outlet "K"
This outlet drains a large area of townhomes. Most of these are in Phase 2 but a portion are in
Phase 1. A small portion of the flow from this outlet comes from an off-site drainage area.
Total area = 556,697 s. f. = 12.78 ac.
Impervious = 225,428 s. f. = 5.18 ac.
Undisturbed open space = 42,160 s. f. = 0.97 ac.
Maintained open space = 556,697 - 225,428 - 42,160 = 289,109 s. f. = 6.63 ac.
TN Export
Area Coefficient TN Export
Type Area (acres) (Ibs./ac./yr.) (Ibs./yr.)
Undisturbed Open Space 0.97 0.60 0.58
Maintained Open Space 6.63 1.20 7.96
Impervious 5.18 21.20 109.82
Total 12.78 118.36
Buydown = 118.36 - 3.6(12.78) = 72.35 lbs./yr.
6
Total Buydown
Total buydown for "I" and "K" = 11.69 + 72.35 = 84.04 lbs/yT.
Buydown cost = 84.04 x $330 = $27,733.20
FAProject Files\G&A\NC\1700\Herita,e Pines\Overall Wetlands\Documents\Reports\DWQRpt doc
7
Pond Worksheet
Project: Heritage Pines Subdivision Basin: Pond # 3 Date: 8/30/05
F:\Project Files\G & AWC\1700\Heritage Pines\Overall Wetlands\Documents\Reports\PondWork1 As
To Basin To Off-site
Total Area = 443673 s. f. = 10.19 acres Impervious = 177021
Pervious = 266652
Factors used on this worksheet:
Rational C = 0.599 0.599
Rational C SCS CN
Pervious
Impervious 0.4
0.9 79
98
The following formulas from the SCS method are used:
S = 1000/CN - 10 Tp = Vol./1.39Qp
Q- = (P - 0.2S)^2/(P + 0.8S)
Storm I
(iph) Qp
cfs P
in.) Q.
(in.) TP
(min.)
1 inch 1.00 0.2126
1 year 4.61 28.38 3.00 1.7067 26.7
2 year 5.76 35.46 3.60 2.2364 28.0
5 year 6.58 40.51 4.65 3.1980 35.0
10 year 7.22 44.45 5.38 3.8830 38.7
25 year 8.19 50.42 6.41 4.8641 42.8
50 year 8.96 55.16 7.21 5.6344 45.3
100 year 9.72 59.84 8.00 6.4001 47.4
Storage for 1" rainfall =
-7859 c. f.
SCS CN = 86.6 86.6
SCS S = 1.5499 1.5499
Surface Area Required
Wet Retention Pond Depth = 3 ft.
Impervious = 39.9 % SA/DA Ratio =
Surface Area Required = 7658 s. f.
Bio-Retention Area (7% x C Factor x area)
Surface Area Required = 18619 s. f.
Sand Filter (Required volume and area)
Chamber Volume = 5500 c. f. (540 c. f./ac.)
Chamber Surface Area = 3667 s. f. 1(360 s. f./ac.)
1.73 %
`Impervious area direct to off-site added to this basin impervious and to total drainage area to calculate 1"
rainfall storage and surface area required.
Pond Worksheet
Heritage Pines Subdivision Pond # 3
FAProject Files\G & A\NC\1700\Heritage Pines\Overall Wetlands\Documents\Reports\PondWorkl.xis
Table 1.1 from State BMP manual
Page 1A
8/30/05
% Imp. Permanent Pool De th ft.)
Cover 3.0 4.0 5.0 6.0 7.0 8.0 9.0
10 0.59 0.49 0.43 0.35 0.31 0.29 0.26
20 0.97 0.79 0.70 0.59 0.51 0.46 0.44
30 1.34 1.08 0.97 0.83 0.70 0.64 0.62
40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 2.06 1.73 1.50 1.30 1.09 1.00 0.92
60 2.40 2.03 1.71 1.51 1.29 1.18 1.10
70 2.88 2.40 2.07 1.79 1.54 1.35 1.26
80 3.36 2.78 2.38 2.10 1.86 1.60 1.42
90 3.74 3.10 2.66 2.34 2.11 1.83 1.67
0-20 1.73 1.39 1.24 1.07 0.91 0.80 0.80
20 - 30 1.71 1.37 1.24 1.07 0.89 0.82 0.80
30 - 40 1.73 1.43 1.25 1.05 0.90 0.82 0.77
40 - 50 1.73 1.43 1.25 1.05 0.90 0.82 0.77
50 - 60 1.73 1.43 1.25 1.05 0.90 0.82 0.77
60 - 70 1.73 1.43 1.25 1.05 0.90 0.82 0.77
70 - 80 1.73 1.43 1.25 1.05 0.90 0.82 0.77
80+ 1.73 1.43 1.25 1.05 0.90 0.82 0.77
1.73 0.00 0.00 0.00 0.00 0.00 0.00
1.73
ATTACHMENT 4
DRAFT language proposed to be included as a restrictive covenant for Heritage
Pines, Cary, NC (November 2005):
ARTICLE - -
WETLAND, STREAM & BUFFER PROTECTION
"The areas located within the common areas of Heritage Pines and shown on the
recorded plat (identify the plat by title, date, and recording data) as conservation
areas shall be maintained in perpetuity in their natural or mitigated condition.
The conservation areas include jurisdictional waters (including wetlands, streams
and ponds) and protected riparian buffers. No person or entity shall perform any
of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utilitypoles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
200520456, and therefore may be enforced by the United States ofAmerica. This
covenant is to run with the land, and shall be binding on the Owner, and all
parties claiming under it. "
ATTACHMENT 5
DRAFT language proposed to be included as a deed notification for lots containing
retained wetlands or buffers within Heritage Pines, Cary, NC (November 2005):
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them."
It I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
C" S - C) 13'( 0
Issue Date: May 11, 2005
Comment Deadline: June 10, 2005
Corps Action ID #: 200520456
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.anny.mil/wetlands
Applicant:
AGENT (if applicable):
Authority
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
k ?c?Ron11 p
MAY 1 2 2005
Soil & Environmental Consultants, Inc. DENR-WATER QUAUTY
Attn: Mr. Bob Zarzecki WEUMMOST MTERBWO
11010 Raven Ridge Road
Raleigh, North Carolina 27614
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to the applicable procedures of Section 404 of
the Clean Water Act.
Location
The project, Heritage Pines Residential Subdivision, is approximately 100 acres in size
and is located to the east of Carpenter Upchurch Road (SR 1617), approximately 0.75
mile south of Morrisville-Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. Coordinates (in decimal degrees) for the site are 35.8092 ° North, 78.`8668-°-
West. The site contains several unnamed tributaries of Crabtree Creek, and adjacent
wetlands, in the Neuse River Basin (8-Digit Cataloging Unit 03020201).
Existing Site Conditions
The project site, which is located in a suburban area west of Raleigh, has been under
development for several years. Currently, all portions of the property have either been
developed as single-family residential units, or they are under development. Phases 1
T
through 3 have already been constructed, phase 4 is nearing completion, and phase 5 is
partially complete. The site contains several tributaries to Crabtree Creek, along with
adjacent wetlands and hvo amenity ponds that were formerly farm ponds. Prior to
development, the site was abandoned agricultural fields and forestland.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide an active adult country
club residential community, marketed to adults 55 years of age and older. The
community provides a clubhouse, swimming pool, tennis courts, and paved walking trails
and sidewalks. Additional housing for the growing Cary area. The development contains
single-family residences with lots ranging from 0.15 to 0.2 acres.
Project Description
The permit request for this project is an after-the-fact application. The majority of
impacts associated with this permit application have already been completed. This public
notice does not imply, on the part of the Corps of Engineers or other agencies, either a
favorable or unfavorable opinion of the work performed. This notice is issued to solicit
comments regarding the factors on which a final decision will be based. The applicant
has agreed to place the project on hold, pending the resolution of the permit application.
Further enforcement action, including possible legal action, has been suspended pending
the outcome of this consideration.
The project is a residential development that will include construction of single-family
units, a clubhouse, swimming pool, tennis courts, and walking trails. In all, there are 5
phases of the subdivision. Continued development of the site will require extensive
clearing, grading, excavation, and fill necessary for the construction of homes, lots, roads,
stormwater facilities, and infrastructure. Heavy equipment, including graders, pan
scrapers, excavators, bull dozers, etc. will be used for the construction of the project.
Proposed impacts to stream channels resulting from the placement of fill material,
culverts, and/or riprap totals 337 linear feet (0.072 acre) of perennial stream channel,
including 40 linear feet of temporary impact. Proposed impacts to wetlands resulting
from the placement of fill material for roads, building pads, pond dams, and utility lines
totals 2.407 acres of wetland, including 0.192 acre of temporary impact. Proposed
impacts to open waters resulting from modification of the existing farms ponds totals
1.858 acres. The total impact to all waters of the U.S. is 4.337 acres. Plans included
with this notice that show the overall proposed site layout as well as the details for
impacted waters.
The applicant proposes mitigation for impacts to stream channels and wetlands associated
with the project at a 1:1 ratio by providing payment into the North Carolina Ecosystem
Enhancement Program for the restoration of 297 linear feet of stream channel, 1.705 acre
of riparian wetlands, and 0.702 acre of non-riparian wetlands. No mitigation for impacts
to open waters has been proposed.
2

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
June 3, 2005.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of
this proposed activity. Any comments received will be considered by the Corps to
determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest
factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, June 10, 2005. Comments
should be submitted to Todd Tugwell, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
4
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Cary, NC
USGS Quad
Heritage South SID, Cary
Wake County, NC
X Please note that this pond along the western property
line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
was an open field.
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
USGS TOPOGRAPHIC bIAP
AM # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 2 of 17
Cary, NC 27511
SEE SHEETS 1-6A FOR WETLAND IMPACTS
SEE SHEETS 7-13 FOR BUFFER IMPACTS
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PLAN VIEW
ID # 200520456 Wake County, North Carolina
Hugh J. ?.?11?@@GEr B?IC? AS eritage Pines, LLC May 11, 2005
1375 wakvA etre.t Butte 300 Cary, NO Phcr+w (v?c)aeo-rat 500 Regency Parkway Sheet 3 of 17
Cary, NC 27511
Aid WETLAND IMPACTS
r 1 Wii- 4,012.41 sf
! W13- 1.397.60 sf
r W17- 12.748.47 sf
11
+ L o o TOTAL THIS SHEET: 18,158.48 sf
M M
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CHANNEL IMPACTS
{ ! C6- 314.82 sf
! C7- 831.45 sf
! TOTAL THIS SHEET: 1.145.27 sf
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IMPACT DETAIL
"uoh .J_ G1?1c@Ct° and Aaa '200520456 Wake County, North Carolina
Heritage Pines, L LC May y 11 11,, 20 2005
875 Waywt 8trest Butte 360 Cary, NC Phone (9m)4tso- tw1 F 500 Regency Parkway Sheet 4 of 17
Cary, NC 27511

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319
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317
305
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30? 3? 3
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OPEN WATER AREA IMPACT
OLD AREA- 35,720.66 5f
NEW AREA- 23,089.01 sf
DIFFERANCE- 12.631.65 sf
3A b
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Huph.J. Gilleece and Ase Heritage Pines, LLC May 11, 2005
0745 wakxA street state 350 Cary, NO Phorw (")4ao-rat 500 Regency Parkway Sheet 5 of 17
Cary, NC 27511

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311,
WETLAIND IMPACTS
W14- i2.E91.05 sf
tt15- E57.53 st
W16- 1. E95.51 s t
To-, THIS S.ZET: 15.264.C3 sf
C=E?1 iiAIER :.rwA 1i+.2ACT
V-0 A- 125. 5_3.02 st
"i A;-"A- E5. 113. C s t
17IFi EF:, Z z- El. 679.9-. Sf
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IMPACT DETAEL
-r JD # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Hugh J. ?1?iSE?G? and Asp 500 Regency Parkway Sheet 6of17
975 wak-AA str"t smote *60 Cary, NC Phon {aw}4450-trot I Cary, NC 27511
' L
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CHANNEL IMPACTS
C1-5911.95 Sf
C2-1,480,51 sf
C3-129.22 Sf (41.6911)
TOTAL THIS SHEET: 2.207.65 sf

i
WETLAND IMPACTS
W1-1,124,04 $1
W2- 2,714,71 Sf
W2A- W816 sf
W3.669.76 sf
W4.447.84 s1
TOTAL THIS SHEET: 6.025,21 sf
IMPACT DETAEL
mm .............. ......... ? ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
! -{ h j I (: C-; " e C--1 e .7 --I,. S 500 Regency Parkway Sheet 7 of 17
v _ ;;a sf'W ?,,. 36a co , :-o { 113}4u'r-I>ea FCary, NC 27511
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4 51;:, 21.56 sf
IMzA- 1,E24 25 sf
V.66- 3.5IzsI6 sf
W? 2419 FS sl
TOTAL- TtiS SFZET- 10.9-73.65 St
IMPACT DETAIL
SID # 200520456 Wake County, North Carolina
-- - r„ Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet S of 17
Cary, INC 27511
i
i

CHANNEL IMPACTS
N7- 20,274.16 sf TOTAL LF OF
k7A- 1,261.65 s f
W78- 923.51 sf CL CHA,,%EL- 254.96 If
HS- 569.42 sf
N9- 16, 449.79 s f
ti9A- 1,392.72 s f
H98- 1,686.01 $f
TOTAL TNTS SHEET: 42.557.47 sf
CHAU14EL IMPACTS
C4- 2.642.32 st
C5- 92.67 sf
TOTAL THIS SHEET. 2.735.19 sf
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IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
"Uoh Heritage Pines, LLC May 11, 2005
875 W&k Wafrwt s t3._J_ C?at?? E; t? Gam` r,r'tCy .q : 500 Regency Parkway Sheet 9 of 17
975 tr?rt €A3ts Sao Cary. WG Pho "Ons E3 tw0>4aO- " Cary, NC 27511
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WILY 6,33x6 sf
WtB. 4 EL&Si Sf
IMPACT DETAIL
AID # 200520156 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 10 of 17
Cary, NC 27511
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IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
HuG,gh J. i1I?E?CG atnd ,A.. Heritage Pines, LLC May 11, 2005
675 Waiwt etro vt "0 000 Cary:, NO Phor)w (0400--'not p 500 Regency Parkway Sheet 11 of 17
Cary, NC 27511
*1 BUFFER ZONE 2 AREA IMPACT
i V \ «-13- 824E3 .
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Z24 21 s'
TOTAL THIS SHEET: l,G; 86 a__
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IMPACT DETAIL
AID n 20052056 Wake County, North Carolina
-1 i - - ,-i
r eritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 12 of 17
-? Cary, NC 27511
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'BUFFER ZONE 2 AREA TMPACT
Z2-1- 6.663.77 sf
Z2-2= 163.13 sf
TOTAL THIS SFEET: 6.831.90 sf

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BUFFER ZONE 1 AREA IkPACT
Zt-1y 6.135.97 sf
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IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Hug 500 h aJ_ ?il??E??CC? and E31 3500 Regency gencyParkm Parkway May Sheet 11, 13 2 of 17
8745 wo?wt 8tre.t "a 3W Cory, NO Phcww" (9V)4en-= Cary, NC 27511

----------------

r

N\Y' S
z \?\fflm
E: rFcR ..,? 2,&A= MPACT EUFFSR ZU: E 1.<,REA IMPACT
ZZ- .:.5 s,` Z1-3= 15,a----0.92 st
Z7 4Az 1.31213 s' Z i-3A= 12.61.10 st
22-r E3.73 St
Z2-3= 3+51 42 st TOTAL T}t!S SHEE 116,Ea2S2 St
Z2-5= 43-15.* st
ZZ-G = 7B4-&3 st
z2 -^%= iS1Jn15!
TQTA-1 hS 12,=33.13 sf

m

IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
G ry Heritage Pines, LLC
l-" ---I May 11, 2005
J. t?
c r ' ..., =. 500 Regency Parkway
Sheet 14 of 17
Carv NC 27511

D
r

BUFFER ZOFIE 2 AREA IMPACT
Z2-6- 435.35 sf
Z2-7- 405.31 sf
TOTAL DDS SHEET: 840.66 s(
.,.,t..

BUFFER ZONE I AREA IWACT
Zi-2- 1,914.97 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
H uc;h a J. C?jIl14--k--c--t Ex " 1Cl QS 500 Regency Parkway Sheet 15 of 17
875 Wstwt f#reat t3utte oco cwry, No Ph-v p L910>40Q-"M Cary, NC 27511
.. ..--.. .70 SAN. SEWER ESItT.
-•...? ..,4 -
"u!gh J. Gilieece and AsE
873 Wak%A S'saot "a 360 Cary. NO Photw (OV)400-=

BUFFER ZONE 2 AREA IMPACT
Z2-10= 3.60 sf
Z2-11- 22.46 sf
Z2-l2- 3.749.65 Sf
TOTAL THIS SHEET: 3.775.93 sf

BLF ER ZONE 2 AREA IMPACT
Z2-12A- 447.38 sf
Z2-12B- 409.57 sf
TOTAL THIS SLEET: 856.95 sf
"E.ti h J. Giilc?+e?c+? and Ass
675 W&V*A Street BLA& 300 Cary, NO Ftxmw (M)400-"M ':
BUFFER ZONE 1 AREA IMPACT
Z1-4- 1. 790.67 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 17 of 17 `
Cary, NC 27511
--rZ°-24-2002 12:05 FROM:DWQ-WETLANDS 9197336893
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James S. Hunt. Jr., Governor
Wayne McDevitt, Secretary
Kerr T Stevens, Director
T0:98469467 P:2?5
• ??/
T
A
NCDENR
NORTH CAROLINA DEPARTMeNT OF
ENV1t;ONMENT AND NArUFtAL RESOURCZ5
August 8. 1999
Wake County
DWQ Project # 990016
Approval of 401 Watcr Quality Certiflcation
Mike Methany --
heritage Pines
3500 Regency Parkway
Cary. NC 27511
Dear Mr. Methany:
You have our approval, in accordance with the attached conditions, to place fill material in 0.477 acres of
water for the purpose of constructing a retirement community at Heritage putts at SR 1617 clear Carpenter, NC,
as you described in your application dated Doeember 20, 1998 with the final site plait dates/ June 23, 1999. After
reviewing your application. we have decided that this fill is covered by General Water Quality Certification
numbers 3101.3103 and 31os. This Certificate allows you to use Nationwide Permit Numbers 12.14 and 26
When the Corps of Engineers issues them. This approval is also valid for the Neuse River Suffer Rules (15A
NCAC 2S .033)., In addition, you should net any other federal, state or local permit before you go ahead with
your project including (but not limited to) Sediment and Erosion, Coastal Stormwater. Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires
unless otherwise specified in the General Certification.
'I'bis appro.Val is only valid for the purpose and design that you described in your appliead.on. If you
change your project, you must notify us and send us a new application. If the property its sold, the rtew owner
must be given a copy (A this Certification and approval letter and is thereby responsible for complying wit all
conditions. If total wetland fills fnr this rmiem (now or in the furtive) etvr*ei one acre, eompensatcuy rmitigaticm
may be required as described in 15A NCAC 2H .05"). For this approval to be valid, you trust follow the
conditions listed in the attached. Certification. This approval shall expire when the corresponding Nationwi: e
Permit expires or as otherwise provided in the Gencral Certification.
1. DLed nutificationa Or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
arcass within 50 Feet of all streams and ponds to notify the state in order to assum compliance for future wetland and/or
water imp$ct. These thmhunisms shall he put in place within 30 days of the date of this later or the istwa=1 of the 404
Pcrmit (whichevcr comes first).
2. An additional condition is that stnrmwatet shall be dircctcd to shcetflow at noncrosivc velocities through the protr?ted
tiITCZM buffers.
3. Wctlami.0 shown on the tune 23.1999 map prepared by Gillecce and Asswiatts and shown as area 11, area 7 and area 8
shall rut tie impacted.
4. ire 0.22 wetland area shown on the August 2, 1999 rnap from Gillc= and Associates between lots 8 and 10 shaA be
ev.-ftmd cn- created by adjacent grading. rtmoval or unpermitted fill and bail: rifling of topsoil to the original elevation
Division of Water Quality • Environmental Sciences Branch
Enviro• Sciences Branch, 4401• Reecty Creek Rd, Raleigh. NC 27607 Telephone [phone] FAX 8 733.99x9
An EQual Opportunity Affirmative Action Employer • SO% recycied/10 :6 post consumer paper

aF-P-24-2002 12:06 FROM;DWGI-WETLfHDS 9197336893 T0:9B469467 P:3/5
and planting of native tree sl ccics by January 1, 20()03, described in the Augtrst 11. 1999 letter ftm Site Scapes Design
Croup. InC, DWQ shall be copied on an as-built plan for this site by January 15, 2400_
S. The Alston Avenue impact is na permitted at this time. A separate application will he required wl" construction of this
nutd is unmincnt_
If you do not accept any of the conditions of this Certification, you may ask for an adjudientory 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 Statues to 'the Office of Administrative Hearings.
PO Box 27447. Raleigh, NC 27611.7447. This Certification and its conditions are fitual and binding unless you
ask for 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 John Dorney at 919-733-9646.
Sincerely,
Kerr T. Stevens
Cc: Wilmington Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domev
Central Files
Raleigh Division of Land Resources
Jay Gilleece, Gilleece and Assoc.
Steve Prusik, Site Scapcs Deign Concepts, Inc.
4940I6.hr
O? WAlF9 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
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
On May 12, 2005, the Division of Water Quality (DWQ) received your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of streams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWO\has determined that your application was
incomplete and/or clarification is necessary to properly review`ypur application as discussed below. The
DWQ will require additional information in order to process your,application to impact protected.
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
NOne Caro na
4010versight/Express Review Permits Unit tFura,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original NW
Permit Type Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
??& `44
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
?F W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
?.
On May 12, 2005, the Division of Water Quality (DWQ) rece ved your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of sir6ams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWIP\has determined that your application was
incomplete and/or clarification is necessary to properly review Your application as discussed below. The
DWQ will require additional information in order to process yout:application to impact protected.
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
4010versight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina- 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
None Carol na
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
n
?P
HERITAGE PINES SUBDIVISION
June 14, 2005 Meeting
2 pm to 4 pm
AGENDA
Attendees:
Bob Zarzecki
Mark Miller
Todd Tugwell
Deborah Edwards
Eric Kulz
Danny Smith
S&EC,PA
K. Hovnanian Homes / Heritage Pines, LLC
USACE - Raleigh Regulatory Field Office
DWQ - 401 Oversight & Express Permits Unit
DWQ - Raleigh Regional Office
DWQ - Assistance & Compliance Oversight
Item One:
Item Two:
Item Three:
404 Permit - Todd Tugwell
Public Notice & Pubic Comments
Off-Site Alternatives
Other 404 Permit Issues
401 Certification - Debbie Edwards & Eric Kulz
401 Certification Issues
DWQ Violation - Danny Smith
Upfront Settlement Agreement
06/10/05 Email Items (see attached)
Closing Comments & Discussion
Bob Zarzecki
From: Danny Smith [[e-mail]]
Sent: Friday, June 10, 2005 4:38 PM
To: [e-mail]
Cc: Eric Kulz; debbie Edwards; niki Flint
Subject: (no subject)
Bob
You asked me to email you some of the topics that we will want to
discuss during the meeting regarding Heritage Pines on Junel4th. Please
see the below listed items.
1) 401 Certification
2) Discuss the possibility of developing an upfront settlement
agreement.
3) If we can agree to try to development an agreement, the
following items will minimally need to be addressed in the agreement:
a) Upfront penalty and costs
b) Stormwater Management (retrofit or off site solutions)
c) Restoration (restore impacted wetlands, stream, buffers)
d) Develop solutions to unauthorized impacts and violations of the
1999 401 Cert. (wetlands, streams, buffers, diffuse flow etc)
e) Mitigation
f) Preservation/conservation easements (on site vs off site)
g) Monitoring (restoration monitoring)
h) Implementation Schedule (dates and time lines)
i) Stipulated penalties for missed dates.
1
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original NW
Permit Type Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested Within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files

ultants,
May 2, 2005
S&EC Project # 2939.W2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office . 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoy
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27615 Raleigh, NC 276042260
From: Bob Zarzecki
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Heritage Pines, Cary, NC - "After-the-Fact" Individual Permit Application ,! t q
On behalf of the owner, Heritage Pines, LLC, please find attached a complete appliQlan-ands v5
supplemental information requesting an Individual Permit from the U.S. Army Corps °tit F?ngineers ?) LT
(USACE) and an Individual Certification from the N.C. Division of Water Quality (DWQ): Please! ?
contact me at [phone] if you have any questions or require additional information.
Project Name Heritage Pines tit
Project Type Adult Residential Subdivision
Owner / Applicant Herita Pines, LLC
County Wake
Nearest Town Ca
Waterbod Name UT to Crabtree Creek
Basin / Sub-basin 03-0402
Index Number 27-33-(1)
Class C, NSW
,..f1 w el I MIL t A Ov
Stream Impact (acres): 0.072
Wetland Impact (acres): 2.407
Open Water Impact (acres): 1.858
Total Impact to Waters of the U.S. (acres) 4.328
Total Stream Impact (linear feet): 337
Attachmerrts:
Individual Permit Application Form & Block Sheets
Agent Authorization
Cary, NC - USGS Map
Wake County Soil Survey Map
Site Photos
Impact Map Sheets
prior project History (incl K§rg wetland delineation, wetland data forms, etc.. past approvals, etc.)
Neese Buffer Impacts
Mitigation Plan
Public Interest issues
$475 Application Fee to DWQ
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
050736
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The Public burden for this collection of infomration is *estimated to average 10 fours per response, although the majority of applications should require
5 fours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
Information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports. 1215 Jefferson Davis Highway, Suits 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (07104)0031, Washington. DC 20503. Respondents should be aware that rotwiths and ng any other provision of law,
no person shag be subject to any penalty for failing to comply with a collection of inforrstion if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorltles Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marius Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used In evaluating the application for a
permit. Routine Uses; This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submvfsalon of requested information Is vohxtry. however, if Information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application bea sample drawings and inetnwtional and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed In full will be returned.
(TOWS TH 4 TO FILLED BY THE CORPSI
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
OW T FILLED fiYAPPLACANT)
5. APPLICANT'S NAME
Heritage Pines, LLC S. AUTHORIZED AGENT'S NAME AND TITLE rwjwwwis wtrom*ew
Soil & Environmental Consultants, PA
6. APPLICANT'S ADDRESS
Attn: Mark Miller, Project Manager
3500 Regency Parkway, Cary, NC 27511 9. AGENT'S ADDRESS
Attn: Bob Zarzecki, Environmental Specialist
11010 Raven Ridge Road, Raleigh, NC 27587
7. APPLICANT'S ONE NOS. W/AREA COD 10. AGENT'S PHONE NOS. W AR A COD
a. Residence n/a
b. Business (919) -462-0070 a. Residence n/a
b. Business [phone]
11. STATEMENT OF AUTHORIZATION
I hereby authorise, * See Attached Authorization to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE rseriraumw*!
Heritage Pines Residential Subdivision
13. NAME OF WATERBODY. IF KNOWN rdeenrrwAfN 114. PROJECT STREET ADDRESS rveporcrb/N
UT to Crabtree Creek, Neuse River Basin
15. LOCATION OF PROJECT
Wake NC
2000 Heritage Pines Drive
Cary, NC 27519-7132
COUNTY STATE I
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, raa kuvucth xiw
35.8092787 N, 78.8668772 W
17. DIRECTIONS TO THE SITE
Heritage Pines S/D is located on the east side of Carpenter-Upchurch Road (SR 1617) 0.8 miles
south of Carpenter, NC. From Raleigh take I-40 West to Exit 285; turn left onto Aviation
Parkway; Aviation Parkway becomes Morrisville-Carpenter Road; continue to Carpenter, NC; Turn
left onto Carpenter-Upchurch Road; Turn left onto Heritage Pines Drive to enter the site.
ENO R EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity toaargn*.4estte.+wes?
See "Block 18" attached.
19. Rojo" Purpose rDesrriew men eon or pease ofw pojerl, s *w&mtvm)
See "Block 19" attached.
USE BLOCKS 20.22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s)for Discharge
See "Block 20" attached.
21. Type(s) of Material Being Discharoed and the Amount of Each Tvoe in Cubic Yards
See "Block 21" attached.
22. Surface Area in Acres of Wetlands or Other Waters Filled rseorkw ctiom)
See "Block 22" attached.
23. Is Any Portion of the Work Already Complete? Yes 0 No IF YES. DESCRIBE THE COMPLETED WORK
Phases 1, 2 and 3 are complete. Phase 4 is near completion. Phase 5 is partially completed.
The majority of the impacts have already occurred. See "Block 23" attached for additional
information.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See "Block 24" attached.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agendas for Work Described in This Application.
AaFNCv TVPF APPROVAL- IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
I See
"Block 25"
' Attached.
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
appication is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant
• 0
I SIGNATURE OF APPLICANT DATE 41GU rtE OF AGENT TE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly,
authorized agent if the statement in block 11 has been filed out and signed.
' 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any fake, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than 4110,000 or imprisoned not more than five years or both.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 18 - Nature of Activity
The project involves the development of the Heritage Pines residential subdivision
located on Carpenter-Upchurch Road in Cary, NC. As described further in Block 23,
Phases 1 through 3 of the community have already been constructed, Phase 4 is near
completion and Phase 5 is partially completed. Approval has been received for Phase 1
from the U.S. Army Corps of Engineers (USACE; Action ID 199920303 / 199920557 /
199920558). The N.C. Division of Water Quality (DWQ) has approved impacts for the
entire development (DWQ Project No. 99-0016). However, the approval from the
USACE has not been given for Phase 2 through 5. The applicant is requesting approval
for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases. Please see Block 23 for additional
information.
The activities within Waters of the U.S. that have already occurred and/or otherwise
requested within this application include the discharge of fill into wetlands, streams and
other waters for the development of roads, utilities, recreational amenities (including the
clubhouse, tennis courts, ponds, etc.) and residential lots. The only activities that have
not yet occurred are the filling of wetlands for the development of Lots 70 and 71 (see
Sheet 6A of the attached Impact Maps). These activities and the dimension of the
structures are illustrated in the attached Impact Maps.
The materials used included earthen fill to construct the base for the roads and residential
lots. The roads have been constructed to local and N.C. Department of Transportation
(DOT) standards. The roads have been paved and use curb and gutter to manage
stormwater runoff. Paving materials include asphalt and concrete. Curb and gutter
materials include concrete, metal drop inlets, reinforced concrete pipe and corrugated
metal pipe. The stream and wetland crossing for Heritage Pines Drive was constructed
using twin pre-cast concrete arch culverts (see Site Photos). The wetland crossing for
Crystal Brook Lane used a single corrugated metal pipe (see Site Photos). The residential
lots include both stick built single-family dwellings and townhome structures on concrete
slabs with concrete driveways and walks.
The materials used for the clubhouse and pool include a stick built clubhouse with an
asphalt, curb and gutter parking lot and in ground concrete swimming pool. Other
materials used in the tennis courts and walking trails include asphalt and treated timber
retaining walls. Some slopes along the pond and adjacent to these structures have been
stabilized with rock (rip-rap). See Site Photos for photographs of the clubhouse and
tennis court adjacent to the main pond.
Stormwater conveyances are constructed of reinforced concrete pipe, corrugated metal
pipe and metal drop inlets. The typical stormwater outlet structure includes a concrete
flared end, rock dissipater and possible sediment basin (see Site Photos for examples).
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 19 - Project Purpose
Project Purpose:
As stated on their website (see http://www.heritagepinesnc.com/ ), Heritage Pines is a
unique active adult country club community marketed to adults 55 years of age or older.
Independent residential communities, such as Heritage Pines, are for seniors desiring a
leisurely, hassle-free lifestyle. This community provides a clubhouse, swimming pool,
tennis courts and paved walking trails and sidewalks. Residences range from
approximately 1,500 sf to 2,900 sf and use low maintenance materials. The yards are
also low maintenance in that they are a manageable size (single-family lot sizes range
between approximately 0.15 and 0.2 acres) and landscaping services are available. This
all provides for a close-knit community were the residents are able to easily walk to their
neighbors and enjoy a safe, healthy and active lifestyle. The project purpose is to
complete the development of such a community at the site.
Project Need:
Active adult living communities, such as Heritage Pines, are in great demand by seniors
within Cary, Wake County and North Carolina. Resources for Seniors, Inc. (see
http://www.resourcesforseniors.com/retcom.pdf ) lists only two active adult living
communities within their retirement community list (updated April 2004) for Wake
County. They include Troon at Kildaire and Heritage Pines. The U.S. Administration
on Aging report A Profile of Older Americans: 2002 (see
http://assets.aa!p.org/rgcenter/general/Trofile 2002.pdf ) states; that by 2030 the older
population (persons 65 years or older) will more than double to more than 70 million
people nation wide; North Carolina ranked within the top 20 states for percent increase
in population 65+ from 1990 to 2000. Heritage Pines provides the type of community
needed by this increasing older population.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 20 - Reasons for Discharge
An interconnected street, sidewalk and walking path community design is essential in
creating an active adult living community such as Heritage Pines. The need to cross over
streams and buffers with roads is many times inevitable in developing such a design.
However, Heritage Pines was designed to limit the number of stream and buffer crossings
with roads to only two crossings. The main crossing (Heritage Pines Drive) was required
to connect the western portion of the community (Phase 1, 2 & 3) to the eastern portion
of the community (Phases 4 & 5). The stream bisects the property from North to South
and as such there is no alternative than to cross it to connect the western and eastern
portions of the property. Heritage Pines Drive also acts as a connection between
Carpenter-Upchurch Road and Louis Stephens Drive. This allows for at least two points
of access to the site from two separate road systems. This is essential for alleviating
traffic congestion on a single road and provides for multiple points of ingress or egress in
case of an emergency. This is especially important in a senior community such as
Heritage Pines.
The other road crossing (Crystal Brook Lane) of a stream occurred below the main pond.
Without this crossing Knotts Valley Lane would have only had a single connect to
Heritage Pines Drive (above the main pond). This crossing provides a second point of
ingress or egress for the residents of Knotts Valley Lane. The design of this crossing was
such that it attempted to minimize impacts to wetlands by crossing a section of the
drainage that was primarily stream channel rather than stream channel and wetlands.
The other road crossings of wetlands and waters located within the development were
required to provided access to the entire property and an interconnected street and
sidewalk system within the community as described above.
The discharges to open waters associated with the two ponds located within the
development were required to provide buildable areas for the clubhouse, tennis courts,
walking paths, and residential homes. Discharges were also required for modifications
made to the dam and outlet structures.
Discharges to wetlands and channels to construct buildable areas for residential lots
occurred and are proposed at the site. Maximizing the number of homes within the
community while still avoided as much as practicable impacts to the major stream,
wetland and buffer drainages on the site was important to supply the needed homes for
Wake County's older population as described in Block 19 - Proposed Project Purpose.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma)

