20060172 Ver 1_401 Application_20060202

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 29614 Phone: [phone] Fax: [phone]
www.SandEC.com
February 2, 2006
SPEC Project # 9376.W2
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Eric Alsmeyer
1628 Mail Service Center
Raleigh, NC 27699-1628
From: Jason Payne
Soil 8~ Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 2761.4
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Hope Valley Commons
Durham, NC
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On behalf of the owners, Hughes Baran Development, LLC and Little Bear, LLC, please find
attached a complete application and supplemental information requesting written concurrence
from the U.S. Army Corps of Engineers (USAGE) and the N.C. Division of Water Quality (DWQ)
that the activities proposed below may proceed under Nationwide Permit 18 (for sformwater pond
construction), Nationwide Permit 39 (for parking and retail space), and General Water Quality
Certification GC3402 (per NWP18 8~ NWP39). Please contact me at [phone] if you have
any questions or require additional information.
PROJECT SUMMARY
Project Name Ho a Valle Commons
Project T e Commercial Develo ment
Owner / A licant Hu hes Baran Develo ment, LLC and Little Bear, LLC
Count Durham
Nearest Town Durham
Waterbod Name UT Third Fork Creek
Basin /Sub-basin 03-06-05
Index Number 16-41-1-12- 2
Class WS-IV;NSW
IMPACT SUMMARY
Stream Impact (acres): 0.053
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.053
Total Stream Impact (linear feet): 779
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Memo of Justification
Expired 401 Approval (DWQ#: 981271) Project Cover Sheet -Overall Site Plan
Expired 404 Approval (AID: 199821273) Impact Area 1A & 16
Figure 1, USGS Map Impact Area 2
Figure 2, NRCS Soil Survey Map $475 Application Fee to DWQ
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]

Office Use Only: Form Version March OS
4_3
,~'~E~E~01 72
USACE Action ID No. DWQ No.
iii any pamcuiar item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP39 & NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Hughes Baran Development, LLC Little Bear, LLC
Mailing Address: Attn: Jeff W. Baran Attn: Steve Macko
6409 Westgate Rd PO Box 1154
Raleigh, NC 27617 Morrisville, NC 27560
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jason Payne
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone]
E-mail Address: [e-mail]
Fax Number: [phone]
Page 1 of 9

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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hope Valley Commons
2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA
3. Property Identification Number (Tax PIN): 0718-01-18-5823, 0718-01-18-5947, 0718-
01-19-5141, 0718-01-19-7300, 0718-01-19-7392, 0718-01-19-7097, 0718-01-29-
0089, 0718-01-28-1693, 0718-01-18-8622
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
The site is located southeast of the intersection of Highway 751 and Highway
54 in Durham County (see attached vicinity maps). From I-40 take Highway
751 north to the intersection at Highway 54. Take a right at the intersection
and the site will be immediately on your right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9184 °N 78.9607 °W
6. Property size (acres): ± 27 acres
7. Name of nearest receiving body of water: UT Third Fork Creek; (WS-IV;NSW);
16-41-1-12-(2)
8. River Basin: Cape Fear (03-06-05)
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 9

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site is currently in mixed use, with the northeastern portion of the
property containing an existing Jiffy Lube, an abandoned residence is located
east of and adjacent to the Jiffy Lube, and the remainder of the property is
forested. Land use in the vicinity of this site is residential and commercial
development.
IV.
10. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a retail development. Impacts
associated with this expansion result from construction of an access road and
parking lot. Heavy equipment typically used for grading and excavation will
be utilized for this project.
11. Explain the purpose of the proposed work:
The purpose of the proposed development is to construct 160,800 square feet
of retail space on the approximately 21.75 acre project area.
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.
A USACE jurisdictional determination was issued for the property on January 5,
1999 (AID# 199821273). S&EC met both Todd Tugwell of the USACE and Danny
Smith of DWQ in 1998 prior to submitting a PCN application. During the on-site
determination meeting, Mr. Tugwell concluded that the stream would not require
mitigation. Similarly, Mr. Smith determined that the stream was intermittent by
DWQ standards, and also would not require mitigation for impacts. On December
23, 1998, S&EC submitted a completed PCN form requesting approval for impacts
under NWP 26. On February 25, 1999, the USACE issued NWP 26 (AID
#199821273) for impacts to 840 linear feet of stream channel and 0.18-acres of
jurisdictional wetlands (see attached). Likewise, the NC-DWQ issued the 401
Water Quality Certification Approval for the proposed impacts on February 1,
1999 (see attached). These approvals were never re-authorized and the previous
applicant did not follow through with construction.
S&EC was retained in January 2005 to re-evaluate the site for the presence of
jurisdictional wetlands and streams. Mr. Eric Alsmeyer of the USACE verified the
delineation during an on-site meeting November 16, 2005. During that meeting,
Page 3 of 9

