20040662 Ver 1_COMPLETE FILE_20040423

r
0? AT?RQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~i
Alan W. Klimek, P.E. Director
Division of Water Quality
November 1, 2004
DWQ Project # 04-0662
Wake County
Page 1 of 3
Sunset Forest, LLC
PO Box 728
Holly Springs, NC 27540
Subject Property: Phase 5B, Sunset Ridge North, Holly Springs Rd., Holly Springs, NC
UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW]
Approval of 401 Water Quality Certification with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached gonditions and those listed below, to
place fill within or otherwise impact 0.004 acres of wetlands and 20 feet of streams for the
purpose of installing a sewer system at the subject property as described within your application
dated September 2, 2004 and received by the N.C. Division`,of Water Quality (DWQ) on
September 3, 2004. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non-discharge, and Neuse Buffer Rule regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
No°e Carolina
401 Oversight/Express Review Unit tUralll,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 .
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 2604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
Sunset Forest, LLC
Page 2 of 3
November 1, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 20 (feet) Sewer (No Buffer Impacts)
404 Wetlands 0.004 (acres) Sewer
2. Erosion & Sediment Control Practices - 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. ?\
3. No Waste, Spoil, Solids, or Fill of Any Kind - No waste,, spoil, solids, or fill of any kind shall
occur in wetlands, waters, or riparian areas beyond the f6otprint of the impacts depicted in the
Pre-Construction Notification. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and erosion
control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the
date that the Division of Land Resources has released the project.
5. Certificate of Completion - Upon completion of all work approved within the 401 Water
Quality Certification or applicable Buffer Rules, and any subsequent modifications, the
applicant is required to return the attached certificate of completion to the 401/Wetlands-
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. General Certification No. 3374 - The construction of the sewer system must comply with
Conditions 4, 5, 7 -18, and 22 of General Water Quality Certification No. 3374 (see
attached).
7. Sewer Systems - The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other
State, Federal and local sewer system regulations.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
Sunset Forest, LLC
Page 3 of 3
November 1, 2004
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700.
AWKICBK/bz
Enclosures: GC 3402
GC 3374
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: Chris Allen, Allen Engineering, Inc., 4416 Dewees Court, Raleigh, NC 27612
Heather Keefer, Town of Holly Springs, PO Box 8, Holly Springs, NC 27540
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 040662
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Michael Horan
WO Supervisor: Ken Schlister
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Sunset Ridge Phase 5B
Project Number 04 0662
Recvd From APP
Received Date 4/23/04 Recvd By Region
Project Type residential S/D (see also 040242)
County Wake
County2
Region Raleigh
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 Stream O YO N 27-43-15-(? Nsw 30,403. ?- 2(11,00
7_1 1-17 liuffcrs'' O Y O ? F_ F__ F___ F-7,403.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 353944 Longitude (ddmmss) 784910
Comments:
Not sure why this was sent to me? Looks like they would not need to mitigate for this area. Sanitary
seweri npacts are to temporary, (Michael Horan 9/22/04)
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 9T ) 0 4
Project Name: -risc C4.d 4L NOA
DWQ#: a 4 o 6 6 2
County: V/ a 1W
To: ? ARO
? FRO
? MRO
® RRO
Kevin B arnett
Ken Averitte
Alan Johnson
Mike Horan
? WaRO Tom Steffens
? WiRO Noelle Lutheran
?' WSRO Daryl Lamb
Telephone : (919)
From: ..1-? i wb
The file attached is being forwarded to ?Pur for your evaluation.
Please call if you need as*tance.
Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
R1 Cumulative impact concern
Comments:
Alen E ngineering
4416 Dewees Court Raleigh, NC 27612
Phone [phone] Fax [phone]
LETTER OF TRANSMITTAL
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JOB NO. - DATE:
RE:
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TO: 'ip?? ??- - D? -
ATTENTION: ?) pv?
We are sending you: F? Attached
VIA: Overnight
The following items: Shop Drawings
Specifications
under separate cover
Regular Mail Pick-tip
e Prints
Copy of Letter
R Plans
Change Order
Q Hand Delivered
R Samples
Reports
T :For SE ARE TRANSMITTED as checked below:
Approval As requested R Approved as submitted 11 Returned for corrections
or your use For review and comment Approved as noted ?_. _.._.
Um.arks:
COPY TO: SIGNED: Chris Allen _ _ _.
