20001248 Ver 1_COMPLETE FILE_20000927

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
D E N R
October 26, 2000
DWQ# 00-1248
Durham County
Adam Lichtin
Lichtin Corporation
3110 Edwards Mill Road
Raleigh, NC, 27612
APPROVAL of Neuse River Buffer Rules
Dear Mr. Lichtin:
You have our approval to construct a road crossing over Stirrup Iron Creek at the Arringdon project in
Durham County, as described in your application received by the Division of Water Quality on September 27,
2000. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3287. This approval is valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In
addition, you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a new approval
or certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
. Steven
Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post consumer paper
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC, 27614
001248

Environmental Consultants, Inc.
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
September 27, 2000
S&EC, Inc. Project #99-4509
US Army Corps of Engineers-Regulatory NCDENR-DWQ ()01248
Attn: Mr. Todd Tugwell Attn: Mr. John Dorney 6508 Falls of Neuse Road, Suite 120 4401 Reedy Creek Rd.
Raleigh, NC 27615 Raleigh, NC 27607
Dear Mr. Tugwell and Mr. Dorney:
The purpose of this letter is to notify the US Army Corps of Engineers (USACE) of our client's request to
use Nationwide Permit 39 for the proposed mixed-use project known as Arringdon. Additionally, we
request confirmation of compliance with the Neuse River buffer regulations from the NC Division of Water
Quality (DWQ). The property is located east of Page Road (SR 1973) and north of Interstate 40 along the
Durham and Wake County line. The site is shown on the attached plans and USGS Topo Quad vicinity
map. Impacts totaling 0.112 acres of vegetated wetland and 0 linear feet of Waters are proposed (see
impact map). Proposed impacts will be in the form of lot fills. A proposed road crossing over
jurisdictional `Waters' will occur in the form of an arched culvert resulting in no stream impact (see impact
map). 'Because proposed impacts are below NW 39 DWQ wetland impact notification thresholds (less
than 113 acres and 150 linear feet) this application does not require written concurrence from the
DWQ for use of the 401 certification. The DWQ is being notified of the proposed impacts for
Arringdon due to Neuse River buffer impacts for 1 road crossing (see attached). Stormwater
treatment should not be required since a 401 is not required.
Surface waters subject to the Neuse River buffer regulations have been confirmed by the DWQ (NBRRO
99 107-see attached letter). Proposed impacts to the riparian buffer are one perpendicular road crossing
with 140 feet clearing limits (see attached). The proposed impacts are allowed under the current Neuse
River buffer regulations without requiring a variance from the Environmental Management Commission
and without buffer mitigation.
S&EC believes no further mitigation should be required for the Arringdon project based on the amount of
impacts proposed. Minimization and avoidance has been demonstrated by the location of structures
relative to wetlands and the use of arched culverts for a proposed stream crossing (see attached). If for
some reason mitigation is required by the USACE, our client proposes payment into the North Carolina
Wetland Restoration Fund.
Included are: (1) a completed Pre-Construction Notification application, (2) Agent Authorization Form, (3)
USGS Site Vicinity Map, (4) Site Plans, (5) DWQ Neuse River buffer letter, and (6) Wetland Delineation
Forms.
Please call if you have questions or require further information. If you intend to perform site visits please
call and we will arrange for someone to accompany you.
Sincerely,
A? 'al
Wendell Overby
wo
k SEP 2 7 2000
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic S
Neuse Basin and Watershed Buffer Evaluations Groundwater Hvdro
P,,
Western Branch Offices: [phone] • [phone] • [phone]
DWQ ID:
?)o1248
Corps Action ID: 200020096
Nationwide Permit Requested (Provide Nationwide Permit #): 39
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Lichtin Corporation (Adam Lichtin)
2.
Mailing Address: 3110 Edwards Mill Road
Subdivision Name: Arringdon
City: Raleigh State: NC
Zip Code: 27612
Project location address, including subdivision name (if different from mailing address
above): North of I-40, West of 540, East of Page Rd in Durham (SR 1973), south of
Comstock Rd (SR 1972).
3) Telephone Number (Home):
(Work): 919.783.6000
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil and Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road Fax: [phone]
Raleigh, NC 27614
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Durham Nearest town or city: Durham
Specific Location (include road numbers, landmarks, etc.):
see above and enclosed USGS vicinity map
6. Impacted or nearest stream/ river: Stirrup Iron
River Basin: Neese
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstandi resource waters (ORW), water supply (WS-I or WS-
II)? YES ? NO a If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO
7c
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have an Section 404 permits been previously requested for use on this property?
