20051952 Ver 1_Complete File_20051021

•
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614. • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 24, 2006
S&EC Project # 9280.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: C
2321 Crabtree e Boulevard, Suite 250
Raleigh, NC 27604
?
From: Sean Clark WAR 2 2006
Soil & Environmental Consultants, P.A. OENR - t%ATER QUALITY"
11010 Raven Ridge Road tYETI.ANDSAND STt?PMWATER BM4CH
Raleigh, NC 27614
Re: Bella Casa Subdivision
DWQ Project # 05-1952
On October 21, 2005, S&EC requested on behalf of the owner, JVI Construction Inc., a 401
Water Quality Certification from the N.C. Division of Water Quality. An approval was received for
this request on October 31, 2005 (see attached). However, during its review process with the
U.S. Army Corps of Engineers, impacts were reduced from 0.44 acres to 0.32 acres of wetland
impact (see attached).
Please accept this letter as a request for a revision of the 401 Water Quality Certification; DWQ
Project # 05-1952. Attached are pages 4 of 9 and 5 of 9 of the Pre-Construction Notification
Application and updated impact maps, in addition, I have included an impact summary for your
review.
IMPACT SI IMMAPY
Stream Impact (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream impact (linear feet): 0 ,
Please call me at [phone] if you have any questions or require additional information.
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments:
401 Water Quality Certification-(DWQ Project # 05-1952)
Nationwide Permits 39 & 18 (Action ID# 200620123 & 200620124)
Sheets 4 of 9 & 5 of 9 of the PCN
Impact Maps and Overall Site Plan
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
W AT ?9QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 31, 2005
Mr. Joey Iannone
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502
Subject Property: Bella Casa Subdivision - Phases 1- 3
Beaver Creek [030605,.1641-10-(0.5), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1952
Wake County
y

t: Soil & Ems, onmeml Consu+la,; s, PA I
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW18 and NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 (acres) PCN age 4 of 9
lVC Caro]ina
401 Oversight/Express Review Permits Unit fllCll ?l?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / intemet: htt2://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 500/6 Recycled/10°/a Post Consumer Paper
JVI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401[Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit (applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
NI Construction, Inc. ,
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be`on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation. control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions.in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
JVI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.uslsulForms Documents.htm.;
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-7914200.
AWK/Um
Enclosures: GC 3402
Certificate of Completion
Sincerely,
r
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051952Be11aCasaS DPh 13(Wake)401
FEB.08'2006 10:43 919 876 5823 USACE RAL REG
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action iD. 200620123 and 200620124 County: Wake USGS Quad: New Hill
FILE COPY
GENERAL PEWWT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr..toey Iannone
Address: JVL
Constuxctior! Inc.
501 North Saiem Street, Suite 105
meat, INC 27502
Telephone No.: 919-387-5846
Size and location of property (water body, road name/number, town, etc.): The proiect site is located oil the north
side of Apex Barbecue Road approxl nately 1000 feet pact Beaver Creek near Apex in Wake County NC
Description of project4 area and activity: ?bia permit au?tfrorizes 0.23-acre of permanent wetland impact tNWP 39)
and 0.09-acre permanent wetland impact (NWP 18) for a total of 0.32 acres of permanent wetland impact in the
construction of a residential subdivision Mitigation at a 2-1 ratio is required for these impacts (see Permit
Conditions below).
Applicable I..aw: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 and 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.,
This verification is valid until the NWP is modified, reissued, or revolted. All of the existing NWPs are scheduled to
be mo fied, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue apublic notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Array verification door not relieve the permittee of the responsibility to obtain any other
required Federal, Stato or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Pcrwt t Condition: In order to compcusato for impacts to 0.32 acres of wetlands the perrnitteo shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the arnount determined by the
NC EEP, suf'ficieut to perform the restoration of 0.64 acres of riparian habitat type wetlands in the Cape Fear
River Basin, Cataloging Unit 03030002..Coustruction within jurisdictional areas on the property shall begin
only after the permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina
#5037 P.002/007
B. '200 10:43 919 876 5823 USAGE RAL REG #5037 P.004/007
-3-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within tho above
descnbed project area. This preliminary determination is not air appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CPR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbor% Act and Section 404 of tho Clean Water Act. Unless these is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
® Them= waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action ID
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and are adiacent to an UT to Beaver Creek. This yronerty alto contains stream
channels that exhibit an Ordinary High Water Mark ns Indicated by changes in soil character and nbse"ce of
terrestrial vegetation and are hydrologically connected to Beaver Creek in the Cape Fear -River Basin
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to
this determination, you .may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (R1:'A) form If you request to
appeal this determiuation you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-5801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 33 LS, and that it has been received by the Division Office within 60 days of the date of
the NAP. Should you decide to submit an RFA form it must be received at the above address by April 7, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Monte Matthews
Date Feb ua 7 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
FEB.08'2006 10:13 919 876 5823 USACE RAL REG #5037 P.003/007
-2-
-2-
Department of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described as found in 8ehafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
Corps Regulatory Official Monte Matthews . Date: Fq4Lq;kin? 7.2006
Expiration Date of Verification: March 18, 2007
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts (Impacts
1-4) total 14,091 ft2 (0.32 acre). These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Road fill Emergent (herbaceous) no 250 ft 0.02
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #1 and impact #4) is unavoidable, wetlands exists at the
narrowest part of the property and this road is needed to connect the western portion of the
property to the eastern portion. In addition, the proposed lot fill (impacts #2) is needed in order
to construct a home on this lot. The proposed stormwater pond (impact #3) is needed in order to
provide detention/treatment as per the Town of Apex's requirements. The pond is positioned in
this spot because it is the lowest point in the center of the property. The pond cannot be placed
on the eastern portion of the property due to the Town of Apex's riparian buffers. The proposed
pond location is out of the riparian buffers and located at the lower most portion of the property
which is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 24, 2006
S&EC Project # 9280.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Bella Casa Subdivision
DWQ Project # 05-1952
MA2 2 ? 200
1048 VAXER QUAI-1 ?yCti
?lcTlAt•OSE- 5 a ?,ATERB,
On October 21, 2005, S&EC requested on behalf of the owner, JVI Construction Inc., a 401
Water Quality Certification from the N.C. Division of Water Quality. An approval was received for
this request on October 31, 2005 (see attached). However, during its review process with the
U.S. Army Corps of Engineers, impacts were reduced from 0.44 acres to 0.32 acres of wetland
impact (see attached).