Type of Impact
Type forested,
(e.g., fores, marsh,
herbaceous, bog, etc.) Type of
Material
Being
Discharged Area of
Impact
(sq. yds.)
** Volume of
Discharge
(cubic yds.)
***
Sheet 2-W 11 Lot & Road Fill Headwater Forest Soil 446 149
Sheet 2-W 13 Lot & Road Fill Headwater Forest Soil 155 52
Sheet 2-W 17 Lot Fill Headwater Forest Soil 1419 473
Sheet 3-W 14 Lot Fill Headwater Forest Soil 1409 470
Sheet 3-W 15 Road Fill Herbaceous Soil 97 33
Sheet 3-W 16 Clubhouse Fill Herbaceous Soil 194 65
Sheet 4-W 1 Lot & Road Fill Headwater Forest Soil 126 42
Sheet 4-W2 Road Fill Headwater Forest Soil 300 100
Sheet 4-W2A Pond Dam Fill Headwater Forest Soil 97 33
Sheet 4-W3 Road Fill Headwater Forest Soil 97 33
Sheet 4-W4 Utility Fill Headwater Forest Soil 49 17
Sheet 5-W5 Lot Fill Headwater Forest Soil 290 97
Sheet 5-W5A Utility (Temp.) Headwater Forest None 179 0
Sheet 5-W6 Lot & Utility Fill Headwater Forest Soil 436 146
Sheet 5-W6A Lot & Utility Fill Headwater Forest Soil 315 105
Sheet 6-W7 Road Fill Headwater Forest Soil 2251 750
Sheet 6-W7A Utility (Temp.) Headwater Forest None 141 0
Sheet 6-W713 Rock Dissipater Fill Headwater Forest Soil 102 34
Sheet 6-W8 Lot Fill Headwater Forest Soil 63 21
Sheet 6-W9 Lot Fill Headwater Forest Soil 1830 610
Sheet 6-W9A Road Fill Headwater Forest Soil 155 52
Sheet 6-W913 Road Fill Headwater Forest Soil 189 63
Sheet6A-W 10* Lot Fill Headwater Forest Soil 707 236
Sheet6A-W 18 Utility (Temp.) Headwater Forest None 184 0
Sheet6A-W 19 Utility (Temp.) Headwater Forest None 426 0
Total Wetland Impact (acres) 3581
* Please note that all impacts have already occurred except for the proposed lot fill impacts at
W 10-Sheet 6A.
* * Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards
deep and do not account for discharge materials above this 0.333-yard assumed depth.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
STREAM IMPACT TABLE
Stream Impact Type of Area of Impact Volume of
Number Stream Type of Perennial or Material Being (sq. yds.) Discharge
(indicate on Name Impact Intermittent? Discharged ** (cubic yds.)
map)
Sheet 4 -C3 N/A Pipe & Fill Perennial Pipe & Soil 15 5
Sheet 5 -W5 N/A (ueimp) Perennial None 25 0
Sheet 6 - N/A Pipe & Fill Perennial 10 286 95
W7 & W7B
Sheet6A -W19 NIA utility) Perennial None 25 0
Total Stream Impact (by length and acreage) 100
* Please note that all impacts have already occurred.
** Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and do not account for discharge materials above this 0.333-yard assumed
depth.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open
Water Type of Waterbody
Impact estuary
,
(lake
pond Area of Impact Volume of Discharge
Site Type of Impact ,
,
ocean
bay
sound (s9• Yds.)
** (cubic yds.)
***
Number
,
,
,
etc.)
(indicate
on map)
CI-Sheet Lot Fill Channel 68 23
C2-Sheet Lot & Road Fill Channel 165 55
C4-Sheet Lot & Road Fill Channel 295 99
C5-Sheet Lot Fill Channel 10 4
C6-Sheet Lot Fill Channel 34 12
C7-Sheet Lot Fill Channel 92 31
OW-Sheet Pond Modification Pond 1452 1452
Pond Modification,
OW-Sheet Road, Clubhouse & Pond 6878 6878
3 Tennis Court Fill
Total Open Water Impact (acres) 8554
* Please note that all impacts have already occurred.
* * Areas are rounded up to the nearest square yard.
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and ponds to be 1 yard and do not account for discharge materials above
these assumed depths.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Sheet 2-W 11 Lot & Road Fill Headwater Forest No 50 0.092
Sheet 2-W 13 Lot & Road Fill Headwater Forest No 290 0.032
Sheet 2-W 17 Lot Fill Headwater Forest No 510 0.293
Sheet')-W14 Lot Fill Headwater Forest No 640 0.291
Sheet 3-W 15 Road Fill Herbaceous No 520 0.020
Sheet 3-W16 Clubhouse Fill Herbaceous No 400 0.040
Sheet 4-W 1 Lot & Road Fill Headwater Forest No 230 0.026
Sheet 4-W2 Road Fill Headwater Forest No 0 0.062
Sheet 4-W2A Pond Dam Fill Headwater Forest No 0 0.020
Sheet 4-W3 Road Fill Headwater Forest No 0 0.020
Sheet 4-W4 Utility Fill Headwater Forest No 0 0.010
Sheet 5-W5 Lot Fill Headwater Forest No 0 0.060
Sheet 5-W5A Utility (Temp.) Headwater Forest No 0 0.037
Sheet 5-W6 Lot & Utility Fill Headwater Forest No 50 0.090
Sheet 5-W6A Lot & Utility Fill Headwater Forest No 90 0.065
Sheet 6-W7 Road Fill Headwater Forest No 0 0.465
Sheet 6-W7A Utility (Temp.) Headwater Forest No 0 0.029
Sheet 6-W713 Rock Dissipater Fill Headwater Forest No 0 0.021
Sheet 6-W8 Lot Fill Headwater Forest No 70 0.013
Sheet 6-W9 Lot Fill Headwater Forest No 70 0.378
Sheet 6-W9A Road Fill Headwater Forest No 60 0.032
Sheet 6-W913 Road Fill Headwater Forest No 170 0.039
Sheet6A-W 10* Lot Fill Headwater Forest No 35 0.146
Sheet6A-W 18 Utility (Temp.) Headwater Forest No 50 0.038
Sheet6A-W 19 Utility (Temp.) Headwater Forest No 0 0.088
Total Wetland Impact (acres) 2.407
* Please note that all impacts have already occurred except for the proposed lot fill
impacts at W 10-Sheet 6A.
I HERITAGE PINES SUBDIVISION
` BLOCK SHEETS
I BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled (cont.)
STREAM IMPACT TABLE
Stream Impact Average
Number Stream Type of Perennial or Stream Width Impact Length Area of Impact
(indicate on Name Impact Intermittent? Before Impact (linear feet) (acres)
map)
Sheet 4 -0 N/A Pipe & Fill Perennial 3 42 0.003
Sheet 5 -W5 N/A (uemmp) Perennial 10 20 0.005
Sheet 6 - N/A Pipe & Fill Perennial 10 255 0.059
W7 & W7B
Sheet6A -W 19 N/A uti P
(Te Perennial 10 20 0.005
Total Stream Impact (by length and acreage) 297 (Perm.)
40 (Temp.) 0.072
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open Water Type of
Impact Name of Waterbody Area of Impact
Site Number Waterbody Type of Impact (lake, pond,
(acres)
(indicate on (if applicable) estuary, sound,
ma bay, ocean, etc.)
CI-Sheet 4 N/A Lot Fill Channel 0.014
C2-Sheet 4 N/A Lot & Road Fill Channel 0.034
C4-Sheet 6 N/A Lot & Road Fill Channel 0.061
C5-Sheet 6 N/A Lot Fill Channel 0.002
C6-Sheet 2 N/A Lot Fill Channel 0.007
C7-Sheet 2 N/A Lot Fill Channel 0.019
OW-Sheet 2A N/A Pond Modification Fill Pond 0.300
Pond Modification,
OW-Sheet 3 N/A Road, Clubhouse & Pond 1.421
Tennis Court Fill
Total Open Water Impact (acres) 1.858
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 23 - Is Any Portion of the Work Already
Complete?
Existing Conditions:
The project involves the development of the Heritage Pines residential subdivision
located on Carpenter-Upchurch Road in Cary, NC. Phases 1 through 3 of the community
have already been constructed, homes and properties have been sold, residents are living
in the homes, and a homeowners association has been formed (Heritage Pines
Community Association, Inc.). Phase 4 is near completion and the majority of the lots
that have impacted jurisdictional waters have homes constructed on them and residents
within them. Phase 5 is partially completed, rough grading and utility infrastructure has
been completed. However, the roads and sidewalks have not yet been paved. The
applicant has decided to put all work on hold within the area of Lots 175 to 195
southwest of Louis Stephens Drive until future notice. The applicant does intend to
complete work within the remainder of Phase 5 including Louis Stephens Drive and the
lots northeast of Louis Stephens Drive (all located outside of areas that previously
contained jurisdictional waters).
Dredged or Fill Material Already Discharged:
The activities within Waters of the U.S. that have already occurred include the discharge
of fill into wetlands, streams and other waters for the development of roads, utilities,
recreational amenities (including the clubhouse, tennis courts, ponds, etc.) and residential
lots. The only activities that have not yet occurred are the filling of wetlands for the
development of Lots 70 and 71 (see Sheet 6A of the attached Impact Maps). These
activities and the dimension of the structures are illustrated in the attached Impact Maps.
Details on the areas of impact can be found in the tables provided in Blocks 21 & 22.
Previous Agency Involvement & Approvals:
Approval has been received for Phase 1 from the U.S. Army Corps of Engineers
(USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development
(DWQ Project No. 99-0016). However, approval from the USACE has not been given
for Phase 2 through 5. The applicant is requesting approval for the entire development
due to modifications made to the as built plans originally submitted for Phase 1 and the
other phases. Please refer to Block 25 for additional information concerning previous
agency involvement and approvals.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 24 - Names & Addresses of Adjoining Property
Owners, Lessees, et., Whose Property Adjoins the
Project Site.
(The addresses of property owners whose property adjoins the project site list below were
obtained from the Wake County GIS iMAPS on-line viewer and do not include current
property owners within the project site.)
Olde Carpenter, LLC Weeks Construction Company
1933 Morrisville-Carpenter Rd. PO Box 1
Cary, NC 27519-9734 Asheboro, NC 27204-0001
R & E Johnson Family, LLC Wake County Board of Education
3510 NC Hwy 55 1551 Rock Quarry Road
Cary, NC 27519-8370 Raleigh, NC 26610-4145
Town of Cary Chandler, Randolph Lee
PO Box 8005 2740 Carpenter-Upchurch Rd.
Cary, NC 27512-8005 Cary, NC 27519-9700
Futterman, Sam L. & Suzanne Li, Jim & Hong Lin
120 Parmalee Ct. 111 Conagra Ct.
Cary, NC 27519-5313 Cary, NC 27519-6835
McEwen, Thomas P. & Patricia S. Janick, Jan M. & Helen E.
112 Conagra Ct. 110 Conagra Ct.
Morrisville, NC 27560 Cary, NC 27519-6835
McNeill, Andrew B. Jr. & Janet B. Ross, Kevin C. & Deborah L.
105 Weingarten Place 104 Weingarten Place
Cary, NC 27519-6836 Cary, NC 27519-6836
Flora Development, LLC Saye, Henry A. Jr. & Lisa F.
PO Box 3557 603 Preston Village Way
Cary, NC 27519-3557 Cary, NC 27519-5082
Morena, Margaret & Richard Lewis Sr. Ladhabhoy, Munir E. & Saeeda
605 Preston Village Way 607 Preston Village Way
Cary, NC 27519-5082 Cary, NC 27519-5082
Henderson, Joe W. & Melissa Lanahan, Michael B. & Andrea P.
609 Preston Village Way 103 Filtrona Court
Cary, NC 27519-5082 Cary, NC 27519-9551
Sundararajan, Ravichandran and Tharani,
Krishnamoorthy
105 Filtrona Court
Cary, NC 27519-9551
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 25 - Information about Approvals or Denials by
other Agencies.
Local Approvals:
Numerous local approvals have been granted for the Heritage Pines development
including Erosion & Sediment Control Permits, stormwater, subdivision plan approvals,
and many others. These approvals have not been included within this application, but can
be provided upon request.
N.C. Division of Water Quality Compliance:
The N.C. Division of Water Quality (DWQ) has approved impacts for the entire
development (DWQ Project No. 99-0016). The approval was given after an extensive
review by the DWQ between when the initial application was submitted in December
1998 until August 1999. A detailed description of the DWQ review as well as additional
information regarding the USACE review is provided in the attached Prior Project
History section of this application (see attached) including a timeline and supportive
materials. Due to as built design changes and failure to obtain the USACE approval for
Phases 2 through 5, the new developer is requesting approval of a water quality
certification from the DWQ as part of this application.
Environmental Consit-pants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Ct D A tl T1e n?lpn : AW-r L h,
Address: 4117ehC? 11bV y r
NL -)?S11
s?. a Va
Phone: It y --W
Nerl16 G s
Project Name/ Description:
Date: The Department of the Army
U.S. Army Corps of Engineers, Wilmington Distfict
P.O. Box 1890
Wilmington, NC 28402
Attn: Td d To e-1
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the current prolLeM owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 8 day of
tAor.k,- BOOS
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
r Ilhr? ? i ???r
Print Property Owner's Name Pert; Ownis Signature
cc: Ms. Cyndi Karoly cc: Mr. Bob Zarzecki
NCDENR - DWQ Soil & Environmerital Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlot(e Office. Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:. [phone]
Fax: [phone] Fax: [phone]
Name: K Cl 0 V O GIYI 1 Q Y1 S 116
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F ?' 6 t1E'r pPr? 1 /? 3. ,Jr. `/. ? \\ ?k42 i? ?? .?7 ,P?f i C 1?i 4.?•
* Please note that this pond along the western property
line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
N was an open field.
ProjectM Scale: Cary, NC
2939.wl NTS USGS Quad
Project Date: Soil & Environmental Consultants, PA
Mgr.: BZ 04-27•05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Heritage South SID, Cary [phone] • [phone]
Wake County, NC Web Page: www.SandEC.com
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Project: I Scale: I Wake County Soil Survey
2939.w2 NTS
Project Date: Heritage South S113, Cary ? Soil & Environmental Consultants, PA
Mgr.: BZ 0427.05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com
HERITAGE PINES SUBDIVISION
SITE PHOTOS

Smaller Pond; Photo Looking West; Impact No. OP-Sheet 2A
Wetland Lot Fill Area near Smaller Pond; Photo Looking Northwest;
Impact No. W 17-Sheet 2
I HERITAGE PINES SUBDIVISION
SITE PHOTOS
Nom.. "
I
r
' Main Pond, Club House & Tennis Courts; Photo Looking Northwest;
Impact Number OW-Sheet 3
:try Aw?
1
4
yt
t
Area Between Lots 8 & 10 Addressed In Condition No. 4 of N.C. DWQ Approval Letter
dated August 8, 1999 (DWQ Project No. 99-0016); Photo Looking Northeast from
' Property Line; Pipe Inlet Collects Drainage from Off Site Wetlands South of Property;
Near Impact Number W14-Sheet 3
HERITAGE PINES SUBDIVISION
SITE PHOTOS
s '
x
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?r
?kl }rt? S? ?({I? X?S r ?? ?
Pipe at Crystal Brook Lane Crossing; Photo Looking West below Crossing;
Impact No. W3-Sheet 4
? ,f-s ( S :y ^3 ` tin 's
? f 3 f r f' `? 'L j- \
k"
k t 1 L yJ Y?-???.
Stream & Wetland Avoided Below Crystal Brook Lane Crossing & Larger Pond;
Photo Looking East; Below Impact No. W3A-Sheet 4

t .Y s ,.s a .Fr 1 c F
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n? ?f 7<tiy?? t?- lPr .qF
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by Al,
Sewer Crossing; Photo Looking West; Impact No. W5-Sheet 5
`f ^I? i
i
Wetland Lot Fill Behind Lot 141; Photo Looking Northwest;
Impact No. W5A-Sheet 5
HERITAGE PINES SUBDIVISION
SITE PHOTOS
HERITAGE PINES SUBDIVISION
SITE PHOTOS
46- 6 M
" T?L.Y?gV?' 1 t.3 eyf* 7C `'C',? ?'<Y' °{ 35
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Typical Wetlands Avoided along Main Stream;
Photo Looking West from Lot 138 see Sheet 5
Sediment Basin & Wetland Lot Fill near Lot 139; Photo Looking North;
Impact No. W6-Sheet 5
HERITAGE PINES SUBDIVISION
SITE PHOTOS

T 1t i!' ? 1
iE ? Lwi •Y?'? 1{a C t T I ? ...
r
Heritage Pines Drive Crossing; Photo Looking South; Impact No. W7-Sheet 6
i
Phase 5 Wetland Lot Fill Area; Photo Looking North from Heritage Pines Drive;
Area has been stabilized and no additional work will occur until permit approvals are
received; Impact No. W9-Sheet 6
HERITAGE PINES SUBDIVISION
SITE PHOTOS
} `11171• ? } t t ? '
f Y' 1 ? 1t'^ ? l 5
K ? :.
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Stream & Wetlands. Avoided South of Heritage Pines Drive Crossing; Photo Looking
South; Below Impact No. W9-Sheet 6
b^
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Stormwater Discharge Below Rockport Ridge Way; Photo Looking North;
Impact No. Z2-14A Sheet 8
HERITAGE PINES SUBDIVISION
SITE PHOTOS

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Abandoned Sediment Basin East of Crystal Brook Lane Crossing; Photo Looking East;
Impact No. Z2-1 Sheet 9

Stormwater Discharge from Knotts Valley Lane & off site school drainage; Photo
Looking South; Impact No. Z2-2 Sheet 9
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WETLAND IMPACTS
Wii- 4,012.41 sf
W13- 1.397.60 sf
W17- 12.748.47 sf
TOTAL THIS SHEET: 18.158.48 sf
CHANNEL IMPACTS
C6- 314.82 sf
C7- 831.45 sf
TOTAL THIS SHEET: 1,146.27 sf
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HERTA(IE PNES WETLAND WACIS FOR K HOVNAHIAN HOAR
Hugl? J. Gilleece anc! Associates ??
oo ?.
875 Wak'KA Street Suite 360 Cary, NC Phorw (M)4CG-= Fax (WP)4W-7a37 DWN BY. -
JW?D04 HRZ ,,oB * SCALE: i 2

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319
318
317 ? ?/
305 3?6
3?5
306 ?? 4
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OPEN WATER AREA IMPACT
OLD AREA- 35.720.66 sf
NEW AREA- 23.089.01 sf
DIFFERANCE- 12.631.65 sf
AW PM AM FM
"ETLAW W KHON'"1ANH0MM
HuC)h -J. Gilleece and Associates -
875 W atntrt Street "o 360 Cary. NC F t xx," (M)4M-1101 Fax, (9,10)460-71737 DAM By` - JOB I. vmoo $M: A w
DATE t21W2004 HRZ SCALE: 1 '=50' AM
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WETLAND IMPACTS I
W14- 12, 691.05 sf 1
W15- 657.53 sf
W16- 1,695.51 sf Z, ;o lp
TOTAL THIS SHEET: 15. 244.09 sf
O
OPEN WATER AREA IMPACT /
OLD AREA- 126.999.02 5f
NEW AREA- 65.119.08 sf
DIFFERANCE- 61,879.94 sf
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HuSjh J. and H WAOP PIES WEn-Am 6PAM FOR K HDWWW HOLES
Gille?ce Associates ??, _ roe * v moo ?. 3
675 Wakes! Btroot Butte 360 Cary, NO Phony (")460-1107 Fmw (DW)460-7637 DATFz t2/W2004 HRZ SCALE: 1

CHANNEL IMPACTS
C2-1,480.51 sf
C3-129.22 sf (41.69 If)
TOTAL THIS SHEET: 2.207.68 sf
WETLANDIMPACTS
W1-1,124.04 sf
W2- 2.714.71 sf
W2A- 868.86 sf
W3- 869.76 sf
TOTAL THIS SHEET: 6,025.21 sf
AV IRA
HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
Hugh J. Gilleece and Associates
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fox: [phone] DWN By - JOB #: 1700.00 SHT:
rDATE: 12/14/2004 HRZSCALE: 1'=80

1
1 ,
I
I
WETLAND IMPACTS
W5A-1,624.25 sf
W6- 3,912.96 sf
1
1

TOTAL THIS SHEET: 10,978.65 s(
Hugh J. G 111 e e c e and Assoc I a t e s HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cory, NC Phone: [phone] Fox: [phone] OWN BY: - JOB #: 1700.00 SHT:
DATE: 12/14/2004 HRZSCALE: 1"=80'
CHANNEL IMPACTS
W7- 20,274.16 sf TOTAL LF OF
W7A- 1,261.86 sf
W76- 923.51 sf CL CHANNEL- 254.96 If
W8- 569.42 sf
W9- 16, 449.79 sf
W9A- 1,392.72 sf
W9B- 1,686.01 sf
TOTAL THIS SHEET: 42, 557.47 sf
CHANNEL IMPACTS
C4- 2.642.32 sf
C5- 92.87 sf
TOTAL THIS SHEET: 2.735.19 sf
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HuGh J. C,ilieece and Associates HEWAMPMWERRUJM WAMFORK.HDVNAIIANHOMM
876 Wahut BW*ot Bugs 360 Cary, WC Phony ("MaQ-1101 Fain (")460-7637 DWNW- JOB * 17MO( BHT., 6
DA1B12jW2004 HRZ SCALE: 1'=B0'

WETLANDIMPACTS
1A110 _ 1 GCR CC cf
Hugh J. G i l l e e c e and A s s o c i c t e s HERITAGE PINES 'NETLAND IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cary. NC Phone: [phone] Fax: [phone] OWN BY: - JOB b: 1700,00 SHT:r n
DATE: 12/14/2004 HRZ SCALE: 1'=80' U h

\\ i ? BUFFER ZONE 2 AREA IMPACT
Z2-13= 824.63 sf
\ ?? N \ \ Z2-14= 76.77 5f
\ ?\ \ \ Z2-14A= 158.25 sf
Z2-15= 4.21 sf
\ \? TOTAL THIS SHEET: 1,063.86 sf
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Hugh J. G I I I e e c e c n d A s s o c i c t e s HERITAGE PINES BUFFER IMPACTS FOR K. HNIANIAN HOMES
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] DWN BY: - JOB (f: 1700.00 SHT: p
DATE: 12/14/2004 HRZSCALE: 1'=60' C_J
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BUFFER ZONE 2 AREA IMPACT
Z2-1= 6,66B.77 sf
Z2-2= 163.13 sf
TOTAL THIS SHEET: 6.831.90 sf

R/M -Y--
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BUFFER ZONE 1 AREA IMPACT
ZS-1= 6,135.97 sf
Huiph J. Gilleece and Associates MlES StRa "pACrswRKHOWMAN HOMES
f 87:5 Waiwt 8treot "o 360 Cary. NO Pha?s (")460-= Fax (9W)460-7637 rDWN Em - J013 I, VMOD -I SFHP 9
DATE.12/W20D4 HRZ SCALE: 1'=60'_
l'll'Z2--9

Z2-9-?
I
108 109 110 I \
7 i
_ Z2-4A ?
?rz2-8

BUFFER ZONE 2 AREA IMPACT
Z24= 430.45 sf
Z24A= 1,310.18 sf
Z2-5= 69.70 sf
Z2-8= 3191.42 sf
Z2-9= 4,735.13 sf
Z2-9A= 784.88 sf
Z2-9B= 1917.61 sf
TOTAL THIS SHEET: 12,439.19 sf
BUFFER ZONE 1 AREA IMPACT
Z1-3= 15,390.92 sf
Zt-3A=12,61.10 sf
TOTAL THIS SHEET: 16,652.02 sf
Hugh J. G i I I e e c e and Associates HERITAGE PINES BUFFER IMPACTS FOR K. HOVNANIAN HOMES
875 Wolnut Street Suite 360 Cary, NC Phone: [phone] Fox: [phone] DWN BY: - JOB a: 1700.00 SHT: 10
DATE: 12/14/2004 HRZSCALE:1'=60' I U
0

Z2-6
BUFFER ZONE 2 AREA IMPACT
Z2-6= 435.35 sf
Z2-7- 405.31 sf
TOTAL THIS SHEET: 840.66 sf
\ \ \ ? ? .
----__.2' sAN. SEWER ESMT.

BUFFER ZONE I AREA IMPACT
Z1-2= 1.914.97 sf
Huoh J. Gilleece and Associates I Hl3VTAGEPM9JMWACTSFORILHDVNANAf1HOLES
975 Wakwt Street State 360 Cary. NO Phorw (M)400-"M Fax. (OV)460-7637 DWN 6Y- - JOB b 1100.00 SKp in
DATEWW2004 HRZ SCALE: 1-=60'
69
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BUFFER ZONE 2 AREA IMPACT
7 2 Z2-10= 3.80 sf
Z2-11- 22.48 sf
22-11 \ Z2-12= 3.749.65 sf
\ TOTAL THIS SHEET: 3.775.93 sf
74 Z2-1?
Huoh J. Gilleece and Associates FMRTA( PrEBBl Bi6PACT8FORKHDVlWrANHDAB
JOB i 17000D
875 Walnut Street "a 360 Cary. NC Phony (M)460-= Fax, (x10)460-7637 D1YN UP
DA79V4W2004 HRZ SCALE: 1'=60' $F{j;12
BUFFER ZONE 2 AREA IMPACT BUFFER ZONE 1 AREA IMPACT
Z2-12A= 447.38 sf ZI-4= 1,790.67 sf
Z2-12B= 409.57 sf
TOTAL THIS SHEET: 856.95 sf
HEWAOE PIES t WACTS FM K HONNA"HOMES
Hugh J. Gilleece and Associates
875 Wak-*A Street Suits 360 Cary. NO Phone- (M)4ag-1101 Fax- (PW)460.7W7 DWN or - J08 i VOOAO SF{T: ?n
DAiFs121W=4 HRZ SCALE: 1'=60' K7
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
DATE ACTION
June 6, 1997 Wetland Delineation
November 6, 1997 S&EC Letter re: DWQ Buffer Determination
December 4, 1998 PCN Submitted b Applicant (Not S&EC)
February 22, 1999 DWQ On Hold Letter
March 3, 1999 USACE Approval
July 8, 1999 SiteSca es Letter to DWQ re: Project Summary
Jul 21, 1999 Notice of Violation from DWQ Raleigh Regional Office
August 4, 1999 SiteSca es Letter to DWQ re: Restoration Plan
August 8, 1999 DWQ Approval & 6/23/1999 Final Site Plan
March 18, 2005 S&EC Letter to USACE re: Avoidance of Additional Impacts
March 28, 2005 USACE Letter re: violation
Wetland Delineation (see attached) - The attached map depicts the original wetland
delineation performed by S&EC in May 1997. On 7/9/97, Todd Tugwell of the USACE
' conducted an on site review and approval of the delineation. The delineation map may
have been signed by the USACE. However, S&EC does not have a copy of the signed
delineation map in our files. This delineation map was used in all previous applications
' and was also used in this after-the-fact application.
S&EC Letter re: DWQ Buffer Determination (see attached) - The attached letter
describes the Neuse River Buffer determinations performed by Mr. Danny Smith of the
DWQ on November 5, 1997. S&EC does not have a copy of a DWQ on-site
determination report for Mr. Smith's determinations. Please note that this letter does not
address the two ponds or the channel located within the existing Phase 5 area and east of
the main stream. Based on other DWQ correspondences provided within this application
(including the final approval), it seems clear that these areas were determined to be
exempt from the Neuse River Buffer. There is a pond shown in the southeast corner of
the property on the USGS topographic map. We do not have confirmation that this pond
was ever exempted by the DWQ. However, based on DWQ correspondence and
approvals, it seems clear that that this pond was determined to be exempt from the Neuse
Buffer Rule. Also, the wetland delineation does not indicate a pond in this location and if
you examine the aerial photograph of the Wake County Soil Survey you will also see that
this was a field and obviously a USGS mapping error.
PCN Submitted by Applicant (Not S&EC) - S&EC did not submit the original
application for this development. The DWQ was unable to locate the file at the time that
this application was prepared and as such we cannot provide copies of the application or
additional information that may exist within the file. Based on additional
correspondences provided within this application, it appears that the original application
was submitted to the DWQ on December 20, 1999 by Mr. Steve Prusik of SiteScapes
Design Group, Inc. on behalf of the owner at the time, Mr. Michael Edwards. S&EC has
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
obtained a paper copy of the original impact map that was submitted along with the
December 20, 1999 application. We do not have a digital or 8'/z x I 1 copy of this map
and as such it was not submitted along with this application. However, a copy has been
given to the DWQ and additional copies can be provided at your request.
DWQ On Hold Letter (see attached) - The DWQ requested additional information
from the applicant and Mr. Prusik in a letter dated February 22, 1999.
USACE Approval (see attached) - The USACE approved the December 1998
application in a letter to the applicant dated February 25, 1999. This approval was only
for Phase I of the development. This letter was mistakenly sent to my attention, most
likely because of our initial involvement with the project. The authorized agent title
above the attention line was "blacked-out" on the copy within our file. Although we do
not have confirmation of this in the file, I assume that this mistake was corrected and that
the letter was sent to the Mr. Prusik based on Mr. Prusik's letter to DWQ dated July 8,
1999.
SiteScapes Letter to DWQ re: Project Summary (see attached) - Mr. Prusik sent a
letter dated July 8, 1999 to DWQ summarizing the project and a site meeting with Mr.
John Dorney of DWQ on July 6, 1999. This letter states that a revised master plan was
prepared and delivered to DWQ on February 26`h, 1999 by Hugh J. Gilleece & Associates
(the project engineer) indicating wetland and buffer impacts for the entire site.
Notice of Violation from DWQ Raleigh Regional Office (see attached) - A notice of
violation letter was issued to Mr. Edwards on July 21, 1999 from the DWQ Raleigh
Regional Office.
SiteScapes Letter to DWQ re: Restoration Plan (see attached) - Mr. Prusik sent a
letter dated August 4, 1999 to DWQ describing a proposed restoration of wetlands
between Lots 1 through 8 and references a plan submitted by Hugh J. Gilleece &
Associates on August 2, 1999. S&EC does not have a copy of this plan and was unable
to obtain a copy from the DWQ. This letter also states the owners to be Heritage Pines,
LLC and the developer to be Mr. Mike Matheny. This is important to note because even
though Heritage Pines LLC is still the current owner of the unsold portions of Heritage
Pines, the developer has since changed to K. Hovnanian Homes. The current developer,
K. Hovnanian Homes, has stated to us that they were not involved in these initial
discussions with the agencies.
DWQ Approval (see attached) & 6/23/1999 Final Site Plan (not attached) - The
DWQ approved the use of GC 3101, 3103 and 3108 for the entire development (not just
Phase 1) in a letter to the developer, Mr. Mike Methany, dated August 8, 1999. This
letter was copied to the USACE, Division of Land Resources, Gilleece & Associates (the
engineer) and Steve Prusik (the consultant). This letter also acted as the Authorization
Certificate for impacts to the Neuse River Buffers.
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
' The letter lists five (5) items. Item 3 stated that wetlands shown as area 11, 7 and 8 shall
not be impacted. The item did not require a revised impact map to be generated for
approval. Area 11 (now impact area W9-Sheet6) has since been impacted and the
' applicant is proposing to continue work on the lots and mitigate for the loss of wetlands.
It appears that areas 7 and 8 (and including 9; we believe that DWQ mistakenly either left
out 9 or included 8 instead of 9) have not bee impacted. The applicant is requesting to
' impact this area (now impact area W 10-Sheet6A) within this new application.
Item 4 required the 0.22 (acre) wetland area between lots 8 & 10 shall be restored as
' described in the August 11, 1999 letter from Site Scapes Design Group, Inc. S&EC does
not have a copy of an A2 ust l lch letter from SiteScapes. We assume that this is
referring to the August 4 letter, but we do not have confirmation of this. As stated
' above, we do not have a copy of the August 4`t' plans submitted by Hugh J. Gilleece and
associates. We evaluated this area in 2005 and it does not appear that this area has been
restored (see site photos attached). Restoration of this area does not seem practicable
' given the adjacent homes. The applicant is now proposing to mitigate for the lost
wetlands within this area.
' It should be noted that the DWQ did not require a stonmwater management plan as a
condition of the approval. Although the as built design of the development is different
from what was originally approved, the general percent of built upon area and major
stormwater discharge devices and locations have not changed from those originally
' proposed. As such, the new applicant is not proposing any additional stormwater
management for the development.
It should also be noted that no stream, wetland or buffer mitigation was required as a
condition of the original approval. The applicant is proposing mitigation for the loss of
wetlands and perennial streams because these areas were never approved by the USAGE.
However, the applicant requests that buffer mitigation not be required given that it was
not previously required. It's also interesting to note that the area of buffer impact as well
as the length of stream impact was not listed in the original approval letter.
We do not have a digital or 8 '/z x 11 copy of the approved 6/7/1999 final site plan /
impact map and as such did not include a copy within this application. However, we have
' previously provided DWQ with a copy and can provide additional copies upon request.
S&EC Letter to USACE re: Avoidance of Additional Impacts (see attached) - On
' behalf of the current developer we have submitted the attached March 18, 2005 letter to
the USACE notifying them of the developers intention not to continue work within
portions of Phase 5 of the development that previously contained jurisdictional waters.
The developer has since gone one step further and has decided to put all work on hold
within the area of Lots 175 to 195 southwest of Louis Stephens Drive until future notice.
The applicant does intend to complete work within the remainder of Phase 5 including
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
Louis Stephens Drive and the lots northeast of Louis Stephens Drive (all located outside
' of areas that previously contained jurisdictional waters).
USACE Letter re: violation (see attached) - The current developer was notified in
' writing by the USACE in a letter dated March 28, 2005 of the previous developer's
failure to obtain USACE approval for Phase 2 through 5 of the development prior to
discharging fill material into jurisdictional waters.
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CARPENTER DeLUG ENTERPRISES. INC.
B42 DURHAM ROAD ,
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wETLAUO DELiuEAnOU u .a.T.x, rwisrvuu ?rwr enwroaa
Delineation Performed by: Soil k Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
Applicant/Owner: County. Wake
` investigator. Bob Zarzecki State: NC
Do normal circumstances exist on the site? Yes No Community ID: Dry-Oak Hickory
is the site significantly disturbed Forest
(A typical situation)? Yes No Transit ID:
Is the area a potential problem area? Yes No Plot 1D: Upland Areas
(If needed, explain on reverse.)
VEGETATION
I
Dominant Plant Species Stratum Indicator Dominant Plant Species stratum indicator
1. Pinus faeda tree FAC 9.11ex opaca tree FAC-
FACU
2. Liriodendron Tulip. tree FAC 10. Cornus florida
l tree
b
h UPL
Acer nebrum
3 tree FAC afa
11. Chimaphila macu .
er
I
.
4. Smilax rotandifolia vine FAC 12. Carya gtabra tree FACU
5. Quercus Alba tree FACU 13.
6. Quercus rubra tree FACU 14.
I
7. Polystichum acros. herb. FAC 15.
8. Lonicera japonica vine FAC- 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 42%
Remarks:
" Schafale & Weakley,1990
HYDROLOGY
I Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
I Other
_C_ No Recorded Data Available
Field Observations:
Depth of Surface Water. (in.)
Depth to Free Water in Pit: ,>12_ (in.)
Depth to Saturated Soil: >12- (in.)
Remarks:
Wetland ydrology Indicators:
prim Indicators:
inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Seaondarv Indicators: (2 or more required)
Oxidised Root Channels in
Upper 121nches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
i
SOILS
Map Unit Name
(Series and Phase): Creedmoor santly loam
Taxonomy (Subgroup): Hapludults
Drainage Class: moderately well-drained
Field Observations
Confirm Mapped Type? Yes No
Profile Description:
De
th Matrix Color Mottle Colon Mottle Texture Concretions,
p
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-6 Ap 2.5 Y 5/2 N/A N/A sandy loam
6-12 A2 2.5 Y 7/4 N/A N/A sandy loam
Hydric Soil Indicators:
H istosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Cleyed or Low-Chroma Colors
Remarks:
4 USDA Soil Survey
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
SOIL
l'
`tq? 1003 ????
? NORM GP