YES ?y NO ® If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ? NO ® If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land
96.15
9b. Estimated total number or acres of wetlands located on project site: 0.38
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.11
Flooding:
Drainage:
Excavation:
Other:
Total acres to be impacted: 0.112
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: n/a
After: n/a
Width Before (based on normal high water contours)
Width After: n/a
n/a
Average depth before: n/a
After: n/a
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel: ?
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other: no channel impacts proposed
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? no pond proposed
What is the expected pond surface area? n/a
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Construction of mixed-use project. Heavy machinery will be used for grading and
clearing of areas shown on site plan.
13. Purpose of proposed work: Construction of commercial and mixed use facilities
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): No channel impacts
other than <150' of buffer clearing for 1 road xing. Crossing will involve arched
culverts that span creek. Avoidance of largest wetland area 'D'.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
To be done by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted: To be done
USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ? NO ?
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Commercial, residential, and
farmland
f. If applicable, what is proposed method of sewage disposal? Municipal
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the No C olina Coastal Management program.
Owner's/Agent' S Sig a re Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
09/?1/2000 09:38 9198525534 BBM ASSOCIATES INC PAGE 02
Sep 19 00 11:48, Lichtin Corporation 919-763-7220 p.2
09/15/2000 '66:47 9196525594 BBM ASSOCIATES TNC PAGE 02
09112/2000 08:47 9198469467 S EC PAGE: 02
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JAMES B. HUNT JR,
GOVERNOR
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 28, 1999
Mr. Wendell Overby
S&EC, Inc.
244 West Millbrook Road
Raleigh, NC 27609
I ? . J? JN - 2199 ' ! ? i
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 99 107
Page Road / Comstock Road Property
Wake County
Dear Mr. Overby:
On May 5, 1999, I conducted a site visit of the stream features involved in the above
referenced project. It was determined as a result of the site visit that the water body
channels present on the property were intermittent streams and therefore subject to the
Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC
0233). The intermittent channels and the approximate placement of the buffer area is
defined on the attached plan. The entire length of channel A is shown protected. The
starting point of the Neuse Buffer on the remaining channels are located as follows flag #47
on channel B, flag #32 on channel C, and flag #200 on channel D.
This office has assigned the reference number of NBRRO 99 107 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 245.
Sincer ly,
harles Brown
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let\nbr99107.let
3800 BAR RETT DRIVE. SUITE 101, RALEIGH. NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109x' POST-CONSUMER PAPER
Delineation Performed by: Soil & Environmental Consultants, Inc.
W01L AN D 244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
N "(Z F-LA& 35 Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manuals/s /"??q
Project/Site: A497 RC Date:
Applicant/Owner: Pavdlm Fftlk County: put-n4in
W k'r- m el-( State: ti e-
Investigator:
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
10 No Community ID:
yes do Transit ID:
Yes d!n Plot ID: _
Dominant Plant Species
9. tw?rJw s?2v??q
10. nR?vc n z n
11. 6M J LA k Rf3TV001 4
Dominant Plant Species tratum
r
Indicat!2
1. ?c.vws ?tw+rl2tcM+A T F'AG+N
2. Qv?'12cu, f4??? Y FAw-
NY5sX SYLV4-'MA
3 T FAC-
.
d i U)s 90T-JO +ft+u A
4 V FA c
.
?IOv??A++??"Q s?Y.
5 T FA C-0
.
6. ?NtL2u57t'??V... It N 1
7. VlWlaNtve^
8. &M RV02V"% F-AZ -
tratum Idicator
>J OO L
?- FAc
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 2 " (m.)
Depth to Free Water in Pit: 0-12. (in.)
Depth to Saturated Soil:
0 -1? (in.)
Remarks:

Wetiand Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Sc con IM Indicators: (2 or more required)
X Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
?? FAC Neutral Test
Other (explain in remarks)
WLdata.frm
SOILS
Map Unit Name
(Series and Phase): W e Vi eco KX, Drainage Class: & t-,q
Field Observations
Taxonomy (Subgroup): F1-uvAwewyc- NvoA-gyty1S Confirm Mapped Type? I8 No
Profile Description:
DWAh Matrix Color
(ing.
