20042069 Ver 1_Complete File_20051104

MAY-26-2005 THU 03:45 PM HOMESTEAD MORTGAGE FAX 110, 3365246050 P. 01/01
n]rf michaei m. hu9hes, p.e., inc.
Civil Engineers, Surveyors. and Land Planners wwwanunlipe.com
May 26, 2005
Ms. Carol Shaw
Program Assistant IV
N. C. Eco,>ystem Enhancement Program
1652 Mail Service Center
Raleigh,'NC 27699-1652
Re: Request for Invoice - Approved Payment In-Lieu in the EEP Program for the
WKaerfor l Subdivision, Alamance County, NC
Dear Ms ',"haw:
The NCF P telephone receptionist, Sally, indicated that you are the appropriate person to mail our
request for invoice to for the 3.5 acres of mitigated wetlands that the Waterford/Seventy West project is
purehasinl from the NCEEP program.
Attached i;i our letter of extension from NCEEP, a copy of the 404 permit from the USACE, and a copy
of the 101 certification from NCDENR. Please send the invoice for the project to my attention at this
address. I L by chance you are not the correct person to process this request, could you please forward this
letter as appropriate.
Pleas let me know by e-mail if possible (mmh2rnmhpe.com) that you received this request and provide
me with some indication as to when we might expect the invoice.
Thank you for your assistance in this matter.
Very truly yours,
MICHAEI. M. HUGHES, P.E., INC.
M chael M. Hughes, P.E.
Cc Todd Tugwell, USACE, via fax [phone]
Cindy.Karoly, NCDENR, via fax [phone]
Mark McElroy, Malcolm Prinie, via fax [phone]
Larry McCauley, WMW Development, LLC, via fax [phone]
101%9 i•1... ,. :Y,...... a. c.-.- f}....1:.... s.... klr I-- ?-CIC04 AnOl1
MAY-26-2005 THU 14:16 TEL:[phone] FIRME:DWQ-WETLAPJDS P. 1
MAY-31-2005 TUE 12:11 PH HOMESTEAD MORTGAGE FAX NO. 3365248050 P. 01101
A3,71 -4j 7rlle
nlu& michael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners www.nmr/:pe.corn
May 31, 2005
Ms. Carol Shaw
Program msistant IV
N. C. Eco,:,ystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Payment -- To the EEP Program for the Waterford Subdivision, Alamance County, NC
Dear Ms ',haw:
Enclosed is a check for the invoice that you issued on May 26`t' which is attached.
Thank you for your assistance in this matter.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
Mi0ael 1Vf. Hughes, P.E.
Cc Todd Tugwell, USAGE, via fax [phone]
Cindy Karoly, NCDENR, via fax [phone]
Mark McElroy, Malcolm Prinie, via fax [phone]
Larry McCauley, WMW Development, LLC, via fax [phone]
no99 c-..fw r?,.__? c..._-? A.._L•_-?„? 1I!'-1"'11lC ev741 o.! nnoA
HRY-31-2005 TUE 10:42 TEL:[phone] FIRME:DWQ-NETLRHDS P! 1
otoF wArF,?QG
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, LWO
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
March 18, 2005
Messrs. Wade Williamson, Larry McCauley and James Wilson
WMW Development, LLC
3815 Friendship Patterson Mill Road
Burlington, NC, 27215
Re: Waterford/Seventy West, Alamance County
DWQ #04-2069; USACE Action ID. No. 200420980
APPROVAL of 401 Water Quality Certification
Dear Messrs. Williamson, McCauley, and Wilson:
Attached hereto is a copy of Certification No. 3505 issued to Messrs. Wade Williamson, Larry McCauley
and James Wilson of WMW Development, LLC, dated March 18, 2005. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
/_7?1 Alan . Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Michael Hughes, 8112 Orange Grove Road, Chapel Hill, NC, 27516
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet httr)://h2o.enr.state.nc.us/ncwetlands
Filename: 042069Waterford(Alamance)401
N ` Caroli
ona
Ntura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Messrs. Wade Williamson, Larry McCauley and James Wilson
WMW Development, LLC
Page 2 of 5
March 18, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 21-1, Section.0500 to Messrs. Wade Williamson, Larry McCauley and James
Wilson of WMW Development, LLC to fill 2.17 acres of wetlands and 0.60 acres of lake bed, and for
temporary disturbance of 4.63 acres of lake bed in the Cape Fear River Basin, associated with the
construction of the Waterford/Seventy West residential and commercial development in Alamance County,
North Carolina, pursuant to an application filed on the 16th day of December of 2004, and in additional
correspondence received by the Division on February 7, 2005. Furthermore, approximately 1.0 acre of
wetlands and 570 linear feet of stream channels were conducted prior to application for the proposed work
and are included in this Certification. The project scope includes removal of 0.64 acre of this unauthorized
fill, along with 570 feet of stream restoration, with 0.36 acre of wetland fill to remain as accounted for
within the impacts listed in the Public Notice.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts. Furthermore, a final project design, including all
impervious surfaces shall be provided to this Office before the impacts approved herein occur:
Amount Approved
(Units) Plan Location or Reference
Wetlands 2.17 (acres) Corps of Engineers' Public Notice
Waters 0.60 (acres) permanent
4.63 (acres) temporary Corps of Engineers' Public Notice
Stream 440 feet Corps of Engineers' Public Notice
Messrs. Wade Williamson, Larry McCauley and James Wilson
WMW Development, LLC
Page 3 of 5
March 18, 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. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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;
Continuing Compliance:
Messrs. Wade Williamson, Larry McCauley and James Wilson of WMW Development, LLC, shall
conduct construction activities in a manner consistent with State water quality standards (including
any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Messrs. Wade
Williamson, Larry McCauley and James Wilson of WMW Development, LLC and the US Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Messrs. Wade Williamson, Larry McCauley and James Wilson of
WMW Development, LLC in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project;
Messrs. Wade Williamson, Larry McCauley and James Wilson
WMW Development, LLC
Page 4 of 5
March 18, 2005
1%Jiti ga ti oil:
Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below, We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required, River and Sub-basin Number
Wetlands 3.29 03030002
Onsite Stream and Wetland Restoration/Mitigation
The stream mitigation plan, including restoration of 570 feet of previously impacted streams and
0.64 acre of wetlands, must be constructed, maintained, and monitored according to the approved
plans in the application and modifications to the application. Any repairs or adjustments to the site
must be made according to the approved plans or must receive written approval from this Office to
make the repairs or adjustments.
Stormwater:
8. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification for all portions of the overall development where concentrated
impervious surfaces areas exceed 30%. The stormwater management plans shall be approved in
writing by this Office before the impacts specified in this Certification occur. You have the
option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the
plan. The stormwater management plan must include plans, specifications, and worksheets for
stormwater management facilities that are appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. The facilities should also include Low Impact
Development Best Management Practices to the extent practical. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity.
Messrs. Wade Williamson, Larry McCauley and James Wilson
WMW Development, LLC
Page 5 of 5
March 18, 2005
No changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality.
Other conditions:
9. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently contacts
live concrete should not be discharged to surface waters due to the potential for altered water
chemistry and toxicity to aquatic life;
10. 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.
Also, this approval to proceed with your proposed impacts or to conduct impacts to `eaters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 18th day of March 2005
DIVISION OF WATER QUALITY
Ala W. Klimek, P.E.
Water Quality Certification #3505
AWKIcbk
?DF wArF9 p Michael F. Easley, Governor
\? William G. Ross Jr., Secretary
? North Carolina Department of Environment and Natural Resources
> C ?_ r
_ , -r
Alan W. Klimek, P.E. Director
y' Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Messrs. Wade Williamson, Larry McCauley and James Wilson of
WMW Development, LLC have permission as outlined below to fill 2.17 acres of wetlands and 0.60 acres of
lake bed, and for temporary disturbance of 4.63 acres of lake bed in the Cape Fear River Basin, associated
with the construction of the Waterford/Seventy West residential and commercial development in
Alamance County. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY
BASIN/ SUB BASIN
Waterford/Seventy West
Alamance
03030002
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the wafers of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts:
2.17 acres of wetlands
0.60 acres of lake bed,
temporary disturbance of 4.63 acres of lake bed
570 feet of streams
Mitigation by EEP:
3.29 acres of wetlands
(note that this is in addition to onsite mitigation to be conducted by applicant)
In correspondence dated August 24, 2004, the EEP indicated that up to 1140 linear feet of stream mitigation and 3.8
acres of wetlands mitigation will be conducted by EEP if necessary.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail it to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of
payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED
BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
One
401 Wetlands Certification Unit
llf!!tll??lf
N a
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet httD://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Waterford/Seventy West
Page 2 of 2
March 18, 2005
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Filename: 042069Waterford(Alamance)EEP
MAY-18-2005 WED 03:09 PM HOMESTEAD MORTGAGE FAX NO, 3365248050 P. 01
?F
0W. michael m. hughes, p.e., inc.
Civil En,,ineers, Surveyors, and Land Planners ivww.a1Y111pe.coin
May 18, 205
Cyndi Karoly -7 3 - ?3
401 Oversight and Express Permits Unit
North Carolina Department of Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, Reath Carolina 27604
Re: Waterford Subdivision -DWQ Proieet No. 04.2069
Dear Ms. Karoly:
We just received the USACE 404 permit for the Waterford Project last week. The 401 permit required
that we file: a storm water management plan for any areas of the project that exceed 30% impervious
surface within 60 days of the date of the 401 certification (March 18, 2005).
The plans iibr the Seventy West Office Park area would be the only part of the Waterford project that
alight exceed 30% and these plans are in a state of flux and they have not been approved by the City of
Burlington yet. As a result, the storm water management plan is not written yet, but once the project is
approved by Burlington, and prior to construction a storm water management plan will be forwarded to
your olficc.
Very truly yours,
MICHAEL, M. HUGHES, P.E., INC.
Michael ML Hughes, P.E.
cc Larry McCauley, WMW Development, LLC (via fax)
811: Orange Grove Road Chapel Hill, NC 27516
MAY-18-2005 WED 13:41 TEL:[phone] NAME:DWQ-WETLANDS
[phone]
P'. 1
_DMM-Umichael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
February 7, 2005
Cyndi Karoly
401 Oversight and Express Permits Unit
North Carolina Department of Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Re: Waterford Subdivision - DWQ Project No. 04-2069
Dear Ms. Karoly:
iviviv.uuulipe.com
Attached is a copy of a letter that we sent to Todd Tugwell, USACE as he requested. You were copied on
the original letter from NC Wildlife Resources Commission. i
Did you receive the package that I sent via Airborne Express on January 13, 2005? I attached a copy of
the letter that accompanied the check and the two copies of the material submitted to USACE. I noticed
that the check hasn't cleared the bank yet.
Do you know when we (or Todd Tugwell) might expect to receive comments from NCDENR on the
project? Please advise at your earliest convenience.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
/Michael M. Hughes, P.E.
D V i
cc Larry McCauley, WMW Development, LLC (via fax) FE
fj 'ca
DES,
1r?T(tix , R - t
8112 Orange Grove Road Chapel Hill, NC 27516 (919) 56376164
r
?,/tr. McCauley
November 8, 2004
Page 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
November 8, 2004
CERTIFIED MAIL
RETURN RECEIPT
Mr. Larry McCauley
McEwen Lake, LLC
3815 Friendship Patterson Mill Road
Burlington, North Carolina 27215
RE: Approval to Repair
Lake McEwen Dam
Alamance County
ALAMA-032
Cape Fear River Basin
?,ICIW ?J ?v?JI V. ui1lw-t
Dear Mr. McCauley:
This is in response to your submission received on November 1, 2004 of plans, specifications
and design data for the repair of the subject dam in Alamance County on a tributary of Back
Creek in compliance with the Dam Safety Law of 1967. These plans, specifications and design
data were prepared under the supervision of Mr. H. Tillman Marshall, PE, with Schnabel
Engineering.
This letter constitutes approval of your proposal to repair the subject dam according to the
plans and specifications received by this Division on November 1, 2004 with the following
stlpu laden--.
1. Mr. H. Tillman Marshall, PE shall supervise project construction.
2. During construction the Division of Land Resources may require such progress reports'
as are deemed necessary.
3. Upon completion of the project, Mr. H. Tillman Marshall, PE shall inspect the completed
work and upon finding (a) that the work has been done as specified and (b) that the dam
is safe, shall file with the Division of Land Resources two sets of "as built" drawings and
a certificate stating that the work has been completed in accordance with approved
plans, specifications, and other requirements. ,
Geological Survey - Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX: [phone] Internet: waw.dlr.enr. state.nc.us/dlr,htm
An Equal Cpportunity 1 Affirmative Action Employer- 501,, Recycled 110°6 Post Consumer Paper
Mr. McCauley
November 8, 2004
Page 2
4. An Emergency Action Plan and Operation and Maintenance Plan must be submitted to
the Division of Land Resources prior to issuance of an Approval to Impound. These
may be submitted at the end of construction.
No water shall be impounded behind the dam until an approval to impound is issued by
the Division of Land Resources for operation of this dam.
6. You must notify Mr. Matthew E. Gantt, PE, Regional Engineer, Land Quality Section,
585 Waughtown Street, Winston-Salem, North Carolina 27107, telephone number (336)
771-4600 ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment
control program having jurisdiction should be contacted to determine permit requirements. In
any case, sediment shall be prevented from entering the waters of the state or flowing onto
neighboring property.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void. For assistance, you may contact Mr. Matthew
E. Gantt, PE in the Winston-Salem Regional Office at telephone number [phone] or Mr.
Maxwell R. Fowler, PE in the Raleigh Central Office at telephone number [phone].
Sincerely,
James D. Simons, PG, PE
Director and State Geologist
JDS/W H H/
cc: Mr. Matthew E. Gantt, PE
Mr. Steve Tedder, Regional Water Quality Supervisor
Mr. H. Tillman Marshall, PE
hm-? michael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
January 13, 2005
ivivit'atunhpe.Com
Cyndi Karoly PD 401 Oversight and Express Permits Unit
North Carolina Department of Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
FEB 1 ,
Raleigh, North Carolina 27604
Dia:R CUP, 7Y
VI ETLANos ivo STOni R BRANCH
Re: Waterford Subdivision - DWQ Project No. 04-2069
Dear Ms. Karoly:
Thank you for you letter dated January 4, 2005 addressed to Wade Williamson, Larry McCauley and
James Wilson. I am their engineer and agent for this project.
Accompanying this letter are two original copies of the material supplied to the U.S. Army Corps of
Engineers and a check for $450.00. Please advise if you require any additional information.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
ALC-,--
Michael M. Hughes, P.E.
cc Larry McCauley, WMW Development, LLC (via fax)
8112 Orange Grove Road Chapel Hill, NC 27516 (919) 563,76164

