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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, PE., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 25, 2004
DWQ # 04-0746
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Porto Fino Subdivision
Dear Mr. Cady:
On May 7, 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 constructing driveways for Lots 88-91 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. Does this impact include the impact of the fill slopes?
2. Why can't the access driveway be moved outside of Zone 2?
3. Stormwater Management (i.e. diffuse flow) will need to be done for all of Zone 1 and Zone 2 rather
than (as proposed) between the Zones. Please provide details of the stormwater management.
4. Will the Ecosystem Enhancement Program accept the mitigation? Please provide written assurance
for this purpose.
Please telephone John Dorney at 919-733-9646 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 [phone] 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project and will consider it withdrawn.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
Frederic Rash, Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
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), (http://h2o.enr.stgte.nc.us/-ncwetlands)
Customer Service #: 1-877-623-6748
Sincerely,
11
I&.
RICE&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1 650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:

WETLANDS / 401 C;R0()p
MAY 4
WATER OUALH Y SECTION
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: [e-mail]
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2of2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1 . Attachment "A"
2. Attachment "B"
3. A set of 11 "xl 7" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
rWi
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: p Form Version May 2002
d ; 4
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
II. Applicant Information
Owncr/Applicant Information
Name: Trevi Fountain Associates LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Daryl Cady
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: [e-mail]
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: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.081 1
Fax Number: 919.854.0812
E-mail Address: [e-mail]
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 frill-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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transaortation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith 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://li2o.enr.state.nc.us/admin/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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 pen-nits 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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Project #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
(yes/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 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 FF,MA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia.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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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?
leasespecify)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not linuted 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.coni,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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., darn/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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:Hli2o.enr.state.nc.us/ncwetlands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Stream and Wetland mitigation are not required for this project Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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/indcx.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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
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
Page 1l of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
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.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed Swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP WWTF Permit No.: N00030759 but
this applies to the previous PCN for the sewer crossings approved under DWQ
Proiect#: 04-0591.
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
Page 12 of 13
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).
Vplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 170 55' 10" West, 286.47 feet to a point;
Thence North 150 37' 19" West, 97.39 feet to a point;
Thence North 080 44' 46" West, 96.08 feet to a point;
Thence North 010 02' 51 " West, 95.45 feet to a point;
Thence North 080 07' 55" East, 95.28 feet to a point;
Thence North 160 51' 48" East, 95.78 feet to a point;
Thence North 240 15' 10" East, 96.64 feet to a point;
Thence North 290 21' 38" East, 98.36 feet to a point;
Thence North 300 36' 12" East, 1036.94 feet to a point;
Thence North 300 45' 28" East, 508.77 feet to a point;
Thence North 630 33' 42" East, 293.61 feet to a point;
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31 " East, 564.23 feet to a point;
Thence South 090 26' 02" East, 748.30 feet to a point;
Thence South 470 54' 14" West, 33.79 feet to a point;
Thence South 500 58' 58" West, 99.08 feet to a point;
Thence South 530 51' 17" West, 97.18 feet to a point;
Thence South 550 55' 13" West, 99.38 feet to a point;
Thence South 570 15' 21 " West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,115,711.31 sq. ft. (48.57 acres)
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SITE LOCATION MAP
Engineer: Rice & Associates Project: Porto Fino
7.5 min. Topo Quad: "Wake Forest" dated 1937 Location: Wake Forest, NC
Approximate Scale: I" = 1500' Date: April 13, 2004
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Site Soils Map

Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet # 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13, 2004
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RICE &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Meld Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
(? - R«
Cameron M. Rice, P.E.
DATE:
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
f- 13 -e' -¢-
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • fox 919.854.0812 • Email: [e-mail]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this

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)

Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ft2 of required riparian buffer mitigation for impacts to 1,198 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591

RICE
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center WETLANDS 1401 GROUP
Raleigh, North Carolina 27699-1650 MAY
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina WATER QUALITY SECTION
R&A Project #: 02-073
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Dear 401 /Wetlands Unit:
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project 7#: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: genmail 9riceassociates.net
14r, N
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2of2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1 . Attachment "A"
2. Attachment "B"
3. A set of 1 1 "x17" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
rWl
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Trevi Fountain Associates LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Daryl Cady
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcadyPnc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleiah. North Carolina 27607
Telephone Number: 919.854.081 1 Fax Number: 919.854.0812
E-mail Address: [e-mail]
Page 5of13
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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith 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/mMs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadwav.
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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Project #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 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.ijov.
*** 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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?
leasespecify)
N/A