Please accept this letter as a request for a revision of the 401 Water Quality Certification; DWQ
Project # 05-1952. Attached are pages 4 of 9 and 5 of 9 of the Pre-Construction Notification
Application and updated impact maps, in addition, I have included an impact summary for your
review.
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
Please call me at [phone] if you have any questions or require additional information
Sincerely,
P
Debbie Edwards
Environmental Specialist
Attachments:
401 Water Quality Certification-(DWQ Project # 05-1952)
Nationwide Permits 39 & 18 (Action ID# 200620123 & 200620124)
Sheets 4 of 9 & 5 of 9 of the PCN
Impact Maps and Overall Site Plan
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 31, 2005
DWQ Project # 05-1952
Wake County
71
Mr. Joey Iannone
li)
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502 u ,N0 }/ ' -- MOV [ r'
Subject Property: Bella Casa Subdivision - Phases 1- 3 a , . .
By:Soil&En>rionin?ni?I(onsuu?:I?,PA
Beaver Creek [030605,.16-41-10-(0.5),WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 (acres) PCN page 4 of 9
401 OversighttExpress 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]/ Intemet htta://h2o.enr.state.nc.us/ncwettands
One
N Carolina
Na roily
An Frvini rlrv inihi/Affirmntiva Artinn Fmnhvar- r"A RP.r:vr1arV1n0/ Pnct r viqumP.r PanP.r

NI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on 'site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 211,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web. site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation. control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions.in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
NI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm.;
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-7914200.
AWK/Ym
Enclosures: GC 3402
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051952BeI1aCasaSDPhI _3(Wake)401
FEB.08'2006 10:43 919 876 5823 USACE RAL REG #5037 P-002/007
U.S. ARMY CORPS OF ENGINEERS FILE WILMINGTON DISTRICT' COPY
Action ID. 200620123 and 200620124 County: `Wake USGS Quad: New Hill
GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Joey Iannone
Address: ? JVI Construction Inc.
501 Z4grtlr Salem Street, Suite 105
Apm NC 27502
Telephone No.: 919-387-3846
Size and location of property (water body, road name/number, town, etc.): The proecct site is located on the north
side of Apex barbecue Road apnroxiarately 1000 feet past Beaver Creek near Apex in Wake County NC
Description of projects area and activity: This permit autiroriaes 0.23-acre of pe anent wetland impact (i`1WP 39)
and 0.09-acre permanent wetland impact (NWT 18)fora total of 0.32 acres of permanent wetland Impact in the
construction of a residential subdivision. Mitigation at R 2.1 ratio is required for these impacts (see Permit
Conditiong below).
Applicable Law. ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 and IS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.,
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWFs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District EnL;ir?eer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorizations under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certi.ficatiou. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification dons riot relieve the permittee of the responsibility to obtain any other
required Federal, Stato or local approvals/permits.
If there ate any questions regarding this verification, any of the condition,. of the Permit, or the Corps of E.ngincers
regulatory program, please contact Monte Matthews at (919) 876-844100.
Permit Condition: In order to comporrsatc for impaetzs to 0.32 acrca of wetlands the penriittoo shall xnakc
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount detemtined by the
NC EEF, sufficient to perform the restoration of 0.64 acres of riparian habitat type wetlands in the Cape Fear
River Basin, Cataloging Unit 03030002..Coxistruction within jurisdictional area..s, on the property shall begin
only after the permittee has made full payment to the NC EEF and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina
FEB.08'2006 10:43 919 876 5823 USACE RAL REG #5037 P.003/007
-2-
-2-
Department of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described ac found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
Corps Regulatory Official o to Matthews .,a"
4ut -
Date: Eebrun. 7, 2006
Expiration Date of Verification: March 18, 2007
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts (Impacts
1-4) total 14,091 ft2 (0.32 acre). These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Road fill Emergent (herbaceous) no 250 ft 0.02
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? t? Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect-
Stream Im act (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact acres : 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact 41 and impact #4) is unavoidable. wetlands exists at the
narrowest part of the property and this road is needed to connect the western portion of the
property to the eastern portion. In addition, the proposed lot fill (impacts #2) is needed in order
to construct a home on this lot. The proposed stormwater pond (impact #3) is needed in order to
provide detention/treatment aster the Town of Apex's requirements. The pond is positioned in
this spot because it is the lowest point in the center of the property. The pond cannot be placed
on the eastern portion of the property due to the Town of Apex's riparian buffers. The proposed
pond location is out of the riparian buffers and located at the lower most portion of the property.
which is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 24, 2006
S&EC Project # 9280.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Bella Casa Subdivision
DWQ Project # 05-1952
r-g
1D N
F;4 2006
0948 - WATER QUALITY
Y UO',103 ANN STC'.?r&TER ERA11111
On October 21, 2005, S&EC requested on behalf of the owner, JVI Construction Inc., a 401
Water Quality Certification from the N.C. Division of Water Quality. An approval was received for
this request on October 31, 2005 (see attached). However, during its review process with the
U.S. Army Corps of Engineers, impacts were reduced from 0.44 acres to 0.32 acres of wetland
impact (see attached).
