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11010 RAVEN RIDGE ROAD
RALEIGH, NC 27614
846-5900

DWQ
512 N. SALISBURY STREET
RALEIGH, NC 27604
828-0303
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PROJECT
SIGNATURE PRINT 3 DATE TIME
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
October 10, 2011
S&EC Project # 4433.P2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office WebSCaPe Unit
Attn: Andrew Williams Attn: Karen Higgins
3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street-9`h floor
Wake Forest, NC 27587 Raleigh, NC 27603
From: Nicole Thomson
Soil &Environmental Consultants, P.A. FAY ??
11010 Raven Ridge Road
Raleigh, NC 27614 (?'? ?cf 9 'e, j?
Re: Churton Street (Old NC 86) Widening, Orange County, NC
Ar
On behalf of our client, Stratford, Attn: Mr. Jim Ciao, please find attachedlaxomplete application and supplemental information ?T&r
requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) th
the activities proposed below may proceed under Nationwide Pe-mits 14 and General Water Quality Certifications 3820. Please note y
that the applicant has already secured a Neuse River Riparian Buffer Authorization from Orange County which is included in
the supplemental information attached to this Preconstruction Notification. Please contact me at [phone] if you have any
questions or require additional information.
PROJECT SUMMARY
Project Name Churton Street Old NC 86) Widening
Project Type Road Widenin
Owner / Applicant Stratford Jim Ciao)
County Orange
Nearest Town Hillsborough
Waterbod Name UT to Cates Creek
Basin / Sub-basin 03-04-01
Index Number 27-2-8
Class C; NSW
USGS Cataloging Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.004
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.004
Total Stream Impact (linear feet): 43
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization Form
USGS Topographic Site Vicinity Map
NRCS Soil Survey Site Vicinity Map
Orange County Stream Determination letter
404 Authorization (AID 2008-00133))
401 Approval (DWQ Project No. 05-1967, Ver. 3)
Orange County Neuse Buffer Rules Authorization Certificate
NC Dept. of Transportation (NC DOT) Memo
Impact Map Details
$240 Application Fee to DWQ
O?OF WATF9oG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
®Section 404 Permit El Section 10 Permit
Corps:
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
Todd Tugwell (USACE) previously determined that any jurisdictional impacts ® Yes ? No
associated with roadway infrastructure would utilize the NWP 14 and that
those impacts would be separate from the adjacent Waterstone Development.
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
? Yes ® No ? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Churton Street (Old NC 86) Widening
2b. County: Orange
2c. Nearest municipality / town: Durham
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state N/A
project no:
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3. Owner Information
3a. Name(s) on Recorded Deed: N/A Existing Transportation Corridor
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): Stratford
3d. Street address: 3737 Glendwood Ave.
3e. City, state, zip: Raleigh, NC 27612
3f. Telephone no.: 919-573-6102
3g. Fax no.: N/A
3h. Email address: N/A
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Applicant is Developer as listed on the Agent
Authorization; please copy agent (S&EC) on all correspondence
4b. Name: Mr. Jim Ciao
4c. Business name
(if applicable): Stratford
4d. Street address: 3737 Glenwood Ave.
4e. City, state, zip: Raleigh, NC 27612
4f. Telephone no.: 919-573-6102
4g. Fax no.: N/A
4h. Email address: N/A
5. Agent/Consultant Information (if applicable)
5a. Name: Nicole J. Thomson
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 12
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): N/A - linear road widening
1 b. Site coordinates (in decimal degrees): Latitude: 36.0414 Longitude: - 79.0987
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: N/A Existing Transportation Corridor acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Cates Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: 27-2-8; C; NSW; 03-04-01
2c. River basin: Neuse River Basein (USGS Cataloging Unit 03020201)
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 proposed project occurs adjacent to the existing maintained right of way for Churton Street (Old NC 86). There is
also a new sanitary sewer corridor adjacent to the western side of Churton Street.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A - there are no wetlands within the existing Churton Street right of way.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A - this is a linear transportation project within an existing right of way
3d. Explain the purpose of the proposed project:
The applicant is proposing to widen approximately 4,400 of Churton Street from its intersection with Interstate 40 (1-40)
to just north of its intersection with Waterstone Drive. The purpose and need of this road widening is to install additional
north and southbound turn lanes to provide additional vehicular storage along this section of Churton Street as required
by NC Department of Transportation (NCDOT) based upon the October 2008 Traffic Impact Analysis performed by
Kimley-Horne & Associates, Inc. (see attached NC DOT memo).
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical excavating and grading equipment such as bulldozers, backhoes and motor graders will be used during
construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past?
®Yes ? No El Unknown
Comments:
Todd Tugwell (USACE) previously visited the site in June
and July of 2004 to make jurisdictional determinations.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC, PA
Name (if known): Sean Clark Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
As mentioned above, the US Army Corps of Engineers (USAGE) previously visited the site in June and July of 2004 to
make jurisdictional determinations. The USAGE issued the JDs with previous 404 Verifications noted in AIDs #
199921039, 200020177, 200620520, 200800133 & 201001940. Holly Rennell of Orange County also visited the site in
2004 to review the channel features and make stream determinations. Will Autry, also of Orange County, re-visited the
site in 2005 confirming Holly Rennell's determinations and generating a Neuse Buffer summary letter. Mr. Autry's
determinations are reflected in the attached letter and supplemental maps.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
In 2007, the NC Division of Water Quality (NC DWQ) authorized asymmetrical widening to the east for Churton Street
to allow for turn lanes and tapers into the existing Waterstone Drive (see attached 401 Approval, DWQ Project No.
051967, Ver. 3). The USACE authorized the project in January of 2008 (see attached AID 200800133). Please refer to
the attached approvals for 25 linear feet of permanent stream impact, 0.02 acres of permanent wetland impact and
6,346 square feet of Neuse River riparian buffer impacts associated with that phase of the widening project. On
February 22, 2011, representatives for Stratford Development, Kimley-Horn and Associates and S&EC met with
Orange County staff to review the proposed road widening project for Churton Street. On October 3, 2011, Orange
County authorized the proposed Neuse Buffer impacts for the project (see attached NBR Authorization Certificate dated
October 3, 2011).
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers *Please not Orange County issued the
Neuse River Riparian Buffer Authorization Certificate for this project on 10/3/2011
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments: There are no wetlands within the proposed road widening corridor.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ® P ? T
Impact #2 (sht. 3) Culvert extension UT to Cates Creek ? PER
® INT ® Corps
? DWQ 4' 43
3h. Total stream and tributary impacts 43
3i. Comments: Due to the location of the current pipe and the NCDOT cited requirment for the road widening, this stream
cannot be avoided and the pipe must be extended an additional 43 feet to accomodate the new lane tapers and fill slopes.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
4f. Total open water impacts 0
4g. Comments: There are no open water impacts proposed for this project.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
5f. Total 0 0 0 0 0 0 0
5g. Comments: There are no ponds proposed to be constructed with this project.
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
® Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6a. *Please note that this project received a Neuse River
Project is in which protected basin? Riparian Buffer Authorization from Orange County on
10/3/2011; see attached Authorization Certificate from
Orange Count .
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required?
B1 ® P ? T Road ning UT to Cates Creek ®Nos 540 1,322
B2 ® P[1 T WidRoad ening UT to Cates Creek ®Nos 2,519 1,918
6h. Total buffer impacts 3,059 3,240
6i. Comments: The Churton Street widening project received a Neuse River Riparian Buffer Authorization Certificate
from Orange County (locally delegated authority) on October 3, 2011. Please see the attached authorization letter
from Orange County. We provided the riparian buffer impacts as a courtesy only and are not requesting approval
from the NC DWQ.
Page 6 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant requested a detailed delineation of streams and wetlands within the existing transportation facility. The
proposed stream crossing cannot be avoided due to the location of the culvert under existing Churton Street. As previously
stated, the purpose and need of this road widening is to install additional north and southbound turn lanes to provide
additional vehicular storage along this section of Churton Street as required by NC Department of Transportation
(NCDOT) based upon the October 2008 Traffic Impact Analysis performed by Kimley-Horne & Associates, Inc. (see
attached NC DOT memo).
The applicant is also aware of the regional conditions associated with the Nationwide Permit 14. The applicant is not
proposing to create any uplands for this project; the proposed stream crossing is strictly an upland to upland crossing.
The stream classification for this project is C; Nutrient Sensitive Waters (NSW) (i.e. not Outstanding Resource Waters
or High Quality Waters).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction of the proposed piped impact will consist of by-pass storm piping to ensure constant flow within the stream
is maintained. Orange protective silt fencing will be placed outside of the impacted roadway corridor to ensure protection
of the non-impacted riparian buffer area. It is the intent of this plan for construction impact to take place during the dryer
months of the year.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in-lieu fee program