AHen Engineering
14416 Dewees Court Raleigh NC 27612 0q066
Civil Engineering and Consulting Services
September 2, 2004
NCDENR-DWQ US Army Corps of Engineers
Attn: John Dorney Attn: Ms. Andrea Wade
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd. Suite 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 391401 Water Quality Certification WETLANDS/ 401 GROUP
Sunset Ridge North Phase 513
Holly Springs, NC SEP 0 3 2004 49~ Dear Mr. Dorney and Ms. Wade: WATER QUALITy SECTION
On behalf of Sunset Forest, LLC (property owners), we hereby request
authorization from the US Army Corp of Engineers to use Nationwide Permit
number 39 to cover temporary impacts to perennial stream channel and one
wetland area. We also request written concurrence from the NC Division of
Water Quality (DWQ) that the project complies with the 401 Water Quality
Certifications associated with the Nationwide Permit 39 and the Neuse River
Buffer rules. A pre-construction Notification Application is attached.
Sunset Ridge North is a residential subdivision that consists of four existing
phases (1-4) and a one sub phase 5A with Phase 5C most recently approved
and under construction. All of the work to date for this project in was done by
S&EC. Most of the following information is correspondence that was made with
them but which we have restated here to clearly show the history of the project.
Based on a meeting with MS. Amanda Jones and S&EC, Sunset Ridge North
Phase 1-4 and Phase 5 will be considered a single, complete project for
cumulative impact purposes. Phase 5 will be deigned and built in three sub
phases of which phase 5C was most recently approved. Sunset Ridge North
Phase 5B is located on the North side of Holly Springs road (SR 1152),
approximately 1/3 mile East of it's intersection with Bass Lake Road. The site
can be accessed from Linksland Drive which is the main entrance to Sunset
Ridge North. The entire area for Phase 5 is 96 acres. Please find the attached
USGS topographic map for the location of the project.
The proposed project consists of a residential subdivision. S&EC conducted a
detailed wetland delineation in September 2000 and Ms. Jones issued a
Jurisdictional Determination on August 6, 2002 (AID #200221313). Ms. Deborah
Edwards conducted a site visit on February 1, 2002 and confirmed that features
E and G are subject to the Buffers at the locations depicted on the overall site
plans and that feature B is not subject to the buffer rules. The recent history of
permits and jurisdictional determinations can be found in the attached PCN.
The applicant proposes to temporarily impact an unnamed tributary to Middle
Creek, classified as an intermittent stream, with a sanitary sewer crossing. This
crossing will impact 20 feet of intermittent stream which averages 2 feet wide.
The applicant also proposes to permanently impact 169 square feet of wetland
with the same sanitary sewer line where the new line ties to the existing sewer
line. The collector Street "C" will be stopped short to avoid impacting the entire
linear wetland as originally proposed.
If any additional information is needed with regard to the application or design,
please contact Chris Allen at 919-881-0724.
Sincerely, \??\\\A 1 ? A,90 /
sneering, Inc. \\\
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Office Use Only: ?orm Version May 2002
USACE Action ID No. DWQ No. ? ??6?0 Z
(!f any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requeste 39
3. If this notification is solely a courtesy copy because written approva for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Sunset Forest, LLC
Mailing Address: PO Box 728
Holly Springs, NC 27540
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Chris Allen
Company Affiliation: Allen Engineering, Inc.
Mailing Address: 4416 Dewees Court
Raleigh, NC 27612
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: calleneng_knc.rr.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge North
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/.
3. Property Identification Number (Tax PIN): Portion of 0659.01-26-9625 & 0659.01-46-1818
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): Sunset Ridge North Phase 513
Directions to site (include road numbers, landmarks, etc.): Phase 5B is located on the North
side of Holly Springs Road SR 1152) approximately 1 /3 mile East of the intersection with
Bass Lake Road. The site can be accessed from Linksland Drive
5. Site coordinates, if available (UTM or Lat/Long): 035°39'44.36"N 078°49'9.90"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 96 ac (entire Sunset Ridge Phase 5)
7. Nearest body of water (stream/river/sound/ocean/lake):Unnamed tributary to Middle Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phase 5B is currently undeveloped, forested land. Phase 1-4
and Phase 5A are existing and Phase 5C is under construction.. Land use types in the area
consist of residential, agricultural and undeveloped forested land.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of construction of a residential neighborhood and associated utilities to serve
the lots. Conventional heavy equipment consistent with this type of development will be
used.