MML michacl m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
February 7, 2005
Mr. Todd Tugwell
Raleigh Regulatory Field Office
US Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Re: Individual Permit Application
Waterford Project, Burlington, North Carolina
Dear Mr. Tugwell:
wwiv.nr»rl1pe.COm
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FED 20n5
{ iZOi"rho A ' WSTGZsIf'?' nrER Br ;INCH
Thank you for your letter dated January 31, 2005 and the accompanying correspondence from the North
Carolina Wildlife Resources Commission and the U.S. Fish and Wildlife Service. The purpose of this
letter is to address the comments from the Wildlife Resources Commission.
Each of the comments below address the numbered items in the Wildlife Resources Commission letter
dated January 20, 2005.
1. The proposed dam does fall under the jurisdiction of the Dam Safety Law of 1967. We have
made an application for dam improvements to Maxwell Fowler, PE, NCDENR, Division of
Land Resources, Land Quality Section. Mr. Fowler has approved the plans and his letter of
approval is attached to this letter.
2. We believe that we have, to the extent practicable, provided buffers along the perennial
streams, intermittent streams and wetlands. For example, we have 1.317 acres of open space
along the stream to the south of the arch-span stream crossing on Dunleigh. This buffer is
approximately 125 feet wide at its narrowest point and 180 feet at its widest point. In addition,
we have 3.198 acres of open space around the matrix of streams below the dam. This area
averages 400 feet in width. We also have agreed to not disturb, and protect with deed
restrictions, 7.741 acres of wetlands, and approximately 3,350 lineal feet of stream on the
property, all in addition to restoring the 570 lineal feet of stream and 0.6 acres of disturbed
wetlands.
3. We appreciate the recommendation. There are only two locations where the project is placing
new sewer lines underneath streams, please refer to Figure 2-1 in the support document in the
application. These two stream crossings are; 1) The stream/wetland crossing to the town home
project, and 2) The corporate drive crossing in the Seventy West Office Park. There are
existing sewer lines underneath the stream crossings on Dunleigh and Faithleg in the
residential subdivision, and the proposed "Private Drive" in the Seventy West Office Park.
These lines were constructed several years ago prior to this project.
2823 South Church Strcet Burlington, NC 27215 (336)58479980
MMA
Mr. Todd Tug?vell
[Yaterford/Seventy TVest
-i
FED _) 7005
DENR - . ' : L !'' 11Y February 2, 2005
VIEWDS /.ND STi art ?rhi t 2 E(ANCH Page 2 of 2
3. (continued)
In both of the new sewer line stream crossings, the proposed road is co-linear with the sewer
line, and the sewer line is located more-or-less in the center of the road. Inasmuch as the road
is being constructed above the sewer line the notion of starting and ending a directional bore
outside of a riparian buffer does not apply.
4. The owners would prefer to protect the wetlands by placing deed restrictions and not place
conservation easements on the property.
5. The calculated impervious surface for the Waterford/Seventy West projects is shown in Tables
4-3 through 4-6 in the support document. The summary on Table 4-3 shows 27.16%
impervious surface overall. It will not be possible to limit impervious surface to less than
10%. The drainage basin for the lake is approximately 2.5 square miles. Because of the large
drainage basin, and the fact that it is approximately 75% developed in its existing state, the
incremental impact of the Waterford/Seventy West project to the pre-development hydrology
of the lake is not measurable. Further, the street standards of the City of Burlington require
curb and gutter construction and grass-swales are not an option. We will meet all applicable
ordinance requirements of the City of Burlington in the design of the parking lots, landscaping,
and storm water management.
6. The Waterford/Seventy West projects will place an emphasis on landscaping with native
species of trees and shrubs where those species can meet the requirements of the landscape
ordinance of the City of Burlington. The wetland and fringe areas will remain undisturbed as
well as the indigenous avian habitat within those areas. Homeowners and builders will be
encouraged to retain specimen trees so long as they are healthy and not in a building or
parking envelope. That will also be the case in the Town Home project. Most homeowners in
the residential subdivision will prefer to have large deciduous shade trees along property lines
and the lake front. The City of Burlington has a landscaping ordinance with significant shade
tree requirements that will apply to the design of the Seventy West Office Park.
7. As mentioned above in item 6), the Waterford/Seventy West projects will place an emphasis
on landscaping with native species of trees and shrubs where those species can meet the
requirements of the landscape ordinance of the City of Burlington.
8. The City of Burlington has a strict erosion control plan requirement based on the standards of
the State of North Carolina. As mentioned in the dam construction approval letter written by
Maxwell Fowler, PE an approved erosion control plan will be obtained prior to construction of
the dam or any lake construction activities.
9. The concrete structure of the dam will not be allowed to contact the surface waters of the lake,
until construction is complete, the concrete is fully cured, and the dam has been approved as
specified in the dam construction approval letter written by Maxwell Fowler, PE.
Please advise if you need any additional information.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
ichael M. Hughes, P.E.
cc: Wade Williamson, Larry McCauley, and James T.
Cyndi Karoly, NCDENR
Wilson, WMW Development, Inc.
49-10-2005 THU 0251 PIS ALAHANCE HCRTGAGE [NC FAX NO, 336 585 1141 P. 01/02
lu=n mi
chae! m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
February 10, 2005
wivitwnmlipe.cont
Mr. Jeff .lurek
Assistant Director of Operations Via Fax [phone]
N. C. Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Request for Extension - Approved Payment 1n-Lieu in the EEP Program for the
Waterford Subdivision, Alamance County, NC
Dear Mr. Jurek:
Ms. Deborah Anderson from your office has previously issued an approval letter for payment in-lieu for
wetlands mitigation for the Waterford Subdivision located in Alamance County. A copy of her letter is
attached.
We are requesting a three-month extension on the commitment because the 404 Permit/401 Certification
will likely not be issued prior to expiration of the EEP commitment. According to Todd Tugwell,
USAGE, Isis office is working on the 404 permit and he expected that it might be issued at the end of
February. I have not heard from Cindy Karoly at NCDENR yet as to when we might expect to receive
comments and/or a 4,01 Certification.
If you have any questions or require further information about the project, please feel free contact me or
.lark McElroy of Malcolm Pirnie, Inc. Mark's direct phone number at his office in Newport News,
Virginia is 757-873-4418.
Thank yoct for your assistance in this matter.
Very truly yours,
MICHAEL. M. HUGHF.S, Y.E., INC.
Mtehael M. Hughes, P.E.
Cc Todd Tugwell, USACE, via fax [phone]
Cindy Karoly, NCDENR, via fax [phone]
Mark McElroy, Malcolm Prinie, via fax [phone]
Larry McCauley, WMW Development, LLC, via fax [phone]
2823 South Church Street Burtington, NC 7215 [phone]
FEB-I0-2005 THU 14:33 TEL:[phone] NAME:DWQ-WETLANDS P. 1
113-10-2005 THU 02 51 PM ALAMANCE MORTGAGE INC
0'/03/2004 FRI 10:15 FAX
FAX NO. 336 585 1141 P. 02102
OU02
PROGRAM
Revised Aug,tst 24, 2004
Michael M. Il:ughes, PE
Michael M. Hughes, PE, Inc.
2823 South Church Street
Burlington, N'C 27215
Subject: Project: Waterford Subdivision
County: Alamance
TL- purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and wetlands impacts associated with tha subject project. Please note that the decision by the
1tiCEEP to accept the nutigation requirements of this project does not assure that this payment will be, approved by the
U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
T}tis acceptance is valid for six months from tha date of this letter. 1E We have not received a copy of the issuet1404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated July 30, 2004, the stream ar.d riparian wetlands mcstoration that
is necessary to satisfy the compensatory mitigation requirements for this project is sunanarized in the following table.
The maxinnum amount of midiation that the NCEEP will accept for this project is also indicated in this rable.
Str=m Wetlands Riparian Wetlands Non- Riparian Buffer
Impact 570 1.9
Midi ation Ma 1140 3.8
The stream anti riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 1)3030002 of the Cape Fear River
Basin. The mitigation will be performed in accordance with the Memorandum of Und arstandinn betwCcn the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engireers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw ut [phone].
Sincerely,
Deborah D. Anderson,
In-Lieu-Fee Admini; trator
cc: Cyndi ;aroly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Darryl Lamb, DWQ Regional Office-Winston-Salem
ky3Qf
ReSe0r ILKJ-., ... Pro" ALLY StatD #?
NCDENR
North Carolina Ecoaytatem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27895.1819 / 919.733-52061 www.r.ceep.net
FEB-10-2005 THU 14:33 TEL:[phone] NANE:DWQ-WETLANDS P. 2
Triage Check List
Date:
To
1/18/05 Project Name: Waterford/Seventy West
Daryl Lamb, Winston-Salem Regional Office
60-day Processing Time: This is an IP. The applicant has paid the
fee, but the Public Notice has not yet been issued. Enclosed is info
from the applicant for your use.
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold;
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
/71 f copy
DWQ#: 04-2069
County: Alamance
pyZOG9
Mffli?& michael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
January 13, 2005
Cyndi Karoly
401 Oversight and Express Permits Unit
North Carolina Department of Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Re: Waterford Subdivision - DWO Project No. 04-2069
Dear Ms. Karoly:
www.mmhpe.com
Thank you for you letter dated January 4, 2005 addressed to Wade Williamson, Larry McCauley and
James Wilson. I am their engineer and agent for this project.
Accompanying this letter are two original copies of the material supplied to the U.S. Army Corps of
Engineers and a check for $450.00. Please advise if you require any additional information.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
Michael M. Hughes, P.E. JAN 1 4 2005
cc Larry McCauley, WMW Development, LLC (via fax) DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
PAYMENT
RECEIVED
8112 Orange Grove Road Chapel Hill, NC 27516 [phone]
,

Dorf-Carol!A;a`DeRartment of Environment and I?atla ,Resaurcey
Division of Water Quality
•' Wiillam G. Ross, Jr., 5e*tary
Michc?el F;asley,;Governor ,'.•,.; Alan W. Klimek, P.E.,.Drector
January 4, 2005 .
DWQ Project # 04-2069
Alamance County
(.TRTIFIED MAIL: RETURN RECEIPT REQUESTED
-id Williamson, Larry McCauley & James Wilson
'NIW Development, LL:C Dgig ?o'?15'Friendship Patterson Mill Road Z u 1'/ D
Burlington, NC, 272115
Wuterford. /Seventy West Project SAN 1 7005
Subject Property:
h ?1NEIUWE SR WATLi QUALITY
AND STORwimER B
REQUEST FOR MORE INFORMATION RANCH
14cm.Messrs. Williamson, McCauley and Wilson '.
Qii December 21, 2004; the Public Notice for your application to impact Q) iids and lake bed for the
subject project was received -by the N.C. Division of Water Quality. 1heTFS?4 iixt will begin to review the.
project for eventual decision. However, please be aware that beginning J:uzly 1, 1999 that the N.C.-
retaexal Assembly passed legislation requiring payment of a fee of $475 4f) ?t tltis project. Also,
. ugplicants are required to,provide to DWQ two copies of all application Mnr?als provided to the U.S. ArmyCorps of Engineers..The 401 :Water QualifyCertiftcation'capnot 1*.1 sied until this fee is paid and
copies are provided. This project has-been assigned DWQ Project No4:`i 069. Please refer to this
project number in all future correspondence. Please note that as requircd t y, I$A: NCAC 2H .0506 we
tir ll place this project on hold as incomplete until•we receive this arlditi6nif.140rtmation.
;Tkiis letter only addresses the application review and does not auth6ru6. uA? *pacts to wetlands, waters.
fit' protected buffers. Please be aware that any impacts requested within y4ii ;' pplication. are not
autliorized (at this tuna) by the DWQ. Please call'me at 919-733-1786 fObit liave any questions.
:'tegardin- or would like to set up a mccting.to'discuss this matter.
Sincerely, ,:.
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RECEIVED
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i 660 M811 wrorQ Canter, Raleigh, North Carolina 27658-1650 ;
2321 cmbi"aou?VBM, Suite 250, nmolgh, North C=Lne 27604
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Facility Name Waterford / Seventy Nest c/o WNIW Development County Alamance

Project Number 04 2069 Regional Contact: Daryl Lamb
Date: 3/11/2005
Comments (continued from page 1):
a town home cluster (not ye
subdivision t approved by the City of Burlington), and an office park. It
,
should be noted that the final site plan h as not been finalized, but the proposed impacts are ex ecp ted
to remain as shown on the appkation d ocuments even if the final development layout changes.
There are five proposed stream crossing s for the project roadways. These crossings will be made
with open-bottomed arch culverts Whil . there will be no stream impacts associated with these
crossings. three of the crossings will req uire a total of 0.14 acre of wetland fill. Total imposed
impacts for the project consist of 2.17 a .r .s of permanent wetland impacts, 0.60 acre of permanent
lake bed impact and 4.63 acres of tem op rary lake bed impact. The restoration of the previously
impacted 570 If of stream is included in t he applicant's proposed compensatory mitigation plan. The
applicant proposes onsite restoration of 570 If of stream and 0.64 acre of impacted wetlands. In
addition, the applicant will pay the NCEE P for the restoration of 3.29 acres of riparian wetlands in the
Cape Fear River Basin. In addition, the applicant will place deed restrictions on all remaining wetlands
within the project boundary.
2) The applicant's efforts at avoidance a nd minimization are questionable. Much of the justification
for the impacts-particularly the previous impact to wetlands, is based on economic concerns, i.e.
projectnrofitability. The applicant did co nduct an alternative site analysis, considering three other
comparable properties in the general are a that were also available. The other three sites were
eliminated based on local zoning issues and lank of ready access to major highways. Environmental
factors do not appear to have been cons idered. Nonetheless, the proposed project does offer some
environmental improvements to the curr ent condition of the site pLo epeky. The onsite lake is currently
drained and the dam must he repaired if the lake is to be refilled. If-the-lake is abandoned. the
th the lake will re
perennial stream feed ing establish its channel in the old lake bed, but the immediate
_
riparian area will remain in poor conditio n. The applicant is proposing onsite mitigation and dam
repair, with enhancements to the lake sh ore environment through protection of some fringe wetlands
wag the lake shore. In addition. propos ed utilities for the pro
ect will allow sewer extension to a
nearby trailer park that has a number of j
failing yse tp is systems which pose a threat to the onsite lake,
wetlands, and streams.
3) The applicant should be required to p rovide a comprehensive stormwater management plan for the
site, and have it approved by DW0- befo re any impacts are authorized under an IC . This plan should_
sionific y utilize LID RMP's for stormw ater management. The applicant should also be required to
obtain all local government approvals an d permits, and to provide 6final pmj .ct yout showing all
proposed development areas, final road way network, all impervious surfaces, and all impacts before
anyproposed pacts to streams, open waters. or wetlands are authorized under an IC.
While WSRO has some concerns about avoidance and minimization, stormwater management, and
final project layout, we feel that the proje ct as described will, on balance, improve the land use and
overall environmental condition of the pr oposed development site and will not adversely affect
downstream water quality, Therefore, W SRO has no objections to the issuance of an Individual
Certification for the proposed impacts.
cc: Regional Office
Page Number Office ! 2
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Waterford / Seventy West c/o WMW Development
Project Number 04 2069
Recvd From APP
Dail Lamb
StPVP TPridpr
County Alamance
County2
Region Winston-Salem
Received Date 1/14/05 Recvd By Region
Project Type residential / commercial
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
IP Stream O Y &N F 16-19-5 NSW 30,603. 0.10 570.00
F_F_ PT O N F-F-F-F-F-F-
t
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? pQ Y O N Did you request more info? Q Y 4 N
Have Project Changes/Conditions Been Discussed With Applicant? ©Q Y O N
Is Mitigation required? QQ Y 0 N Recommendation: Q Issue @ Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
tr
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200420980
December 16, 2004
PUBLIC NOTICE
Wade Williamson, Larry McCauley, and James Wilson of WMW Development, LLC,
3815 Friendship Patterson Mill Road, Burlington, North Carolina, 27215, have applied for a
Department of the Army (DA) pen-nit TO PLACE FILL MATERIAL IN 2.17 ACRES OF
WETLANDS AND 0.60 ACRES OF LAKE BED, AND THE TEMPORARY DISTURBANCE
TO 4.63 ACRES OF LAKE BED THROUGH MECHANIZED LANDCLEARING, LOCATED
ADJACENT TO UNNAMED TRIBUTARIES TO BACK CREEK, IN THE CAPE FEAR
RIVER BASIN, ASSOCIATED WITH THE CONSTRUCTION OF THE
WATERFORD/SEVENTY WEST PROJECT, IN BURLINGTON, ALAMANCE COUNTY,
NORTH CAROLINA.
This public notice is being issued after-the-fact. Approximately 1.0 acre of wetland and
570 linear feet of stream channel were impacted by grading and filling activities undertaken by
the applicant in May 2004, prior to their submittal of the permit application. Their application
proposes to remove 0.64 acre of the unauthorized fill within wetlands, and restore the entire
length of stream channel. The remaining 0.36-acre of fill within wetlands is proposed to stay in
place and has been accounted for in the impact total. A restoration plan has been included with
the plans attached to this public notice. This public notice does not imply, on the part of the
Corps of Engineers or other agencies, either a favorable or an unfavorable opinion of the work
performed. This notice is issued to solicit comments regarding the factors on which a final
decision will be based. Further enforcement action, including possible legal action, has been
suspended pending the outcome of this consideration.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed reconstruction of an existing dam and the
placement of fill material into wetlands associated with stream crossings and lot fill required for
the construction of a residential and commercial development within tributaries to Back Creek,
located on the south side of US Highway 70, approximately 0.5 mile east of the Guilford -
Alamance County Line, in Burlington, Alamance County, North Carolina.
The entire project site is approximately 128 acres in size. As proposed, the development
includes a 146-unit single-family residential subdivision, a town home cluster, and an office
park. The residential subdivision, known as Waterford, would be located around the existing lake
toward the back of the site. The dam for the 16.5-acre lake, which is presently drained, would be
reconstructed to existing building codes and standards in its current location, with the normal
pool of the lake remaining at approximately. the same elevation, 601.5 feet above sea level. A
maximum of 810,000 cubic yards of fill material may be required for reconstruction of the dam,
which would have 3:1 side slopes and a top width of 35 feet. The fill required for the dam would
be excavated from the lakebed. The primary outlet structure located near the center of the dam
would pass under the road to be constructed atop the dam, and would serve as both the principal
and emergency spillway. An additional 6-inch drainpipe installed through the dam would
provide uninterrupted flows to the stream channel downstream of the lake. Tile purpose of the
proposed lake is to provide a recreational and aesthetic amenity for the subdivision, and is not
required to provide stormwater storage or to meet state or local water quality standards.
Restoration of the dam would result in the permanent loss of approximately 0.57 acres of lakebed
from the placement of fill and would also temporarily impact 4.63 acres of lakebed for
excavation of the borrow areas and installation of sediment and erosion control measures.
Subdivision construction would also result in the placement of fill material into 0.36 acre
of wetland for lot fill, and clearing and grading of approximately 1.10 acre of fringe wetland
located around the edge of the lake. The lot fill would be part of the existing 1.0 acre of fill
already placed into wetlands in the location of lots 1-5. Approximately 0.64 acre of the exiting
fill would be removed, and the area would be restored to wetland. Additionally, 570 linear feet
of stream channel that was also filled would be restored using natural channel design as depicted
in the attached plans.
All five road crossings required for the development are proposed to be constructed
utilizing open-bottom arch culverts that would span the stream beds and avoid stream impacts.
However, three of the crossings would impact wetland areas located next to the stream channels.
Crossings necessary for the construction of Dunleigh Drive and Faith Leg Drive would impact a
total of 0.14 acres of wetland. Additionally, construction of a road across the upper end of the
lake to access the town home site would impact 0.57 acre of wetland and 0.03 acre of lakebed.
Sewer lines are also proposed to be located in the road corridors and would be bored under the
streambeds to avoid disturbing the stream channels.
The total proposed impact associated with the project includes the loss of 2.17 acres of
wetlands and 0.60 acre of lakebed, and the temporary disturbance of 4.63 acres of lakebed. Plans
showing the work are included with this public notice.
The applicant proposes mitigation for impacts to stream channels associated with the
project by providing payment into the North Carolina Wetlands Restoration Program for the
restoration of 3.29 acres of riparian wetlands in the Cape Fear River Basin, Cataloging Unit
03030002. The proposed mitigation would be in addition to the restoration of 570 linear feet of
stream channel and 0.64 acre of wetlands that have already been disturbed on the site. The
applicant also proposes to place deed restrictions on remaining wetlands located in the vicinity of
the office park.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint oil the proposal has been received and
reviewed by this agency, nor will a DA pen-nit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for.inclusion therein. Based on the best available evidence, it has been determined that
no sites within the vicinity of the project are registered or listed as being eligible for inclusion in
the Register. Examination of the National Register of Historic Places constitutes the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of other such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts that the proposed activity may have on the public
interest requires a careful weighing of all those factors, which become relevant in each particular
case. The benefits, which reasonably may be expected to accrue from the proposal, must be
balanced against its reasonably foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors that may
be relevant to the proposal must be considered including the cumulative effects thereof. Among
those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill materials in waters of the United
States, a permit will be denied if the discharge that would be authorized by such permit would
not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless
the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to detennine the need for a public hearing and to determine
the overall public interest of the proposed activity.
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until the
North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Ms. Cyndi Karoly by January 10, 2005.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Todd Tugwell, until 4:15 p.m., January 17, 2005, or telephone (919)
876-8441, extension 26.
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200420980
Applicant: WMW Development, LLC & Wade Williamson
Burlington, Alamance County, North Carolina
USGS Gibsonville Quad Map .
Back Creek, Cape Fear Basin
Sheet 2 of 20
WATERFORD TOWNHOMES SEVENTY WEST OFFICE PARK
12 LOTS -ZONED OMCLMSTTMMMAL USE
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FIGURE f.l

