20040954 Ver 3_401 Application_20071116

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Environmental Consultants, PA
Road Raleigh, North Cazolina 27614 Phone: [phone] Fax: [phone]
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Eric Alsmeyer
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27614
From: Debbie Edwards
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Brightwood Trails Subdivision-Phases 5 & 6
Durham, Durham County, NC
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On behalf of the owners, ST. Lawrence Homes (Attn: F. Robert Ohmann), please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the N.C.
Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permits 29 and General
Water Quality Certifications 3705. In addition, written authorization from the NC-DWQ is requested for activities proposed to
impact Neuse River Buffers. Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Bri htwood rails Subdivision
Project T e Residenfial Subdivision
Owner / A licant ST. Lawrence Homes
Coun Durham
Nearest Town Durham
Waterbod Name UT to Lick Creek
Basin /Sub-basin Neuse
Index Number 27-11- 0.5
Class WS-IV; NSW
USGS Catalo in Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.009
Wetland Impact (acres): 0.172
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.181
Total Stream Impact (linear feet): 139
Total Riparian Buffer Impacts (square feet): 13,250
Attachments:
Pre-construction Notification (PCN) Application Form
USGS Topographic Map & NRCS Soil Survey Map
Agent Authorization Form
EEP Acceptance Letter (dated 11/14/07)
DWQ Buffer Determination Letters (04-094)
Signed JD and Buffer Map (AID#200420413)
DWQ 401 Approval (DWQ # 04-0954)
USAGE 404 Verification (AID#200420594,
200421570 & 200421571)
JD Information Sheet (AID#200420413)
[mpact Exhibits & Overall Site Plan
Approved Stormwater Management Plan
$240.00 Application Fee to DWQ
:harlotte Office:
;36 LePhillip Court, Suite C
'oncord, NC 28025
'hone: [phone]
~ax: [phone]
www.SandEC.com
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N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250 ~
Raleigh, NC 27604-2260 t1 {;~ ~ ~s, (~M ~ 1~1
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
~~ ~ } November 16, 2007
S&EC Project # 8118.W2

0 7 - ~ 4 8
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
II.
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina 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 M e n~,~i u ~1
Environmental Concern (see the top of page 2 for further details), check ~; a
Applicant Information
Owner/Applicant Information
Name: ST.
NAV ~ s zo~7
Mailing Address: 7200 Falls of the Neuse Road. Suite 300
Raleigh, NC 27615
Telephone Number: 919-676-8980 Fax Number: 919-844-6000
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Debbie Edwards
Company Affiliation: Soil & Environmental Consultants. PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: dedwards(a~sandec.com
Page 1 of 10

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: Brightwood Trails Subdivision-Phases 5 & 6
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0850-04-84-3960
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Brightwood Trails Subdivision-Phases 5 &
6
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh qo west
on Hwy 70. Take a right onto Sherron Road (S.R. 1811). The site is located on the
south side of Sherron Road, approximately 2 miles from its intersection of Hwy 70
and Sherron Road.
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): 35.9605 °N 78.8039 °W
6. Property size (acres): +/- 146 acres
7. Name of nearest receiving body of water: UT to Lick Creek WS-IV;NSW 27-11-(0.5)
8. River Basin: Neuse 03-04-01 (HUC # 03020201)
(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: Phases 1-4 of Brightwood Trails Subdivision are
Page 2 of 10