pro
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: The Churton Street widening project received a Neuse River Riparian Buffer Authorization Certificate
from Orange County (locally delegated authority) on October 3, 2011. Please see the attached authorization
letter from Orange County. No mitigation was required for this project as the proposed buffer impacts are
"allowable" per the table of uses.
Page 8 of 12
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The Churton Street widening project received a Neuse River
Riparian Buffer Authorization Certificate from Orange County (locally ® Yes ? No
delegated authority) on October 3, 2011. Please see the attached
authorization letter from Orange County. Diffuse flow is provided via pre-
formed scour holes.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A linear transportation project %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
As the proposed impacts are associated with a linear transportation project (required by NC DOT), this project will be
subject to the NCDOT Best Management Practices (BMP) manual for the required stormwater runoff treatment.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 10 of 12
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. This project
proposes to widen an existing road and is not a "road on a new location" and therefore should not result in additional
development within the area. The draft document states that small scale widening projects are unlikely to cause
cumulative impacts. The proposed Churton Street widening will add very little additional impervious surface and is within
an already developed landscape. We anticipate that you will advise us if a qualitative or quantitative impact analysis is
required.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
It is not anticipated that the proposed road widening will generate any wastewater.
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Previous widening on Churton Street was approved by both the USACE and NC DWQ before. We therefore do not
anticiapte that this is an issue.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Orange County which is not near any coastal or tidal habitat that would support EFH (i.e. salt
marshes, oyster reefs, etc.)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Previous widening on Churton Street was approved by both the USACE and NC DWQ before. We therefore do not
anticiapte that this is an issue.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: The project will not modify the existing topography within the
floodplain.
8c. What source(s) did you use to make the floodplain determination? http://www.ncfloodmaps.com/
Nicole J
Thomson October 10,
.
'A 2011

Applicant/Agent's Printed Name ppli, nt / es i na u
_w
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
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Project Number: Map Title:
4433.P3 Figure I - Churton 5tree
Project Manager: Soil & Environmental Consultants, PA
NJT (Old NC 8G) Widening 11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Scale: I"= 1,000' Orange County, NC Web Page: www.SandEC.com NIB Date: Source: 1976 NRC5 5oll Survey
10/5/1 1 Sheets 18 t 19
Pri s

M

Churton Street (Old NC 86) Widening
14
Project Number:
4433.P3
Project Manager:
NJT
5cale:
I 1 '000,
Date:
10/5/1 1