* 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.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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/stniigide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Stream and Wetland mitigation are not required for this project Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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.eti.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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) 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 hnpacts 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
Zone 1 extends out 30 teet perpendicular trom 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
Page 11 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
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.
An earthen, grassed Swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP, WWTF Permit No.: N00030759, but
this applies to the previous PCN for the sewer crossings approved under DWQ
Proiect#: 04-0591.
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
Page 12 of 13
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing tune 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).
None
?41icant/Agent`s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 170 55' 10" West, 286.47 feet to a point;
Thence North 15° 37' 19" West, 97.39 feet to a point;
Thence North 08° 44' 46" West, 96.08 feet to a point;
Thence North 010 02' 51 " West, 95.45 feet to a point;
Thence North 080 07' 55" East, 95.28 feet to a point;
Thence North 160 51' 48" East, 95.78 feet to a point;
Thence North 240 15' 10" East, 96.64 feet to a point;
Thence North 290 21' 38" East, 98.36 feet to a point;
Thence North 300 36' 12" East, 1036.94 feet to a point;
Thence North 300 45' 28" East, 508.77 feet to a point;
Thence North 630 33' 42" East, 293.61 feet to a point;
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31" East, 564.23 feet to a point;
Thence South 090 26' 02" East, 748.30 feet to a point;
Thence South 470 54' 14" West, 33.79 feet to a point;
Thence South 500 58' 58" West, 99.08 feet to a point;
Thence South 530 51' 17" West, 97.18 feet to a point;
Thence South 550 55' 13" West, 99.38 feet to a point;
Thence South 570 15' 21 " West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,115,711.31 sq. ft. (48.57 acres)
G:\Projects\Cady\Li gonMi II_02-073\_ W ORD\legal. doc

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SITE LOCATION MAP
Engineer: Rice & Associates Project: Porto Fino
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Approximate Scale: F= 1500' Date: April 13, 2004
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Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet # 14 Engineer: Rice & Associates
Approximate Scale: I"= 700' Date: April 13, 2004

KILL &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
rou ? .
Cameron M. Rice, P.E.
DATE: f-
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 9 19.8 54.0811 • Fax [phone] • Email: [e-mail]

W A 7'F Michael F. Easley, Governor
\O?O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E., Director
Division of Water Quality
p .? Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 213 .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this

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)
Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ft2 of required riparian buffer mitigation for impacts to 1,198 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
,/Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591
a

1 I
I&S
RICE &
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application WETLANDS/ 401 GROUP
Porto Fino Subdivision - Private Access Drive MAY (t OOt
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073 WATER QUALITY SECTION
4
Dear 401 /Wetlands Unit:
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • [mail: [e-mail]

DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2 of 2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1. Attachment "A"
2. Attachment "B"
3. A set of 11 "x17" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
6
USACE Action ID No. DWQ No
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Pennit Number(s) Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Trevi Fountain Associates LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Darvl Cadv
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcadv(@nc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Numbcr: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: smr(ariceassociates.net
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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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)
48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake)
8. River Basin: Neuse
UT to Smith Creek
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr.state.nc.us/adniin/hnaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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 pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful infonnation. 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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Proiect #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
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: 12' wide private access driveway
_will be constructed to provide driveway access to lots 88-91 of the subdivision
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
yes/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 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 arc 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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?
leasespecify)
N/A

* List cacti 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
indicate on ma) (acres) bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this pro*ect site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed Swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described_
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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 arc 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
httV:Hh2o.enr.state.ne.us/ncwctl,tnds/striiigide.litin].
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Stream and Wetland mitigation are not required for this project. Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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.litm. 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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
1X. 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. Tile 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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.
Z,one* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
[,one i extends out 0 tcet 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
Page 11 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
X1. 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.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP WWTF Permit No.: NC0030759 but
this applies to the previous PCN for the sewer crossings approved under DWQ
Project#: 04-0591.
X1II. 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
Page 12 of 13
X1V. 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).
None
'Zl Y May 6 2004
licant/Agent Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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Site Soils Map
Project: Porto Fino Subdivision Location: Wake Forest. NC
Wake Countv Soil Survev: Sheet :? 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13. 2004
RICE &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland perrnitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
? - /? C142--
Cameron M. Rice, P.E.
DATE:
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
f-/3-o--
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • fox 919.854.0812 • Email: genmail a riceossodates.net
OF W A TF Michael F. Easley, Governor
9v William G. Ross Jr., Secretary
\0 G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
> - I Division of Water Quality
O `C Coleen H. Sullins, DeputyDirector
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 21-1.0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
N. C. Division of Wattcr Quality, 401 Wetlands Certification Unit,
1650Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
10IM MQ 17QK /../.,... ?? aIn 9Q4 KOM /G.-\ /1......//1.7.. _.._......-.... ..e/.......... L._.1..