200420980 Back Creek, Cape Fear Basin Project Overview
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 3 of 20
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FIGURE A2.1
NOTFORCONSTRum7om
200420980 Back Creek, Cape Fear Basin Wetland Delineation
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 4 of 20
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NOT FOR CONSTRUCTION F7GURE 4-1
200420980 L Back Creek, Cape Fear Basin Existing Dam Site
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 5 of 20

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-' / HOT FOR CONSTRUCTION
200420980 Back Creek, Cape Fear Basin Proposed Dam Construction
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 6 of 20

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y?
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200420980 Back Creek, Cape Fear Basin Proposed Dam Centerline
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 7 of 20
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I 200420980 Back Creek, Cape Fear Basin Proposed Dam Cross-Section
l Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 8 of 20 7
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200420980 Back Creek, Cape Fear Basin Temporary Lakebed Impacts
Applicant: WMW Development, LLC & Wade Williamson Burlington, AIamance County Sheet 9 of 20

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f 200420980 Back Creek, Cape Fear Basin Office Park Concept Plan
L Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 10 of 20
of ?2V'S]..G (c. i'w]I
WATERFORD TOWNHOMES
JO UNTTS
SEVENTY WEST OFFICE PARK
12 LOTS - ZONED OFFICE.INSTMMONAL USE
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WATERFORD SUBDIVISION
146 SINGLE FAAGLY LOTS
LEGEND
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PERMtrDRAWNG
NOT FOR CONSTRUCTION GURE24
I 200420980 Back Creek, Cape Fear Basin Proposed Stream Crossings
l Applicant: WMW.Development, LLC & Wade Williamson Burlington, Alamance County Sheet 11 of 20
DELINEATED
. , FRINGE r
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7O ^ ! 1
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CONSTRUCTION FfGURE4d
200420980 Back Creek, Cape Fear Basin Dunleigh Dr. Crossing
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 12 of 20

DELINEATED
WT:TIANDS
e ti•

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WETLAND IMPACT
AREA 24,%1 SF s

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200420980 Back Creek, Cape Fear Basin Faithleg & Townhome Dr. Crossings
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 13 of 20

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200420980 Back Creek, Cape Fear Basin Corporate Center Crossings
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 14 of 20

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200420980 T Back Creek, Cape Fear Basin Typical Open Bottom Culvert
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 15 of 20

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200420980 Back Creek, Cape Fear Basin Lake Fringe Wetland Impacts
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 16 of 20

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416

200420980 Back Creek, Cape Fear Basin Proposed Wetland Impacts, Lots 1-5
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 17 of 20
LEGEND l?• „
n ROCK VANE ow STEP POOL +? q? e
LOG VANE ® PROPOSED WETLAND RESTORATION
THALWEG AS-BUILT CONTOURS
J -I E ss__
SATURATED THICKET MONITORING WELL Ep
m #
CURRENT AND FORMER LIMITS OF RIP RAP EXISTING-RIP RAP APRON
LIMITS OF WETLANDS TO BE REMOVED ES
3H:1V MINIMUM SLOPE TREE LINE
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y
1. rn.rs.rr+rw..rrwa+..?..aie.urr.... •...+..?-ate. or*++? n.....ri.avtw..!!r..l ?r ? e•ocn... .amt re.w C1Qa ?Q
i vr.•.l r.7Fw+.rw+Nnd?lo.we.t y.dn, R 1.1
sir b.
.seer•,uns.auerwneo.ml,rneeNCteual FIGURE 6-1
ti4
O ,.
d 0 20 40 BO 160 t?q
SCALE IN FEET e?
200420980 Back Creek, Cape Fear Basin Stream & Wetland Restoration Plan
Applicant: WMW Devefopment, LLC & Wade Williamson Burlington, Alamance County Sheet 18 of 20
EXISTING GRADE
625
- _.20...._. --...._._._. _.._... 620
10'
BANK FULL -
WIDTH
EXISTING.. ..._ _ J
ORIGINAL GRADE RIP-RAP CHANNEL /
(TO BE REMOVED)
O+DO 0+50
EROSION CONTROL BLANKET
3H:1 v SLOPE RIFFLE
.y. BANK FULL WATER SURFACE
-y LOW FLOW WATER SURFACE
4N X_ 615
610
605
600
1+00 EXISTING FOREST
AREA 11 FT.'
MAX. DEPTH = 1.7 FT.
MEAN DEPTH 1.1 FT.
WIDTH FPA = 50-90 FT.
t =
t g
_u
iEg
PERMIT DRAWINGS
NOT FOR CONSTRUCTION
() 3
a ?
oCL
a ?
625 ZI
- o
EXISTING GRADE ¢ o
620 u! y
- - ------ - --- -- 20'- . - - ° - - 2
fE:e O
- 615 y 0
C?V
12 W W
IV) 17
BANK 610
FULL .. 0Dy
. - " WIDTH Oy0 0
EXISTING ,? .. ]605 4I V IP
ORIGINAL GRADE RIP-RAP CHANNEL (TO BE REMOVED) FIGURE 6-2
0+00 3H: IV SLOPE 0+50 1+00 EXISTING FOREST
EROSION CONTROL BLANKET AREA = 18 FT. '
POOL MAX. DEPTH = 2.9 FT.
MEAN DEPTH 1.5 FT.
200420980 Back Creek, Cape Fear Basin Stream Restoration Cross-Section
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 19 of 20
NOTES:
LIVE STAKES 1. INSTALL LIVE STAKES ALONG
OUTSIDE OF MEANDER
INSTALL 2 TO 4 LIVE
STAKES PER SO. YD.

of

?
A BEND AND ALONG BOTH
BANKS OF RIFFLE. IN A RANDOM PATTERN 3' n fi
' EXTEND TO TOP OF BANK
OR AS DIRECTED BY
POOL t
I 1 O
ENGINEER 01
t !l
h
RIF FLE
BANKS LEGEND 73 V V
O
-y_
2 • BANK FULL w u
_
V
W F
POOL
3 LO
LOW
EROSION CONTROL
`
O3 -_ -•• -
BLANKET
W o
THALWEG
l-I
LIVE e ?^ V =
STAKES B
PLAN CROSS SECTIONS a
n
O

THALWE
ct:
a
"
G LIVE STAKES 22o
z
- ._-._-... -..: _ _ - -?•_--_ - TYPICAL PLAN cc
Rav
> GLIDE RU

w POOL
H
W POOL

DISTANCE ALONG CHANNEL BUTT END FLAT CUT
.5 - 2 (TYP.)
A
B }'
PROFILE BUDS POINTING UPWARDS $

TYP ICAL RECONSTRUCTED MEANDER D ETAIL
1
T
U
O

N =
a
?
FINISHED GRADE o

WATER TABLE NOTES:
1. LIVE STAKES SHOULD Q: Lu
N 2
ENOUGH TO REACH BELOW Q
{: u
THE GROUND WATER TABLE W
TYPICALLY 2'-3' LONG. co
00
o J
-Q... ° 2. AFTER INSTALLATION. CLEANLY pyQ O
9 ~

ROOTING END ANGLE CUT CUT EXPOSED STAKE TO
APPROXIMATELY 3' IN LENGTH. a W
O
0-k
CUT AT SLIGHT ANGLE.
PERMIT DRAWINGS FIGURE 6-3
NOT FOR CONSTRU CTION
DORMANT LIVE STAK E DETAIL
TREE SHRUB PLANTING DETAIL
200420980 Back Creek, Cape Fear Basin Stream Restoration Detail
Applicant: WMW Development, LLC & Wade Williamson Burlington, Alamance County Sheet 20 of 20
Oq Z061
Waterford/Seventy West Project
Individual Permit Application
and Support Documentation
Burlington, North Carolina
Prepared for:
WMW Development, LLC
and
Wade Williamson
Sub»iitted by:
Michael M. Hughes, P.E., Inc.
Malcolm Pirnie, Inc.
md?
REVISED NOVEMBER, 2004
M

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
January 4, 2005
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Wade Williamson, Larry McCauley & James Wilson
WMW Development, LLC
3815 Friendship Patterson Mill Road
Burlington, NC, 27215
Subject Property: Waterford/Seventy West Project
REQUEST FOR MORE INFORMATION
Dear Messrs. Williamson, McCauley and Wilson
DWQ Project # 04-2069
Alamance County
On December 21, 2004, the Public Notice for your application to impact wetlands and lake bed for the
subject project was received by the N.C. Division of Water Quality. The Division will begin to review the
project for eventual decision. However, please be aware that beginning January 1, 1999 that the N.C.
General Assembly passed legislation requiring payment of a fee of $475.00 for this project. Also,
applicants are required to provide to DWQ two copies of all application materials provided to the U.S.
Army Corps of Engineers. The 401 Water Quality Certification cannot be issued until this fee is paid and
the copies are provided. This project has been assigned DWQ Project No. 04-2069. Please refer to this
project number in all future correspondence. Please note that as required by 15A NCAC 2H.0506 we
will place this project on hold as incomplete until we receive this additional information.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 919-733-1786 if you have any questions
regarding or would like to set up a meeting to discuss this matter.
Sincerely,
-Y? 44
Cyndi Karoly
401 Oversight and Express Permits Unit
CBK/cbk
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturallff
WMW Development, LLC
Page 2 of 2
January 4, 2005
cc: Daryl Lamb, DWQ Winston-Salem Regional Office
USACE Raleigh Regulatory Field Office
Wilmington District, USACE
File Copy
Central Files
Filename: 042069 W aterford (Alamance)Hold
? ODML
michael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners
November 17, 2004
Mr. Todd Tugwell
Raleigh Regulatory Field Office
US Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Re: Individual Permit Application
Waterford Project, Burlington, North Carolina
Dear Mr. Tugwell:
PAY,'.7ENT
RECEIVED
Acting as Agent on behalf WMW Development, LLC we are submitting this information in support of a
Section 404 Individual Permit Application for the above-referenced project.
The following attachments are included in this submittal for your review:
Attachment 1: Individual Permit Application (ENG Form 4345) and Adjacent Property Owners
Attachment 2: Project Drawings and Wetland Data Sheets
Attachment 3: Support Document
If you have any questions or require further information about the project, please feel free contact me or
Mark McElroy. Mark's direct phone number at his office in Newport New, Virginia is 757-873-4418.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
Michael M. Hughes, P.E.
Enclosures
Cc: Mark McElroy, Malcolm Pirnie, Inc.
2823 South Church Street Burlington, NC 27215 [phone]
rvwrv.i1unhpe.COnt
OLi Z06 I
D
-4.
n
3
CD
J
Individual Permit Application (ENG Form
4345) and Adjacent Property Owners
?11-
4749.001

C?J
E-I
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of
applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis
Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-
0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if It does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District
Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection,
Research and Sanctuaries Act, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the
application for a permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and
local government agencies. Submission of requested Information is voluntary, however, if Information is not provided the permit
application cannot be evaluated nqr can a permit be issued.
One set of original drawings or g I od reproducible copies which show the location and character o the proposed activity must be
attached to this application (see ample drawings and instructions) and be submitted to the Distri t Engineer having jurisdiction
over the location of the proposed activity. An application that is not completed In full will be returned.
ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE I. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT
5. APPLICANTS NAME . AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
WMW Development, LLC Michael M. Hughes, PE
and President, Michael M. Hughes, PE, Inc.
Wade Williamson
6. APPLICANT'S ADDRESS . AGENTS ADDRESS
3815 Friendship Patterson Mill Road 2823 South Church Street
Burlington, NC 27215 Burlington, NC 27215
7. APPLICANTS PHONE NOs. W/AREA CODE 10. AGENTS PHONE NOs. W/AREA CODE
a. Residence a. Residence
b. Business 336-227-9374 b. Business 336-584-9980
11. STATEMENT OF AUTHORIZATION
I hereby auth6dze, Michael M. Hughes to act in my behalf as my agent in the processing of this application
and to fumish, upon request, upplemental infor ation in support of this permit application.
APPLICANTS SIGI`4ATURE DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
"The Waterford Project"
This project is under dual ownership. The Waterford Subdivision and Waterford Townhomes are owned by WMW Development, LLC,
while the Seventy West Office Park is owned by Wade Williamson.
ENG FORM 4345NOD, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW-OR)
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Unnamed tributary to Back Creek
15. LOCATION OF PROJECT
City of Burlington NC
PROJECT STREET ADDRESS (if applicable)
N/A
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) section, Township, Range, LatlLon, ancilor Accessors's Parcel Number, for example.
Less than 1 Mile east of Guilford County Line on U.S. Hwy 70 opposite the Alamance Memorial Park
17. DIRECTIONS TO THE SITE
Exit 141 off Interstate 40/85, north on Hoffman Mill Rd (0.75 mile) to Church St (U.S. Hwy 70), West for 3 miles to the new U.S. Hwy 70 By-Pass.
Site is at southeast comer of this intersection.
18. Nature of Activity (Description of project include all features)
The project is a residential and office and industrial development comprised of 75 acres of detached homes (Zoned R-12), 10 acres of townhomes
(Zoned R-12) and 23 acres of office and industrial (Zoned 0&1) space. These uses are consistent with Burlington's Master Plan. On-site activities
will include clearing and grading associated with Improvements to the existing dam structure, to include construction of a road over the dam; clearing
and grading of portions of approximately 8 lots to aid utility and road installation; construction of four road crossings over streams and one over a
narrow portion of the lake to provide access and utilities to the opposite side of the lake.
The stream crossings will be performed using pre-cast concrete arches to minimize stream impacts. All of the streams are considered perennial.
These streams range in width from 3 to 15 feet. This permit application is being submitted not only for the proposed impacts but for approximately 1
acre of forested riparian wetlands and 570 If of first order stream that were filled and rip rapped, respectively, in May 2004. The Corps issued a NOV
for this activity. The attached supporting documentation includes a restoration plan for the stream and most of the wetlands that were filled without
authorization.
Ash
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The project is being proposed as a result of the increased demand for residential and commercial facilities in the area of the new U.S. Hwy 70 By-
pass. There is a need for mid-ranged housing in the piedmont-triad region of North Carolina at it is one of the fastest growing areas in the country.
Recent incentives in North Carolina for business park development have stimulated demand for mid-range residential housing.
Upland portions of the project have begun and areas requiring 404/401 permits will proceed ASAP and last approximately 5 years.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The reason for discharge of fill caused by the dam renovation is to restore a dangerous structure and to provide access and utilities to this southwest
portion of the site. All lot in-fill is necessary to allow adequate building and yard space that is required for the home types proposed for this
development and demanded by the market place. The crossing of the lake, again, is required to achieve adequate access to this portion of the site
and to provide utilities. All other road crossings will be conducted using pre-cast concrete arch spans to avoid, to the maximum extent practicable,
impacts to wetlands and streams. Note that the applicant is proposing to mitigate for potential impacts to wetlands around the periphery of the lake
even thought it is not directly impacting them.
The armoring of 570 LF of stream without a permit was conceived as a means of providing increased flood protection to the adjacent lots 1-5. This
channel will be restored and some of the adjacent filled wetlands will be restored decreasing this wetland impact from 1 acre to 0.4 acre and
eliminating the rip rap from the stream. The attached documentation outlines the conceptual stream mitigation plan using a natural channel design
approach to restore proper habitat in the way of an appropriate section, plan and profile as determined using some knowledge of the impacted
system and an appropriate reference reach.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Material proposed for discharge will include earthen fill that is generally deem unsuitable as structural fill elsewhere on the site. See the attached
table for a summary of the volumes of proposed fill on the project.
This table includes only those regulated activities located in waters of the U.S. that will not be restored as part of this project. As referenced above,
approximately 950 cubic yards of rip rap were discharged into the unnamed perennial stream. This material will be removed and the stream restored
using a natural channel design approach. In addition, approximately 0.6 of an acre of forested wetlands adjacent to the stream will be restored to
ENG FORM 4345NOD Jul 97EDITION OF FEB 941S OBSOLETE (Proponent: CECW-OR)
previous grade. These impacts not included in the tables summarizing impacts.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
The attached table summarized proposed filling activities associated with this project. As indicated above, the stream and wetlands that will be
restored as part of this project.
23. Is Any Portion of the Work Already Complete? Yes X No- IF YES, DESCRIBE THE COMPLETED WORK
Work that has been completed on the project included work in uplands and draining of the lake, not requiring 404/401 authorization, and
unauthorized work in jurisdictional areas.
The work in uplands has included some lot and road grading and initial excavation activities for relocating an existing 30-inch sewer line. Last fall the
lake was drained dry by siphoning. As outlined below, the applicant has obtained a land disturbance and dam breaching permit from the City and
NCDENR, Division of Land Resources.
The unauthorized work in jurisdictional areas, summarized above, occurred in May 2004.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more Man can be entered here, please attach a
supplemental list).
See the attached sheet and pre-addressed labels
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This
Application.
AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
G
City of Burlington Dam Breach NA 07/10/03 10/03/03
City of Burlington Land Disturbing NCG010000 12/02/03 01/02/04
USACE NOV 200420980 NA NA 06/07/03
NCDENR Dam Breach ALAMA-032 07/11/03 07128103
. Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in
this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as my authorized agent of the applicant. // X?C/
SIGNATURE OF APPLICANT DATE / SIGNATURE OF AGENT DATE
SIGNATURE OF APPLICANT T SIGNATURE OF AGENT DATE
The application must be signed by the person who esires to undertake the proposed activity (applicant) or it may be signed by a
duly authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United
States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false,
fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any
false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
E
ENG FORM 4345NOD
Jul 97EDITION OF FEB 9415 OBSOLETE
(Proponent CECW-0R)
Kenneth &Janet Robinson Leonard & Sharon Tyll Michael & Betty Smith
4247 Williams Mill Road 4235 Williams Mill Rd 4219 Williams Mill Rd
Burlington NC 27215 Burlington NC 27215 Burlington NC 27215
Kenneth &Susan Roberts James & Brenda McAdams Kim & Sandra Jarrett
4245 Shepherd Dr 4225 Shepherd Dr 4215 Shepherd Dr
Burlington NC 27215 Burlington NC 27215 Burlington NC 27215
Joseph & Lerae Dick Thomas & Ann Andrews Glenn & Sara Shepherd
4203 Shepherd Drive 4165 Shepherd Dr 2299 May Dr
Burlington NC 27215 Burlington NC 27215 Burlington NC 27215
Frank M Rich, Jr Samuel & Janet Whittington Clyde E Corbett
38498 South Lazy V Lane 4173 Shepherd Drive 4253 Williams Mill Rd
Burlington NC 27215 Burlington NC 27215 Burlington NC 27215
Boone Trail Limited
Partnership Joseph & Charlene Roberts Paul & Sandra Bundy
C/O Lillie R Boone 4016 S Church St 3948 S Church St
P O Box 47 Burlington, NC 27215 Burlington NC 27215
Gibsonville NC 27249