Map Title:
-lgure 2 - Churton Street
(Old NC 8G) Widenln • Soil & Environmental Consultants, PA
9 11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] - [phone]
Orange County, NC Web Page: www.SandEC.com
Source: U5G5 Topographic Map
hlllsborough Quad
ORANGE COUNTY PLANNING & INSPECTIONS
Craig N. Benedict, AICP, Director
Administration 245-2575
e,ec? rY AErosion Control Division y* '?
[phone] x -
[phone] (FAX)
www.co.orange.nc.us k•.,, ?,.Wy"'
December 19, 2005
Mr. Kevin Yeats
The John R. McAdams Co., Inc.
PO Box 14005
R.I P, NC 27709
Mr. Sean Clark,
Soil & Environmental Consultants PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: WA.TERSTONE
Neuse Stream Determination, Lower Eno Watershed
PIN 9873-25-2100 TMBL 4.45..2
Dear Sirs;
DEPARTMENT
306F Revere Road
P O Box 8181
Hillsborough, NC 27278
ECLIVF+
G? C :? ? ? i?u u
Br Suva Ei Ea.ernnenca+ C.«?ecan?s ??
This letter serves as confirmation of an on-site Neuse determination made by Orange
County Erosion Control Division staff for the. referenced property, Through local delegation
from the NC Division of Water Quality, Orange County enforces a stream buffer along
intermittent and perennial surface waters per the Stormwater Ordinance for Lands within the
Neuse River Basin, Orange County, including Hillsborough's planning jurisdiction. Be
advised that the Orange County Erosion Control Division staff will also need to review a
master plan for this entire project to ensure that Neuse buffer impacts are minimized, and so
that we may issue an Authorization Certificate as needed.
This determination was conducted based on recent applications to the Town of Hillsborough
to begin development of the property. The evaluation was conducted with Mr. Clark of
S&EC and showed that there are water features on the property which are subject to the
ordinance. These water features are approximately referenced on the attached aerial
photograph i map, and should easily correspond to maps already prepared by McAdams
and S&EC for the purposes of 404 permitting, 401 certification, and any required isolated
M AFrosim t;onttol Dkv%Struam CalKt9005Neusr' 121905. TMBL4.4b..2.WA1 ERSIONE7
Messrs. Yates and Clark
Palle 2
December 19, 2005
wetland permitting. The subject water features will require a typical Neuse buffer, consisting
of an undisturbed, 30' Zone 1 to be measured from the top of the stream bank or normal
pool elevation of ponds landward, and an outer, 20' Zone 2, in which clearing and minor
grading is allowed.
The following is a description of how the buffers affect the property:
1. The previously mapped water feature noted as Feature A is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This point appears to be upstream of the one previously marked by S&EC,
may be north of the applicant's actual property line, and is located at the breech of an
abandoned dam.
2. The previously mapped water feature noted as Feature B is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This flag is located at the downstream end of a wetland that has been
delineated by S&EC.
3. The previously mapped water feature noted as Feature C is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This flag is located at what appears to be an old well.
4. The previously mapped water feature noted as Feature D is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
5. The previously mapped water feature noted as Feature E is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
6. The previously mapped water feature noted as Feature F is subject to the buffer
requirements downstream of a point which has been flagged in the field for
reference. This feature appears to be shorter on the ground than indicated on the soil
survey map.
7. The previously mapped water feature noted as Feature G is subject to the buffer
requirements across the property.
8, The previously mapped water feature noted as Feature H is subject to the buffer
requirements across the property.
9. The previously, mapped water feature noted as Feature I is subject to the buffer
requirements across the property. Be advised that Feature 1, Cates Creek, has a
FEMA-identified Floodplain, and appears to ALSO be subject to Hillsborough Stream
TA.%Erosion Control Div%Stream Calls'12-005',,NeuW121905.TMBI-4.45..2.WATERS` ONL
Messrs. Yates and Clark
Page 3
December 19, 2005
Buffer requirements. You should contact Margaret Hauth with the Town to ensure
that the following information is correct:
a. Hillsborough Definition - Stream Buffer An area of land lying adjacent to
perennial streams which shall be required to remain in an undisturbed state,
unless the area is subject to serious erosion, in which case erosion resistant
vegetative cover shall be established and maintained.
b. Hillsborough Definition - Perennial Stream Stream which is shown as a solid
blue line on the United States Geodetic Survey quadrangle map of the Town.
c. Section 7.11.2b - The width of the stream buffer along perennial streams shall
be fifty (50) feet measured from the middle of the stream.
If you have further questions about the application of the Zoning Ordinance to this property,
or how to calculate the buffer lengths, please contact Current Planning Staff at 919-245-
2575.
Sincerely,
rD.'+,+Vill Autry, CPESC
Erosion Control Officer 11
Attachments: Aerial Photograph I Map
C: OC Current Planning Staff
OC Erosion Control Staff
Cyndi Karoli and John Dorney, DWQ
Todd Tugwell, USACE
Margaret Hauth, Town of Hillsborough
File
MAErosion Control DiVStream Calls120051Neuse1121r905.TMBL4.45-20ATERSTONE
Meuse Buffer Mules
Stream Determination
(per 15A NC'AC 2B.0233)
0
Subject Feature I
' . Also Subject to J
?,. Hillsborough Buffer i
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Owner InMrnwHon:
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RALEIGH. NC 27612-7612
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Subject Feature H