' Delineation Performed by: Soil & Environmental Consultants, inc.
244 West Millbrook Road 231 16th Avenue NE
' Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
' ROUYINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
' Applicant/Owner: County: Wake
Investigator. Bob Zarzecki State: NC
' Do normal circumstances exist on the site? Yes No Community ID: Piedmont Alluvial
Is the site significantly disturbed Forest & Piedmont Semipermanent
(A typical situation)? Yes No Impoundment
' Is the area a potential problem area? Yes No Plot ID: Wetland Areas
(If needed, explain on reverse.)
I
VEGETATION
Dominant Plant Species Stratum Indicator
1. Pinus taeda tree FAC
2. Liquidambar styra. tree FAC+
3. Liriodmdron tulip. tree FAC
4. Aceerubrnm tree PAC
5. Smilax rotundifolia vine FAC
6. Juncus efjlusus herb. FACW+
7. Carpinus caroliniana tree PAC
8. Lonicera japonica vine FAC-
Dominant Plant Species
Stratum fin-dicato
shrub FAC
herb. OBL
herb. FACW
herb. OBL
herb. FACW-
i

I
9. Ligustrunr sinense
10. Woodwardia areolata
11. Zcphyranthes atam.
12 Woodwardia virginica
13. Arisaema triphyllum
14.
15.
16.
Percent of dominant species that are OBL, FACW or PAC (excluding FAC-): 92%
Remarks:
' Schafale & Weakley,1990
' HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
' Other
_X_ No Recorded Data Available
Field Observations:
' Depth of Surface Water. _0 -12- (in.)
' Depth to Free Water in Pit: 0 -12. (in.)
Depth to Saturated Soil: 0 - 12- (in.)
' Remarks:
Wetland Hydrology Indicators:
Primary indicators:
X Inundated
X Saturated in Upper 12 Inches
X Water Marks
X Drift Lines
X Sediment Deposits
_X Drainage Patterns in Wetlands
Seconda ry Indicators: (2 or more required)
X Oxidized Root Channels in
Upper 12 Inches
X Water-Stained Leaves
X Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)

SOILS
Map Unit Name
(Series and Phase): Worsham sandy loam
Taxonomy (Subgroup): Ochraquults
Drainage Class: poorly drained
Field Observations
Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle
(iris.) Horizon (Munsell Moist) (Munsell Moist) Abundance /Contrast
0-2 All 10YRS/1 N/A N/A
2-7 A12 10YR5/1 N/A N/A
7-11 A2 10YR6/1 N/A N/A
11 -12 Blg 10 YR 6/2 yellowish/brown common/ prominent
Texture, Concretions
Structure etc.
sandy loam
sandy loam
sandy loam
sandy clay loam
Hyd ric Soil Indicators:
_ Histosol Concretions
Histic Cpipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
_X_ Aquic Moisture Regime _X_ Listed on Local Hydric Soils List
_X_ Reducing Conditions Listed on National Hydric Soils List
_X_ Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
* USD/,Soil Survey
%k1and Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
' SF,O SOIL SC'j
? d kl
1003
NORII.1 G
r
?V 2

WILL BE APPLIED FOR SEPEAATELY
CARY.
Y U?1`? I1
111, T I .11E11 tMDAUS
?S
a
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WETL1x0 TWIG -f AS 1x1
YI- 1.121.01 51
W2- 2 209 BB 51
W1- 116 11 sl
W5- 116..4 51
N5- 1.621 25 sl

] M6 611.01 sl
t5 sl
1 6116 560 -O 0 sl 101Ai L
0E 9

8 1 051
5 2 51

F G< [L CNUwEL- 251 Sfi 11 CW x El PETS (0

CI 551 95 sl OPEN WATER A.. A IMPACTS
:
C2 1.? 50 sl OLO 1 9 4l 51

C3 129 22 s 1a1 69 111 L I 3 L

EW PGNO LOCATION
- _ 9 ifi. 49.19 sl C 2.64_)2 55 oil AE vl.E W, 1[9,7] 1
81 I
C5 52
W_
a 1.3 2.12 51
x.0 I. EtK.01 sl
x10- 6, )1fi. i6 sl
xu-) 630 66 sr .
C6 111.02 51
C/- .31.45 sl
TOTAL CH/4n[L ACES- 4566.13 s1 1. 136911.1

GRAPHIC SCALE

1'•100'
WETLANDS AREAS BASED ON NAP 001E BY JOHN A. NC ADAMS x12- 35 30 s1
W13- 1. )91.60 fl TOTAL CL a -ANWEL- 2Y 65 11
x11- 12.69105 sf

? W15- 651 53 51
WI6-1.6955151
0 100 200
300
?
-„-, xtl- 12.148 11 sl
TOTAL WETLU 1WEACT ANEAS- 01.132.05 V 11.91:1 ec.1

h J
Hu
Gilleece and Associates R8,ision,: IH) SCALE". 1- 100' IPtS SY
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HERITAGE PINES OVERALL WETLAND IMPACTS .
g J N, SEALS NDNE s
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875 Walnut St. Suite 360 Cary, NC ph(919)469-1101 fax[phone] J M\4x 5ve.>-11-az "ov2eiBs

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I
I
Mike Mmheny
I Real Estate Developwa t
105 Fairway Valley Ct.
Cary, NC 27511
' 919491-9506 (office)
919-630-9200 (mobile)
' 919-462-9646 (fax)
Re: Edward's Tract
I Cary, Wake County, NC
November 6,1997
Pmjoct d 97-2939
' Dear Mr. MWwny,
On November 5, 1997, Kevin Martin (S&EC, inn. president), Steve Roberts (S&EC, Inc.
I biologist), Danny Smith (N.C. Division of Water Quality) and myself visited the site known
as the Edward's Trad located is Cary, NC for the purpose of dderminiu8 the cadent of
jurisdiction under the Neum River Basin Nutrient Sensitive Waters M411880110ent Strategy.
Mr. Smith determined that the Neese River Basin riparian buff's rules would apply to the
following locations (see attached map):
(1) The channel section bcW= wetland flags 149 and 163 located vrid" the drainage
' beneath the smaller of the two ponds.
(2) The channel from wetland flag 350 east.
¦ (3) The channel north from 12 foot south of wetland flag 506.
A 30-foot undisturbed forested buffer must be placed on all sides ft o the eaaWbnc of the
' oustift channels within these regulated areas In addition, a 20-foot bra should be placed
Soil & Environmental Consultants.) inc.
244 West Millbrouk Road w.Raleigh, North Cardina 27609 ¦ [phone] ¦ Fax [phone]
I Soil/Site Evaluation ¦ Mapping and Physical Analysis A Wetlands Mapping and Mitigation ¦ Environmental
On-Site Waste'llreatment Systems, Evaluation and Design
i
on all sides from the outer edge of the 30-foot undishabed buffer. This 20-foot buffer may
' coesist of ground cover composed of trees or grass. Roads, bridges, stacmvrakr mwgament
facilities, ponds, and utilities M be allowed to impact these buffers where no pracxical
shm atiive resists.
Mr. Martin brought up concerns with regards to the unofficial jurisdidiorad determination made by
the Corps on 7aly 9th of this year. His concerns are a follows:
I (1) The pond (0.82 aces in size) {vested new the northwest portion of the property sbould not be
oonssdered jurisdictional doe to the fad "it was created for egricol ural use, no channel or
wetland exists above it, no channel exists below it, and no direct connection exists between, it and
' the wedand below.
(2) The "chancel area" (277 sq. R in sin) located on the southeast end of the larger pond (3.27 seas
in size) Amid not be considered jurisdictional due to the fact that it was aoatod in high-ground
and has not significantly naturalized.
I A letter has boat sent to the US Army Corps of Engineers requesting thdt they review their original
dderimatiou with regards to these srem We are currently awaiting their reply. There a no
' guarantee that they will Change their call, but it cam't hurt to ask However, they will not do co until
we receive an agent authorization form signed by the current owner. The Corps requires this form for
final delineation app mval (i.e., "sign-of ' of the wotland ddineation neap). Plesao have this attached
f form signed and mumd to res.
I if you have any questions, comments or seod fu rtber capianstion plesse fed Om to call.
may,
4
• 43I (AYW
Biologw
y t
.\ 4 ? w,fti ' ? i7r
in --. f .^lJ•
\ ,..
N/F
JAMES M. EDWARDS
M '?OdtT DEED 600K 6197, PAGE 386 CHANNEL AREA
+`? '?•t h?.,u,
1 1.011 sgft ». t1 1 u
WE7LANO AREA Ft 's 0.02 Oeres
6.656 sQ.ri. ? m? :., ...:r,•*; ; ' y" I
015 acres WETLAND AREA CHANNEL AREA ! ?• " x'1.1
?? •r • •. .'w : `? AM ?U w. 5,676 sq.fL 044 ft.
' ac v
I? ?P.hfi's xw 0.13 Dews 0.03 OCrN • aT0 All ?. :.?: I `i ... ?11 i
E 1 11.. '
Tar 47.97'(TIE
?ry ''?h Wl RA!!p AREA . 3'.' xw nT 4ws iw: ` yr f:.
An ,142.251; v%tL «A
127 OR7s* 44 axs 1O CHANNEL al xa A.. ?; >sr ae..f.0 -r -A SAO AREA 0w yy ' 4{?? YiE7LAN0 AREA ..It
lit I I
s>0 129 p.ft? { ae0 Uw 2,160 sq.ft \ ? E i 1
' ?rN WMANO AREA 0.05 Ocrp ,w Ay
?4+ POND ?? ,„ Rt yi1?RS 7,050 sq n. _ AAA 4e Fi' =,d 717 CHANNEL Q ?t?tf'SO(6???45, 0.16 acres s i ! I
AREA
277 sqtL
?C .as ?0• AmeN?" >* CHANNEL AREA
at+ ?..r,./ 7O t4/11E tl#AS m 1,708 sq.ft.
'"'' ?J".+ ?• tZNOIe'LIO?IAL j sRI 0.04 acres '• ', it
J„may oY CHANNEL AREAP"'ii . M ?1
... .u • 4?' «N 595 sq.ft F R • pptK? WNER? ;1
0.01 acres '•?? RN?'R. dKlli "' " ;
•,' WETLAND AREA
' ft
1,124 sq.fl.
pm. RWvtge q '~ tij
m bt,6T A Ava 4ontT aRi {
" 66 X0'06- W UNtA"u
S 2.60 T AL ?',
a?r.Nel ? 1TOTA1.1Nb ?T 202.at
OMERN Ei RRELL ON porm `??1?5 W* L •
DEED BOOT( 5460, PACES 529.526.562
DEED BOOK 6272, PAGE 42 ??5Z? ??H? SHCt??
FIAT BOOK 1962, PAGE E,a!
.
TNK CERKICS THAT THIS COPY Or THIS PLAT AOCaIR.Trk r DatCTS iFE satROMY Or TM(. AM'SMYON o< SECTION pa
K fNr CLEAN LATER ACT AS OE»kMN{p fh TMF '.iROf.a4?EO OR bpS OAR. UNLESS TWINE 12 A G»Aw:c IN Ti.. law
v !f,R RVBLISIV:• Rz W.ATO $. Tk.% CF 1TR4i N.'•+N .Y "TLhON 4O. PMSdCnION MA.
W ^. ivzF.fl F,vf Tr.k% rRaM ?r•. (•a it OE !TINNED i rM . •vy't.
'IC'iaa•vaflOM w.•. r.t?E Vh?M' nr, I.At en" -
n'
t
4
RANOOLPH L CHANDLER
DEED BOOK 2274, PACE Ida
}- KSAR
l 206.52' ?
'®® 1 ?...I GIC r00tKi -
t LEAS[ I-ARM MO ACgSSr CASEMENT rtmcL (1,v 1
cS / DEED BOOK 4447. PACE 210
N d611'J2' w h
td9.2t '• ?:..J
CHAN?IEL AREA
,r-' .A '?=_''• 63t sq.ft.
0.02 _ acres
a
oa
OI L
eD v

I
T ,F
WETLAND AREA
1.075 sq.ft.
0.02.acres
=ct.,.??a „ A, "'T NWE' A AREA
d 12.745 sq. rt.
?., w3 0.29 acres
t,..
' 201ED RtlF 1215!
POND tt:
N/F
HI DA CARPENTER
DEED BOOK 2124, PAGE 217
139R 41'
i
CHANNEL AREA
413 sq.ft. !
O Dt acres
,r
.x i CHANNEL AREA
231 sq ft.
0.01 acres
WETLAND ARE
1 r 5.922 sq.ft.
0.14 acres
n. WETLAND AREA
35.721 sq.ft. Atee4pcs T4 "AVe
n•c NwxP/ 0.52 acres
Nm-1 E` ?R1to•C CtOM??.
Wei tN PRO ti3S .
• \r
s
WETLAND AREA
5,013 sq.ft.
0'20' E 0.12 apes
+R.w «a,
APPROXIMATE CREEK 14
LOCATION (typ.) r'
R!1
CHANNEL AREA
662 sq.ft.
s>. } 0.02 acres
.•r d
us t1ETLAND AREA
5.666 $q.ft.
0.13 ecres
Tom O C 2*4" y?,• POtNc WMtRg
("-rIT0A11s - (IXIw) t'1gyy? Qivf,0. ahb1N
/tooo? $VRR'iRS APPbY : NRffA
UTOMM
Q`? OAgK`? mums k ld ut% -
bMttli OW4 D *-,T%M Vb "Uqk #
ova ?t151?+7.? PDO?'oN?. ?ec? vwP't?
Sotsc'l??R?roitauN
'M? t.aw?ta*11Pa,.?
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James S. Hunt. Jr„ Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. L MkUd Edwards
1137 lCildyta Farm Rod
Cary, NC 27511
Deaf Mr. Edwards:
r
NCDEN?R
?*:# TFt C&Aou" 0Cft rffMC T or
ENVIftONmDff ANO Naum,& Re3ourtce9
Feb wq n' 1"9
?. ._ _ %;ttgGftas iramelRClolmnmtity
Wake Courtly
DWQ 41990016
The Division of Water Quality has reviewed your submittal for a 4WQ1 Fermlt and None Rica
Buffer rules approvd for Heritage Pius Retirewsm Community In Wales County. Yaw application war not
complete since 1) the project map does not show the satire site atd 2) are additional pond 1a p mew whleb win need
to be buffered. Pleas ptovido lnforL boe regarding site location of your project. 'Otis information Is needed by
DWQ in order for us to decide whether This project is approvable.
Please respond with three weeps of the date of this letter by seedloS m the apprepiab info madoe. U
we do not bear from you is three weeim we will assume that you no lower want to and we will
I consider the project as withdrawn.
I can be reached at 919-733.1786 if you have nay questions. Uati1 this Wmaiation is received. I will
I Inquest (by copy of this letter) that the Corp of Engineers place thin project on bond. Also, the project wW be placed
on hold for our processing due to isompiae information (15A NCAC 213.0507(&x4)}. Your protesting time will
begot once we receive a cou*w appliadon. Also for a site visit, pW= contact Steve Mitcball of our R*10
ReSi9oal Office at 919.511-4700.
r?
I VW Qw1?? ai
Awchment
cc: Raleigb DwQ Regional Office
Wilmington District of Corps of Ea=imers
Raleigh Field Off{ca Caps of Engineers
John Dorney
Central Files
Steve Prusik. Site Scapes Design Oroup
99WI6.hid
Division of water OuaCRy a Non-D Wcnarge Brautdt
4401 Reedy Crook Rd.. RalalgN NC 27807 Telephone [phone] TM FAX * 733-99M
An Equal Opportur>ity AffimvAve Action Employer • 50% reeycloWl0%pat conamw paper
InIA 3 g-
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 199920303 / 199920557 / 199920558 County:
r
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property
Owner Mich_ael-Edwards
Address- 1137 Kildaire Farms Road
Cary. NC 27511
Telephone Number 919-460-1048
Authorized v
Agent
Attn: Bob--U=-1a
Address- 244 West Millbrook Road
Ralei& NC 27609
Telephone Number 919-846-5900
Size and Location of Property (Waterbodv. Highwav name/number. town. etc.):
The property is approximately 100 acres in size and is located on the east side of Carpenter Upchurch
Road (SR 1617), 0.75 mile south of Morrisville Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. The site is adjacent to an unnamed tributary of Crabtree Creek, above headwaters, in the Neuse
River Basin.
Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of
pipes, and the placement of fill associated with the construction of Heritage Pines Retirement Community.
Impacts to wetlands and waters authorized by this permit include 0.04 acre for one utility line crossing
under NWP 12 (AID 199920303), 0.281 acre for three road crossings under NWP 14 (AID 199920557),
and 0.592 acre of impact to wetland and waters by fill under NW 26 (AID 199920558). Impacts to
wetlands and waters total 0.913 acre.
Applicable Law: X-_$ection 404 (Clean Water Act, 33 USC 1344) only.
?mtion 10 (River and Harbor Act of 1899) only.
Authorization: _ Regional General Permit Number
12. 14. & 26 Nationwide Permit Number(s)
' Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
' approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwe11 at telephone number (919)876 - 8441 extension 26
' Regulatory Project Manager Signature
' Date Feb r?ary 25. 1999 Expiration DateFebaMa 25.2001 (an 12 & 14)_
Expiration Date September 15, 1999 (nwn 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
I TO THE YELLOW "X) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Town of Cary
5Z4. Dk$zjj• auwtj tom.
Land Planning - Silo Design
July 8, 1988
NC Dlvision of Water Quality
Attn: Mr. John Comey
4401 Reedy Creek Road
Raleigh, NC 27607
RE: Heritspe Pines Retirement Community
Dear Mr. DonW.
Thank you for your time in the field on July 6, 1989 reviewing the wetland and Neuae River buffer
constraints for Heritage Pines. This letter is being written on behalf d the owners of the property. There
were corcerns that were raised that need to be addressed and the owner has every intention of resolving
these concerns in an appropriate manner.
Our original wetland application was mailed to the Corps and the State on December 20, 1998. On
January 7, 1M I received a letter from your office stating that the application fee was not Included as
part of our application. A check for $200.00 was issued and delivered to your office January 12, 1999.
A second letter was sent to our dice on February 22, indicating anal the application was once again
incomplete because the entire project was not shown and two woos conaem regarding an additional
pond on site. A revised master pan was prepared and delivered to your office on February 28'",1999 by
Hugh J. Cileece do Associates Indicating wetland and buffer impacts for the entire alts.
On March 3rd.1999 ova were notified of the approval d the Army Carps 404 pwmiL During a meeting it
your dfioes on May 11, 1999 there were concerns raised as to the aocumuk0m total d Impacts for the
entire site. it was our understanding at the conclusion d this meeting that by rerrtaAng a secondary
Neuse River buffer crossing along the south nr portion or the property, and by reducing the total impacts
to the entire site to urlder one acre that this would satiny the concerns d the State. Again, the Master
Plan was revised to remove this crossing, re-afign a northern toad around the Nei River buffers, and
reduce the total irnpec is to less than on@ acre. Additionally, at this time, it was our understanding that the
State did not have any concerns regarding Phase I d the project. No disturbances had occurred adjacent
to the small cul-de-sac in the soullnvest corner of the property before this meeWg.
During the week of June 21'x, Hugh J. Gffieece and Associates requested approval by the State to install
the sewer connection to the a4stIN on site sewer. The state agreed and notified the Town of Cary,
which in tun gave approval to install the sewer.
104 Woodwinds Industrial CL Suite C - Cary, NC 27511. Phone [phone] - FAX [phone]
Jaya, Im
Heritage Pines
Page 2
From the outset, the owners have striven to tolow all applicable rules that pertain to the wetlands and
Neuse River Wers on site. Their goal is to rectify arty concerns that the State may have and reach a
mutual conclusion for the benefit of all parties concerned.
We took forward to working with your office. If you have any additional questions or require further
Into matron please let me know.
' sinew*.
SfteScapee Design Group, Inc.
' Steve Prusik ASIA
SiteScapes Design Group, Inc.
1 S6'-24-2802 12:06 FRM:DM-EETLANDS 919733 ffl3
_ e
1 #' Tip
70-.%%9467 P:4.,5
RALXWH 9*08ONALOPVXX
July 21, 1999
1 - CEMFIBD M7UL
?t$TO?i 1tSC8IPT StRQv83T8D
,;lr?tteas.eta r J. Michael, Rose G., Rickey G-, fury 9., and Jeanne G. Edvasds
1 1137 1114are Farm Road
?- Cary, H.C. 27Sil
NEFW. Subject: Notice of Violation
' Recosmendati= for Enforcement
Neu** Basin Roles
• Heritage pines Retirement tan=ity
' Dn # 99-0016
wake Camty
=Dear Mr. Sirs i•yiadayp:
On June 29, 1999, Mr. Pete Colwell of the Central Office Netland/401
Unit investigated impacts to the strum side (xipariaul vegetative buffer
along an unnamned tributary to Crabtree Creek. This project is referred
to by this Office as DWO 99-0016. mr. Colwell observed impacts to the
Meuse Riparian Zone from the installation of a sewer line that remved
the forested vegetation Along one side of the stream feature. Staff also
observed water and watland impacts prior to the issuance of A 401 Water
Quality Certification.
Specifically, a sever line was installed Within Zone One of the
protected buffer and that protective buffer w" essentially rnwved. The
Neuse Buffer Rule requires that non-electric utility lines which propose
?.. to impact this zone in a stop-perpendicular pathway to meet the following
criterion:
1) Obtain a detcrftnation or `no practical alternativae' to the
pzvQosed use puzsuatnt to Item s of this paragraph;
2) Obtain approval for a mitigation proposal pursuant to IM X=
2B .0242.
The ivipacts to the riparian vegetation referenced above is a
violation of the Meuse giver Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Rxisting Riparian 1xeas,
Administrative Code T15A:029.0233. Any activity that Would result in
water quality standard violations or that disrupt the structural or
functional integrity of the riparian area are prohibited.
In additioa to the Nauss Buffer violatioa, impacts to vatlande and
artOe tt?wwort].w; sues tot, t?tst . ta.R,w e?w.?wwts?ey
!???..??.? 1hItIMI t?tli7t.?700 Pi7[ftMtl7t•
AN iYW4 O!l'iy17V.flTT/ AT/IRIY}fri ACYtgI i11P10f711-i? 1iTiiiO/tY! R?TtoMMllrlA t1ViR
S8'-24-29 ? 12:07 FROM.D B-METLp#w 9197316@E3C3
70:99469467 P:"
Page Two
Rexitage Pines AN
waters of the state have also occurred at this site. Road crossing
impacts. wetland impacts to Lots 6, 7. and 0 and water and wetland
impacts adjacent to and along the eft of a pond located at the subject
site have occurred without the receipt of a 401 Rata 01ality
Certification in violation of IM 17CAC 28 .0500 and section 401 of the
Clean Water Act.
The Division of Water Quality requires immediate abstatment of the
impacts to this riparian soon. The above cited viclatic" and nay futwe
or additional viola<tiaos may result in civil pe"Ity assessment of up to
$10,000 per day for each violation. The Central office Wetland /40i
Certification Croup-will detail the issues ouoaem z3g the issuance oaf the
401 Certification fox this project in an additional letter.
You are required to rsspOrA to this notice in writing within 10 days
of its receipt. Your responds should be directed to Mr. ]Gan Scbmter,
Regional gvparvisar, 1628 Mail Centex, Ralsi9b, Y.C., 27699-2625. Visas
Specifically address why these activities transpired despite DMQ Staff
c0n4uetin9 Site visits to COM1rae the stream locations and associated
buffer pcotsetion. In addition, detail what efforts will be undertaken
to restore the vegetative buffer.
Thank yva for your attention to this sinter and be advised that the
Raleigh Regional office is ceosideximg recommending an enfoz t action
be parried for thaw violations. Please thoroug2ily aefdrsan the above
wentioned issues is your response and provide any additional inforuatioa
that you wish to provide. If you have any guestivns regardiM this
Notice or need additional inforsatiae please contact mue at 939-sn-4700.
. AID
.
nth schusrez
Regional supervisor
' a: Central/BRIO riles
MC DMQ Metl=W401: Danny Ssith
HC DI4zJohu Roiley
ACOR:Todd Tagwell
' make Canty: Jacks Taylor
b?:1ahrlet , fortabrs9\hartpins .err
I Aup* 4,1999

NC avi" dfwow Qwmy
MW btr. Jeir Dftwy
VW
>? 19.rlty.rlet.ltelYv.eeCa.urratty
norW Dmw.
M lift to W N w. m $"of Hetltya Ft^ = dw woven at " llwk 5e ftm t okmaat
and bOoe Mwmegy, devdop?e dtbe prgJ.at.
In n9mm to mmoemi n a by eo ft* tt?cdio5 rMeeW* mor Im 1 Anwh R the o*mn end dei*m Im
o?oed b r+ueon baw watLad? ss close o pas s m t oondtioo? Ib3r remoretko wi mm et
r+q?rerd by ? S4de b blotb+ri? m?moe:
Mw "mintate era to be soft wlll ba 9.300 mpm bat
71s erne wpi M j+ybd a tfie eti51a1 wstltld ekratim
NdM ties epedee w1U >M pl¦?ted at the nM ot400?er sore is 1 to 3 pUoa ?
No am *mm 306 ea me *uW dM k pphowl ?' 4wa Adb ? Bold Gypr at
rmftwm Dove[ bedate J mwy 1, 2000
M wpkw lenet order Knolls vs y Read wilt be w an to no *min ? watb od
Zbwe tbmgwwM be 1D eooordence with the plan rubslKed b tl?e 3taN by Eire QJ11o0oe t Aroofege a
A%v* 2, ;999.
Ifya 4m'* soy mulpaw,d 900*0 of rogt*o Avd w bb"M m plow 10 we lamw.
Mtdc" Deslp O=p, %IL
9eeve 1'nm1c, Ast,A
cc.- ?&. Todd 21g"m
u3mcoB

1 CL SuIWC - Cary, MC 511. M-w 19 iU4M;: PM off MM'
SEP-24-2002 12:05 FROM M-WETLANDS 9197336893 70:96469467 P:2,*5
State of North Carolina
Department of Environment
and Natural Resources
Division of Water (duality -
James S. Hunt. Jr.. Governor
Wayne McDevitt, Secretary
Kerr T, Stevens, Director
A&74 0 ,
NCDENR
NORTH CARCUM DEPARTMENT CR
ENvinoNMWT AND NXIJRAL RESOUACU
August S. 1999
Wake County
D WQi Project # 990016
Approval of 401 Water Quality Certitlcatiotl
Mike Methany
Heritage Pius
3500 Regency Parkway
Cary. NC 27511
Dear Mr. Methany:
You have our approval, in accordanet; with the attached conditions, to plate fill material in 0.477 acres of
water for the ptupose of construetiq a ratitement community at heritage Pines at SR 1617 new Carpeow, NC.
as you described in your application dtdod December 2o, 1998 with the rinai site plao dared June 23.1999. After
reviewing your application, we hive deckW that this fill is covered by General Water Qaality Certification
numbers 3101.3103 and 3108. This Certificate allows you to use Nationwide Permit Numbers 12. 14 and 26
when the Corps of Engineers issues them. M approval is also valid for tbo Nose River Buffer Rules (15A
NCAC 2B .033). In addition, you should got any other federal, state or local permit before you go ahead with
your project including (btu not limited to) Sediment and Erosion. Coastal Stotluwater. Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 of CAMA spires
unlem otherwise spcciF'itd in the General Certirieation. '
'Iris approval is only valid for the parpese and design that you described in your application. If you
change your project. you must notify us and send as a new application. If the property is sold, the new owner
must be gives a copy of this Certification and approval letter and is thereby responsible for eomplyics wit all
condition.(. If total wetland fills fnr thin pmojert (now or in the forure) &vr r-d one acre, cornpatsatory R%itlg:ttion
may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid, you awst follow the
conditions listed in the attached Certification. This approval shall expire when the cor=pondiag Nationwide
Pertttit expires or as otherwise provided in ft Ge term Certification.
1. t earl nutificatiom or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands tad waters; or
areas within 50 fat of al) streams and ponds to notify the state in order to assuro compliance for future wetland undlor
water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the ityww= of the 404
Permit (whichever coma first).
2, An additional condition is that siormwaw OW] be directed to sbecttlow at noncrosive vclocitm thrqugh the prot*"ted
anream huffcm
3. WcilamU Shown on the June 23. 1499 map pmpnucd by Giticcc= and Assmiates and shown as ama 11, Kee? and am 8
shall nut be impacted.
4. The 0.22 wetland are shown on tilt August 2, 1999 map from Gilkrce and ALsociates between lots 3 gad 10 shall be
ttstoted or created by adjaotit grading. removal orunpermitted fill and back fiWng of topsoil to the origlaal elevation
Division of Water Quality • Environmental Sciences Brandt
Envlro. Sciences Branch, 4401 Reedy Cr*4* Pd. Raleigh. NC 27607 Telephone [phone] FAX ! 733.M
An Equal opportunity Affirmative Action Employer • SO% reoyele&I0% post consumer paps r
SEP-24-2002 12:06 FROM I)WO-4ETLA DS 9197336893 TO:9B469467 P:3/5
and planting of native tree species by January 1. 2M ax described in the August 11. 1999 Iota from Site Scapes Ihsipt
Group. int. DWQ shall be topicd on an wbuilt plan for this site by January 15, 2000.
5. Tbc Alston Avenue impact is not permiued at this time. A separate application will be requited who construction of this
mad is unmiacnt
If you do not accept any of the conditions of this Ceru lication. you may auk 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 wtitten petition
which conforms to Chapter 150B of the North Carolina General Statues to the Office o??fAdministrad" Bearings.
PO Sox 27447, Raleigh, NC 27611.7447. This Certifcadoo and its conditions are Nutt and binding lidless you
ask for 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 john Domey at 919-733-9646.
Siactmly,
Kerr T. Stevens
Cc: Wilmington Corps of Engineers
Corps of Engincers Raleigh Field Office
Raleigh DWQ Regional Office
John Donley
Central Files
Kaleigh Division of Land Resources
Jay Gilleece, Gilleece and Assoc.
Steve Prusik, Site Scapcs Deign Concepts, Inc.
9900I6.Itr
March 18, 2005
S&EC Project # 05-2939.w2
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Heritage Pines Subdivision, Cary, Wake County, NC
Dear Mr. Tugwell:
On behalf of the owner, K. Hovnanian Homes of North Carolina, Inc., we are providing you notice of the
owner's intent to stop additional work on a portion of the subdivision until the Individual Permit is
approved by your office. The owner intends to stop work on all proposed residential lots within Phase 5
that are located in areas that previously contained jurisdictional wetlands or waters. The attached drawing
shows the approved wetland delineation overlaid on the proposed Phase 5 lot layout. No additional work
(except possible erosion and sediment control measures required to stabilize the site) will occur in the
location of lots 176, 177, 180, 181, 182, 183, 184, 185 and 186. Also, no additional work will occur on
the section of the proposed street that fronts lots 181 to 185. Work will continue on the remainder of
Phase 5 in locations that did not previously contain wetlands or waters. We are currently working on the
draft application for the Individual Permit and expect to have it ready for your review soon. It is the
owner's intention to ensure full compliance with wetland regulations.
Please call me if you would like to discuss.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Attachment: Phase 5 Heritage Pines Site Plan
Cc: Mark Miller, Land Development Manager, K. Hovnanian Homes of North Carolina, Inc.
HERITAGE PINES SUBDIVISION
PHASE 5
Heritage Pines Subdivision March 18, 2005 S&EC Project # 05-2939.w2
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Regulatory Division
Action ID. 200520456
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
March 28, 2005
Mr. Mark Miller
K. Hovnanian Homes of North Carolina, Inc..
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
Dear Mr. Miller:
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APR - 12005 U'
' Please reference your permit application of February 14, 2005, for Department of the Army
(DA) permit authorization for impacts associated with the extension of Louis Stephens Drive within
Heritage Pines Subdivision, located east of Carpenter Upchurch Road, and south of Morrisville
' Parkway, in Cary, Wake County, North Carolina. The site is adjacent to an unnamed tributary of
Crabtree Creek in the Neuse River Basin. Your application requested authorization for impacts to
256 linear feet of perennial stream channel and 0.484 acres of wetland.
' On February 22, 2005, Mr. Todd Tugwell with the Raleigh Regulatory Field Office
attended a meeting on the site with Mr. Todd Preuninger with Soil & Environmental Consultants,
Inc. to review the proposed work. Prior to the meeting, Mr. Tugwell determined that nationwide
permit authorization had previously been provided to the former developer of the subdivision, Mr. J.
Michael Edwards, for impacts totaling 0.913 acre of waters of the U.S. associated with Phase 1 of
' the subdivision. During the meeting, Mr. Tugwell discovered that you have already constructed
several additional phases of the development, or are currently in progress. Based on maps obtained
from Soil & Environmental Consultants, Inc., it appears that the construction of roads, lot fill, and
sewer lines required for the additional phases of the development have resulted in the loss of 0.956
' acre of waters of the U.S. and approximately 180 linear feet of perennial stream channel, and
temporary impacts to 0.1 acre of wetlands. These activities, conducted in waters of the United
States without authorization by a DA permit, are a violation of Section 301 of the Clean Water Act
(33 U.S.C. 1311).
We also received a letter dated March 18, 2005, submitted on your behalf by Mr. Bob
' Zarzecki with Soil & Environmental Consultants, Inc., which states that it is your intention to cease
all on-going work in areas containing waters of the U.S. within unfinished portions of Phase 5 of the
development. The letter stated that Soil & Environmental Consultants, Inc. is currently preparing
' an after-the-fact individual permit application for the unauthorized activities. Please note that our
acceptance of an after-the-fact permit application does not imply, by the Corps of Engineers or other
agencies, either a favorable or an unfavorable opinion of the work performed. Please note that
' CERTIFIED MAIL
RETURN RECEIPT REQUESTED
-2-
while you pursue after-the-fact permit authorization for impacts associated with the development,
we will suspend further enforcement actions pending the outcome of your permit request.
Also, please be aware that your individual DA permit application will be evaluated in
accordance with procedures established in a Memorandum of Agreement (MOA) between the
DA and the US Environmental Protection Agency (EPA), signed on February 6, 1990. The
MOA clarifies the type and level of mitigation necessary to comply with the Clean Water Act
Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to minimize impacts on waters and wetlands; and finally,
compensating for any remaining unavoidable impacts to the extent appropriate and practical. To
comply with this MOA, you are required to provide the following information in support of your
after-the-fact permit application:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Your application
must contain information regarding any other alternatives, both on and off site, to the work for
which you have applied, and demonstrate that your selected plan is the least damaging to aquatic
resources.
b. It is necessary for you to have taken all appropriate and practical steps to minimize losses to
waters of the U.S. Documentation submitted in support of your permit application must indicate
all that you have done; especially regarding the modification of plans and proposed construction
techniques, to minimize adverse impacts (i.e., to reduce the discharge of fill material into waters
of the United States as much as practicable). Your response should address alternate site designs,
which may result in reduced impacts to the aquatic environment.
c. The MOA requires that appropriate and practical mitigation (e.g., restoration, enhancement,
and/or preservation of wetlands and stream channels) will be required for all unavoidable adverse
impacts remaining after all appropriate and practical minimization has been employed. Please
note that mitigation may be required for all direct and indirect impacts that result in a degradation
of the aquatic resources on site.
Please submit your completed after-the-fact permit application to the Raleigh Regulatory
Field Office no later than April 27, 2005. If additional time is required for restoration of the site
or to prepare your permit application, you should contact my staff with a request for an extension
of time, providing justification(s) for the delay. Please be reminded that no further work within
wetlands or waters can occur on your property until this matter is resolved. Such work, without
authorization by a DA permit, will be considered a willful and intentional violation of the Clean
Water Act, and may result in referral of this matter to the U.S. Attorneys Office for appropriate
action.
-3-
With regard to the proposed construction of Louis Stephens Drive, we have determined
that the proposed road is a separate thoroughfare. Therefore, we consider it as a separate project
for the purposes of DA permit requirements. Since the road's construction will benefit the
surrounding community and the Town of Cary will take over maintenance following its
construction, it is necessary, that the Town of Cary apply for these impacts separately.
Accordingly, the Town of Cary can submit an application for the road before we resolve the
violation at the subdivision. We are forwarding a copy of this letter to the Town of Cary so that
they may take appropriate action in this matter.
Please contact Mr. Tugwell, at telephone [phone], Extension 26, if you have any
questions or comments.
I Sincerely,
I U
-" S. Kenneth Jolly
Chief, Regulatory Division
Copy Furnished
I Mr. Bob Zarzecki
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
U.S. Attorney
I Eastern District of North Carolina
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Mr. Ron Mikulak, Chief
Wetlands Regulatory Section
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
1
HERITAGE PINES SUBDIVISION
DWQ - NEUSE RIVER BUFFERS
N.C. DWQ - NEUSE RIVER BUFFER IMPACTS
Buffer Impact
Site Number Impact Type Zone Impact *
(square feet) Multiplier Required*
Mitigation