Please accept this letter as a request for a revision of the 401 Water Quality Certification; DWQ
Project # 05-1952. Attached are pages 4 of 9 and 5 of 9 of the Pre-Construction Notification
Application and updated impact maps, in addition, I have included an impact summary for your
review.
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream impact (linear feet): 0
Please call me at [phone] if you have any questions or require additional information.
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments:
401 Water Quality Certification-(DWQ Project # 05-1952)
Nationwide Permits 39 & 18 (Action ID# 200620123 & 200620124)
Sheets 4 of 9 & 5 of 9 of the PCN
Impact Maps and Overall Site Plan
Charlotte Office,
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
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
October 31, 2005
DWQ Project # 05-1952
Wake County
Mr. Joe Iannone
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502 JNQV 0
Subject Property: Bella Casa Subdivision - Phases 1- 3
Beaver Creek [030605,16-41-10-(0.5), WSIV, NSW] BY:Soil &EnvlrunraniaiConsi,+la,s,PA
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 acres PCN page 4 of 9
Wne
401 Oversight/Express Review Permits Unit Natm ally
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 Eaual Onoortunity/Affirmative Action Emolover- 50% Recvcled/10% Post Consumer Paper
JVI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/newetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation. control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit "conditions including the sedimentation control plan, self-monitoring, record keeping
JVI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm. I-
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-791-4200.
Sincerely,
Alan W. Klimek, P.E.
AWK/ jm
Enclosures: GC 3402
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051952Be11aCasaSDPh 1_3(Wake)401
FEB.08'2006 10:43 919 876 5823 USACE RAL REG #5037 P.002/007
U.S. ARMY CORPS' OF ENGINEERS FILE,
WMMJNGTON DZSnUCi'
Action ZD. 200620123 and 200620124 County: `wake USGS Quad: New Fail
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Mr..Ioey Iannone
Address: 3yI ConstiZpetiog Inc.
501 Nortb Salem Street. Suite 105
-Apex, NC 27502
"telephone No.: 919-387-8846
Size and location of property (water body, road namxme/nurnber, town, etc.): The project site is located on the north
side of Apex Barbecue Load approximately X000 feet vast Beaver Creek, near Apex in Wake County NC
Description of project area and activity: Tbia vermit autftorizer 0.232
_Acre of permanent wetland impact (i?IWP 391
and 0.09-sere permanent wetland impact (NWT 18), fora total of 0.32 acres of permanent wetland impact in the
construction of a residential subdivision. Mitigation at a 2.1 ratio is required for these impacts (see Permit
Conditions below).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Naiiouwide PernutNumziber: 39 and 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.,
This verbcation is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or ruodified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District $ugineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
N'WP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to :regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relievo the permittee of the responsibility to obtain any other
required Federal, Stato or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] 00.
Pex-mit Coatdltton: In order to cornpcn3ate for impacts to 0.32 acres of rvatlands the perrnittoo shall xnokc
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the
NC EEP, sufficient to perform the restoration of 0.64 acres of riparian habitat type wetlands in the Cape Fear
River Basin, Cataloging Unit 03030002..Cowtructign within jurisdictional areas on the propertyshall begin
only after the permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina
FEB.08'2006 10:13 919 876 5823 USACE RAL REG #5037 P.003/007
-2-
-2-
]department of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
Corps Regulatory Official. Monte Matthews ALA Date: k'ebrua" 7 2006
Expiration Date of Verification: March 18, 2007
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts (Facts
1-4) total 14.091 ft2 (0.32 acre) These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 R 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Road fill Emergent (herbaceous) no 250 ft 0.02
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres : 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #1 and impact #4) is unavoidable, wetlands exists at the
narrowest part of the property and this road is needed to connect the western portion of the
property to the eastern portion. In addition, the proposed lot fill (impacts #2) is needed in order
to construct a home on this lot. The proposed stormwater pond (impact #3) is needed in order to
provide detention/treatment as per the Town of Apex's requirements. The pond is positioned in
this spot because it is the lowest point in the center of the property. The pond cannot be placed
on the eastern portion of the property due to the Town of Apex's riparian buffers. The proposed
pond location is out of the riparian buffers and located at the lower most portion of the property,
which is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 24, 2006
S&EC Project # 9280.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
MAR 2 4 2006
17EftiR - VAX ER QUALITY
WETWNDS MD STMRN TER ('.MNCH
Re: Bella Casa Subdivision
DWQ Project # 05-1952
On October 21, 2005, S&EC requested on behalf of the owner, JVI Construction Inc., a 401
Water Quality Certification from the N.C. Division of Water Quality. An approval was received for
this request on October 31, 2005 (see attached). However, during its review process with the
U.S. Army Corps of Engineers, impacts were reduced from 0.44 acres to 0.32 acres of wetland
impact (see attached).
Please accept this letter as a request for a revision of the 401 Water Quality Certification; DWQ
Project # 05-1952. Attached are pages 4 of 9 and 5 of 9 of the Pre-Construction Notification
Application and updated impact maps, in addition, I have included an impact summary for your
review.
