20040544 Ver 3_401 Application_20090804

RAVEN EL
D? NEERS I PLANNERS I SURVEYORS
AUG 4 2009111 MacKenan Drive
C ry, North Carolina 27511
1A WVJ)IENR:-WATER, 3340 Fax: [phone]
WETLANDS AND STORM 1 6
TO: NCDENR Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
WE ARE SENDING YOU
? Shop Drawings
® Copy of Letter
o4 -05?-?4 v3
L M7FR OF u ° [Mq ffl7F7QL
DATE 3 August 2009 I Job No. 102080688.01
ATTENTION Ian McMillan
RE: I UVVW - u4-u344 I
River Run Subdiv. Ph. 4 & 5
® Attached ? Under separate cover via 40the following
® Prints ? Plans ? Samples Specifications
? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
5 sets August 3, 2009 02080688.01 River Run Ph4&5 - Impact maps
5 August 3, 2009 02080688.01 Cover letter (sent to NCDENR
1 Check for $570

THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
® For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Ian, please find the attached 401 request. You may recall from our conversation that since the 404
has expired, we will need a new 401 for phases 4 and 5 (i.e. we can't modify an old DWQ permit, if the 404
Is not longer valid). Additionally, upon further field review with Jamie Shern and Crystal, it was determined that
An unimportant channel was present in the field. Our maps and PCN have been updated with the additional info.
Let me know if you have anv questions.
COPY TO: File SIGNED: Todd Preun
If enclosures are not as noted, kindly notify us at once.
? Resubmit
? Submit
? Return
copies for approval
copies for distribution
corrected prints
WITH ER5 L1RAE/ E N E L
ENGINEERS I PLANNERS
August 3, 2009 0l _ p'S+4 V 3
Ms. Crystal Amschler
USACE - Raleigh Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: River Run Phases 4 and 5
USACE AID#: 200321366/200420721/2009-01115
DWQ #: 04-0544 Ver. 2
W&R No. 02080688.01
PAID
Dear Ms. Amschler and Mr. McMillan,
The attached plans are being submitted for the purpose of requesting an additional 49 linear
feet of perennial stream impacts and 221 linear feet of for the above referenced project.
Please find a copy of modified impact maps included with the attachments. In addition, we
are also requesting buffer authorization for 5,978 SF of impacts to Zone 1 and 5,958 SF of
impacts to Zone 2 for road crossings, bypass swales and utility line installation. Pre-
application meetings were held with DWQ prior to this submittal, and the revised 401
Certification for this project was issued on May 28`h, 2009. However, based on additional
field work, it was determined that an unimportant stream channel was omitted from our
plans and is now included on the PCN form and impact maps. Additionally, because the
original 404 permit has expired, we are requesting that DWQ issue a new 401 Certification
for phases 4 and 5, rather than modify the original permit (DWQ #04-0544)
The proposed impacts are necessary for development of Phases 4 and 5 of the subject
property. Impacts have been avoided and minimized to the greatest extent practical. For
example, at the road crossing, the side sleeps were steepened from 3:1 to 2:1 and retaining
walls were utilized at other locations to avoid impacts to the buffer entirely. These impacts
are necessary for the construction of a cul-de-sac roadway extension required to access the
upland portions of the property, together with pedestrian trails proposed for interconnection
of the 2 phases which are separated by a jurisdictional stream. Potential impacts to this
stream crossing have been avoided by elimination of a road crossing indicated on previous
Preliminary Subdivision Plans, and minimized by use of the pedestrian trails in place of the
roadway.
The previously issued permit allowed for a total impact to 181 linear feet of perennial
streams and 98 linear feet of temporary impacts for utility lines (see attached 404/401
approvals) for the entire subdivision. As indicated on the attached impact maps, the
proposed cumulative impacts for this project are 230 LF of perennial stream impact and 221
linear feet of unimportant/intermittent stream impact. Mitigation was already paid for the
181 linear feet.
Treatment and attenuation of stormwater runoff has been addressed in Stormwater
Management Report submitted to the City of Raleigh and submitted to DWQ in an earlier
submittal. The report includes the necessary calculations required to show compliance
Mr. Ian McMillan
I SU RS
NC-DWQ "0414, 11619
2321 Cabtree Blvd.
Ra eighr NC 27604
?q'Cy
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone] www.withersravenel.com
7040 Wrightsville Avenue i Suite lol i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: [phone]
F
with the Neuse River Basin rules for Nitrogen export from the site and City of Raleigh
Stormwater Management Ordinance.