Mr. Alsmeyer reviewed the previous determination, and verified that the stream
does not exhibit important aquatic function; as such, Mr. Alsmeyer determined
that impacts to this stream would not require mitigation and do not count toward
the 300-foot threshold of perennial stream impacts that necessitate the issuance
of an individual permit (i.e. the stream is intermittent). Mr. Alsmeyer also
determined that the areas previously called jurisdictional wetlands in the 1998
determination no longer exhibit adequate indicators of a jurisdictional wetland
(i.e. this area lacks the necessary indicators of soil reduction and hydrophitic
vegetation). Mr. Alsmeyer issued a Jurisdictional Determination and signed-off
on the delineation map for this site on 1/20/06 (AID# 200620275).
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.
S&EC is not aware of any future permit requests anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed activities include impacts to the jurisdictional stream for
construction of parking areas, retail space, and installation of a stormwater
treatment device (i.e. wet pond).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet

Total Wetland Impact (acres)
Page 4 of 9

3. List the total acreage (estimated) of all existing wetlands on the property:
There are no wetlands on the site.
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
Impact #1 UT Third Fork Creek Permanent Intermittent 2 feet 39 0.002
Impact #2 UT Third Fork Creek Permanent Intermittent 3 feet 325 0.022
Impact #2 UT Third Fork Creek Permanent Intermittent 3 feet 415 0.029

Total Stream Impact (by length and acreage) 779 0.053
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.053
Wetland Im act (acres): 0.0
O en Water Im act (acres): 0
Total Im act to Waters of the U.S. (acres) 0.053
Total Stream Im act (linear feet): 779
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Page 5 of 9

Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ®stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): The purpose of the pond is for stormwater
treatment.
Current land use in the vicinity of the pond: Forested
Size of watershed draining to pond: +/- 30 acres Expected pond surface area: 22,000 sf
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
S&EC met with Horvath and Associates to review and advise of site plan
alterations that result in reduced impacts to jurisdictional waters. Please
consider that although permit thresholds have changed, impact justification and
evidence of avoidance and minimization has not. Previous impacts were of a
similar magnitude and nature, and these impacts were granted considering the
same justification and similar measures of avoidance and minimization. The
applicant has reduced the impact to jurisdictional streams by 61-linear feet and
proposes improved stormwater treatment over the previously permitted activities.
Therefore, given that the previously permitted activities were granted with similar
justification and less avoidance and minimization, the proposed impacts are
actually more favorable. Mr. John Blackley of Horvath and Associates, has
addressed justification for the proposed impacts in an attached memo.
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 6 of 9

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 January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the proposed impacts are below the thresholds required by NC-DWQ
for mitigation, and the proposed impacts will not occur along waters of the US
with "important aquatic function" (i.e. perennial streams), mitigation should
not be required for the proposed impacts.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 7 of 9

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 8 of 9

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
It is anticipated that the percent impervious surface for the project will be greater
than 30%. A wet pond has been designed to treat storm-water runoff from the
new impervious. Please see the storm-water devices on the attached site plans.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The development will connect to an existing sanitary sewer system. The
municipality will ensure that this development does not exceed the available
capacity of the facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:/lh2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
..~/~/~~
f Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

~tA18~' a
Environmental Consultants,
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In BX,The Current Landowner
Name: j"{VGif~E"rr B,~t~{ IaaY~-te.~t"f . L1t.G
Address: ~o4oR Wt3~'GkiE Ra-~