James & Janet Burwell
240 Coachlight Trail
Burlington NC 27215
2
n
CD

Project Drawings and Metland Data Sheets
4749-001
0 0
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2 N SHEET TTRZ PROJECT
G) SITE TOPOGRAPHY DAM BREACH, WITH WATERFORD/SEVENTY WEST [1111E[ffi www.mmhpe.com
? DELINEATED WETLANDS, AND DATA i
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R1 POINT LOCATIONS WATERFORD OWNERS- SEVENTY WEST OWNERS: - Civil Engineers, Surveyors, and Land Planners
D SCALE DATE WMW Development, LLC Wade end Linda Williamson 2823 South Church Street

1"=300' 07128104 3815 Friendship Patterson Mill
li
N
B 105 Thames Court Burlington, North Carolina 27215
ur
ngton,
C 27215 Elan, NC 27244 [phone] Office
[phone] [phone] [phone] Fax
DATA FORINI
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: kV ?I 4 /k/1S/ Date: 3!16
Applicant/Owner: t?
Investigator/s: S C- WG ? (rD - MA 166 0t" jrn/ County: f4jq lUa k Ce,
State: /VG
Do Normal Circumstances exist on the site. ? Yes Eg?o Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes &'.?Io Transect ID:
Is the area a potential Problem Area? ? Yes [rNo Plot ID:
If yes, explain:
Po s drgIh , Norniall W-
&
'
vegetation
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
_ _ 9[ 1 fr-t--
V _ T.. .9 ---
2. foli t /
-{' T - ?f-G 10.

12..._ -----

ryA 15.
s. 16.
Percentage of species that are OBL, FACW or FAC (excluding FAC-): ° o c FAC-Neut. %?? ,
Remarks:
Hvdrology
Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge
? Aerial Photographs Primary Indicators:
? Inundated aturated in Upper 12"
Other ? Water Marks ? Drift Lines
Sediment Deposits
F-1
No Recorded Data Available ? Drainage Patterns in Wetlands
Field Observations: Seco ary Indicators (2 or more required)
? Depth of Surface Water: inches dized Root Channels in Upper 12"
a

D ter Stained Leaves
Q
pth to Free Water in Pit: Q inches QLocal Soil Survey Data
? Depth to Saturated Soil: inches ? FAC Neutral Test
? Other (Explain in Remarks)
11 Remarks: ",A- Ch W-f 1"n
ho x-
Page 1 of 2
Plot ID: I
Soils
Soil Unit Name Drainage Class:
(Series and Phase):
Taxonomy Field observations ? Yes ? No
(Su
group): Confirm Mapped Type?
-
Profile Description:
Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) (Munsell Moist) (Munsell Moist) abundance/ contrast Structure, Etc.
D-6 /oyg y12 foy2 spa rhy/ ?Jfi??? a r I oq
lL7yg
/oyA
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer i n Sandy soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
Reducing Conditions
? ? Listed on National Hvdric Soils List
,?,/
L Gleved or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
\iJnti-I ilotorminatinn
Hydrophytic Vegetation Present? [ V' Yes U No Is This Sample Point Within a Wetland?
Wetland Hydrology Present? Hydric s ? No E] Yes ? No
Soils Present? ER'yes ? No
Remarks: All three wetland criteria have been meet.
? One or more of the wetland criteria have not been met.
Page 2 of 2
DATA FORM
ROUTINE WETLAND DETER-1NIINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 1/?Ge Gl?fp S t? (!/?5/ cAl Date:
County: f?l Make
Applicant/Owner: GG!
"t ?,/kkoi^i Pf rh 1G
/e
?
'
c
f - State: 114
!
11N
Y
JC l.[
Investigator/s: f
Efrytl
Do Normal Circumstances exit ofn the site? ? Yes [9-1Co Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes Eg t o Transect ID:
Is the area a potential Problem Area'?
• lai
/
If ? Yes ED-Xo Plot ID:
2
es, e
r 1
r p ( ptty' C9 ?j1 Dow `i S b 0
)V o I,-il a l1 y /oO-W L (00 F- - e V e- va-1 I
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 ?- r? a - - - --s -- - ? 9. -- - - -- --- ----
z.r_ w-? - - ---- - --- ,4-
l o.
3.
12.
5. J,? l ?5 ULJ - - -
? 13. - ----- --
6.
_ 1.3.
TS 15. - - - ------
8. 16. _ --
Percentage of species that are OBL FACW or FAC (excluding FAC-): '/o Q ` FAC-Neut. % °
Remarks:
Y. Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
12"
d i
U
lil S
? Aerial Photographs pper
n
aturate
? Inundated
Other ? Water Marks ? Drift Lines
? Sediment Deposits
No Recorded Data Available ? Drainage Patterns in Wetlands
Field Observations: Seco ary indicators (2 or more required)
Oxidized Root Channels in Upper 12"
? Depth of Surface Water: inches
D ? Water Stained Leaves
epth to Free Water in Pit: O inches
[ ? hecal Soil Survey Data
El Depth to Saturated Soil: inches FAC Neutral Test
? Other (Explain in Remarks)
Remarks h rtiGtWq C(i-CLt 41 S CGS S f !i`JO !A
5a; -c4rg-f - Sir' + c-L, s ryas ah
is o,.-r C? 5 5; 1,? Page I of 2
Plot ID:-
Soils
Soil Unit Name Drainage Class:
(Series and Phase):
Taxonomy Field observations ? Yes ? No
(Subgrou ): Confirm Mapped Type?

Profile Description:
Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) (Munsell Moist) (Munsell Moist) abundance/contrast Structure. Etc.
p -(p fk b4g?51 3 I L)l r- 5-/ ?tw1A t5+ S l{ L. C0.M
6-Ig 13 01 2- DQ,,YL-\

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer i n Sandy soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? educing Conditions ? Listed on National Hydric Soils List
eGGleved or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? Y ? No Is This Sam e Point Within a Wetland?
Wetland Hydrology Present? Hydric es ? No es ? No
Soils Present? es ? No
11 Remarks: A11 three wetland criteria have been meet.
? One or more of the wetland criteria have not been met.
Page 2 of 2
DATA FORM
ROUTINE WETLAND DETERMINATION
(1957 COE Wetlands Delineation Manual)
Project/Site: G1 G D sL( %Yl,S!!/?
1
316Y
Date: !0
Applicant/Owner:
Investieator/s: Wt 1,1 he / C47J, f County:,4JQJMGnCL
State: rVG
Do Normal Circumstances exist on the Ate? ? Yes . o Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes E;-? o Transect ID:
Is the area a potential Problem Area?
i
If
l ? Yes <,o Plot ID:
3
a
n:
yes, exp
?i/ pert-? Cr?u??? SAN.J- / s ovZ ?-t w
j?'r?c? has b2dh ?9i?l,?G'{' fez (o T?oht?is`? .
v e etauon
Dominant Plant Species
Stratum
Indicator
Dominant Plant S ecies
Stratum
Indicator

-- r ?
4. !mil lii?
JA

12.
13.
14.
7. - ?_ _ e-- - ?/f 15.
g, 16.
Percentage of species that are OBL, FACW or FAC (excluding FAC-): ° o FAC-Neut.
Remarks:

Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated Pit-Saturated in Upper 12"
? Other ? Water Marks ? Drift Lines
?No Recorded Data Available ? Sediment Deposits
? Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required)
? Depth of Surface Water: inches ? Oxidized Root Channels in Upper 12"
? Water Stained Leaves
[,'Depth to Free Water in Pit: 0 inches ? I al Soil Survey Data
? Depth to Saturated Soil: inches FAC Neutral Test
? Other (Explain in Remarks)
Remarks: /i YYh d ('/{?GGt/t/I.S Gy1 « liY?G Y T P-7
s14 K?-a cy,' Pace 1 of 2
Plot ID:

-A
Soil Unit Name
Drainage Class:
(Series and Phase):
Taxonomy Field observations ? Yes ? No
(Subgroup): Confirm Mapped Tti,-pe?

Profile Description:
Depth Horizon
Matrix Color
Mottle Colors Mottle
Texture, Concretions,
(inches) (Munsell Moist) (Munsell Moist) abundance/contrast Structure, Etc.
???v ?- rd?ksja lo?jz 3j6 Cr( sC
1 rop- g-5 ? 6/3
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Laver i n Sandy soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? I ducing Conditi ons ? Listed on National Hydric Soils List
Gle ed or Low-C hroma Colors ? Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? es ? No Is This Sample Point Within a Wetland?
Wetland Hydrology Present? Hydric E>-tss ? No 3-1r es ? No
Soils Present? E3-If-es ? No
Remarks: [L ll three wetland criteria have been meet.
? One or more of the wetland criteria have not been met.
Page 2 of 2
1 Ekt;W
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Proj - u.3 te: d k fV Lsvr n Date: 3
CountyA1A/`+a- cJ--
Applicant/Ov ner: // / _
Investi atoris: 5 C?1 ?vevi Gt 1t? ," c --& -/flfaf",P*111 State: A/C-
Do Normal Circumstances exist on the site? ? Yes Ee-IN-o Community ID:
Is the site significantly disturbed (.Atypical Situation)? ? Yes [g-N-o Transect ID:
t ID
Pl
Is the area a potential Problem Area? ? Yes o :
o
If yes, explain:
U /-L {!? , 12 4 1' 1 5 C4 ,
Np/? r C/? G
P r .L_ r r_ -
(.p 1) 9-- - L . rc-yJg /'jq-5 VwP 0t M f 1jZ T-`- V • I `7 .
V C oration
Dominant Plant Species
Stratum
Indicator
Dominant Plant Species
Stratum
Indicator
_l,- - _ -- -- - - FG_ 9. - - - - - - - - -- -----
10. -- -
.
- Ydl't -/k-- ---

11.

- -

- --- ---
4. u 12.
-5 -_ 5 1- w -- - a L 13. -- - ---
6 __l?1f_CYDS -Q?IGG - -- / 14.

V
4-- Ail 15.
8. 16. - - - -- --
Percentage of s ecies that are OBL, FA
Remarks: d L/' Q
orFAC (excluding FA% FAC-Neut
iss., , /iu - ?rr1-i -s- A-i C vim pi /=t-t--t r u_? r
"Yulvw r
d Data (Describe in Remarks)
Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs ? Inundated ? rated in Upper 12"
Other ? Water Marks Dnft Lines
? Sediment Deposits
ecorded Data Available
2
F rainage Patterns in Wetlands
0bscrvations:
Fie Secon Indicators (2 or more required)
Oxidized Root Channels in Upper 12"
of Surface Water: inches ? Water Stained Leaves
to Free Water in Pit: inches Local Soil Survey Data

epth to Saturated Soil: inches -t C Neutral 'rest

R
k
)
l
i
E
i
h
?
emar
s
a
n
n
x
Ot
er (
Remarks:
Page 1 of 2
Plot ID: -9- ??
JUIIJ
Soil 2nit Name
Drainage Class:
(Serind Phase):
Taxonomy Field obsen,ations ? Yes ? No
[
(Subgroup): Confirm Mapped Type'?

Profile Description:
Depth Horizon Matrix Color
Mottle Colors Mottle
Texture, Concretions,
(inches) (Munsell Moist) (Munsell Moist) abundance/contrast Structure. Etc.

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer i n Sandy soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
IV Gle ed or Low-Chroma Colors ? Other (Explain in Remarks)

Remarks:
Hydrophytic Vegetation Present? es ? No Is This Sample Point Within a Wetland?
Wetland Hydrology Present? Hydric EJ4 s ? No El Yes El No
Soils Present? cs ? No
Remarks: All three wetland criteria have been meet.
? One or more of the wetland criteria have not been met.
Page 2 of 2
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
.'7
Project/Site: e Date: 3 bq
County:Ajglwget-
Applicant/Owner:
Investieator/s: 0/? I? fate: NG
Do Normal Circumstances e t on the site?

?
Lf? o
? Yes
? Yes [A-???'o
Community ID:
Transect ID:
Is the site significantly disturbed (Atypical Situation) ? Yes [o Plot ID:
Is the area a potential Problem Area? _
If yes, explain:
c.-. i

WIL- cv v?cohrt-? y .
vegetation
Dominant Plant S ecies
Stratum
Indicator
Dominant Plant S ecies
Stratum
Indicator
_1_...
-- 9._
13 00?1 10.
3.
11.

5. 13. -----
6. 14. _._1- --- --.--
.
7 15.
-
-- -- - --
----
8 16.
. ---- - --
Percentaee of species that are BL, FACW or FAC (excludine FAC-) /o FAC-Neut. Qv
Remarks:
Hydrology
Recorded Data (Describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated ? Saturated in Upper 12"
? Other ? Water Marks ? Drift Lines
? Sediment Deposits
?
No Recorded Data Available ? Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required) \
? Oxidized Root Channels in Upper 12"
? Depth of Surface Water: inches ? eater Stained Leaves
? Depth to Free Water in Pit: inches ? Local Soil Survey Data
? FAC Neutral Test
El Depth to Saturated Soil: inches ? Other (Explain in Remarks)

Remarks: S
C4-7,04, ? Jl]? a e I of Z
u
Plot ID: #-S
i
Wetland Determination
=Hydrophytic egetation Present. es ? No IsThiSample Point Within El a Wetland?
No
ology Present? Hydric Y?? No ? es
Yes No
Remarks: All three wetland criteria have been meet.
? One or more of the wetland criteria have not been met.
G? ?
A e S V
U
0 y
Page 2 of 2
n
CD
w
Support Document A
4749-001
Waterford/Seventy West Project
Support Document
Burlington, North Carolina
Prepared for:
WMW Development, LLC
and
Wade Williamson
Submitted by:
Michael M. Hughes, P.E., Inc.
Malcolm Pirnie, Inc.
M,Mft
REVISED NOVEMBER, 2004
A
Y
?
1? N

, 11
L

Page
1.0 INTRODUCTION
1.1 Site Description ...................................................................................................................1-1
1.2 Project Description ..............................................................................................................1-1
1.3 Overview of Impacts ........................................................................................................... 1-3
2.0 PROJECT PURPOSE AND NEED
2.1 Burlington's Western Loop District ....................................................................................2-1
2.2 Analysis of Alternative Project Sites ..................................................................................2-2
2.3 Waterford/Seventy West Economics ...................................................................................2-2
2.4 Existing Dam Conditions ....................................................................................................2-3
2.5 Stream Crossings - Analysis of Alternatives ......................................................................2-5
3.0 AFFECTED ENVIRONMENT
3.1 Terrestrial Environments .....................................................................................................3-1
3.2 Wetlands ..............................................................................................................................3-1
3.3 Aquatic Environments .........................................................................................................3-1
4.0 SUMMARY OF IMPACTS
4.1 Overview .............................................................................................................................4-1
4.2 Specific Impacts ..................................................................................................................4-1
4.2.1 Dam Construction ..................................................................................................4-1
4.2.2 Street Construction .................................................................................................4-3
4.2.3 Unauthorized Stream and Wetland Fill ..................................................................4-4
4.2.4 Fringe Wetlands .....................................................................................................4-5
4.2.5 Summary of Specific Impacts ................................................................................4-5
4.3 Impervious Surface .............................................................................................................4-6
4.4 Summary of Avoidance and Minimization .........................................................................4-7
5.0 FUNCTIONAL ASSESSMENT
5.1 Lake .....................................................................................................................................5-2
5.2 Fringe Wetlands ..................................................................................................................5-2
5.3 Stream and Wetland Restoration Area ................................................................................5-2
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION
BURLINGTON, NORTH CAROLINA
Page TOC-i
4749-001