currently being developed. The north and west areas surrounding the parcel are
primarily residential homes. The area to the east and south are primarily wooded.
10. Describe the overall project in detail, including the type of equipment to be used:
The purposed project is for a single family-family residential subdivision. Impacts
are due to the installation of the roadway infrastructure that will connect the
subdivision to Sherron Road. Heavy equipment typically used for grading and road
construction will be employed for this project.
11. Explain the purpose of the proposed work:
The purpose of the work is to provide a roadway infrastructure to the Brightwood
Trails subdivision.
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.
In April and May of 2003, S&EC performed a detailed wetland and Neuse River Buffer
evaluation. Prior to finalizing construction plans the USACE agreed with S&EC's
delineation (AID #200420413). On March 18, 2004 Mr. Steve Mitchell, formally of the
NCDW_ Q, wrote a letter confirming Neuse Buffer determinations that were conducted
onsite (NBR #04-094), in addition to stamping a buffer determination map dated June
18, 2004 for features specific to this site (see attached). On Mav 11, 2004, Mr. Mike
Horan, formally of the NCDWQ and Todd Tugwell, formally of the USACE visited the
site to make importance and perennial determinations; no letter was ever received by
the client or S&EC to confirm these calls.
On July 27, 2004, the Division of Water Quality issued an approval of 401 Water Quality
Certification and on Mav 2, 2005, the Division of Water Quality issued a revision to the
above approval (DWQ # 04-0954). On June 30, 2005, the USACE issued the 404
verification .(AID#200420594, 200421570 & 200421571). Furthermore, on February 15,
2006, the USACE received the revised jurisdictional determination map which includes
the drained ponds within our property boundaries. At the time of receipt, the USACE
could not sign jurisdictional determination maps because of Rapanos (see attached
letter dated December 12, 2006).
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 are anticipated at this time.
Page 3 of 10

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
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Proposed permanent impacts to this site include 139 linear feet of perennial/important
channel and 0.172 acres of jurisdictional wetlands for the construction of road
crossings, utility easements and lot fill.
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 impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no) linear feet)
Impact A Permanent- Pipe & Herbaceous No 600' 0
013
NWP 29 Fill .
Impact B Permanent- Pipe & Herbaceous No 700' 0
011
NWP 29 Fill .
Impact D-1
NWP 29 Permanent-Lot Fill Emergent No 200' 0.011
Impact D-2
NWP 29 Permanent-Road Fill Emergent No 175' 0.045
Impact E-1
NWP 29 Permanent-Utility Fill Emergent No 200' 0.054
Impact E-2
NWP 29 Permanent-Lot Fill Emergent No 200' 0.034
Impact F
NWP 29 Permanent-Road Fill Emergent No 50' 0.004
Total Wetland Impact (acres) 0.172
3. List the total acreage (estimated) of all existing wetlands on the property: ± 9.83 acres
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
Page 4 of ] 0

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
must be included. To 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 ma Before Im act (linear feet acres
Impact C UT to Lick Creek Permanent- Perennial 2'-3' 139 0
009
NWP 29 Culvert .
Total Stream Impact (by length and acreage) 139 0.009
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, dredging, flooding, drainage, 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 nroiect:
Stream Impact (acres): 0.009
Wetland Impact (acres): 0.172
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.181
Total Stream Impact (linear feet): 139
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.
There are no isolated wetlands onsite.
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
Page 5 of 10

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.
The applicant hired S&EC to complete a detailed wetland delineation and Neuse
Buffer determination on the entire property to aid in developing a site plan that avoids &
minimizes impacts to the maximum extent practicable. Road crossing were designed
at perpendicular angles to minimize impacts. Impact's A & B are proposed road
crossings to linear wetlands, both necessary to access the southern portion of the site.
Additionally, Impact B was designed in a location below the Neuse River Buffer to
further minimize riparian buffer impacts. Impact C is a proposed road crossing to a
perennial, buffered stream. This road crossing was also designed at a perpendicular
angle to minimize impacts and is necessary to access the northern portion of the site.
Impact D, E and F are all proposed emergent wetland fill areas necessary for road
impacts, lot fill and permanent utility easements. It is important to emphasize that the
applicant avoided impacts to Lick Creek and the intermittent/unimportant stream in the
southern most portion of the site.
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.
USAGE - 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 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.
Page 6 of 10

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/strmaide.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.
Permanent impacts to perennial/important streams are less than 150 linear feet
,rpically mitigation is not required by the USACE or the NCDWQ for impacts less
than 150 linear feet of perennial streams therefore no stream mitigation is proposed
However, permanent impact to iurisdictional wetlands are greater than 010
therefore the applicant proposes payment to the Ecosystem Enhancement Proaram
riEEP) for wetland mitiaation. Additionally through a conversation with Eric
Alsmeyer, since iurisdictional wetland impacts include riparian and non-riparian
wetlands, the mitigation payment will utilize the riparian wetland fee catego of the
EEP In-Lieu Fee Program.
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 httn://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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.172
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) 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 7 of 10