Phone: Cqt~ 84"i~
Project Name/Description: ~Q,A~s yAL[g/~_
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District ~
F a ~x
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P.O. Box 1890 ~'< ; ~ ';
Wilmington, NC 28402 ~ ~ f
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Attn: ~ `" ~~
Pield Office: Y~,~~
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current proper owner, hereby designate and authorize Soil 6i Environmental Consultants, PA to act in my
behalf as my agent in the processing of permit applications, to upon st supplemental information in
support of applications, etc. from this day forward. The 's!+~~hda~- of a i0en- ,~ 2~_ .
This notification supersedes any previous correspondence caa~ceming the agent for this project.
NOTICE: This authoruaHon, for liability and professional courtesy reasons, is valid only for goventment
officials to enter the property when accompanied by S&EC staff You should call S&EC to arrange a site
m eting prior to visiting the site. J~ v~ ~~
5 ~ T' C wrter-*„
Print Property Owner's Name PUi~KA~R. eR ~ Si tore
~ uw~.
cc: Ms. Cyndi Karoly an Clazk
NCDENR - DWQ Soil k Environmental Consultants, PA
2321 Crabtree Boulevazd
Raleigh, NC 27604
ChariQgy Office• Greensboro Office
236 I.ePhillip Ct Suite C 3817-E Lawndale Drive
Concord, NC 28025 C3rccnsboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: {704)720-9406 Fax: [phone]

Fem>lt Related Document
ail & Environmental Consultants, FA
11010 Raven Ridge Road • Raleigh, North CaroWa • Phone: [phone] • Fax: [phone]
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: L!'7'7I.C ~~ L.Lc.
'~ - --~
Address: ~O• SAC ~ 154
__ .~SYI t..c,,a , tit. G . 275(00
Phone: Cgl~~ ~3_~~,
Project Name/Description: NOI~ yatlr:`I ~ikoJS
Date: _B • I • ~~"
~~
'The Department of the Army
U.S. Army Corps of Engineers, Wilmington District , ~,~
P.O. Box 1890 ` '
Wilmington, NC 28.402 r ~ '° ;; , , . .
Attn: ,~: ~,, .
Field Office: ,
Re: Wetlands Related Consulting and Permitting
To Whom it May Concern:
I, the current ro owner, hereby designate and authorize Soil do Environmental Consultants, PA to act in my
behalf as my agent in the processing of permit applications, to f~nish upon request supplemental information in
support of applications, etc. from this day forward. The ^~ "' day of k S ~ ~ 2 oQS_
Tlvs notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by SdtEC staff. You should call S&EC to arrange a site
meeting p~r`iwor~ to visiting the site.
~~.~ 1- T~+W ~. r
t.lTftr ~Q ~ ~.t.Cr ~,
Print Property Owner's Name Property Ov+mer' lure
cc: Ms. Cyndi Karoly
NCDENR - DWQ
2322 Crabtree Boulevard
Raleigh, NC 27604
Charlotte Office:
236 LePhillip Ct. Suite C
coma, Nc 2sozs
Phone: [phone]
Fax: (704}720-9406
cc: Mr. Sean Clark
Soil k Environmental Consultants. PA
Greensboro Office
3817-8 Lawndale Drive
Greensboro, NC 27455
Phone: (33b) 540-8234
Fax: (33b)540-8235

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James 8. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
~~•
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL R>_50URG
February 1, 1999
Durham Connty
DWQ Project ~ 981271
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Wayne Yeargan
YHG-II, LLC
4208-303 Six Forks Road
Raleigh, NC 27609
Dear Mr. Yeargan:
~~_
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to
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You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.18 acres
of wetlands and 840 fat of streams for the purpose of commercial development at Hope Valley Commons at NC 54 and NC 751,
as you described in your application dated December 23, 1998. After reviewing your application, we have decided that this fill is
covued by General Water Quality Certification Number 3108. This cutification allows you to use Nationwide Permit Number
26 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (iwt not limited to) Sediment and Erosion Control, Coastal Stotmwater, Non-Discharge and Watu
Supply Water shed regulations. Tltis approval will expire when the accompanying 404 or LAMA permit expires unless otherwise
spexified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a now application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thueby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 1SA NCAC 2H .0506 (h) (6) and {7). For this approval to be valid, you must follow the conditions listed in the
attached ccrtificativn and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on ail lots with remaining jurisdictional wetlands and waters to notify the
state in order to assure compliance for future wetland attdlor water Impact. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 444 Permit {whichever is later).
2. An additional condition is that a final, written stormwater plan including a wet detention basin must be approved by DWQ before
wetland {ar stream} impacts occur. Also, before any building is occupied at the subject site the stormwater treatment facilities shall be
constructed and operational and the stormwarer management plan be implemented.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
1SOB of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. 'Phis certification and its conditions are final and binding unless you ask for a hearing.
This lotto completes the; review of the Division of Water Quality under Section 40t of the: Clean Water Act. if you have
any questions, please telephone John Dorney st 919-733-1786. '
Sin ly,
t n How r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domey
Central Files
Todd St. Joan
Kevin Martin, S & E C 481271.1tr
Division of Water Quality •Non-Discharge Branch
4401 Resdy Creek Rd., Raleigh, NG 27607 Telephone [phone] FAX ~ 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycied/10% past consumer paper

