20200239 Ver 1_401 Application_20200212

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February 12, 2020
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Office 401 & Buffer Permitting Unit
Attn: Mr. Chris Hopper Attm Ms. Karen Higgins
3331 Heritage Trade Drive 512 N. Salisbury Street
Suite 105 Raleigh, NC 27604
Wake Forest, NC 27587
Re: 3719 Bivins Road Property
Request for NWP 29/GC 4139 & Riparian Buffer Compliance
SAW-2019-01420
NBRRO #19-148
Sage Project #2019.36
On behalf of Ms. Nicola Kim (applicant and owner), please find attached a complete application
and supplemental information requesting written concurrence from the US Army Corps of
Engineers (USACE) and the North Carolina Division of Water Resources (NCDWR) that the
proposed activities on the 3719 Bivins Road property (Project) may proceed under Nationwide
Permit (NWP) 29 and General Certification (GC) 4139 and comply with the Neuse River Basin
Buffer Rules.
Protect Location and Purpose
The +/-14.35-acre project is located at 3719 Bivins Road in Durham, along the Durham and
Orange County line. Durham County lists the parcel PIN as 0805-88-14-3599 and Orange County
lists the parcel PIN as 0805-78-7445. The approximate center of the property is located at
Latitude: 36.108622' N, Longitude: 78.972304' W.
The purpose of the proposed project is to construct a single-family residential home with
associated driveway and utilities. The driveway was originally proposed to utilize an existing
dirt/gravel farm path that extends across the pond dam however after evaluation it was
determined that the dam required reconstruction due to the existence of large trees and failed
outlet pipe.
Project History
The Site is primarily wooded land. A house without indoor plumbing and its associated
outbuildings (e.g. barns, sheds, etc.) are located adjacent to Bivins Road in the southeastern
corner of the Site. The forested stands on the Site vary in composition and age throughout the
3719 Bivins Road Property Page 1 of 3

site. Undeveloped, forested land, agriculture and rural residential single-family lots are located in
proximity to the Site. Mr. Sean Clark of Sage Ecological performed a wetland, stream, and riparian
buffer determination on May 1, 2019. A preliminary jurisdictional determination package was
submitted on July 23, 2019. Mr. Chris Hopper (USACE) concurred with the PJD in an e-mail dated
December 26, 2019 (SAW-2019-01420).
Project Detail
The overall project consists of the construction of a single-family residential home. Proposed
driveway construction will result in permanent riparian buffer impacts. A pond outlet pipe will result
in permanent wetland impacts. As mentioned above in an effort to minimize impacts to streams,
wetlands, and riparian buffers, the proposed driveway was planning to utilize an existing dirt and
gravel farm path that extends across the current dam. It was determined that the dam would need
to be reconstructed due to the existence of trees, many of which are large, on the dam as well as
a failed inlet structure. The new dam will have slopes that are slightly less steep. The driveway
will extend across the new dam and will access the single house located on the western portion
of the property. Heavy equipment typically used for utility installation projects (e.g. back hoes,
bull -dozers, etc.) will be utilized.
No federally threatened or endangered species are listed to occur within 1 mile of the Project
according to the NC Natural Heritage Program (NHP) Database (see attached report dated May
1, 2019).
No historic properties are listed on the Project based on a query of the NCSHPO HPOWEB GIS
Service website accessed January 27, 2020. One historic structure with the designation Surveyed
Only (SO) is listed as occurring +/- 900 feet north of the Site along Bivins Road. This structure is
listed as the Beatty House (DH-2163).
Avoidance and Minimization
The proposed driveway was aligned so as to avoid and minimize impacts to streams, wetlands,
and riparian buffers by crossing where an existing farm path crosses. All streams on the Site were
avoided due to design considerations. Open space was provided around drainages containing
jurisdictional streams. Construction fencing will be used to define the construction corridor and
prevent any accidental additional impacts. Silt fencing will be installed to provide additional
protection from runoff.
Project Impacts
Proposed permanent wetland impacts total 0.023 acres as a result of a proposed pond outfall. No
stream impacts are proposed. Permanent riparian buffer impacts will result from improving the
dam crossing to provide access to the proposed residence. Total Zone 1 impacts total 7,871
square feet and Zone 2 impacts total 4,456 square feet and are considered "allowable".
3719 Bivins Road Property Page 2 of 3