The applicant proposes payment to the Forrest Creek mitigation Bank for 98 linear feet of
perennial stream in order to satisfy mitigation requirements. We will forward their transfer
agreement under separate cover.
If you have any questions regarding this submittal, or require additional information, please
do not hesitate to call.
Sincerely,
WITHERS &-RAVENEL, INC.
-'?/z 1'??
Todd Preuninger
Senior Biologist
o?OF W A TF'9
1 1 > _?
wk _0Sq`lJ\ 03
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: River Run Subdivision - Phases 4 and 5
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: River Run
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information WETLANDS AND STUNkfER"'ORANCH
3a. Name(s) on Recorded Deed: John Wieland Homes and Neighbodhoods of NC
3b. Deed Book and Page No. 10524, Page#:1988
3c. Responsible Party (for LLC if
applicable): John Lowrance
3d. Street address: 101 Quail Fields Court
3e. City, state, zip: Morrisville, NC 27560
3f. Telephone no.: 919-481-3309
3g. Fax no.. 919-481-9157
3h. Email address: [e-mail]
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Todd Preuninger/Adam Ashbaugh
5b. Business name
(if applicable):
Withers & Ravenel
5c. Street address: 111 MacKenan Drive
5d. City, state, zip: Cary, NC 27511
5e. Telephone no.: 469-3340
5f. Fax no.: 467-6008
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 1729530516
Latitude: 035.9293838 Longitude: -
1 b. Site coordinates (in decimal degrees): 078.5770412
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 10.85 (for phases 4 and 5) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Neuse
proposed project:
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently wooded and surrounded by residential development
3b. List the total estimated acreage of all existing wetlands on the property:
0 (within phases 4 and 5)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
approximately 900 feet of perennial streams
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide residential housing.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of constructing roadways and townhomes. Typical earthmoving equipment will be used to clear the
site for construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: The Corps visted the site in July, 2009
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Withers & Ravenel
Name (if known): Todd Preuninger Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
200321366/200420721
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The previously issued permit allowed for a total impact to 181 linear feet of perennial streams and 98 linear feet of
temporary impacts for utility lines (see attached 404/401 approvals) for the entire subdivision.
AID#:200321366/200420721, DWQ #04-0544
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ®Yes ? No
6b. If yes, explain.
This is the final phase of an existing subdivision - no additional impacts will be required
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T NA ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Q ®P ? T fill UT to Neuse ® PER
? INT ® Corps
® DWQ 2-3 49
Y ®P ? T fill UT to Neuse ? PER
® INT ® Corps
® DWQ 1-2 221
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 270
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P)
or Temporary
T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) for impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
Q ® P ? T road UT to Neuse ® Nos 4,387 3,865
R ®P ? T pedestrian UT to Neuse ® Nos 0 786
S ®P ? T Pedestrian UT to Neuse ? Yes 0 410
bridge ® No
T EDP[] T Utility line UT to Neuse ®Neos 0 66
U ®P ? T Utility line UT to Neuse ® Nos 895 455
V ®P ? T Bypass UT to Neuse ® Nos 220 129
W ® PC] T Bypass UT to Neuse ® Nos 243 125
X ®P ? T Bypass UT to Neuse ® Nos 233 122
6h. Total buffer impacts 5,978 5,958
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
These impacts are necessary for the construction of a cul-de-sac roadway extension required to access the upland portions of
the property, together with pedestrian trails proposed for interconnection of the 2 phases which are separated by a
jurisdictional stream. Potential impacts to this stream crossing have been avoided by elimination of a road crossing indicated
on previous Preliminary Subdivision Plans, and minimized by use of the pedestrian trails in place of the roadway.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Consturction techniques used to minimze impacts included headwalls and steeper fill slopes at stream crossings
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Forrest CreeK Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: We will forward the transfer agreement under separate cover
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): NA square feet
4e. Riparian wetland mitigation requested: NA acres
4f. Non-riparian wetland mitigation requested: NA acres
4g. Coastal (tidal) wetland mitigation requested: NA acres
4h. Comments: NA
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The project is located in Phase II Community and the City of Raleigh will ? Yes ® No
be responsible for SW review.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? >24 %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The project will utilize level spreaders and appropriate BMP'S for treatment.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Raleigh
® Phase II
3b. Which of the following locally-implemented stormwater management programs ® NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
El HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is part of a previously approved subdivision plan. All stormwater will be treated in comliance with DWQ and
Phase 11 requirements.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Sanitary Sewer
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
[0] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NHP - and the fact that permits were previously issued for this project
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
This project (including phases 4 and 5) was previously permitted, and no historical resources were identified
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Fema maps

Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 28, 2009

Dee Freeman
Secretary
DWQ Project # 04-0544, Ver. 2
Wake County
Mr. Justin Patsey
John Wieland Homes
101-A Quail Fields Court
Morrisville, NC 27560
Subject Property: River Run Subdivision - Phases 4 and 5 - MODIFICATION
Ut to Crabtree Creek [030402, 27-(20.7), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Patsey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 230 linear feet of perennial stream (181 linear feet previously permitted and
mitigated for) and 10,725 square feet of Zone 1 Neuse River basin protected riparian buffer (5,269 square
feet previously authorized), and 27,621 square feet of Zone 2 Neuse River basin protected riparian buffer
(21,141 square feet previously authorized), as described in your application dated March 17, 2009, and
received by the DWQ on March 17, 2009, for a modification to an existing 401 Water Quality
Certification issued on April 21, 2004, to construct a residential development at the site. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3699 (GC3699) and 3705 (GC3705). The Certification(s) allows you to use Nationwide
Permit(s) NW 12 and NW29, respectively, when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Aatura!!t?