Sheet 8 Z2-13 Fill Slope Zone 2 2 825 1.5 N/A
Sheet 8 Z2-14 Fill Slope Zone 2 2 77 1.5 N/A
Sheet 8 Z2-14A Stormwater 2 159 1.5 N/A
Sheet 8 Z2-15 Fill Slope Zone 2 2 5 1.5 N/A
Sheet 9 Z1-I Road 1 6,136 3 N/A
Sheet 9 Z2-I Road 2 6,669 1.5 N/A
Sheet 9 Z2-2 Stormwater 2 164 1.5 N/A
Sheet 10 Z2-4 Fill Slope Zone 2 2 431 1.5 N/A
Sheet 10 Z24A Utility 2 1,311 1.5 N/A
Sheet 10 Z2-5 Fill Slope Zone 2 2 70 1.5 N/A
Sheet 10 Z I-3 Road 1 15,391 3 46,173**
Sheet 10 Z1-3A Utility 1 1,261 3 N/A
Sheet 10 Z2-8 Road 2 3,191 1.5 4,787**
Sheet 10 Z2-9 Road 2 4,736 1.5 7,104**
Sheet 10 Z2-9A Fill Slope Zone 2 2 785 1.5 N/A
Sheet 10 Z2-9A Fill Slope Zone 2 2 1,918 1.5 N/A
Sheet I 1 Z1-2 Utility Crossing 1 1,915 3 N/A
Sheet 11 Z2-6 Utility Crossing 2 436 1.5 N/A
Sheet 11 Z2-7 Utility Crossing 2 406 1.5 N/A
Sheet 12 Z2-10 Fill Slope Zone 2 2 4 1.5 N/A
Sheet 12 Z2-11 Fill Slope Zone 2 2 23 1.5 N/A
Sheet 12 Z2-12 Fill Slope Zone 2 2 3,750 1.5 N/A
Sheet 13 Z14 Utility Crossing 1 1,791 3 N/A
Sheet 13 Z2-12A Utility Crossing 2 448 1.5 N/A
Sheet 13 Z2-1213 Utility Crossing 2 410 1.5 N/A
Total 52,312 58,064
* Impacts and Required Mitigation have been rounded up to the square foot.
** The road crossing was previously approved by the DWQ without buffer mitigation
(see DWQ Project No. 99-0016 letter dated August 8, 1999) as such we request that no
buffer mitigation be required for this crossing.
HERITAGE PINES SUBDIVISION
MITIGATION PLAN
The applicant does not believe that on site mitigation is practicable beyond avoidance to
any additional wetlands, streams and buffers. As such, the applicant proposes to make a
payment into the Wetlands Restoration Fund administered by the North Carolina
Ecosystem Enhancement Program (NCEEP). The applicant has not yet formally
requested the acceptance for this payment from NCEEP. This request will be submitted
as soon as the agencies have verified that the impacts listed within this application are
correct, have provided guidance on the feasibility of these impacts being approved, have
agreed upon the appropriate mitigation ratios, the applicant is both willing and able to
make such payment, and NCEEP accepts the requested payment. If in the case that the
applicant is neither willing nor able to make this payment once determined by the
agencies or NCEEP is not willing to accept the payment, then the applicant will propose
an alternative mitigation plan.
At this time the applicant proposes to mitigate through payment into the Wetlands
Restoration Fund for all permanent perennial stream impacts (297 feet), riparian (within
200 feet of a stream determined by DWQ to be subject to the Neuse River Buffer Rules)
wetland impacts (1.705 acres), and non-riparian (greater than 200 feet of a stream
determined by DWQ to be subject to the Neuse River Buffer Rules) wetland impacts
(0.702 acres). At this time the applicant is proposing a 1:1 mitigation ratio for these
impacts. No mitigation for impacts to Neuse River Buffers is currently proposed given
that it was not required by the DWQ as a condition of there August 8, 1999 approval.
However if buffer mitigation is determined to be required, then the applicant proposes
payment into the Riparian Buffer Restoration Fund. No mitigation for impacts to open
waters and other waters (excluding perennial streams and wetlands) is proposed.
Amount of stream mitigation requested (linear feet): 297
Amount of buffer mitigation requested (square feet): 58,064**
Amount of Riparian wetland mitigation requested (acres): 1.705
Amount of Non-riparian wetland mitigation requested (acres): 0.702
** No buffer mitigation is currently proposed at this time as discussed above.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps
Wetland Regulations" and dated August 13, 2001, the Corps of Engineers lists 21
specific factors that will be reviewed related to Public Interest. These factors are similar
to the "Evaluation Factors" listed on Page 8 of the U.S. Army Corps of Engineers,
Regulatory Program, Application Information document dated May 1985. These items
are as follows:
Conservation
Water Quality
Wetlands
Flood Hazard
Floodplain Value
Land Use
Recreation
Safety
Aesthetics
Historic Properties
Water Supply
Navigation
Energy Needs
Mineral Needs
Economics
Fish & Wildlife Values
Shore Erosion and Accretion
Food & Fiber Production
Environmental Concerns
Property Ownership
Needs and Welfare of the People
Responses to each of the 21 Public Interest Issues are presented below.
Conservation:
No additional impacts are proposed to the remaining wetlands, streams and riparian
buffers on the site beyond those that have already occurred or those proposed within this
new application.
Water Quality:
The construction will meet all of the local, State and Federal design requirements with
regards to protection of water quality. The two ponds on the property, while not designed
to NCDENR stormwater requirements, are expected to provide some treatment (TSS,
etc.) of stormwater runoff that enters them. Many of the other stormwater conveyances
discharge to devises that provide some form of diffuse flow or dispersed flow prior
through riparian areas prior to entering the streams. The surface waters on site are
classified by the DWQ as "C, NSW". The development will comply with all DWQ water
quality standards for class "C, NSW" waters.
Wetlands:
No additional impacts are proposed to the remaining wetlands on the site beyond those
that have already occurred or those proposed within this new application. Wetland
functions will therefore be retained within these areas.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Flood Hazard:
The site is located outside of any flood hazard areas as designated on the latest Flood
Insurance Rate Maps (FIRM) issued to Wake County and incorporated communities in
June 2004 (see http://www.ncfloodmaps.com/NewsArchives/wake prelims.htm ),
therefore flooding is not of concern. The culverts below Heritage Pines Drive have been
reviewed and approved by the local municipality to ensure the proper passage of any high
water events.
Floodplain Value:
The site is located outside the 100-year floodplain, therefore there are no impacts to any
existing FEMA designated floodplain areas. Other than the fill installed for Heritage
Pines Drive, the remainder of the wetlands and riparian area on either side of the
mainstream channel were not and will not be impacted. Floodplain functions will be
retained within these areas.
Land Use:
The proposed development owned by Heritage Pines, LLC is being or has already been
developed as a residential community. The surrounding properties are primarily
residential and institutional (Wake County Schools).
Recreation:
No public or private recreational facilities will be affected by the development and
operation of the facility. Heritage Pines offers many recreational activities (including
swimming, tennis, walking trails, etc.) within the community. It's vicinity to the
neighboring school provides easy access to the recreational facilities offered at the
school.
Safety:
All entrances to the development along state roads are already installed and meet the
standards of the North Carolina Department of Transportation (NCDOT). In addition to
the NCDOT constraints imposed for the sake of safety, there are also constraints on the
construction process by state law and the Occupational Safety and Health Administration.
Aesthetics:
The applicant does not believe that Heritage Pines will negatively the affect aesthetics of
the surrounding properties and many people may feel that this well landscaped
community enhances the aesthetics of the area.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Historic Properties:
The State Historic Preservation Office, North Carolina Listings in the National Register
of Historic Places by County document provided on their web site (see
http://www.hpo.dcr.state.nc.us/nrlist.htm) does not list any historic places within the
property boundaries. The Carpenter Historic District is located about 0.8 miles north of
the property and the Green Level Historic District is located about 2 miles west of the
property. The applicant does not believe that either of these Historic Districts will be
directly impacted by the development and may actually be enhanced in that people
moving to the area may wish to promote the restoration and revitalization of these
historic districts. The State Historic Preservation Office has not been contacted as of the
date of this application. The applicant welcomes their review and comments.
Water Supply:
The site is not in a water supply watershed. The Town of Cary provides water to the
development. The applicant does not believe that development of the site and the
resulting water needs will not adversely affect any existing off-site water supplies.
Navigation:
The wetlands proposed to receive fill materials are not located in navigable waters. No
impacts to navigation are anticipated as a result of site development.
Energy Needs:
Electrical energy for the development will be supplied by the local network as operated
by Progress Energy. The development will not generate any of its own power and will
not have energy needs in excess of normal residential development.
Mineral Needs:
Neither supply nor demand for mineral resources will be negatively affected by the
development of this site.
Economics:
Heritage Pines provides an economical active adult living community for retirees living
on fixed incomes. It is expected that these the new retirees and residents moving to the
area will promote the local businesses and economy.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Fish & Wildlife Values:
The following species have been federally listed as Threatened or Endangered for Wake
County:
Common Name Scientific Name Status
I Bald Eagle Halieetus leucocephalus Threatened
Red-cockaded woodpecker Picoides borealis Endangered
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Michaux's Sumac Rhus michauxii Endangered
Utilizing the N.C. Natural Heritage Program (NHP) database of all recorded protected
species occurrences, S&EC found that there were no occurrences of a protected species
with the project limits and no occurrences of the federally protected species listed above
within a three mile radius of the project limits.
No direct or secondary adverse impacts to federally listed species or exemplary natural
communities are expected from the construction of the proposed subdivision.
The two ponds located on the property and retained stream, wetland and riparian
corridors are anticipated to provide habitat and wildlife corridors both within and through
the community.
Shore Erosion & Accretion:
This public interest issue is not applicable to this application as the subdivision will not
affect shore erosion or accretion.
Food & Fiber Production:
The Heritage Pines subdivision will produce neither food nor fiber as part of the facility
operations.
Environmental Concerns:
Noise
No adverse impacts to noise levels in the area are anticipated from the development of
this site. It is anticipated that the older population and retirees that reside in the
community (many of which do not work and spend much of their time within the
community) will encourage noise levels from construction activities and post -
construction activities to be maintained at an acceptable level.
3
I HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
I Prevention of Contamination
All construction activities and resulting infrastructure will be in compliance with
I applicable environmental laws. No facilities are planned that have a significant risk for
production or release of environmental contaminants.
Erosion and Sedimentation
Construction at the site will be performed under an approved Erosion and Sedimentation
Control Plan to minimize sedimentation and erosion in the construction areas.
Stormwater during construction will be managed using sedimentation basins and other
control devises that will reduce the sediment load in runoff and will attenuate peak flow
rates to prevent downstream erosion.
Air Quality
No adverse impacts to local air quality are anticipated as a result of this development.
Property Ownership:
Phase 5 of Heritage Pines is currently owned by Heritage Pines, LLC. Many of the
properties within Phases 1 through 4 have been sold and currently have multiple different
property owners. Adjacent property owners to Heritage Pines are listed in Block 24.
Needs and Welfare of the People:
Providing adult housing in an area where older populations are expected to increase
addresses the needs and welfare of the people.
r4l;j
'Ecstem
.?._...... _ PROGRAM
May 18, 2005
Bob Zarzecki
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Heritage Pines County: Wake

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 1.71 0.70 0 0 0 297 15,391 7,927
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Si cerely,
Wt ' m D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
R.tor' .. M .. Prot our Stutz ???
es • NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
imap://[e-mail]:143/...
Subject: RE: Heritage Pines
From: "Tugwell, Todd J SAW" <[e-mail]>
Date: Wed, 11 May 2005 08:35:47 -0400
To: 'Bob Zarzecki" <[e-mail]>, "Debbie Edwards" <[e-mail]>
CC: "Eric Kulz \(RRO\)" <[e-mail]>, "Cyndi Karoly \(DWQ\)"
<[e-mail]>, "Mark Miller \(khov\)" <[e-mail]>
Afternoon of the 13th or any time on the 14th works for me.
Todd
-----Original Message-----
From: Bob Zarzecki [mailto:[e-mail]]
Sent: Wednesday, May 11, 2005 8:25 AM
To: Tugwell, Todd J SAW; Debbie Edwards
Cc: Eric Kulz (RRO); Cyndi Karoly (DWQ); Mark Miller (khov)
Subject: RE: Heritage Pines
Todd,
I appreciate your initial comments on this application. I will discuss them
with the applicant and we will have responses ready for out next meeting. I
will also contact EEP and see if they are willing to accept 2:1 mitigation
for all wetland and perennial stream impacts.
To All,
Given that the earliest the public comment period will close is June 9th, I
suggest that we schedule our meeting for the week of June 13th (preferably
on 6/13, 6/14 or 6/15. Please let me know if any of these dates work for
you.
Sincerely,
Bob Zarzecki
-----Original Message-----
From: Tugwell, Todd J SAW [mailto:[e-mail]]
Sent: Tuesday, May 10, 2005 8:56 AM
To: Bob Zarzecki; Debbie Edwards
Cc: Eric Kulz (RRO); Cyndi Karoly (DWQ); Mark Miller (khov)
Subject: RE: Heritage Pines
Bob-
I'can meet on the 8th or 9th. Keep in mind that the public comment period
will end on June 9, assuming the public notice goes out today (which I hope
it does). Agency comments are often submitted (faxed) toward the end of the
comment period.
Also 1:1 mitigation is low for impacts of this nature, both for streams and
wetlands. Given that the wetlands were forested and.at least moderate in
quality, it is appropriate that 2:1 mitigation be provided. The same
applies
to the stream channel impacts, which should be calculated using the stream
mitigation guidelines available on our website. Mitigation will be require
under today's standards, and because the application is requesting
authorization for all impacts including those in phase 1, I believe 2:1
ratios are appropriate for all impacts to streams and wetlands.
Unfortunately, it is likely that we will get negative comments from several
agencies due to the proposed mitigation. As for the impacts to open waters,
no mitigation was proposed - in this case I feel we can live with that given
that mitigation for open water impacts would likely result in additional
impacts to streams/wetlands.
The application does not discuss any alternatives, either on or off site.
1 of 4 5/16/2005 9:40 AM
imap://[e-mail]:143/...
We
need some narrative describing why there are not alternative site designs
that could reduce impacts, as well as a discussion of why alternative sites
in the area would not be practicable alternatives. The fact that the
development has already been constructed is not justification. Please
reference our letter of March 28, 2005, where we discuss the sequencing
requirements established by the 1990 EPA Memorandum.
Regarding alternatives, you should specifically address why it is not
possible to avoid remaining wetlands on Lots 70 and 71, and also explain why
wetlands in lots 181-186 cannot be reestablished. If it is your position
that these impacts are required for the applicant to make the site
economically viable, I recommend that you provide an economic analysis to
demonstrate this. Can just one or two of the lots be undeveloped, perhaps
183 and 184 for instance?
I recommend that you contact EEP ASAP to see if they have/are willing to
accept the mitigation requirement. If not, we need to have an alternative
mitigation plan submitted, and it will likely require that we send the
application back out on public notice if this is the case.
Also, just for clarification, in your application, you noted that the
original USACE permit was mistakenly sent to S&EC, but the original
application does list S&EC as the agent.
We can discuss these issues in more detail at the meeting.
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
work: [phone] ext 26
fax: [phone]
www.saw.usace.army.mil/wetlands/index.html
Thanks,
Todd J. Tugwell
Regulatory Project Manager
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
----Original Message-----
From: Bob Zarzecki [mailto:[e-mail]
Sent: Tuesday, May 10, 2005 7:35 AM
To: Debbie Edwards
Cc: Eric Kulz (RRO); Cyndi Karoly (DWQ); Tugwell, Todd J SAW; Mark
Miller (khov)
Subject: RE: Heritage Pines
Todd & Eric,
Debbie is available June 7, 8 & 9 for an office meeting to discuss the
public and agency comments. Please let me know if you are available any of
those days.
Todd,
Debbie, Eric & I met at the site yesterday and went over the impacts. I
believe that they have a good understanding of the existing site conditions.
Nothing has really changed since you were there last, but let me know if you
would like to meet on site for any reason. Otherwise, I hope to see you
during the week of June 6th.
Cyndi,
I assume that you will be letting Debbie handle this one, but you're more
than welcome to attend if you can.
Thanks to all of you for your cooperation on this project.
- Bob
2 of 4 5/16/2005 9:40 AM
imap:Hdebbie. edwards%40dwq. denr.ncmail. [e-mail]:143/...
-----Original Message-----
From: Debbie Edwards (mailto:[e-mail]]
Sent: Monday, May 09, 2005 12:09 PM
To: Bob Zarzecki
Cc: Eric Kulz (RRO); Cyndi Karoly (DWQ); Todd Tugwell (USAGE); Mark
Miller (khov)
Subject: Re: Heritage Pines
Bob,
Sorry for the delay, I am available the 7, 8 and 9th of that week.
Debbie
Bob Zarzecki wrote:
Todd, Debbie & Eric:
I haven't heard back from anyone yet about a possible post-public
comment period meeting for Heritage Pines. Please let me know what
days and times you have available for this meeting during the week of
June 6th.
Thanks.
- Bob
-----Original Message-----
From: Bob Zarzecki [mailto:[e-mail]]
Sent: Monday, May 02, 2005 9:40 AM
To: Eric Kulz (RRO); Debbie Edwards (DWQ); Cyndi Karoly (DWQ); Todd
Tugwell (USACE)
Cc: Mark Miller (khov)
Subject: Heritage Pines
i
To All,
You will be receiving the after-the-fact Individual Permit for
Heritage Pines today. It is on 8 1/2 x 11 sheets as the Corps
requested. I have also provided a CD with the entire document in pdf
format to aid you in your review and records. I will attempt to
attach it to this email as well, but it may be too large of a file.
! A meeting is scheduled for 2 pm, next Monday, May 9th with DWQ (Debbie
& Eric) on site to review the impacts. You are all welcome to join us
if your schedule allows. Please contact me if you require any
additional information.
We would also like to schedule a follow up meeting once the public
comment period ends. We anticipate that you will have questions
regarding stormwater and mitigation. Please let me know what days and
times you have available for this meeting during the week of June 6th.
Sincerely,
Bob Zarzecki
-----Original Message-----
From: Bob Zarzecki [mailto:[e-mail]]
Sent: Thursday, April 28, 2005 3:59 PM
To: Todd Tugwell (USACE)
Cc: Mark Miller (khov)
Subject: RE: Heritage Pines Application - Request for Extension of Time
Todd,
Given that it's now 4:55 pm. I will not be able to get you the
Heritage Pines application today. We have had problems with the
impact maps. Long story short, the maps were created using software
that does not easily convert to AutoCAD and we had to make some last
minute modifications. I just received the converted files and my CAD
3 of 4 5/16/2005 9:40 AM
imap://[e-mail]:143/...
operator has already gone home for the day. I expect that she will be
able to make these changes tomorrow and the application should be in
your office by the close of business. Please contact me if you have
any questions.
Sincerely,
Bob Zarzecki
-----Original Message-----
From: Bob Zarzecki [mailto:[e-mail]]
Sent: Wednesday, April 27, 2005 1:40 PM
To: Todd Tugwell (USAGE)
Cc: Mark Miller (khov)
Subject: Heritage Pines Application - Request for Extension of Time
Todd,
I wanted to give you a status report on the after-the-fact application
for Heritage Pines Subdivision and also request an extension of time
of approximately 24 hours. Your letter requested it to be submitted
by April 27th. While we are about 99% complete with the application,
I'm afraid that we will not have it ready by closing today. We have
been working on modifications to the application based on guidance
from the NC DWQ received during our meeting on April 14th and
additional discussions between the 14th and 26th. I had every
intention to have it in your hands by today, but this will not be
possible due to some technical difficulties with the impact maps and
other unforeseen problems. I'll do everything in my power to have it
in your hands by closing tomorrow. Please contact me if you have any
questions.
Sincerely,
Bob Zarzecki
Deborah Edwards
Environmental Specialist III
401/Wetlands Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
[phone]
4 of 4 5/16/2005 9:40 AM
Information Package:
Heritage Pines Meeting
April 14, 2005
a) 6/6/97 Wetland Delineation
b) 11/6/97 S&EC Letter re: Neuse Buffer Determination
c) 12/4/98 Impact Map (S&EC does not have a copy of the PCN.)
d) 2/22/99 DWQ On Hold Letter
e) 3/3/99 USACE Approval
f) 7/8/99 SiteScapes Letter to DWQ re: application summary
g) 7/21/99 Notice of Violation from DWQ Raleigh Regional Office
h) 8/4/99 SiteScapes Letter to DWQ re: restoration plan
i) 8/8/99 DWQ Approval & 6/23/99 Final Site Plan
j) 3/18/05 S&EC Letter to USACE re: Avoidance of Additional Impacts
k) 3/28/05 USACE Letter re: violation
1) 4/14/05 DRAFT Impact Maps to be submitted within Individual Permit Application
I
Soil & Environmental Consultants, inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ l-ax [phone]
November 6,1997
project R 97-2939
Mike Matheny
Real Estate Development
105 Fairway Valley Ct.
Cary, NC 27511
919481-9506 (office)
919-630-9200 (mobile)
919462-8646 {far)
Re: Edward's Tract
Cary, Wake County, NC
Dear Mr. Matheny,
On November 5, 1997, Kevin Martin (S&EC, Inc. president), Steve Roberts (S&EC, Inc.
biologist), Danny Smith (N.C. Division of Water Quality) and myself visited the site known
as the Edward's Tract located in Cary, NC for the purpose of determining the extent of
jurisdiction under the Neuse Rive Basin Nutrient Sensitive Waters Management Strategy.
Mr. Smith determined that the Neuse River Basin riparian buffer rules would apply to the
following locations (see attached map):
(1) The channel section between wetland flags 148 and 163 located within the drainage
beneath the smaller of the two ponds.
(2) The channel from wetland flag 350 east.
(3) The channel north from 12 feet south of wetland flag 506.
A 30-foot undisturbed forested buffer must be placed on all sides from the centerline of the
existing channels within these regulated areas. In addition, a 20-foot buffer should be placed
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Aud
On-Site Waste Treatment Systems, Evaluation and Design
on all sides from the outer edge of the 30-foot undisturbed buffer. This 20-foot buffer may
consist of ground cover composed of trees or grass. Roads, bridges, stormwater management
facilities, ponds, and utilities an be allowed to impact these buffers where no practical
alternative exists.
Mr. Martin brought up concerns with regards to the unofficial jurisdictional determination made by
the Corps on July 9th of this year. His concerns are as follows:
(1) The pond (0.82 acres in size) located near the northwest portion of the property should not be
considered jurisdictional due to the fact that it was created for agricultural use, no channel or
wetland exists above it, no channel exists below it, and no direct connection exists between it and
the wetland below.
(2) The "channel area" (277 sq. & in size) located on the southeast end of the larger pond (3.27 acres
in size) should not be considered jurisdictional due to the fact that it was created in high-ground
and has not significantly naturalized.
A letter has been sent to the US May Corps of Engineers requesting that they review their original
determination with regards to these areas. We are currently awaiting their reply. There is no
guarantee that they will change their call, but it can't hurt to ask. However, they will not do so until
we receive an agent authorization fora signed by the current owner. Tho Caps requires this form for
final delineation approval (i.e., "sign-off 'of the wetland delineation map). Please have this attached
form signed and returned to us.
If you have any questions, comments or need further explanation please feel free to call.
Sincerely,
- Zarzecki
Biologist
,. a
411
7 .auw t 7'F
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JAMES M. EOWARDS ?*.,'!!??•..l' ::•''?'+??
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6,658 sq.ft.
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OmERN Ef RRELL
DEED BOOK 5460, PAGES 529.526,582 - \
DEED BOOK 6272, PACE 42
PLAY BOOK 1982• CAS StP?S@'p $1? L NNY SNCC1?1 tpW
PACE g41 •
THIS CCRTWCS THAT THIS COPY OF THIS PLAT ACCUQkT[1Y M'ICTS THE BOUNDARY OF THE JNRISOICTION OF SEcnON Opt
or TH[ CLEAN WATER ACS AS pETrfIN.NET1 BY tw UNDFVSQ N[p ON THIS DATE. UNLESS THERE IS A CNANi.[ It fH[ 1,tW
,v n,R PVaUS.4E:: R;Wt.AT1Co^. T1.,% 6F irhN:N4•: RC :i .'rCna„ 40+ )'IRISP,C+ION wA. Of. RELICO !rPC,w f•!v
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4
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RANOOLPH L. CHANDLER
DEED BOOK 2274, PAGE 188
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1 206.52' 3
lON, O '^``??-p GtE MoefLNC1
l LA Op /?[$•. LEASE PARCCL AND ACCESS EASEMEN rEN:E (1)p )
n ® ? OECD BOOR 6467, PAGE 210
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr,, Qovemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A
&;10 16 rAN
NCDENR
NoffrH GAROU" Or-O lTMt_NT or*
ENv1RQNMENT AND NAWUF4AL, RESOURCES
Fabnraty 22, I999
Mr. 1. Michael Edwards
1137 K Idaiire Farm Road
Cary, NC 27511
Dear Mr. Edwards:
-- ---- Itc_ - - ffmitarV. finrsTe tlrgunst cunuamsity - - - -
Web County
DWQ 4 990016
Toe Divisioa of Water Quality has reviewed your submittal for a 404!401 Permit and Neese River
Buffer rules approval for Heritage Pipes Retirement Community in Wake County. Your application was not
complete since 1) the project neap does not show the entire site and 2) an additional pond is pmscat which will need
to be buffered. Please provide information regarding the location of your project. This information is needed by
DWQ in order for us to decide whether this project is appmvable,
Please respond with three weeks of the date of this letter by sending us the appropriate informatiom If
we do ant hear from you in three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
I can be reached at 919-733-1786 if you have any questions. Until this information is received, I will
request (by copy of this latter) that the Corps of Engioeen place this project on hold Also, the project will be placed
on hold for our processing due to incomplete information (15A NCAC 2H .0507(ax4)). Your processing time will
begin once we receive a complete application. Also for a site visit, plcase contact Steve Mitchell of our Raleigh
Regional Office at 919-571-4700.
Attachment
cc: Raleigb DWQ Regional Office
Wilmington District of Corps of Engineers
Raleigh Field Office Corps of Engineers
John Dorney
Central Files
Steve Prusik. Site Scapes Design Group
Sincerely,
J R. Dorney
Quality Cunt' on Program
W
Wm,

Division of Water Quality • Non-Discharge Branch
4401 Ready Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX a 733-9959
An Equal 0,ppottunity Affirmative Action Employer • 50% recycled/10% post consumer paper

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 199920303 / 199920557 / 199920558 County:_
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICA
Property
Owner J. Michael Edwards
Address 1137 Kildaire Farms Road
Cary, NC 27511
Telephone Number 919-460-1048

Authorized
Agent
Attn: BP ob i
Address 244 West Millbrook Road
Raleigh, NC 27609
Telephone Number. 919-846-5900
Size and Location of Property (waterbody, Highway nametnumber town etc.):
The property is approximately 100 acres in size and is located on the east side of Carpenter Upchurch
Road (SR 1617), 0.75 wile south of Morrisville Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. The site is adjacent to an unnamed tributary of Crabtree Creek, above headwaters, in the Neuse
River Basin.
Description of Activitr. This permit authorizes mechanized iandclearing, excavation, the installation of
pipes, and the placement of fill associated with the construction of Heritage Pines Retirement Community.
Impacts to wetlands and waters authorized by this permit include 0.04 acre for one utility line crossing,
under NWP 12 (AID 199920303), 0.281 acre for three road crossings under NWP 14 (AID 199920557),
and 0.592 acre of impact to wetland and waters by fill under NWP 26 (AID 199920558). Impacts to
wetlands and waters total 0.913 acre.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12-14. & 26 Nationwide Permit Number(s)
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvaWpermits. The permittee may need to contact appropriate State and local agencies before
beginning work If you have any questions regarding the Corps of Engineers regulatory program,
please contact _ Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager
Date February 25,1999 Expiration Date February 25.2001 (nw.p 12 & 14)
Expiration Date September 15, 1999 (nwp 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Town of Cary
t