IMPACT SUMMARY
Stream Impact (acres): 0
Welland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
Please call me at [phone] if you have any questions or require additional information
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments:
401 Water Quality Certification-(DWQ Project # 05-1952)
Nationwide Permits 39 & 18 (Action ID# 200620123 & 200620124)
Sheets 4 of 9 & 5 of 9 of the PCN
Impact Maps and Overall Site Plan
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]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 31, 2005
Mr. Joey Iannone
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502
Subject Property: Bella Casa Subdivision - Phases 1- 3
Beaver Creek [030605,.16-41-10-(0.5), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1952
Wake County

NO V 4- ?r• ff`
By: Soil & knvlromialiai Consura ::s, PA
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 (acres) PCN age 4 of 9
401 Oversight/Express Review Permits Unit
1650 Mal Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet ittp://h2o.enr.state.nc.us/ncwetlands
No Carolina
X&AW!y
AnFrnal(kvuifimifii/AffirmatniaArtinnFnvAmar_.A&/ Rarvt:lar11100 Pnct(:(ngij 1P.rPanar
NI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on 'site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 211,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.uslncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions.in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with perniit conditions including the sedimentation control plan, self-monitoring, record keeping
JVI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr. state.nc.us/su/Forms Documents. htm. I-
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-7914200.
AWK/Ym
Enclosures: GC 3402
Certificate of Completion
Sincerely,
r
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Rename: 0 51952 B e1laCasaS D Ph 1 } (W ake)401
FEB.08'2006 10:43 919 876 5823 USACE RAL REG #5037 P.002/007
U.S. ARMY CORPS OF ENGINEERS FILE Copy
WILMINGTON DISTRICT
Action J.D. 200620123 and 200620124 County: Wake USGS Quad: New Rill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Mn loey Iannone
Address: JYZ Constrgctiog Inc.
501 Nortb Salem Street, Suite 105
-Apex, NC 27502
Telephone No.: 919-387-5846
Size and location of property (water body, road name/number,, town, etc.): The project site is located on the north
side of Ape, Barbecue Road approxiuaately 1000 feet past Beaver Creek, near Apex in Wake County NC
Description of projects area and activity: ibis ae mit aartfkorizec 0.23-acre of permanent wetL?ed impact (.NL 39)
and 0.09-9cre permanent wetland impact (NWp 18), fora total of 432 acres of permanent wetland impact in the
construction of a residential subdivision. Mitigation at a 2-1 ratio is required for these iMRacts (see Permit
Condiflow below).
Applicable Latin: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 and 18
Your work is authorized by the above .referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.,
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NW1's are scheduled to
be .modified, reissued, or revoked prior to March 18, 2007_ It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verXcation will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certificatiou. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Array verification doos not relievo tho perinittee of the responsibility to obtain any other
required Federal, Stato or local approvals/permits.
If there are any questions regarding this verification, any of the conditions. of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
PCrXWt Coakd.100n: In ordcr to compcasatc for irrapacts to 0.32 acres of wetlands the pernrittov shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the
NC EEP, sufficient to perform the restoration of 0.64 acres of riparian habitat type wetlands in the Cape Fear
River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin
oWy after the permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina
FEB.08'2006 10:43 919 876 5823 USACE RAL REG #5037 P.003/007
-2-
-2-
Department of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described as found in Sehafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States"
Corps Regulatory Official o to Matthews 444?
Date: Fehrua 7, 2006
ENpiration Data of Verification: March 18, 2007
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts Impacts
1-4) total 14,091 ft2 (0.32 acre). These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Road fill Emergent (herbaceous) no - 250 ft 0.02
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
. Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage). N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #1 and impact #4) is unavoidable, wetlands exists at the
narrowest part of the property and this road is needed to connect the western portion of the
property to the eastern portion. In addition, the proposed lot fill (impacts #2) is needed in order
to construct a home on this lot. The proposed stormwater pond (impact #3) is needed in order to
provide detention/treatment as per the Town of Apex's requirements. The pond is positioned in
this spot because it is the lowest point in the center of the property. The pond cannot be placed
on the eastern portion of the property due to the Town of Apex's riparian buffers. The proposed
pond location is out of the riparian buffers and located at the lower most portion of the property,
which is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
6A, www.SandEC.com
March 24, 2006
S&EC Project # 9280.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Bella Casa Subdivision
DWQ Project # 05-1952
??B
MAR 2 4 2006
LENR - WATER QUALITY
'Trr-TLAMS AND sr0,TA!',".TER 811MCH
On October 21, 2005, S&EC requested on behalf of the owner, JVI Construction Inc., a 401
Water Quality Certification from the N.C. Division of Water Quality. An approval was received for
this request on October 31, 2005 (see attached). However, during its review process with the
U.S. Army Corps of Engineers, impacts were reduced from 0.44 acres to 0.32 acres of wetland
impact (see attached).
Please accept this letter as a request for a revision of the 401 Water Quality Certification; DWQ
Project # 05-1952. Attached are pages 4 of 9 and 5 of 9 of the Pre-Construction Notification
Application and updated impact maps, in addition, I have included an impact summary for your
review.
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
Please call me at [phone] if you have any questions or require additional information.