Pages 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 fe of required riparian buffer mitigation for impacts to 1,198 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Domey at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591

I
RICE--&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:
J? a
WETLANDS / 401 GROUP
M 41
WATER QUALITY SECTION
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1/3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: genmail9riceassociates.net
ti
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2 of 2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1. Attachment "A"
2. Attachment "B"
3. A set of 1 1 "x17" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
b. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
rlM
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
746
USACE Action ID No. DWQ No a
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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:
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: ? N/A
11. Applicant Information
Owncr/Applicant Information
Name: Trevi Fountain Associates. LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Darvl Cadv
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcadyPnc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: [e-mail]
Page 5 of 13
Ill. 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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake)
8. River Basin: Neuse
UT to Smith Creek
(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: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Protect #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 darns, 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 lay, 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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 secif
N/A

* List each impact separately and identify temporary impacts. Impacts include, but arc 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.conr,
www.nrapouestcom, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of
Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if

applicable)
(lake, pond, estuary, sound,
(indicate on ma) acres bay, ocean, etc.
N/A
* list cacti impact separately and identify temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed Swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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.litin1.
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 casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Stream and Wetland mitigation are not required for this project Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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.litni. 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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
Zone 1 extends out 30 tcet 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
Page 11 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
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.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
X11. 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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP WWTF Permit No.: NCO030759 but
this applies to the previous PCN for the sewer crossings approved under DWQ
Proiect#: 04-0591.
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
Page 12 of 13
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).
None
'/I Y May 6 2004
licant/Agent Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of'13
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Site Soils Map

Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet # 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13, 2004
Ii
I&.
RICE &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
• / ` t Ga----
Cameron M. Rice, P.E.
DATE: ?- 13 -a -g
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: [e-mail]
O?O? WAT ?9pG

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
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)
/nin\'i4Q 170L /.L ?-_? n/n 777 COnO iL _.? /Lu._.ill1_ ___ _'_.' __'°__'.'_a__J-

Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ft2 of required riparian buffer mitigation for impacts to 1,198 ft2 of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591
I I &!
KILL &
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1 650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:
h p
WETLANDS / 401 GROUP
SAY 70111,
WATER QUALITY SECTION
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: [e-mail]
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2of2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1 . Attachment "A"
2. Attachment "B"
3. A set of 11 "x17" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
rWl
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No., rr `' 4 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCVW) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
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: ? N/A
II. Applicant Information
Owner/Applicant Information
Name: Trevi Fountain Associates, LLC
Mailing Address: 123 South White Street
Wake Forest, NC 27587
Attn: Daryl Cady
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: [e-mail]
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: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: smr(ED-riceassociates.net
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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
4. Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US HM 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith 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: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Protect #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
(yes/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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 secif )
N/A

* 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.lopozone.coni,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.

N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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.): n /a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this proiect site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the Swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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:Hh2o.enr.state.nc.us/ncwetlands/stn-n,gide.btml.
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.
Stream and Wetland mitigation are not required for this proiect. Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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.eit.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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
Zone I extends out 30 feet perpendicular trom 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
Page 11 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
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.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP, WWTF Permit No.: N00030759, but
this applies to the previous PCN for the sewer crossings approved under DWQ
Project#: 04-0591.
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
Page 12 of 13
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).
None
??plicant/Agent'§ Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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Site Soils Map

Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet 4 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13, 2004

KILL &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES

Cameron M. Rice, P.E.
DATE: ?- 13 -a 4
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
978 Trinity Rood • Raleigh, North Corolina 27607 • Voice 919.854.0811 • Fox 919.854.0812 • Email: [e-mail]
O?O? W A T ?9pG
? - _ i -i

April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
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)
RICE&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project y1: 02-073
Dear 401 /Wetlands Unit:

WETLANDS / 401 GROUP

WATER QUALITY SECTION
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Rood • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fox 919.854.0812 • [mail: [e-mail]
Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ftZ of required riparian buffer mitigation for impacts to 1,198 ft2 of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Domey at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591
Ii
I&A
RICE&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:
0 '1746
WETLANDS/ 401 GROUP
f t Hull
WATER QUALITY SECTION
Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1 /3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: genmail Wriceassociates.net
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2 of 2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1 . Attachment "A"
2. Attachment "B"
3. A set of 1 1 "x17" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
USACE Action LD No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from. DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
11. Applicant Information
1
Wake Forest NC 27587
Attn: Daryl Cady
Owner/Applicant Information
Name: Trevi Fountain Associate
Mailing Address: 123 South White Street
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcadv(@nc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: smr(a)riceassociates.net
LLC
Page 5 of 13
III. Project Information
4
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 I1 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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): See Attachment "A"
Location: See Attachment "B"
County: Wake Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith 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 littp://h2o.enr.state.DC.us/admire/mats/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing conditions consist of vacant land with two
Page 6 of'] 3
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Proiect #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
yes/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 darns, 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.Lov.
*** 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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 secif
N/A

* 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.ust. s.t;ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.lopozoue.coni,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NSA
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 Area of
Name
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
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.): n /a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed Swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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.litm1.
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 casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Stream and Wetland mitigation are not required for this project Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of'13
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
Gone 1 extends out 30 leer perpendicular tirom 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
Page 11 of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund. At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0.96/sf, the payment will be $1,366.58.
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.
An earthen, grassed swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream. An earthen, grassed Swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed project will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP WWTF Permit No.: NC0030759 but
this applies to the previous PCN for the sewer crossings approved under DWQ
Protect#: 04-0591.
XIIL 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
Page 12 of 13
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).
None
6.2004
' Olicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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SITE LOCATION MAP
Engineer: Rice & Associates Project: Porto Fino
7.5 min. Topo Quad: "Wake Forest" dated 1987 Location: Wake Forest. NC
Approximate Scale: 1" = 1500' Date: April 13. 2004
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Site Soils Map

Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet # 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13, 2004
RICE &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES

Cameron M. Rice, P.E.
DATE:
(signatureloop'
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • fax [phone] • Email: [e-mail]
W AT ?RQG
6
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April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
NCDEW
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)
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
11#4
010
Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ft2 of required riparian buffer mitigation for impacts to 1,198 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
,/Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591
III
I&S
RICE&
May 7, 2004 ASSOCIATES
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Porto Fino Subdivision - Private Access Drive
Wake Forest, Wake County, North Carolina
R&A Project #: 02-073
Dear 401 /Wetlands Unit:
WETLANDS / 401 GROUP
IO4I4
WATER QUALITY SECTION

Rice & Associates is submitting seven (7) sets of the following Preconstruction
Notification (PCN) Application for the above-referenced project with request for North
Carolina Division of Water Quality (DWQ) 401 Water Quality Certification for parallel
impacts to Zone 2 of the Neuse River Basin Buffer (NRBB) under the Buffer Rules.
The application is for the impacts resulting from a portion of the proposed, paved,
private access drive serving Lots 88-91 within the Porto Fino Subdivision. A portion of
the driveway's impervious service is proposed to have parallel impacts to Zone 2 of the
NRBB.
This project should also reference the recent 401 Water Quality Certification for impacts
due to sanitary sewer extension approved by DWQ under DWQ Project #: 04-0591.
Construction Plans are currently at the Town of Wake Forest for final approval.
Written approval is requested for 401 Certification of more than 150 lineal parallel
impacts to Zone 2 of the NRBB. Less than 1/3 acre of Neuse River Buffers will be
impacted (949 sf); however, since the 150 If threshold will be exceeded, mitigation will
be required due to this impact. No other impacts will occur due to the proposed
private access drive. Payment into the North Carolina Wetlands Restoration Program
(NCWRPP) is proposed for mitigation of the Zone 2 impacts. Attached is the PCN
Application requesting written approval under the Buffer Rules. Since written approval
is being requested solely for Buffer Rules we understand the application fee does not
apply.
The enclosed PCN Application and attached additional documentation listed below
should provide the necessary information required to secure Section 401 Water Quality
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • [mail: [e-mail]
DWQ 401 Certification Request
Porto Fino Subdivision - Private Access Drive
May 7, 2004
Page 2of2
Certification for the buffer impacts. The following additional documentation is being
provided with each of the seven (7) copies of the PCN Application:
1. Attachment "A"
2. Attachment "B"
3. A set of 11 "xl 7" Private Drive Impact Exhibits
4. A copy of the USGS Quadrangle Map with the project site identified.
5. A copy of the Wake County Soil Survey Map with the project site identified.
6. Signed and dated copies of the "Agent Authorization Letter" providing
Agent/Consultant signature authority for the PCN Application.
7. A copy of DWQ 401 Water Quality Certification letter for DWQ Proj. #: 04-
0591.
If you should have questions or require additional clarification during the review please
feel free to contact me at [phone], extension 103.
Very truly yours,
RICE & ASSOCIATES
?1N1
Frederic D. Rash, P.E.
cc: Daryl Cady - Trevi Fountain Associates, LLC
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Trevi Fountain Associates, LLC
Mailing Address: 123 South White Street
Wake Forest NC 27587
Attn: Darvl Cadv
Telephone Number: 919.562.0000 Fax Number: 919.562.6816
E-mail Address: dcady(a_)nc.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rice & Associates
Company Affiliation: Agent
Mailing Address: 978 Trinity Road
Raleigh, North Carolina 27607
Telephone Number: 919.854.0811 Fax Number: 919.854.0812
E-mail Address: [e-mail]
Page 5 of 13
III. Project Information
4
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: Porto Fino Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN)
See Attachment "A"
Nearest Town: Wake Forest
Subdivision name (include phase/lot number): Porto Fino
Directions to site (include road numbers, landmarks, etc.): From Wake Forest go west
on US Hwy 1-A toward Capital Boulevard. Turn left (south) at Ligon Mill Road.
Go approximately 0.5 mi. South. Subdivision is located on East side of Ligon Mill
Road north of CSX Transportation Railroad tracks.
Location: See Attachment "B"
County: Wake
5. Site coordinates, if available (UTM or Lat/Long): Not Available
(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): 48.57 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Smith 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.ne.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: The existing conditions consist of vacant land with two
Page 6 of 13
tributaries, and small areas of wetlands surrounding the tributaries. The
surrounding use is CSX Railroad, and mostly Residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
Porto Fino Subdivision proposes a private access drive to service 4 lots within the
subdivision. The private drive will be paved with concrete and parallels Zone 2 of
the Neuse River Basin Buffer (NRBB) with impacts summarized in this application.
11. Explain the purpose of the proposed work: To provide driveway access to lots 88-91
off of San Remo Place roadway.
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.
401 Water Quality Certification for Sewer Crossings - Reference DWQ Project #:
04-0591 (attached).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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: 12' wide private access driveway
will be constructed to provide driveway access to lots 88-91 of the subdivision.
The driveway parallels Zone 2 of NRBB and impacts a portion of it as a
Page 7 of 13
parallelism. Approximately 949 square feet of parallelism is within Zone 2. No
grading and no impacts are proposed to Zone 1.
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A Sewer
Sewer
Sewer
* 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 due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Kate 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: 0.3605 acres
Total area of wetland impact proposed: None related to the Proposed Driveway
3. Individually list all intermittent and perennial stream impacts below:
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 secif )
N/A

* 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.coni,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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 Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma (acres) bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 13
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To minimize impacts to the existing streams and wetlands an environmentally
friendly route was chosen for access to lots 88-91. Access from NCDOT State Road
(Ligon Mill) is prohibited at this project site. The private driveway was selected for
access to avoid taking a road across the perennial stream, which would have
resulted in considerably more impact to the stream, wetlands and buffers. Site
constraints include wetlands, Neuse River Basin Buffers, CSX Transportation Railroad
and prohibited access off of Ligon Mill Road. To protect the buffers and existing
wetlands and stream, an earthen, grassed swale is proposed between the edge of
the proposed driveway pavement and the Zone 2/Zone 1 limit. The grading for the
road and for the swale will be mostly cut and only a small portion will require fill
based upon the Terrain. Avoidance of fill should help to minimize the impacts during
construction. Also, avoidance of impact to the streams and buffers was considered in
the layout of the subdivision such that there are no road crossings or other impacts
proposed to the streams, buffers or wetlands other than the sewer lines as described
in 401 Approval (DWQ project # 04-0591).
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.
Page 9 of 13
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.ne.us/ncwetlands/stn-n_gide.htin1.
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.
Stream and Wetland mitigation are not required for this project Buffer mitigation
will be handled through payment into the Riparian Buffer Restoration Fund for the
parallel impacts to Zone 2.
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 infonnation 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): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 13
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 0
2 949 1.5 1423.5 sf
Total 949 1423.5sf
* 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
Page 1 l of 13
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Buffer mitigation will be handled by payment into the Riparian Buffer Restoration
Fund At 1,423.5 sf of required Buffer Mitigation and NCWRP payment requirement
of $0 96/sf the payment will be $1,366.58.
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.
An earthen, grassed Swale is proposed between the edge of pavement of the
proposed driveway and the Zone 2/Zone 1 Limit. Since the driveway will include
impervious surface partially within Zone 2 of NRBB, the stormwater runoff flow will
need to be attenuated to avoid down stream impacts to the buffers, wetlands and
stream An earthen, grassed swale is proposed between the edge of pavement of
the driveway and Zone 2/Zone 1 limit to provide diffuse flow to the downstream
buffer, wetlands and stream.
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.
The proposed protect will generate a wastewater flow of 43,560 gallons per day to
be treated at the Town of Wake Forest WWTP, WWTF Permit No.: N00030759, but
this applies to the previous PCN for the sewer crossings approved under DWQ
Project#• 04-0591.
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
Page 12 of 13
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).
None
plicant/Agen Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 17° 55' 10" West, 286.47 feet to a point;
Thence North 15° 37' 19" West, 97.39 feet to a point,
Thence North 08° 44' 46" West, 96.08 feet to a point,
Thence North 01 ° 02' 51 " West, 95.45 feet to a point;
Thence North 08° 07' 55" East, 95.28 feet to a point;
Thence North 16° 51' 48" East, 95.78 feet to a point,
Thence North 24° 15' 10" East, 96.64 feet to a point,
Thence North 29° 21' 38" East, 98.36 feet to a point,
Thence North 30" 36' 12" East, 1036.94 feet to a point;
Thence North 300 45' 28" East, 508.77 feet to a point;
Thence North 63" 33' 42" East, 293.61 feet to a point;
Thence South 66° 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31 " East, 564.23 feet to a point;
Thence South 09° 26' 02" East, 748.30 feet to a point;
Thence South 47° 54' 14" West, 33.79 feet to a point;
Thence South 50° 58' 58" West, 99.08 feet to a point;
Thence South 53° 51' 17" West, 97.18 feet to a point;
Thence South 55° 55' 13" West, 99.38 feet to a point;
Thence South 57° 15' 21 " West, 100.37 feet to a point;
Thence South 57° 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,115,711.31 sq. ft. (48.57 acres)
G AProjeds\Cady\LigonMill _02-073\_ W ORD\IegaLdoc
SITE LOCATION MAP
I Engineer: Rice & Associates Project: Porto Fino
7.5 min. To o Quad: ! "Wake Forest" dated 1987 Location: Wake Forest. NC
Approximate Scale: F= 150W Date: April 13, 2004
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Site Soils Map

Project: Porto Fino Subdivision Location: Wake Forest, NC
Wake County Soil Survey: Sheet # 14 Engineer: Rice & Associates
Approximate Scale: 1" = 700' Date: April 13, 2004
III
I&A
RICE &
ASSOCIATES
April 13, 2004
US Army Corps of Engineers
Wilmington District - Raleigh Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: US Army Corps of Engineers
Agent Authorization Letter
Porto Fino Sanitary Sewer Extension
Wake Forest, Wake County, North Carolina
The undersigned hereby authorizes Rice & Associates to proceed on behalf of the
current property owner as the agent for wetland permitting issues and applying for a
preconstruction notification for the above referenced project site.
Sincerely,
RICE & ASSOCIATES
G4L--
Cameron M. Rice, P.E.
DATE:
(signature
Daryl Cady, Manager/Member
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587

978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: [e-mail]
OF W ATFn Michael F. Easley, Governor
Tp William G. Ross Jr., Secretary
\Q G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
y Division of Water Quality
O `C Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 213 .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
4M
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)

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Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 17° 55' 10" West, 286.47 feet to a point;
Thence North 15" 37' 19" West, 97.39 feet to a point;
Thence North 080 44' 46" West, 96.08 feet to a point;
Thence North 01 ° 02' 51 " West, 95.45 feet to a point;
Thence North 08° 07' 55" East, 95.28 feet to a point;
Thence North 16° 51' 48" East, 95.78 feet to a point;
Thence North 24° 15' 10" East, 96.64 feet to a point;
Thence North 290 21' 38" East, 98.36 feet to a point;
Thence North 30° 36' 12" East, 1036.94 feet to a point;
Thence North 30° 45' 28" East, 508.77 feet to a point,
Thence North 630 33' 42" East, 293.61 feet to a point;
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31 " East, 564.23 feet to a point;
Thence South 090 26' 02" East, 748.30 feet to a point,
Thence South 47° 54' 14" West, 33.79 feet to a point;
Thence South 50° 58' 58" West, 99.08 feet to a point;
Thence South 53° 51' 17" West, 97.18 feet to a point;
Thence South 55° 55' 13" West, 99.38 feet to a point;
Thence South 57° 15' 21 " West, 100.37 feet to a point,
Thence South 57° 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,1 15,71 1.31 sq. ft. (48.57 acres)
G:\Piojeds\Cady\LigonMill 02-073\_ WORD\IegaLdoc