r~ V I
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 199821273 County:
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property
Owner YGH-II LLC
Attn• L. Wa ne Yeazgan
Address 42Q8-303 Six Forks Road
Raleigh, North Cazolig~ 27609
Telephone Number 919-782-2223
~ ~ .~
ry :~
~ '.
- ~nr~wT
Authorized
Agent
evin Martin
Address 244 West Miilbrook Road
R eig~. NC 27609
Telephone Number 919-84 -5900
Size and Location of Property (waterbQdv~ghway nom /number, town. etc.):
The site is approximately 20 acres in size and is located southeast of the intersection of NC 751 and NC
54, in Durham, Durham County, North Carolina. The site is adjacent to an unnamed tributary of Third
Fork Creck, above headwaters, in the Cape Fear River Basin.
Descriutioa of Activity=
This permit authorizes excavation, and the placement of gipes and fill, flooding and stabilization with
riprap associated with the construction of Hope Valley Commons commercial development Impacts to
wetlands and waters authorized by this permit tota10.10 acre.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
26 Nationwide Permit Number
Any violation of the conditions of the Regioaa! General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
re4eve the permittee of the responsibility to obtain any other required Federal, State, or local
approvalslpermits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd ~'ugwell at telephone numberr~9l ~) 876 - 8441 extension 26
Regulatory Project Manager
Date February 25, 1999 Expiration Date 15 September. 1999
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FII.E} COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Durham City/County Planner

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Project Mgr.: NC 54/751
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scale: Durham County, NC
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02/08/05 SW Durham
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----- NC 54-NC751 ~~k x& Environmental Consultants, Yii
Project Mgr.: RL Horvath Assoc. ~1~U10 Raven Ridge Rd.• Raleigh, NC 27614
- TP Durham County, NC (919} 846-5900 • [phone]
Scale: ~ ~ ~ r ~, Web Page: wwnw.SandEC.com
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02/08/05 Durham County Soil Survey ~

MEMORANDUM
DATE: Jan. 20, 2006
TO: U.S. Army Corps of Engineers
From: John Schrum, P.E.
John Blackley, RLA
RE: Hope Valley Commons Shopping Center
Stream Impact Rationale
The proposed Development's internal transportation network of drives have been
required to provide set access points of site entrances along N.C. 751 and N.C. 54. These
points of access into the property are required to have a minimum offset distance
measured from the intersection of N.C. 751 and N.C. 54. The N.C. 751 is approximately
600 feet and the N.C. 54 entrance driveway is 700 feet and is to align with the future
Garrett Road extension. These limit points of access and locations were set based on road
design policies by the N.C. Department of Transportation "Policy on Street and Driveway
access to North Carolina Highways" (Control Dimensions, page 52). The entrance drives
will funnel traffic into the development and distribute it throughout the site by
interconnectivity with other parcels without direct public street access. The proposed
location for the channel impact crossing is needed to be along the southern boundary line
to service this retail development as well as a future office project adjacent to the
property. It is required to connection and share the drive so it can access N.C. 751.
NCDOT determined thru their preliminary design review that this driveway location best
services the project to distribute traffic into and out of the site more evenly while
relieving traffic congestion along N.C. 751 (see impacts 1 A & 1 B-sheet 0002).
Therefore, an impact on the existing unimportant channel is needed at this point. Areas
north of the channel impact will require grades to be elevated to provide proper surface
slopes, sewer connections, drive aisle interconnectivityhetween parcels and storm water
routing to a water quality basin. The total amount of impact will be approximately 365
linear feet.
An alternative design was consider in the past to move the crossing impact up the
channel. However, traffic safety issues, adjacent property access to the entrance
driveway, the separation distance from N.C. 751/N.C. 54 intersection to the driveway
access point, and inadequate stacking space of vehicles exiting the site lead to the
decision by local and state agencies to reject the design based on safety issues as per
guidelines set by "NCDOT Policy on Street and Driveway Access to N.C. Highways". A
further justification to consider is when development is allowed within the site outside of
the channel areas and the channel is not impacted. The developed land area around the
channels could be paved and surface runoff above the driveway crossing would be
captured and treated down stream from this area. The channel becomes dried up and