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments:
401 Water Quality Certification-(DWQ Project # 05-1952)
Nationwide Permits 39 & 18 (Action ID# 200620123 & 200620124)
Sheets 4 of 9 & 5 of 9 of the PCN
Impact Maps and Overall Site Plan
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
O?O? WA
T ?9QG
O -C
October 31, 2005
Mr. Joey Iannone
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502
Subject Property: Bella Casa Subdivision - Phases 1- 3
Beaver Creek [030605,.16-41-10-(0.5), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1952
Wake County

?11051
By: Soil & Envlruninan(31 Consu laas, PA
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW18 and NW39 when issued by the US
Army Corps of Engineers (USACE). hi addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 (acres) PCN page 4 of 9
orthCarolina
401 oversight/Express Review Permits Unit OV174 711y
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.uslncwetiands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Eoual Oooortunity/Affirmative Action Emolover- 50% Recvcled/10% Post Consumer Paper
NI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation.control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
JVI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm. 1,
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-791-4200.
AWK/Um
Enclosures: GC 3402
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051952Be11aCasaSDPh 1 3 (Wake)401
FEB.08'2006 10:43 919 876 5823 USACE RAL REG
U.S. ARMY CORPS' Off' ENGINEERS
WILMINGTON DISTFJCT
Action J.D. 200620123 and 200620124 County: Wake USGS Quad: New 11il
FILE. COPY
GENEXUL )PFUUN11T (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Joey Iannone
Address: dVT Construction. Inc.
501 North Salem Street, Suite 105
-Apex, NC 27502
Telephone No.: 919-387-5846
Size and location of property (water body, road name/number, town, etc.): The project site is located on the north
side of Apes Barbecue road approximately 1000 feet vast Beaver Creek near Avee in Wake County NC
Description of projects area and activity: Tbis_permit autltorizes 0.23-acre of permanent wetland Impact GNWP 39)
And 0.09-acre permanent wetland Impact (NWP 18), fora total of 0.32 acres of permanent wetland impact in the
construction of a residential subdivision. MitigFition at -R 2-1 ratio is required for these impacts (see Permit
Conditions below)
Applicable Taw: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide PertrutNurnber: 39 and I8
Your work is authorized by the above referenced permit provided it is accomplished is strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.,
'This verification is valid until the NWP is modified, reissued, or revolted. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Frigineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) znay also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Amy verification does anot relievo the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verTcation, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Condition: In order to compexxsatc for ixnpact,4 to 0.32 aerou of wetlands the pernlittoo shall makc
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the
NC EEP, sufficient to perform the restoration of 0.64 acres of riparian habitat type wetlands in the Cape Fear
River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin
only after the pernittee has made full payment to the NC EEE and provided a copy of the payment
documentation to the Cozps, and the NC EEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina
#5037 P-002/007
FEB.08'2006 10:13 919 876 5823 USACE RAL REG
#5037 P.003/007
-2-
-2-
Department of Environment and Natural Resources and the United States Arrny Corps of Engineers,
Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third ,Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Decpwater Habitats of the of the United States"
Corps Regulatory Official o . to Matthews
Date: FehrgArY 7 2006
4 ?Mi ?-
Expiration Date of Verification: March 18, 2007
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland im aU cts (Impacts
1-4) total 14.091 ft2 (0.32 acre). These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no -- 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NW 39) Road fill Emergent (herbaceous) no 250 ft 0.02
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the nmiect-
Stream Im act acres): 0
Wetland Impact (acres : 0.32
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.32
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #1 and impact #4) is unavoidable, wetlands exists at the
narrowest part of the property and this road is needed to connect the western portion of the
property to the eastern portion. In addition, the proposed lot fill (impacts #2) is needed in order
to construct a home on this lot. The proposed stormwater pond (impact #3) is needed in order to
provide detention/treatment as per the Town of Apex's requirements. The pond is positioned in
this spot because it is the lowest point in the center of the property. The pond cannot be placed
on the eastern portion of the property due to the Town of Apex's riparian buffers. The proposed
pond location is out of the riparian buffers and located at the lower most portion of the property,
which is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
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Ecosystem
PROGRAM
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Bella Casa Subdivision
November 30, 2005
County: Wake
©S-19s2-.,.
W
DEC ' 4 ?005
CJALIN
, ?t'1vE vN?t7UTLhriil'?Tl:itF-WICH
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
Cape Fear 0.44 0 0 0 0 0 0 0
03030002
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
?. cif
6i1g17amD. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Kfftoriptg... E ... Protect Our R t&
ern
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 31, 2005
Mr. Joey Iannone
JVI Construction, Inc.
501 North Salem Street, Suite 105
Apex, NC 27502
Subject Property: Bella Casa Subdivision - Phases 1- 3
Beaver Creek [030605,.16-41-10-(0.5), WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Iannone:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1952
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.44 acres of wetlands for the purpose of constructing a residential subdivision
at the subject property, as described within your application dated October 21, 2005 and received by the
N.C. Division of Water Quality (DWQ) on October 21, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW39 when issued by the US
Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.44 (acres) PCN page 4 of 9
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httg://h2o.enr.state.nc.us/ncwetlands
e Caro ina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
ti
NI Construction, Inc.
Page 2 of 3
October 31, 2005
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b..; The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
a,
JVI Construction, Inc.
Page 3 of 3
October 31, 2005
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm.;
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Washington Regional Office at 919-791-4200.
AWK/Ym
Enclosures: GC 3402
Certificate of Completion
Sincerely,
Y
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051952Be11aCasaSDPh 1 _3(Wake)401
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
October 21, 2005
S&EC Project # 9280.w2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Monte Matthews Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27615 Raleigh, NC 27604 2
0051952
From: Sean Clark r
Soil & Environmental Consultants, P.A. + c T7
11010 Raven Ridge Road [ (?
Raleigh,, NC 27614 _:_
O c T 2005
Re: Bella Casa Subdivision (formerly known as Toad Hollow Site)
Raleigh, Wake County NC i! rt ita';,^r ' iljHtl
`?7i';7fi64nT'?AR &+TM24F'CH
On behalf of the owner, JVI Construction Inc. (Attn: Joseph lannone) please find attached a
complete application and supplemental information requesting written concurrence from the U.S.
Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the
activities proposed below may precede under Nationwide Permits 39 and 18 and General Water
Quality Certification 3402. Please contact me at [phone] if you have any questions or
require additional information.
PROJECT SUMMARY
Project Name Bella Casa Subdivision Phases 1-3
Project Type Residential Subdivision
Owner / Applicant JVI Construction Inc.
Count Wake
Nearest Town Apex
Waterbod Name Beaver Creek
Basin / Sub-basin 03-06-05
Index Number 16-41-10-(0.5)
Class WS-IV; NSW .
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.44
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.44
Total Stream Impact (linear feet): 0
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
Wake County GIS Site Vicinity Map
New Hill, NC - USGS Map
Wake County Soil Survey Map - Sheet No. 65
Impact Maps
Wti dPht
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$200.00 Application Fee to DWQ
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Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18 and 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
Owner/Applicant Information
Uw 22 @ 0 W/ R
OCT 2 1 Zoos
Name: JVI Construction Inc.
Mailing Address: Attn: Joey Iannone 0,h47t=?{
t' €14 tii?.? rz--?. a ? s, nf.? t , s ?:.n a?arscN
501 North Salem Street
Suite 105
Apex, NC 27502
Telephone Number: 919-387-8846 Fax Number: 919-387-6962
E-mail Address: Joey(,JVICONSTRUCTION.COM
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road,
Raleigh NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: sclarkna sandec com
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bella Casa-Phases 1-3
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0721-97-7972
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): new subdivision
Directions to site (include road numbers/names, landmarks, etc.): Hwy 64 west, exit Hwy
55 south west on Oliver Chapel Road south on Apex Barbecue road property located on the
north side of Apex Barbecue Road approximately 1000 feet past Beaver Creek.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.1196 ON 78.1477 °W
6. Property size (acres): 17.56 acres
7. Name of nearest receiving body of water: Beaver Creek WS-IV: NSW
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/mVs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The land use is currently agricultural-farm land that is
predominantly pasture with headwater forest wetlands located along the identified stream
feature that cuts across the northeastern property corner.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is a single-family residential subdivision, which will include utilities such
as roads, sewer, water, etc. Typical grading and excavating equipment such as bulldozers,
backhoes, and motor graders will be utilized for construction.
11. Explain the purpose of the proposed work: The purpose of the work is to provide additional
housing to meet the growing demand in the area. The proposed wetland impacts will result
from the construction of a road, general lot fill and the construction of a stormwater facility.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. S&EC conducted a site visit with Kevin Yates of the USACE on April 7,
2005 to determine jurisdictional wetlands and important/unimportant streams. S&EC conducted
a site visit with Eric Kulz of the DWG's Raleigh Regional Office on April 8, 2005 to determine
perennial/intermittent streams. Town of Apex conducted a site visit and reviewed DWG's
intermittent/perennial letter dated May 3, 2005 for the implementation of the Town of Apex
Water Quality Buffer Requirements. The western portion of the property as it currently appears
was not initially reviewed by the USACE, so pictures of the nonjurisdictional drainage are
attached.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
At this time, the need for future permits (DWQ and/or USACE) is not anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts (Impacts
1-4) total 19,189 ft2 (0.44 acre). These impacts are expounded upon below. No stream
impacts are proposed.
4
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
I
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Lot fill Emergent (herbaceous) no 180 ft 0.14
Total Wetland Impact (acres) 0.44
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent Stream Width Length Impact
indicate on ma . Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the ro'ect:
Stream Impact (acres): 0
Wetland Impact (acres): 0.44
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.44
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #1) is unavoidable. wetlands exists at the narrowest nart of the
property and this road is needed to connect the western portion of the property to the eastern
portion. In addition, the proposed lot fill (impacts #2 and #4) is needed in order to construct
homes on these lots. The proposed stormwater pond impact #3) is needed in order to provide
detention/treatment as per the Town of Apex's requirements. The pond is positioned in this spot
because it is the lowest point in the center of the property. The pond cannot be placed on the
eastern portion of the property due to the Town of Apex's riparian buffers. The proposed pond
location is out of the riparian buffers and located at the lower most portion of the property, which
is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS nutrients) removal.
Page 5 of 9
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
hLtp://h2o.enr.state.nc.us/newetlands/stnny-ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
If mitigation is required for these impacts, the applicant proposes payment to the EEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Page 6 of 9
Amount of Non-riparian wetland mitigation requested (acres): 0.44 (if required)
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
n/a
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
There is no existing impervious area on the property. The proposed impervious area is to be
18.2 %. This calculation includes all proposed built-out impervious including roads, sidewalks,
rooftops driveways and private sidewalks (see attached calculation sheet).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Proposed subdivision will connect to existing Town of Apex sanitary sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The only area that would connect to this proposed subdivision and result in future
development would be the property located southeast of this property. This area has not been
evaluated by S&EC however after reviewing the county soil survey and the USGS topographic
map there are no jurisdictional areas depicted on these maps that would be directly impacted.