An Equal Opportunity 1 Affirmative Action Employer
t.
The Additional Conditions of the Certification are:
1. Impacts Approved
John Wieland Homes
Page 2 of 4
May 28, 2009
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 230 [(linear feet) 181 linear feet Application
reviousl permitted and mitigated for
Buffers Zone 1 10,725 [(square ft.) 5,269 square feet Application
previously authorized
Buffers Zone 2 27,621 [(square ft.) 21,141 square feet Application
previously authorized]
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
John Wieland Homes
Page 3 of 4
May 28, 2009
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP, including the signed and notarized Operations & Maintenance
Agreement, as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program; then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Mitigation:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
(919) 716-19215 if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 49 (linear feet) Neuse/03020201
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
John Wieland Homes
Page 4 of 4
May 28, 2009
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sin el y,
oleen H. Sullins
CHS/ijm
Enclosures: GC3705
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Adam Ashbaugh, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 040544Ver2RiverRunSDPhases4And5(W ake)401_NBR_MOD
cra
NCDEEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, W. Justin Patsey of John Wieland Homes, have permission to fill or
otherwise impact 230 linear feet of perennial stream (181 linear feet previously permitted and mitigated for) and
10,959 square feet of Zone 1 Neuse River basin protected riparian buffer, and 10,174 square feet of Zone 2 Neuse
River basin protected riparian buffer in the Neuse River Basin associated with the construction of Phase 4 and 5 of
the River Run residential development located approximately one-half mile east of the intersection of Falls of the
Neuse Road and Falls Management Center Road, in Raleigh, Wake County, North Carolina. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME River Run Subdivision Phases 4 and 5
DWQ PROJECT #: 20040544, Ver. 2
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
Dee Freeman
Secretary
As required by 15A NCAC 2H.0500, an d the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
49 Linear Feet of Perennial Stream 49 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 040544Ver2RiverRunSDPhases4And5(Wake)401 NBR_MOD_EEP
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/nowetlandst
North Carohna
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atarallrk
An Equal Opportunity 1 Affirmative Action Employer
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WITHERS &NC' RAVEN EL
ENGINEERS 1 PLANNERS 1 SURVEYORS
Site Access/Agent Authorization Form
Project Name: 1?. l\) ? ?tJ
Property Owner/Contract Purchaser: 1"O k(19LAnsn Rem g:6 AND C4cly-4N"
Address: UL-A i L- c ?c.pS' G`T-
__ 1Mnt?Qtsv??,+rli M(- 7,1540
Phone: Rl°1 - ?-f 81 - 330
Fax: 91°1 - y8! - 91S 1
Email: "olnrti• Iowro,nGe 0',wVLom4as . c.ow,
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division
of Water Quality, if necessary.