11. Explain the purpose of the proposed work: The purpose of this work and proposed impacts
are to provide a sewer connection required to serve the new houses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A jurisdictional determination was issued for Sunset Ridge North Phase 5, by Ms. Amanda
Jones, of the USACE, on August 6, 2002 (AID 200221313). Past jurisdictional determinations
for the previous phases of Sunset Ridge North were issued by Mr. Eric Alsmever (AID 19960,
8/22/96) and Todd Tu well AID 199820980). Past permits issued for Sunset Ridge include
NWP 26 AID 199700252- 0.15 acre of wetland impact), NWP 12 (AID 199820980- 0.013acre
temporary impact), NWP 14 (AID 199821347- 0.017 acre and 148 linear feet of perennial stream
channel impact), and NWP 26 (AID 199821348- 0.075 acre wetland impact). Past 401 Water
Quality Certifications associated with these permits are referenced as DWQ # 961175. After the
USACE issued the NWP 14 (AID 199821347), the applicant revised the proposed impact to 142
linear feet perennial stream channel and 0.016 acre of impact. Based on correspondence from
Mr. Todd Tugwell, of the USACE, the applicant was not required to submit a revised PCN for
this reduction in impacts. On (3/6/2003) NWP 39 (AID 200320410) 0.157 acre wetland impact
and 144 linear feet of stream channel), NWP 12 for temporary utility pact to perennial stream.
Most recently (4/2/2004), NWP 12 (AID 200420729) for temporary utility impact to perennial
stream and 401 Water Quality Certifications associated with these permits are referenced as
DWQ # 040242. Based on this determination, the total cumulative, permanent impact for the
project known as Sunset Ridge North are 0.368 ac and 286 linear feet of stream channel. All of
the work to date has been submitted by S&EC and Ms. Deborah Edwards confirmed S&EC's
Neuse Buffer Evaluation of the project area on February 1, 2002 (see attached letter, dated
2/19/02)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Future development is anticipated for the remainder of Sunset Ridge North. However plans for
this area have not been finalized at this time.
Page 7 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed temporary impact to
20 feet of intermittent stream channel resulting from construction of a sanitary sewer line.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Im act
acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
#2 Permanent 0.00386 Yes 141 Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts d e to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Managem t Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through th FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci
I sewer crossing 20 UT of Middle Creek _
2 intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
List the total acreage (estimated) of all existing wetlands on
Total area of wetland impact proposed: 0.0

0-D01
3. Individually list all intermittent and perennial stream impacts below: tl?t?
6P
marsh, forested wetland, beaver pond,
by USACE only).
property: 2.209 ac.
Page 8 of 13
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wAw.topozone.com,
www.mgpguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 286 LF perennial channel
all on previously approved phases (phase 1-5A) none for this phase
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, cean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant has performed a detailed delineation of the wetlands and waters of the_U.S. on
site as to avoid any many impacts as possible. The proposed impacts are for a sewer line
construction that is required to serve the residential lots.
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needeLnmpact Because the total cumulative wetl for the enfi ro'ect are below DWO' 1
acre mitigation threshold 0.368 d because the impact does not impact anwetlands
is reauired by the Town of Ho Snrin-s. we believe that mitigation should not he required
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
Page 10 of 13
Parallel Parallel Parallel Parallel Perpendicular r Mitigation
utility line utility line utility utility line Utility line
(square (square line (square (square feet)
feet) feet) (square feet)
feet)
N/A NA
NA
NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The imperious area for the proiect is less than 30%. Level spreaders will be used to achieve
diffuse flow into Neuse River Buffers within Phase 5B Please see the attached plans and
calculations for the level spreaders. In particular, storm feature # 13 will have level spreaders to
achieve diffuse flow before entering the buffers. We have several points of discharge to hem
break up the discharge into the buffers. We believe that this approach meets the intent of the
diffuse flow into the buffer. If more information is required, please call Chris Allen at 919-669-
3635.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Page 12 of 13
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
2
,pplicant/ gent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

approximate location
of Phase 5A
Sunset Ridge North,
Phases 1- 4
(Existing)

State of North Carolina
eandNa ural Resourcesment
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
NCIDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
February 19, 2002 [ [?
D
Jennifer Burdette
Soil & Environmental Consultants, Inc. MAR - 6 ?G;;2
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Neuse River Basin Buffer Rules
NBRRO 02-028
Sunset Ridge North/McCloud Property
S&EC #90-574
Holly Springs, Wake County, NC
Dear Ms. Burdette:
This letter will serve as confirmation of the buffer determination made by S&EC at the
subject property referenced by the Raleigh Regional Office as NBRRO 02-028.
On February 1, 2002, I conducted a site visit of the features south of Middle Creek on the
above referenced project and identified on the attached Figures 1, 2 and 3. It was determined that
Features C (below flag # NBR 24), E (below flag # NBR 20), G (below flag # 100), H, and
Middle Creek shown either on the Wake County Soil Survey and/or on the USGS Apex, NC
quadrangle map are subject to protection under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative
Code T15A: 02B.0233 (NCAC .0233). Features A above the pond; B, D, and F are not subject
to the Neuse River Basin buffer rules. Please note that tributaries north of Middle Creek were
not evaluated.