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Orange County, NC
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Owner Information; Subject Feature fv
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Fact
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U.S. ARMY CORPS OF ENGINEERS
WHIVIINGTON DISTRICT
Action ID. SAW-2008-00133 County: Orange USGS Quad: Hillsborough
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Town of Hillsborough F
Address: Attn: Eric Peterson
P.O. Box 429 FEB 04 2008
Hillsborough. North Carolina 27278
:..:. . »n
1 .z
Telephone No.: 919432-1270
Size and location of property (water body, road name/number, town, etc.): Approximately 5 acres:. Located at Old NC
Highway 86 immediately north of the existing Waterston Drive.
Description of projects area and activity: This anthorization is for the discharge of 25 linear feet of 42" RCP within
an unnamed tributary to Cates Creek and the discharge of clean fill into 0.02 acre of wetl ds contiu us with the
same unnamed tributary to Cates Creek for a single road widening project The protect must be conducted in
accordance with the application. and drawings submitted on December 03,2_007 except for nape 5 of 10, which was
updated on January 2.2008.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and-Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a-stop work order, a restoration order and/or appropriate legal action.
. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under` construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permmittee of the responsibility to obtain any other required Federal,
Stated"br local approvals/permits.
. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at telephone number 919-876-8441 extension 26.
Corps Regulatory Official 4dt-aj ludz- ? Date: January 14, 2008
Expiration Date of Verification: January 14, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at bM://reMiatory.usacesurvev.com/ to complete the survey
online.
Page 1 of 3
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the-permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The stream Is .& relatively permanent water (RPW) and an unnamed tributary to the
Cates Creek, a tributary to the Eno River, a tributary to Falls Lake Falls-Lake is an impoundment of the Neuse River and a
traditionally navigable water (T . Falls Lake empties into the Neuse River, a navigable water of the United States The
wetlands are contiguous with the unnamed tributary and meet-the hvdrophytic vegetation, wetland hydrology, and hydric soil
criteria of the 1987 Corps of Engineers Wetland Delineation Manual.
This iurisdictional determination is only for the waterstwetlands proposed for impacts associated with this Nationwide Permit
and does not include any other waters/wetlands that may be located on the property.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn. Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 13,
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: „AWN"'Ad
Date January 14,200
8
Expiration Date Januarv 14.2013
Page 2 of 3
Summary of Authorized imn2etc 2nd Ronnired Mitio2tine
Action ID NWP / GP en Water ac Wetland ac Unimportant Steam Important Stream 1
. # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
SAW-2009-
00133
,p 14

0.02

25

Impact Totals 0.02 25
Total Loss of Waters of the U.S. ac 0.02 Total Loss of Waters of the U.S . 25
Required Wetland Mitigation, ac 0.04 In-Lieu/EEP Required Stream Mitigation Of) 0
Additional Remarks and/or Special Permit Conditions:
Special Conditions:
1. The In Lieu Fee payment for 0.04 acre of riparian wetlands must be made to the-North Carolina Ecosystem
Enhancement Program prior to conducting the authorized project.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Nicole Thomson
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Page 3 of 3
Action ID Number:SAW-2008-00133 County:Orange
Permittee: Town of Hillsborough-Eric Peterson
Date Verification Issued: January 14, 2008
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH-CAROLINA 28402-1890
Please note that your permitted activity is subject-to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the. above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Applicant: Town of Hillsborough File Number: SAW-2008-00133 Date: Jan 14, 2008
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II. of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved'
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
•' id• Y?tr'+'?}F't?'?i? "r }4s¢7v*.na' ?v .tS?E,pd4iy`'] "'+rr "". ..
P11151 1111,1,18,
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your r
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is alread in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division
6508 Falls of the Neuse Road, Suite 120 60 Forsyth Street, Room 9M15
Raleigh, North Carolina 27615 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of a ellant or. agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington-Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh
Regulatory Field Office, 6508 Falls of the Neuse Road, Suite 120, Raleigh, North Carolina 27615
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801

