19960359 Ver 1_COMPLETE FILE_19960415

I
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
A4
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
May 3, 1996
Wake County
DEM Project # 960359
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John McConnell
Green Hope Partnership
2515 Fairview Road
Suite 4
Raleigh, NC 27608
Dear Mr. McConnell:
You have our approval to place fill material in 0.42 acres of wetlands or waters for the purpose of
constructing an apartment complex (Brook Arbor) NC 1515 and NC 55, as you described in your
application dated 15 April 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 3022, 2732 and 2671. These certifications
allow you to use Nationwide Permit Numbers 12, 14 and 26 when they are issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. Deed
restrictions shall be placed on the remaining wetlands to prevent future fill. In addition, you should get
any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
?;; k
ston Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Jamie Shem; Soil and Environmental Consultants
960359.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper
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r.
? Boil & Environmental
Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
April 15, 1995
NCDEH&NR - DEM US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Mr. Brandon DeRosa
4401 Reedy Creek Road 6512 Falls of the Neuse Rd, Suite 105,
Raleigh, NC 27607 Raleigh, NC 27615-6846
Dear Mr. DeRosa and Mr. Dorney:
The purpose of this letter and application package is to request Nationwide rmixs. 12, 14 and 26
and Section 401 Water Quality Certification for the project known as Brook bor. Thus-project,
owned by Green Hope Partnership, is located near Cary, NC (Wake County). The site is shown on
the attached plans and USGS Topo Quad vicinity map.
A Nationwide Permit 26 will be necessary to impact 0.414 acres (see map) of jurisdictional
wetlands above headwaters for the development of a residential apartment complex. An additional
0.005 acres of impacts for a road crossing is requested under Nationwide Permit 14. Impact areas
are shown on the attached site development plan and impact map.
Wetland impacts are to open water associated with the ponds and to channels associated with
drainage ways. Minor impacts are to headwaters forests.
Please call if you have questions or if you intend to perform a site visit.
Sincerely,
Jamie Shern,
Wetland Scientist
cc: (with enclosures) US Fish and Wildlife Service
NC Division of Cultural Resources
National Marine Fisheries Service
h,
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
•
DEM ID: 95153 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 12, 14, AND 26

JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
PO Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: GREEN HOPE PARTNERSHIP ATTN: JOHN D. McCONNELL
2. Owners Address: 2515 FAIRVIEW ROAD, SUITE 4, RALEIGH, NC 27608
3. Owners Phone Number (Home):
(Work): 919-781-4212
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: WAKE COUNTY, NC
Nearest Town or City: CARY, NC
Specific Location (Include road numbers, landmarks, etc.): WEST OF NC HWY 55 AND APPROX. 1
MILE NORTH OF NCSR 1515 AS PER ATTACHED CARY, NC, USGS TOPO QUAD, AND PLANS
6. Name of Closest Stream/River: UNNAMED TRIBUTARY OF BACHELOR BRANCH
7. River Basin: CAPE FEAR RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, explain.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
UNKNOWN
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
TOTAL IMPACTS FOR PROJECT
PERMIT NW12 NW14 NW26
Filled: 0100 AC 0.005 AC 0.414 AC
Excavated: 0.001 AC 0.(xl0 AC 0.000 AC
Total Impacted: 0.001 AC 0.005 AC 0.414 AC
, 06 ?
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
PROPOSED INFRASTRUCTURE FOR A RESIDENTIAL APARTMENT COMPLEX.
13. Purpose of proposed work:
CONSTRUCTION OF ROADWAYS, UTILITIES, AND FILL IMPACTS
14. State reasons why the applicant believes that this activity must be carried out in wetlands. -Also,
note measures taken to minimize wetland impacts.
ROADWAY IS PERPENDICULAR TO THE WETLAND ALIGNMENT AND IMPACTS TO
VEGETATED WETLAND ARE AVOIDED.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES (X) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? FORESTED AND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
Agent's Signature Date
Nnt?ln•11.., ,. I -,,, ? (u
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BOUNDARY OF
PERTY
SUBJECT PRO
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343
SCALE 1:24000 1 MILE
1 0
1 2 4000 5000 6000 7000 FEET
1000 0 1000 2000 3000 1 KILOMETER
5 0
1
CONTOUR INTERVAL 10 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
*
N
SAN CARP, C
IGN
? i SFJa DURHAM SOUTH IS' OU
I i FIGURE 2. TOPOGRAPIIIC FMTURES OF 35078-G7-TF-02,
7.
124-M'iSI 21.17' SUBJECT PROPERTY 1973
MILS
PHOTOREVISED
III
I` DMA 5255 IV SE-SERI
1
tI11A 1-,RID AND 1997 MAGNETI'' NORTH
.1. r•]'liv+ hl C1 N'Fu ()1 `,HFF l
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: /A ??c County
A/?i,-C
Notification of Jurisdictional Determination
Property owner/Authorized Agent 6'hf? p,d
Address /,^C.( ?? ? / ?c C'?, ????'
Xl? tle
r-
Telephone Number
Size and Location of Proper ty(waterbody, Highway name/number, town, etc.)
?-4. t?j /'L 7f(-F ?( I?( I C?(; ? J ClT «i ? 4r)/C?c???
?jq lJ / ?p / y?
?/? /?%,S,_?i,,-???Iitih ?S /1?t?7/?'?`t'1?? ?n (;//"?r?c;V'.t_`1? ??iC")?'?a2/'?, f.'?J?/f_",V/C?rG???`? ???°_?''?i.:o?piS
Indicate Which of the following apply:
6lDOE?I here are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
• Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a
more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property,
Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for
final approval by the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
?(d c?•i The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from the date of this notification.
• There are no wetlands present on the above described property which arc subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed three years
from the date of this notification.
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
'/F at ?i C?iv?i??l C .(1S /C? Z5 L? D ?` I ( ?6
Property owner/Authorized Agent Si gnature
Project Manager Signature
Date / -