Land Planning - Site Design
July 8, 1999
NC Division of Water Quality
Attn: Mr. John Domey
4401 Reedy Creek Road
Raleigh, NC 27607
RE: Heritage Pines Retirement Community
Dear Mr. Domey:
Thank you for your time in the field on July 6, 1999 reviewing the wetland and Neuse River buffer
constraints for Heritage Pines. This letter is being written on behalf of the owners of the Property. There
were Concerns that were raised that need to be addressed and the owner has every intention of resolving
these concerns in an appropriate manner.
Our original wetland application was mailed to the Corps and the State on December 20, 1998. On
January 7, 19991 received a letter from your office stating that the application fee was not included as
part of our application. A check for $200.00 was issued and delivered to your office January 12, 1999.
A second letter was sent to our office on February 22, 1999 indicating that the application was once again
incanplete because the entire project was not shown and there was concern regarding an additional
pond on site. A revised master plan was prepared and delivered to your office on February 26 ,1999 by
Hugh J. Gilleece & Associates indicating wetland and buffer impacts for the entire site.
On March 3`°, 1999 we were notified of the approval of the Amry Corps 404 pemtiik During a meeting at
your offices on May 11, 1999 there were concerns raised as to the accurnulative total of impacts for the
entire she. It was our understanding at the conclusion of this meeting that by removing a secondary
Neuse River buffer crossing along the southern portion of the property, and by reducing the total ifnpacts
to the entire site to under one acre that this would satisfy the concerns of the State. Again, the Master
Plan was revised to remove this crossing, re-align a northern road around the Neuse River buffers. and
reduce the total impacts to Jess than one acre. Additionally, at this time, it was our understanding that the
State did not have any concerns regarding Phase 1 of the project. No disturbances had occurred adjacent
to the small cure-sac in the southwest corner of the property before this meeting.
During the week of June 21'x, Hugh J. Gilleece and Associates requested approval by the State to install
the sewer connection to the existing on site sewer. The State agreed and notified the Town of Cary,
which in turn gave approval to install the sewer.
104 Woodwinds Industrial Ct. Suite C - Cary, NC 27511 . Phone [phone] - FAX [phone]
July 8, 1999
Heritage Pines
Page 2
From the outset, the owners have striven to follow all applicable rules that pertain to the wetlands and
Neuse River buffers on site. Their goal is to rectify any concerns that the State may have and reach a
mutual conclusion for the benefit of all parties concerned.
We look forward to working with your office. If you have any additional questions or require further
information please let me know.
Sincerely,
SiteScapes Design Group, inc.
Steve Prusik, ASLA
SiteScapes Design Group, Inc.

f SEP-24-2602 12:06 FROM: D Q-WETLANDS 9297336893
F

TO:98469467 P:4/5
NORTH CAAOLViA DF-PARTmKN' Of
EwRON1r1mT AND NATLuRAL RESouR=s
RALZW*t R HAL Olr'FKX
July 21, 1999
-?,?ts a. etaa+r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J. Michael, Rose G., Rickey G., Gary S., and Jeanne G. Edwards
1137 Kildare Farm Road
Cary, N. C. 27511
Subject: Notice Of Violation
Recommendation for Enforcement
Neuse 9asin Rules
Heritage Pines Retirement c:otmrmity
MQ # 99-00X6
Wake County
Dear Mr. Sirs & Madam:
Our June 29, 1999, IBC. Pete Colwell of the Central office Wetland/401
Unit investigated impacts to the stream side (riparian) vegetative buffer
along an unnamed tributary to Crabtree Creek. This project is referred
to by this Office as DWQ 99-0016. Mr., Colwell observed impacts to the
Neuse Riparian Zone from the installation of a sever line that removed
tht forested vegetations along one side of the stream feature. Staff also
observed water and wetland impacta prior to the issuance of a, 401 Water
Quality Certification.
M specifically, a sever line was installed within zone One of the
protected buffer and that protective buffer was essentially removed- The
Neuse Buffer Rule requires that non.-electric utility lines which propose
to impact this zone in a pop-garpendicular pathway to meet the following
}}criterion:
1) Obtain a s3eterranation of 'no practical alternarives- to the
proposed use pursuant to Item 8 of this paragraph;
2) Obtain approval for a mitigation proposal pursuant to 15A NCAAC
2B .0242.
The impacts to the riparian vegetation referenced above is a
violation of the Reuse River Basin: Nutrient Sensitive Waters Management
Strategy; protection and Maintenance of Existing Riparian Areas,
Administrative Code T1SA:02B.0233. Any activity that would result it
water quality standard violations or that disrupt the structural or
functional integrity of the riparian area are prohibited.
In additi.oa to the Neuse Buffer violation, impacts to wetlands and
Aso s,,wFas Larva, SUMZ 24t, RALX=X, WW9,H=UWLMA "4P&p
P%40%X*1"71-4?G* PXX9J8-87l.d7t*
At, FASiwb QFtV ?K1T7! AFF1 Rf?tAT1YS AC: iflPt 6 Af?iv?ilf - 3? ftsGTGiiQPt 9'& rPit-?'M?tf lwtA rnrs T.
f
' SEP-24-2082 12:07 FROrt:DWO-WETLPhD6 9197336893 70:98469467 P:5-'5
y
Page TWO
Heritage Pines NOV
waters of the state have also occurred at this site. Road crossing
impacts, wetland impacts to Lots 6, 7, and 8 and water and wetland
ingpacts adjacent to and along the edge of a pond located at the subject
site have occurred without the receipt of a 401 Water Quality
Certification in violation of 15A XCAC 2H .4500 and Section 401 of the
Clean Water Act.
The Division of Water Quality requires immediate abatement of the
impacts to this riparian zone. The above cited violations and any future
= additional violatims may result in civil penalty assessment of up to
$10,000 per day for each violation. The Central Office WetlarxV401
Certification Group-will detail the issues concerning the issuance of the
401 Certification for this project in an additional letter.
You are required to respond to this Notice in writing within 10 days
of its receipt. Your response ahould be directed to Mr. Ken Schuster,
Regional SWervisor, 1628 Mail Center, Raleigh, N.C., 27699-2628. Pleas
specifically address why these activities transpired despite DVQ Staff
conducting site visits to confirm the stream locations and associated
buffer protection, in addition, detail what efforts will be undertaken
to restore the vegetative buffer.
Thank you for your attention to this matter and be advised that the
Raleigh Regional office is considering recomme fns an.enforcemeat action
be pursued for these violations. Please thoroughly address the above
mentioned issues in your response and provide any additional informatioa
that you wish to provide. If you have any questions regarding this
Notice or need additional information please contact me at 919-571-4700.
Sincerel ,
1. 1 -
xenneth Schuster
Regional Supervisor
Cc: Central/Rico Files
NC DWQ Netland/401: Danny Smith
NC DLQ:JOha Holley
ACOE.Todd Tugwell
Wake County:Jake Taylor
h:\nbrlet.for\nbr99\hertpine.nov
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August 4,1999
NC Division df Water Quality
Attar Mr. jam vwmy
4401 Rmdy Cis* Road
Rat4j4 NC 29607
Ims Serl4ttge Pbet liaeltwteat Cmreeinley
Dar Mr. Daaoyt
This letW is beuy wridw cn bebdf of Neritagc Piece, LLC the owoece of die Hwiosga haw Rxtire mat
Comm' NW Mire Matbayy. dt Maper o[ the prcrieat.
In rote" to OMOems n "d by d1c SWe r Vw ft waryrgds now lots 1 da a>sb a, the owner and derroloper have
tgreod Oa restore these wedaude as CIM as Pau" in tbi * orWmd t on 71ib r #cr#fim wM t+oouor m
requodod by the Stab 'ss the fellawiog mt cr:
The app=dmxta trot to be redoored wW be 9,500 opm Loot
The gran wits be graded to the wWmd
dcvz&u
Native I" aim wiD be planted At t We of40Wpcr nab la 2 w 3 pUm dw
Tto 90?0 WM bscisde W MV4 War 0*. Black Ou mr, (irm Ache & Hold CMara
No more 60 30X. of air Ow specter mull be plow
Pirating wM oowr before Jwnm y 1, 2000
Tbc Am invert uodw Knom VaIq Road wM be on an to ant dtaiq The sec1l)d
These dm*w will be In ttoowdswo with the plan rAmittod tottw Stato by Hugh J GlUeeoe & Mod" on
August 2. 1999.
If you bow soyadditiatd quoeicm or rag** 6Q*w blanmu dm please let we Imow.
Since*
ske!3apm DWP orouR lac-
Soave Prtiedi ASIA
CQ W. Todd Tugw H
t13AACOE
1 induWlW Ct 8uibr C Ct>try. NC 276! f . Pr1on4 914 442.OZ00 F 019442-0470
f
SEP-24-2062 12:05 FRom:DWQ-WETLANDS 9197336893
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality .
James 8. Hunt. Jr.. Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
T0:984G94G7
A 61F.9 OF
14
MIRTH C4ROUNA D7=PAFrrme T or'
ENVIRONMENT AND NATURAL RF_soUR=%
August 3. 1999
Wake County
DWQ Project # 990014
Approval of 401 Water Quality Certification
Mike Methany
Heritage Pines
3500 Regency Parkway
Carv. NC 27511
Dear Mr. Methany:
P:2-,5
You have our approval, in accordance with the attached conditions, to place fill matm ial in 0.477 acres of
water for the purpose of constructing a retirement community at Heritage Fines at SR 1617 near Carpenter, NC,
as you described in your application dated December 20, 1998 with the final site plan dated June 23, 1999. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
numbers 3101.3103 and 3108. This Cert{ftcate allows you to use Nationwide Permit Numbers 12, 14 and 26
when the Corps of Engineers issues them. This approval is also valid for the Neuse River Buffer Rules (I 5A
NCAC 2B .033). In addition, you should get any other federal, state or local pesmit before you go ahead with
your project including (but not limited to) Sediment and Erosion, Coastal Storrnwater. Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or LAMA expLres
Unle"s otherwise specified in the General Certification. '
This approval is only valid for the purpose and design that you described in your application. If you
Chan-l: your project. YOU must notify us and 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 eompiying wit all
conditiorm If total wetland Fall; fnr this prajerr (now or in the Al"irr_) rxcerd orre acre, compemsatory n itioation
may be required as described in 15A NCAC 2H .0506(h). For this approval to be vapid, you must follow the
conditions listed in the attached Certification. This approval shall expire when the cor=pondiag Nationwide
Permit expires or as otherwise provided in the Gencrai Certification.
1. DLod nudritations or similar mcchanisms shall be placed on all lots with remaining jurisdictional weflandsi and waters or
areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for fumm wetlww an&or
water impact. Tltebe mcclsanisms shall he put in place within 30 days of the date of this letter or the iww.nce of cite 404
Permit (whichevcr corncs rust).
2. An addiiioaal condition is that stnrmwater shall be directed to sheccDow at non rosive velocities tluourh thr PM-e--ted
siream huffcrs.
3. 'VCtlapd.? shown on the June 23.1999 map prepared by Gillccce and Associates and shown as area 11, area l MCI area 8
shall rut be impacted.
4. 'Me 0.22 wetland area shown can the August 2, 1999 trap from Gilleecx and Associates between lots 8 and 10 shall be
wstored or created by adjacent grading. mti.noval or unpersnitted fill and back filling of topsoil to the a- dfisl ekvitiOn
Division of Water Quality • Environmental Sciences Branch
Enviro, Sciences Branch, 4401 Reedy Creek Rd. Raleigh. NC 27607 Telephone [phone] FAX #[phone]
An Equal Opportunity Affirmative Action Emplaver • S01% recycied/10 ;6 post consumer paper
i"
SEP-24-2002 12:06 FROM:DWD-WEn-ANDS 9197336893
TD:98469467 P:3/5
and planting of native tree species by January 1, 2000 as described in the August 11. 1999 letter from Site Scapes Dmigtt
G"Oup. 111C. DWQ shall be copied on at, as-built plan for this site by January !S, 2000.
S. The Alston Avenue impact is not permitted at this tine. A separate application will be requited when construction of this
nuid is unmincnt.
If you do not accept any of the conditions of this Certification, you may ask for an adjudirattory 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 Statues to "the Office of Administrative Hearings,
PO Box 27447, Raleigh. NC 27611.7447. This Certification and its conditions are final and binding unless you
ask for hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. Cf you have any questions, please telephone Soho Domey at 919-733-9646.
?Sin,.eGerely, /1? Kerr T. Stevens
Cc: WilminMOn Corp. of Engineers
COTS Of Ettgi.nt t:rs Raleigh Field Office
Raleigh DWQ Rrgional Office
John Dorney
Central Files
Raleigh Division of Land Resoumes
Jay Gilleece, Gilleece and Assoc.
Steve Pmsik, Site Scapes Deign Concepts, Inc.

990016.1tr
4
Environmental Consultants, PA
Road .• Ralei£h, North Carolina 27614 • Phone: [phone] • Fax: [phone]
March 18, 2005
S&EC Project # 05-2939.w2
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Heritage Pines Subdivision, Cary, Wake County, NC
Dear Mr. Tugwell:
On behalf of the owner, K. Hovnanian Homes of North Carolina, Inc., we are providing you notice of the
owner's intent to stop additional work on a portion of the subdivision until the Individual Permit is
approved by your office. The owner intends to stop work on all proposed residential lots within Phase 5
that are located in areas that previously contained jurisdictional wetlands or waters. The attached drawing
shows the approved wetland delineation overlaid on the proposed Phase 5 lot layout. No additional work
(except possible erosion and sediment control measures required to stabilize the site) will occur in the
location of lots 176, 177, 180, 181, 182, 183, 184, 185 and 186. Also, no additional work will occur on
the section of the proposed street that fronts lots 181 to 185. Work will continue on the remainder of Phase
5 in locations that did not previously contain wetlands or waters. We are currently working on the draft
application for the Individual Permit and expect to have it ready for your review soon. It is the owner's
intention to ensure full compliance with wetland regulations.
Please call me if you would like to discuss.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Attachment: Phase 5 Heritage Pines Site Plan
Cc: Mark Miller, Land Development Manager, K. Hovnanian Homes of North Carolina, Inc.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Heritage Pines Subdivision March 18, 2005 S&EC Project # 05-2939.w2
HERITAGE PINES SUBDIVISION
PHASE 5
as
187
1dS
184
L:A
1 202 203 204 206
? no ? 208
}
}
207
199
198 208
197
209 }
19a
188 210
189 }
190 \ 211 }
191
192
? 193
194
177 175 198

212
? I
""? 175 \`?`r?
1
179
17e No Additional Work to Occur on tots
176, 177, 180, 181, 182, 183, 184,
185, & 186.

Regulatory Division
Action ID. 200520456
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
March 28, 2005
Mr. Mark Miller
K. Hovnanian Homes of North Carolina, Inc.
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
Dear Mr. Miller:
,dfa ?)139 vva
4
ply

Please reference your permit application of February 14, 2005, for Department of the Army
(DA) permit authorization for impacts associated with the extension of Louis Stephens Drive within
Heritage Pines Subdivision, located east of Carpenter Upchurch Road, and south of Morrisville
Parkway, in Cary, Wake County, North Carolina. The site is adjacent to an unnamed tributary of
Crabtree Creek in the Neuse River Basin. Your application requested authorization for impacts to
256 linear feet of perennial stream channel and 0.484 acres of wetland.
On February 22, 2005, Mr. Todd Tugwell with the Raleigh Regulatory Field Office
attended a meeting on the site with Mr. Todd Preuninger with Soil & Environmental Consultants,
Inc. to review the proposed work. Prior to the meeting, Mr. Tugwell determined that nationwide
permit authorization had previously 'ded to the former developer of the subdivision, Mr. J.
Michael Edwards, for impacts totali g 0.913 re of waters of the U.S. associated with Phase 1 of
the subdivision. During the meeting, T wvell discovered that you have already constructed
several additional phases of the development, or are currently in progress. Based on maps obtained
from Soil & Environmental Consultants, Inc., it appears that the construction of roads, lot fill, and
sewer lines required for the additional phases of the development have resulted in the loss of 0.956
acre of waters of the U.S. and approximately 180 linear feet of perennial stream channel, and
temporary impacts to 0.1 acre of wetlands. These activities, conducted in waters of the United
States without authorization by a DA permit, are a violation of Section 301 of the Clean Water Act
(33 U.S.C. 1311).
We also received a letter dated March 18, 2005, submitted on your behalf by Mr. Bob
Zarzecki with Soil & Environmental Consultants, Inc., which states that it is your intention to cease
all on-going work in areas containing waters of the U.S. within unfinished portions of Phase 5 of the
development. The letter stated that Soil & Environmental Consultants, Inc. is currently preparing
an after-the-fact individual permit application for the unauthorized activities. Please note that our
acceptance of an after-the-fact permit application does not imply, by the Corps of Engineers or other
agencies, either a favorable or an unfavorable opinion of the work performed. Please note that
CERTIFIED !MAIL
RETURN RECEIPT REQUESTED
-2-
while you pursue after-the-fact permit authorization for impacts associated with the development,
we will suspend further enforcement actions pending the outcome of your permit request.
Also, please be aware that your individual DA permit application will be evaluated in
accordance with procedures established in a Memorandum of Agreement (MOA) between the
DA and the US Environmental Protection Agency (EPA), signed on February 6, 1990. The
MOA clarifies the type and level of mitigation necessary to comply with the Clean Water Act
Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to minimize impacts on waters and wetlands; and finally,
compensating for any remaining unavoidable impacts to the extent appropriate and practical. To
comply with this MOA, you are required to provide the following information in support of your
after-the-fact permit application:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Your application
must contain information regarding any other alternatives, both on and off site, to the work for
which you have applied, and demonstrate that your selected plan is the least damaging to aquatic
resources.
b. It is necessary for you to have taken all appropriate and practical steps to minimize losses to
waters of the U.S. Documentation submitted in support of your permit application must indicate
all that you have done; especially regarding the modification of plans and proposed construction
techniques, to minimize adverse impacts (i.e., to reduce the discharge of fill material into waters
of the United States as much as practicable). Your response should address alternate site designs,
which may result in reduced impacts to the aquatic environment.
c. The MOA requires that appropriate and practical mitigation (e.g., restoration, enhancement,
and/or preservation of wetlands and stream channels) will be required for all unavoidable adverse
impacts remaining after all appropriate and practical minimization has been employed. Please
note that mitigation may be required for all direct and indirect impacts that result in a degradation
of the aquatic resources on site.
Please submit your completed after-the-fact permit application to the Raleigh Regulatory
Field Office no later than April 27, 2005. If additional time is required for restoration of the site
or to prepare your permit application, you should contact my staff with a request for an extension
of time, providing justification(s) for the delay. Please be reminded that no further work within
wetlands or waters can occur on your property until this matter is resolved. Such work, without
authorization by a DA permit, will be considered a willful and intentional violation of the Clean
Water Act, and may result in referral of this matter to the U.S. Attorneys Office for appropriate
action.
-3-
With regard to the proposed construction of Louis Stephens Drive, we have determined
that the proposed road is a separate thoroughfare. Therefore, we consider it as a separate project
for the purposes of DA permit requirements. Since the road's construction will benefit the
surrounding community and the Town of Cary will take over maintenance following its
construction, it is necessary that the Town of Cary apply for these impacts separately.
Accordingly, the Town of Cary can submit an application for the road before we resolve the
violation at the subdivision. We are forwarding a copy of this letter to the Town of Cary so that
they may take appropriate action in this matter.
Please contact Mr. Tug-well, at telephone [phone], Extension 26, if you have any
questions or comments.
Sincerely,
1
S. Kenneth Jolly
Chief, Regulatory Division
Copy Furnished
Mr. Bob Zarzecki
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Mr. Ron Mikulak, Chief
Wetlands Regulatory Section
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
-4-
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Tim Bailey
Town of Cary
Engineering Department
Post Office Box 8005
Cary, NC 27512-8005
f

519NEF1 I 11 11111111111111 IMPACTS
E vS
u

0-1 1 ->?
?I
r`
NEW POHO LOCATION

WETLANOS AREAS BASED ON MAP DONE BY JOHN R GRAPHIC SCALE 1 -100'

,` y - - 0 100 200 300
?. (H) SCALE: 1' ? f00'
HERITAGE PINES OVERALL (V) SCALE: NONE aM a 0.nlw w2
t:SUP\nP\Ph.5\rev7-If-02 " 03/28/0$

Subject: Heritage Pines
imap://[e-mail]:143/...
From: "Bob Zarzecki" <[e-mail]>
Date: Thu, 16 Jun 2005 12:45:46 -0400
To: <[e-mail]>, <[e-mail]>
CC: "Debbie Edwards \(DWQ\)" <[e-mail]>, "Eric Kulz \(RRO\)"
<[e-mail]>, "Todd Tugwell \(USACE\)" <[e-mail]>,
"Mark Miller \(khov\)" <[e-mail]>
Danny & Niki,
As per my voice message that I left with Danny yesterday, Mark Miller of K.
Hovnanian Homes has authorized S&EC, PA to inform you that they wish to
proceed with the Upfront Settlement Agreement (USA) as discussed during our
meeting on June 14, 2005. We understand that DWQ will be drafting the
initial document for our review. Please confirm via a response to this
email that you have received this request and let us know when we should
expect to receive the draft USA. As you know, we have a site meeting
scheduled for July 6th at 9 am. Do you anticipate that we will be receiving
the draft USA prior to or after this meeting? We appreciate the DWQ working
with our client to resolve the compliance issues at Heritage Pines and want
to stress K. Hovnanian's and Mr. Miller's eagerness to comply with all DWQ
and USACE regulations. Please contact me if you require any additional
information regarding this matter.
Sincerely,
Bob Zarzecki
Environmental Specialist / Raleigh Branch Manager
[phone] ext. 17
Fax [phone]
This electronic communication, including all attachments, is intended only
for the named addressee (s) and may contain confidential information. This
electronic communication may not have passed through our standard
review/quality control process. Design data and recommendations included
herein are provided as a matter of convenience and should not be used for
final design. Rely only on final, hardcopy materials bearing the
consultant's original signature and seal. If you are not the named addressee
(s), any use, dissemination, distribution or copying of this communication
is prohibited. If you have received this electronic communication in error,
please notify the sender by return e-mail and delete the original
communication from your system. Thank you.
1 of 1 6/27/2005 12:40 PM
imap://debbie. edwards%40dwq. [e-mail]. net:143/...
Subject: Re: Heritage Pines
From: Danny Smith <[e-mail]>
Date: Fri, 17 Jun 2005 10:56:59 -0400
To: Bob Zarzecki <[e-mail]>
CC: [e-mail], "Debbie Edwards (DWQ)" <[e-mail]>, "Eric Kulz
(RRO)" <[e-mail]>, "Todd Tugwell (USAGE)"
<[e-mail]>, "Mark Miller (khov)" <[e-mail]>
Thanks bob.
I will begin to draft the agreement... My thought is that I can forward you a draft
agreement shortly after our site visit on July 6th.
thanks
danny
Bob Zarzecki wrote:
Danny & Niki,
As per my voice message that I left with Danny yesterday, Mark Miller of K.
Hovnanian Homes has authorized S&EC, PA to inform you that they wish to
proceed with the Upfront Settlement Agreement (USA) as discussed during our
meeting on June 14, 2005. We understand that DWQ will be drafting the
initial document for our review. Please confirm via a response to this
email that you have received this request and let us know when we should
expect to receive the draft USA. As you know, we have a site meeting
scheduled for July 6th at 9 am. Do you anticipate that we will be receiving
the draft USA prior to or after this meeting? We appreciate the DWQ working
with our client to resolve the compliance issues at Heritage Pines and want
to stress K. Hovnanian's and Mr. Miller's eagerness to comply with all DWQ
and USACE regulations. Please contact me if you require any additional
information regarding this matter.
Sincerely,
Bob Zarzecki
Environmental Specialist / Raleigh Branch Manager
[phone] ext. 17
Fax [phone]
This electronic communication, including all attachments, is intended only
for the named addressee (s) and may contain confidential information. This
electronic communication may not have passed through our standard
review/quality control process. Design data and recommendations included
herein are provided as a matter of convenience and should not be used for
final design. Rely only on final, hardcopy materials bearing the
consultant's original signature and seal. If you are not the named addressee
(s), any use, dissemination, distribution or copying of this communication
is prohibited. If you have received this electronic communication in error,
please notify the sender by return e-mail and delete the original
communication from your system. Thank you.
1 of 1 6/27/2005 12:41 PM
,

D5 - U rI,moo
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Mr. Todd Tugwell, Raleigh Regulatory Field Office
U.S.Army Corps of Engineers
FROM: Shan L. Bryant, Pied ont Region Coordinator JUN 2005
1
Habitat Conservation Program
I)ENI - sa ?a?
DATE: 10 June 2005 WgLOMMD
SUBJECT: Public Notice for Heritage Pines, LLC for Construction of Heritage Pines Subdivision
(After-the-Fact), Wake County, North Carolina. Action ID No. 200520456
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131
et seq.).
The project includes a single-family residential development with a clubhouse, swimming pool,
tennis courts and walking trails. The applicant indicates that Phases 1-3 have been constructed, Phase 4 is
nearing completion and Phase 5 is partially complete. The majority of the impacts associated with this
permit application have been completed.. Proposed impacts to stream channels resulting from placement
of fill material, culverts, and/or riprap totals 337 linear feet (0.072 acre) of perennial stream channel,
including 40 linear feet of temporary impact. Proposed impacts to wetlands resulting from the placement
of fill material for roads, building pads, pond dams, and utility lines totals 2.407 acres for wetlands
including 0.192 acre of temporary impact. Proposed impacts to open waters resulting from modifications
to the existing farm ponds total 1.858 acres. The applicant proposes 1:1 mitigation for impacts to stream
channels and wetlands associated with the project by providing payment into the North Carolina
Ecosystem Enhancement Program (NCEEP) for the restoration of 297 linear feet of stream channel, 1.705
acre of riparian wetlands and 0.702 acre of non-riparian wetland. No mitigation for impact to open waters
has been proposed.
Unnamed tributaries to Crabtree Creek in the Neuse River basin flow through the site. There are
records for the federal species of concern and state endangered Atlantic pigtoe (Fusconaia masoni), state
threatened creeper (Strophitus undulatus), and state special concern notched rainbow (Villosa constricta)
in Crabtree Creek.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Page 2
10 June 2005
Heritage Pines Subdivision
Action ID No. 200520456
We hesitate to concur with the piping of stream channels due to the potential for long-term and
cumulative impacts. Stream piping and placing fill in aquatic resources can result in significant negative
impacts to downstream areas and eliminate fish and wildlife habitat. Stream piping reduces the
infiltration of stormwater and associated pollutants, as well as the dissipation of stream energy. Piping a
stream and placing it underground removes both aquatic and terrestrial habitat. Piping a stream channel
and filling the wetlands will alter the hydrology of the existing channel and eliminate beneficial functions.
Likewise we hesitate to concur with the filling of wetlands due to their wildlife habitat value and the well-
known beneficial functions that they provide for flood control and water quality protection. Changes in
land use from a primarily forested area to an urban landscape may exacerbate channel degradation and
sediment impacts to stream ecosystems due to increased stormwater runoff. Multiple studies have shown
that stream degradation occurs at 10% impervious (Schueler 1994; Arnold and Gibbons 1996; Doll et al.
2000; Mallin et al. 2000; May and Horner 2000; Stewart et al. 2000; Paul and Meyer 2001).
We are particularly concerned about the amount of lot fill that has occurred for construction of
this project. Generally, the NCWRC discourages filling of wetlands or productive aquatic habitat for the
purpose of creating high ground for development. Opportunities to avoid or minimize impacts to stream
channels and wetlands associated with development projects are typically addressed through the permit
process. Since the stream and wetland impacts have already occurred, avoidance or minimization of
stream and wetland impacts associated with this project has been precluded. It is unclear from the public
notice whether avoidance or minimization of impacts to streams and wetlands is possible in Phase 5 since
is it not yet completed. Additionally, it is unclear whether the applicant plans to preserve remaining
undisturbed stream channels, riparian buffers, or wetlands within the development.
It is our understanding that compensatory mitigation for wetlands is 2:1 for restoration, 3:1 for
creation, 4:1 for enhancement and 10:1 for preservation (in combination with appropriate restoration,
creation and enhancement). The Stream Mitigation Guidelines (April 2003) shows compensatory
mitigation ratios (Table 1, p. 5) for poor-fair, good and excellent quality streams. It is unclear whether the
streams impacted by this project would be classified as poor-fair, good, or excellent. Since impacts have
occurred and restoration of impacted areas is not likely (i.e., lot fill for houses which are now occupied),
we are concerned that the proposed 1:1 mitigation as payment into the NCEEP may not be adequate.
At this time, we do not feel we can adequately review the permit. In order to complete our
review, we kindly request the following information:
• Avoidance or minimization of impacts to streams and wetlands in Phase 5
• Proposed preservation of remaining undisturbed stream channels (linear feet), riparian
buffers (linear feet distance and width) and wetlands (acres) within the development
• Type of wetlands that have been or will be impacted
• Type of open water impacts that have or will occur
• Stream quality determination, if known, for impacted stream channels
Should it be determined that an adequate mitigation plan is provided and the permit is issued, we
recommend the following conditions be incorporated into the permit to fiuther minimize impacts to fish
and wildlife resources.
To minimize additional stream impacts, while retaining some measure of wildlife habitat, we
recommend that a 100-foot undisturbed, native, forested buffer along perennial streams, and a 50-
foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers
along these areas will minimize impacts to fish and wildlife resources, water quality, and aquatic
habitat both within and downstream of the project area. In addition, wide riparian buffers are
Page 3
10 June 2005
Heritage Pines Subdivision
Action ID No. 200520456
helpful in maintaining stability of stream banks and for treatment of pollutants associated with
stormwater runoff. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will
not provide the necessary and highly valuable functions as discussed for forested buffers.
2. We recommend that all remaining wetlands and streams on the site should be protected from
additional impacts by placing them in a permanent conservation easement to prohibit filling,
draining, flooding, and excavation.
3. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate
the need to fill and culvert, where practicable. If culverts must be used, the culvert should be
designed to allow passage of aquatic organisms. Generally, this means that the culvert or pipe
invert is buried at least one foot below the natural streambed. If multiple cells are required, the
second and/or third cells should be placed so that their bottoms are at stream bankfull stage. This
will allow sufficient water depth in the culvert or pipe during normal flows to accommodate
movements of aquatic organisms. If culverts are long and sufficient slope exists, baffle systems
are recommended to trap gravel and provide resting areas for fish and other aquatic organisms. If
multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during
normal flows to allow for wildlife passage. In addition, culverts or pipes should be situated so
that no channel realignment or widening is required Widening of the stream channel at the inlet
or outlet of structures usually causes a decrease in water velocity causing sediment deposition that
will require future maintenance. Finally, riprap should not be placed on the streambed.
4. To adequately protect streams, it is suggested that impervious surface is limited to less than 10%.
Suggested examples to accomplish the <10% impervious goal are using conventional designs at a
level of <10% imperviousness or using conservation clusters with higher densities, with dedicated
open space and other stormwater control measures to mimic the hydrograph consistent with an
impervious coverage of less than Me.
5. Locate sewers and other utilities as far away from creeks as functionally possible and minimize
stream crossings. It is preferable that sewers be located outside the riparian buffers.
6. A buffer of native trees and shrubs should remain or be planted around the pond(s) to provide
avian and terrestrial habitat and to reduce exposure of the water surface to sunlight. These should
provide habitat benefits that could offset those functions lost by development, partially restore
aquatic habitats, reduce exposure of the water surface to sunlight thereby minimizing thermal
pollution, and provide essential summer and winter habitats.
7. We recommend that landscaping consist of non-invasive native species and LID technology.
Using native species instead of ornamentals should provide benefits by reducing the need for
fertilizers, herbicides, and pesticides. Additionally, native species should require less water.
Using LID technology in landscaping will not only help maintain the predevelopment hydrologic
regime, but also enhance the aesthetic and habitat value of the site.
8. Specialized efforts and techniques are implemented to reduce sediment runoff from construction
activities. Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of
aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at [phone].
Page 4
10 June 2005
Heritage Pines Subdivision
Action ID No. 200520456
Literature cited
Arnold, C. L., and C. L Gibbons. 1996. Impervious surface coverage-the emergence of a key
environmental indicator. Journal of the American Planning Association 62:243--258.
Doll, B. A., D. E. Wise-Frederick, C. M. Buckner, S. D. Wilkerson, W. A. Harman, and R. E. Smith.
2000. Hydraulic geometry relationships for urban streams throughout the piedmont of North
Carolina. Pages 299-304 in P. L Wigington, Jr. and R. L. Beschta, eds. Proceedings of the
American Water Resources Association International Conference on riparian ecology and
management in multi-land use watersheds, Portland, Oregon.
Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on
bacteriological water quality in coastal watersheds. Ecological Applications 10(4):1047-1056.
May, C. W. and R. R. Horner. 2000. The cumulative impacts of watershed urbanization on stream-
riparian ecosystems. Pages 281-286 in P. L Wigington, Jr. and R. L. Beschta, eds. Proceedings
of the American Water Resources Association International Conference on riparian ecology and
management in multi-land use watersheds, Portland, Oregon.
Paul, M. J., and J. L. Meyer. 2001. Streams in the urban landscape. Annual Review of Ecology and
Systematics 32:333-365.
Schueler, T. 1994. The importance of imperviousness. Watershed Protection Techniques. 1(3):100-
111.
Stewart, J. S., D. M. Downes, L. Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian
corridors on aquatic biota in agricultural watersheds. Pages 209--214 in P. J. Wigington, Jr. and
R. L. Beschta, eds. Proceedings of the American Water Resources Association International
Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon.
cc: Cyndi Karoly, DWQ
OF W AZ' 9Q Michael F. Easley, Governor
?Q G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
© .? Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005
DWQ Project # 05-0736
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Subject Property: Heritage Pines Residential Subdivision
SR 1617 Cary, Wake County, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
On May 12, 2005, the Division of Water Quality (DWQ) received your after-the-fact application dated
May 2, 2005 to impact 2.407 acres of wetlands, 337 feet of streams, and 1.858 acres of open waters to
construct the proposed adult residential subdivision. The DWQ\has determined that your application was
incomplete and/or clarification is necessary to properly review your application as discussed below. The
DWQ will require additional information in order to process your application to impact protected,
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
It is requested that you present information addressing the current status of the conditions described in the
original 401 Water Quality Certification dated August 8, 1999:
1. Please detail whether wetland impacts in areas 11, 7, and 8, as required in August 8, 1999 401
Water Quality Certification were avoided. If these areas were not avoided as required in the
certification, please explain why they where impacted and whether any portion of these areas may
be restored.
2. Please detail whether the 0.22 acres of wetlands shown on the August 2, 1999 map by Gilleece and
Associates between lots 8 and 10 were restored or created. If these areas were not properly restored
as required in the certification, please explain why, and whether any portion of these areas may be
restored.
3. A condition of the 401 Certification was that stormwater shall be directed to sheetflow at non-
erosive velocities through the protected stream buffer. Please detail whether stormwater has been
direct to sheetflow, or if it has been conveyed into drop inlets and piped to surface waters. Please
clearly explain the diffuse flow status of this site and how you propose to resolve and/or retrofit
controls to address this issue.
4. A condition of the 401 Certification was that deed notifications or similar mechanisms be placed on
all lots with remaining jurisdictional wetlands, streams, and buffers to notify the state in order to
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetiands
one
N Carolina
Nahmally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Heritage Pines, LLC
Page 2 of 2
June 13, 2005
assure compliance for future wetland and/or water impact. Please clearly detail the compliance
status of this condition requirement.
5. While some impacts were authorized, it is apparent that actual impacts have exceeded the amount
originally authorized. Please submit a spreadsheet depicting: 1) the amount of impact, the
respective location, and the type of NW permit authorized in the original 401 Certification, 2) the
amount of actual impact and the respective location, and 3) the total amounts of impact beyond that
which was authorized and their respective locations.
[Refer to the following example spreadsheet to help you organize your response.]
Original \-%V
Permit Tj a Impact Authorized
in the Original 401 Actual Amount of
Impact Incurred Amount of Impacts
Beyond Authorized Map Polygon
Location
Stream
Wetland
Buffer
Please respond within three weeks of the date of this letter by sending this information in writing to me
and Eric Kulz and Ken Schuster of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me if you have any questions regarding this matter or
would like to set up a meeting to discuss this matter.
Sincerely,
?'?4?
??& c
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Eric Kulz, Ken Schuster, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Triage Check List
Date: 5/31/05 Project Name: Heritage Pines
DWQ#: 05-0736
Eric Kulz/Mike Horan, Raleigh Regional Office County: Wake
To: 60-day Processing Time: 5/12/05 to 7/10/05
Note that this is an Individual Permit, with the Public Notice
Received 5/12/05.
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
. Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District