This letter only addresses the applicability of the Neuse Buffer Rules. For information
relevant to wetlands and other impacts, please contact the Central Office at 733_71786. Thank you
for your attention to this matter and if this office can be of any assistance or if you have additional
questions, please do not hesitate to contact us.
cc: John Dorney/DWQ
Wake County
Sincerely, ?Deborah Edwards
Environmental Specialist I
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

Soil di Enviraamental'Consultants, ` PA
11010 Raven Ridge Road, Rale
+: 8h,
(919) 846 Carolina 27614
Phone: -5900
Fax: [phone]
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Project: Sunset Rid a North -
,? _ .` ; `'-. :::_::.•-'_ I;t 1 McCloud S&EC Pro`ect # 90-574
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Mar 26 04 03:47P BRYAN PROPERTIES, INC. 919-552-3802 P.1
SUNSET FOREST, LLC
PO Box 728
Holly Springs NC 27540
[phone]
Fax [phone]
March 26, 2004
Mr. John Dorney
NCDENR-DWQ
2321 Crabtree Blvd., Parkview Bldg.
Raleigh NC 27604
Ms. Andrea Wade
US ARMY CORPS OF ENGINEERS
6508 Falls of Neuse Rd., Suite 120
Raleigh NC 27615
Re: Sunset Ridge North Phase 5C
Dear Mr. Dorney & Ms. Wade:
This letter is to authorize Chris Allen, P.E., of Allen Engineering, Inc. to execute on
behalf of Sunset Forest, LLC, any and all applications required to obtain wetlands
permits sought in conjunction with its development activities.
Please let us know if you need further information.
Sincerely,
Joh T. Coley, IV
Manager
JTC/eh
cc: Chris Allen
Aug 31 04 02:40p BRYAN PROPERTIES, INC. 919-552-3802 p.1
OPERATIONS AND MAINTENANCE MANUAL
Project: 500?;-O( ?1 DGC Nzx?F-
BEST MANAGEMENT PRACTICES
Property Owner/Responsible Party: 51)1Q56T rjj2?ST. CL C.
,pv CA G J:A-V-7Ea2rilQG_ tAJ c
Prepared By: QLIj?
Date: 2
The maintenance of any Best Management Practice (BMP) installed to achieve nitrogen
loading and/or flow attenuating requirements for a development shall be the
responsibility of the property owner or other identified responsible party. In the case of
residential or commercial subdivisions, Home Owners Associations or Merchants
Associations must be established in order to identify the responsible party. This manual
establishes general procedures for maintenance and operation of the allowed BMP types
in accordance with the Town of Holly Springs Stormwater Program . It is important to
note that only general maintenance tasks are identified here. All devices shall be
maintained to original design standards. This agreement shall be signed and notarized by
the responsible party to perform the tasks specified in the plan, including inspections,
operation, and any needed maintenance activities.
Background
Identify the types of BMPs located on the site and give a brief dcscription on their
design. If you need additional space please attach separate pages to this document.
cc C.Oi\?? (, itr.C_ 5p2aWC-)'r- 'ac-( of (0=
? ? ? 5 iG ?Lw 1 • S
II. Maintenance
A. Level Spreaders - Maintenance requirements are as follows:
1. At least once annually, remove deposited sediment, especially from the
upstream edge, to maintain original contours and grading.
Rpg 31 04 02:40p BRYAN PROPERTIES, INC. 919-552-3802
2. Repair channels that form and regrade the filter strip to ensure that the runoff
flows evenly in a thin sheet over the filter strip.
3. Repair level spreader whose disrepair can cause the formation of channels in
the filter strip.
4. Reseed and regrade the filter strip to maintain a dense growth of vegetation,
especially if the strip has been used for sediment control.
5. Grassed filter strips shall be mowed at least twice annually to a minimum
height of six inches.
The Town will inspect BMPs on an annual basis and forward a list of any required
deficiencies or repairs to the property owner/responsible party. The property
owner/responsible party will have 90 days to correct all deficiencies and make all repairs
to the satisfaction of the Town Engineer.
STORMWATER BEST MANAGEMENT PRACTICES
OPERATIONS AND MAINTENANCE AGREEMENT
Property
t L-L.
PrintY C.-31(c14Jta t--• t,?l2GtC-4tt ^(
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I,? C( ?.(?lQ. [ 1 VCS 7? l ?.. a Notary Public for said County and State, do
hereby certify that AIMOVI A L, fbLA(JCW 1Q. personally appeared before
me this day and acknowledged the due execution of the foregoi g instr ment.