Mitigation
Permanent wetland impacts have been minimized to less than 0.1-acre, therefore no wetland
mitigation is proposed. No stream impacts are proposed so no wetland mitigation is proposed.
Riparian buffer impacts are "Allowable" per the Table of Uses; therefore, no riparian buffer
mitigation is proposed.
If you have any questions, please call me at [phone].
Sincerely,
1
Kim Hamlin
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Buffer Determination Letter (NBRRO #19-148)
NCNHP Database Query Report
Impact Maps (4 sheets)
3719 Bivins Road Property Page 3 of 3

O�O�_ W A TT.
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
FE Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
3719 Bivins Road
2b.
County:
Durham & Orange Counties, NC (proposed impacts are in Durham County)
2c.
Nearest municipality / town:
City of Durham
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Kim, Nicola Maria
3b.
Deed Book and Page No.
Durham DB: 8565 DP: 170 / Orange DB: 6557 DP: 175
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
2202 Ridgewood Rd.
3e.
City, state, zip:
Raleigh, NC 27516
3f.
Telephone no.:
3g.
Fax no.:
N/A
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Mrs. Kim Hamlin
5b. Business name
(if applicable):
Sage Ecological Services, Inc.
3707 Swift Drive
5c. Street address:
5d. City, state, zip:
Raleigh, NC 27606
5e. Telephone no.:
919-244-0623
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
Durham Co: 0805-88-14-3599 / Orange Co: 0805-78-7445
1 b. Site coordinates (in decimal degrees):
Latitude: 36.108622° N Longitude: 78.972304° W
1 c. Property size:
+/- 14.35 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Little River
2b. Water Quality Classification of nearest receiving water:
WS-II; HQW; NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application.
The Site is primarily wooded and contains a small house with no indoor plumbing and associated outbuildings (e.g.
barns etc.). The forested stands on the Site vary in composition and age throughout the site. A small pasture area exists
adjacent to Bivins Road. Undeveloped, forested land, agriculture and rural residential single-family lots are located in
proximity to the Site
3b. List the total estimated acreage of all existing wetlands on the property: +/- 0.19 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 836 LF and 2-
acre pond
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single-family residential home.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of the construction of a single-family residential home and the reconstruction of the pond
dam. The pond will be pumped down and the dam breached in order to reconstruct the dam and remove existing trees
from the dam as well as reconstruct the outlet structure which no longer works. Heavy equipment typically used for
utility installation projects (e.g. back hoes, bull -dozers, etc.) will be utilized.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments: A PJD request package was submitted to
project (including all prior phases) in the past?
USACE on 07/23/2019
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Mr. Sean Clark
Sage Ecological Services, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
E-mail from Chris Hopper (USACE) dated 12/26/2019 concurred with PJD — SAW 2019-01420
6. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams — tributaries ® Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number
Type of impact
Type of wetland
Forested
Corps (404, 10) or
Area of
Permanent (P) or
(if known)
DWQ (401, other)
impact
Temporary (T)
(acres)
Site 1 - P
Pond outfall
Bottomland
Hardwood
Yes
Corps
0.023
2g. Total wetland impacts
0.023
2h. Comments: Permanent wetland impacts = 0.023 acres
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average stream
Impact
number
(PER) or
width
length
Permanent (P) or
intermittent
(feet)
(linear
Temporary (T)
(INT)?
feet)
3h. Total stream and tributary impacts
3i. Comments: This project does not propose stream impacts.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of
impact number —
waterbody
Type of impact
Waterbody type
Area of impact
Permanent (P) or
(if applicable)
(acres)
Temporary T
-
Choose One
Choose
M. Total open water impacts
0
4g. Comments: This project does not propose open water impacts.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 4 of 10

5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or
(acres)
number
purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Choose One
P2
Choose One
5f. Total
0
0
0
0
0
0
0
5g. Comments: This project does not propose Pond or Lake construction
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin?
® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason for
Buffer mitigation required?
Zone 1 impact
Zone 2 impact
Permanent (P) or
impact
Stream
(square feet)
(square feet)
Temporary T
name
Dam
Reconstr-
Site 1 (P)
uction
No
Grading &
Driveway
Pond 1
7,871
4,456
6h. Total buffer impacts
7,871
4,456
6i. Comments: Total riparian buffer impacts in Zone 1 = 7,871 sf, and Zone 2 = 4,456 sf. Please note that an existing dirt and
gravel road extends across the current dam in the location where the driveway will exist.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed driveway was aligned so as to avoid and minimize impacts to streams and wetlands by utilizing the existing
farm path that extends across the dam. It was later however determined that the pond dam should be replaced due to
potential failure caused by large trees growing on the dam and failed outlet pipe. Construction fencing will be used to
define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide
additional protection from runoff.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental
additional impacts. Silt fencing will also be used to prevent sediment runoff into the stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
0
Zone 2
1.5
0
6f. Total buffer mitigation required:
0
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ®No
Comments: The diffuse flow plan is part of the site plan being reviewed by Durham.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
3.58 %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater and sediment and erosion control will be reviewed by Durham County.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Durham County
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Durham County
® Phase II
3b.
Which of the following locally -implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
® Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The completion of this project will neither increase or decrease the probability of future development in the area. No
additional utility services will be added to the area as a result of this project.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will utilize an individual septic system.
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Database (2019) was queried and a report (dated May 1, 2019) was received from NCNHP
which identified no recorded federally listed species on the project site or within a 1-mile radius.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
FEI Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project takes place in Durham and Orange Counties which are not near any coastal or tidal habitat that
would support EFH (i.e. salt marshes, oyster reefs, etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/ No recorded NCSPHO properties are listed on the Site. One historic structure with the designation
Surveyed Only (SO) is listed as occurring +/- 900 feet north of the Site along Bivins Road. This structure is listed as the Beatty
House DH-2163 . based on an updated query of the NCSHPO HPOWEB GIS Service website on January 27, 2020.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center NC Flood Risk
Information System DFIRM Panel #8050; Dated October 19, 2018.
Kim Hamlin
f�
02/12/2020
Applicant/Agent's Printed Name
Date
Applican Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 10 of 10

AGENT AUTHORIZATION FORA
All Blanks to Be IFilled In By the C irr•ent 1.3ndowner or Legal Representative
Name:Cr->LU%-A_
Address: v� 1� �- e 1) c� A V- C��
Phone: t= I) t 1 c
Email: j -f'_.. C �' . ti �• �- t C•�=�
J
Project NamelDcscription: 3719 Bivins Road.
Sate Projcct 4 2019.36
Date:
The Department of the Antty
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
A ttn:
Field Office:
Re: Wetlands and Stream, Refuted Consulting and Permitting
To Whom It May Concern:
1, the undersigned, the owner or a duly authorized representative of record of the property properties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Fedcral jurisdiction under Section 04 of the Chan Water Act and/or Section 10 of the Rivers
and I larbors Act of 18". 1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my
agent in the processing of permit applications, to furnish upon request supplemental information in support of
applications, etc. front this day forward.
-17his notification supersedes any previous correspondence conceming the agent for this project.
Notice: This authorization. for lishility and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Sage staff. Pic -use contact Sage to arrange a meeting
prior to visiting the site. ;
BY: L , IF-� BY: t:-ti �..
Print Name of Landowner or Signature of Landowner or
Legal Representative Legal Representative

inaN wcauvrr
CASWELL PERSON
GRANVILLE
ORANGE I FRANKLIN
DURHAM
WAKE
CHATHAM
i
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"►
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USGS Topo Map Figure 1
Bivins Road Property
Sage Project # 2019.36 N
SAGE
NW Durham, Quadrangle SERViCES
USGS Topography, December 2013
April 19, 2019
Sage Ecological Services, Inc.
0 500 1,000 Office:919-335-6757
Feet Cell: 919-559-1537

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CASWELL PERSON
GRANVILLE
ORANGE FRANKLIN
DURHAM
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CHATHAM
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Project Study Area
NRCS Soils Map Figure 2
Bivins Road Property
Sage Project # 2019.36
SAGE
USDA Soil Survey 1976 & 1977 ECOLOGICAL
Durham Co Sheet # 9 SERVICES
Orange Co Sheet # 12 and # 16
April 19, 2019
Sage Ecological Services, Inc.
0 375 750 Office:919-335-6757
Feet Cell: 919-559-1537

ROY CO , R
[e-mail]
Determination Type:
Buffer
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico 05A NCAC 2B .0259)
❑ Jordan (15A NCAC 213 .0267)
(governmental and/or interjurisdictional
projects)
Project Name: 3719 Bivens Road
,ram r •�
, � �j��tis
v
May 17, 2019
Subject: Determination Letter
NBRRO #19-148
Durham County
Intermittent/Perennial
® Intermittent/Perennial Determination (where local buffer
ordinances apply)
Address/Location: 3719 Bivens Road, Durham
Stream(s): UT to Little River
Determination Date: May 17, 2019 Staff: Ray Milosh
Stream
1--fl _1/P*
Not Subject
Subject
Start@
stop@
Soil
Survey
USGS
To o
Stream Al
�P
X
throughoutI
X
X
k
Pond
X
X
X
Stream A2
1
X
throughout
X
I X
Stream B
E
X
X
Stream C
E
X
X
*Ephemeral/Intermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream
that is checked "Not Subject" has been determined to not be at least intermittent or is not present.
ff ��D__ E

Streams that are checked "Subject" have been located on the property and possess characteristics that qualify
it to be at least an intermittent stream. There may be other streams located on the property that do not show
up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a
determination by the Director shall be referred to the Director in writing. If sending via US Postal
Service: c/o Karen Higgins, DWR - 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC
27699-1617. Ifsending via deliveryservice (UPS, FedEx, etc.): Karen Higgins; DWR - 401 & Buffer
Permitting Unit; 512 N. Salisbury Street, Raleigh, NC27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested within
sixty (60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Ray Milosh at [phone].
Sincerely, 1
I/ i i i i ii .a n k_t ..
IV
Karen Higgins, Supervisop
401 & Buffer Permitting Branch
cc: RRO DWR File Copy

3719 Bivens Road
Durham County -DWR Project # 19-148
Pond
Stream A2 �
Stream Al./
a
40 001?
- AWW*�
� E
Stream
E/I/P'
Not Subject
Subject
Start@
Stop@
Soil
USGS
Survey
Topo
Stream Al
P
X
throughout
X
X
Pond
X
X
X
Stream A2
I
X
X
X
Stream B
E
X
X
Stream C
E
X
X
NRCS Soil SurveySTATE
Legend:r
\1 Locations are approximate
t
-project boundary
f and are provided for refer-
ence only ::
r,\n
CILN �'
LKJI

Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil
USGS
Stream Al
P
X
throughout
X
X
Pond
X
X
X
Stream A2
I
X
X
X
Stream B
E
X
X
Stream C
E
X
X
USGS Topographical Map STATE,
Legend: M \ : Locations are approximate
ti
-Project boundary �r.� and are provided for refer-
,� ence only

May 1, 2019
Sean Clark
Sage Ecological Services
3707 Swift Drive
Raleigh, NC 27606-2543
RE: 3719 Bivins Road; 2019.36
D _
NCNHDE-8890
Dear Sean Clark:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at �Dy�utr a�dcoy_ or 919-707-8603.
Sincerely,
NC Natural Heritage Program

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
3719 Bivins Road
Project No. 2019.36
May 1, 2019
NCNHDE-8890
Element Occurrences
Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID Scientific Name Common Name Last Element
Accuracy Federal
State Global
State
Group
Observation Occurrence
Status
Status Rank
Rank
Date Rank
Butterfly
34564 Erynnis martialis Mottled Duskywing 1952-07-01 H
5-Very ---
Significantly G3
S2
Low
Rare
Dragonfly or
33764 Somatochlora Coppery Emerald 2004-Pre H?
5-Very ---
Significantly G3G4
S2?
Damselfly
georgiana
Low
Rare
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at ' ai .J _:, . Data query generated on May 1, 2019; source: NCNHP, 02 Apr 2019. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

N
W+E
May 1, 2019
Project Boundary
Buffered Project Boundary
NCNHDE-8890: 3719 Bivins Road
Page 3 of 3
I:C I,MUO
0 0.175 0.35 0.7 mi
0 0.275 0.55 1.1 km
Sources: Esr, HERE. Garmn. Intermap, increment P CO(P,_ GESCO USGS,
FAO, NPS, NRCAN. GeoBase. ION. I4daster NL, Ordnance Survey. Esri Japan,
NIETI, Esri Chlna (Hoop Konp), (e) OpanSlrseMlep contribueaa, and the 013
Usar Community

DELIVERANCE TABERNACLE FELLOWSHIP
CHURCH, INC.
DB 378 PAGE 747 (DURHAM)
DB 1875 PAGE 339 (ORANGE)
PB 70 PAGE 3 (DURHAM) AREA OF PROPERTY
PIN# 0805-78-98-7458 (DURHAM) OVERLAP
/
PIN# 0805789960 (ORANGE) (1,555.5 FT-) MELVIN GATTIS
DELIVERANCE TABERNACLE FELLOWSHIP FROM THE INTERSECTION OF / RUBY GATTIS /
CHURCH, INC. PROPERTY LINE OVERLAP TO DB 7661 PAGE 152 (DURHAM)
DB 378 PAGE 747 (DURHAM) INTERSECTION OF PROPERTY / PIN# 0$05 02-88-3965 (DURHAM)__ /
i
LEGEND:
-- - - ---- OHE-- EXISTING OVERHEAD UTILITY
— x ---- x — x — EXISTING FENCE
EXISTING STREAM & POND BUFFER
EXISTING DRAINAGEWAY TOP OF BANK
- — — — — — — - PROPOSED EDGE OF POND / WETLAND
- — — — — — -- - EXISTING EDGE OF POND / WETLAND
DB 1875 PAGE 339 (ORANGE) LINE OVERLAP
PIN# 0805-78-98-7458 (DURHAM) 294.27' .... -
PIN# 0805789960 (ORANGE) - `� �0.58 — �1`^ �, 314` IPF 01$T
(TOTAL) 4.7T �� �` � --"" -'-) 457 T0T r4, 4,�
( .11" IPF 0.6' NORTH 3l4 IPF
_1119.65' .__.,� �_' S87° 19' 35"W 294.25'` / OF PROPERTY LINE FROM INTERSECTION OF TH PROPERTY UNKNOWN
IRF 368,35' ; 314' IPF yc� l 5.80' �., �4? OVERLAP TO 314" IPF DIST. AT THE RIW OF 'L ORIGIN
/ �' '` gIVINS ROAD ,
FROM 1 112" IPF TO y`" EX. SPILLWAY TOP,
`' M OF BANK (TYP.) Q I
o INTERSECTION OF CHURCH PROPERTY APPARENT DEED
ti OVERLAP,LINE OVERLAP PROPOSED,
PROPOSED F' GRAVEL'
11" iPF 0.3' EAST © SEPTIC FIELD DRIVEWAY I '
>1
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PROPOSED HOUSE
534 Oro LOCATION, LINE (TYP.)��U
F 625
LOT 1
14.4 ACRES (INCLUSIVE OF OVERLAP AREA) / j /�\ EXISTING EDGE
i - PIN# 0805-88-14-3599 (DURHAM) - OF WETLAND
t' PIN# 0806787446 (ORANGE) , �- � / �' \ _ (TYP.)
EX DAM
lui
? _ _ _ _ ! f PROPOSED SURFACE `, \
WATER ELEVATION 11
i 130' 20' .._
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EXISTING SURFACE
r WATER ELEVATION (TYP.)
-590
�-CD
ca IX
c y
N
ca
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2" !PF N89° 56' 24"W- 529.55' 1"IPF S89° 58' 23"W 510.60' RF
LOT 3 5ha
ROBYN D. SLOAN
NC GRID COORDINATE
DAVID K. SLOAN NAD 83(2011) 2010.00 EPOCH
DB N=858,171.57' 5051 PAGE 468 (DURHAM) E=2,008,627.62'
DB 3954 PAGE 432 (ORANGE) SF=0.999984124
PIN# 0805-77-89-9717 (DURHAM) CF=0.999959818
PIN# 0805775972 (ORANGE)
CONTEXT AREA MAP
FOR EXHIBIT ONLY
NOT FOR CONSTRUCTION
CURVE TABLE
CURVE #
I LENGTH
I RADIUS
I DELTA
CHORD DIRECTION
CHORD LENGTH
Cl_
1 604.92'
1527.64'
22-41.17'
1 S06" 28. 43"W
1 600.98'
GRAPHIC SCALE
(IN FEET )
DRAWING
SHEET
IMP-1
PROJECT NUMBER
450-19

DAM FOOTPRINT CALCULATIONS:
EXISTING FOOTPRINT: 23,585 SF
PROPOSED FOOTPRINT: 16,626 SF
GRAPHIC SCALE
IN FEET)
ii_-aon
FOR EXHIBIT ONLY
NOT FOR CONSTRUCTION
5 SPILLWAY (TYP.)�
' EX. SPILLWAY TOP
f 09� OF BANK (TYP.)
% PROPOSED DAM
FOOTPRINT (TYP.) -
16,626 SF
EXISTING EDGE f /
OF WETLAND
{
C31 yp
A
EXISTING DAM
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23,585 SF
i„
rj
PROPOSED SURFACE
WATER ELEVATION (TYP.)
EXISTING SURFACE
WATER ELEVATION (TYP.)��"_��
DAM FOOTPRINT COMPARISON MAP
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DRAWING
SHEET
IMP-2
PROJECT NUMBER
450-19

w
LITTLE RIVER RIPARIAN BUFFER
IMPACT CALCULATIONS:
ZONE 1 IMPACTS: 7,871 SF
ZONE 2 IMPACTS: 4,456 SF
GRAPHIC SCALE
(IN FEETI
FOR EXHIBIT ONLY
NOT FOR CONSTRUCTION
ZONE 2 BUFFER
IMPACT AREA—'
(491 SF)
I ""Ti T
RIPARIAN BUFFER
LINE (TYP.)
I � i
. I I EX. SPILLWAY TOP l (� -l- / OF BANK (TYP.) / /
EX. SPILLWAY (TYP.)
a>
ZONE 2 BUFFER `!
IMPACT AREA i I
✓` / / f (417 SF)
{ • d / //�� / r c \ S� N RIPARIAN
BUFFER LINE
(TYP.)
g$f/ EXISTING EDGE 'f /
OF WETLAND
�f/ d �' �'� ZONE 1 BUFFER \ \ f j (TYP.) /
IMPACT AREA
(7>871 SF) •� \ \ ' s8
610
PROPOSED RISER �� 88\6� / I
STRUCTURE `• � L \8?�,� � / ZONE 2 BUFFER� / IMPACT AREA
(3,548 SF)
PROPOSED SURFACE -A: f
WATER ELEVATION (TYP.) `
EXISTING SURFACE \ �\
WATER ELEVATION (TYP.)
EXISTING POND BUFFER IMPACTS MAP
1
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DRAWING
SHEET
IMP-3
PROJECT NUMBER
450-19

1A/0TI A A111
m
E
M
IMPACT CALCULATIONS:
WETLAND IMPACTS:1,006 SF (0.023 ACRES)
$ EX. SPILLWAY TOP
69 OF BANK (TYP.)
C
�
y9 I r W x�x
i �■p
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693
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WETLAND I U
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PROPOSED RISER s��' 6 G g o Q
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WATER ELEVATION (TYP.'1 �/�
( IN FEET I n
1 I,ch-4Otl, 1 !Ly VI
7 DRAWING
FOR EXHIBIT ONLY I SHEET
B� B� B� O� B� B� B� � B' � B� Bll� Bll� B� B� Bl� B� B� B� B� IMP-4
NOT FOR CONSTRUCTION WETLAND IMPACTS MAP PROJECTNUMBCR
450-19