Page 8 of 9
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Oct 04 05 07:53a Stuart Jones
919 387 3375 p.2
Soil & Environmental Consultants, P
moom
A
IIOIQ Ravers Ridgy Road - Rskigh. Nort4 CX*N= 27614 • ftoaa [phone] • F= OM 9464W
AGENT AUMO=ATION FORM
'a BIanks To Be F1TIed Iii By Current Landowner _
Nam
srh &Tt". F P, rwyN
Address:.-c;oi N sALEH GTecu So,?? 1? -'
??_ ae:. 2 2 _-
Phone:--I1l 3A7- 88%
Project NA=/DesQiptI 6E"-k 6.-A sk c Project # `ice
Date: __
The Departatent of the Army
U.&. Army Corps of EngfneeM
P-O. Box 1890
Wlintittgton, NC 28402
Attn:
Field Office:
Re: Wetlands Related Cotualtin and Permitting
To Whom It May Concern-
L the current r Q r owner; hemby deugnate and authorize Soa & EnvironnumW Coate. PA to
act In my behalf as my agent in the prncesskgof permit°VpUCaU=, to furnish upon rNuesE
SUPPIemgntalfi*M bMinsupportofapplir ,etc.fiarnthisdayforward. The day of
This notification Supersedes any Previous cotreTondeme conmrang the agent for this project.
NOT'ICE: This authorization, for HabMty and professiong courtesy reasons, is valid only for
goverameat offkials to eater the property when araampanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Print
Property Ownetrs Name
s Signature
cc Ms. Cyndi Karoly. cc Mr. Sean Clark
NCDENR - DWQ Soil di Environmelttal Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27'604
SWta C 33I7
ftm--d, 28025 rkc?ro.NC27455
(70464)
I'vc [phone] Phone: [phone]$234
F¢ WO 540-8235
Page 1 of 1
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Fax: 1=919-876-5625
2 0 0 5 1 9 5 2
Soil & Enviro mental
11010 Raven Ridge Roa i Carolina 27614 •
www.SandEC.com
V
To: US Army CorpkbflEngineers?
Raleigh Regulatory Field Office
Attn: Monte Matthews
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh,, NC 27614
Consultants, PA
Phone: [phone] • Fax: [phone]
October 21, 2005
S&EC Project # 9280.w2
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
C 1" °" p
. 1 4. 1 4 i .. U z,.. r
DC i"
2 7 700.5
Re: Bella Casa Subdivision (formerly known as Toad Hollow Trail SAM
Etv
Raleigh, Wake County, NC
B=?rdp?
6R
On behalf of the owner, JVI Construction Inc. (Attn: Joseph lannone) please find attached a
complete application and supplemental information requesting written concurrence from the U.S.
Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the
activities proposed below may precede under Nationwide Permits 39 and 18 and General Water
Quality Certification 3402. Please contact me at [phone] if you have any questions or
require additional information.
PROJECT SUMMARY
Project Name Bella Casa Subdivision Phases 1-3
Project Type Residential Subdivision
Owner / Applicant JVI Construction Inc.
Count Wake
Nearest Town Apex
Waterbod Name Beaver Creek
Basin / Sub-basin 03-06-05
Index Number 16-41-10-(0.5)
Class WS-IV; NSW
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.44
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.44
Total Stream Impact (linear feet): 0
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
Wake County GIS Site Vicinity Map
New Hill, NC - USGS Map
Wake County Soil Survey Map - Sheet No. 65
Impact Maps
Wetland Photos
$200.00 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]
T.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18 and 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Co Amef
Environmental Concern (see the top of page 2 for further details), I've _, _ E ?,?'
II. Applicant Information 0l, f 2?Q5 IIJJ
1. Owner/Applicant Information ' ` 0 `R ?Y
E,tvn? ? esarrct+
r,T?ara, ?r+?sTes
Name: JVI Construction Inc.
Mailing Address: Attn: Joey Iannone
501 North Salem Street
Suite 105
Apex, NC 27502
Telephone Number: 919-387-8846 Fax Number: 919-387-6962
E-mail Address: Joeya,JVICONSTRUCTION.COM
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: [e-mail]
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bella Casa-Phases 1-3
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 0721-97-7972
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): new subdivision
Directions to site (include road numbers/names, landmarks, etc.): Hwy 64 west, exit Hwy
55 south west on Oliver ChMel Road, south on Apex Barbecue road, property located on the
north side of Apex Barbecue Road approximately 1000 feet past Beaver Creek.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.1196 °N 78.1477 °W
6. Property size (acres): 17.56 acres
7. Name of nearest receiving body of water: Beaver Creek WS-IV: NSW
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/mUs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The land use is currently agricultural-farm land that is
predominantly pasture with headwater forest wetlands located along the identified stream
feature that cuts across the northeastern property corner.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is a single-family residential subdivision, which will include utilities such
as roads, sewer, water, etc. Typical grading and excavating equipment such as bulldozers,
backhoes, and motor graders will be utilized for construction.
11. Explain the purpose of the proposed
from the construction of a road, general lot fill and the construction of a stormwater facility.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. S&EC conducted a site visit with Kevin Yates of the USACE on April 7.
2005 to determine jurisdictional wetlands and important/unimportant streams. S&EC conducted
a site visit with Eric Kulz of the DWG's Raleigh Regional Office on April 8, 2005 to determine
perennial/intermittent streams. Town of Apex conducted a site visit and reviewed DWQ's
intermittent/perennial letter dated May 3, 2005 for the implementation of the Town of Apex
Water Quality Buffer Requirements. The western portion of the property as it currently appears
was not initially reviewed by the USACE, so pictures of the non-jurisdictional drainage are
attached.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
At this time, the need for future permits DWQ and/or USACE) is not anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed wetland impacts Impacts
1-4) total 19,189 R2 (0.44 acre). These impacts are expounded upon below. No stream
impacts are proposed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
1
(NWP 39) Road fill Emergent (herbaceous) no - 4,500 ft 0.10
2
(NWP 39) Lot fill Emergent (herbaceous) no - 3,000 ft 0.11
3
(NWP 18) Stormwater pond Emergent (herbaceous) no - 2,700 ft 0.09
4
(NWP 39) Lot fill Emergent (herbaceous) no - 180 ft 0.14 '
Total Wetland Impact (acres) 0.44
3. List the total acreage (estimated) of all existing wetlands on the property: 0.89
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact t?