Witness my hand and official seal, this the _ day of 260
Official Seal
OFFICIAL SEAL
S. ELAINE HUDSPETH
NOTARY PUBLIC
WAKE COUNTY
My Commission Expires Notary Public
p.2
My commission expires L P - o
Allen E ngineering
4416 Dewees Court Raleigh, NC 27612
Phone[phone] Fax[phone]
TO:L
rcc l
21211
e?,J, ut e
ATTENTION:
We are sending you: ? Attached
VIA: Q Overnight
The following items: ? Shop Drawings
Specifications
LETTER OF TRANSMITTAL
JOB NO. DATE: G ? O?, ?*
RE:
cc ?1
? Under separate cover
? Regular Mail ? Pick-up
? Prints R Plans
Copy of Letter Change Order
0
46
? Hand TeWred
03
R Saml
Repo
COPIES DATE NO. DESCRIPTION
,S GE /Y
WEMNDS 1401 GROUP
AL(
THESE ARE TRANSMITTED as checked below:
For Approval As requested ? Approved as submitted ? Returned for corrections
For your use e For review and comment Approved as noted ?.
Remarks:
COPY TO: SIGNED: Chris Allen
Allen Engineering
4416 Dewees Court Raleigh NC 27612
Civil Engineering and Consulting Services
April 21, 2004
NCDENR-DWQ US Army Corps of Engineers
Attn: John Dorney Attn: Ms. Andrea Wade
2321 Crabtree Blvd. 6508 Falls of the Neuse Rd. Suite 120
Parkview Building Raleigh, NC 27615
Raleigh, NC 27604
RE: Nationwide Permit 39/401 Water Quality Certification WETLANDS/ 401 GROUP
Sunset Ridge North Phase 513
Holly Springs, NC Ifilk APR 2 3
2 2004
Dear Mr. Dorney and Ms. Wade:
WA i &< QUALITY SECTION
On behalf of Sunset Forest, LLC (property owners), we hereby request
authorization from the US Army Corp of Engineers to use Nationwide Permit
number 39 to cover temporary impacts to perennial stream channel and one
wetland area. We also request written concurrence from the NC Division of
Water Quality (DWQ) that the project complies with the 401 Water Quality
Certifications associated with the Nationwide Permit 39 and the Neuse River
Buffer rules. A pre-construction Notification Application is attached.
Sunset Ridge North is a residential subdivision that consists of four existing
phases (1-4) and a one sub phase 5A with Phase 5C most recently approved
and under construction. All of the work to date for this project in was done by
S&EC. Most of the following information is correspondence that was made with
them but which we have restated here to clearly show the history of the project.
Based on a meeting with MS. Amanda Jones and S&EC, Sunset Ridge North
Phase 1-4 and Phase 5 will be considered a single, complete project for
cumulative impact purposes. Phase 5 will be deigned and built in three sub
phases of which phase 5C was most recently approved. Sunset Ridge North
Phase 5B is located on the North side of Holly Springs road (SR 1152),
approximately 1/3 mile East of it's intersection with Bass Lake Road. The site
can be accessed from Linksland Drive which is the main entrance to Sunset
Ridge North. The entire area for Phase 5 is 96 acres. Please find the attached
USGS topographic map for the location of the project.
The proposed project consists of a residential subdivision. S&EC conducted a
detailed wetland delineation in September 2000 and Ms. Jones issued a
Jurisdictional Determination on August 6, 2002 (AID #200221313). Ms. Deborah
Edwards conducted a site visit on February 1, 2002 and confirmed that features
E and G are subject to the Buffers at the locations depicted on the overall site
plans and that feature B is not subject to the buffer rules. The recent history of
permits and jurisdictional determinations can be found in the attached PCN.
The applicant proposes to impact an unnamed tributary to Middle Creek,
classified as an intermittent stream, with a roadway crossing. This crossing will
impact 201 feet of intermittent stream which averages 2 feet wide.
The applicant has performed a detailed delineation of the wetlands and waters of
the U.S. on-site as to avoid any many impacts as possible. The proposed impact
#1 is for construction of a residential collector street required by the Town of
Holly Springs. This proposed street is on the Town's Thoroughfare Plan In order
to comply with the Neuse Buffer Rules with respect to discharge, level spreaders
will be used to achieve diffuse flow into the buffer.
If any additional information is needed with regard to the application or design,
please contact Chris Allen at 919-881-0724.
Sincerely,
Alle eering, Inc.
Chris Allen, P.E.
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
kit any particular item is not applicable to tuts protect, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Sunset Forest, LLC
Mailing Address: PO Box 728
Holly Springs, NC 27540
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Chris Allen
Company Affiliation: Allen Engineering, Inc.