C
6.0 CONCEPTUAL RESTORATION AND MITIGATION PLAN
6.1 Objectives ............................................................................................................................6-1
6.2 Prior Stream Condition ........................................................................................................6-1
6.3 Reference Stream Data ........................................................................................................6-1
6.4 Revegetation and Site Stabilization .....................................................................................6-2
6.5 Mitigation Monitoring .........................................................................................................6-3
6.6 Ecosystem Enhancement Program (EEP) ...........................................................................6-5
7.0 SUMMARY
LIST OF FIGURES
C]
lJ

Figure Following
No. Description Page
1-1 Site Location Map ............................................................................................................... 1-1
1-2 Aerial Photograph of the site ............................................................................................... 1-1
1-3 WMW Development, LLC and Williamson Property Boundaries ..................................... 1-1
1-4 Proposed Residential Subdivision, Townhomes and Seventy West Office Park ................ 1-2
1-5 Seventy West Office Park Concept Plan ............................................................................. 1-3
1-6 Prior to Impact - Wetland & Stream Impact Area in the Vicinity of Lots 1-5 ................... 1-3
1-7 Subsequent to Impact - Wetland & Stream Impact Area in the Vicinity of Lots 1-5 ......... 1-3
2-1 Proposed Stream Crossings ................................................................................................. 2-5
4-1 Existing Dam Following the Breach ................................................................................... 4-1
4-2 Proposed Dam, Road and Bridge ........................................................................................ 4-2
4-3 Profile Along Proposed Dam Centerline ............................................................................. 4-2
4-4 Proposed Cross-Section at Section A-A in Figure 4-3 ........................................................ 4-2
4-5 Lake Bottom Impact Areas ................................................................................................. 4-2
4-6 Proposed Stream Crossings ................................................................................................. 4-3
4-7 Typical Concrete Arch Span Stream Crossing - Isometric View ....................................... 4-3
4-8 Plan View of Dunleigh Drive Stream Crossing .................................................................. 4-4
4-9 Profile of Dunleigh Drive Stream Crossing ........................................................................ 4-4
4-10 Plan View of Faithleg Drive and Townhome Drive Stream Crossings ............................... 4-4
4-11 Profile of Faithleg Drive Stream Crossing ..........................................................................4-4
4-12 Profile of Townhome Drive Stream Crossing .....................................................................4-4
4-13 Plan View of Corporate Park and Private Drive Stream Crossing ......................................4-4
4-14 Profile of Corporate Park and Stream Crossing ..................................................................4-4
4-15 Profile of Private Drive Stream Crossing ............................................................................4-4
4-16 Subsequent to Impact - Wetland & Stream Impact Area in the Vicinity of Lots 1-5......... 4-4
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERIMIT APPLICATION TOC-ii
BURLINGTON, NORTII CAROLINA 4749-001

LIST OF FIGURES (CONT'D)
Figure
No. Description
Following
Page
4-17 Fringe Wetland Impacts ......................................................................................................4-5
6-1 Proposed Stream and Wetlands Restoration Plan 2
6-2 Proposed Cross Sections .....................................................................................................6-2
6-3 Proposed Planting Details ...................................................................................................6-2
LIST OF TABLES
0
Table Following
No. Description Page
4-1 Summary of Stream, Lake Bottom and Wetland Impacts ...................................................4-1
4-2 Summary of Lake Bottom and Wetland Impacts-Volumes ................................................4-1
4-3 Impervious Surface Summary .............................................................................................4-6
4-4 Residential Subdivision Impervious Surface Calculations ..................................................4-6
4-5 Town Home Impervious Surface Calculations ...................................................................4-6
4-6 Seventy West Office Park Impervious Surface Calculations ..............................................4-6
6-1 Urban and Rural NC Piedmont Regional Curves ................................................................6-2
6-2 Probable Design Criteria for the Proposed Channel ...........................................................6-2
Appendix Description
A Dam breach permits
B Site Photos
C Letter to Agencies Notifying them of the Stream impacts
D EEP Confinnation Letter
E-1--
E,
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION
BURLINGTON, NORTII CAROLINA
TOC-iii
4749-001
L
This attachment to the Individual Permit Application provides the site description, project
background, the purpose and the need of the project, proposed impacts to waters of the U.S.,
efforts to avoid and minimize impacts to waters of the U.S., a functional assessment of the
waters of the U.S. on the site, and a conceptual mitigation plan to off-set the proposed
unavoidable impacts to waters of the U.S.
At a pre-application meeting on July 21, 2004, personnel representing the U.S. Army Corps of
Engineers (USACE), and the North Carolina Department of Environment and Natural Resources
(NCDENR), Division of Water Quality (NCDWQ), determined that the three project elements
did not have independent utility and that they must be reviewed and permitted together as one
entity. As a result, this application combines these three land use elements, as if they were one
project, despite the differences in ownership. The name selected for this combined submittal is
Waterford/Seventy West.
1.1 SITE DESCRIPTION
The project site is approximately 128 acres in size and is located in the Planning Jurisdiction, and
City Limits, of Burlington in western Alamance County, North Carolina. It is bounded to the
north by U.S. Route 70, which is also Church Street, and to the east by a newly constructed four-
lane divided highway known as US-70 Western Loop Bypass. Downtown Burlington is
approximately 6 miles east, and downtown Greensboro is approximately 21 miles west.
The site is in the Cape Fear River Basin (CU 03030002). Figure 1-1 shows the location of the
project site and Figure 1-2 shows a 1995 aerial image of the project site. As shown on these
Figures, the site is covered entirely by a forest and surrounds a man-made lake which is
approximately 18 acres in size. The lake is known locally as Lake McEwen after the previous
owners of the property.
The primary perennial stream flowing through the middle of the site into the head of the lake, is
known locally as Michael's Branch. Michael's Branch flows to Back Creek, Back Creek flows
into Big Alamance Creek which flows to the Haw River.
1.2 PROJECT DESCRIPTION
The project site consists of two separate tracts owned by different parties. Tract (Lot) One is
105.5 acres in size and is owned by WMW Development, LLC. Tract (Lot) Two is 23.2 acres in
size and is owned by Wade and Linda Williamson. WMW Development, LLC consists of three
member managers with equal interests. Wade Williamson is one of the three member managers,
the other two members are Larry McCauley and James T. Wilson.

WATERFORD/SEVENTY WEST INDIVIDUAL PERNIrr APPLICATION Page 1-1
BURLINGTON, NORTH CAROLINA 4749-001
Waterford Project
IRNI Burlington, North Carolina
FIGURE 1-2
August 2004
•
The tract boundaries and ownership, as well as the all of the adjoining property owners, are
shown in Figure 1-3. It is important to note in this Figure that the only access to the property is
from either Church Street or the Western Loop Bypass. There are no other public streets, or
private driveways or easements, from which the project properties can be accessed. WMW
Development, LLC is the developer of Tract (Lot) One and Wade and Linda Williamson are the
developers of Tract Two. These two parities are co-applicants for the Individual Permit
Application.
The project consists of three distinct land uses, namely: 1) a proposed residential subdivision, 2)
a proposed townhome cluster, and 3) a proposed office park. WMW Development, LLC is the
developer of the residential subdivision and the townhome cluster. The overall site plan
illustrating each of the three elements of the project is shown in Figure 1-4.
Residential Subdivision
The residential subdivision, known as Waterford, consists of 146 single family lots and a
recreation facility served by public streets, and water and sewer services. The residential
subdivision plans have been approved by the City of Burlington, as have construction plans for
the infrastructure.
® The street alignments for the residential subdivision, including the stub-out connections for the
adjoining properties (and the office park), were determined in an iterative process with the
participation of the developers, the City of Burlington Planning and Engineering Departments,
the City Planning Board, and the North Carolina Department of Transportation.
Town Home Cluster
The town home cluster is conceptual and has not been reviewed by City of Burlington; however,
it has been laid out in a manner consistent with the requirements of the land use ordinance of the
City. The only access to the proposed town home project is to cross the lake or the wetlands.
There are no other existing public streets, or private driveways or easements on adjoining
properties from which this side of the project can be accessed
The alignment of the proposed road to the town home project is also dictated by the availability
of public gravity sewer service. This is not only a city mandatory requirement for the town home
project, but also will be constructed in the public interest to serve other properties to the north
and west. This is the most practicable and feasible alignment for the extension of the gravity
flow system to serve the other side of the basin.
The City of Burlington Engineering Department, when asked about whether they would allow
extension of the sewer service to the other side of the lake where the town homes would be
located, produced a proposed construction drawing prepared by a consulting firm several years
® ago to bring sewer service to the property of Joseph F. Roberts shown on Figure 1-3.
WATERFORD/SEVENTY WEST INDIVIDUAL PERMIT APPLICATION Page 1-2
BURLINGTON, NORTII CAROLINA 4749-001
I
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This property has a closely clustered mobile home park with individual septic systems. Many of
the septic systems have been reported to be in a failing condition. The trailer park is also visible
on the USGS map shown in Figure 1-1 and the aerial photograph shown in Figure 1-2.
The alignment of the sewer line on the proposed construction drawing from the City of
Burlington Engineering Department is consistent with the proposed street connection to the
Waterford Town Home project.
Office Park
Wade (and Linda) Williamson have recently obtained a preliminary site plan approval for the
Seventy West Office Park concept plan. The approval would allow the subdivision of the
property into the lots as shown in Figure 1-4.
Figure 1-5 shows one potential development plan for the office park, with buildings and parking
lots. If the Seventy West Office Park were developed according to the concept plan, the
Williamson's (or development entity) would install the public infrastructure (as shown on Figure
1-4) and would sell lots to business owners (or others such as leasing companies) who would
then generate individual site plans to suit their needs.
Examples of businesses that require lots such as these are doctors, attorneys, real estate agencies,
insurance agencies and so on. The office/institutional zoning of the City of Burlington also
allows town homes, which presents another development opportunity. As a result, the final land
use plan for the Seventy West Office Park may or may not resemble that shown in Figure 1-5.
1.3 OVERVIEW OF IMPACTS
In May 2004 approximately 1 acre of wetlands and 570 linear feet of stream were inadvertently
filled during construction of the residential section's entrance, roadways, and sewer lines. The
area impacted is shown in Figure 1-6 before the impact and again in Figure 1-7 after the impact.
As was explained to the personnel representing the USACE at an initial onsite investigative visit
by on June 7, 2004 , and the USACE and NCDWQ personnel at the pre-application meeting on
July 21, 2004, this mistake was inadvertent and resulted from a misunderstanding whether or not
this area was regulated as waters and wetlands of the United States.
When the applicant realized that authorization from the USACE and NCDWQ was necessary for
these activities, the applicants authorized Malcolm Pirnie, Inc, and Michael M. Hughes, PE, Inc;
respectively, to notify regulatory agencies. Copies of the letters notifying the agencies are in the
Appendix.
WATERFORD/SEVENTY WEST INDIVIDUAL PERMIT APPLICATION Page 1-3
BURLINGTON, NORTH CAROLINA 4749-001
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Partial restoration of this area is planned as part of this project. There are additional unavoidable
impacts to waters and wetlands proposed for this project, including: five stream crossings, the
dam restoration, an encroachment on fringe wetlands along the lake by the residential lots, and
construction of the sewer line and road across the lake.
WATERFORD/SEVENTY WEST INDIVIDUAL PERMIT APPLICATION
BURLINGTON, NORTH CAROLINA
Page 1-4
4749-001

2.1 BURLINGTON'S WESTERN LOOP DISTRICT
Years ago the City of Burlington developed a long-range plan for growth that focused the
emphasis for new development in a westerly direction toward and beyond the Guilford County
line along both sides of the I-40/1-85 interstate corridor. The opportunity for growth to the east is
constrained by the municipal boundary with the City of Graham. Growth opportunities to the
north are limited by the road network.
The closure of the GE missile plant and several textile mills due to the flight of industry
overseas, have significantly impacted the City of Burlington with the loss of thousands of jobs,
as well as tax and water and sewer utility revenue. The strong economic health of both the
Triangle (Raleigh, Durham and Chapel Hill), and the Triad (Greensboro, Winston Salem, and
High Point), along with increasingly expensive housing markets, has created opportunities in
Burlington for housing, and businesses that support residential communities.
The easy interstate commute east and west, further enhanced by the recent improvements to both
I-85 and I-40, has made Burlington (along with Graham, and unincorporated areas of Alamance
County) an affordable and attractive place to live. Burlington's local economy has rebounded
due to new housing starts, but the current inventory of available lots lags demand. This is the
basis of the opportunity for the Waterford/Seventy West project.
The Western Loop Bypass that borders the project is centric to the long range growth plan for the
City of Burlington. The bypass will have a new interchange with I-85, three thousand (3,000)
feet south from the project site. There are two very large scale shopping centers planned for two
of the four corners of this new interchange. The City of Burlington zoned the lands along the
bypass, while it was in the planning stages, in such a way to provide a sensible, forward-thinking
land-use pattern that links retail land uses, office/institutional land uses, and residential
communities in an integrated matrix where both essential and discretionary shopping is close to
home along with doctors, dentists, insurance companies, and the many other businesses that fit
the office/institutional zoning category.
The City of Burlington believes so strongly in its need to secure the future of the Western Loop
Bypass, that it passed a special Zoning Overlay District just for all of the land west of Town
surrounding the corridor. The requirements of the Overlay District are rigorous with respect to
interconnectivity of road systems, accommodations for pedestrians and bicycles, landscaping,
signs and many other related considerations.
C
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-1
BURLINGTON, NORTH CAROLINA 4749-001
E_)7
2.2 ANALYSIS OF ALTERNATE PROJECT SITES
At the time the applicants selected the project site for there were three other parcels of land for
sale that were evaluated for development. The following properties were considered:
1) Tax Map 80-49-27, 1316 Springwood Church Road, 78 acres (+/-) acres. Although
this land was comparably priced to the project site, it does not have comparable
interstate access. Additionally, the entire site consists of fields that were recently
cultivated and there were no trees which were important aesthetically for the project.
2) Tax Map 19-14-5. Third Street Extension and Gibson Road, 39 acres (+/-). This
property was a mix of wooded reserves and some open pastures on rolling terrain.
The area of the county that this property is located in will not support home values
above $200,000. The surrounding land uses consist of properties with mobile homes,
old mill-style houses, and junked cars. It was priced comparably to the project site,
but does not have comparable access to the interstate or retail or service businesses.
3) Tax Map 3-26-58, Western Loop Bypass in Burlington, 12 acres (+/-). This property
is across the Western Loop Bypass from the project site. It is similar in topography,
trees and access to the interstate highway. However, the City of Burlington had
zoned it for high-density residential land use such as condominiums, apartments, or
town homes and, as a result, it was priced way above the levels required for the
project.
Each of the alternate sites was dismissed because of size, price, access, topography or
surrounding property values. As previously mentioned in Section 1, the Waterford/Seventy West
project consists of three separate land uses. Of the four tracts that were considered for the
project, it was the only one that had been suitably zoned by the City of Burlington for both single
family residential and office land uses.
The unique nature of the 128 acre project site, consisting of the lake framed by rolling
woodlands, with frontage on both the Western Loop Bypass and US 70 and access to the
interstate highway within 3,000 feet made it the clear choice.
2.3 WATERFORD/SEVENTY WEST ECONOMICS
The unique nature of the site and the underlying land cost make the site well suited for the
planned development, however, the infrastructure costs associated with the project are
extraordinarily expensive.
It is important to note that all of the infrastructure costs are borne directly by the applicants in
their speculative endeavor to provide residential homes, and office lots, at market prices
consistent with the local economy. There is no economic assistance or other consideration
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-2
BURLINGTON, NORTH CAROLINA 4749-001
0
provided by the city, county, state or federal governments. In fact, the water and sewer
connection impact fees payable to the city for the residential subdivision alone are in excess of
$150,000.
In order to provide amenities for the residents, other than the lake, the applicants are providing a
swimming pool, tennis courts, a community center, and open space. The costs of these amenities
were factored into the initial project budget, along with the projected costs for the streets,
utilities, Burlington water and sewer connection fees, engineering costs and interest over the
projected build out period of seven years. In order to cover these costs and the underlying cost
of the land, the average selling price of a lot in the Waterford subdivision needs to be well above
the current market.
Each project has a limit to the level of cost that it can sustain before the risk outweighs the
potential gain. Simply stated if the costs of the project outweigh the potential revenue generated
by market prices, the project becomes infeasible.
Some of the extraordinary costs of this project are as follows; 1) the requirement to completely
rebuild the dam for the lake, 2) the street connectivity requirements of the City of Burlington, 3)
turn lane and construction requirements stipulated by the North Carolina Department of
Transportation for each of the four proposed intersections with the Western Loop Bypass and US
70, 4) relocation of 2,000 feet of sewer trunk line, 5) on-site sub-surface rock and groundwater
conditions, and 6) extra interest due to delays.
At one of the meetings with USACE and NCDWQ staff, one of the staff members asked if the
project could do without lots 1-5 so that the wetlands could be completely restored. This is the
area where the self-reported stream and wetlands violation occurred that was discussed in
Section 1.
The project cannot sustain the loss of revenue associated with the sale of these lots. There are
140 lots in the Waterford residential subdivision. Five (5) lots account for 3.5% of the total
revenue. Depending on all of the unknown factors that influence profitability, 3.5% of gross
revenue may represent 20%-30% or more of the total profit.
Not only would there be a direct loss of revenue if the lots were not to be available for sale, but
also at the same time there is no associated cost benefit. All other costs would remain the same,
plus there would be an added expense of restoration of the additional wetland area that is
proposed for mitigation. If the project were to lose the revenue and at the same time incur the
restoration cost the project becomes financially untenable.