D- (a H A o Moist)
Munsell n ( toyR /t
b- I-e _15, I)O Y 2 411
Hydric Soil Lndic AM:
Mottle Colors M Texture Concretions,
(Munsell Moist) Abundance/ Contras t Structure etc
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
? Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
L
_ Concretions
- High Organic Content in Surface Layer in Sandy Soil
_ Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
? Listed on National Hydric Soils List
- Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? YV No
Wetland Hydrology Present? No
Hydric Soils Present? No
is This Sampling Point Within a Wetland? ? No
Remarks:
WLdata.frm
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road Avenue 231 16th NC 28601
U PC A N P Raleigh, NC 27609 Hickory,
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: PA" W Date: 51f /99
Applicant/Owner: been Fwk County. oupH4in
W u'J C"y State: Nc
Investigator:
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Do minant Plant Species traW
1. PINuS •rrtepA T
2.W110Of-WORcW T
3• Tor- tR'PA
4 MBA P u 9,
2?n?
T
5. CARPwO Cgpo ?N1AMl1 T
6. a 4t w wS Fwit4014 5
7. LUN u.eVn .3"& +ICA I/
8. 1L" OPACq 5
ao No Community ID:
Yes a Transit ID:
Yes 6P Plot ID: ll P t. ON o
Indicator pominant nt Species , tratum n i r
r&C' 9. WAGUS 6aqupIMu1111 T F?W-o
F4K
F /tc
?rArl
11
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
_ No Recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil:

Remarks:
.50
Wetland H rology Indicators:
r
Inundated
Z- Saturated in Upper 12 Inches
Water Marks
Drift Lines
?- Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
other (explain in remarks)
WLdata.frm
SOILS
Map Unit Name
(Series and Phase): M A`? 00 Ate' Drainage Class: W 1,
Field Observations
Taxonomy (Subgroup): -1-YP IL HAP L U OUL-1 Confirm Mapped Type? (S No
Profile Description:
D-eptl Matrix Color Mottle Colors Mottle Texture Concretions,
(us,) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-4 A lo`(R g/Z Sl,
4-I0 EB iolp ply 5L
ro-IH Bt YR S/g scc
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? )qD No
Wetland Hydrology Present? Yes d9"d
Hydric Soils Present? Yes 10
Is This Sampling Point Within a Wetland? Yes .STD
Remarks:
WLdata.frm
MEMORANDUM
TO: John Dorney Regional Contact: Charles Brown
Non-Discharge Branch WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Arrin2don c/o Lichtin Cor
Project Number 00 1248
Recvd From APP
Received Date 9/27/00 Recvd By Region
Project Type commercial
County Durham
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet as
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 ? O Y O N F 27-33-4-2 C NSW 30,402. 0.11 F F_ F-
NBR F_OY (D" F F-F-F-F-F-F- F_F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y (0 N Did you request more info? 0 Y0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: * Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 355249 Longitude (ddmmss) 784926
Comments:
Impacts are less than 1/3 of an acre and road crossing are allowable. They are installing open
bottom arched crossing and all stormwater is sheet flow,
cc: Regional Office
Central Office Page Number 1
Facility Name Arringdon c/o Lichtin Corp County Durham
Project Number 00 1248 Regional Contact: Charles Brown
Date:
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
Re: Arringdon Project
Subject: Re: Arringdon Project
Date: Wed, 13 Sep 2000 08:53:43 -0400
From: John Dorney <[e-mail]>
To: tstjohn <[e-mail]>
CC: Andy Padiak <[e-mail]>, [e-mail]
I'd say better leave room for a constucted wetland if the river basin is nutrient
sentitive or a wet pond if not.
tstjohn wrote:
> I am on vacation right now... but i'll be back friday... then i'll be gone 'till
> October... if you have to notify you'll likely have stormwater... if this
> doesn't answer your question feel free to call me on friday... if you need an
> answer sooner, please call John Dorney or Cyndi Karoly at [phone] or
> email them... tell them what river basin you're in and what permit the the USACE
> is going to use (ie NW 14, NW 39, etc.)
> Andy Padiak wrote:
> > Todd :
> > We are working on a master plan for a large mixed-use development (96 acres)
> > in Durham. We are going to be notifying that we need to fill in a small
> > amount of wetlands in order to construct a roadway crossing very soon. We
> > would like to set up a meeting with you in order to get your thoughts on
> > whether or not we will need water quality ponds.
> > Please give me a call or send me an e-mail.
> > Thank you,
> > Andrew Padiak
> > Project Manager
> > BBM Associates, Inc.
> > 527 Keisler Drive, Suite 104
> > Cary, North Carolina 27511
> > 919-852-5540
1 01 ,1 10/26/00 4:50 PM