Issue Date: May 11, 2005
Comment Deadline: June 10, 2005
Corps Action ID #: 200520456
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant:
AGENT (if applicable):
Authority
Heritage Pines, LLC
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
2 rnp r?
9 ko L;?' 0 W Rq- P
JUN 1 = 2005
Soil & Environmental Consultants, Inc. DENR -WATER QUALITY
Attn: Mr. Bob Zarzecki IVOW DS AND STORMWATER BUXH
11010 Raven Ridge Road
Raleigh, North Carolina 27614
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to the applicable procedures of Section 404 of
the Clean Water Act.
Location
The project, Heritage Pines Residential Subdivision, is approximately 100 acres in size
and is located to the east of Carpenter Upchurch Road (SR 1617), approximately 0.75
mile south of Morrisville-Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. Coordinates (in decimal degrees) for the site are 35.8092 ° North, 78.`8668
West. The site contains several unnamed tributaries of Crabtree Creek, and adjacent
wetlands, in the Neuse River Basin (8-Digit Cataloging Unit 03020201).
Existing Site Conditions
The project site, which is located in a suburban area west of Raleigh, has been under
development for several years. Currently, all portions of the property have either been
developed as single-family residential units, or they are under development. Phases 1
through 3 have already been constructed, phase 4 is nearing completion, and phase 5 is
partially complete. The site contains several tributaries to Crabtree Creek, along with
adjacent wetlands and two amenity ponds that were formerly farm ponds. Prior to
development, the site was abandoned agricultural fields and forestland.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide an active adult country
club residential community, marketed to adults 55 years of age and older. The
community provides a clubhouse, swimming pool, tennis courts, and paved walking trails
and sidewalks. Additional housing for the growing Cary area. The development contains
single-family residences with lots ranging from 0.15 to 0.2 acres.
Project Description
The permit request for this project is an after-the-fact application. The majority of
impacts associated with this permit application have already been completed. This public
notice does not imply, on the part of the Corps of Engineers or other agencies, either a
favorable or unfavorable opinion of the work performed. This notice is issued to solicit
comments regarding the factors on which a final decision will be based. The applicant
has agreed to place the project on hold, pending the resolution of the permit application.
Further enforcement action, including possible legal action, has been suspended pending
the outcome of this consideration.
The project is a residential development that will include construction of single-family
units, a clubhouse, swimming pool, tennis courts, and walking trails. In all, there are 5
phases of the subdivision. Continued development of the site will require extensive
clearing, grading, excavation, and fill necessary for the construction of homes, lots, roads,
stormwater facilities, and infrastructure. Heavy equipment, including graders, pan
scrapers, excavators, bull dozers, etc. will be used for the construction of the project.
Proposed impacts to stream channels resulting from the placement of fill material,
culverts, and/or riprap totals 337 linear feet (0.072 acre) of perennial stream channel,
including 40 linear feet of temporary impact. Proposed impacts to wetlands resulting
from the placement of fill material for roads, building pads, pond dams, and utility lines
totals 2.407 acres of wetland, including 0.192 acre of temporary impact. Proposed
impacts to open waters resulting from modification of the existing farms ponds totals
1.858 acres. The total impact to all waters of the U.S. is 4.337 acres. Plans included
with this notice that show the overall proposed site layout as well as the details for
impacted waters.
The applicant proposes mitigation for impacts to stream channels and wetlands associated
iMth the project at a 1:1 ratio by providing payment into the North Carolina Ecosystem
Enhancement Program for the restoration of 297 linear feet of stream channel, 1.705 acre
of riparian wetlands, and 0.702 acre of non-riparian wetlands. No mitigation for impacts
to open waters has been proposed.
2
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
June 3, 2005.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
3
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of
this proposed activity. Any comments received will be considered by the Corps to
determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest
factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, June 10, 2005. Comments
should be submitted to Todd Tugwell, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
4
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x Please note that this pond along the western property
line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
was an open field.
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
USGS TOPOGRAPHIC D1AP
SID # 200520456 Wake County, North Carolina
eritaae Pines, LLC May 11, 2005
500 Recency Parkway Sheet 2 of 17
Cary, NC 27511
SEE SHEETS 1-6A FOR WETLAND IMPACTS
SEE SHEETS 7-13 FOR BUFFER IMPACTS
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PLAN VIEW
AID#200520456 Wake County, North Carolina
Hugh J. 0111@eC? and As Heritage Pines, LLC May 11, 2005
876 Wm'r*A stre t sane 360 cary, Nc Pt o <flto)aeo-root 500 Regency Parkway Sheet 3 of 17
Cary, NC 27511
1 *ie WETLAND IMPACTS
+t° 1 Wii- 4.012.41 sf
W13- 1.397.60 sf
O W17- 12, 748.47 sf
M O TOTAL THIS SHEET: 18.15B.48 sf
O 1
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CHANNEL IMPACTS
1 1 C6- 314.82 sf
1 C7- 831.45 sf
1 TOTAL THIS SHEET: 1,146.27 sf
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IMPACT DETAIEL
F, U h J_ G, II4_ a and Asa a1D # 200520456 Wake County, North Carolina
g Heritage Pines, LLC May 11, 2005
875 wahut Street Butte 360 Cary, NC Phoneo- (9to)40o-= F 500 Regency Parkway Sheet 4 of 17
Cary, NC 27511
D
C
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318
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OPEN WATER AREA IMPACT
OLD AREA- 35.720.66 sf
NEW AREA- 23,069.Oi sf
DIFFERANCE- 12.631.65 sf
316
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
HU!gh ".J. Gilleece and Asp Heritage Pines, LLC May 11, 2005
8745 wak,&A street Butte 3150 Cary, NC Fhorwe (")4ao-trot 500 Regency Parkway Sheet 5 of 17
Cary, NC 27511
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ti15- 857.53 sf E
W16- 1. 655.51 s f
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IMPACT DETAIL
AID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Huoh J. Gtlt@PCe and 116IE3>= 500 Regency Parkway Sheet 6of17
875 wak-AA 8treat Buse 360 Cary, tic Ptvc- (2=)40Q'-not i Cary, NC 27511
J
CKAN &_L WPACTS
C1-597.95 sf
C2-1,180.51 st
cz 170 "drdi Hain
TOTAL. THIS SHEET, 2.207.68 sf
i
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W1-1.124,04 $f
W2- 2,71411 Sf
WZA• $6US sf
W3.869.76 st
W4- 417.84 51
TOTAL THIS SHEET. 6.02521 sf

IMPACT DETAIL
.................... ............ _...._...._. ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
} Lf (;:1 Z J s,? e c, e 0 r, 0 f,3 S; 500 Regency Parkway Sheet 7 of 17
175 v ...Os ..1*e X") cw-,. r;, t?fa ct- -,tug F, Cary, NC 27511

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1%I.V 1,52425sf
1."o- 3,512-46 sf
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TOTAL. TKS SHEET- 1' 0.973-05 st
IMPACT DETAIL
??' ?' : r c - c = AID # 200520456 Wake County, North Carolina
- Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 8 of 17
Cary, NC 27511

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CHANNIEL IMPACTS
W7- 20,274,16 sf TOTAL LF OF
k78W7A- - 1,261.66
9233..51 51 sf S f CL CHAI NEL- 254.96 If
W8-569.42 sf
W9 16, 449.79 sf
W9A- 1.392.72 sf
W99- 1.1586.03 5t
TOTAL THIS SHEET: 42.557.47 sf
CHAKN-IEL IMPACTS
G4 2,642.32 s t
C5- 92.87 sf
TOTAL THIS STET: 2.735.19 sf
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IMPACT DETAIL.
H) # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Hugh ?.J- algid Aa 500 Regency Parkway Sheet 9of17
67:5. WakvA 8v..1 "a 300 Cory, NO Pt-jorw ;vim>aoa-not Cary, NC 27511
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IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Hu h J. CailIe4CP and AE3a Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 11 of 17
H73 Walrxst Strewt 9utts --460 Caty, NC Ptsone+ tsril4aQ-not F Cary, NC 27511

` 1\
BUFFER ZONE 2 AREA IMPACT
4'2-13= 8,24 E3 s}
423 S!
TOTAL MIS SHEET: 103.56 sf

LAIPACr DETAIL
_ Y 4 „ J JD it 200520456 Wake County, North Carolina
=mar _ . , - _ - - Heritage Pines, LLC May 11, 2005
500 Regency Parkway Sheet 12 of 17
-"- - Cary, NC 27511
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BUFFER ZONE 2 AREA IMPACT
Z2-1- 6.663.77 sf
Z2-2- 163.13 sf
TOTAL THIS SHEET: 6.831.90 sf

f

A/W -,--

BUFFER ZONE I APEA IMPACT
Zi-1* 6,135.97 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Hu } `?I_ Gllleacc? and ,L?gf Heritage Pines, LLC M2005
?gt??j 500 Regency Park arkway Sheet 13 of 1
17
075 WY.Y. Mre+t "o 360 Cary, WC Pt- (QVXCQ-= Cary, NC 27511
-1120

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Z2-5A- la4l8 sf
- u- 1.3.7-61 s'
TOTAL THLSS7-=tT 12,33 19 sf

- --A \MM\
c2 =-3!=42 s1 TOTAL TKS SHEET: 16'E52-02 s!
Eii tER NE 2 AREA ?f PAcT EUFF-ER ZU;E 1 AR wPACT
Z24=430-45 sf Z1-3= 15.390 sf
ZZ.4A 1,313.19 s1 21-3n= 1Z61- 10 sf
Z2-5-- 53.70 sf
f J,
i
BIPACT DETAIL
AID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
- ' 500 Regency Parkway Sheet 14 of 17
-` Cary, NC 27511
121

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1
BUFFER ZOW 2 AREA IMPACT
Z2--5- 435.35 sf
22-7- 405.31 sf
TOTAL THIS SHEET: 840.56 sf
?' 1 l 136
_ _ _ _ 20}' ,sew. slwErt ?sr.rr.
Z2-7 137
138
®rt5w,
r
139
9
BUFFER ZONE 1 AREA IMPACT
Z J-2- J.914.97 sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Huc„?.. h J. ?I??E?E?`CE? and As 500 Regency Parkway Sheet 15of17
875 Watrwt Street "a 060 OM+. NO Ptxar--w (9v)409-= Cary, NC 27511
Huoh ?-)- ?iileece and Aaf
875 WakAA SSsst suss 360 Cary. NO Ph«ww CQV>400-M
BUFFER ZONE 2 AREA IMPACT
Z2-10= 3.60 st
Z2-11a 22.48 sf
Z2-12= 3.749.65 sf
TOTAL THIS SHEET: 3.775.93 sf
BUFFER 70NE 2 AREA UPACT 13UFFER ZONE 1 AREA IMPACT
Z2-12A- 447.38 sf Z1-4. 1.790.67 5f
Z2-128n 409.57 sf
TOTAL THIS StET: &55.95 Sf
IMPACT DETAIL
ID # 200520456 Wake County, North Carolina
Heritage Pines, LLC May 11, 2005
Hugh .-). Gllt@GGP aLr-ici Aas 500 Regency Parkway Sheet 17 of 17
875 Wafx+t attest t3 * 3w Cary, No Ftwrww (ma)4eo-nm i Cary, NC 27511
o LnAIJ JUJU , Q9,rNL 0-50736
Soil & Environmental Consultants, PA
11010 Raven Ridge Road. • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
May 2, 2005
S&EC Project# 2939.W2 .
To: US Army Corps of Engineers
Raleigh Regulatory Field Office .
Attn: Todd Tugwell
e508 Falls of the Neuse Road,. Suite 120
Raleigh, North Carolina 27615
N.C. Division of Water Quality
401 Oversight and Express Permits Unit ,
Attn: Cyndi Karoly , F e
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 276042260
From: Bob Zarzecki
Sod & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614

Re: Heritage Pines, Cary, NC - "ARer-the-Fact" Individual Permit Application
On behalf of the owner, Heritage Pines, LLC, please find attached a complete application and
supplemental information requesting an individual Permit from the U.S. Army Corps of Engineers
(USACE) and an individual Certification from the N.C. Division of Water Quality (DWQ). Please
contact me at (919) 846-59W if you have any questions or require additional information.
OWN [Pr r Al IMMARY
,F
Project Name Heritage Pines
Project Type Adult Residential Subdivision
Owner / Applicant He ' e Pines LLC
'County Wake
Nearest Town Ca
Waterbody Name UT to Crabtree Creek
Basin / Sub-basin 03-04-02 .
Index Number 27-33-(1)
Class C. NSW
wom-T CI IMMARY
Stream Impact (acres): 0.072
Wetland Impact (acres): 2.407
Open Water Impact (acres): 1.858
Total Impact to Waters of the U.S. (acres) 4.328
Total Stream impact (linear feet): 337
Attachments: ! "' a
individual Permit Application Form & Block Shea%
ent Authodmtion
A
1
g ,
v
Cary, NC - USGS Map
Wake County Soil Survey Map
Site Photos
Impact Map Sheets
Prior Project Hlatoq? (Including wetland delineation, wetland data form, ebo., Past approves, air-)
Nam Butner Impacts
M4ipatlon Plan
Pubic Interest Issues
$475 Application Fee to DWO
' Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawadale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
050736
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
f33 CFR 325/ Expires December 31, 2004
The Pubic burden for this collection of information Is sestimated to average 10 hours par response, although the majority of applications should require
6 hours or Mss. This includes the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and
complating and reviewing the collection of Information. Sand oonxrwnts regarding this burden estimate or any other aspect of this collection of
Information, includrg etggestions for reducing this burden, to Department of Defense. Washington Headquarters Service Direacrars of Information
Operations and Reports,, 1216 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the OfNa of Management and Budget,
Paperwork Reduction Project (07104)003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for (sift to comply with a collection of Information If it does not display s curr?htiy valid Oise control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications resist be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authoritles Rivers and Harbors Act, Section 10, 33 USC 403; Clem Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Senctuarles Act, 33 USC 1413, Section 103. Principal Purpose: Infarnatien provided on this torn will be Load In evaluating the application for a
pemit. Routine Uses: This information may be shred with the Department of Justice and other federal, scan, and boat government agencies.
Submission of requested information Is voluntary. however, If information is not provided the permit application cannot be evelua»d nor can a permit
be lasuea.
One set of original drawings or good reproduoible copies which show the location and chracter of the proposed activity must be attached to this
application bee sample drawings and instruction) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activtty. An application that Is not completed In full will be raturned.

1. APPLICATION NO. 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED

IS.: APPLICANT'S NAME
Heritage Pines, LLC 8. AUTHORIZED AGENT'S NAME AND TITLE (wnayw?tar?orrwadndl
Soil & Environmental Consultants, PA
6. APPLICANT'S ADDRESS
Attn: Mark Miller, Project Manager
3500 Regency Parkway, Cary, NC 27511 9. AGENTS ADDRESS
Attn: Bob Zarzecki, Environmental Specialist
11010 Raven Ridge Road, Raleigh, NC 27587
APPLICANT'S PHONE OS /AREA COD 10. AGENT'S NE NOS, W CO
a Residence n/a
b. Business (919) -462-0070 a. Residence n/a
b. Business . [phone]
11. STATEMENT OF AUTHORIZA71ON
I hereby authorize, * See Attached Authorization to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental Information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE hw.rwrua*m!
Heritage Pines Residential Subdivision
13. NAME OF WATERSODY. IF KNOWN a fAm&Ahw ( 14. PROJECT STREET ADDRESS x.Apr.. w
UT to Crabtree Creek, Neuse River Basin 11
15. LOCATION OF PROJECT
Wake NC
2000 Heritage Pines Drive
Cary, NC 27519-7132
COUNTY STATE
15. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (m*k err www
!35.8092787 N, 78.8668772 W
17. DIRECTIONS TO THE SITE
Heritage Pines S/D is located on the east side of Carpenter-Upchurch Road (SR 1617) 0.8 miles-
south of Carpenter, NC. From Raleigh take I-40 West to Exit 285; turn left onto Aviation
Parkway; Aviation Parkway becomes Morrisville-Carpenter Road; continue to Carpenter, NC; Turn
left onto Carpenter-Upchurch Road; Turn left onto Heritage Pines Drive to enter the site.
ENO FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
A
' 18.. Nature of Activity (o.eatp,? a py?, k,cYM" d ra.n,rav
See "Block 18" attached.
19. Projsd Purpose rDwvM tee rnao" a prpm? w "n. pryl"cr, sw inranctiasl
See "Block 19" attached.
' USE BL0CK6 20 22 IF DREDGED ANOtOR FILL MATERIAL IS TO BE DISCHARGED
20. Reasonls)for Discharge
See "Block 20" attached.
21. Type(s) of Material Being Discharoad and the Amount of Each Tvoe in Cubic Yards
See "Block 21" attached.
22, Surface Area in Acres of Wetlands or Other Waters Filled towkw& o )
See "Block 22" attached.
' 23. Is Any Portion of the Work Already Complete? Yes 0 No IF YES. DESCRIBE THE COMPLETED WORK
Phases 1, 2 and 3 are complete. Phase 4 is near completion. Phase 5 is partially completed.
' The majority of the impacts have already occurred. See "Block 23" attached for additional
information.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here,
' please attach a supplemental list).
See "Block 24" attached.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agendas for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
See
"Block 25"
Attached.
Would include but is not restricted to zoning, building and flood plain permits
' 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information In this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
G
' SIGNATURE OF APPLICANT DATE SIG U OF AGENT ATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or It maybe signed by a duly
authorized agent If the statement In block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, schema, or disguises a material fact or makes any fake, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any fake, fictitious or
fraudulent statements or entry, shall be fined not more then 310,000 or imprisoned not more than five years or both.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 18 - Nature of Activity
The project involves the development of the Heritage Pines residential subdivision
located on Carpenter-Upchurch Road in Cary, NC. As described further in Block 23,
Phases 1 through 3 of the community have already been constructed, Phase 4 is near
completion and Phase 5 is partially completed. Approval has been received for Phase 1
from the U.S. Army Corps of Engineers (USACE; Action ID 199920303 / 199920557 /
199920558). The N.C. Division of Water Quality (DWQ) has approved impacts for the
entire development (DWQ Project No. 99-0016). However, the approval from the
USACE has not been given for Phase 2 through 5. The applicant is requesting approval
for the entire development due to modifications made to the as built plans originally
submitted for Phase 1 and the other phases. Please see Block 23 for additional
information.
The activities within Waters of the U.S. that have already occurred and/or otherwise
requested within this application include the discharge of fill into wetlands, streams and
other waters for the development of roads, utilities, recreational amenities (including the
clubhouse, tennis courts, ponds, etc.) and residential lots. The only activities that have
not yet occurred are the filling of wetlands for the development of Lots 70 and 71 (see
Sheet 6A of the attached Impact Maps). These activities and the dimension of the
structures are illustrated in the attached Impact Maps.
The materials used included earthen fill to construct the base for the roads and residential
lots. The roads have been constructed to local and N.C. Department of Transportation
(DOT) standards. The roads have been paved and use curb and gutter to manage
stormwater runoff. Paving materials include asphalt and concrete. Curb and gutter
materials include concrete, metal drop inlets, reinforced concrete pipe and corrugated
metal pipe. The stream and wetland crossing for Heritage Pines Drive was constructed
using twin pre-cast concrete arch culverts (see Site Photos). The wetland crossing for
Crystal Brook Lane used a single corrugated metal pipe (see Site Photos). The residential
lots include both stick built single-family dwellings and townhome structures on concrete
slabs with concrete driveways and walks.
The materials used for the clubhouse and pool include a stick built clubhouse with an
asphalt, curb and gutter parking lot and in ground concrete swimming pool. Other
materials used in the tennis courts and walking trails include asphalt and treated timber
retaining walls. Some slopes along the pond and adjacent to these structures have been
stabilized with rock (rip-rap). See Site Photos for photographs of the clubhouse and
tennis court adjacent to the main pond.
Stormwater conveyances are constructed of reinforced concrete pipe, corrugated metal
pipe and metal drop inlets. The typical stormwater outlet structure includes a concrete
flared end, rock dissipater and possible sediment basin (see Site Photos for examples).
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 19 - Project Purpose
Project Purpose:
As stated on their website (see http://www.heritaizepinesnc.com/ ), Heritage Pines is a
unique active adult country club community marketed to adults 55 years of age or older.
Independent residential communities, such as Heritage Pines, are for seniors desiring a
leisurely, hassle-free lifestyle. This community provides a clubhouse, swimming pool,
tennis courts and paved walking trails and sidewalks. Residences range from
approximately 1,500 sf to 2,900 sf and use low maintenance materials. The yards are
also low maintenance in that they are a manageable size (single-family lot sizes range
between approximately 0.15 and 0.2 acres) and landscaping services are available. This
' all provides for a close-knit community were the residents are able to easily walk to their
neighbors and enjoy a safe, healthy and active lifestyle. The project purpose is to
complete the development of such a community at the site.
Project Need:
Active adult living communities, such as Heritage Pines, are in great demand by seniors
within Cary, Wake County and North Carolina. Resources for Seniors, Inc. (see
' http://www.resourcesforseniors.com/retcom.pdf ) lists only two active adult living
communities within their retirement community list (updated April 2004) for Wake
County. They include Troon at Kildaire and Heritage Pines. The U.S. Administration
on Aging report A Profile of Older Americans: 2002 (see
http://assets.aarp.orp-/rgcenter/ eg_neral/profile 2002.pdf ) states; that by 2030 the older
population (persons 65 years or older) will more than double to more than 70 million
' people nation wide; North Carolina ranked within the top 20 states for percent increase
in population 65+ from 1990 to 2000. Heritage Pines provides the type of community
needed by this increasing older population.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 20 - Reasons for Discharge
An interconnected street, sidewalk and walking path community design is essential in
creating an active adult living community such as Heritage Pines. The need to cross over
streams and buffers with roads is many times inevitable in developing such a design.
However, Heritage Pines was designed to limit the number of stream and buffer crossings
with roads to only two crossings. The main crossing (Heritage Pines Drive) was required
to connect the western portion of the community (Phase 1, 2 & 3) to the eastern portion
of the community (Phases 4 & 5). The stream bisects the property from North to South
and as such there is no alternative than to cross it to connect the western and eastern
portions of the property. Heritage Pines Drive also acts as a connection between
Carpenter-Upchurch Road and Louis Stephens Drive. This allows for at least two points
of access to the site from two separate road systems. This is essential for alleviating
traffic congestion on a single road and provides for multiple points of ingress or egress in
case of an emergency. This is especially important in a senior community such as
Heritage Pines.
The other road crossing (Crystal Brook Lane) of a stream occurred below the main pond.
Without this crossing Knotts Valley Lane would have only had a single connect to
Heritage Pines Drive (above the main pond). This crossing provides a second point of
ingress or egress for the residents of Knotts Valley Lane. The design of this crossing was
such that it attempted to minimize impacts to wetlands by crossing a section of the
drainage that was primarily stream channel rather than stream channel and wetlands.
The other road crossings of wetlands and waters located within the development were
required to provided access to the entire property and an interconnected street and
sidewalk system within the community as described above.
The discharges to open waters associated with the two ponds located within the
development were required to provide buildable areas for the clubhouse, tennis courts,
walking paths, and residential homes. Discharges were also required for modifications
made to the dam and outlet structures.
Discharges to wetlands and channels to construct buildable areas for residential lots
occurred and are proposed at the site. Maximizing the number of homes within the
community while still avoided as much as practicable impacts to the major stream,
wetland and buffer drainages on the site was important to supply the needed homes for
Wake County's older population as described in Block 19 - Proposed Project Purpose.
' HERITAGE PINES SUBDIVISION
BLOCK SHEETS
' BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Type of
Material
Being
Discharged Area of
Impact
(sq. yds.) Volume of
Discharge
(cubic yds.)
Sheet 2-W1 l Lot & Road Fill Headwater Forest Soil 446 149
Sheet 2-W13 Lot & Road Fill Headwater Forest Soil 155 52
Sheet 2-W17 Lot Fill Headwater Forest Soil 1419 473
Sheet 3-W 14 Lot Fill Headwater Forest Soil 1409 470
Sheet 3-W15 Road Fill Herbaceous Soil 97 33
Sheet 3-W 16 Clubhouse Fill Herbaceous Soil 194 65
Sheet 4-W 1 Lot & Road Fill Headwater Forest Soil 126 42
Sheet 4-W2 Road Fill Headwater Forest Soil 300 100
Sheet 4-W2A Pond Dam Fill Headwater Forest Soil 97 33
Sheet 4-W3 Road Fill Headwater Forest Soil 97 33
Sheet 4-W4 Utility Fill Headwater Forest Soil 49 17
Sheet 5-W5 Lot Fill Headwater Forest Soil 290 97
Sheet 5-W5A Utility (Temp.) Headwater Forest None 179 0
Sheet 5-W6 Lot & Utility Fill Headwater Forest Soil 436 146
Sheet 5-W6A Lot & Utility Fill Headwater Forest Soil 315 105
Sheet 6-W7 Road Fill Headwater Forest Soil 2251 750
Sheet 6-W7A Utility (Temp.) Headwater Forest None 141 0
Sheet 6-W7B Rock Dissipater Fill Headwater Forest Soil 102 34
Sheet 6-W8 Lot Fill Headwater Forest Soil 63 21
Sheet 6-W9 Lot Fill Headwater Forest Soil 1830 610
Sheet 6-W9A Road Fill Headwater Forest Soil 155 52
Sheet 6-W9B Road Fill Headwater Forest Soil 189 63
Sheet6A-W10* Lot Fill Headwater Forest Soil 707 236
Sheet6A-W 18 Utility (Temp.) Headwater Forest None 184 0
Sheet6A-W 19 Utility (Temp.) Headwater Forest None 426 0
Total Wetland Impact (acres) 3581
* Please note that all impacts have already occurred except for the proposed lot fill impacts at
W10-Sheet 6A.
** Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards
deep and do not account for discharge materials above this 0.333-yard assumed depth.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
' STREAM IMPACT TABLE
Stream Impact
Type of
Area of Impact Volume of
Number Stream Type of Perennial or
Material Being
(sq. yds.) Discharge
(indicate on Name Impact Intermittent? Discharged ** (cubikckyds.)
map)
Sheet 4 -C3 N/A Pipe & Fill Perennial Pipe & Soil 15 5
Sheet 5 -W5 N/A Utility
(Temp.) Perennial None 25 0
Sheet 6 - N/A Pipe & Fill Perennial 10 286 95
W7 & W7B
Sheet6A -W19 N/A (Temp Perennial None 25 0
Total Stream Impact (by length and acreage) 100
* Please note that all impacts have already occurred.
** Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and do not account for discharge materials above this 0.333-yard assumed
depth.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cont.)
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open
Water Type of Waterbody
Impact
(lake, pond, estuary, Area of Impact Volume of Discharge
Site Type of Impact
sound, bay, ocean, (sq. yds.)
** (cubic yds.)
***
Number etc.)
(indicate
on ma
C1-Sheet Lot Fill Channel 68 23
C2-Sheet Lot & Road Fill Channel 165 55
C4-Sheet Lot & Road Fill Channel 295 99
C5-Sheet Lot Fill Channel 10 4
C6-Sheet Lot Fill Channel 34 12
C7-Sheet Lot Fill Channel 92 31
OW-Sheet Pond Modification Pond 1452 1452
Pond Modification,
OW-Sheet Road, Clubhouse & Pond 6878 6878
3 Tennis Court Fill
Total Open Water Impact (acres) 8554
* Please note that all impacts have already occurred.
** Areas are rounded up to the nearest square yard.
*** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and ponds to be 1 yard and do not account for discharge materials above
these assumed depths.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled
WETLAND IMPACT TABLE
Wetland Impact
Site Number
(indicate on
ma

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Sheet 2-WI I Lot & Road Fill Headwater Forest No 50 0.092
Sheet 2-W 13 Lot & Road Fill Headwater Forest No 290 0.032
Sheet 2-W17 Lot Fill Headwater Forest No 510 0.293
Sheet 3-W 14 Lot Fill Headwater Forest No 640 0.291
Sheet 3-W 15 Road Fill Herbaceous No 520 0.020
Sheet 3-W16 Clubhouse Fill Herbaceous No 400 0.040
Sheet 4-W 1 Lot & Road Fill Headwater Forest No 230 0.026
Sheet 4-W2 Road Fill Headwater Forest No 0 0.062
Sheet 4-W2A Pond Dam Fill Headwater Forest No 0 0.020
Sheet 4-W3 Road Fill Headwater Forest No 0 0.020
Sheet 4-W4 Utility Fill Headwater Forest No 0 0.010
Sheet 5-W5 Lot Fill Headwater Forest No 0 0.060
Sheet 5-W5A Utility (Temp.) Headwater Forest No 0 0.037
Sheet 5-W6 Lot & Utility Fill Headwater Forest No 50 0.090
Sheet 5-W6A Lot & Utility Fill Headwater Forest No 90 0.065
Sheet 6-W7 Road Fill Headwater Forest No 0 0.465
Sheet 6-W7A Utility (Temp.) Headwater Forest No 0 0.029
Sheet 6-W713 Rock Dissipater Fill Headwater Forest No 0 0.021
Sheet 6-W8 Lot Fill Headwater Forest No 70 0.013
Sheet 6-W9 Lot Fill Headwater Forest No 70 0.378
Sheet 6-W9A Road Fill Headwater Forest No 60 0.032
Sheet 6-W9B Road Fill Headwater Forest No 170 0.039
Sheet6A-W 10* Lot Fill Headwater Forest No 35 0.146
Sheet6A-W18 Utility (Temp.) Headwater Forest No 50 0.038
Sheet6A-W19 Utility (Temp.) Headwater Forest No 0 0.088
Total Wetland Impact (acres) 2.407
* Please note that all impacts have already occurred except for the proposed lot fill
impacts at W 10-Sheet 6A.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled (cont.)
STREAM IMPACT TABLE
Stream Impact Average
Number Stream Type of Perennial or Impact Length Area of Impact
(indicate on Name Impact Intermittent? Stream Width (linear feet) (acres)
map) Before Impact
Sheet 4 -C3 N/A Pipe & Fill Perennial 3 42 0.003
Sheet 5 -W5 N/A Utility Perennial 10 20 0.005
(Temp.)
Sheet 6 - N/A Pipe & Fill Perennial 10 255 0.059
W7 & W7B
Sheet6A -W19 N/A ute?p Perennial 10 20 0.005
Total Stream Impact (by length and acreage) 297 (Perm.)
40 (Temp.) 0.072
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open Water Type of
Impact Name of Waterbody
Area of Impact
Site Number Waterbody Type of Impact (lake, pond, (acres)
(indicate on (if applicable) estuary, sound,
ma bay, ocean, etc.
C1-Sheet 4 N/A Lot Fill Channel 0.014
C2-Sheet 4 N/A Lot & Road Fill Channel 0.034
C4-Sheet 6 N/A Lot & Road Fill Channel 0.061
C5-Sheet 6 N/A Lot Fill Channel 0.002
C6-Sheet 2 N/A Lot Fill Channel 0.007
C7-Sheet 2 N/A Lot Fill Channel 0.019
OW-Sheet 2A N/A Pond Modification Fill Pond 0.300
Pond Modification,
OW-Sheet 3 N/A Road, Clubhouse & Pond 1.421
Tennis Court Fill
Total Open Water Impact (acres) 1.858
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
t BLOCK 23 - Is Any Portion of the Work Already
Complete?
Existing Conditions:
The project involves the development of the Heritage Pines residential subdivision
' located on Carpenter-Upchurch Road in Cary, NC. Phases 1 through 3 of the community
have already been constructed, homes and properties have been sold, residents are living
in the homes, and a homeowners association has been formed (Heritage Pines
' Community Association, Inc.). Phase 4 is near completion and the majority of the lots
that have impacted jurisdictional waters have homes constructed on them and residents
within them. Phase 5 is partially completed, rough grading and utility infrastructure has
' been completed. However, the roads and sidewalks have not yet been paved. The
applicant has decided to put all work on hold within the area of Lots 175 to 195
southwest of Louis Stephens Drive until future notice. The applicant does intend to
' complete work within the remainder of Phase 5 including Louis Stephens Drive and the
lots northeast of Louis Stephens Drive (all located outside of areas that previously
contained jurisdictional waters).
Dredged or Fill Material Already Discharged:
The activities within Waters of the U.S. that have already occurred include the discharge
of fill into wetlands, streams and other waters for the development of roads, utilities,
recreational amenities (including the clubhouse, tennis courts, ponds, etc.) and residential
lots. The only activities that have not yet occurred are the filling of wetlands for the
development of Lots 70 and 71 (see Sheet 6A of the attached Impact Maps). These
activities and the dimension of the structures are illustrated in the attached Impact Maps.
Details on the areas of impact can be found in the tables provided in Blocks 21 & 22.
Previous Agency Involvement & Approvals:
Approval has been received for Phase 1 from the U.S. Army Corps of Engineers
' (USACE; Action ID 199920303 / 199920557 / 199920558) on February 25, 1999. The
N.C. Division of Water Quality (DWQ) has approved impacts for the entire development
(DWQ Project No. 99-0016). However, approval from the USACE has not been given
for Phase 2 through 5. The applicant is requesting approval for the entire development
due to modifications made to the as built plans originally submitted for Phase 1 and the
other phases. Please refer to Block 25 for additional information concerning previous
agency involvement and approvals.
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 24 - Names & Addresses of Adjoining Property
Owners, Lessees, et., Whose Property Adjoins the
Project Site.
(The addresses of property owners whose property adjoins the project site list below were
obtained from the Wake County GIS iMAPS on-line viewer and do not include current
property owners within the project site.)
Olde Carpenter, LLC Weeks Construction Company
1933 Morrisville-Carpenter Rd. PO Box 1
Cary, NC 27519-9734 Asheboro, NC 27204-0001
R & E Johnson Family, LLC Wake County Board of Education
3510 NC Hwy 55 1551 Rock Quarry Road
Cary, NC 27519-8370 Raleigh, NC 26610-4145
Town of Cary Chandler, Randolph Lee
PO Box 8005 2740 Carpenter-Upchurch Rd.
Cary, NC 27512-8005 Cary, NC 27519-9700
Futterman, Sam L. & Suzanne Li, Jim & Hong Lin
120 Parmalee Ct. 111 Conagra Ct.
Cary, NC 27519-5313 Cary, NC 27519-6835
McEwen, Thomas P. & Patricia S. Janick, Jan M. & Helen E.
112 Conagra Ct. 110 Conagra Ct.
Morrisville, NC 27560 Cary, NC 27519-6835
McNeill, Andrew B. Jr. & Janet B. Ross, Kevin C. & Deborah L.
105 Weingarten Place 104 Weingarten Place
Cary, NC 27519-6836 Cary, NC 27519-6836
Flora Development, LLC Saye, Henry A. Jr. & Lisa F.
PO Box 3557 603 Preston Village Way
Cary, NC 27519-3557 Cary, NC 27519-5082
Morena, Margaret & Richard Lewis Sr. Ladhabhoy, Munir E. & Saeeda
605 Preston Village Way 607 Preston Village Way
Cary, NC 27519-5082 Cary, NC 27519-5082
Henderson, Joe W. & Melissa Lanahan, Michael B. & Andrea P.
609 Preston Village Way 103 Filtrona Court
Cary, NC 27519-5082 Cary, NC 27519-9551
Sundararajan, Ravichandran and Tharani,
Krishnamoorthy
105 Filtrona Court
Cary, NC 27519-9551
HERITAGE PINES SUBDIVISION
BLOCK SHEETS
BLOCK 25 - Information about Approvals or Denials by
other Agencies.
Local Approvals:
Numerous local approvals have been granted for the Heritage Pines development
including Erosion & Sediment Control Permits, stormwater, subdivision plan approvals,
and many others. These approvals have not been included within this application, but can
be provided upon request.
N.C. Division of Water Quality Compliance:
The N.C. Division of Water Quality (DWQ) has approved impacts for the entire
development (DWQ Project No. 99-0016). The approval was given after an extensive
review by the DWQ between when the initial application was submitted in December
1998 until August 1999. A detailed description of the DWQ review as well as additional
information regarding the USACE review is provided in the attached Prior Project
History section of this application (see attached) including a timeline and supportive
materials. Due to as built design changes and failure to obtain the USACE approval for
Phases 2 through 5, the new developer is requesting approval of a water quality
certification from the DWQ as part of this application.
Name:
Environmental Consiftliants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
:ni n vt l t?i ac A 7` uC nL;Dn : fitAly L h1l,
Address: S?C7C? hey /khh COW
All- d?S71