WATERFORD/SEVENTY WEST PROJECr INDIVIDUAL PERMIT APPLICATION Page 273
BURLINGTON, NORTII CAROLINA 4749-001

2.4 EXISTING DAM CONDITIONS
The dam for the lake has been in a progressive state-of-failure for about the last 10 years. When
WMW Development, LLC purchased the property in June, 2003 it was important to the new
owners to minimize the opportunity for damage or injury should the dam fail. Although there
are no homes immediately downstream of the dam, the stream which outlets from the dam
crosses under I-85, approximately 3,500 feet from the base of the dam, as shown in Figure 1-1.
As a result, and in anticipation of performing repairs to the dam under a Nationwide 404 Permit
in conjunction with proposed construction activities on Tracts One and Two, an approval to
breach the dam was obtained from the City of Burlington in October 2003 and the NCDENR
Division of Land Resources in July 2003. Copies of these permits are contained in Appendix A.
Photos of the existing dam conditions are contained in Appendix B.
Prior to preparing the breach permit application, or initiating the work for the re-design of the
dam, the history of the lake was researched. The exact age of the 18-acre man-made lake is not
known. It was present in an aerial photograph taken in 1951 on file in the Alamance County Soil
Conservation Service Office. Local stories and the construction methods used for the dam
indicate that it may have been built in the late 1930's or 1940's.
The total watershed area of the lake is approximately 2.5 square miles and encompasses a portion
of western Burlington, a large portion of the Town of Elon, and a small section of the Town of
Gibsonville. At the time the lake was built, nearly the entire watershed was farmland, as
evidenced by the 1951 photograph. Today residential subdivisions, paved public streets, a major
Lutheran retirement community, and other land development cover about 75% of the watershed.
The lake had two primary outlet structures made of reinforced concrete with a combined weir
length of approximately 25 lineal feet. In addition it had an emergency spillway which was also
paved with reinforced concrete that served a dual purpose as an access road to the other side of
the dam. At the time the dam was constructed it appears that the available vertical head between
the weirs in the primary outlet structures and the emergency spillway was approximately 4 feet.
The top of the dam appears to have been another 2 feet above the emergency spillway. All of
this was interpreted from the 1951 aerial photograph, the remains of what was left of the
emergency spillway, and the memories of some area residents.
Over the years, beavers had constructed dams inside of the weir structures blocking off the flow
of water and increasing the pool elevation of the lake. Sometime in the past decade a major rain
event, perhaps Hurricane Gerry in 1995 or Fran in 1996, breached the emergency spillway and
washed out the reinforced concrete structure and road, and an estimated 400-500 cubic yards of
earthen fill from the dam.
The failure of the emergency spillway created a huge void through the dam structure,
0 approximately 30 feet across, 40 feet wide and 10 feet deep. In addition to the damage sustained
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-4
BURLINGTON, NORTII CAROLINA 4749-001

by the emergency spillway, the wing-walls and discharge flume of the principal spillway had
been undermined and had failed. All of the reinforced concrete from the discharge flume
spillway was gone, and the channel downstream of the flume was severely eroded. Photographs
of the dam in this condition were reviewed with the USACE and NCDWQ personnel during the
July 21, 2004 pre-application meeting.
According to local residents who used the lake for recreational purposes for many years, they got
together and made repairs to the gaping hole in what was once the emergency spillway. They
constructed a wooden retaining wall with posts and wooden slats across the void. This brought
the water level back up to approximately the same elevation that existed before the failure of the
emergency spillway. However, beavers continued to plug up the primary outlet structures and it
appears that every significant rain event breached the wooden retaining wall constructed by the
local residents. The combination of upstream development with significant amounts of
impervious surface, reduced outlet capacity, a water surface elevation higher than originally
designed due to the beavers, and the wooden retaining wall created a highly unsafe condition.
Prior to initiating the design work for a replacement structure a detailed analysis of the existing
dam and the lake was performed. This analysis included: 1) Delineation of the wetlands around
the lake, 2) research of the dam inventory records of the State of North Carolina, 3) soil borings
through the dam to determine the suitability of the construction methods and the materials
employed at the time it was built, 4) a topographic survey, and 5) a physical inspection
The peripheral wetlands were delineated by Malcolm Pirnie, and survey crew personnel
employed by Michael M. Hughes, PE, Inc., located the wetlands delineation flags, the extent of
the water surface, and other elements of the onsite topography. This field survey established that
the base pool elevation in the lake was approximately 602 feet above mean sea level (msl). Over
the course of the field survey work, which took several weeks, the water surface elevation that
was measured varied between 601.70 and 602.60. The physical evidence in the field at that time
showed that the lake had been fluctuating at that elevation for years due to the beaver dams and
the repairs to the emergency spillway.
The research on the dam showed that it was on the NC State Dam Inventory and that it had been
inspected by NCDENR staff since it had been breached. No action was recommended at that
time by the NCDENR staff, and it was due (overdue) for a re-inspection.
The soil borings, and the subsequent engineering analysis on soil samples indicated that the fill
material, at each of the four locations spread across the length of the dam, was good and well
compacted up to a depth of about 14 feet. In this region of good material in the upper portion of
the dam, the blow counts from the soil auger were 10-14 strikes per foot.
However, at a depth of about 14 feet, which would have been near the surface of the stream
bottom prior to construction of the dam, the blow counts dropped to zero (0) and the material at
that depth would not even hold up the weight of the auger and drill line. Soil analysis indicated
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-5
BURLINGTON, NORTH CAROLINA 4749-001
C]
The conclusion was that the dam would be required to be completely excavated and removed so
that the muck at the core in the base could be removed. The dam would have to be rebuilt with a
solid earth core, keyed into adequate substrate below the old stream bed.
The construction drawings for the subdivision include plans for the reconstruction and
restoration of the dam and spillway system. These construction plans and specifications were
submitted on May 24, 2004 to the NCDENR Land Quality Section, Dam Safety Branch for
review and permitting (NCDENR-DSB). The review process is currently underway. The
construction plans call for the permanent pool elevation of the lake to be 601.50 after
construction of the new spillway system. The new spillway design takes the existing upstream
development and impervious surface into account, along with the reclassification of the structure
to a high-hazard dam, and the spillway hydraulics are based on a design storm event of one-third
the Probable Maximum Precipitation as required by NCDENR-DSB.
2.5 STREAM CROSSINGS - ANALYSIS OF ALTERNATIVES
Development of the site will include construction of several residential streets through the
project site. In addition, the City of Burlington has mandated that an internal private roadway be
established to allow emergency traffic flow between the residential development on the eastern
portion of the property and the commercial portion to the northwest. This roadway alignment is
also the path for the City sewer line.
Five stream crossings, including one crossing of the wetland area just north of the lake surface
are proposed for this project. They are shown in Figure 2-1.
Dam Crossing
During the conceptual design process several alternative routes were examined to provide access
the southwest portion of the property, including: 1) the proposed alignment across the top of the
dam (which follows the old road across the emergency spillway which was washed out), 2) an
alternate alignment below the dam across the matrix of streams and wetlands in the pristine
wooded area, or 3) a third alignment from the north which would follow the western property
line south, through the Seventy West office park
Since the dam was in such a significant state of disrepair and would have to be completely
rebuilt, the third alignment alternative from the north which would follow the western property
line south, through the Seventy West Office Park to access the landlocked southwest corner not
only became cost prohibitive, but also required two significant lake and wetland crossings.
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-6
BURLINGTON, NORTH CAROLINA 4749-001
that the material at this depth was saturated grey organic clay unsuitable for the core of a dam.
Apparently the existing dam was constructed directly on the topsoil, and/or alluvium of the
stream bed and forest floor without excavation of unsuitable soils. This was typical of smaller
scale farm and recreational impoundments constructed prior to about 40 years ago.
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The analysis of the alternate street alignment below the dam across the matrix of streams showed
that it was feasible, although likely to be more expensive than the pavement and bridge across
the dam and spillway. However, in order to keep the alignment of the street within the project
boundaries, it would have required clearing a significant portion of the wooded bottom land at
the base of the dam, several stream crossings, and considerable impact to the wetlands. All of
this would have been in addition to the repairs required for the dam. In either event, the dam
would be classified as a high-hazard due the road crossing either on top of it, or below it.
As a result, the proposed method of access to the landlocked parcel on the southwest portion of
the property by reconstructing the street across the top of the dam was determined to be
preferable over a separate crossing of the wetland and stream system below the dam.
Dunleigh Drive
The stream crossing on Dunleigh drive was necessary to access that side of the proposed
subdivision. As noted in Section 1, that side of the project is landlocked and there are no
existing public right-of-way connections available. The street stub outs for future access to
adjoining properties, and shown in the Waterford subdivision plan, were requested by the
Burlington Planning Department for future neighborhood connectivity as the adjoining properties
is are developed.
Faithleg Drive
In a like manner, The City of Burlington requested that an internal private roadway be
established on the north through the street labeled as Faithleg Drive for a variety of reasons.
Among the reasons important to the City was project conformance to the Land Development
Ordinance to provide traffic circulation and emergency access between adjoining neighborhoods
or between differing land use elements such as the proposed office park.
The stream crossing on Faithleg Drive also provides access to the proposed town home project.
As discussed in Section 1, the only access to the other side of the lake where the proposed town
home project is located is via a proposed road across the wetlands at the northern edge of the
lake surface. There are no other public streets, or private driveways or easements, from which
this side of the project can be accessed.
In addition, the alignment of the proposed road to the town home project is dictated also by the
availability of public gravity sewer service. This is not only a City mandatory requirement for
the town home project, but also will be constructed in the public interest to serve other properties
to the north and west; most notably a mobile home park with individual septic systems of which
many are reported to be in a failing condition. This is the most practicable and feasible alignment
for the extension of the gravity flow system to serve the other side of the lake basin.
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-7
BURLINGTON, NORTII CAROLINA 4749-00?
EJ
Seventy West Office Park
The two stream crossings in Seventy West office park were required by the City of Burlington
and also by the North Carolina Department of Transportation (NCDOT) which grants the permits
for the street connections to US 70 (Church Street) and the Western Loop Bypass. The reasons
given by both the City and NCDOT for the stream crossings were that they provide internal
traffic circulation, thereby reducing traffic on the adjoining streets, and they also allow for
multiple points of emergency vehicle access.
E?
C.]
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 2-8
BURLINGTON, NORTH CAROLINA 4749-001

C7
L 7
MALCOLM
PIRNIE
p0ma
The site is comprised of upland forest; forested, scrub-shrub, and emergent wetlands; riverine;
and lacustrine environments. The following text summarizes the environments on the site.
Appendix A contains site photos.
3.1 TERRESTRIAL ENVIRONMENTS
Oak-hickory forest cover dominates the site. This forest type occurs on a wide range of well-
drained upland sites except for the very rocky, dry or shallow-soil areas. The most common
overstory species on the site are white oak (Quercus alba), northern red oak (Quercus rubra),
southern red oak (Quercus falcata), black oak (Quercus velutina), scarlet oak (Quercus
coccinea), and several hickory (Carya spp.) species. Common understory species on the site
include sourwood (Oxydendrum arboretum), dogwood (Cornus florida), blackgum (Nyssa
sylvatica), and red maple (Ater rubrum).
Typical wildlife species that would inhabit this region would include white-tailed deer
(Odocoileus virginianus), raccoon (Procyon lotor), opossum (Didelphis virginiana), red fox
(Vulpes vulpes), short-tailed shrew (Blarina brevicauda), American robin (Turdus migratorius),
various songbirds (Passeriformes), and red-tailed hawk (Buteo jantaicensis).
3.2 WETLANDS
Wetland communities within the site consist of forested wetlands dominated by red maple,
sweetgum (Liquidambar styricaflua), and willow oak (Quercus phellos). These wetlands are
located along the wider portions of the lake's fringe wetlands and adjacent to the perennial
stream that was impacted. The scrub-shrub wetlands, which are dominated by tag alder (Alnus
serrulata) and black willow (Salix nigra), are located in the narrower fringe wetlands and in
small areas within the emergent wetlands north of the lake. The portion of the site north of the
lake appears to be former beaver pond that is silted in and is now dominated by emergent
vegetation to include several smartweeds (Polygonum spp.), tearthumb (Polygonum sagittatum),
and broad-leafed cattail (Typha latifolia). Appendix B contains photos of the wetlands in the
upper end of the lake.
3.3 AQUATIC ENVIRONMENTS
Aquatic environments on the site include riverine and lacustrine systems. The riverine systems
include three first order streams and a second order stream (the main channel bisecting the site
and feeding the lake). The 18-acre lake on the site represents the lacustrine system. The lake
was drained by siphon in November 2003 to initiate the dam repair work. It is remains in this
condition. All four streams on the site are estimated to be perennial. Cyprinids (minnows) were
observed in the streams during site visits and water was observed in the channel during all site
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 3-1
BURLINGTON, NORTH CAROLINA 4749-001
MALCOLM
I
3
visits. Prior to draining, the lake likely held catfish, sunfish, bluegill, carp, bowfin, and bass.
Appendix B contains photos of the drained lake bed.
1.1
n
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 3-2
BURLINGTON, NORTH CAROLINA 4749-001'..

4.1 OVERVIEW
The environmental impacts created by the Waterford/Seventy West project to the wetlands and
waters of the United States surrounding the Lake have been identified.
At the pre-application meeting on July 21, 2004, Malcolm Pirnie, Inc. and Michael M. Hughes,
PE, Inc., representing the project developer, USACE and NCDWQ discussed the impacts
associated with the installation of the infrastructure required to make the lots and town homes
available for sale.
Although the developer is avoiding impacts to the majority of the fringe wetlands around the
perimeter of the Lake because they are not directly impacted with the installation of the
infrastructure, the USACE requested that potential impacts to approximately 1.1 acres of fringe
wetlands associated with activities conducted after the sale of the property be addressed in this
application. Specifically these fringe wetlands are the located along the lake for lots 6 through
21 and lots 115 and 116.
The environmental impacts associated with the Waterford/Seventy West project, summarized in
Tables 4-1 and 4-2, are organized into the following categories:
¦ Dam Construction,
¦ Street Construction,
¦ Unauthorized Stream and Wetland Fill, and
¦ Fringe Wetlands.
4.2 SPECIFIC IMPACTS
The specific impacts to the wetlands and waters of the United States associated with the
Waterford/Seventy West project are discussed in each of the sections which follow.
4.2.1 RANI CONSTRUCTION
Dam Footprint - Lake Bottom Impacts
The dam and the spillway structure have been re-designed to high-hazard specifications. The
design also incorporates an improved roadway and bridge across the top of the dam to provide
access the land locked southwest portion of the property with public right-of-way suitable for a
residential connector street.
C
WATERFORD/SEVENTY WEST PRO.IECr INDIVIDUAL PERMIT APPLICATION Page 4-1
BURLINGTON, NoRTII CAROLINA 4749-001

Table 4-1
Waterford/Seventy West
Summary of Stream, Lake Bottom and Wetland Impacts
E
Type of Impact
Wetland Im act Types
Stream Lake Bottom Scrub-shrub Forested Emergent Total Wetland
Activitv LF SF Acres SF Acres SF Acres SF Acres SF Acres
DAM CONSTRUCTION
Lake Bottom Impacts
Permament Fill (for Dam) 0 24,700 0.567 0 0 0 0 0.00
Temporary Disturbance (Borrow) 0 194,000 4.454 0 0 0 0 0.00
Check Dams (Temporary) 0 2,700 0.062 0 0 0 0 0.00
Cofferdam (Temporary) 0 5.000 0.1151 0 0 0 0 0.00
Total Dam Construction 226.400 5.197 0 0.00
STREET CONSTRUCTION
Wetland and Lake Bottom Impacts
Dunleigh Drive - Stream Crossing # 1 0 0 0 2,817 0.065 0 0 2,817 0.065
Faith Leg Drive - Stream Crossing #2 0 0 0 3,051 0.070 0 0 3,051 0.070
Corporate Park Drive - Stream Crossing #3 0 0 0 0 0 0
Corporate Park Connector - Stream Crossing #4 0 0 0 0 0 0
Road Across Lake 0 1.532 0.035 12.481 0.287 0 12.481 0.287 24.961 0.573
Total Street Construction 1.532 0.035 18.349 0,421 12.481 0.287 30.829 0.708
UNAUTHORIZED STREAM AND WETLAND FILL
Wetland Impacts Lots 1-51 0 15.607 0.358 15.607 0.358
Total Unauthorized Stream and Wetland Fill 0 0.00 15.607 0.358 15.607 0.358
FRINGE WETLANDS
Waterford Lots 6-212 0 0 0 43,851 0.997 0.00 0 0 43,851 0.997
Waterford Lots 115-1162 0 0 0 4,164 0.096 0.00 0 0 4,164 0.096
Waterford Townhomes 0 0 0 0 0 0 0 0 0 0 0
Seventv West Office Park 0 0 0 0 0 0 0 0 0 0 0
Total Fringe Wetlands 0 0.000 48.015 1.092 0 0.00 0 0.00 48.015 1.102

