20061700 Ver 2_401 Application_20070607

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~ Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
~ www.SandEC.com

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We Transmit to you Herewith:
^ Drawings
^ Specifications
^ Brochures or photos
^ Correspondence
^ As per your request
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Transmittal RECEIVED
Project#: ~~~~~~)~ Date: ~ ~ 0'
Project Name: l~ y 5~~~ wit 4~ ~°/a ~l
File:
^ For your information and files
^ For comment or approval
^ Returned for correction, resubmit
^ Approved as noted
Under Separate Cover:
^ By mail
^ By courier
^ By express
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No. Copies Document No. Date Description

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If enclosures are not as listed as above, kindly notify us at once. Q ~ ~ \~,!
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Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]

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Michael F. ~aslcy, Governor
William G. Ross 1r., Secretary
North Carolina Department of Environment and Natural Resources
June 7, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DWQ Project # 06-1700
Orange County
Page 1 of 2
Mr. Matt Bolesky
60 Sun Forest Way
Chapel Hill, NC 27517
Subject Property: 60 Sun Valley Way
Ut to Wilson Creek [030606, 16-41-2-6, WSIV, NSW]
Coleen H. Sullins, Director
Division of Water Quality
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By: Soil 6 Em~ttrrnmentaE Consultants. PA
NOTICE OF REQUIREMENT OF 401 GENERAL CERTIFICATION WRITTEN AUTHORIZATION
Dear Mr. Bolesky:
On November 28, 2006, at your request, Ian McMillan of DWQ conducted an appeal of the Raleigh
Regional Office's previous on-site determination to ieview a stream feature located on the subject
property for intermittent/perennial determination. The DWQ determined that the stream feature was
perennial.
It is our understanding that you were recently issued a Nationwide Permit 29 (SAW2007-1384-268) to fill
up to 140 linear feet of this stream feature. The State 401 equivalent to NWP 29 is General Certification
No. 3631 (GC3631). This Certification allows you to fill (or culvert) up to 1501inear feet of stream if
you adhere to the Conditions of that Certification. However, Condition No. 3 of GC3631 states:
"Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II), 2B .0214
(WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with
diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities
require a variance from the delegated local government and/or the NC Environmental Management
Commission before the 401 Water Quality Certification can be processed. In addition, a 30-foot wide
vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density
development must be maintained adjacent to all perennial waters except for allowances as provided under
the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are
defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as
otherwise determined by local government studies".
Therefore, you will need to apply to, and get written concurrence from, the DWQ. This includes
submitting five copies of a complete application with all associated materials, and the appropriate fee to
the DWQ.
N,,,o,,,~` Carolina
~vatura!!y
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] !Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OppoRunitylAffirrnative Action Employer- 50% Recycledll0% Post Consumer Paper

Matt Bolesky
Page 2 of 2
June 7, 2007
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call Ian McMillan at
[phone].
Sincerely,
~J
~.~
Cyndi Karoly, ~
401 Oversight/Express Review Permitting Unit
CBKlijm
Enclosures: GC3631
cc: Danny Smith, Supervisor, Assistance and Compliance Oversight
Sue Burke, Town of Chapel Hill, 209 N. Columbia Street, Chapel Hill, NC 27514
Reynolds J. Ivins, Orange County Soil & Erosion Control, P.O. Box 8181, Hillsborough, NC 27278
Andy Williams, USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
Jason Payne, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 061700_60SunValleyWay(Orange)tVotice_of 401GC_Requirement
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
JValurally
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
May 6, 2007
S&EC Project # lOlOS.W 1
USACE Action ID: SAW2007-1384-268
US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. Andrew Williams ~y ~ ~,
6508 Falls of the Neuse Rd., Ste. 120 ~ ~~
Raleigh, NC 27615 ~'/
RE: Response to the 12 Apri12007 Incomplete Application Notification
Bolesky Lot (60Sun Forest Way); Chapel Hill, Orange County, NC
Mr. Williams:
On April 16, 2007, S&EC received a letter from your office regarding USACE Action ID: SAW2007-1384-
268 notifying us of an incomplete application. Specifically, your office cited deficiencies in our application
related to the following:
• The application did not include information describing measures implemented to avoid and minimize
impacts to Waters of the United States. •
• The project plans were insufficient; please provide a cross section of the proposed culvert.
You also noted specific deficiencies in the application within the remarks section of the notice. You will find
attached a letter from the applicant discussing the type of access needed, minimization measures, commentary
regarding the consideration of a bridge, and across-section of the proposed culvert. If you require further
information or would like.to discuss the project in detail, I can be reached at our office or by mobile at
[phone].
.:
Sincerely,
i'.
Jason Payne
Natural Resource ID Section Leader -
NC Registered Forester #1610 +
Attachments: 1) USACE Incomplete Application Notification
2) Letter from Mr. Bolesky and wife, Doraine Michaud-Bolesky
3) Proposed Culvert Cross-section
cc: Matt Bolesky p ~~ (g ~~J~ D
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Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW2007-1384-268 County: Orange
Incomplete Application Notification
Property
Owner Matt Boleskv and Doraine Michaud-Boleskv
Address 60 Sun Forest Way, Chapel Hill NC
27517
Telephone Number 919-932-4460
Location/Description of Proposed Activity:
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APR ~~ ~ ?0(17
Authorized
By: Sai! 6 Etro~~a~unemai Le~~sultants, !'b
Agent Jason Payne- S & EC -
Address 11010 Raven Ride Road
Ralei>?h, NC 27614
Telephone Number 919-846-5900
Type of Permit Applied For (check one): IP ( ) NWP # 39 (X) GP # ( )
Applicable law: Section 404 of the Clean Water Act (X); Section 10, Rivers and Harbor Act ( )
YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND
CANNOT BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED
(CHECK ALL THAT APPLY):
Your application/pre-construction notification form has not been completed and/or signed (see remarks).
Under the conditions of Nationwide Permit # ,you are required to submit an aquatic resource mitigation
plan. The required plan is either insufficient or has not been included with your notification (see remarks).
X Your application/pre-construction notification did not include information describing measures you have
implemented to avoid and minimize impacts to Waters of the United States.
X Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application/pre-construction notification did not include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows, and riffle and pool complexes as required.
Your project is in a designated trout water county. Nationwide permit regional conditions require that a copy
of your application be submitted to the local NC Wildlife Resources Commission (WRC) for comment.
(Address: Western Piedmont Region Coordinator, 3855 Idlewild Road, Kernersville, NC 27284-9180)
Other (see remarks)
REMARKS:
1. Please provide a discussion of the type of access that is needed, i.e., pedestrian, small motorized
vehicles, etc.
2. Currently, there is a portion of the stream that has been previously impacted by sedimentation,
immediately north of your proposed location. Placement within this area could potentially minimize
impacts. Please provide a discussion of this minimization measure.
3. Abridge would provide access to the adjacent property and would completely avoid impacts to
the stream. Please provide, a discussion of this avoidance measure.
4. Please provide a cross section of the proposed culvert.
If you have any questions regarding the Corps of Engineers regulatory program, please contact
Andrew Williams at t lepphone n ~ er (919) 876 - 8441 extension 26
Project Manager Signature_~'.~~J ~~~~ Date /a Dios; / a o 0 7
-~