Mailing Address: 4416 Dewees Court
Raleigh, NC 27612
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: callenenggric.rr.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge North
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Portion of 0659.01-26-9625 & 0659.01-46-1818
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): Sunset Ridge North Phase 5B
Directions to site (include road numbers, landmarks, etc.): Phase 5B is located on the North
side of Holly Springs Road (SR 1152) approximately 1/3 mile East of the intersection with
Bass Lake Road. The site can be accessed from Linksland Drive
5. Site coordinates, if available (UTM or Lat/Long): 035°39'44.36"N 078°49'9.90"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 96 ac (entire Sunset Ridge Phase 5)
7. Nearest body of water (stream/river/sound/ocean/lake):Unnamed tributary to Middle Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phase 5B is currently undeveloped forested land Phase 1-4
and Phase 5A are existing and Phase 5C is under construction Land use types in the area
consist of residential, agricultural and undeveloped forested land.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of construction of a residential neighborhood and associated utilities to serve
the lots. Conventional heavy equipment consistent with this type of development will be
used.
11. Explain the purpose of the proposed work: The purpose of this work and proposed impacts
are to provide a street connection required bu the Town of Holly Springs This street
connection will stop at the Neuse Buffer for Middle Creek and be extended by the Town of
Holly Springs in the future.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A iurisdictional determination was issued for Sunset Ridge North Phase 5 by Ms Amanda
Jones, of the USACE, on August 6, 2002 (AID 200221313) Past jurisdictional determinations
for the previous phases of Sunset Ridge North were issued by Mr. Eric Alsmeyer (AID 19960,
8/22/96) and Todd Tugwell (AID 199820980). Past permits issued for Sunset Ridge include
NWP 26 (AID 199700252- 0.15 acre of wetland impact) NWP 12 (AID 199820980- 0 013acre
temporary impact), NWP 14 (AID 199821347- 0.017 acre and 148 linear feet of perennial stream
channel impact), and NWP 26 (AID 199821348- 0.075 acre wetland impact) Past 401 Water
Quality Certifications associated with these permits are referenced as DWQ # 961175 After the
USACE issued the NWP 14 (AID 199821347) the applicant revised the proposed impact to 142
linear feet perennial stream channel and 0.016 acre of impact Based on correspondence from
Mr. Todd Tugwell, of the USACE, the applicant was not required to submit a revised PCN for
this reduction in impacts. On (3/6/2003) NWP 39 (AID 200320410) 0.157 acre wetland impact
and 144 linear feet of stream channel) NWP 12 for temporary utility impact to perennial stream
Most recently (4/2/2004), NWP 12 (AID 200420729) for temporary utili impact to perennial
stream and 401 Water Quality Certifications associated with these permits are referenced as
DWQ # 040242. Based on this determination the total cumulative permanent impact for the
project known as Sunset Ridge North are 0.368 ac and 286 linear feet of stream channel All of
the work to date has been submitted by S&EC and Ms Deborah Edwards confirmed S&EC's
Neuse Buffer Evaluation of the project area on February 1 2002 (see attached letter, dated
2/19/02)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 7 of 13
Future development is anticipated for the remainder of Sunset Ridge North However plans for
this area have not been finalized at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed permanent impact to
201 feet of intermittent stream channel resulting from construction of a residential collector
street required by the Town of Holly Springs.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.209 ac.
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
Page 8 of 13
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
I Roadway 201 UT of Middle Creek 2 intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 286 LF perennial channel
all on previously approved phases (phase 1-5A), none for this phase.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
Page 9 of 13
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant has performed a detailed delineation of the wetlands and waters of the U.S. on-
site as to avoid any many impacts as possible. The proposed impacts are for a residential
collector street construction required by the Town of Holly Springs to meet their Thorough fare
Plan for this area.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the total cumulative wetlands impact for the entire project are below DWQ's 1
acre mitigation threshold (0.368), and because the impact does not impact any wetlands and
is required by the Town of Holly Springs we believe that mitigation should not be required
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the,
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 11 of 13
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Impact 1 Impact 2 Impact 3 Impact 4 Impact 5
Parallel Parallel Parallel Parallel Perpendicular
Zone* utility line utility line utility utility line Utility line Multiplie Required
(square (square line (square (square feet) r Mitigation
feet) feet) (square feet)
feet)
N/A NA
NA
NA
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The imperious area for the vroiect is less than 30%. Level spreaders will be used to achieve
diffuse flow into Neuse River Buffers within Phase 5B Please see the attached plans and
calculations for the level spreaders. In particular, storm features #13 and #16 will have level
spreaders to achieve diffuse flow before entering the buffers. We have several points of
discharge to help break up the discharge into the buffers. We believe that this approach meets
the intent of the diffuse flow into the buffer. If more information is required, please call Chris
Allen at 919-669-3635.
