20201457 Ver 1_Riparian Buffer Authorization Request_20201013

Action History (UTC-05:00) Eastern Time(US&Canada)
Submit by Anonymous User 10/13/2020 2:42:15 PM(Start)
Approve by Carpenter,Kristi 10/13/2020 5:33:56 PM(DOT- Initial Review)
• The task was assigned to Carpenter,Kristi 10/13/2020 2:44 PM

Buffer Authorization Application Form IC ENVIRONMENTAL Water Resources QUALITY
15ANCAC 02B.0233(8)(b),.0243(8)(b),.0250(11)(b),.0259(8)(b),.0267(11)(c),.0607(e)(2)Buffer Authorization Online Fo
Update 10/23/2018
Original Submittal 10/13/2020
A. Owner/Applicant Information
General Information A
Primary Contact Email:* [e-mail]
Rease list the contact person's email for questions or paynent on this project if needed.
Who is submitting the application?* r7 Owner
✓ Applicant other than Owner
✓ Agent
Is there an agent working on this application r Yes
but not submitting it? r No
1. Property Owner Information:
1a. Name on Recorded Deed:* City of Durham Arm Gen Services Real
Estate Division
lb.Responsible Party: Edward Venable-Senior Engineering
Manager
(for Corporations)
1c. Mailing Address:* Street Address
101 City Hall Plaza
Address Line 2
Oty State/Rovince/Region
Durham NC
Fbstal/Zip Code Country
27705 US
Id.Telephone:* 919-560-4326 1e. Email Address:* [e-mail]
3. Agent Information:
3a. Name:
3b.Company Affiliation:
3c. Mailing Address: Street Address
Address Line 2
Oty State/Rovince/Region
Fbstal/Zip Code Country
3d.Telephone: 3e. Email Address:
3f.Attach a signed and dated copy of the agent Click the upload button or drag and drop files here toattachdocunent
authorization form. Cnly

B. Project Information and Prior Project History
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Project Information
._J
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1a.Name of Project:* Durham-Hillandale Road Bicycle-Pedestrian Corridor
(Subdivision,facility,or establishrrent nacre)
lb.Is this a publicly-funded transportation project?*
F Yes
f No
1c.TIP# U-4726HN
Id.Subdivision Name:
le.Nearest Durham
Municipality:
If.Property Size: 7.50
acres
....................................................................
1g.County(or Counties)where the project is located:*
Durham
1h.Property ID# Date of Purchase
119533 11/21/2011
Tax RN or Parcel id
119523 11/21/2011
Tax RN or Parcel id
1 i.Deed Information
Type of Book Book# Page#
Deed 6857 361
Map 191 348
1j.Attach a copy of the recorded map that indicates when the lot was last platted.
aick the upload button or drag and drop files here to attach docurrent
Recorded Plat.pdf 570.4KB
REF only
1k.How would you like to provide the Latitude and Longitude information?*
r Address Lookup
C' Manually
Latitude* 36.022053 Longitude* -78.936113
11.Is the project located in any of North Carolina's twenty coastal counties?*
C Yes
G No
2. Surface Waters ^
2a.Name of the nearest body of water to proposed project:*

Ellerbe Creek
2b.Water Quality Classification of nearest receiving water:*
WS-V; NSW
2c.List the total estimated linear feet of all existing streams(intermittent and perennial)on the property:*
100
(linear feet only)
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 project is located along Hillandale Road through the Hillandale Golf Course,
and the project area consists primarily of mowed grass within the ROW and golf
course,as well as the forested riparian buffer along Ellerbe Creek.
The general land use in the vicinity of the project consists of a golf course,water
treatment plant and residential land use.
3b.Attach an 81h x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach docurrent
USGS Quads.pdf 598.85KB
FDF only
3c.Attach an 81/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
aick the upload button or drag and drop files here to attach docurrent
Soil Survey.pdf 2.07MB
RF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
The purpose of the proposed project is to construct dedicated a sidewalk and
multiuse path to provide improve safety for pedestrian and bicycle travel along
Hillandale Road,which is busy road in Durham.
The proposed project consists of construction of a 5-ft wide sidewalk on the west
side of Hillandale Road and a 10-ft wide multi-use path along the east side of
Hillandale Road through the Hillandale Golf Course.The proposed sidewalk and
multiuse path will be constructed over the existing 22'x 7'arch culvert over Ellerbe
Creek,and extension of the culvert is not required and therefore there will not be
any impacts to Ellerbe Creek for the proposed project.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docurrent
Buffer Impact Exhibits_2020-10-05.pdf 5.12MB
FEE only
5. Jurisdictional Determinations n
5a.Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project(including all prior phases)in the past?*
f Yes
C No
6. Project History
.................................................................................
6a. Have permits or certifications been requested or obtained for this project(including all prior phases)in the past?*
r Yes
C' No