4-19-07
Doraine Michaud -Bolesky
Matt Bolesky
60 Sun Forest Way
Chapel Hill NC 27517
RE: US Army Corp. of Engineers SAW2007-1384-268 Orange County
Remarks:
1) Discussion of type of access that is needed:
We are requesting access to the nearly 5 acres of property directly positioned in the
rear of our home. A fill plan has been developed with our Soil Consultant (S&EC)
and Land Engineer (Phil Post & Assoc.).
The reasons for the development of this plan include the following. First we have
four young children and the present situation with the drainage valley prohibit the
children from accessing the rear of the property. The 35 to 40 foot drop presents a
significant safety concern as out children have no area to play ball as the front portion
of the property is bordered by Sun Forest Way and the side bordered by a heavily
traveled (often at high .speed) Old Lystra Road resulting in the only option for the
children is to access the rear of our property in a safe manner. Our development
offers no opportunities for children to play or recreate as our development is
comprised of lazge private lots with no facilities for kids. In addition the only exit for
kids in the development is to exit on the Old Lystra Road which is both narrow and
heavily traveled by truck and high speed autos with no shoulder on the road.
We also, as property owners of a nearly 6 acre piece of property, are interested in
planting a flower and organic vegetable garden and the only location on our property
is the more or less level (4+ acre) area on the opposite side of the ditch. We would
need access to this area for both lawn and garden style tractors to utilize our property.
Third the area directly behind our home and especially our garage structure is very
unstable and needs to be secured. Our Garage addition was completed (under permit
from Chapel Hill) in late 2005 and the foundation is showing signs of cracking and
movement as a result of the significant drop off in elevation of the property and, to
unstable nature of the ditch that collects large amounts of "rain run-off' from Old
Lystra Road. It is very apparent to myself that only stabilizing and backfilling the
azea behind the home is the most logical and cost efficient solution to ensure the
integrity of the home structure.

Page 2
The 60 Sun Forest property was purchased by Doraine and myself on December 31,
2004 after all of our due diligence revealed that NO RCD or stream was on this
property. Every land survey from Orange and Chatham county, plot plans, USGA
Surveys, two building permits issued by the town and the Home Owner Association
bylaws indicated that no water issues were on this property their for is was our
understanding we would have no problem accessing the rear portion of the property.
2) Discussion of minimization:
We have planned and engineered with the assistance of (Phil post and Assoc. and
S&EC) to both minimize impact of the ditch while ensuring that we can access the
rear of our property for the reasons outlined above. We have submitted to the DWQ a
"restoration plan" that has been approved. We have been diligently working with the
Town of Chapel Hill to lift the Notice of Violation and Stop Work Order so that we
can begin to implement our work plan. The placement of the pipe and fill corresponds
directly to the area that needs to be "secured" to prevent shifting or movement of soil
to ensure the integrity of the home structure. Also the placement of the pipe and fill
was considered to keep the children away from Old Lystra Road to ensure for their
safety as they play and ensure that we as parents have a line of sight to keep our
children in view while playing. By placing the pipe and fill in the area outline by Phil
Post & Associates we can eliminate any future impact to the stream area. Once the
stream crossing work is complete (more or less simultaneously) we can implement
the clean up of any affected downstream and the very small portion of the "upper
drainage area by the DOT culvert pipe. We also considered the NC DOT "right of
way" access area which to our understanding is 25 feet from the exit of the drainage
culvert running under Old Lystra Road. This information was considered by our
engineers in placing the stream ditch. crossing plan. It is simply our logical
conclusion that to effectively and permanently clean up the site, the work to approve
the stream crossing be approved before we start.
3) Bridge Access:
Abridge access of the ditch poses several problems and also will not provide
solutions to safety and access. Abridge will not assist in securing or shoring up the
foundation of the home /garage structure. Abridge access will not allow for farm,
lawn or garden equipment (unless a very expensive structure is erected) A bridge
access will not create any real opportunity for our children to expand and play area.
It is also my personal belief that any bridge structure will be more costly and
expensive to maintain and will create more of an eye sore, as we intend to replant and
populate the area impacted with lawn, flowers, shrubs and trees.