Phone: 717 ' 76&L -.
N?r?il?G ?rs _
Project Name/ Description:
Date: f1flos
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Td a T0 e.l
Field Office: 1dt-J6
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current propft owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The V - day of
t-11ar.,h;. ?GOS
This notification supersedes any previous correspondence concerning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
It klt-r
Print Property, Owner's Name Pro rty O 1's Signature
cc: Ms. Cyndi Karoly cc: Mr. Bob Zarzecki
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
CharloUA Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:. [phone]
Fax: [phone] Fax: [phone]
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line was a mapping error. No pond existed previously.
If you look at the soil survey photo you can see that it
N was an open field.
Project M: Scale: Cary, NC
269.Wt NTS USGS Quad
Project Date: Soil & Environmental Consultants, PA
Mgr.: BZ 0427.05 11010 Raven Ridge Rd.- Raleigh, NC 27614
Heritage South SID, Cary [phone] • [phone]
Wake County, NC RE Web Page: www.SandEC.com
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Project Date:
Mgr.: BZ 0427.05
Wake County Soil Survey
Heritage South SID, Cary
Wake County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Wetland Lot Fill Area near Smaller Pond; Photo Looking Northwest;
Impact No. W 17-Sheet 2
Smaller Pond; Photo Looking West; Impact No. OP-Sheet 2A
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Area Between Lots 8 & 10 Addressed In Condition No. 4 of N.C. DWQ Approval Letter
dated August 8, 1999 (DWQ Project No. 99-0016); Photo Looking Northeast from
Property Line; Pipe Inlet Collects Drainage from Off Site Wetlands South of Property;
Near Impact Number W14-Sheet 3
Main Pond, Club House & Tennis Courts; Photo Looking Northwest;
Impact Number OW-Sheet 3
Stream & Wetland Avoided Below Crystal Brook Lane Crossing & Larger Pond;
Photo Looking East; Below Impact No. W3A-Sheet 4
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Pipe at Crystal Brook Lane Crossing; Photo Looking West below Crossing;
Impact No. W3-Sheet 4
Wetland Lot Fill Behind Lot 141; Photo Looking Northwest;
Impact No. W5A-Sheet 5
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Sewer Crossing; Photo Looking West; Impact No. W5-Sheet 5
Typical Wetlands Avoided along Main Stream;
Photo Looking West from Lot 138 see Sheet 5
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Sediment Basin & Wetland Lot Fill near Lot 139; Photo Looking North;
Impact No. W6-Sheet 5
HERITAGE PINES SUBDIVISION
SITE PHOTOS
±?'. t7 . UL ' ? 1
Heritage Pines Drive Crossing; Photo Looking South; Impact No. W7-Sheet 6
Phase 5 Wetland Lot Fill Area; Photo Looking North from Heritage Pines Drive;
Area has been stabilized and no additional work will occur until permit approvals are
received; Impact No. W9-Sheet 6
J
HERITAGE PINES SUBDIVISION
SITE PHOTOS
Stream & Wetlands Avoided South of Heritage Pines Drive Crossing; Photo Looking
South; Below Impact No. W9-Sheet 6
Stormwater Discharge Below Rockport Ridge Way; Photo Looking North;
Impact No. Z2-14A Sheet 8
Abandoned Sediment Basin East of Crystal Brook Lane Crossing; Photo Looking East;
Impact No. Z2-1 Sheet 9
Stormwater Discharge from Knotts Valley Lane & off site school drainage; Photo
Looking South; Impact No. Z2-2 Sheet 9
HERITAGE PINES SUBDIVISION
SITE PHOTOS
NTY ? R
WETLAND IMPACTS
?r 1 1 W11- 4,012.41 sf
1 W13- 1.397.60 sf
OM ?p Oi 12.748.47 sf
M M 0) To TOTAL THIS SHEET: 38. 158.48 sf
M
1 I ''
3
CHANNEL IMPACTS
C6- 314.82 sf
s ip I C7- 831.45 sf
U 1 TOTAL THIS SHEET: 1.146.27 sf
M CN N
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319
318
317 i
%
3p5 3? 6
3?5
3p6 3? 4
3p? 3?3
a
OPEN WATER AREA IMPACT
OLD AREA- 35,720.65 sf
NEW AREA- 23.089.01 sf
DIFFERANCE- 12,631.65 sf
Hugh J. GUIe®c® and Associates
WM w.rxn ob oM suit aM Cary. NG P1+oew (m)4eo- f raw OM)460-7077 DMM eri- doe+pG4oD SNT:
DAM WRZ SCALE: 1'-so• 2A
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CHANNEL IMPACTS
C1- 597.95 sf
C2-1,480.51 sf
C3.129.22 sf (41.69 If)
TOTAL THIS SHEET, 2,207.68 sf
WETLAND IMPACTS
W1-1,124.04 sf
W2- 2,714.71 sf
W2A- 868.86 sf
W3- 869.76 sf
W4- 447.84 sf
TOTAL THIS SHEET: 6,025.21 sf
HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
Hugh J. Gilleece and Associates OWNBY: - JOB#:1700.00 SHT:^
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] DATE: 12/14/2004 HRZSCALE: 1'=80' `t

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WETLAND IMPACTS
W5.2621.56 sf
W5A-1,624.25 sf
W6.3,912.96 sf
W6A- 2,819.88 sf
TOTAL THIS SHEET: 10,978.65 sf
Hugh J. G i I I e e c e and Associates HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] OWN BY. - JOB : 1700.00 SHT:
DATE: 12/14-/-20-0-4--T HRZSC&E:1'=80
CHANNEL IMPACTS
W7- 20,274,16 sf TOTAL LF OF
W7A 1,261.86 sf
W78- 923.51 sf CL CHANNEL- 254.96 If
WB- 569.42 sf
W9- 16, 449.79 sf
W9A- 1,392.72 sf
W9B- 1,686.01 sf
TOTAL THIS SHEET: 42,557.47 sf
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Huoh J. Gilleece and Associates I HlW`MMNM"MAr°WA=FMKH0MAMANH°r?
8711 Wakxd Street &. Re 360 Cary, NO Phone (M)400-1101 Fun (QW)460-7637 1 DAN 9Y? - JOB t EOO ,.
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DA1612J14/2004 HRZ SCALE i •=Rn

WETLAND IMPACTS
W10.6,336.76 sf
-.O . CCG GC ..t
Hugh J. G i I I e e c e and Associates HERITAGE PINES WETLAND IMPACTS FOR K. HOVNANIAN HOMES
I875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] OWN BY. - JOB #: 1700.00 SHT:6
DATE: 12/14/2004 HRZ SCALE: 1•=80' 1 A]
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\ \\ N ? BUFFER ZONE 2 AREA IMPACT
Z2-13= 824.63 sf
\\ IV \ Z2-14= 76.77 sf
\ \\ \ \ Z2-14A= 158.25 sf
Z2-15= 4.21 sf
\ \ TOTAL THIS SHEET: 1,063.86 sf
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Hugh J. G i I I e e c e and Associates HERITAGE PINES BUFFER IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] DWN BY: - JOB #: 1700.00 SHT: Q
DATE: 12/14/2004 HRZ SCALE: 1'=60' U
D
%

IN
1
BUFFER ZONE 2 AFEA IMPACT
Z2-1= 6.668.77 sf
Z2-2= 163.13 sf
TOTAL THIS SHEET: 6.83 .90 sf

1
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BUFFER ZONE I AREA IMPACT
ZI-1- 6.05.97 sf
Hugh J. Gill®ece and Associates WUAW MM alM WAM RA V.HOVKA"Hom
476 wak" Wroot suet OW Ctry. NO MMw (M)4eW4M Flaw cote?Weo-7e?7 Dow - toe s Imm BHT: 9
DA70 VAV= HRZ SCALE: 1'=60

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BUFFER ZONE 2 AREA IMPACT BUFFER ZONE 1 AREA IMPACT
Z2-4= 430.45 sf Z1-3=15,390.92 sf
Z2-4A=1,310.18 sf Z1-3A=12,61.10 sf
Z2-5= 69.70 sf
Z2-8= 3191.42 sf TOTAL THIS SHEET: 16,652.02 sf
Z2-9= 4,735.13 sf
Z2-9A= 784.88 sf
Z2-9B=1917.61 sf
TOTAL THIS SHEET. 12,439.19 sf
Hugh J. G i I I e e c e and Associates HERITAGE PINES BUFFER IMPACTS FOR K. HOVNANIAN HOMES
875 Walnut Street Suite 360 Cary, NC Phone: [phone] Fax: [phone] OWN BY. - JOB : 1700.00 SHT:10
DATE: 12 14 2004 HRZ SCALE: 1'=60'
D
II
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Z2--6
BUFFER ZONE 2 AREA IMPACT
Z2-6- 435.35 of
Z2-7- 405.31 of
TOTAL THIS MET: . of
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BUFFER ZONE 1 AREA IMPACT
Zi-2- 1.914.97 of
I 1FMLFACMFMKW WiAN MM
I
Hugh J. Qiil®ece and Associat®s umv,_ WUAM"MB 81 Joe0Vow
876 Wak" GkVM Duff WO Cary. NO Ptmw WOMOO-'1101 F 4w ( OM00=7 QATB1tJ1 IM4 HRZ SCALE: V-60 1
11
'of

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s
-71
Z2-12 ,
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BUFFER ZONE 2 AREA IMPACT
Z2-10= 3.80 sf
Z2-11- 22.48 sf
Z2-12- 3.749.65 sf
TOTAL THIS SHEET: 3.775.93 sf
74 Z2-1?J n
Hugh J. Gilleece and HWACHPLEBUFMWA=FORKHOM VWH01M
Associates
6745 Walnut street state 360 Gary. NO PtKww (90)460 1rn Pax (M)460-7637 DWNen- JoeFVMW mfp4
DATSZW2D04 HRZ SCALE: 1*-60' 2
BUFFER ZONE 2 AREA IMPACT BUFFER ZONE i AREA IMPACT
Z2-12A= 447.38 sf Zi-4= 1,790.67 sf
Z2-12B- 409.57 sf
TOTAL THIS SHEET: 855.95 sf
Huoh J. Gilleece and Associates HWAC1EMBMFF WA=FMLHaVN"HOMES
875 wakvA Sbv t Butte 00W Cary, NC P,ormp (00>480-,roe Fe" (90)460-7637 DWN 90 - ,roe ? moom . -swP
rDATB IZ W2004 HRZ SCALE: 1'=60'
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
DATE ACTION
June 6, 1997 Wetland Delineation
November 6, 1997 S&EC Letter re: DW Buffer Determination
December 4, 1998 PCN Submitted b Applicant (Not S&EC)
February 22, 1990, DW On Hold Letter
March 3, 1999 USACE Approval
Jul 8, 1999 SiteSca es Letter to DW re: Project Summa
Jul 21, 1999 Notice of Violation from DW Raleigh Regional Office
August 4, 1999 SiteSca es Letter to DW re: Restoration Plan
August 8, 1999 DW Approval & 6/23/1999 Final Site Plan
March 18, 2005 S&EC Letter to USACE re: Avoidance of Additional Impacts
March 28, 2005 USACE Letter re: violation
Wetland Delineation (see attached) - The attached map depicts the original wetland
delineation performed by S&EC in May 1997. On 7/9/97, Todd Tugwell of the USACE
conducted an on site review and approval of the delineation. The delineation map may
have been signed by the USACE. However, S&EC does not have a copy of the signed
delineation map in our files. This delineation map was used in all previous applications
and was also used in this after-the-fact application.
S&EC Letter re: DWQ Buffer Determination (see attached) - The attached letter
describes the Neuse River Buffer determinations performed by Mr. Danny Smith of the
DWQ on November 5, 1997. S&EC does not have a copy of a DWQ on-site
determination report for Mr. Smith's determinations. Please note that this letter does not
address the two ponds or the channel located within the existing Phase 5 area and east of
the main stream. Based on other DWQ correspondences provided within this application
(including the final approval), it seems clear that these areas were determined to be
exempt from the Neuse River Buffer. There is a pond shown in the southeast corner of
the property on the USGS topographic map. We do not have confirmation that this pond
was ever exempted by the DWQ. However, based on DWQ correspondence and
approvals, it seems clear that that this pond was determined to be exempt from the Neuse
Buffer Rule. Also, the wetland delineation does not indicate a pond in this location and if
you examine the aerial photograph of the Wake County Soil Survey you will also see that
this was a field and obviously a USGS mapping error.
PCN Submitted by Applicant (Not S&EC) - S&EC did not submit the original
' application for this development. The DWQ was unable to locate the file at the time that
this application was prepared and as such we cannot provide copies of the application or
additional information that may exist within the file. Based on additional
' correspondences provided within this application, it appears that the original application
was submitted to the DWQ on December 20, 1999 by Mr. Steve Prusik of SiteScapes
Design Group, Inc. on behalf of the owner at the time, Mr. Michael Edwards. S&EC has
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
obtained a paper copy of the original impact map that was submitted along with the
December 20, 1999 application. We do not have a digital or 8 %2 x 11 copy of this map
and as such it was not submitted along with this application. However, a copy has been
given to the DWQ and additional copies can be provided at your request.
DWQ On Hold Letter (see attached) - The DWQ requested additional information
from the applicant and Mr. Prusik in a letter dated February 22, 1999.
USACE Approval (see attached) - The USACE approved the December 1998
application in a letter to the applicant dated February 25, 1999. This approval was only
for Phase 1 of the development. This letter was mistakenly sent to my attention, most
likely because of our initial involvement with the project. The authorized agent title
above the attention line was "blacked-out" on the copy within our file. Although we do
not have confirmation of this in the file, I assume that this mistake was corrected and that
the letter was sent to the Mr. Prusik based on Mr. Prusik's letter to DWQ dated July 8,
1999.
SiteScapes Letter to DWQ re: Project Summary (see attached) - Mr. Prusik sent a
letter dated July 8, 1999 to DWQ summarizing the project and a site meeting with Mr.
John Dorney of DWQ on July 6, 1999. This letter states that a revised master plan was
prepared and delivered to DWQ on February 26 h, 1999 by Hugh J. Gilleece & Associates
(the project engineer) indicating wetland and buffer impacts for the entire site.
Notice of Violation from DWQ Raleigh Regional Office (see attached) - A notice of
violation letter was issued to Mr. Edwards on July 21, 1999 from the DWQ Raleigh
Regional Office.
SiteScapes Letter to DWQ re: Restoration Plan (see attached) - Mr. Prusik sent a
letter dated August 4, 1999 to DWQ describing a proposed restoration of wetlands
between Lots 1 through 8 and references a plan submitted by Hugh J. Gilleece &
Associates on August 2, 1999. S&EC does not have a copy of this plan and was unable
to obtain a copy from the DWQ. This letter also states the owners to be Heritage Pines,
LLC and the developer to be Mr. Mike Matheny. This is important to note because even
though Heritage Pines LLC is still the current owner of the unsold portions of Heritage
Pines, the developer has since changed to K. Hovnanian Homes. The current developer,
K. Hovnanian Homes, has stated to us that they were not involved in these initial
discussions with the agencies.
DWQ Approval (see attached) & 6/23/1999 Final Site Plan (not attached) - The
DWQ approved the use of GC 3101, 3103 and 3108 for the entire development (not just
Phase 1) in a letter to the developer, Mr. Mike Methany, dated August 8, 1999. This
letter was copied to the USACE, Division of Land Resources, Gilleece & Associates (the
engineer) and Steve Prusik (the consultant). This letter also acted as the Authorization
Certificate for impacts to the Neuse River Buffers.
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
The letter lists five (5) items. Item 3 stated that wetlands shown as area 11, 7 and 8 shall
not be impacted. The item did not require a revised impact map to be generated for
approval. Area 11 (now impact area W9-Sheet6) has since been impacted and the
applicant is proposing to continue work on the lots and mitigate for the loss of wetlands.
It appears that areas 7 and 8 (and including 9; we believe that DWQ mistakenly either left
out 9 or included 8 instead of 9) have not bee impacted. The applicant is requesting to
impact this area (now impact area W 10-Sheet6A) within this new application.
Item 4 required the 0.22 (acre) wetland area between lots 8 & 10 shall be restored as
described in the August 11, 1999 letter from Site Scapes Design Group, Inc. S&EC does
not have a copy of an Arst l la' letter from SiteScapes. We assume that this is
referring to the August 4 letter, but we do not have confirmation of this. As stated
above, we do not have a copy of the August 4c' plans submitted by Hugh J. Gilleece and
associates. We evaluated this area in 2005 and it does not appear that this area has been
restored (see site photos attached). Restoration of this area does not seem practicable
given the adjacent homes. The applicant is now proposing to mitigate for the lost
wetlands within this area.
It should be noted that the DWQ did not require a stormwater management plan as a
condition of the approval. Although the as built design of the development is different
from what was originally approved, the general percent of built upon area and major
stormwater discharge devices and locations have not changed from those originally
proposed. As such, the new applicant is not proposing any additional stormwater
management for the development.
It should also be noted that no stream, wetland or buffer mitigation was required as a
condition of the original approval. The applicant is proposing mitigation for the loss of
wetlands and perennial streams because these areas were never approved by the USACE.
However, the applicant requests that buffer mitigation not be required given that it was
not previously required. It's also interesting to note that the area of buffer impact as well
as the length of stream impact was not listed in the original approval letter.
We do not have a digital or 8 %z x 11 copy of the approved 6/7/1999 final site plan /
impact map and as such did not include a copy within this application. However, we have
previously provided DWQ with a copy and can provide additional copies upon request.
S&EC Letter to USACE re: Avoidance of Additional Impacts (see attached) - On
behalf of the current developer we have submitted the attached March 18, 2005 letter to
the USACE notifying them of the developers intention not to continue work within
portions of Phase 5 of the development that previously contained jurisdictional waters.
The developer has since gone one step further and has decided to put all work on hold
within the area of Lots 175 to 195 southwest of Louis Stephens Drive until future notice.
The applicant does intend to complete work within the remainder of Phase 5 including
HERITAGE PINES SUBDIVISION
PRIOR PROJECT HISTORY
Louis Stephens Drive and the lots northeast of Louis Stephens Drive (all located outside
of areas that previously contained jurisdictional waters).
USACE Letter re: violation (see attached) - The current developer was notified in
writing by the USACE in a letter dated March 28, 2005 of the previous developer's
failure to obtain USACE approval for Phase 2 through 5 of the development prior to
discharging fill material into jurisdictional waters.
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I Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 23116th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
Applicant/Owner: County: Wake
investigator: Bob Zarzecki State: NC
I Do normal circumstances exist on the site? Yea No Community ID: Dry-Oak Hickory
is the site significantly disturbed Forest
(A typical situation)? Yes No Transit ID:
Is the area a potential problem area? Yes No Plot ID: Upland Areas
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies Stratum Indicator Dominant Plant Species Straw indicator
Pinus faeda tree FAC
1 9. Ilex opaca tree FAC-
.
2. Liriodendron ntlip. tree FAC 10. Cornus jtorida tree FACU
Acer nibrum tree FAC
3 11. Chirnaphila marulata herb. UPL
.
4. Smilax rotundifolia vine FAC 12. Carya glabra tree FACU
5. Quernis alba tree FACU 13.
6. Querats rubra tree FACU 14.
7. Polystidutm acros. herb. FAC 15.
s. Lonicera japonica vine FAC- 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 42%
Remarks:
* Schafale & Weakley,1990
HYDROLOGY
I
ded Data (describe in remarks)
R Wetland y&21o_gy Indicators:
ecor
Stream, Lake or Tide Gauge Primg1l Indicators'
Aerial Photographs inundated
Other Saturated in Upper 12 Inches
No Recorded Data Available
_C Water Marks
_ Drift Lines
Field Observations:
I Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water. 0 .- (in.) Segondary In icators: (2 or more required)
Oxidized Root Channels in
Depth to Free Water in Pit >12_- (in.) Upper 12 Inches
Water-Stained Leaves
Depth to Saturated Soil: >12 (in.) Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
I...,
SOILS
Map Unit Name
(Series and Phase): Creedmoor sandy loam Drainage Class: moderately well-drained
Field Observations
Taxonomy (Subgroup): Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins. Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-6 Ap 2S Y S/2 N/A N/A sandy loam
6-12 A2 2.5 Y 7/4 N/A N/A sandy loam
Hydric Soil Indicators:
H istosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Cleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
' USDA Soil Survey
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
St?O BOIL Sc `.I G.^.-MA?Pl?y mss!'
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? NOR'IK GQ`
Delineation Performed by: Soil & Environmental Consultants, inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC. 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
I ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Edwards Tract (Project # 97-2939) Date: 5/20/97
I Applicant/Owner: County: Wake
Investigator: Bob Zarzecki State: NC
Do normal circumstances exist on the site? Yes No Community ID: Piedmont Alluvial
is the site significantly disturbed Forest & Piedmont Semipermanent
(A typical situation)? Yes No Impoundment
Is the area a potential problem area? Yes No Plot ID: Wetland Areas
(if needed, explain on reverse.)
VEGETATION
Dominant Plant S Mies Stratum Indicator Dominant Plant Species_ Stratum d'cator
1. Pinus tacda tree FAC 9. Ligustrum sinense shrub FAC
2. Liquidambar s". tree FAC+ 10. Woodwardia areolata herb. OBI.
I 3. Liriodendron tulip. tree FAC 11. Zephyranthes atam. herb. FACW
4. Acerrulmtm tree FAC 12. Woodawdia virginica herb. OBL
5. Smilax rotundifolia vine FAC 13. Arisaenw triphyllum herb. FACW-
6. Juncus effusus herb. ' FACW+ 14.
'
7. Carpinus caroliniana tree FAC 15.
8. Loniaera japonica vine FAC- 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 92%
Remarks:
I ' Schafale k Weakley,1990
HYDROLOGY
I
Recorded Data (describe in remarks) Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary indicators:
Aerial Photographs X Inundated
Other _ -X Saturated in Upper 12 Inches
_X_ No Recorded Data Available X Water Marks
X Drift Lines
Field Observations: X Sedimeni Deposits
X Drainage Patterns in Wetlands
Depth of Surface Water: 0 -12? (im) Secondary Indicators:- or more required)
---X Oxidized Root Channels in
Depth to Free Water in Pit: 0 -12 (in.) Upper 12 Inches
X Water-S ained Leaves
Depth to Saturated Soil: 0 -12_ (in.) X Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
I
I SOILS
Map Unit Name
(Series and Phase): Worsham sandy loam
Taxonomy (Subgroup): Ochraquults
Profile Descris2tiort:
Depth
(ins) Horizon
0-2 All
2-7 A12
7-11 A2
11 -12 Blg

Matrix Color Mottle Colors Mottle
(Munsell Moist) (Munsell Moist} Abundance/Contrast
10YRS/1 N/A N/A
10 YR 5/1 N/A N/A
10YR6/1 N/A N/A
10 YR 6/2 yellowish/brown common/prominent
Texture. Concretions,
Structure etc.
sandy loam
sandy loam
sandy loam
sandy clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
I S_ ulfidic Odor Organic Streaking in Sandy Soils
_X_ Aquic Moisture Regime -X- Listed on Local Hydric Soils List
?X Reducing Conditions --X_ Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
" USDA Soil Survey
%0and Determination
(cirde yes or no)
Hydrophytic Vegetation Present? Yes No
I Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Xe-s' No
Hydric Soils Present? Yes No
• Remarks:
SOiL SC,F
S
?3.
`? I003 ??`
I NORIl? G'
Drainage Class: poorly drained
Field Observations
Confirm Mapped Type? Yes No
Soil '& Environmental Consultants, ir.
244 West Millbrook Road s FWeigh, North Carolina 27609 ¦ [phone] ¦ Fax (919) 846
November 6,1997
ftjcct d 97-2939
Mike Mathtay
Real Estate Development
105 Fairway Valley Ct.
Cary, NC 27511
919.481.9506 (office)
919-630-9200 (mobila)
919-462-8646 (fax)
Edward's Tract
CaM Wake Connty, NC
Dear W. Matbany,
On Novasber 5,1997, Kevin Martin (S&EC, Ina .president), Stave Roberts (SdtEC, Inc.
b+o of*), Dmy Smith (N.C. Division of Water Qm*) and myself visited the site known
as the Edward's Tract located in Cary, NC for the purpose of determining rtes attest of
junsilkhon u>xkr the Neum River Bask Nutrient Sensitive Waters Management Strategy.
W. Smith determined that the Netae River Basin riperan buffer rules would apply to *a
following locations (see attached map):
(1) The chamd section between vxdand flags 148 and 163 located withia the drainage
bmeath the smaller of the two ponds.
(2) Tire charmel from wetland flag 350 inst.
(3) The channel north from 12 feet south of wetland flag 506.
A 304oot undisturbed forested buffer must be placed on all sides fnvm the ccaudine of tbo
existing channels within these regulated areas. In addition, a 20-foot buffer sbould the placed
SoillSite Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental
On-Site Waste'llreatment Systems, Evaluation and Design
I
on all side fi,a the outer edge of the 30-foot undisturbed buffer. This 20400t buffer MAY
consist of ground cover composed of trees or grass Roads, bridges, stormwaw management
fucks, ponds, and utilities MY be allowed to impact these buffers when no practical
altervative a isI&
Mr. Martin brought up concerns with regards to the unofficial jcaisdictioosl determination made by
the Corps on July 9th of" year. His concerns are as follows:
(1) Do pond (0.82 saes in sine) located near the northwest partioa of the pmnperty should not be
considered jurisdictional doe to the fad that it was Created for agricdtural use, no ohMXA or
wedand exists above it, no channel G7do below it, and no dirod connection exists between it and
the wedand below.
(2) The "cbarwcl area" (277 aq. R in sine) located on the southeast end of the larga pond (3.27 acres
in size) dweld not.ba considered jurisdictional due to the fact that it was awed in high-ground
and has not Apdficamly nabralizod.
A letter has been. sent to the US Army Corps of Engiueexs raquesliag flirt they review their arWIW
dderminafm with regards to these areas. We are currently awaiting their reply. 'there is no
guarantee that ahoy will CJta p their call, bit it can't hurt to ask. Howaver, they will not do so until
we receive an agent vAborizatim farm signed by the currant owner. The Cap requires this farm for
final delineation approval (i.e., "sign-off' of the wetland ddiwalion map). Please have this atW&W
farm signed and returnod to m.
if you have any questieas, comments or need further c9gausbon please fed free to call.
Sincevely,
Zarzocki
Biologist

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State of North Carolina
Department of Environment
and Natural Resources
Dvfslon of Water Quality
James 8. Hunt, Jr„ Oovemor
Wayne MoDevitt, Secretary
A. Preston Howard, Jr., P.E. Drector
Mr. I. Micbmal E4watds
1137 lCildske Farm Road
Cary, NC Z7511
Dar Mt. Edwards:
NC
D-IINR
NCFtT} f Gatouw? Dest?trterT or
Envim; mm? Apo Nxrumm. Reaowtcca
Fie xuaty 22.1999
DWQ 4 990016
The Divitioa of Water Quality has reviewed your snbmiual for a 40Y401 h mit and Nanse River
Buller rules approval for }ieQi Ap Plus RetirewmConim mily In Was County. Yost applicadon -vas not
complete %in" 1) the project map does not show the aadre ilia and 2) see addidond pond Is puent which win need
to be buffets& Plate pavido isfotmahm teprdws the location of yes projc& This udbr adoa is needed by
DWQ in order for us to decide wbetFrcr ft Project is ayptwable.
Please respond with thrcc wedu of the date ofthis tuner by sending us the appapside informu4 a. If
we do not hoar from you is three weetes. we will assume that you no lamer want m pursue thin project and we win
coasidtr the project as wiNlaw n.
lea be reached at 919-733-1766 if you have am questions. UnW this htformad is roceived. l will
raquest (by copy of this lamer) that the Corps of EoSinters plans this psrgect on hold. Also, the project will be placed
ou hokt for om processing due to incpapiw informations (15A NCAC 2H &V(ax4)). Your procminX bran will
been we we receive a ctmtplete application. Also for a site visit, plaare contact Steve Mitcbell of our Rauh
Regional office at 919.571-4700.
Aaacherent
cc: FidetSb DWQ Regional Office
WilmloWn District of Corp of FASiaaers
Raleigh Field Of1ke Carps of Fgoneers
John Donley
Central Files
Stave 1' uik. Site Scopes Design aroep
sinewy.
;4 R. ney
WAM Qwiz rVM rpm
990016.h1d
f)Msion of water Cu&Ry • Non-I)W;harpa trench
4401 Randy Croak Rd.. Rah4gh. NC 27007 Telephone [phone] RAIL a 733-8930
An Equal OppoAunily Af innaWe Action Ew*ioyw 9 M% neyolad110% pod consumer paper
ak)9 3( -
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U.S. ARMY CORPS OF ENGINEERS /ir`!
Wilmington District UU
Action ID: 199920303 / 199920557 / 19992055- County: W
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property
Owner J. Michagl Edwards
Address.- 1137 Kildaire Farms Road
Cary. NC 27511
Telephone Number 919460-1048
Authorized v
Agent
Attn: Bo
.. r
Address. 244 West Millbrook Road
Raleigh. NC 27609
Telephone Number 919-846-5900
Size and Location of Pnmrty twaterbodv Highway nametnumber. town. etc.):
The property is approximately 100 acres in size and is located on the east side of Carpenter Upchurch
Road (SR 1617), 0.75 mile south of Morrisville Carpenter Road (SR 3014), in Cary, Wake County, North
Carolina. The site is adjacent to an unnamed tributary of Crabtree Creek, above headwaters, in the Neuse
River Basin.
Description of Activity: This permit authorizes mechanized landeiearing, excavation, the installation of
pipes, and the placement of fill associated with the ecnsumdon of Heritage Pines Retirement Community.
Impacts to wetlands and waters authorized by this permit include 0.04 acre for one utility line crossing
under NWP 12 (AID 199920303), 0281 acre for three road crossings under NWP 14 (AID 199920557),
and 0.592 acne of impact to wetland and waters by fill under NWP 26 (AID 199920558). Impacts to
wetlands and waters total 0.913 acre.
Applicable Law: X -Section 404 (Clean Water Act, 33 USC 1344) only.
-,Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12. 14.8t 26 Nationwide Permit Number(s)
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restwation order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work.. If you have any questions regarding the Corps of Engineers regulatory program,
please contact - Todd Tuawelll at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager
Date February 25 1999 Expiration Date ebruary 25.2001(vM 12 & 14)
Expiration Date_Sentember 15,19QQ(W 26)
SURVEY PLATS, FIELD SKETCH, WETLAND DELMEATION FORK ETC., MUST BE ATTACKED
TO THE YELLOW (MX) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Town. of Cary
?HCSCI i D4gj#t Om4tj W.
land PfannhV - Site DWOn
July $, 1585
NO Dlvlsion of water Oual ty
Attn: Mr. John Domeyr
4401 Reedy Creek Road
Raleigh, NO 27607
RE: Hsritape Pines Retirement Community
Dear Mr. Donn.
Thank you for your Urm in the field on July 6, 1885 reviewing the wra wW and Nam River buffer
corA&Wrft for Heritage Pines. This leer is being wfttton on behalf d the owners of the properly. There
were Conxems that were raised that need to be addressed and the ovow has every intention of resolving
these concerns In an appropriate manner. .
Our original wetland appkWon was mailed to the corps and the state on Deownber 20, INS. On
January 7, 1969 t recxlved a W w from your office stating that the application The was not included as
part of our application. A d x)ck for $200.00 was issued and delivered to your of Ace January 12, 1969.
A second letter was sent to our office on February 22, indcatirg that the application was once again
trxamplde because the entire project was root shown and there VMS Concern regarding an addHlonai
pond on site. A revised master plan was prepared and delivered to your office on February 2dh,1995 by
Hugh J. GAieem 3 Associates indicaft weltand and buffer impacts for the entire site.
On March e, IM we were notified d the approval of the Army Corps 404 permit. During a meeting at
yaw dices on May 11, 1M two were concerros raised as to the aom mulative total of impacts for the
entire site. it was our uWarstarxfing at the corckm on of this nme*v that by resnoving a secondary
Nam River buffa crossing along the southern portion of the property, and by reducing the lotai kmacts
to the entire site to under are acne that this would satisfy the concerns of the State. Again, the Molar
Plan was revised to remove this aoesairrg, re-align a northern road around the Nam River buffers. and
reduce the total broacts to less than one acre. Adaalondly, at this time. It was our understudirrg that the
sate did not have any concerns regerci ft Phase l d to project No deturberxes had oa:uned adjacent
to the small cul-de-sac in the sa th od Comer d the property before this meatirp.
During the weak of June 21", Hugh J. Gilleece aid Aamclates requested approval by the State to install
the sewer connection to the edatirrg an sotto sewer. The state agreed and nof5ied 1he Town of Cary,
which In turn gave approval to install the sewer.
104 woodwinds industrial[ Cl. write c -- Cary. NC 27511. Phoroe 919 48z-a2W - FAX 919482-"70
.krly S. IWO
Heritage PkW
Page 2
From the outset, the owners have striven to follow all applicable riles that pertain to the wetlands and
Nam River buffers on site. Their goal is to rectify erg concerns that the Stets may have and reach a
mutual concAmdon for the benefit of all parses concerned.
We kook f rwwd to waft with your office. If you have any additional quosft S or require further
Wommlion please let me know.
Sincerely,
SlteScapes Design Group, k1tS.
Stave Prraik ASIA
SiteScapea Design croup. Inc.
SB'-24-c'M 12:06 FRM:00-NMLA i36 9197SiSB!13 M-.98g69467
_ t