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PROJECT SITE

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SITE LOCATION MAP
Engineer: Rice & Associates Project: Porto Fino
7.5 min. To o Quad: "Wake Forest" dated 1987 Location: Wake Forest. NC
Approximate Scale: F = 1500' Date: April 13, 2004
Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
0 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 170 55' 10" West, 286.47 feet to a point;
Thence North 150 37' 19" West, 97.39 feet to a point,
Thence North 080 44' 46" West, 96.08 feet to a point;
Thence North 010 02' 51 " West, 95.45 feet to a point;
Thence North 080 07' 55" East, 95.28 feet to a point;
Thence North 160 51' 48" East, 95.78 feet to a point;
Thence North 240 15' 10" East, 96.64 feet to a point;
Thence North 290 21' 38" East, 98.36 feet to a point,
Thence North 300 36' 12" East, 1036.94 feet to a point;
Thence North 300 45' 28" East, 508.77 feet to a point;
Thence North 630 33' 42" East, 293.61 feet to a point;
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31" East, 564.23 feet to a point;
Thence South 090 26' 02" East, 748.30 feet to a point;
Thence South 470 54' 14" West, 33.79 feet to a point;
Thence South 500 58' 58" West, 99.08 feet to a point;
Thence South 530 51' 17" West, 97.18 feet to a point,
Thence South 550 55' 13" West, 99.38 feet to a point;
Thence South 570 15' 21" West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,115,711.31 sq. ft. (48.57 acres)
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Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Harisfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton -- Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 1 7° 55' 10" West, 286.47 feet to a point,-
Thence North 15a 37' 19" West, 97.39 feet to a point;
Thence North 08a 44' 46" West, 96.08 feet to a point;
Thence North 01 a 02' 51 " West, 95.45 feet to a point;
Thence North 08" 07' 55" East, 95.28 feet to a point;
Thence North 16a 51' 48" East, 95.78 feet to a point;
Thence North 24° 15' 10" East, 96.64 feet to a point;
Thence North 29" 21' 38" East, 98.36 feet to a point;
Thence North 30a 36' 12" East, 1036.94 feet to a point;
Thence North 30' 45' 28" East, 508.77 feet to a point;
Thence North 630 33' 42" East, 293.61 feet to a point,
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 09' 29' 31" East, 564.23 feet to a point;
Thence South 09" 26' 02" East, 748.30 feet to a point;
Thence South 470 54' 14" West, 33.79 feet to a point;
Thence South 500 58' 58" West, 99.08 feet to a point;
Thence South 53' 51' 17" West, 97.18 feet to a point;
Thence South 550 55' 13" West, 99.38 feet to a point;
Thence South 57a 15' 21 " West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,1 15,71 1 .31 sq. ft. (48.57 acres)
G:\Projeds\Cady\LigonMill_02-073\_wORMlegul doc
Attachment "B"
Rezoning Petition for Ligon Mill Road Site (2/24/03)
LEGAL DESCRIPTION
Being that certain area of land contained in following three separate parcels located in Wake
County, Wake Forest Township, North Carolina:
• 8.25 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 29.62 Acres - Hartsfield Properties, LLC - Deed Book 8490, Page 2033
• 10.70 Acres - Mabel H. Holton - Deed Book 5670, Page 99
The perimeter of said parcels being more fully described as follows:
BEGINNING at an existing iron pipe located at the intersection of the northern right-of-way
margin of CSX Railroad and the eastern right-of-way margin of Ligon Mill Road.
Thence from said point of beginning, North 170 55' 10" West, 286.47 feet to a point;
Thence North 150 37' 19" West, 97.39 feet to a point;
Thence North 080 44' 46" West, 96.08 feet to a point;
Thence North 010 02' 51 " West, 95.45 feet to a point;
Thence North 080 07' 55" East, 95.28 feet to a point;
Thence North 160 51' 48" East, 95.78 feet to a point;
Thence North 240 15' 10" East, 96.64 feet to a point;
Thence North 290 21' 38" East, 98.36 feet to a point;
Thence North 300 36' 12" East, 1036.94 feet to a point;
Thence North 300 45' 28" East, 508.77 feet to a point;
Thence North 630 33' 42" East, 293.61 feet to a point;
Thence South 660 00' 12" East, 258.05 feet to a point;
Thence South 090 29' 31" East, 564.23 feet to a point;
Thence South 090 26' 02" East, 748.30 feet to a point;
Thence South 470 54' 14" West, 33.79 feet to a point;
Thence South 500 58' 58" West, 99.08 feet to a point;
Thence South 53` 51' 17" West, 97.18 feet to a point;
Thence South 550 55' 13" West, 99.38 feet to a point;
Thence South 570 15' 21 " West, 100.37 feet to a point;
Thence South 570 51' 00" West, 1362.49 feet to the true and correct point of beginning;
Said parcels contain a total of 2,1 15,71 1.31 sq. ft. (48.57 acres)
G:\Projects\Cady\ligonMill_02-073\_WORD\legal.doc
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SITE LOCATION MAP
Engineer: Rice & Associates Project: Porto Fino
7.5 min._I_opo Quad_ "Wake Forest" dated 1987 Location: Wake Forest, NC
_
_
Approximate Scale: 1" 1500' Date: April 1'), 2004
DWQ# Date Who Reviewed: 1.?
Plan Detail Incomplete
? Please provide a location map for the project.
? 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 locate 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.
? Please indicate whether or not the proposed impacts 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
11
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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F W A TF Michael F. Easley, Governor
\O?? RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
> Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 26, 2004
Wake County
DWQ# 04-0591
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Trevi Fountain Associates, LLC
Attn: Daryl Cady
123 South White Street
Wake Forest, NC 27587
Subject Property: Port Fino Subdivision Sanitary Sewer Extension
Dear Mr. Cady:
You have our approval, in accordance with the attached conditions, to impact 0.0236 acres of forested wetlands,
70 feet of perennial stream and 0.2894 acres of protected riparian buffers for the purpose of extension of sanitary
sewer service as you described in your application dated April 13, 2004. After reviewing your application we
have decided, this fill is covered by General Water Quality Certification Number 3374. This Certification allows
you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. This approval is also valid for
the Neuse River buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
Conditions of Certification:
1. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 3,594 square feet as required under this Authorization
Certificate and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning payment into the EEP.
You have one month from the date of this approval to make this payment. For accounting purposes, this
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Centcr, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)

Page 2
Mr. Cady
April 26, 2004
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for
3,594 ft2 of required riparian buffer mitigation for impacts to 1,198 fe of protected riparian buffers; 03-04-02
river and subbasin, 27-23-(2) stream index number."
2. Certification 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0243(5).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are
made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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, 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
JRD/bs/bz
Attachments: Certificate of Completion
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
DWQ # 04-0591

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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Trevi Fountain Associates, LLC
123 South White Street
Wake Forest, NC 27587
DWQ# 04-0746 - Wake
ure
A. ST
0 Agent
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? Addresse
B. Received by (Printed Name) C. D e

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D. Is delivery address different from item 1? ? Yes
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2. Article Number
(Transfer from service label) ?00 1 251 0 000 6 316? 6081
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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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