Page 3
4) Cross- Section:
Cross section is provided as per request.
Matt Bolesky
60 Sun Forest Way
Chapel Hill NC 27517
919-932-9201 office
919-932-4460 home
mattna,conservationstation.net

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax:, [phone]
www.SandEC.com March 16, 2007
S&EC Project # 10105.W1
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Andy Williams
6508 Falls of the Neuse Rd., Ste. 120 -['
Raleigh, NC 27615
From: Jason Payne
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: NWP 39
Bolesky Lot (60 Sun Forest Way)
Chapel Hill, Orange County,. NC
On behalf of the owners, Matt Bolesky and Doraine Michaud-Bolesky, please find attached a
complete application and supplemental information requesting permission from the U.S. Army
Corps of Engineers (USAGE) that the activities proposed below may proceed under Nationwide
Permit 39.` Please contact meat [phone] if you have any questions or require additional
information.
PROJECT SUMMARY
Project Name Bolesk' Lot
_
Project T e Stream Crossin
Owner/ A licant Matt Bolesk &Doraine Michaud-Bolesk
Count Oran e
Nearest Town Cha el Hill
Waterbod Name UT to Wilson Creek
Basin /Sub-basin 03-06-06
Index Number 16-41-2-6
Class WS-IV; NSW
IMPACT SUMMARY
Stream Impact (acres): 0.00642
Wetland Impact (acres): 0.00576
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.01218
TotaLStream Impact (linear feet): 140
Attachments: '
Pre-construction Notification (PCN) Application Form
Agent Authorization
Chapel Hill, NC - USGS Map
Orange County Soil Survey Map -Chapel Hill/Farrington Quadrangles
Conceptual Site Plan/Impact map
Upland & Wetland Data Forms
DWQ Intermittent/Perennial Determination
DWQ Notice of Violation
Remediation Plan
Charlotte Office: Greensboro Office•
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

Office Use Only: Form Version March o5
USACE Action ID No. DWQ No. ~ l~ - t ^l o fl V ~
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing PAYMENT
1. Check all of the approval(s) requested for this project: RECEIVED
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notif cation is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check h D :~ ~ [~~/] (~ r
II. A licant Information 11 ~'I L~
PP JUN 2 0 2007
1. Owner/Applicant Information oENR - wAT~i~ o;;;~uTY
Name: Matt Bolesky & Doraine Michaud-Bolesky W~tUwDSMroSTat~M1~tE~eR~CM
Mailing Address: 60 Sun Forest Way
Chapel Hill, NC 27517
Telephone Number: 919.932.4460 Fax Number: 919.932.9201
E-mail Address:
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: Jason Panne
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: 919.846.5900 Fax Number: 919.846.9467
E-mail Address: jpayne(c~sandec.com
Page 1 of 8

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: Bolesky Lot
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Orange Nearest Town: Chapel Hill
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The site is located at the
northwest corner at the intersection of Old Lystra Road and Sun Valley Way, immediately
north of the Orange/Chatham County line in southern Orange County.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.86178 °N 79.06541 °W
6. Property size (acres): ±6 acres
7. Name of nearest receiving body of water: UT to Wilson Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/fh2o.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 site is a residential lot. Land use in the vicinity of the
proiect is a mix of residential and agriculture.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
project will impact aperennial/important stream to provide access to an otherwise isolated
portion of the applicant's pro~erty. Heavy equipment typically used for ~radin~ will. be
employed.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
access to an isolated and otherwise inaccessible portion of the applicant's property.
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 USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. S&EC evaluated the site on February 6, 2006. A site meeting was
conducted with Mr. Eric Kulz of the NC-DWQ on September 12, 2006 to determine the
intermittent/perennial classification of the stream. The stream was determined to be perennial
during this meeting. An appeal was filed with NC-DWQ, and a subsequent evaluation occurred
with Mr. Ian McMillan on November 28, 2006. Mr. McMillan agreed with the previous
determination that the stream is perennial. NC-DWQ issued a Notice of Violation for the site on
September 15, 2006 (see NOV-2006-WQ-003 attached). The remediation plan to ameliorate the
site is attached. Mr. Andy Williams of the USAGE visited the site on February 27, 2007 and
determined that the stream is jurisdictional and important.
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 future permits or impacts are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 8

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: The proposed stream impact
will ape 140 linear feet of important stream channel and 251 square feet of adjacent
wetlands. The crossing includes installation of a culvert and ener~~pater, and fill to
final elevation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list imnactc dne to hnth stn~cture and flccdin~.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no (linear feet)
1 ~ Permanent Riparian No 0 0.00576
Total Wetland Impact (acres) 0.00576
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0073
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mu:~t. he included_ Tc calculate acreage. multiply length X width. then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on map) Before Im act (linear feet (acres)
1 UT to Wilson Crk Culvert Perinnial 2' 140 0.00642
Total Stream Impact (by length and acreage) 140 0.00642
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill_ excavation_ dreduina_ flccdin~_ draina~e_ bulkheads. etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.00642
Wetland Impact (acres): 0.00576
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.01218
Total Stream Impact (linear feet): 140
Page 4 of 8

7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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. In order to access the north side
of the propert~pplicant must cross the creek. The impact to jurisdictional waters can not
be avoided because the stream bisects the property from east to west.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but axe 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
Page 5 of 8

aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the USACE does not normall~e~uire mitigation for impacts of this magnitude
and minimal extent no mitigation is proposed at this time The client has revised a previous
site plan and reduced the proposed impact in an effort to avoid and minimize disturbance.
However should the Corps decide to require mitigation the applicant would propose
payment to NC EEP
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will. to .accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page 6 of 8

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian. buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi>,liers.
* Impact Required
Zone ,..,....,,.e ~ e+~ Multiplier ,~,~;~;, „+;,,,,
1 I N/A ~ 3 (2 for Catawba) I N/A
2 N/A 1.5 N/A
Total I N/A I I N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
Page 7 of 8

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 existing home is serviced by an individual septic system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Programs" document prepared by the NC Division of Water
Quality on October 3 2002 version 1.6. The draft states that most small, private. commercial
developments are unlikely to cause cumulative impacts. The Boleskv Lot project does not meet
any of the three criteria of private projects that can clearly result in cumulative impacts. We
anticipate that you will advise us if a qualitative or quantitative impact analysis is required.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
3 ~/~~ 7
~~- D~---
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

J tilV-Cb-CrJei t !'11 ~ `t7H I' KUI'l ~ 1.51 7177JC7CIJb I U ~ b`tb7`t0 f C . C
Address:
Environmental Consultants, PA
Road Raleigh, North Carolina 276!4 Phone: (919) 846-S9Q0 Fnx: {919) 846-9467
www.SaadEC.cam
~ !7'
_~~-~~ I~`CI nl ~ a~ s17
Phone: ~ ~~ 7 / ] .~ `f' Tr~U~l ~ ~ ~~~' L~
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and permitting
To Whom It May Concern:
S&EC Project #,
1, the current roe owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my
behalf as rtty agent in the processing of permit applications, to fu ish upon requ t supplemental information in
support of applications, etc. from this day forward. The day of 20~
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: Thfs authorization, for liability end professional courtesy reasons, Is ly for government
o#ficlals to eater the property when accompanied by S&EC staff: You should Il S& C to arrange a sfte
meeting prior to visiting the site. ._-.
Print Property Owner's Name Pr igna
cc: Ms. Cyndi Karoly cc: Mr. Jason Payne
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Ytaleigh, NC 27604
Charlotte Office•

236 Le!'hiUip Court, Suite C Greensboro Office:

Concord, NC 28025 3817 ELawrltlaleDrive

Phone: [phone] (3rcensboro, NC 27455

Fax: ('704) 7249406 Phonc: [phone]
Fax: (336) 540-$235
AGENT AUTHORIZATION FORM
All B~l/atnks To Be FiIl,e/~d In By The Current Landowner
Name: d ~ t~-1~N6 Ir ~~ G'~4'~ ~'-fld (, ~ SLR

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Project No.:
10105.W1 USGS Map
Project Mgr.: BOLESKY LOT
JP ORANGE COUNTY, NC
Scale:
1" = 2,000'
CHAPEL HILL/FARRINGTON
01/31106 QUADRANGLES
\\
Z
~ Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
(919} 846-5900 • (919} 846-9467
Web Page: www.SandEC.com

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM 1
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Boleskv LoUS&EC Job #10105.W1 Date: March 1, 2007
Applicant/Owner: Matt and Doreen Bolesky County: Orange/Chatham
Investigator: Luke Tuschak State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Bottomland Hardwoods
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Inside Flag 12
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Carex sp. 9.
2. Juncus sp. 10.
3. Liquidambar styraciflua FAC+ 11.
4. Lonicera japonica FAC- 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 25%
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
_ Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
Sediment Deposits
_ Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: <1 (in.) _Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test
_
Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Bolesky Lot/S&EC Job #10105.W1 Plot ID: Inside Flag 12 _
enu e
Map Unit Name Drainage Class: Well drained
(Series and Phase): Louisburg Field Observations
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3 10YR 3/2 Sand
3-10 ~ 10YR 7/2 Sand
10-12+ 10YR 7/1
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WFTI ANTIC nFTFRMINATInN
Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM 2
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Bolesky Lot/S&EC Job #10105.W1 Date: March 1, 2007
Applicant/Owner: Matt and Doreen Bolesky County: Orange/Chatham
Investigator: Luke Tuschak State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: 10' outside flag 12
(If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Polystichum acrostichoides FAC 9.
2. Quercus alba FACU 10.
3. Acer rubrum FAC 11.
4. Jun_iperus virginiana FACU- 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 50%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
_ Saturated in Upper 12 Inches
_ Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: - (in.) _Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: - (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: - (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
ProjecUSite: Bolesky Lot/S&EC Job #10105.W1 Plot ID: 10' outside flag 12
SOILS
Map Unit Name Drainage Class: Well drained
(Series and Phase): Louisburg sandy loam Field Observations '
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-2 10YR 3/3
2-12+ 10YR 5/4 Sand cla
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes X No Yes X No
Hydric Soils Present? Yes X No
Remarks:

o~oF W a rFgQG Michael F. Easley, Governor
.y William G. Ross, Jr., Secretary
r- North Cazolina Department of Environment and Natural Resources
~ ~
Q ~ Alan W. Klimek, P.E., Director
Division of Water Quality
September 15, 2006
Jason Payne
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
b 5 ~ V 5
~. D
SEP ~ U 2006
By: Sad S Ettri9nmental Consultants, PA
IPRRO 06-013
County: Orange
INTERMITTENT/PERENNIAL (UP) STREAM DETERMINATION
Project lv'ame: 60 Sun Valley Way -Orange County
Location/Directions: Site is located at the northwest comer of the intersection of Old Lystra Road and Sun Valley
Way ,immediately north of the Orange/Chatham county line' in southern Orange County
Subiect Stream(s): UT to Wilson Creek
Date of I/P Determination(s): 9/12/06
Feature UP Call Location of UP Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A P- Origin 30 and 31 on stream form. NOTE: stream severely
im acted with sediment. NOV to be issued

This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the D WQ or Delegated Local may request a determination by the Director.
A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly ,DWQ
Wetlands/40l Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. You must act within h0 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. To ask for a hearing, send a written petition, which conforms to Chapter I SOB of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714.
This determination is final and binding unless you ask for a hearing within 60 days.
No"i7.hCarolina
~Vatura!!r~
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal OpportunitylAfrinnative Aclion Employer- 50% Recycled110% Post Consumer Paper

9/15/2006
Page 2 of 2
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (9l9)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Offtce) at (919)-876-8441.
CC: RRO/SWP Files
Central Files
DWQ Wetlands and Stormwater Branch
Wesley Poole -Orange County, 306-F Revere Road, P.O. Box 8181, Hillsborough, NC 27278
Sue Burke, Town of Chapel Hill, Engineering Dept., 405 Martin Luther King, Jr. Blvd., Town Hall, 3`a
Floor, Chapel Hill, NC 27516
No ` Carolina
~tura!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.State.nc.us 1628 Mai] Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

I'onoZone -USGS Farrington (NC) Tono Map
http://www.topozone.com/print.asp?lat=35.86175 &lon=-79.06597&s.
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4 0.1 0.2 4.3 4.4 0.5 km
0 0.09 0.18 0.27 0.3n G.45 mi
UTM 17 674628E 3970141N (NAD27)
USGS Farrington (NC) Quadrangle 1~=-g,871
Projection is UTM Zone 17 NAD83 Datum G-1.134
~~ ~~
1 of 1 9/15/2006 8:07 Al

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 1, 200b
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Bolesky
60 Sun Forest Way
Chapel Hill, NC 27517
Subject Property: 60 Sun. Valley Way
Chapel Bill, NC
On-Site Intermittent/Perennial Stream Determination
Dear Mr. Bolesky:
Alan W.•Klimek, P.E. Director
"Division of Water Quality
DWQ Project # 06-1700
Orange County
Page 1 of 2
D
...
By: Sail 6 Emironmenial Consultants, .'A
On November 28, 2006, at your request, Ian McMillan of DWQ conducted an appeal of the
Raleigh Regional Office's previous on-site determination to review a stream feature located on
the subject property for intermittent/perennial determination. The stream feature is labeled as
"A" on the attached map initialed by Eric Kulz on September 12, 2006 and Ian McMillan on
November 28, 2006.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as
"A" on the attached map is perennial. The owner (or future owners) should notify the DWQ
(and other relevant agencies) of this decision in any future correspondences concerning this
property. This on-site determination shall expire five (5) years from the date of this letter.
Individuals that dispute a determination by the DWQ or Delegated Local Authority that
"exempts" surface water from the buffer rule may initiate an administrative hearing from the
Office of Administrative Heazings. You must act within 60 days of the date of receipt of this
letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. 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 determination is final and
binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
No°C Carolina
~tura!!y
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: htta://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Empbyer- 50°~ Recycled/10°k Post Consumer Paper

Matt Bolesky
Page 2 of 2
December 1, 2006
or Waters of the State. If you have any additional questions or require additional information
please call Ian McMillan at [phone].
Sinc ly,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: Chapel Hill/Farrington USGS Topo Map
Orange County Soil Survey Map
cc: Mr. Eric Kulz, DWQ Raleigh Regional Office
Jason Payne, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 061700_60SunValleyW ay(Orange)APPEAL_DET
lYo" Carolina
~Eura!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] Fax [phone]
Internet: htto:!lh2o.enr state.nc.us/ncwetlands
An Equal OppodunitylAffinnative Action Employer - 50°k Recycled110% Post Consumer Paper

OCT-i?-2006 10:58P FROM: CSI
9199329206 T0: 8469467 P.2

W fl T Michael F. Easley. Governor
FR
0~
~ Q Willlem G. Ross Jr., Secretary
North Carolina Department of Environment end Natural Resources
y ~I~ O .~..-~~O
! ~ Alan W. Klimek, P.E. Director
S
8
Colleen
is
'
O ~ n (~ ~
ty
lon of Wate Qual
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 0810 0002 6048 5069
Ms. Doraine Michaud
60 Sun Forest Way
Chapel Hill, NC 27517
O l,c ~ l ~ >7 o V 2
Subject: NOTICE OF VIOLATION
NOV-2006-WQ-0033
60 Sun Forest Way -Chapel Hill
Removal of Use
Orange County
Dear Ms. Michaud;
On September I2, 2006, Eric Kulz with the Division of Water Quality (DWQ) Raleigh Regional
Office conducted a site inspection at the above-referenced property. This inspection was conducted in
order to perform a determination as to whether the stream on the properly was intermittent or perennial.
Mr. Jason Payne with Soil and Environmental Consultants requested the site visit and was present during
the inspection. `
The site visit revealed Chat general construction activities and the placement of rock and fill
material in the stream valley above the origin of the stream has resulted in sediment impacts to the stream.
Sediment accumulations up to 12 inches in depth were observed in approximately 200 linear feet of
stream. The sediment had completely titled the stream channel at some locations.
Some silt fencing was present on the site, but the fencing had not been installed properly, and
erosion rills were observed extending beneath the silt fencing. In addition, a portion of the silt fencing
was overloaded with sediment.
Based on the site inspection, violations of stream standards have occurred on the site
Removal of Use
Sediment has been released due to on-site activities, resulting in sediment accumulations up to 12
inches at some locations. Appraximatety 200 linear feet of stream has been impacted, and impacts extend
off-site to an adjacent property. These impacts represent a violation of 15A NCAC 2B .0211 (2), wllieh
states that waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these
uses on either ashort-term or long-term basis shalt be considered to be violating a water quality standard.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Inlemet h2o.enr.atate.nc.us ~ I628 Mail Service Cenur Raleigh, NC 27699.1b28 FAX [phone]-ti23.6748
eptember 15, 200
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9199329206 T0: 8469467 P.3
3CT-2-2006 10:58P FROM: CSI
Ms Michaud
Page 2 of 3 ,
911 512 0 0 6
Required Response
You are directed to respond to this letter in writing within 20 days of your receipt of this Notice.
Your response should be sent to both this Office at the letterhead address and to the attention of Mr.
Danny Smith at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,
NC 27699-16] 7, Your response should include the following:
1. An explanation of why appropriate sediment and erasion control measures were not used at this
site to prevent the stream impacts from occurring.
2. A map that exactly details the streams on the site, and the exact amounts stream impact, to
include linear feet of stream and measurements of the depth of the sediment in the stream.
3. A detailed description of efforts you have taken to stabilize the site to prevent additional
sedimentation impacts to the stream. This issue should be addressed immediately in order to
help avoid additional stream standard violations.
4. A Restoration Ptan must be submitted to this Office at the letterhead address and to the attention
of Mr. Danny Smith at the NPS Assistance and Compliance Oversight Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617 for review and approval. You are encauruged to secure >x
consultant to assist you with your development plan. This plan should include a detailed
assessment/delineation of sediment impacts and depth measurements. Sediment in the stream at
depths greater than two inches must be removed to high ground (outside of the riparian area) and
stabilized. Sediment must be removed manually using shovels and buckets; no heavy equipment
is to be used within the riparian areas. The streambed must be restored to the original profile and
the stream banks must be stabilized, where necessary.
You must indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished,
North Carolina Division of Water Quality Raleigh Regionnl Office Surface Water Protection Pfinne (9t9) 791-4200 Customer Service
Intamet h2o.gnrateta.naus 1626 Mail Service Ccnter Raleigh, NC 27b99-t 628 FAX [phone]
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An Equal OpportunllytAHltmatlve AcBon Employer - 5096 Ret,7datl110°.6 Pest Consumer Paper

OCT-2-2006 10:58P FROM: CSI
Ms Michaud
Page 3 of 3
9/15!2006
9199329206 70:8469467
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Thank you for your attention to this matter. This Offtce intends to send a recommendation far
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violatfons are subJect to cfvit penalty
assessment of up to 525,000.00 per day for each violation. Should you have any questions regarding
these matters, please contact Eric Kulz or myself at [phone].
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Sincerely,
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Charles Wakild, P.E.
Surface Water Quality Supervisor
Raleigh Regional Office
cc:
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Cyndi Ka~oly - 401 Wetlands Unit ~ ~-,"' ~ ;' , ,~~~ ~ ~~, ..,
Danny S~nt~1~-. S Assistance and Comp~li~nce aversjg!•it unit
DWQ Cehtrai Fi a~ .. "ti - 'j (f~ 4~ '
~ Wes1e~~PDoI Orange ~u~t~, 306-F Revere Road, P.O. Box 8i8f,•H~Ilsborough, NC 27278
• .r' ; .Sue Burke,~'~vyti:Q~Chapel Hfll, Engineering Dept., 405 Martin Luther King, Jr. Blvd., Town
`''•'~ ' 'Hall, 3rd Floor, Chapel Hill, NC 27516
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Internet h2o,enr.stata.nc.tta 1628 Mait Service Center Raleigh, i~lC 27699-1628 FAX [phone] I-877-621-6748
An Equal OpporiunltylAftlnnatlve AcOon Employer- 5096 Recycled110°~ Post Consumer Paper

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Environmental Consultants, PA
;Road Raleigh, North Cazolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
March 16, 2007
S&EC Project No. 101 OS.WX
Mr. Charles Wakild Mr. Danny Smith
NCDENR -Division of Water Quality NCDENR -Division of Water Quality
Raleigh Regional Office NPS Assistance and Compliance Oversight
1628 Mail Service Center 1617 Mail Service Center
Raleigh, NC 27699-1628 Raleigh, NC 27699-1617
Reference: 60 Sun Forest Way -Chapel Hill
NOV-2006-WQ-0033
Sediment Impact Delineation Report & Clean-up Plan
Orange County, NC
Dear Mr. Wakild and Mr. Smith:
Soil & Environmental Consultants, PA (S&EC) has been engaged by Ms. Doraine
Michaud to prepare a sediment impact delineation report and clean-up plan for in-stream
sedimentation which occurred within the referenced project site. This action is in
response to your September 15, 2006, Notice of Violation (NOV).
On March 6, 2007, S&EC visited the referenced project site to observe site conditions
associated with reported channel impacts. While onsite we observed the characteristics
of the site (including current construction operations), the surrounding area, verified
surface and channel flow conditions, observed channel deposition along the impacted
reach, and observed existing property boundaries, utilities, water conveyance structures,
and existing erosion and sediment control measures. During this initial site visit the
impacted area was traversed and the, extent of the impacts were observed. During this
process we identified, delineated (with sequentially numbered flags), and GPS located the
stream centerline and approximate boundaries of the sediment impacts.
The purpose of this letter is to summarize our findings regarding sediment deposition that
has occurred onsite and describe in detail our plan for clean-up and disposal.
Site Description
The project site, which consists of approximately 6 acres, is located to the north of Sun
Forest Road and just west of Old Lystra Road (SR 1915) approximately 2 miles
southwest of its intersection with Mt. Carmel Church Road (SR 1008) and 4 miles south
of Chapel Hill, North Carolina. The Chatham-Orange County line bisects the property
near the southern property line. The majority of the property, including the impacted
stream reach, is located in Orange County. The project sits within the Cape Fear River

60 Sun Forest Way
Soil & Environmental Consultants, PA
March 16, 2007
Project No. lOlOS.WX
Basin. The impacted stream reach onsite is an unnamed tributary of Wilson Creek. A
vicinity map is provided in Figure 1.
Onsite Observations
The impacted stream onsite begins at a 24-inch reinforced concrete culvert at Old Lystra
Rd. at the eastern property line and runs generally west across the site. The stream varies
from two to five feet in width and is surrounded by established vegetation. The length of
impacted stream is approximately 340 feet.
Froin our site observations, sediment appears to have entered the reach primarily as a
result of grading operations associated with construction of the garage onsite and
unusually heavy rainfall within the past year. A few boulders were observed within the
stream channel. Much of the observed sediment deposition was coarse in texture,
naturally compacted, and relatively stable. Several natural grade control structures were
observed in the stream which have trapped sediment and prevented it from being
transported further downstream. Immediately upstream of these structures are the
deepest areas of sediment deposition. Areas of sediment deposition are identified on the
attached Sediment Delineation and Clean-up Plan (Sheets 1 through 3).
In-channel Sediment Deposition
Some sediment of varying depths was observed along the evaluated stream reach. For
ease of evaluation we have described observed sediment impacts into one of three
categories:
Category 1- In-channel sediment deposition approximately three (3) to six (6)
inches in thickness or greater within the active channel bed which will require
removal and proper disposal. This also includes boulders which have come to rest
within the stream channel as a result of upslope grading operations.
Category 2 - In-channel sediment deposition two (2) to three (3) inches in
thickness within the active channel which mawrequire removal and proper
disposal. These areas have stabilized and, in come cases, are naturally
revegetating. It is our opinion that the removal of these sediments may cause
stream instability including over-widening or over-deepening of the channel. The
disposition of these sediments will be determined by S&EC during clean-up
operations.
Category 3 - In-channel sediment deposition less than two (2) inches in thickness
within the active channel which will remain in place.
NOTE: Based on experience with similar in-channel sediment deposition
and subsequent clean-up operations and guidance from NCDENR-DWQ,
it is our opinion that deposition. layers less than approximately two (2)
inches in thickness should remain in place. Clean-up of thin layers within
the active channel bed can result in damage to the channel bed which will
exceed the temporary nature of localized thin layer°ed deposition.
Page 2 of 4