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 multipliers.
Impact C-Road Crossin
Zone* Impact
(s ware feet) Multiplier Required
Miti ation
1 8,122 3 (2 for Catawba) N/A
2 4,971 1.5 N/A
Total 13,093 N/A
Impact F-Road Fill Slopes
Zone* Impact
s uare feet) Multiplier Required
Miti ation
1 0 3 (2 for Catawba) N/A
2 157 1.5 N/A
Total 157 N/A
Total Proposed Buffer Impacts
Zone* Impact
s uare feet) Multiplier Required
Miti ation
1 8,122 3 (2 for Catawba) N/A
2 5,128 1.5 N/A
Total 13,250 N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 8 of 10

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.
Riparian buffer impacts proposed are considered an "allowable" use according to
NCAC 2B .0233(6) and therefore do not require buffer mitigation.
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.
The overall impervious acreage is planned to be 32.1 acres (21 9% impervious) The
stormwater management plan (SMP) was submitted to the City of Durham and
approved on March 21. 2005. This approval is represented by the attached maps
identified as Brightwood Trails Construction Plan Submittal that have been signed and
dated March 21, 2005.. Phases 1, 2 3 and 4 of the site plan are either being
constructed or have been constructed, including BMP's approved by the City of
Durham.
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 development will connect to an existing sanitary sewer system. The local
municipality will ensure that this development does not exceed the available capacity of
the facility.
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
Page 9 of 10

Quality Certification and Isolated Wetland Programs" document prepared by the NC
Division of Water Quality on April 10, 2004, version 2.1. The draft states that most
residential subdivisions are unlikely to cause cumulative impacts. This residential
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
guantitative 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
November
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10

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8118.W2 1" = 1320' SOURCE: 11010 Raven Ridge Rd.
BRIGHTWOOD TRAILS SUBDIVISION
Project Mgr. Drawn By: DURHAM COUNTY Raleigh, NC 27614
DE MM ST. LAWRENCE HOMES SOIL SURVEY 9198465900
Date: 10/30107 DURHAM, NC

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1?hone: 9~~- G 76- FrP~+o /4~p - ~'yy -G ooa
Project Name/ ~scrlptiorl: (•~~lb ~~~~_r{_/ S&sEC Pr©j~ec+t ~
D~~: No U
The Departrrient of t11e Army
U.S. Army Corps of Brrgineers, Wilcningto~ Dlelri~,t
P!O. Box 189'(}
W'iln~izlgt~, NC 2F34.D2
.---
Fie2cl Offlne: _ f''~4~ ~ cl~.
Ire: Wetlands $ielat~ed Consulting gnd d'ernvtting
To V1rh,orra It May Concerat:
i, ttre current r r o~n~ner, hereb}r designate and aut}torize Soil & En~ti~ranmental forr~u?tants, PA try
act in my behalf as my agent in the pTOCessing of permit applications,, to furnish upl~n request
suppl~rtesttal irtformaticut in support of a~rplcaticrrls, etr. from this day .far4vaxd. Tl~e ~a '~' day of
This notification supersedes any previous carr~spoxadczue ~concernin~ the $gent for this project
lw'O'T.IC~~ 'T'his awtluoriz~tion, for liability and ~rofessiortal courtesy rea®ons, is valid only for
goveriuaaent ~officfmtle~ ho enter the pro~gerty when accompanled by S&fi~C staff. Yotr should call. SBtifiC
to aaramge a axte sneetiryg;prior to siting the site_
1Sri.nt Property Owner's Name
cc: Ms. Cyndi Karoly
NCDENR - DGv'Q
2321 Crabtree Bouleti•ard
Rol ci gh, NC 27604
Property Owner's Sign. tyre
ACC: Pv4~. Deb't]il' T~,ward~9
Soil & Environcrlen~tal Consultants, PFD,
Ch~,}4lar nl'llCe: Sjtctn~hartti O~ARcr;
236 LePhilli~r Cauri, Sutk C 35S?,E hawnllde 1~ciuc
Cotlarxel, NC.2H1125 dr~onabcm, Nt" 2455
P'ht~n~: (704) Z2f}=9dOS ~ P9ud~c: j336) S40-623d~
Fax: ~(7~.1) 720.9dOb Flax: (335) 5dC/-8.2.35