Expiration Date

SURVEY PLAT OR FIELD SKETCH ON DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CH-SAW Fmm 94,
1 O(T U?
II)?04i1'J75 10 SY IkOM H&M U1VLk,lt ILL) INU INC. 10 0469467
TO BE COMPLETED BY CURRENT PROPERTY OWNER
- NO FXCEPTIONS -
Name: Green HQ De Partnership, Attn: John D.
Addresa: 2515 Fairview Road, Suite G
Address: Raleigh, North Carolina 27608
per; [phone]
Frojec-t Name/Lkocription; 30-Acre Apartment Site - Highway
Nort o High ouse Road in Cary,
Dube: october 3, 1995 North Carolinas
The Department of the Army
US. Army Corps of Ert&bn ers
Wilmington T7istrx+ct
PO Box 18W
Wihningban, NC 28402
Attn: 1A
Field Office. e-t
Ita: Weilaztds Related Cons dung and Permitting
To Whom it may Ccm vm
McCon?1e71 , ,;
G®neral
55
I, the ct=ent qty owxtex-, hereby des;8 to and authorize Soil wnd 1 erm%ental
Consultants, Inc. tD act is my behalf as my agent at the processing of permit
applimAttions, m fuuoish upon "nest suppkmentatl inimmettion in support of
applications, etc, from this day torwazd. This the day of ,
This notification supemdes any previous correspondence conceniing the agent for this
project
Gresn Hope Partnership, a
North Carolina General Partnership
FrolMa Ch rlem Name:
cc: Mr. John Vorney
N.C. Department of M4 & NR
Dtvisivn of Fate. Mgt
Water Quality PlanzAing
4401 Reedy Creek Road
Raleigh, NC 27607
- CL440
ow,ms s.e:
Mr. Kevin C. Martin
S-;A and ma<ental Consultants, Inc.

cw__ka9
1,041
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 OE Wetlands elivpeaH n Manual)
Project/Site:_ ?? ©/?`O»S Date:__?__?_5_ -
Applicant/Owi er: A Coun
Investi ator: State: ?1C ___--
17 P) '2
Do Normal Circumstances exist on tl
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
?e site? Yes No Community ID:
Yes Transect ID:
Yes Plot ID: _--
VEGETATION
Dominant Plant Secies Stratum Indicator
1? e, .?t•, , ?v C I)
2. h??6
"it
t
3. q?II/?i`w?? kii ?r ??U(?,ls 0 G
4. P / (a _ ?4? /f

7.
8.
Dominant Plant Species
9._ -----
10.
11.
12.
1
c'1- f- T"Ai-f-nr
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). 4Z)
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
OF
Depth?6 Surface Water: _0 -(in.)
Depth to Free Water in Pit- _4_ _(in.)
Depth to Saturated Soil:
(in.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
--Water Marks
,____Drift Lines
__- Sediment Deposits
Drainage Patterns in Wetlands
Seconds Indicators (2 or more required):
Oxidized Root Charinels in
upper 12 inches
_ Water-Stained Leaves
--Local Soil Survey Data
_FAC-Neutral Test
_ _---Other (Explain in Remarks)

SOILS
Map Unit Name
f_ jy
_ -.-Drainage Class:
(Series and Phase):______ _-
W
Field Observations
Taxonomy(Subgroup):_ --Confirm Mapped Type? Yes®
Profile Descri tion:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
uj m Horizon Munse M ist (Munsell Moist) Abundance/Contra_st Structure etc.
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
DQ Aquic Moisture Regime P<l Listed on Local Hydric Soils List
__?-_ -Reducing Conditions Listed on National Hydric Soils List
__)?._Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? If Y-69 No (C' cle)
Hydric Soils Present? e No es No
Remarks:
I -r
4w
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 COE Wedan s Delin atio Manual),
Project/Site: eL6"yJ"7` - vat e4- L - S Date:
Applicant/Owner: 2, 1 ? --County: ??v°
Investigator: State:-may cf
Do Normal Circumstances exist on d
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
to site? ? No Community ID:
Ye Transect ID:_
Ye lf? Plot ID:
VEGETATION
Dominant t S ecies Stratum Indicator
1 &4t5 a - Cep -
2. of fi i ?rf?P?.
3. -
4. c?c4A ?' i ua h
6. tp q ?)Ua4 0#4friC4ntAS f
7.
8.
Dominant Plant Species
9. --
10.--- ---- --- -
11.
1
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).

Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
--Aerial Photographs
/ --Other
No Recorded Data Available
Field Observations:
Depth 126 Surface Water: _(in.)
Depth to Free Water in Pit _ v
Depth to Saturated Soil:
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
_--__Iilundated
_ -Saturated in Upper 12 inches
_ ----Water Marks
--Drift Lines
_ Sediment Deposits
--Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
_FAC-Neutral Test
- Other (Explain in Remarks)
f a
SOILS
Map Unit Name
(Series and Phase):_-__ _-Drainage Class:___
? ? I 1 Field Observations ?
Taxonomy(Subgroup):_ ? r rL L _ dT-?_ Confine Mapped 'type? Yes?/No)
Profile Descrjption:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
?llLS. HO On Mansell oist (Munsell Moist Abundance/Contrast S ructure etc
l L F;t
-- _ --->2
c
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
-Other (Explain in Remarks)
Wetland Determination
Hydrophytic Vegetation Present? & No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes ISP (Circl?
Hydric Soils Present? Yes S) Yes '
Remarks: