20031127 Ver 1_COMPLETE FILE_20030909

O?O?WAT?RQG
co
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 19, 2005
DWQ Project # 03-1127
Durham County
D. Glenn Dickson
Ninth St. North
P.O. Box 3160
Durham, NC, 27715-3160
Subject Property: Ninth St. Durham Phase II Redevelopment Project
Tributary to Ellerbe Creek (030401, 27-5-(0.3), C NSW)
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Dickson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 40 feet of intermittent streams, as described within your renewal request dated
September 6, 2005 and received by the N.C. Division of Water Quality (DWQ) on September 8, 2005.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian 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, Non-
discharge, and other 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 Certification replaces the one issued to you on October 9, 2003.
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 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions 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:
,Pne Caro
401 Oversight/Express Permitting Unit ll?l[Cll f?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: littp-.Ltti2o._qiii?.statg.ilc_.us/ncxvetlaiids
An F.aual nnnnrtunity/Affirmative Action F.mnlnver - 50% Recvc1ed/10% Post Cnnsumer Paner
D. Glenn Dickson
Page 2 of 3
September 19, 2005
Amount Approved Units Plan Location or Reference
Stream 40 feet PCN form, Site 1
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or 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 CAMA Permit.
D. Glenn Dickson
Page 3 of 3
September 19, 2005
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 Cyndi Karoly at 919-733-99721 or Deborah Edwards at 919-733-9502.
AWK/cbk
Enclosures: GC 3404
Certificate of Completion
cc: Tracy Rush, P.O. Box 891, Southern Pines, NC, 28388
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sincerely,
( ?, A
Alan W. Klimek, P.E.
Filename: 031127Ninth(Durham)401+NBRrev
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone]
[e-mail]
6 September 2005
Ms. Cyndi Karoly
N.C. Division of Water Quality
401 Oversight Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
a
D?
2?U5
SAP ?'
?ENR.W5T0R!?`NA L B yCH
VJEZIANOS AN0
Dear Ms. Karoly:
Mr. D. Glenn Dickson would like to renew his 401 Water Quality Certification (copy
attached) for the Ninth Street Durham Phase II Redevelopment Project in downtown Durham
(DWQ# 03-1127 and Action ID. 200321279). The proposed activity involves culverting 40 feet
of intermittent stream in order to provide access to a proposed parking area. The proposed
project is currently going through the City of Durham's approval process and construction is
planned for later this year.
Please let us know if you have any questions or need additional information concerning
the renewal of this certification.
Attachment
Sincerely,
Tracy Rush, Senior Biologist
Dr. J.H. Carter III & Associates, Inc.
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting
? WA "I Michael F. Easley, Governor
' O
?? pG William G. Ross Jr., Secretary
y
r' North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P. E. Director
Division of Water Quality
Colson H. Sullins, Deputy Director
Division of Water Quality
October 9, 2003
D. Glenn Dickson,
Ninth St. North
PO Box 3160
Durham, NC 27715-3160
Subject Property: Ninth St. Durham Phase 11 Redevelopment Project
Tributary to Ellerbe Creek (030401, 27-5-(0.3), C NSW)
DWQ Project No. 03-1127
Durham County
Page 1 of 2
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
Dear Mr. Dickson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 40 linear feet of intermittent stream for the purpose to O.rovide access to the back side of the
proposed parking area at the subject property, as described within your application dated 09/09/03. After reviewing
your application, we have decided that the Impacts are covered by the N.C. Division of Water Quality (DWQ) General
Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian 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, Non-discharge, and Land Quality regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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). For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions
of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the
404 or CAMA permit.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
Mr. Glenn Dickson
Page 2 of 2
10/09/03
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. 1508.
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 26 .0259. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Klimek, P.E.,
D Q, Director
Attachments: Certificate of Completion
GC 3404
Cc: Attn: Tracy Rush Dr. J.H Carter III & Assoc., Inc., PO Box 891, Southern Pines, NC 28388
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
mch
DWQ # 03-1127
Date: 10/9/2003
OF W A 7?9 Michael F. Easley, Governor
p William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
I Alan W. Klimek, P. E. Director
> -
r
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 9, 2003
D. Glenn Dickson,
Ninth St. North
PO Box 3160
Durham, NC 27715-3160
Subject Property: Ninth St. Durham Phase II Redevelopment Project
Tributary to Ellerbe Creek (030401, 27-5-(0.3), C NSW)
DWQ Project No. 03-1127
Durham County
Page 1 of 2
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 213.0233) with ADDITIONAL CONDITIONS
Dear Mr. Dickson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 40 linear feet of intermittent stream for the purpose to provide access to the back side of the
proposed parking area at the subject property, as described within your application dated 09/09/03. After reviewing
your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General
Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian 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, Non-discharge, and Land Quality regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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). For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions
of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the
404 or CAMA permit.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Mr. Glenn Dickson
Page 2 of 2
10/09/03
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 .0259. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
J- L-+
Klimek, P.E.,
Director
Attachments: Certificate of Completion
GC 3404
Cc: Attn: Tracy Rush Dr. J.H Carter III & Assoc., Inc., PO Box 891, Southern Pines, NC 28388
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 03-1127
Date: 10/9/2003
mch
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ninth Street Durham Phase 2 County Durham
Project Number 03 1127 County2
Recvd From APP Region Raleigh
Received Date 9/9/03 Recvd By Region
Project Type road crossing
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
F 14 Stream O Y O N ? 27-5-(0.3) F NSW 30,401. F 40.00 F F-
R Buffers Y ON 3(1,40 F- r-T
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: OQ Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 36.011442 N
Longitude (ddmmss) 79.9214342W
Comments:
OCtober 2, 2003
This is a strange one. the creek exists for only about 40 feet on this site and is enclosed in concrete
on three sides. There is some buffer impact but the stream does not exist biologically and the culvert
is probably the best option,
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 9-10-03 Project Name:
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
Z RRO Steve Mitchell
tti S I. 6urA6 m Pb&.5e ff
DWQ#: 03 1127
County: I rAc m
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
From: Amanda- muelle? f-'
Telephone : (919) a/S- 3y7.-
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted qa" d, or >?-/or b°'4" rales
Stream determination .77/P
? Wetland determination and distance to blue-line surface waters on USFW topo maps
M Minimization/avoidance issues
a?ion
no?
IV Buffer Rules EusD Tar-Pamlico, Catawba, Randleman) Are 4Aere bu fk,- iMp4ds (l? Says F Mitigation Ratios
El Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
® Cumulative impact concern ,7
Comments: AI so, ;*"" c?an'f be rvn i mized or avo,d ed, is ceAlverfins
-4c best oo ?,-on ?

DR. J.H. CARTER III & ASSOCIATES, INC. SEP 2003
Environmental Consultants p'?p?
(?
fi+ ?. r?lll°,f
P.O. Box 891 • Southern Pines, N.C. 28388 JAM
p;1P??i
[phone] 9 Fax[phone]
[e-mail]
Letter of Transmittal
To Steve Mitchell
N.C. Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Date: 9-5-03 Job #: 0322
Attn: Steve Mitchell
Re: Ninth Street Durham Permit

0.91121
WE ARE SENDING YOU
Attached
Copy of letter
Prints
Reports X Maps
Plans Data
Photos X PCN Form
COPIES DATE # P s DESCRIPTION
7 9-5-03 8 PCN Form
7 8-20-03 1 Agent Authorization Letter
7 9-5-03 1 Vicinity Ma for Ninth Street Durham
7 9-5-03 1 USGS Soil Survey Ma for Ninth Street Durham
7 8-13-03 1 11 x 17 Site Plan
7 9-5-03 1 Detailed Ma of Proposed Project Site

THESE ARE TRANSMITTED
X For approval
For your use
As requested
For review and comment
REMARKS:
Approved as noted
Approved as submitted
Returned for corrections
For your information
COPY TO:
SIGNED:
If enclosures are not noted, please contact us immediately
Endangered Species Surveys 9 Environmental Assessments • Land Management 9 Wetlands Mapping and Permitting
Office Use Only: 3' 1,k#on May 2002
USACE Action ID No. DWQ No. A
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
lI.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
JUP
1. Owner/Applicant Information SEP 9 2003
Name: D. Glenn Dickson Ninth Street North
Mailing Address: P.O. Box 3160 7 L_ 7 ; . s
Durham, NC 27715-3160
Telephone Number: 919-291-1620 Fax Number: 919-288-5335
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Tracy Rush or Dr. J.H. Carter III
Company Affiliation: Dr. J.H. Carter III & Associates Inc.
Mailing Address: P.O. Box 891
Southern Pines, NC 28388
Telephone Number: 910-695-1043 Fax Number: 910-695-3317
E-mail Address: icamainO,pinehurst.net
Page 5 of 12
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 I I 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: Ninth Street North Phase 2 Redevelopment Proiect
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0822-14-33-3055
4. Location
County: Durham Nearest Town: City of Durham
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Site is located between Ninth
Street and Iredell Street, south of Green Street in Durham.
5. Site coordinates, if available (UTM or Lat/Long): 36.0114421 N; 78.9214342 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.96
7. Nearest body of water (stream/river/sound/ocean/lake): tributary to Ellerbe Creek
8. River Basin: Neuse River Basin
(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/adniin/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: Site is currently urban residential. Areas surrounding the
site are a mixture of urban residential and commercial with Duke University East Campus
located one block to the southeast.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
A 100 space surface parking facility acility is planned as part of a redevelopment project in
downtown Durham. There is a stream onsite that is culverted with the exception of a 40 foot
section. The 40 foot section currently has concrete sides and the streambed consists of pieces
of asphalt, concrete and other debris. It is necessary to culvert this 40 foot section in order to
provide access to the back side of the proposed parking area via a paved alleyway.
Equipment used to install the culvert could include a backhoe and/or bulldozer to lower the
new section of culvert into place and to fill on top of the culvert.
11. Explain the purpose of the proposed work: It is necessary to culvert the remaining 40 foot
section in order to provide access to the back side of the proposed parking area via a paved
alleyway.
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.
No prior project history.
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.
None.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:_ Connect existing culverts on an
intermittent stream along Green Street in order to provide access to proposed project site
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
None

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 culvert 40 UT to Ellerbe Creek 3 feet Intermittent

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uscs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tc t ioncxom,
www,ma )qs _ uestxom, etc.).
? -
Cumulative impacts (linear distance in feet) to all streams on site: 40 feet
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name
Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
None

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A _
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Since the stream in question is already partially culverted and has concrete sides already,
culverting this section is the most logical and feasible option for the proposed project
Culverting the section of stream allows safe entry and exit to the parking area from 2 sides
(Green Street and Iredell Street) instead of placing 2 access points on 1 side (Iredell Street).
Other options include bridging the area and or leaving the stream as is and redesigning the
parking area. Neither of these options was deemed feasible or safe for the proposed use of the
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
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/iicwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No miti gi ation proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 1 I of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
None reauired.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Currently the site is 64% impervious. The proposed project will consist of approx. 79%
impervious area with the remaining 21% as managed open space. The proposed site meets City
of Durham requirements for stormwater quantity controls because the increase in run-off is less
than 10% and the site will utilize BMP's and buy-down to meet nitrogen loading requirements.
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.
No sewage disposal required - parking lot.
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. 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).
y-- k - - J*el
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Sep 04 03 03:14p MINTHSTREETNORTH 919-286-5335 p.2
20 August 2003
To Whom It May Concern:
This ,letter is to scrvc as notification that Tar. J.H. Carter I'll and Dr. J.H. Carter )I). & Associates,
Inc. have been retained to coordinate and submit proper documentation related to 311
environmental pennitting issues for the Ninth Street North Phase 2 Redevelopment Project
located in Durham, North Carolina.
Any questions or concerns may be directed to me as follows:
D. Glenn Dickson
Ninth Street North
P.O. Box 3160
Durham, NC 27715-3160
Sincerely,
D. Glenn Dickson
H
Vicinity map for the proposed Ninth Street North Phase 2 Redevelopment Project,
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