Property Owner: 3 RAJ Lo w Czr4N t.E Date:
(Print Name)
t
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It
Michael F. Easley, Governor
O?OF W ATF9 p? William G. Ross Jr., Secretary
\ North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
.:f Division of Water Quality
O
Colson H. Sullins, Deputy Director
Division of Water Quality
April 22, 2004
DWQ Project No. 04-0544
Wake County
Page 1 of 4
John Weiland Homes
Attn: Justin Patsey
101-A Quails Field Court
Morrisville, NC 27560
Subject Property: River Run (previously known as Falls Landing)
UT to Neuse River [03-04-02, 27-(20.7), C NSW (nutrient sensitive)]
APPROVAL of 401 Water Ouality Certification and AUTHORIZATION CERTIFICATE per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
EXPRESS REVIEW PROGRAM
Dear Mr. Patsey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 181 linear feet of perennial streams and 11,685 square feet (ft2) of protected riparian buffers
for the purpose of a road crossing at the subject property, as described within your application dated April 2,
2004 and the additional information dated April 14, 2004. After reviewing your application, we have decided
that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification
Number 3402 (GC3402). The Certification allows you to use Nationwide Permit 39 when issued by the US
Army Corps of Engineers (USACE).
In addition, you have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact by excavation, or otherwise impact 98 linear feet of stream and 19,630 square feet (ft) of
protected riparian buffers [580(ft2) parallel Zone 1 impacts] for the purpose of constructing utility lines at the
subject property, as described within your application dated April 2, 2004 and the additional information dated
April 14, 2004. After reviewing your application, we have decided that the impacts are covered by the N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number 3374 (GC3374). The
Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers
(USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers
per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control and Non-discharge regulations. Also, this approval will expire when the accompanying 404 permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition, you must follow the conditions listed in the attached certification and any additional conditions listed
below.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
_ • - -- .--- . .. . _, - -- - I1_.d -M-1- ,,,,...b,.- .... ,
•
John Weiland Homes
Page 3 of 4
4/22/04
devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
6. The outside buffer, wetland or water boundary as well as along the construction corridor within these
boundaries approved under this Certification shall be clearly marked by orange fabric fencing for the areas
that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15A NCAC 2B.0250.
7. This Certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone
except for permitted areas associated with culvert conditions.
8. The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer
system regulations.
9. Stormwater management structures shall be constructed and maintained according to the plans submitted
in the March 19, 2004 application.
10. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B
.0233(5).
11. During the construction of the project, staging of equipment of any kind is not permitted in waters of the
State, or protected riparian buffers.
12. The dimension, pattern, and profile of the stream, above and below the crossing, should not be modified by
widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
13. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or
greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger
should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to
become established in the culvert following installation and to provide aquatic fife passage during periods
of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. All
waters must flow through without freefalling or damming on either end of the culverts during low flow
conditions, to maintain aquatic life and/or fish passage.
14. Any riprap used must not interfere with aquatic life passage during low flow conditions.
15. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water.
This will lessen the chance of altering the stream's water chemistry and causing a fish kill.
16. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
17. The presence of equipment in the channels must be minimized. Under no circumstances must rock,
sand or other materials be dredged from the wetted stream channel under this authorization, except in
the immediate vicinity of the culverts.
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
19. Riparian vegetation must be reestablished within the construction limits of the project by the and of the
growing season following completion of construction. All protected riparian buffers impacted by the
placement of temporary fill or clearing activities shall be restored to the preconstruction contours and
revegetated with native woody species upon completion of the project construction.
John Weiland Homes
Page 2 of 4
4/22/04
Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to a fund administered by the NC Ecosystem Enhancement Program (EEP) to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet
the mitigation requirement. This contribution will satisfy our compensatory mitigation requirements. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program),
no impacts specified in this Authorization Certif icate shall occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any questions concerning payment into the EEP. You have one month from
the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Riparian Buffer Restoration Fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation River and Subbasin
Required Number
Stream 1:1 181 linear feet 03-04-02
Buffers (3:1) 580 x 3 = 1,740 (square 03-04-02
feet
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at httpl/h2o.enr.state.nc.us/ncwetlands.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project
c. If this project requires borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes, or
rules occur.
r
5. Pursuant to NCAC 15A 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse Buffer without prior approval by the DWQ. At this time, the DWQ has not approved the use of
sediment and erosion control devices in Zone 1 anywhere on this project. Sediment and erosion control
John Weiland Homes
Page 4 of 4
4/22/04
•
20. The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the
letterhead address within 10 days of the commencement of construction.
21. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules
and any subsequent modifications, the applicant is required to return the attached certificate of completion
to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. Please send photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall
expire upon expiration of the 404 or CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Neuse Riparian Buffer protection rule as described within 15A NCAC 213.0233. If you have any questions,
please telephone John Domey at 919-733-9646 or Debbie Edwards at 919-733-9502.
Sincerely,
Attachments: Certificate of Completion
GC 3402
GC 3374
PKIimek, P.E.