Pa4f5
riOlt'fli CARKamA DRPAIIrwwr cw
MWWWMhWW AND
RALiMN adomm 8L0rym
July 22, 1999
ND MAIL
RlCBIPT 22QC88TSD
m.eao? J. Nichael, Rose G., Rickey G., Clary S., and Jeanne 0. Bdsards
` 1137 Kildare Futtn Road
' 4Cbry, N.C. 27511
= Subject: Itotiee of Violation
Reco®enchttion for Bafosranent
]tense amain antes
• Heritage Pines Retire=wt c on rmity
DRQ # 99-0016
Mko cav=r
Dear Mr. Sire SXadaa:
Oct JUDD 29, 1999, Mr. Pate Colwell of the Cm=rel Office XetUW4Q1
Mkit investigated impacts to the strema aids (ripariaal vegetative buffer
along an u=xmd tributary to Crabtree Creek. This pzoject is referred
to by this Office As M 99-0016. ter. Colrell observed impacts to the
Neese Riparian love from the installation of a stmar line that rezoved
Cho forested vegetation along one side of the stress feature. Staff also
observed water and vatland impacts prior to the issuance of a 401 dater
Quality certification.
specifically, a serer line me installed within zone One of the
protected buffer And that protective buffer man *"4ntially rozoved. The
Nauss Huffer Rule tegairen that non-electric utility lines which propose
to impact this zone in a pon-perpandfaulat pathway to meet the following
criterion:
1) Obtain a tietcrftnatioa of "Ito practical alternmtivas' to the
proposed use pursuant to Item a of this paragrapb;
2) Obtain approval for a Wtigatica proposal pursuant to 15A :CAC
2B .0242.
The impacts to the riparian vegetation referenced above is a
violation of the Meuse liver Basin: Futrieat Sensitive Waters Kanagement
Strategy; Protection and ft4nteosnce of Westing Riparian Areas,
A+dMinistrative Code TIM022.0233. Any activity that would result is
rater quality standard violations or that disrupt the structural or
functional integrity of the riparian area mace prohibited.
In addition to the Nauss Buffer violation, impacts to vatiands and
39"aumernmv ¦uets:et,w0s4,wimpCMWL"waF"9
Poomlt04M.4?w PAxvtMAt-47t!
An 9w-%*rr9wnnuwfAMX MTMAC"00 iMIM?fA-it)ti MOCtRORGS PorP*MWWA" rMTA
SBa-24-?8Hc 12997 f1811tDNR-4ERj*M 919T33G99ri ro:9B969A67 P1515
"Be TUD
Heritage pines kw
waters of the state have also occurred at this site. Road crossing
LgWta. wetland impacts to Lou 6, 7, and a and water amd wetland
iMacts adjacent to and alaq tha edge of a pond located at the vibJect
site have occurred without the receipt of a 401 Water Quality
Cartifieatian is violation of IM ItM 213 .0500 and 9ectim 401 of tha
Clean water Act.
The Division of Water Quality regaires immediate abatement of the
its to this riparian =m . Tns strove cited violatiMs and any future
or additional violatioas sty xasult in civil paaelty assessment of up to
$10.000 per day for each violation. The Central office watland/4ol
Cattificatim Qrot:p"will detail the isswo ctmce=4 the issuance of the
401 Certification for this pxaject is an additional latter.
You are regnfred to zsspcnd to this antics in wrriUM witbin 10 days
of its rem aiPt_ Yowr s+mspanse sbonid be directed to llr. ]Gen Sclmeter,
Regional 8npwmlm t, U48 hail C noted, italsigh, Y.C., 27699-3428. Pleas
specifically address *by Chase activities trazopired despite M Staff
Coadecting site visits to oonfim tht stream luCations and associated
buffer protecticn. In afdition, detail what efforts x111 be wdartakw
to =astore the vegetative buffer.
Tbamk you for y== attentiaea to this matter sad ba advised that the
8aleigb Regiama Offiea is Considering racoomamdiXQ en eaforeelrmt action
be pursasd for these viatatfcos. Please thorc.uPly a4draon the above
'9u013ti*Md Issuers In yo= response and pmwl& any additional inforsmttioa
that yon wish to provide. rt you hawe my qpastions regarding this
Mice cc need additional information please contaet an at 919-571-4700.
.BiACCSe1
9cs?ttscer
>ZSgianal iriasoz
CC: Central/RRO tiles
VC M wet1ma0481: vauny Switt
NC MQ.-Jda Roll"
A=:TOdd Thgwa:ll
NAM County:Jake Taylor
.% A nbrlet . for\*"9\bertpf ae . mnr

Aurmpt 4,1999
NC DhWm W WWw Qtttdby
ANN W JWN
4401 RwwjkkNC 47607
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SEP-24-2002 12:05 FROM: Di•O-bETU DS 9197336893 70:98469467 P12,15
State of North Cgrolina
Department of Environment
and Natural Resources
Division of Water Quality .
James S. Hunt. Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
Hearts CMOs m OwMRTmewr oK
ErtvipwmMENT ANC NAruRAL Rasouw=
August 8, 1999
Wake County
DWQ Project4i 990014
Approval of 461 Water Quality Catiticatiou
Mike Methany
Heritage Pines
3500 Regency Parkway
Cary. NC 27511
Dear Mr. Methany:
You have our approval, in accord&we with the attached conditions, to place fill material in 0.477 acres of
water for the purpose of constructing a retiamttent community at Heritage Pines at SR 1617 near Carpenttu, NC,
as you described in your application dated Deceatber 20, 1948 with the final site plap dated June 29,1999. After
reviewing your applicatim we have decided that this fill is covered by Geneml Water Quality Certification
numbers 3101.3103 and 3106. This Certificate allows you to use Nationwide Permit Numbers 12.14 and 26
when the Corps of Engineers issues theta. 7Ws approve( is also valid for the Ham River Suffer Rules (15A
NCAC 2B .033). In addition, you should get any other federal, state or local permit before you go ahead with
your project including (btu not limited to) Sediment and Erosion, Coastal Stortnwater, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires
unlcm otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If yon
change your project. you mast notify us and send as a new application. If ttte property is sold, the ww owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying wit all
conditions. If total wetland fiiig fnr rhIx project (now or in the furam) e7r"ed one acre, compensatory rrtitlgatti+on
may be roquimd as described in 15A NCAC 2N .0506(h). For this approval to be valid, you mug follow the
conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide
permit expires or as otherwise provided in the General Certification.
1. D aW hWtiriCatioaet or similar mcchsnians shall be placed on all kas with remainit% jurisdictional wetlands tad waters or
atcas within 50 lea of all strcanas wad ponds to notify the state in ardor to assure compliance for future wbtlatw andfor
water impact. These mechanisms shall be put in place within 30 days of the date of this letru or the itwance of duo 404
hermit (whichever comes first).
2. An additional eondiliott is that stnrtawater shall be directed to sheetflow at nonetoslve velocitics duv* the proms
Abeam huffcM.
3. Wedamu shown on the June 23. 1999 map prepared by Gillecoc and Atsuciams and shown as m 11, area 7 sad an 8
shall nut be impacted.
4. The 0.211 w cdand arcs shown on the August 2, 1999 snap from Giltcecx anti Associates between lots 8 and 10 sheen be
m stored or created by adjacent grading. ruooval or unpertnitted All and back tilling of topsoil to the orpaai . Wittion
Division of Water Quality • Environmental Sciences Branch
EmAro. Sciences Stsa di, 4401 Ready Crock Rd, Raleigh. 14C 27807 Telephone [phone] FAX i 73399$9
An Equal Opportunity Attirmativa Action Employer • 60% recycl" 10% poet consumer paper

SEP-24-2002 12:06 FROMM1412-4E I-MM 9197336M TO, 9M9467 P:3-,S
:std planting of native tree .petits by January 1. Wl as described in the Avgust 11.1999 letter ftvm Site Sups Desna
Group, Inc. DWQ shall be copied an art wbuilt plan for this site by January 15, 2000.
5. 'flit Alston Avenue impact is not permitted at this tuns. A sepaa,e application will to required whoa co:utrmdmi of this
nutd is untnincnt.
If you do not accept any of the conditions of this Certiftcatipn. you may ask for an adjudieatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, sand a written petition
which conforms to Chapter 150B of the North Carolina General Statues to the Office of Administradve Hearings.
PO Box 27447, Raleigh, NC 27611.7447. This Certification xad its conditions are tttal and binding ttalesa you
ask forbearing.
This I= completes the review of Ow Division of Watts Quality under Section 401 of the Clean Water
Act. IS you have any questions, please We0one John Dotney at 919-733-9646.
?Ssimeerely,
?n Kerr T. Stevens
Cc: Wilmington Corps of ?engineers
Corp of Rnginctrs Raleigh Field Office
Raleigh DWQ Regional Office
John Dorsey
Central Files
Raleigh Division of Land Resources
1ayGilleece, Gilleeee and Anoc.
Steve Prusfk, Site St a pCil s Deign Concepts, Inc.
990016.1tr
March 18, 2005
S&EC Project # 05-2939.w2
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Heritage Pines Subdivision, Cary, Wake County, NC
Dear Mr. Tugwell:
On behalf of the owner, K. Hovnanian Homes of North Carolina, Inc., we are providing you notice of the
owner's intent to stop additional work on a portion of the subdivision until the Individual Permit is
approved by your office. The owner intends to stop work on all proposed residential lots within Phase 5
that are located in areas that previously contained jurisdictional wetlands or waters. The attached drawing
shows the approved wetland delineation overlaid on the proposed Phase 5 lot layout. No additional work
(except possible erosion and sediment control measures required to stabilize the site) will occur in the
location of lots 176, 177, 180, 181, 182, 183, 184, 185 and 186. Also, no additional work will occur on
the section of the proposed street that fronts lots 181 to 185. Work will continue on the remainder of
Phase 5 in locations that did not previously contain wetlands or waters. We are currently working on the
draft application for the Individual Permit and expect to have it ready for your review soon. It is the
owner's intention to ensure full compliance with wetland regulations.
Please call me if you would like to discuss.
Sincerely,
Bob Zarzecki,
Environmental Specialist
Attachment: Phase 5 Heritage Pines Site Plan
Cc: Mark Miller, Land Development Manager, K. Hovnanian Homes of North Carolina, Inc.
HERITAGE PINES SUBDIVISION
PHASE 5
Heritage Pines Subdivision
eo
March 18, 2005 S&EC Project # 05-2939.w2
20mi 202 203 2D4 205
206
200 I
207
t40
? t0a 206
toy
200 I
106
{? tee 210
{ ! 160 I
ta7 too M 211 I
?tn .?i' tOt
f / GG
102
166 212
103
? I
104 \
164 , 177 176
106
? ``' t76
r 1
+? 170
173 No Additional Work to Occur on Lots
176, 177, 180, 181, 182, 183, 184,
185, & 186.
I
Regulatory Division
Action ID. 200520456
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 284024890
March 28, 2005
4?- .1939 VVA

?V
PR -
u 501 V
Mr. Mark Miller
K. Hovnanian Homes of North Carolina, Inc..
3500 Regency Parkway, Suite F
Cary, North Carolina 27511
Dear Mr. Miller:
' Please reference your permit application of February 14, 2005, for Department of the Army
(DA) permit authorization for impacts associated with the extension of Louis Stephens Drive within
Heritage Pines Subdivision, located east of Carpenter Upchurch Road, and south of Morrisville
' Parkway, in Cary, Wake County, North Carolina. The site is adjacent to an unnamed tributary of
Crabtree Creek in the Neuse River Basin. Your application requested authorization for impacts to
256 linear feet of perennial stream channel and 0.484 acres of wetland.
On February 22, 2005, Mr. Todd Tugwell with the Raleigh Regulatory Field Office
attended a meeting on the site with Mr. Todd Preuninger with Soil & Environmental Consultants,
' Inc. to review the proposed work. Prior to the meeting, Mr. Tugwell determined that nationwide
permit authorization had previously been provided to the former developer of the subdivision, Mr. J.
Michael Edwards, for impacts totaling 0.913 acre of waters of the U.S. associated with Phase 1 of
' the subdivision. During the meeting, Mr. Tugwell discovered that you have already constructed
several additional phases of the development, or are currently in progress. Based on maps obtained
from Soil & Environmental Consultants, Inc., it appears that the construction of roads, lot fill, and
sewer lines required for the additional phases of the development have resulted in the loss of 0.956
' acre of waters of the U.S. and approximately 180 linear feet of perennial stream channel, and
temporary impacts to 0.1 acre of wetlands. These activities, conducted in waters of the United
States without authorization by a DA permit, are a violation of Section 301 of the Clean Water Act
' (33 U.S.C. 1311).
We also received a letter dated March 18, 2005, submitted on your behalf by Mr. Bob
' Zarzecki with Soil & Environmental Consultants, Inc., which states that it is your intention to cease
all on-going work in areas containing waters of the U.S. within unfinished portions of Phase 5 of the
development. The letter stated that Soil &. Environmental Consultants, Inc. is currently preparing
an after-the-fact individual permit application for the unauthorized activities. Please note that our
acceptance of an after-the-fact permit application does not imply, by the Corps of Engineers or other
agencies, either a favorable or an unfavorable opinion of the work performed. Please note that
CERTIFIED MAIL
' RETURN RECEIPT REQUESTED
-2-
while you pursue after-the-fact permit authorization for impacts associated with the development,
we will suspend further enforcement actions pending the outcome of your permit request.
Also, please be aware that your individual DA permit application will be evaluated in
accordance with procedures established in a Memorandum of Agreement (MOA) between the
DA and the US Environmental Protection Agency (EPA), signed on February 6, 1990. The
MOA clarifies the type and level of mitigation necessary to comply with the Clean Water Act
Section 404(b)(1) Guidelines.. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to minimize impacts on waters and wetlands; and finally,
compensating for any remaining unavoidable impacts to the extent appropriate and practical. To
comply with this MOA, you are required to provide the following information in support of your
after-the-fact permit application:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Your application
must contain information regarding any other alternatives, both on and off site, to the work for
which you have applied, and demonstrate that your selected plan is the least damaging to aquatic
resources.
b. It is necessary for you to have taken all appropriate and practical steps to minimize losses to
waters of the U.S. Documentation submitted in support of your permit application must indicate.
all that you have done; especially regarding the modification of plans and proposed construction
techniques, to minimize adverse impacts (i.e., to reduce the discharge of fill material into waters
of the United States as much as practicable). Your response should address alternate site designs,
which may result in reduced- impacts to the aquatic environment.
e. The MOA requires that appropriate and practical mitigation (e.g., restoration, enhancement,
and/or preservation of wetlands and stream channels). will be required for all unavoidable adverse
impacts remaining after all appropriate and practical minimization has been employed. Please
note that mitigation may be required for all direct and indirect impacts that result in a degradation
of the aquatic resources on site.
Please submit your completed after-the-fact permit application to the Raleigh Regulatory
Field Office no later than April 27, 2005. If additional time is required for restoration of the site
or to prepare your permit application, you should contact my staff with a request for an extension
of time, providing justification(s) for the delay. Please be reminded that no further work within
wetlands or waters can occur on your property until this matter is resolved. Such work, without
authorization by a DA permit, will be considered a willful and intentional violation of the Clean
Water Act, and may result in referral of this matter to the U.S. Attorneys Office for appropriate
action.
-3- .
With regard to the proposed constrUCtion:of Louis-Stephens Drive; we have determined
that the proposed road is a separate thoroughfare . Therefore, ma *consider it as a separate project
for the purposes ofDA permit requirements.: Since the road's construction will benefit the
surrounding community and the 'Down of Cary will take over maintenance following its
construction, it is necessary that the Town of Cary apply for these impacts separately.
Accordingly, the Town of Cary can submit a applicationfor:the road before we resolve the
violation at the subdivision.. We are forwarding a copy of this.letter to the Town of Cary so' that
they may take appropriate action in this matter.
Please contact Mr. Tugwell, at telephone (919) .876-844i, Extension 26, if you have any
questions or comments.
Sincerely,
S. Kenneth Jolly.
Chief, Regulatory Divisiotz
Copy Furnished
Mr. Bob Zarzecki
Soil & Environmental Consultants, Inc:
11010 Raven Ridge Road
Raleigh, NC 27614
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
HERITAGE PINES SUBDIVISION
DWQ - NEUSE RIVER BUFFERS
N.C. DWQ - NEUSE RIVER BUFFER IMPACTS
Buffer Impact
Site Number Impact Type Zone Impact *
(square feet
Multiplier Required*
Mitigation

Sheet 8 Z2-13 Fill Slope Zone 2 2 825 1.5 N/A
Sheet 8 Z2-14 Fill Slope Zone 2 2 77 1.5 N/A
Sheet 8 Z2-14A Stormwater 2 159 1.5 N/A
Sheet 8 Z2-15 Fill Slope Zone 2 2 5 1.5 N/A
Sheet 9 Z1-1 Road 1 6,136 3 N/A
Sheet 9 Z2-1 Road 2 6,669 1.5 N/A
Sheet 9 Z2-2 Stormwater 2 164 1.5 N/A
Sheet 10 Z2-4 Fill Slope Zone 2 2 431 1.5 N/A
Sheet 10 Z2-4A Utility 2 1,311 1.5 N/A
Sheet 10 Z2-5 Fill Slope Zone 2 2 70 1.5 N/A
Sheet 10 Z1-3 Road 1 15,391 3 46,173**
Sheet 10 Z1-3A Utility 1 1,261 3 N/A
Sheet 10 Z2-8 Road 2 3,191 1.5 4,787**
Sheet 10 Z2-9 Road 2 4,736 1.5 7,104**
Sheet 10 Z2-9A Fill Slope Zone 2 2 785 1.5 N/A
Sheet 10 Z2-9A Fill Slope Zone 2 2 1,918 1.5 N/A
Sheet 11 Z1-2 Utility Crossing 1 1,915 3 N/A
Sheet 11 Z2-6 Utility Crossing 2 436 1.5 N/A
Sheet 11 Z2-7 Utility Crossing 2 406 1.5 N/A
Sheet 12 Z2-10 Fill Slope Zone 2 2 4 1.5 N/A
Sheet 12 Z2-11 Fill Slope Zone 2 2 23 1.5 N/A
Sheet 12 Z2-12 Fill Slope Zone 2 2 3,750 1.5 N/A
Sheet 13 Z1-4 Utility Crossing 1 1,791 3 N/A
Sheet 13 Z2-12A Utility Crossing 2 448 1.5 N/A
Sheet 13 Z2-12B Utility Crossing 2 410 1.5 N/A
Total 52,312 58,064
* Impacts and Required Mitigation have been rounded up to the square foot.
** The road crossing was previously approved by the DWQ without buffer mitigation
(see DWQ Project No. 99-0016 letter dated August 8, 1999) as such we request that no
buffer mitigation be required for this crossing.
HERITAGE PINES SUBDIVISION
MITIGATION PLAN
The applicant does not believe that on site mitigation is practicable beyond avoidance to
any additional wetlands, streams and buffers. As such, the applicant proposes to make a
payment into the Wetlands Restoration Fund administered by the North Carolina
Ecosystem Enhancement Program (NCEEP). The applicant has not yet formally
requested the acceptance for this payment from NCEEP. This request will be submitted
as soon as the agencies have verified that the impacts listed within this application are
correct, have provided guidance on the feasibility of these impacts being approved, have
agreed upon the appropriate mitigation ratios, the applicant is both willing and able to
make such payment, and NCEEP accepts the requested payment. If in the case that the
applicant is neither willing nor able to make this payment once determined by the
agencies or NCEEP is not willing to accept the payment, then the applicant will propose
an alternative mitigation plan.
At this time the applicant proposes to mitigate through payment into the Wetlands
Restoration Fund for all permanent perennial stream impacts (297 feet), riparian (within
200 feet of a stream determined by DWQ to be subject to the Neuse River Buffer Rules)
wetland impacts (1.705 acres), and non-riparian (greater than 200 feet of a stream
determined by DWQ to be subject to the Neuse River Buffer Rules) wetland impacts
(0.702 acres). At this time the applicant is proposing a 1:1 mitigation ratio for these
impacts. No mitigation for impacts to Neuse River Buffers is currently proposed given
that it was not required by the DWQ as a condition of there August 8, 1999 approval.
However if buffer mitigation is determined to be required, then the applicant proposes
payment into the Riparian Buffer Restoration Fund. No mitigation for impacts to open
waters and other waters (excluding perennial streams and wetlands) is proposed.
Amount of stream mitigation requested (linear feet): 297
Amount of buffer mitigation requested (square feet): 58,064**
Amount of Riparian wetland mitigation requested (acres): 1.705
Amount of Non-riparian wetland mitigation requested (acres): 0.702
** No buffer mitigation is currently proposed at this time as discussed above.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps
Wetland Regulations" and dated August 13, 2001, the Corps of Engineers lists 21
specific factors that will be reviewed related to Public Interest. These factors are similar
to the "Evaluation Factors" listed on Page 8 of the U.S. Army Corps of Engineers,
Regulatory Program, Application Information document dated May 1985. These items
are as follows:
Conservation
Water Quality
Wetlands
Flood Hazard
Floodplain Value
Land Use
Recreation
Safety
Aesthetics
Historic Properties
Water Supply
Navigation
Energy Needs
Mineral Needs
Economics
Fish & Wildlife Values
Shore Erosion and Accretion
Food & Fiber Production
Environmental Concerns
Property Ownership
Needs and Welfare of the People
Responses to each of the 21 Public Interest Issues are presented below.
Conservation:
No additional impacts are proposed to the remaining wetlands, streams and riparian
buffers on the site beyond those that have already occurred or those proposed within this
new application.
Water Quality:
The construction will meet all of the local, State and Federal design requirements with
regards to protection of water quality. The two ponds on the property, while not designed
to NCDENR stormwater requirements, are expected to provide some treatment (TSS,
etc.) of stormwater runoff that enters them. Many of the other stormwater conveyances
discharge to devises that provide some form of diffuse flow or dispersed flow prior
through riparian areas prior to entering the streams. The surface waters on site are
classified by the DWQ as "C, NSW". The development will comply with all DWQ water
quality standards for class "C, NSW" waters.
Wetlands:
No additional impacts are proposed to the remaining wetlands on the site beyond those
that have already occurred or those proposed within this new application. Wetland
functions will therefore be retained within these areas.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Flood Hazard:
The site is located outside of any flood hazard areas as designated on the latest Flood
Insurance Rate Maps (FIRM) issued to Wake County and incorporated communities in
June 2004 (see hgp://www.ncfloodmaps.com/NewsArchives/wake prelims.htm ),
therefore flooding is not of concern. The culverts below Heritage Pines Drive have been
reviewed and approved by the local municipality to ensure the proper passage of any high
water events.
Floodplain Value:
The site is located outside the 100-year floodplain, therefore there are no impacts to any
existing FEMA designated floodplain areas. Other than the fill installed for Heritage
Pines Drive, the remainder of the wetlands and riparian area on either side of the
mainstream channel were not and will not be impacted. Floodplain functions will be
retained within these areas.
Land Use:
The proposed development owned by Heritage Pines, LLC is being or has already been
developed as a residential community. The surrounding properties are primarily
residential and institutional (Wake County Schools).
Recreation:
No public or private recreational facilities will be affected by the development and
operation of the facility. Heritage Pines offers many recreational activities (including
swimming, tennis, walking trails, etc.) within the community. It's vicinity to the
neighboring school provides easy access to the recreational facilities offered at the
school.
Safety:
All entrances to the development along state roads are already installed and meet the
standards of the North Carolina Department of Transportation (NCDOT). In addition to
the NCDOT constraints imposed for the sake of safety, there are also constraints on the
construction process by state law and the Occupational Safety and Health Administration.
Aesthetics:
The applicant does not believe that Heritage Pines will negatively the affect aesthetics of
the surrounding properties and many people may feel that this well landscaped
community enhances the aesthetics of the area.
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Historic Properties:
The State Historic Preservation Office, North Carolina Listings in the National Register
of Historic Places by County document provided on their web site (see
http://www.hpo.dcr.state.nc.us/nrlist.htm) does not list any historic places within the
property boundaries. The Carpenter Historic District is located about 0.8 miles north of
the property and the Green Level Historic District is located about 2 miles west of the
property. The applicant does not believe that either of these Historic Districts will be
directly impacted by the development and may actually be enhanced in that people
moving to the area may wish to promote the restoration and revitalization of these
historic districts. The State Historic Preservation Office has not been contacted as of the
date of this application. The applicant welcomes their review and comments.
Water Supply:
The site is not in a water supply watershed. The Town of Cary provides water to the
development. The applicant does not believe that development of the site and the
resulting water needs will not adversely affect any existing off-site water supplies.
Navigation:
The wetlands proposed to receive fill materials are not located in navigable waters. No
impacts to navigation are anticipated as a result of site development.
Energy Needs:
Electrical energy for the development will be supplied by the local network as operated
by Progress Energy. The development will not generate any of its own power and will
not have energy needs in excess of normal residential development.
Mineral Needs:
Neither supply nor demand for mineral resources will be negatively affected by the
development of this site.
Economics:
Heritage Pines provides an economical active adult living community for retirees living
on fixed incomes. It is expected that these the new retirees and residents moving to the
area will promote the local businesses and economy.
2
HERITAGE PINES SUBDIVISION
PUBLIC INTEREST ISSUES
Fish & Wildlife Values:
The following species have been federally listed as Threatened or Endangered for Wake
County:
Common Name Scientific Name Status
Bald Eagle Halieetus leucocephalus Threatened
Red-cockaded woodpecker Picoides borealis Endangered
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Michaux's Sumac Rhus michauxii Endangered
Utilizing the N.C. Natural Heritage Program (NHP) database of all recorded protected
species occurrences, S&EC found that there were no occurrences of a protected species
with the project limits and no occurrences of the federally protected species listed above
within a three mile radius of the project limits.
No direct or secondary adverse impacts to federally listed species or exemplary natural
communities are expected from the construction of the proposed subdivision.
The two ponds located on the property and retained stream, wetland and riparian
corridors are anticipated to provide habitat and wildlife corridors both within and through
the community.
Shore Erosion & Accretion:
This public interest issue is not applicable to this application as the subdivision will not
affect shore erosion or accretion.
Food & Fiber Production:
The Heritage Pines subdivision will produce neither food nor fiber as part of the facility
operations.
Environmental Concerns:
Noise
No adverse impacts to noise levels in the area are anticipated from the development of
this site. It is anticipated that the older population and retirees that reside in the
community (many of which do not work and spend much of their time within the
community) will encourage noise levels from construction activities and post-
construction activities to be maintained at an acceptable level.
3
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Heritage Pines Subdivision
Attn: Mr. Mark Miller
3500 Regency Parkway
Cary,NC 27511
DWQ 2005-0736-Wake
A.
X
? Agent
B. Ived by ( tinted N e)/ C. Date of eliven
r
D. Is delive address different from item 11 es
If YES, enter delivery address below: No
3. Service Type
Certified Mail 0 Express Mail
? Registered Pore turn Receipt for Merchandise
? Insured Mail -13 C.O.D.
4. Restricted Delivery? (Extra Fee) 1`7 Yes
!. Article Number
(fransferfrom service labeo ?005 1+1+6 0 0 0 0 0 9954 9093
lC Pnr RR11 Fah-n- onnd n-.+i, P.+- Rnrcinf lnoaoallo_?A_1 ae
UNITED STATES POSTAL SERVICE

• Sender. Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit r
2321 Crabtree Boulevard, Suite' 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
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' 0 iNER: A . ~.OJ ~ AC. i'•!00' ''r. 'GRAPHIC SCALE ,
, ''.~r rA I A A: 0,517 AC. rM,t, ROADS TOtAL A = 1.58? AG !'0 L EIFFER RE .Y'
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WETLANDS N AI~~~ ^ HERITAGE PINES r pAp Ir el 7~ I; U08tl1kERANa~,
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off: ~ ~ ~ ~ i vas a r r rl

LOUIS STEPHENS WILL BE APPLIED FOR SEPERATELY
BY THE TOWN OF CARY. SEE SHEET W1 FOR BUFFER IMPACTS
_M___ M__M_
- --------•-rt--- s s s- -S S S S • I ,
r M_ 1I 1 ` \ ~ \
I ~ ~ ~ ss 66 / / l t 64 332 340 341 342 343 % % / BS ` ~ 88 67 \ 02 203
~ i i I 333 335 336 337 338 339 ~ / i / / ~ ` S' ~ j 2 204 ~ ; ' ~ 201
I 334 344 ~ ~ i ~ ~J ~ 63 , ' ~ ~ \ 205 ~J ~ ~
345 / ~ I ~ ~ a, ' ; ` 200 r a
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Yir 346 i ~ ~ 2 ~ ~ ~ r , I air ~
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r/Y I ~a , 199 ~ a
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~ ~ 355 ~ h ~ ~ 2~ 6 328 / ,~~p 328 327 ~ i f ~ ~ ay J
~ f / ~ • 4 S / / ~ ~ r + 323 32 32 3 f 347 i ~ ~ , 91 C7 356 I /i i- , 89 ~ ~ ~ ~ \ ~ ` 197 20i
353 ce ~ ,i / • 89 a. / ~ ~ 71 / ~
' ~ 348 ~ / / 59 / i / ~
3 - Nil 352 357 r ~ / ~i 92 321 ~ _ _ - i i ~ / ' 320 Nf7 - `s, .J ~ / Nf0 / / ~ ~ ~ 196 / / / \ 209 / ~
/ 88 1 _ ~ / ~ 5s ~ ~ ~ 1
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329 ~ / 352 ~ ~ ~ I ~ _ / 319 / ~ ~ / i 57 ~ 87 „ ~ i / ~ ~ ~ M \ / 87 ~ ~ i ~ ~ ~ , 210
330 52 359 / ~ ' 94 3 / I li / 188 ~ la 1 \ 1 / `
~ 318 ~ t ~ i J 6 • 1 ~ ~ / 1 s9 ~ I ~ ~ ~ 1 ~ r
331 ' ~ 352 360 ~ ~ / 56 8 ~ . • 95 , ~ , 190 , ~ ~ ~ 11
317 , 1 I / ~ ~ 2 t ' ~ / 7 18 1 191
~ . ~6 ~ 1 54 5 85 • 3 21 361 96 ;
72 / ~ ' 1 `
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8 69 84 7. ~ . ~ • . . 97 193 : `
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i ~ •i` 74 •Ir as ~
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3 281 ~ 52 1 ~ 98 t 1 184 t M9B \
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1 y5 2~ 101 ~ , 1 2 , 368 45 , i ~ I ~ ~ 1 `
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2 2 ; ~ is 78 - - ~ 1 ~1~~ ~ ~ 176
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GRAPHIC SCALE i"=l00'
0 i00 200 300
i 8L t 4(a S Revisions: H) SCALE: i" = 100, esipned by: Sheet: 4= C=..w n cl c> Drawn by: (V) SCALE: NONE B. HAERTLING
HERITAGE PINES OVERALL WETLAND IMPACTS H Uig h %.J_ C3i i I I ca ca c:
875 Walnut 3t. Suite 360 Cary, Cary, fax[phone] f: sub\hP\Ph.5\rev7-11-02 ate: NC ph(919)469-1101 03/28/05

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HERITAGE PINES OVERALL BUFFER IMPACTS H Ujg h %.1. c3i i l l e e 875 Walnut St. Suite 360 Cary, 9-1101 fax[phone] f: sub\hp\ph.5\rev7-11-02 03/28/05 Cary, NC