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
Page 4 of 9
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.44
Open Water Impact acres : 0
Total Impact to Waters of the U.S. (acres) 0.44
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no isolated wetlands on the property so there are no impacts to isolated
wetlands proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream N wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road fill (impact #11 is unavoidable, wetlands exists at the narrowest hart of the
property and this road is needed to connect the western portion of the property to the eastern
portion. In addition, the proposed lot fill (impacts #2 and #4 is needed in order to construct
homes on these lots. The proposed stormwater pond (impact #3) is needed in order to provide
detention/treatment as per the Town of Apex's requirements. The pond is positioned in this spot
because it is the lowest point in the center of the property. The pond cannot be placed on the
eastern portion of the property due to the Town of Apex's riparian buffers. The proposed pond
location is out of the riparian buffers and located at the lower most portion of the property, which
is an appropriate location for stormwater treatment. This location will also maximize the
riparian buffer width for additional pollutant (TSS, nutrients) removal.
Page 5 of 9
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal: Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
h!ip://h2o.enr.state.nc.us/newetlands/strrnizide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
If mitigation is required for these impacts the applicant proposes payment to the EEP
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Page 6 of 9
Amount of Non-riparian wetland mitigation requested (acres): 0.44 (if r uired)
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify. V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* square Impact
( feet) Multiplier Mietiquired
i n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
There is no existing impervious area on the property. The proposed impervious area is to be
18.2 %. This calculation includes all proposed built-out impervious including roads, sidewalks,
rooftops, drivewa sy_and private sidewalks (see attached calculation sheet).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Proposed subdivision will connect to existing Town of Apex sanitM sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The only area that would connect to this proposed subdivision and result in future
development would be the property located southeast of this property. This area has not been
evaluated by S&EC however after reviewing the county soil survey and the USGS topographic
map there are no jurisdictional areas depicted on these maps that would be directly impacted.
Page 8 of 9
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Oct 04 05 07s53a Stuart Jones
WWWS2odECmm
AGENT AMHOPUZATION FORM
Ail Blaift Td F1Tle3ii 'T Current Lan_ downer
919 387 3375 p.2
nun 4x imnvironmental Consultants, PA
1101Q Ravea Ridge Read • Rilcigh. Nm& Cao rma 27614 • Phoaa (919) $46-SW • Fu: (93) 846-NO
Namme?:?? `ly?_ 9xk"
Address: _1cipi N SJ1tEN S?'? + ?••.? ?p? ._r_
I?PeT?. Nc. 2 ,. 2
Phone: _ 9111-38T-.68%
Project Name/D u C.J.-A- S&EC Pr*a k `t zed. w
Date:
The Deparkm t of the Army
US. Army Corps of BntWeM W-11 ngton District
P.O. Box 1890
WdlnirletOn, NC 284M
Attn:
Field Ofd
Re: Wetlands Related Coaruuhmo and Permitting
To Whom It May C Xxm.
L the carrentp owner; hereby de ggnate and authorize Soil & Enviromnental Coomkants, PA to
act In my behalf as my agent in the pmcessing of Permit applications, to famish upon. request
supplemmtalinf*mwhminsnpportofapplimbom,ebc.form0&day- forward. The daya
This notification sins any Pmvxm eerrevondence coricerrung the agent for this project
NOTICE This &*h0riz7 ion, foc liability and pmfessiongeourtesy reasons, is valid only for
governmo at of kiata to Miter the property when ummpanied by S&EC staff. You should call S&EC
to amage a site meeting ptior to visiting the site.
. `6" ep k 1r. wnw
Print Property Owner's Name
z?-
s Signature
cc Ms. Cyndi Karoly, , cG W. Sean Clark
NCDENR - DWQ Soil & F.rmirormum al Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
2 LaPhUp CmiM Sdv-c 3E17
COPCO4 NC
(704) M*aas tea. NC 27455
Fa= [phone] Fhme: 1336) 54048234
F= (336) 540-M
Page 1 of 1
W& f7>. my bod the Cl1 o`Tmldgn
'WAKE
C5(TTJNTV
REID:
OWNERI :
ADDR1:
ADDR2:
ADDR3:
DEED BOOK:
DEED PAGE:
DEED DATE:
DEED ACRES:
BLDG VAL:
LAND VAL:
BILLING CLASS:
DESCRIPTION:
MAP NAME:
PIN NUM:
PIN EXT:
CITY:
PLAN JURIS:
TOWNSHIP:
YEAR BUILT:
SALEPRICE:
SALEDATE:
TYPE USE:
DESIGN STYLE:
UNITS:
LAND CLASS:
ZONING:
OLD PARCEL Nl
ADDRESS
ST NUM:
ST MISC:
DIR PREFIX:
ST NAME:
ST TYPE:
DIR SUFFIX:
Parcel Number. 0721977972
Map created on 10/20/2005 11:49:18 AM.
Copyright 2003. City of Raleigh, Wake County.
0 1517 ft
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PAGE
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09
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