TOTAL IMPACTS 227.932 5.233 66.363 1.513 15.607 0.358 12.481 0.287 94.451 2.168
Footnotes:
lAfter Restoration: Unauthorized wetland and stream fill that will be restored are not included on this table.
2Not impacted by app;icant but also not specifically protected by a legal instrument.
Table 4-2
Waterford/Seventy West
Summary of Lake Bottom and Wetland Impacts - Estimated Fill Volumes'
Volume (c y)
Activity Soil Rock
Lake Bottom
Permament Fill (for Dam) 45,000 0
Temporary Check Dams and Cofferdam 1,711 120
Total Pond Bottoms 46,711 120
WetlandsZ
Fringe Wetlands - Lots 6 through 21 1,624 0
Fringe Wetlands - Lots 115 and 116 154 0
Riparian Wetlands - Lots 1 through 5 850 0
Riparian Wetlands - Stream Crossings for Street Construction (4 total) 207 0
Lake Basin Wetlands - Street crossing the Lake 560 0
Total Wetlands 3,395 0
After Restoration: Unauthorized wetland and stream fill that will be restored are not included on
this table. Does not include 950 cy of rock that will be removed from the imapcted stream at Lots 1-5
2Indicates approximated volumes below the ordinary high water line for waterbodies and below
the horizontalal plane formed at the upper limits of each wetland system.
°a:
1-1)
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Figure 4-1 illustrates the topography of the existing dam following the dam breach as discussed
in Section 1. Note the network of braided streams at the base of the dam. This area is wooded
with a mixture of mature oaks and hickory trees and has extensive wetland areas. Since no
impacts were planned for this area a detailed wetland delineation of this area was not performed.
Figure 4-1 also shows the footprint of the new dam over the old dam.
Figure 4-2 shows the proposed dam, street, and outlet structure in plan view, along with the
finished topographic grades. The renovations required for the dam to achieve upstream and
downstream slopes of 3:1, and a top width of 35 feet for the street and sidewalk will result in
permanently filling approximately 24,700 square feet (0.6 acre) of lake bed. To avoid impacts to
wetlands, streams, and forested uplands downstream of the dam, the downstream toe of the dam
will be constructed within the original dam footprint. To accommodate the proposed roadway
and sidewalk on top of the dam, the upstream toe of the dam extends approximately 60' further
into the lake than the existing footprint
As shown in Figure 4-2, the old emergency spillway channel will be abandoned. The new
principal and emergency spillway structure will discharge to a portion of the principal stream
channel at the base of the dam. The old principal spillway stream channel will be kept hydrated
by the backwater. The old secondary spillway stream channel is being utilized as a stormwater
outlet channel. In addition, a 6" diameter pipe will be run through the dam, under the water
surface at elevation of 598.5 into curb inlet CB-F2, to provide a continuous flow the old
secondary stream channel.
Figure 4-3 shows a profile along the length of the dam, and Figure 4-4 shows a cross-section of
the new and old dam at Section A-A as shown in Figure 4-2. Because the dam needs to be
rebuilt from the base up, the potential quantity of earth fill required may be as much as 30,000
cubic yards (810,000 cubic feet). In addition, there are other requirements for suitable fill
material in the Waterford/Seventy West Office Park project. Until the old dam is fully
excavated, it is not certain how much of the existing material in the dam will be able to be re-
used.
As shown in Figures 4-3 and 4-4, the new combined principal and emergency spillway structure
will maintain a base water surface elevation of 601.5. Rain events will raise the water surface
elevation until the excess water leaves the outlet. The maximum storm rain event called the one-
third Probable Maximum Precipitation (PMP) which consists of 12 inches of rain in 24 hours
will raise the water surface to 604.48. The one-third PMP design standard is more rigorous and
conservative than the 100 year storm design standard.
Borrow Sites and Other Lake Bottom Impacts
In order to determine where the suitable fill is available on-site for the reconstruction of the dam,
soil borings were done at several locations in the drained lake bed. The soil borings and
subsequent testing identified several sites in the lake bed as having suitable construction
materials. In some of the areas, the suitable material is contained in a lens that starts 3 feet
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 4-2
BURLINGTON, NORTH CAROLINA 4749-001
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below the lake bed to a depth that varies from 6-8 feet where rock is encountered. In other areas
there is suitable material from the surface to a depth of 15 feet. The areas from which fill will be
removed from the lake bed are shown in Figure 4-5.
The soils at the various borrow sites will be excavated to depths ranging from 3 to 15 feet deep,
depending on the amount of useable soils. The borrow sites will be backfilled with unsuitable
soils that are excavated during construction of the dam and roadways elsewhere on the site.
Where practicable, a ten-foot buffer will be maintained between the existing fringe wetlands and
the borrow sites to avoid destabilizing the fringe wetland soils. The total area of excavation in
these borrow sites in the lake bed is approximately 194,000 square feet (4.6 acres).
As shown in Figure 4-5, additional temporary impacts to the drained lake bed will include the
need to construct a coffer dam to keep the dam and spillway construction area dry, and
temporary rock check dams placed in the lake bottom to control downstream siltation during
construction and excavation. These impacts to the lake bed will be temporary in nature and the
structures will be removed before refilling the lake. These temporary impacts total
approximately 7,700 square feet (0.2 acres).
4.2.2 STREET CONSTRUCTION
Five stream crossings, including one crossing of the wetland area just north of the lake surface,
are proposed for this project. They are shown in Figure 4-6.
The initial onsite investigative visits by USACE on June 7, 2004, the onsite investigative visit by
NCDWQ on July 1, 2004, and the pre-application meeting with USACE and NCDWQ on July
21, 2004, were helpful and influential in the design and alignment of the stream crossings.
As a result of the discussions during these meetings, the applicants made the decision to use
concrete arch span structures for the stream crossings instead of box culverts. Concrete arch
span structures create virtually no impacts to the existing stream substrates and allow for an
undisturbed stream bed as compared to typical box culverts.
Concrete arch spans are open bottomed, and sit on foundations either side of the live stream bed.
Figure 4-7 shows a typical arch span in an oblique three-dimensional view. The arch span
shown in Figure 4-7 is from one of the design iterations for the span that will be eventually used
at the stream crossing over Dunleigh drive.
In the case of three out of the five stream crossings proposed, the concrete arch spans and their
footings are wide enough to avoid stream and wetlands impacts altogether. The use of the wing
walls associated with these types of crossings also allows for a much narrower street crossing by
retaining side slopes in fill sections of the street, thereby reducing total impacts
In addition to changing the standard stream crossing structure from box culverts to arch spans,
during the onsite investigative visit by USACE on June 7, 2004 personnel from USCAE,
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 4-3
BURLINGTON, NORTH CAROLINA 4749-001

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NOT FOR CONSTRUCTION
•
•
•
PRISCILLA J. BUCKAL00
DB 445 PG 25 (ALAMANCE)
DB 1389 PG 460 (GUILFORD)

WATERFORD TOWNHOMES
30 UNITS
LILLE R. BOONE
D.B. 1247 PG 730
19 I 10
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ATERFORD SUBDIVISION

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Na, of Cells I
Length per Cell 48'-0' (14 630 mm)
Span 28'-0" (B 534 nn)
Rise 8'-0' (2 438 nn)

idth of Joint

l4" (6 nn) WW #1 WW #2 WW #3 WW #4
Height
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Length I6'-6" (6 029 nn) 50'-0' (15 240 nn) 16'-6" (5 029 nn) 16'-6' (6 029 nn)
Wingwall Angle 45.0° 90.0° 45.0° 45.0°
Height 12'-9' (3 686 nn) 12'-9' (3 866 nn) 12'-9' (3 88b nn) 12'-9" (3 666 nn)
End Height 6'-0' (I 829 nn) II'•10' (3 606 nn) 6'•0' (I 829 nn) 6'-0" (I 829 nn)

Flat Length
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I'-0' (305 nn)
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I'•0' (305 MM) Charlotte NC [phone] :5 z
Upstream Downstream
above unit at crown
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4'•6' (I 372 nn)
Thickness I'•0' (306 nn) I'•0" (306 nn)
Attached NO NO
•
reviewed the proposed stream crossing on Dunleigh Drive (see Figure 4-6), and examined the
field conditions in the vicinity of the proposed crossing. The USACE personnel suggested that
the proposed street alignment be re-evaluated, with the objective of reducing the impact the
crossing would have on the stream.
As a direct result of that suggestion, the street alignment has been shifted 60 feet toward the lake
at that stream crossing, and the arch span for that location has been designed with an additional
wing-wall section to act as a retaining wall, as shown in Figure 4-7, to further reduce the impact
to the stream by the side slopes of the road across the fill section. The shift of the street
alignment did not result in any more wetlands impact to the fringe wetlands along the lake shore.
Through the iterative design process of shifting the street alignment, the wetlands impact was
reduced. Also, as an additional result, most of the area taken away from Lot 21, as the street
shifted in that direction was added to the open space lot on the other side of the street.
During the pre-application meeting with USACE and NCDWQ on July 21, 2004, this stream
crossing was discussed. A suggestion was made during the meeting by NCDWQ personnel to
shift the crossing up-slope to the east. During the discussion, it was noted that an alignment shift
in that direction would impact more of the step-pool B-type stream at that location. At the
conclusion of the discussion, it was decided by USACE personnel that the step-pool B-type
stream was a more important resource than the fringe wetlands in the lake, and the USACE staff
® gave the final recommendation to the environmental scientists and engineers representing the
applicant, to utilize the westerly alignment.
The plan view of the Dunleigh Drive stream crossing is shown in Figure 4-8 and the profile view
is shown in Figure 4-9. The plan view of the Faithleg Drive and Townhome Drive stream
crossings is shown in Figure 4-10. The profile view of Faithleg Drive is shown in Figure 4-11,
and the profile view of Townhome Drive is shown in Figure 4-12. The plan view of the
Corporate Park Drive and Private Drive stream crossings is shown in Figure 4-13. The profile
view of Corporate Park Drive is shown in Figure 4-14, and the profile view of the Private Drive
is shown in Figure 4-15.
The fill to wetlands caused by the above-referenced stream crossings encompass a total of
30,829 square feet (0.71 acre) as shown previously in Table 4.1. The majority of this impact is
from the Townhome Drive crossing of the lake, which is 24,961 square feet (0.57 acre) of
wetlands. The wetlands impact at the Dunleigh Drive stream crossing in 2,817 square feet, and
the wetlands impact at the Faith Leg Drive stream crossing is 3,051 square feet.
There is no wetlands impact from the stream crossings in the Seventy West office park. The
concrete arch structures span both the stream and the delineated wetlands either side of the
stream. There are no stream impacts from any of the street crossings, as previously noted the
concrete arch spans are open bottomed.
n
?J
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 4-4
BURLINGTON, NoiiT1I CAROLINA 4749-001
•
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A potential reference reach was evaluated in Orange County, NC. This stream had a forested
watershed of approximately 270 acres. A Rosgen Level II analysis was conducted on a 160-ft
length of this stream. This channel was classified as an E4 channel and would have been a good
reference reach. The three regional curve parameters, bankfull width, area, and depth matched
the North Carolina Rural Piedmont regional curves very closely. However, the restored stream
should be constructed as a B or C type channel since the available belt width for this stream
restoration effort is not conducive to a meandering E type channel design. This is due to the
dependence of the E type channel on vegetated banks for lateral stability because the width to
depth ratio of an E type channel is lower (i.e., a deeper and narrower channel). Also, with the
newly constructed Highway 70 By-Pass and a likely continued increase in imperviousness in the
watershed, restoration to a B or C type channel would be more stable and successful.
The North Carolina Rural and Urban Piedmont Regional Curves were reviewed. The impacted
stream has a watershed of approximately 100 acres. It is approximately 10 percent developed
and likely to continue to be developed. Table 6-1 provides a summary of the Regional Curve
data for both the urban and rural piedmont data. Without yet identifying a reference reach, the
current proposed concept is to design the restored stream channel in accordance with the regional
curves with a slightly over-sized channel. This channel would be larger than the respective rural
curve data indicate, however not as large as indicated by the urban curve data. The smaller
dimension channel will allow storm flows access to the floodplain and minimize bed and bank
sheer stress.
Based on our evaluation, we propose a C type channel. The riffle bankfull width is proposed to
be 10 feet with a mean bankfull depth of 1.1 feet, thus, a cross sectional area of 11 feet. Table 6-
2 provides some of the basic channel design criteria have been applied to this concept. Figures
6-1 through 6-3 show a concept that presents dimension, pattern and profile that is consistent
with a C type channel. Final pattern, dimension, profile and substrate will be validated by
obtaining reference reach data on a C type channel.
6.4 REVEGETATION AND SITE STABILIZATION
Stabilization of the stream and floodplain wetlands will be achieved through the use of erosion
control blankets and establishment of vegetation. Natural fiber erosion control blankets (e.g. jute)
will be installed on both banks the length of the stream. The bottom 12 inches of fabric will be
keyed into the stream bed. The rest of the blanket will secured through the use of metal hooks.
The applicants propose to restore approximately 0.64 acres of wetlands by removing fill along
the restored stream bank. Revegetation of the wetlands will be divided into three discreet
communities: willow stabilization, riverside thicket, and saturated thicket. All disturbed areas in
the restoration area will be seeded with a native seed mix containing 12 species. Tree and species
native to Alamance County and observed on the site will be planted from stock grown within 200
miles of the project site. The following summarizes the planting plan.
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 6-2
BURLINGTON, NORTH CAROLINA 4749-001.

Table 6-1:
Urban and Rebional Curve for a 100-acre Watershed

Curve Bankfull Cross
Section (s q. ft.) Bankfull
Width (ft.) Mean Bankfull
Depth (ft.)
Discharge (cfs)
Urban 18 13 1.3 94
Rural 5.5 6.5 0.9 ??
Proposed 11 10 1 45
C:

C
Table 6-2:
Probable Design Criteria for the Proposed Channel'
Parameter Criteria
Bankfull XSEC Area, Ahkr (s q. ft.) 11
Bankfull Width, Whir (ft.) 10
Bankfull Depth, Dhk, (ft.) 1.1
Bankfull Flow, Qhk-F (cfs) 45
Valle Slope, S,,, (ft/ft) 0.016
Channel Slope, Sa,c (ft/ft) 0.011
Radius of Curvature, R, (ft) 20-35
Belt Width, Wh,, (ft.) 50
Meander Width Ratio, MWR 5
Meander Length, L,,, (ft) 90-110
Sinuosity, K 1.2
Width Flood Prone Area, WF , (ft) 50-90
Entrenchment Ratio, ER 5-9
These values will be verified with a reference reach.

5
LEGEND
n ROCK VANE STEP POOL
o? LOG VANE PROPOSED WETLAND RESTORATION
THALWEG AS-BUILT CONTOURS
SATURAT MONITORING WEL
ED THICKET L
CURRENT AND FORMER
LIMITS OF WETLANDS
3H:1V MINIMUM SLOPE

LIMITS OF RIP RAP
TO BE REMOVED -

?c
EXISTING RIP RAP APRON
TREE LINE

KFU
PROPOSE ROA PROPO ED RIP RAP
7?1_C
NVETLAND SEED n11X FOR SCRUB -SHRUB BENCH TREE AND SHRUB PLANTING SCHEDULE
PROBABLE DESIGN CRITERIA FOR THE PROPOSED CIIANN'EI.1
MIXTURE PERCENT BY MIN. STEM
PLANT NAME COMMON NAME WEIGHT PLANT NAME COMMONNAME STOCKTYPE HEIGHT CENTERSPACING PARAMETER CRITERIA
EL•murrirginicus Virginia Wild Rye 30% Alnusserrulata Tag Alder Barerootor Tubelings(approx.2.25"x4') 12" WO. C. Rows Ahkf(sq.ft.) II
Onoclea sensihilis Sensitive Fem 12% IJetula ni ra
Leersia or) :oides Rice Cutgrass 12", 8 River birch Dareroot or Tubcling s(apprnx.2.25"s4") 12" fi'O,C. Rows ll'bk((B) 10
Cirpus r)perima Woolgrass 8% Carpinus caroliniana Ironwood Bareroot or Tubelings(approx.2.25"x4') 12" WO.C. Rows Dhk((B.) LI
Polygonumafolium Teanhumb 71; Cephalanthus Ruttonbush BarerootorTubelings(approx.2.25"x4') 12" WO.C.Rows Qbkf(cfs) 45
Carencipulina flop Sedge 5°0 occidentalis y Vv (141) 0.016
Sparganiurn americanum Eastern BurReed 5% Cornta amomum Silky Dogwood Barcroot or Tubelings a mx.2.25"x4" Ws (NR) 0.011
Aselepias inrarnnta Swamp Milkweed 5°,: (PP ) 12" 6' O.C. Rows
Carer comara Cosmos Sedge 4°o Frarimcspenncph•nnica Green Ash Barcroot or Tubelings (approx.2.25"x4') 12" 6'O.C. Rows Rr (R) 20-35
Carer crinita Fringed Sedge 4% Linderahen:oin Spicebash Bamrootor Tubelings(approx.2.25"x4") 12" 6'O.C.Rows Whh(R) 50
Junrur eQaus Soft Rush 4% Quercusphe flos Willow oak Bareroot or Tubelings(approx.2.25"x4" MWR 5
/ 6),1 8idenvicernua Nodding Bur-Marigold 4°0 ) 12" 6' O
i Salu nigra Black Willow Live Slake 36" and 2 to 4 per per square yard Lc i (R) 90-110
Sinuosity 1.2
//- Notes: 0.75" dia
I. Welland Seed Mix should be applied at arate of 10 to 12 Ibs per acre. I'arcinium ror}mhamm Highhush Wfpa Of 50.90
Bareroat or Tubelings (approx.2.25" x 4") 12" 6'0.C. Rows
2. Optimal seeding period is from March IOctobcr I, blueberry ER 5-9
THESE VALUES WILL BE VERIi1ED WITH A REFERENCE. RFA(C11
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WIDTH
605
EXISTING
ORIGINAL GRADE RIP-RAP CHANNEL _Z
(TO BE REMOVED)
0+00 0+50
EROSION CONTROL BLANKET---/
3H:1V SLOPE RIFFLE
-L BANK FULL WATER SURFACE
LOW FLOW WATER SURFACE
Nk
ORIGINAL GRADE
0+00
600
1+00 EXISTING FOREST
AREA = 11 FT.2
MAX. DEPTH = 1.7 FT.
MEAN DEPTH = 1.1 FT.
WIDTH FPA = 50-90 FT.
tie
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PERMIT DRAWINGS
NOT FOR CONSTRUCTION
625
EXISTING GRADE
620
20
615
12'
BANK FULL 610
WIDTH
EXISTING ;- 605
RIP-RAP CHANNEL
(TO BE REMOVED) -/
3H:1V SLOPE 0+50
EROSION CONTROL BLANKET
POOL
600
1+00 EXISTING FOREST
AREA = 18 FT. 2
MAX. DEPTH = 2.9 FT.
MEAN DEPTH = 1.5 FT.
0