7. Future Project Plans ^
7a.Is this project a phased project?* r Yes
r No
C. Proposed Impacts Inventory
. . ........... . ........... . . ........... ........... . . ........... . ........... .................. .................. .................. .................. .................. .................. .................. .................. ........................ ........... . ........... . ...........
Buffer Impacts ^
Project is in which protected Basin?*
P' Neuse River Basin(15A NCAC 02B.0233)
✓ Catawba River Basin(15A NCAC 02B.0243)
✓ Randleman Lake Watershed(15A NCAC 02B.0250)
✓ Tar-Pamlico River Basin(15A NCAC 02B.0259)
✓ Jordan Lake Watershed(15A NCAC 02B.0267)
✓ Goose Creek Watershed(15A NCAC 02B.0606&15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation,then you MUST fill out Section D of this form.
Site#-Reason Stream Name Buffer Impact* Impact Type* Zone 1 Zone 2
Impact 1 - Ellerbe Permanent Allowable 444.00 280.00
Multiuse Path Creek (P) Square Square
Map label(e.g.Fbad Fermor Terrp Feet Feet
Crossing 1)
Impact 2- Ellerbe Permanent Allowable 954.00 921.00
Sidewalk Creek (P) Square Square
Map label(e.g. ad Fermor Terrp Feet Feet
R
Crossing 1)
Impact 3-Temp Ellerbe Temporary Allowable 336.00 266.00
Construction Creek (T) Square Square
Access FermorTerrp Feet Feet
Map label(e.g.Road
Crossing 1)
1
Impact 4-Temp Ellerbe Temporary Allowable 263.00 324.00
Construction Creek (T) Square Square
Access FermorTerrp Feet Feet
Map label(e.g.Road
Crossing 1)
Total Zone 1 Impacts: 1,997.00
Total Zone 2 Impacts: 1,791.00
Total Buffer Impacts: 3,788.00
Comments:

The proposed impacts consist of 2,588 sf of permanent buffer impacts(Z1: 1,398 sf;
Z2: 1,201 sf)and 1,189 sf of temporary buffer impacts(Z1:599 sf;Z2:590 sf).
The proposed 2,588 sf of permanent buffer impacts will occur from the construction
of a 5-ft wide sidewalk on the west side of Hillandale Road and a 10-ft wide multi-use
path along the east side of Hillandale Road,as well as the construction of
stormwater drainage outfalls.The proposed impacts from the sidewalk and multiuse
path is classified as"Allowable upon Authorization"in the Table of Uses(Sub-Item
(11)(j)(iii)since both are equal to or less than 10-ft wide with 2-ft shoulders.
The proposed stormwater drainage outfalls will collect existing roadside drainage in
a pipe and will outfall within the buffer. Please note that these roadside ditches
currently outfall into the buffer and Ellerbe Creek through riprap swales down the
slope,which have significant erosion and have caused sedimentation within the
buffers and Ellerbe Creek.The proposed project will collect the drainage from the
roadside swales and transport it under the sidewalk and multiuse path and outfall
into riprap dissipators before flowing into the buffers.The proposed buffer impacts
from the stormwater drainage outfalls are classified as"Allowable upon
Authorization"per Sub-Item(9)(b)(viii)in the Neuse River Riparian Buffer Rules
(June 2020).
The proposed sidewalk and multiuse path will be constructed over the existing 22'x
7'arch culvert over Ellerbe Creek,and extension of the culvert is not required and
therefore there will not be any impacts to Ellerbe Creek for the proposed project.
Temporary buffer impacts are necessary for access during construction due to the
existing slopes.Per the Final Summary Memo approved by the IRT,the temporary
buffer impact areas will be re-vegetated matching the existing conditions.This
includes reestablishing grass cover in areas of existing grass cover,and restoration
of any removed trees at a 1:1 ratio using ball&burlap trees matching the species
that was removed.
D. Impact Justification and Mitigation
1.Avoidance and Minimization
1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
Direct impacts to Ellerbe Creek have been avoided in entirety,avoiding the need for
Section 404 permitting action by the USAGE.
The design of the sidewalk and multiuse path minimized buffer impacts by aligning
them as close to the existing Hillandale Road as possible. Impacts to the riparian
buffer have been minimized to provide only necessary square footage to construct
the bicycle/pedestrian improvement,with consideration for the following necessary
requirements:
•Minimal width(per ADA requirements)
•Construction materials required for proper construction
•Construction techniques and equipment required for proper construction
•Traffic considerations and temporary closures
Construction activities will be primarily conducted from the project construction
corridor and existing roadway/sidewalk,extending into the easement and buffer from
high ground,minimizing impacts.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*
Construction activities will be primarily conducted from the project construction
corridor and existing roadway/sidewalk,extending into the easement and buffer from
high ground,minimizing impacts.
Construction activities will be conducted under an Erosion and Sediment Control
Plan,which will be submitted for approval by the appropriate agencies prior to
initiating construction activities and implemented throughout the project.
Construction activities will be conducted utilizing equipment suitable for the required
action and consistent with typical sidewalk transportation projects.
E. Diffuse Flow Plan
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

1a.What type of SCM are you providing?*
✓ Level Spreader
✓ Vegetated Conveyance(lower SHWT)
✓ Wetland Swale(higher SHWT)
r7 Proposed project will not create concentrated stormwater flow through the
buffer
✓ Other SCM that removed minimum of 30%nitrogen
lc. Diffuse Flow Documentation* aickthe upload button or drag and drop files here to attach docurrent
Diffuse Flow Information.pdf 89.89KB
FM only
F. Supplementary Information
Environmental Documentation
1a. Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?
C No
lb.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 (North Carolina) Environmental Policy Act(NEPA/SEPA)?
Yes
c
1c. If you answered"yes"to the above,has the document been finalized by the State Clearing House?
C
Id.Attach a copy of the NEPAor SEPAfinal approval letter.
Click the upload button or drag and drop files here to attach docunent
LPMO TIP#U-4726 CATEXApproval.PDF 35.36KB
FM only
Violations
2a. Is the site in violation of DWR Wetland Rules(15A NCAC 02H.0500), Isolated Wetland Rules(15A NCAC 02H.1300),DWR
Surface Water or Wetland Standards,or Riparian Buffer Rules(15A NCAC 02B.0200)?
C
6' No
2b.Is this an after-the-fact buffer authorization application?
✓ Yes
• No
G.Additional Information
Please upload any additional information you would like the Division to consider during application review.

Additional Attachments: aickthe upload button or drag and drop files here to attach docurrent
Aerial Exhibit.pdf 360.13KB
Aerial-Topo Exhibit.pdf 432.79KB
Stream-Buffer Delineation Exhibit.pdf 366.45KB
PCN Cover Letter_2020-10-12.pdf 142.84KB
NCDWR Signed Letter to Stewardship.pdf 3.51MB
Durham-Hillandale Rd Bike-Ped Path easement
362.67KB
release.pdf
FDF only
Additional Comments:
Construction of the proposed project will require impacts within an existing
conservation easement along Ellerbe Creek associated with the NCDMS Ellerbe
Creek(G)Hillandale#127 Mitigation Site,which is managed by NCDEQ's
Stewardship Program.The City of Durham coordinated with the Interagency Review
Team(IRT)and NCDMS for approval of the encroachment into the conservation
easement resulting in the take of 6,142 sf of conservation easement.The City of
Durham's Final Proposal proposed to provide compensation for the loss of
conservation easement at a 2:1 ratio,resulting in the payment of 12,284 buffer
credits to NCDMS.The concurrence letter from NCDEQ Stewardship program,which
includes the"Final Summary Memo for Proposal for Impacts to Conservation
Easement",documenting that the encroachment into the has been approved has
been provided as an attachment to this application.
The NCDMS mitigation invoice for the required 12,284 sf of buffer credits has been
provided as an attachment. Per the Final Summary Memo,the payment of the
12,284 sf of buffer credits will be completed prior to the IRT release of the easement
and is required prior to issuance of the Buffer Authorization by NCDWR.The City of
Durham is in the process of making payment to NCDMS,and a copy of the NCDMS
payment receipt will be provided to NCDWR once received.
Please note that purchase of the 12,284 sf of buffer credits is required for
encroachment into the conservation easement and not for the proposed riparian
buffer impacts for the proposed project,as the proposed impacts are classified as
"Allowable Upon Authorization"in the June 2020 Neuse River Riparian Buffer Rules.
H. Sign and Submit
By digitally signing below,I certify that:
• I have given true,accurate,and complete information on this form;
o I agree that submission of this form is a"transaction"subject to Chapter 66,Article 40 of the NC General Statutes(the "Uniform Electronic
Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66,Article 40 of the NC General Statutes(the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature;AND
o I intend to electronically sign and submit the application form."
Print Name:* Troy Beasley-Authorized Agent
Signature
Submission Date: 10/13/2020
(Auto populated field)

Initial Review
Is this accepted into the review process?* CJ Yes O No
Is this project a public transportation CJ Yes
project?* f No
ID#* 20201457
Version:* 1
Select Reviewer: Rob Ridings:eads\rgridings
Select Reviewing Office* Central Office-[phone]
Has payment been received?* f: No Payment Needed
r Fee Received
r Need Fee-send electronic notification