C , o
Cc: Tod d Preuninger-S&EC
USACE Raleigh Regulatory Field Office
Steve Mitchell, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 04-0544
V V? ? V. M V V Y V/ V V 1 AA
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<,- `i (0;-w X
U.S. ARMY CORPS OF ENGINEERS COPY
Wilmington District
Action ID: 200321366/200420721 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERMCATION
Property
Owner John Wieland Homes and
Neighborhoods of NC. Inc.
Attn: Justin Patsy
Address 101-A Quails Field Ct.
Morrisville. NC 27560
Telephone Number. 919-481-3309
Authorized
Agent Soil & Environmental Consultants, hic.
Attu; Todd Preuninger
Address 11010 Raven Ridme Road
Raleigh.. NC ?7614
Telephone Number 919-846-5900
Size and Location of Property (waterbodv, Highway nam?le number, town, etc.): The property is-
approximately 125 acres in size. It is located on the east side of Falls of Neuse Road (SR 2000) and
approximately % mile south of the Neuse River north of Raleigh, Wake County, North Carolina.
Aescr:ptiou of Activity: This permit authorizes excavation, installation of a culvert, and fill associated
with the construction of the River Run subdivision. Temporary impacts to waters authorized by this
permit include 98 linear feet of stream channel NWP 12 (AID 200321366) for sanitary sewer installation.
Permanent impacts to stream channels authorized by this permit total 0.037 acre, which includes 181
linear feet for a road crossing under NWP 39 (AID 2002420721). The stream channels contained on this
property are located adjacent to an unnamed tributary of the Neuse River in the Neuse River Basin.
Applicable Law: ----L -Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
12 & 39 Nationwide Permit Number
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 Jennifer A. Burdette at telephone number (919) 876 - 8441 extension 22
Regulatory Project Manager Signature

Date May 17.2004* Expiration Date May 17, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (1ME) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
* Please note that above date reflects the day the work was authorized due to lapse of 45-day review as outlined in
the PCN notification requirements - see Condition 13, 67 Fed.Reg. 2090 (January 15, 2002)_ MAY 2
.at 10, t V * V 1 . Ja rein %JUUd
Action ID: 200321366/200420721 County: Wake
1. You shall mitigate for 181 linear feet of stream channel associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in the amount necessary to perform restoration to 181 linear feet of
warm water stream in the upper Neuse River Basin (Cataloging Unit 03020201)
as stated in the permit application. Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment with certified
check to the NCEEP, and the NCEEP has made written confirmation to the
]District Engineer, that it agrees to accept responsibility for the mitigation work
required, pursuant to Paragraph IV.D. of the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources
and the U.S. Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Regional Conditions
-16
For all NWPs that involve construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms. For
all culvert construction activities, the dimension, pattern, and profile of the stream,
(above and below a pipe or culvert), should not be modified by widening the stream
channel or by reducing the depth of the stream. Culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in diameter. For
culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the
stream to a depth equal to or greater than 20 percent of the diameter of the culvert.
A IFA
rVI.WA
10021
INA&
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley. Governor
William G. Ross Jr., Secretary
RECEIPT
John Wieland Homes of North Carolina, Inc.
P.O. Box 87514
Atlanta, GA 30337
May 27, 2004
Re: Project: River Run (Falls Landing)
DWQ#: 04-0544
COE#: 200321366/200420721
County: Wake
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check in the amount of
$37,870.40 check number 1598, as payment for the compensatory mitigation requirements of the 401 Water
Quality Certification/Section 404 permit issued for the subject project. This receipt serves as notification that
the compensatory mitigation requirements for this project have been satisfied. Please note that you must also
comply with all other conditions of this certification and any other state, federal or local government permits or
authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the
compensatory mitigation requirements associated with the subject permit and agrees to provide the
compensatory mitigation as specified in the permit. The NCEEP will restore 181 linear feet of stream and 1,740
square feet of riparian buffers in Cataloging Unit 03020201 of the Neuse River basin.
Payments to the Ecosystem Enhancement Program are NOT reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. A letter must accompany requests for
reimbursement from the permitting agencies stating that the permit and/or authorization has been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Deborah D. Anderson
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Burdette, USACOE-Raleigh
Steve Mitchell, DENR Regional Office-Raleigh
File
NC DENR Ecosystem Enhancement Program One
1619 Mail Service Center, Raleigh, North Carolina 27699-1619 NOrthCarolina
Phone: [phone] FAX: [phone] ! Internet: h2o.enr.state.nc.us/wrp/ Aatwdft?