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SHEET NO.
FIGURE 6.2
NOTES:
LIVE STAKES 1. INSTALL LIVE STAKES ALONG
OUTSIDE OF MEANDER
A BEND AND ALONG BOTH
BANKS OF RIFFLE.
POOL
1 S ?-
RIFFLE
BANKS LEGEND
v BANK FULL
POOL o LOW FLOW
3
%
THALWEG
LIVE ?
STAKES B
PLAN CROSS SECTIONS
THALWEG
> POOL 'RIFFLE RUN
W
J
W I POOL
DISTANCE ALONG CHANNEL
A
PROFILE B
TYPICAL RECONSTRUCTED MEANDER DETAIL
TREE SHRUB PLANTING DETAIL
INSTALL 2 TO 4 LIVE
STAKES PER SQ. YD.
IN A RANDOM PATTERN
EXTEND TO TOP OF BANK
OR AS DIRECTED BY
ENGINEER
EROSION CONTROL
BLANKET
LIVE STAKES
TYPICAL PLAN
BUTT END FLAT CUT
BUDS POINTING UPWARDS
WATER TABLE
PERMIT DRAWINGS
NOT FOR CONSTRUCTION
-y ---
ROOTING END ANGLE CUT -
z
w
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NOTES: W
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1. LIVE STAKES SHOULD Z
co
ENOUGH TO REACH BELOW 0 V
THE GROUND WATER TABLE
'
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TYPICALLY 2
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2. AFTER INSTALLATION, CLEANLY
0co; o
CUT EXPOSED STAKE TO tj cc W W W
APPROXIMATELY 3' IN LENGTH. 0
N a OC
?Z
CUT AT SLIGHT ANGLE.
SHEET NO.
FIGURE 6.3
DORMANT LIVE STAKE DETAIL
Willow Stabilization
The willow stabilization community is intermittent along the stream bank and varies form 2-4
feet wide. Live black willow stakes will be installed along outside meander bends and along
both banks of riffles to aid in channel stabilization. Two to four willow stakes per square yard
will be installed in a random pattern through the erosion control blanket. After installation
willow stakes will be clipped to a height of 6-8 inches to induce thick growth and minimize
hydrologic drag across the floodplain during high water.
Riverside Thicket
The riverside thicket will be a palustrine scrub-shrub/forested, temporarily to seasonally flooded,
deciduous community extending across the belt width of the restoration area. The riverside
thicket is the dominant community within the stream's floodplain. Tag alder, river birch (Betula
nigra), ironwood (Carpinus caroliniana), silky dogwood (Cornus amomum), green ash
(Fraxinus pennsylvanica), spicebush (Lindera benzoin), and willow oak will be planted to
revegetate and stabilize the riverside thicket.
Saturated Thicket
The saturated thicket will be a palustrine scrub-shrub, semipermanently flooded, deciduous
community constructed as depressional backwater inclusions within the riverside thicket. A total
of three saturated thickets will be constructed. Buttonbush (Cephalanthus occidentalis) will be
planted within the saturated thicket.
6.5 MITIGATION MONITORING
Stream and wetland monitoring will be conducted for three consecutive years following
construction. All tasks will be performed once annually during the specified monitoring year,
unless stated otherwise. The annual monitoring will be conducted between July 1 and September
30. The following tasks will be conducted on the site.
Stream
Level 1 stream monitoring will be conducted according to Wilmington District Corps and
NCDWQ guidance. Components of the Level 1 stream monitoring include:
1. Photographs showing an upstream and downstream view of the stream taken from
fixed stations. The photos will be taken from a height of approximately five to six
feet. Permanent markers will be affixed at the photo site showing the direction the
photo is taken. The photos and a map of their locations will be included in the
monitoring reports.
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 6-3
BURLINGTON, NORTH CAROLINA 4749-001
2. Plant survival will be monitored. Additional information on vegetative monitoring is
provided below in Wetlands.
Wetlands
3. Channel stability will be determined by annually monitoring changes in permanent
cross-sections of selected riffle and pools, longitudinal profile and bed material.
Wetland success will be monitored through the following activities.
2.
1. Photographs showing a view of the wetland area taken from the fixed stations. The
photos will be taken from a height of approximately five to six feet. Permanent
markers will be affixed at the photo site showing the direction the photo is taken. The
photos and a map of their locations will be included in the monitoring reports.
Two shallow ground water wells will be installed to a depth of approximately 24
inches and monitored. The wells will be installed following final grading and
The locations for Drowsed monitoring wells are shown on Figure 6-1.

6.6 ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
The remaining unavoidable impacts to wetlands will require mitigation. There is no space on the
site to perform the mitigation. The applicant proposes to use the North Carolina's Ecosystem
Enhancement Program (EEP) for the remaining mitigation. Appendix D contains the letter of
request for use of the program and response letter from the EEP stating a willingness to accept
payment for stream and wetland impacts associated with the project
After restoration of 0.64 acre of wetlands along the impacted stream, the project proposes to
utilize the EEP for the remainder of the mitigation. The letter from EEP in Appendix D indicates
that they have reserved 3.8 acres of program wetlands for mitigation.
The applicants propose to utilize the EEP wetlands reserved for mitigation based on the
following ratios: 1) 1.52 acres of impacted scrub-shrub wetlands at a ratio of 1.5 to 1 4 2.28
acres mitigation, 2) 0.36 acres of forested wetlands at a ratio of 2:0 to 1 4 0.72 acres mitigation,
and 3) 0.29 acres of emergent wetlands at a ratio of 1.0 to 1.0 4 0.29 acres mitigation. These
ratios result in total of 3.29 acres required for mitigation (2.28+0.72+0.29=3.29).

?J
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 6-5
BURLINGTON, NORTH CAROLINA 4749-001

This project has incorporated a number of designs that achieve avoidance and minimization of
wetlands and waters impacts. They are summarized below:
1. An outlet structure located in the southeast corner of the dam has been retained in the
design of the new dam structure in order to maintain base flow in the stream complex
below the base of the existing dam. This was not the location of the original channel;
however, the channel was constructed when the dam was originally built and will be
retained.
2. The roadway and sewer crossings have been incorporated into a single crossing to reduce
impacts to the extent practicable.
3. The street on Duleigh was realigned as suggested by USACE to further minimize the
impact on the stream
4. All stream crossings will be constructed using arch culverts which span the stream
bottom rather than box culverts which cover up the stream bottom.
5. The fringe wetlands in the Waterford Town Home project will be preserved and protected
with restrictive covenants.
6. The impacted stream behind lots 1-5 of the Waterford Residential project will be
restored.
® 7. The road crossing over the dam was selected over other possible alignments because it
minimized impacts to the downstream channel and wetland complex below the base of
the existing dam, as well as to the lake and other wetland areas.
8. The alignment for the road crossing the upper end of lake to the Waterford Town Home
project not only meets local jurisdictional requirements for street connectivity, but also
provides a necessary corridor for sewer service extension, and minimizes the impact to
wetlands and the lake over alternate alignments to access that portion of the property.
The impacted stream will be restored and improved from its previous conditions, which, based
on the limited information was deeply incised and not stable. Its condition was sure to worsen
with the continued development pressure in the watershed.
Over half of the forested wetlands that were impacted in the inadvertent filled stream valley will be
restored. The project is currently approved through the North Carolina's Ecosystem Enhancement
Program (EEP) to provide mitigation for 3.8 acres of impacts.
The applicants propose to utilize the EEP wetlands reserved for mitigation based on the
following ratios: 1) 1.52 acres of impacted scrub-shrub wetlands at a ratio of 1.5 to 1 4 2.28
acres mitigation, 2) 0.36 acres of forested wetlands at a ratio of 2:0 to 1 4 0.72 acres mitigation,
and 3) 0.29 acres of emergent wetlands at a ratio of 1.0 to 1.0 4 0.29 acres mitigation. These
ratios result in total of 3.29 acres required for mitigation (2.28+0.72+0.29=3.29).
E
WATERFORD/SEVENTY WEST PROJECT INDIVIDUAL PERMIT APPLICATION Page 7-1
BURLINGTON, NORTH CAROLINA 4749-001
•
D
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-a
CD
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x
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•
4749-001
Site Photos
•
F r orn : SCHIIABEL ENGINEERING 11" ITH 336 274 M5 05/ 10/?/nn-' 13:06 9659 P.003/004
vnivoicuuo n=v uo;ur rt" sO
T I 'I 'z _ ?'q
WOE R
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PA, P.E. Land Quality Section t4idtael F. Easley, GOVOmer
Director and State Ggrilo©ist 1Mlliam G. Ross Jr., SIcnlary
7uly 28, 2003
:Vlc,Bwen Lake, LLC
3815 Friendship Pattersorn Mill Road
BurlinRtva. North Carolina 27215
ATTN.. Mr. Larry MoCauloy
RE: Approval to Breach
Lake I&Bwca Dam
Alamanco Cuuuly
ALAMA-o32
Cape Fear Rivcr Burin
Dear 3&. McCauley:
This is in rocponso to your aubmiesion r==ived on July 11 of plans, specificaxions and design
data for tho breach of tho subject dam in Alamuu= County on a tributary of Back C4adk in
compliance with the Dam Safety Law of 1967. These plane, specifications and design data worn
prepmrd udder tho supcMaton ofW. H. Tillman Marshall, PE, with 5uhnubcl Eugi =iag.
This lottor constitutcs approval of your proposal to broach tho subject data according to the plans
and specifications submitted to this Division on July 11, 2003 with the ,lblkwing atipuladone;
1. Project construction shall be supcni,cd by W. H. Tillman Man-hell, PE.
2. During construction tho Division of Land'r%c5ourccs muy rcquiro such progrem rsports ra
arc dccmcd noressery.
3. Upon completion of tho project, Mr. H. Tillman Marshall, PE shall inspect the completed
worts and upon, fmdin: (a) that the -;mrk has bean dove ns Espeebled and (b) that tha
breach hay been sufficiently stabilized to restrain accelerated ero siou, shall file with the
Division of Lsad R,.souirtes two sets of "as,built" drawings and 9 rertj$cate stating that
tEa work has bona completed in accord=co with tho oppro%rvd plane and other
requirements.
1612 Mail Service Center, Ralalgh, North Carollna 27099-1512 - 919-733.4574 /FAX [phone]
014 NDrM Sab bury Suet, Rnlygn, NOM Carolina, Z75A
An Equ:J Oppo(ttmlly \ A&Tt &v k&n Employer - 50 m Rarydod 110% Post ^v: nsumer Paper
Received 08-06-2004 ]2:23pm From-336 274 0436 To-NEWPORT NEWS PQZ3 032
C.7
From:SCHNABEL ENGINEERING "UTH 335 274 9486
ubr vi /ACV UJ nnL va:ul r AA Nir_ Ldsry N2cCtulcy
July 28, 2003
Pigs 2 cif 2
05/1C X04 13:07 4869 P.004/004
w,vva
4. You must notify Mr. Matthew E. Gantt, PE, Regional Eagincer, Land Quality Scction,
595 Waughtowa Screen Winatcn-Salem, North Carolina 27107, tel cphone number (336)
771-4600 tca days before the start of constru=tion.
Sincrzrly,
R, r
MZKWCU R. Fowler, PE
Suite Dam Safety Enginccr

MRF/ASHI
cc: Mr_ Matthew R Gantt, PA
Mr. H. Tmmaa Marshall, PE
Mr. Michael M. Hughw, PE
DWQ Regional Sup©nisor
0
Received 08-06-2004 02:23pm From-336 274 0436
To-NEWPORT NEVIS Page 001
•
0
Notification Letter to Agencies Regarding
Stream Impact
0
D
(D
a
x
n
4749-001
IRNI
May 20, 2004
Ms. Andrea Wade
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Waterford Residential Subdivision
Burlington, North Carolina
Dear Ms. Wade:
MALCOLM PIRNIE, INC.
INDEPENDENT ENVIRONMENTAL ENGINEERS. SCIENTISTS & CONSULTANTS
We represent WMW Development, LLC for the environmental permitting of the above-referenced
project. The purpose of this correspondence is to notify you that approximately one acre of scrub-
shrub non-tidal wetlands was unintentionally filled at this site. There was also a realignment of
approximately 500 linear feet of stream channel which was rip-rapped. We are not certain if the
channel would be considered an intermittent or a perennial stream as we have not yet conducted a
stream assessment.
On May 11, 2004 we submitted a request to your office to conduct a pre-application meeting for the
residential project proposed at this location. We are anxious to initiate the permitting process for this
project and to resolve any potential violations that may have occurred with the above fill activity.
Please find enclosed a site map showing the area where the filling occurred. Please call me at
[phone] or Mark McElroy at [phone] if you have any questions.
Very truly yours,
M fALCOLM PIRN?IEE INC.
Bruce W. Schwenneker
Vice President
Id
4749-001
c: Michael Hughes, P.E.
Daryl Lamb, NCDENR
W. Bruce Aitkenhead, Malcolm Pirnie, Inc.
Enclosure

701 TOWN CENTER DRIVE SUITE 600 NEWPORT NEWS. VA 23606-4296 757-873-8700 fax [phone] http:11www pirme Coal

? A •
AREA OF RECENT FILLING
9 APPROXIMATE LOCATION
tin
o ROB OF WETLANDS
PROPOSED. k ?? .
ROPOSED
'OREBAY WSE 603
\ PROPOSED WSE 599.5-60I -? T - ¢
f
\? ti Ili DAM TO BE REPAIRED
71
0 500 1000
SCALE IN FEET_
WATERFORD RESIDENTIAL SUBDIVISION MALCOLM PIRNIE, INC.
MW DEVELOPMENT, LLC PRELIMINARY CONCEPT MAY 2004
Imo BURLINGTON, NORTH CAROLINA
SCALE: AS NOTED FIGURE 1
E
CJ
EEP Confirmation Letter { ®_
6

D
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t2.
x
v
4749.001
MML michael m. hughes, p.e., inc.
Civil Engineers, Surveyors, and Land Planners n,n, t,.mmmhpexom
July 30, 2004
Ms. Deborah Anderson
In-Lieu Fee Administrator
N. C. Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Confinnation of use of the EEP mitigation prograrn
Waterford Subdivision, Alarnance County, NC
Dear Ms. Anderson:
I am submitting this letter as confinnation of your verbal approval to Mark McElroy from Malcolm Pirnie
for use of the EEP for mitigation of approximately 570 linear feet of stream in the above-referenced
project site. Although Mark and you did not discuss wetlands mitigation, we would like to request use of
EEP for mitigation of approximately 1.9 acres of non-tidal riparian wetland impacts comprised of 0.8 acre
of scrub-shrub, 1.0 acre of forested, and 0.1 acre of emergent. We propose ratios of 2:1 for forested, 1.5:1
for scrub-shrub, and 1:1 for emergent mitigation. Pending the Corps and DWQ approval, we would like
to request 3.3 acres of mitigation through your program.
The site is located just west of Burlington and south of Route 70/Church Street in eastern Alamance
County. The site is located in the Cape Fear Rive Basin (CU No. 03030002). Figure 1 shows the
location of the project site.
If you have any questions or require further information about the project, please feel free contact me or
Mark McElroy. Mark's direct phone number at his office in Newport New, Virginia is 757-873-4418.
Very truly yours,
MICHAEL M. HUGHES, P.E., INC.
Michael M. Hughes, P.E.
2823 South Church Street Burlington, NC 27215 [phone]
09/03/2001 FRI 10:15 FAT
El,-,

J lVl l l ;
?At
PROGRAM
Revised Aug.ist 24, 2004
Michael M. Hughes, PE
Michael M. Hughes, PE, Inc.
2823 South Church Street
Burlington, NC 27215
Subject: Project: Waterford Subdivision
County: Alamance
0002
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and wetlands impacts associated with the subject project. Fease note that the decision by the
NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the
U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
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.
Based on the information supplied by you in a letter dated July 30, 2004, the stream ar.d riparian wetlands restoration that
is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table.
The maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet Wetlands Riparian
(acres) Wetlands Non-
Riparian (acres) Riparian Buffer
(s g. ft.
Impact 570 1.9
Mitigation Max 1140 3.8
The stream and riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 113030002 of the Cape Fear River
Basin. 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 al. [phone].
Sincerely,
Deborah D. Anderson,
In-Lieu-Fee Adtninirtrator
c: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Darryl Lamb, DWQ Regional Office-Winston-Salem
File
RP.StDYGK?... ... Prot"' Our stag NCDENR
North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27695-1619 / 919-733.5208 / www.nceep.net
t

Micha??'D"epf Uqh sjirPEt? IntC'& Natural Res.
Item to be Paid - Description
Other Direct Costs
p M(1?- OWP= p
?-^ ^I b 4 2005
Check Number:
Check Date:
Dup_
Check Amount:
Discount Taken
5325
Jan 13, 2005
_icate
$475.00
Amount Paid
475.00
5325
DENR - VVAfER QUALITY
WETLANDS AND STORMWATER BRANCH