-~ ~Fcos~ystem :u
PROGRAM
November 14, 2007
F. Robert Ohmann
St. Lawrence Homes
7200 Falls of the Neuse Road suite 300
Raleigh, NC 27615 Expiration of Acceptance: May 14, 2008
Project: Brightwood Trails Subdivision County: DURHAM
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does no[ assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 CertiP-cation/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
NEUSE
03020201 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
{Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
I-npacts 0 0 0 0.172 0.15 0 0 0
Credits 0 0 0 0.344 0.30 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Eric Alsmeyer, USAGE-Raleigh
Debbie Edwards, agent
File
IL~StDYl.YI~.,. F ~ ... PYDtBC~ OGGY .ltatL
~~~
NGDE~R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 ! www.nceep.net

\oaOF W AT ~9pG
~ r
7 ~
O `C
Todd Preuninger
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, N.C. 27614
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
March 18, 2004
c/56(oWO h~;-i CG ~ (~rY
Subject: Neuse River Basin Riparian Buffer Rules
NBR 04-094
S&EC Project No. 5566
Village Creek Tract
Formerly Sherron Road Tract
DWQ Certification #00-1455
Durham County
Dear Mr. Preuninger:
I have reviewed the information submitted for the project referenced by the Raleigh Regional Office as
NBR 04-094. An evaluation of the stream features on the property represented on the Durham County
Soils and the USGS East Durham topographic quadrangle map was performed.
The Division of Water Quality (DWQ) has determined that there are numerous surface water features
indicated on the maps that are present on the ground as a streams and therefore subject to buffer
protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code 15A:20B.0233. Features 2, 3, 7, 8, 11, 12,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 29, 30, 37, 38, 39, and 40 were determined to be subject within
the tract. Features 1, 4, 5, 6, 9, 10, 13, 14, 15, 26, 28, 31, 32, 33, 34, 35, and 36 are not subject. Please
review the attached delineation map for a correlation of the stream features and their locations within the
property. This onsite determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination that a water body exists and that it is subject
to the buffer rule may request a determination by the Director. Such a request shall be referred tc the
Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, N.C.
27604. Individuals that dispute a determination that "exempts" a surface water from the rule may ask for
an adjudicatory hearing. Action must be taken 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 the 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 that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, Post Office Box 27447, Raleigh, N.C. 27611-7447.
The determination is final and binding unless a request is presented within the 60 days.
This letter addresses only those issues involving the riparian area. For information relative to
_~~~
Raleigh Regional Office 1628 Mail Service Center NCtaEP;q phone [phone] Customer Service
Water Quality Section Raieigh, NC 27699-1628 facsimile [phone] 1-877-623-6748

other impacts, 401/404, or wetland issues, please contact Mr. John Dorney at 919-733-1786. Thank you
for your attention to this matter and if this Office can be of any other assistance or if you have additional
questions, please do not hesitate to contact me at 919-571-4700.
Sincerely,
Steve Mitchell
Environmental Scientist
Cc: RRO/John Dorney/I,and Quality
h:\buflet.for\bufi~4\villagck.094

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Project #: Scale:
00.5566 1" = 1320'
Project Date: Figure 2 - $011$UCV~Y •
Priest, Craven, & Associates ® Soil & Environmental Consultants, Inc.
Mgr.: P. J. 7117100 11010 Raven Ridge Rd.• Raleigh, NC 27614
-- Sherran Rd. [phone] • [phone]
Durham, Durham County, NC
- Web Page: www.SandEC.com

O~O~ W AT FR pG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
> [ North Carolina Department of Environment and Natural Resources
~ "< Alan W. Klimek, P.E. Director
Division of Water Quality
May 2; 2005