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
A/,

/ Apt&cant/Agent's Signature 1 Iiatef
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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;t r`I,,E COUNTY, iNOR l H "AXOi-!It4A u't ? L:? i?J?;iF?'cF2 83
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regidnal Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
4
NCI) E N
DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
February 19, 2002 [ Q ?/
D
Jennifer Burdette
Soil & Environmental Consultants, Inc. MAR
11010 Raven Ridge Road I
Raleigh, NC 27614
Subject: Neuse River Basin Buffer Rules
NBRRO 02-028
Sunset Ridge North/McCloud Property
S&EC #90-574
Holly Springs, Wake County, NC
Dear Ms. Burdette:
This letter will serve as confirmation of the buffer determination made by S&EC at the
subject property referenced by the Raleigh Regional Office as NBRRO 02-028.
On February 1, 2002, I conducted a site visit of the features south of Middle Creek on the
above referenced project and identified on the attached Figures 1, 2 and 3. It was determined that
Features C (below flag # NBR 24), E (below flag # NBR 20), G (below flag # 100), H, and
Middle Creek shown either on the Wake County Soil Survey and/or on the USGS Apex, NC
quadrangle map are subject to protection under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative
Code T15A: 02B.0233 (NCAC .0233). Features A above the pond; B, D, and F are not subject
to the Neuse River Basin buffer rules. Please note that tributaries north of Middle Creek were
not evaluated.
This letter only addresses the applicability of the Neuse Buffer Rules. For information
relevant to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you
for your attention to this matter and if this office can be of any assistance or if you have additional
questions, please do not hesitate to contact us.
cc: John Dorney/DWQ
Wake County
Sincerely, Deborah Edwards
Environmental Specialist I
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

Soil Os Environmental Consultants, PA
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Project: Sunset Rid tir a North -McCloud SBsE C Pro's
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Preliminary Buffer Approximation
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FEB 10. 2002
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BRYAN PROPERTIES, INC.
SUNSET FOREST, LLC
PO Box 728
Holly Springs NC 27540
[phone]
Fax [phone]
March 26, 2004
Mr. John Dorney
NCDENR-DWQ
2321 Crabtree Blvd., Parkview Bldg.
Raleigh NC 27604
Ms. Andrea Wade
US ARMY CORPS OF ENGINEERS
6508 Falls of Neuse Rd., Suite 120
Raleigh NC 27615
Re: Sunset Ridge North Phase 5C
Dear Mr. Dorney & Ms. Wade:
919-552-3802
This letter is to authorize Chris Allen, P.E., of Allen Engineering, Inc. to execute on
behalf of Sunset Forest, LLC, any and all applications required to obtain wetlands
permits sought in conjunction with its development activities.
Please let us know if you need further information.
Sincerely,
Joh T. Coley, IV
Manager
JTC/eh
p.1
cc: Chris Allen
oq?, o?-ooc02
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 01, 2004
Regulatory Division
Action ID No. 200420815
Mr. John T. Coley, IV
Sunset Forest, LLC
P. O. Box 728
Holly Springs, North Carolina 27540
Dear Mr. Coley:
WETLANDS / 404 CROUP
JUN 0 3 2004
WATER {QUALITY SECTION
Reference is made to the application of April 23, 2004, submitted on your behalf by Mr.
Chris Allen of Allen Engineering for Department of the Army (DA) authorization to impact a
total of 201 linear feet of intermittent stream channel subject to our regulatory authority pursuant
to Section 404 of the Clean Water Act, which regulates the discharge of dredged or fill material
and/or mechanized landclearing within waters of the United States, including wetlands. The
property consists of 96 acres located on the north side of Holly Springs Road (SR 1152),
approximately 1/3 mile east of its intersection with Bass Lake Road (SR 1393), adjacent to, and
above the headwaters of an unnamed tributary to Middle Creek, within the Neuse Basin, east of
Holly Springs, Wake County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA)
signed a memorandum of agreement (MOA) establishing procedures to determine the type and
level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines.
This MOA provides for first, avoiding impacts to waters and wetlands through the selection of
the least damaging, practical alternative; second, taking appropriate and practical steps to reduce
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you explore alternative subdivision layouts.
Based upon the information submitted with your site plans, the proposed impact is
associated with a single road crossing associated with the construction of Phase 5B of Sunset
Ridge North Subdivision to provide access to an adjacent tract of land to the east of the proposed
development. The adjacent tract of land is presently undeveloped and your permit application
stated that the purpose was to construct this portion of a residential collector street to the property
line, which is required by the Town of Holly Spring as part of the town's Thoroughfare Plan.
While Nationwide Permit 39 is typically utilized to authorize impacts associated with
subdivision development, Nationwide Permit General Condition 19 mandates that projects be
designed in a manner to avoid and minimize adverse effects to waters of the United States to the
maximum extent practicable at the project site (i.e., onsite). Accordingly, it appears that the
proposed subdivision development could be constructed by terminating Street C west of the
stream channel and property line and constructing a driveway crossing to lot 551, which would
substantially reduce the amount of impact to the stream channel. Based on the plans submitted
with your application, Street C would eventually cross over Middle Creek, and its adjacent
wetlands, to the east. The portion of Street C within the subdivision does not constitute a single
and complete project, which would be the entire collector street alignment. You and/or the Town
of Holly Springs must also demonstrate that Street C follows an alignment, which is the least
damaging, practical alternative. Furthermore, General Condition 19 states that mitigation will be
required, when necessary, to ensure that the adverse effects to the aquatic environment are
minimal.