would lose any groundwater and surface water discharge feeding it, thus becoming
ineffective. This is an example of a direct impact avoidance that does not necessary avoid
an indirect impact of a channel.
A second impact consideration is proposed "Wet Pond" water quality structure to be
located south of the proposed main access drive for the project (see impact #2-sheet
0003). The pond is designed to treat all on-site stormwater runoff for the retail
development and the adjacent office development. Furthermore, off-site stormwater
runoff from N.C. 54 and N.C. 751 currently feeding into the channel untreated will be
routed by a proposed storm piping network into this new structure (Required for new
development by the city of Durham Stormwater regulations). This area will therefore be
treated for 85% TSS removal which currently is not treated. Grading activities to provide
3:1 side slope contours shall be tied back to existing or proposed grade contours. This
requires filling in parts of the existing channel. Areas around the wet pond will be
replanted with native species of trees, shrub and groundcover to act as a forested filter
strip to protect downstream conditions where any water maybe discharged thru the filter
strip. The total amount of channel impact approximately 415 feet. A previous approved
Site Plan dated 12/4/2000 by the Durham City Council of the property allowed for greater
impacts of the channel to occur further downstream from this proposed justification. A
permit for impacts were filed and granted by the Corps and DWQ. Although that permit
approval recently expired within the last year, development conditions in the area have
not changed. This proposed impact is located upstream of the previous and has less linear
footage of channel impact.
Bio-retention cells were considered as an alternative treatment option. However, City of
Durham regulations and policies restrict the size of treatment by individual cells to 1 acre
in drainage area. Since the treated area draining into the system exceeds 25 or more acres,
land disturbance areas and impacts would be about the same amount or more should a
series of bio-retention cells were placed along or near both sides of the channel as well as
throughout the site. Drainage piping and maintenance access would be required to each of
the individual cells near or within the channels (City of Durham Public Works Reference
Guide for Development manual).
In conclusion, we feel the impacts are justified for wet pond structure location. The water
quality structure would benefit the downstream conditions where current and future
development stormwater runoff is filtered through the wet pond system. Current
conditions provide no stormwater treatment as runoff from existing streets and
impervious areas drain into this area and proceed downstream to Third Fork Creek. The
proposed treatment system and location provides the best option to achieve this function
and to keep channel impacts to a minimum in order to achieve the City of Durham
stormwater requirements.

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PIN, TAX MAP NUMBERS '
PIN 07113-01-18-5823, T.M.# 427-01-020
~ ~ PIN 0718-01-18-5947, T.M.# 427-01-019
PIN 0715-01-19-5141 T.M.# 427-01-018 '
PIN 0718-01-19-7300, T.M,# 427-01-014 '
.~ PIN 0715-01-19-7392, T.M.# 427-01-013 '
~ PIN 0718-01-19-1097, T.M,# 427-01-012 '
PIN 0718-01-29-0089, T.M.# 427-02-004 '
PIN 0718-01-28-1693, T.M.# 427-01-010 '
PIN 0715-01-18-8622, T,M.# 427-01-0I 1 '
HORVATH
ASSOCIATES
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OVERALL PROJECT/ COVER SHEET
SCALE: 1"=150'
HOPE VALLEY
COMMONS
N.C. 751/
DEVELOPMENT SUMMARY ~ DURHAM
DEVELOPERS/APPLICANTS:
HIIGHES-BARAN DEVELOPMENT, LLC
C/0 JEFf SARAN
6409 WESTGATE ROAD
RALEIGH, N.C. 21611
(919( 847-7309
(919( 848.9854 FAX
' NORTH CAROLINA
LrtTLE BEAR, LLC PROJECT
P.o, Box 1154 COVER
MORRISVILLE, N.C.27560 SHEET
SITE SUMMARY (SHOPPING CENTER):
Total Land Area - 21.75 ac. (947,430 s.f.) '
Exisi'mg Zoning - SC(D), RM-16 '
Proposed Zoning -SC(D( '
River Basin: Cape Pea
Watershed Distilct F/J-B
Site ins'Ide City Limits, Ins(de UGA '
Existing Land Use: Vacant Residential Uses '
Proposed Land Use; Shopping Center Uses r '~
Total Building Sq. Ft. aea;160,800 s.f,
;:
IMPACT
N0. TYPE CHANNEL AREA
IMPACTS
(CH ONLY} BUFFERED
CHANNEL
CH ONLY
1 CHANNEL 39 L.F. N/A
2 CHANNEL 325 L.F. N/A
3 CHANNEL 415 L.F N/A

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