- - - DWQ Project # 04-0954
MAY 0 5 2005 Durham County
St. Lawrence Homes
7200 Falls of Neuse Road, Suite 300
Raleigh, NC 27615 l~_____.________.._. _--,.:.___w... _.___ .. !:
Subject Property: Brightleaf Sewer Outfall
Lick Creek [03-04-01, 27-11-(0.5) WS-IV, NSW (nutrient sensitive)]
REVISED Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.19 acres of wetlands, 31 feet of streams, and 1,208 square feet (ft2) of Zone
1 buffers of the protected riparian buffers and 3,755 square feet (ftZ) of Zone 2 of the protected ripazian
buffers for the purpose of a sewer outfall at the subject property;, as described within your application
dated June 11, 2004 and received by the N.C. Division of Water Quality (DWQ) on June 14, 2004 with
the revised application received Apri125, 2005. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3374 (GC3374). The
Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected ripazian buffers per 15A NCAC 2B ..0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional cc ~ditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
NorthCazolina
401 OversighUExpress Review Unit ~atuCaay
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 r=nn~r (lnnnrfun:h.MKi.mnlivn Anlinn Cmninvn. Cno/ Dn....nIn.IN no/ n,.... !` .............. n...,,..

St. Lawrence Homes
Page 3 of 3
May 2, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal nndlor civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or LAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved,wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Debbie Edwards or Cyndi Karoly at 919-733-1786.
Sincerely,
`IG~~
AWKlcbk/bs
Alan W. Klimek, P.E.
Enclosures: GC 3374
Certificate of Completion
cc: Todd Preuninger, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 04-0954 BrighUeaf Sewer Outfall (Durham) 401 NBR MOD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200420594 200421570 200421571 County: Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Rhein Brightleaf, LLC
Attn: Mr. Richard Westmoreland
Mailing Address: 4000 Westchase Boulevard, Suite 310
Raleigh, North Carolina 27607
Authorized Agent: Soil & Environmental Consultants, Inc.
Attn: Mr. Todd Preuninger
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone No.: [phone]
Telephone No.: [phone]
S ~~ ~ tn~ Cl
Location of property (road name/number, town, etc.): The project (Brightleaf at the Park) is located north of Highway
70 and east of Sherron Road, in Durham, North Carolina.
Site Coordinates: 35.95326071 °N 78.8172496 °W
Waterway: Lick Creek
USGS Quad: Southeast Durham
River Basin: Neuse HUC: 03020201
Description of projects area and activity (see page 2 for a summary of authorized impacts): Activities associated with the
proposed project include mechanized land clearing, excavation, the installation of culverts and sewerlines, and the
placement of backfill and riprap stabilization, necessary for the construction of utility lines, stormwater devices, lot
fill and road crossings.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 12 18 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
pernuttee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Todd Tugwell at telephone [phone], ezt 26.
Corps Regulatory Official- Date: 06/30/2005 Verification Expiration Date: 03/18/2007
Copy Furnished: NC Ecosystem Enha cement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619
Page 1 of 2

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
notification.
^ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 04/12/2004 (Action ID: 200420594.).
Basis. of Jurisdictional Determination: The project site contains an named tributaries to Lick Creek, and adjacent wetlands,
which flow into the Neuse River, a navigable waterway.
Corps Regulatory Official ,~- Date: 06/30/2005 Determination Expiration Date: 10/07/2009
Summary f Authorized Tmnartc and RPmiirnrl Mitiaa*inn
Action ID NWP / GP Open Water ac) Wetland (ac) ^ Unim ortant Steam 1 Im ortant Stream (1f)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200420594 12 0.364 182 302
200421570 18 0.030
200421571 39 0.299 1235 299

Im act Totals 0 0 0.364 0.329 182 1235 302 299