Therefore, since your DA permit request does not meet the nationwide permit general
conditions, your project is not eligible for nationwide permit authorization. Accordingly,
enclosed is a DA individual permit application, which you would need to submit for DA review.
Please note that issuance of a DA individual permit may be difficult to obtain since you would
need to show that your project has avoided, minimized, and lastly compensated for unavoidable
impacts as outlined in the MOA between EPA and the Corps of Engineers and that the alternative
proposed is the least damaging, practicable alternative that would not be contrary to the public's
interest.
You should either modify your project as described above and submit a revised pre-
construction notification application with justification for the alignment of the collector street or
submit the DA individual permit application in the event that you wish to pursue your project as
presently proposed. Please provide our office with either a response to the above concerns or
your modified permit request within 30 days of your receipt of this letter. Please be reminded
that issuance of DA authorization must precede any placement of excavated or fill material
within any waters of the U.S. on your property. Any unauthorized discharges into waters of the
US associated with your project without prior DA approval would be a violation of Section 301
of the Clean Water Act and appropriate enforcement action would be taken. Should you have
any questions regarding your application for DA permit authorization please call Jennifer
Burdette at telephone [phone], extension 22.
Sincerely,
°t`vl
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Enclosure
2

Copies Furnished:
Mr. Chris Allen
Allen Engineering
4416 Dewees Court
Raleigh, North Carolina 27612
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Ms. Stephanie Sudano
Town of Holly Springs
P. 0.Box8
Holly Springs, NC 27540
3
?p N1 A7"FR Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O F North Carolina Department of Environment and Natural Resources
T
9 =i Alan Klimek, P.E., Director
'r. Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 28, 2004
DWQ # 04-0662
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Sunset Forest, LLC
Post Office Box 728
Holly Springs, NC 27540
Subject Property: Sunset Ridge North, Phase 5B
On April 23, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to
fill wetlands or waters for the purpose of road construction for a residential subdivision in Wake County. Approval from
DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed
above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine
your projects' compliance with 15A NCAC 2H .0500.
1. The road stub labeled as "impact 1" on the plans does not appear to be necessary. Please eliminate the road stub
or provide additional information as to why it is necessary for this project.
2. It is unclear that has been delineated as streams and/or riparian buffers on your buffer/wetland vicinity map.
Please submit a clear map showing all jurisdictional streams',and riparian buffers on a 1"=100' site plan map.
That includes topography.
3. Your application is for impacts within Sunset Ridge North, Phase 5B. Please specify the percent of project
imperviousness area based on the estimated built-out conditions for Phase 5B only.
4. Please submit level spreader worksheets and Operations and Maintenance Agreement for all level spreader with
the project. Please clearly label all level spreads on the site plan map.
5. Please contact.the Raleigh Regional office to determine if the stream you are proposing to impact is Intermittent
or Perennial. +
Please telephone Danny Smith at 919-733-9716 if you have any questions or would require copies of our rules or procedural
materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time
for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919)
733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn.
Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Chris Allen, Allen Engineering, 4416 Dewees Court, Raleigh, NC 27612
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (hap://h2o.enr.state.nc.us/newetlands)
Customer Service #: 1-877-623-6748
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DWQ# Date ??-?- Who Reviewed:
Plan Detail Incomplete
? Please provide a location map for the project.
Y Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please lobate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions..
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
$ c n?-
[v]? Please indicate whether or not the• i mpacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.

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PROJECT NO
SHEET
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OF
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Pont your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addressed to:
Sunset Forest, LLC
Post Office Box 728
Holly Springs, NC 27540
DWQ# 04-0662 - Wake
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number,.
7001 2 510 0006 3167 6043
s
aster trom.? rvlce', la
Agent
C. Date of
Is delivery address differentTrom item 1?
If YES, enter delivery address below:.
i
3.. Service Type
Certified Mail ? Express Mall
0 Registered pl4er#Aeffikandls
- - J
O.D.
? Insured Mail C.O.D.
4e2fiA
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
4 NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
111l.1131ttl.111
1its1111
SUNSET FOREST LL(;
NCDWQ
SSN-5B-Wetlands Permit Fees
4/22/2004
3220
475.00
WETLANDS 1401 GROUP
APR 2 3 7004
WATER QUALITY SECTION
Cash - CCB Checking SSN-5B-Wetlands Pen-nit Fees 47-1
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