60 Sun Forest Way
Soil & Environmental Consultants, PA
March 16, 2007
Project No. lOlOS.WX
The impacted stream length has been identified on the attached maps (Figure 1 and
Sheets 1 through 3). Representative photos of the site and areas of sediment deposition
are attached.
Proposed Clean-up Operations
This clean-up plan has been prepared for the sole purpose of providing a systematic
approach to remove and/or stabilize in place sediment deposited into streams.
Based on our site observations and experience with similar projects, S&EC proposes the
following steps be performed to remove the existing sediment impacts onsite and reduce
the potential for future sediment impacts:
SteA 1 Repair (as necessary) and augment existing site Erosion and
Sediment (E&S) control measures including silt fence. All
additional E&S control measures and repairs should beperformed /
installed in accordance with NCDENR approved standards.
Temporary and permanent seeding measures should be applied at
the earliest opportunity across the site.
All existing and new E&S devices should be inspected and cleaned
out (sediment removed from upstream of the devices) as required
in the approved site Erosion and Sediment Control Plan. Typically
the frequency of inspection is weekly, and after each rainfall event
of 0.5 inches (or greater).
Step 2 To the extent required by DWQ, manually remove excess sediment
in the active channel (Category 1), as identified on the plan sheets.
Sediment will be excavated to a depth that reaches the streams
natural substrate (as directed by S&EC personnel). All in-stream
excavation will be performed by hand. Excavation will be
performed with manual labor using shovels (flat head or "sharp
shooter") and 5 gallon buckets. Caution will be applied so as not
to disturb the natural channel bed.
Recovered sediment will be transported away from any channel or
wetland areas and disposed of properly (in accordance with State
and local regulations). Any material disposed of onsite within
overburden areas will be immediately stabilized in place to reduce
the potential for erosion.
Step 3 Sediment of three inches or less will typically not be removed due
to the natural compaction and relative stability of sediment.
Sediment along channel banks that is not removed (Categories 2 &
3) will be stabilized with a native seed mix to help reestablish
vegetative cover and prevent further erosion. As previously
described, select areas within Category 2 may be field identified
Page 3 of 4

60 Sun Forest Way
Soil & Environmental Consultants, PA
March 16, 2007
Project No. lOlOS.WX
for removal if they are deemed unstable. These. areas will be
excavated as described above in Step 2.
A representative of S&EC will be onsite to thoroughly explain the proposed clean-up
operations. We will make periodic site visits to ensure that the general intent of our plan
is followed. Daily clean-up operations will be performed under the direct supervision of
an individual with a thorough understanding of the purpose and the delicate manner in
which manual methods should be performed.
Implementation Schedule
Following the review and approval of this plan, a contractor will be selected. The clean-
up work will be completed (barring any inclement weather) within 30 days of the
approval of this plan. A final report will be submitted to NCDENR-DWQ within two
weeks of the completion of site work.
Please contact me if you have any questions or comments regarding this impacts
delineation and clean-up plan. We thank you for your assistance and project input to date
and look forward to the successful completion of the clean-up phase of this project.
Sincerely,
SOIL & ENVIRONMEIN~~~i1~~NSULTANTS, PA
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o
Patrick K. Smi '~•g~~, ~o~~ Jessica E. Regan
NC License No. 255~~ ~~ ~~g~0~`R Environmental Scientist
Attachments: Figure 1 -Vicinity Map
Sheets 1-3 -Overall Site Plan and Sediment Delineation
Site Photos
Cc: Frank Sheffield
Matt Bolesky
Jason Payne, S&EC
Page 4 of 4

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O 105.WX Figure I - Vicinity Map a ~ ~ ~ 1 do V ~
Project Manager:
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Sediment Clean-up Plan j Soil & Fnviranmeirtat Consultants, PA
Scale: Orange County, NC • 1~°~n r w~ ad• R~~-,: r~ ~7s~a
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Site Photos
Photo 1-Impacted Stream Site
(note boulders and collapsed silt fence)
Photo 2- Start Channel at 24" Culvert under Old Lystra Rd.
Sun Forest Way Soi] & Environmental Consultants, PA

Site Photos
Photo 3-Woody Debris and Boulders in Area A
(looking upstream)
Photo 4-Sediment accumulation (Category 1) in Area B
(looking downstream from Flag B 1)
Sun Forest Way Soil & Environmental Consultants, PA

Site Photos
Photo 5-Sedimentation (Category 3) in Area C
(looking upstream)
Sun Forest Way Soil & Environmental Consultants, PA
Photo 6-Sediment acctimulation (Category 1) in Area D

Site Photos
Photo 7-Sediment accumulation (Category 2) in Area E2
(looking downstream)
Photo 8-Sediment accumulation (Categories 1 & 2) in Area G
(looking upstream)
Sun Forest Way Soil & Environmental Consultants, PA