Total Loss of Waters of the U.S. (ac) 0.329 Total Loss of Waters of the U.S. (lf) 1534
Re uired Wetland Mitigation (ac) 0.5 In-Lieu/EEP Re uired Stream Mitigation lf) 299 In-Lieu/EEP
Additional Remarks and/or Special Permit Conditions:
1. The permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the
amount determined by the NCEEP, sufficient to perform the restoration of 0.5 acres of riparian wetlands and 299
linear feet of warm water stream channel in the Neuse River Basin, Cataloging Unit 03020201. Construction
within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance
with the MOU between the North Carolina Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
2. The Permittee shall cause to be recorded in the Register of Deeds for Durham County restrictive covenants, the
form of which is attached as Exhibit A, for the purpose of maintaining proposed conservation areas in their
natural state in perpetuity. The permittee shall also cause to be recorded a plat, showing the subdivision plan for
the property, the boundary of the conservation areas, and the boundary of jurisdictional waters of the United
States. The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded prior to the
sale or conveyance of any lots, phases, or other property within the subdivision. The permittee shall enforce the
terms of the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no action on the
property described in the deed inconsistent with the terms thereof.
Page 2 of 2

DEC. 1,. ~~~~6 ~:51PP~'i 6RO~DSTREET HOfviES ~~'S. 1~2 P. 2
Lr.S. A.'S.'' CARPS ®~` E~T~INEERS
~TII.~MINGTON DISTRICT
rlctioi: ID. 200420413 County: Durham U.S.G.S. Quad: Southeast nurham
JUluSDZC7CIONAL INFORMATION SHEET
Property Owner: St. Lawrence Homes, inc.
Attu; Cr,11d3r1: Teanue
Address: 7200 );+'al.ls of Nense Road, Ste. 300
Raleigh, NC 27615
Telephone No.:
Agent: Soil & Environmental Consultants, PA
ATTN: Chris ;Flowvers
Address: 11010 Raven Ridge Road
Raleigh NC 27G14
• Telephone Nb.: 919-346-5900 -
T.ocation of property (waterbody, road name/number, to«7n, etc.)
at SR 1911 (Bolder IZoad1. southeast of burham, NC.
Site Coordinates: 35,9ti31°N 78,S02°W
"Briahtwood Trails" Aroperh~; southwest of Sherron Road,
In the wake of the recent Supreme Court decisions in United States v. Rapanos and United States v. Carabell, the U.S. Army
Corps of Engineers and the Environmental Protection Agency are examining the methods in which we describe and document
jurisdictional determinations (JDs) pltrsuant to the Clean Water Act (CWA). In order to allow the Corps and EPA to prepare and
issue substantive guidance, the Wilmington District is, in accordance with b idance from our Headquarters and to the extent
circtunstances allow, delaying making CW.A jurisdictional determinations for areas beyond the limits oftraditional navi;aUle
waters (Section 10 waters) until new guidance is issued.
I am in receipt of the information you have provided to the U.S. Army Corps of P.ngineers regarding CWA jurisdiction over the
property described above. Based upon the regulations and b idance available to this agency prier to the decisiwis in United States
v. Rapanos and United States v. Carabell, it appears that the proposed jurisdictional boundaries you have providedto this office
are accurate. However, until final guidance is issued, I will not be able to make a final determination of GWA jurisdiction on the
referenced property.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (3? USC 1 ~ 11). If you have any questions regarding this information
sheet and/or the Corps regulatory program, please contact Eric Alsmever at 919-S76-S441, est. 23.
Remarks : -
Cotps Rego atory Official:
Date 12/12 i200G
Copy fiirnis ed (by f~:): S&EC

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BASS, NIXON & KENNEDY, INC.
CONSULTING ENGINEERS
•6810 CHAPEL HILL ROAD, SUITE 260
RALEIGH, NORTH CAROLINA 27607
•'1060SE LIGON MILL ROAD
WAKE FOREST, NORTH CAROLINA 27667
.TELEPHONE: (~1~1-u~ OR (~18~~
FAX: (si1Y)s6'~6666 (Rd.1,17i191670-7862 (WF)
•www.BNKlne.eom
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