Micbnl F. Easley, Governor
William G. Roan k.. Sem9ary
North Cardin Depothrtmt of Batimanent acrd Noland Resources
Coleco H. Sullins, Matter
Division of Wow Quality
December 20, 2007
DWQ Project # 05-1967, Ver. 3
Orange County
Mr. Eric Peterson
Town of Hillsborough '
P.O. Box 429
Hillsborough, NC 27278 JAN 0.7 2009 Li
i
Subject Property: Old Higi way.06 Widening - W>aterstone Drive- REVISED
Ut to Cates Creek [03040127-2-8 C, NSW]
Approval of 4101 Water Quality Certification and Authorization Certificate per the Nen:e River
Buffer Protection Rake (15A NCAC 213 .0233) with Additional Conditions - MODIFICATION
Dear Mr. Peterson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.02 acres of 404/wetland, 5 linear fat of perennial stroam, 20 linear feet of
intermittent stream, 3,603 square feet of Zone 1 protected Neuse River basin riparian buffers, and 2,743
square fat of Zone 2 protected Neuse River basin riparian buffers to construct the proposed commercial
development, as described in your revised application dated December 3, 2007, and received by the
Division of Water Quality (DWQ) on December 3, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704).
The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps
of Engineers (USACE). This Certification replaces the Certification issued to you on December 19,
2007. This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 1 SA 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, and Non-discharge 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 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 its 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 1 SA
NCAC 2H.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
401 OversighVExprew Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phonc: 919-733-1786 /FAX [phone] / Int met: h g:ft2o.enr.smte ne.as/ncwet leas
.. ?, try r ,
An Equal Opportunity/Affirmative Action Employer- 500/. Recycled/l 0% Post Consumer Paper
i:,y?pRwM'?'F'?gn.W"??!i+FYN,IM :IMM.F ,
Town of Hillsborough
Page 2 of 4
December 20, 2007
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 includin incidental im acts:
Type of Impact Amount A roved nits Plan Location or Reference
404/Wedand 0.02 acres PCN e 5 of 10
Stream - perennial S linear feet PCN e 6 of 10
Stream - intermittent 20 linear feet PCN e 6 of 10
Buffer - Zone 1 3,603 (square ft. PCN page 4 of 10
Buffer -Zone 2 2, 743 s uare ft. PCN page 6 of 10
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in'we'tlands; 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(httt)://www.nedot.orgLdoh/overations/BMP manual/downloadBUT Manual pdfl
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Town of Hillsborough
Page 3 of 4
December 20, 2007
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement: of culverts and oth ef structures in waters, streams, and wetlands. must be placed below
the elevation of the streambed by one foot for all culverts wifh a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low now passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or sh=mbeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to We
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project, Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,.
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/nr.wetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning; fencing

Town of Hillsborough
Page 4 of 4
December 20, 2007
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B.0233 and GC3627;
8. 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.
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,r?you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 91.9-733-1786. ///
CHS/ m
Enclosures: GC3704
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051967Ver3OldHighway86WideniiRgWaterstoneDr(omge)4ol_NBR MOD Revised

Certification of Comple=
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of Al work,approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return- this certificate to'the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form mayl be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to siend
certificates from all of these.
Applicant's Certification
11 . hereby state ffiat, to the best of my abilities, due care and diligence Nwas
used in the observation of the construction such that the oonstruction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specificatiams,
and other supporting materials.
Signature: Date:
Agent's Certification
L . hereby state Aa4 to the best of my abilities, due care and diligence wvas
used in the observation of the construction such that the construction was observed to be built within substanltial
compliance and intent of the 401 Water .Quality Certification and Buffer Rules, the approved plans and specificatimns,
and other supporting materials.
Signature:
Date-.
If this project was designed by a Certified Professional
_1.
L as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodicaUly,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built witffiiin
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Erosion Control Division
[phone]
[phone] (FAX)
www.co.orange.nc.us
306F Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
October 3, 2011
r?4s? SJ ?Iit
Ms. Nicole Thomson
Regulatory Specialist
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Churton Street (Old NC 86) Widening
Hillsborough, Orange County, NC
Buffer Impacts Two Unnamed Tributaries to Cates Creek
Neuse Buffer Rules AUTHORIZATION CERTIFICATE
Dear Ms. Thomson:
Upon review of the proposed impacts to the protected riparian buffers on the referenced
site, Orange County has determined that the requirements for a "No Practical
Alternative" have been met. Thus, the County as local delegated authority grants this
Authorization Certificate approving the allowable uses described in your plan.
Specifically, you have been granted approval, in accordance with the conditions listed
below, to impact portions of the protected riparian buffer for the purpose of widening
Churton Street (Old NC 86) just north of its intersection with Waterstone Drive.
Widening Churton Street is necessary to install turn lanes required by the North
Carolina Department of Transportation (NCDOT) to accommodate additional traffic
volume.
According to your submittal, the project will impact riparian buffer along two unnamed
tributaries of Cates Creek. Impact area 1 proposes 1,862 square feet of impact and
Impact area 2 proposes 4,437 square feet of impact. Impacts to both zone 1 and zone 2
are proposed. Based on the information provided, we concur that impacts to both zones
have been minimized to the extent practicable and that the impacts are allowable, and
therefore do not require further mitigation.
SA5 Erosion Control and Water Quality\Erosion Control and Water Quality\Erosion Control DivUdeuse Buffer\Authorization
Certificates\201I\Higway 86 Widending 100311.docx
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Ms. Thomson
Paae 2
This approval is only valid for the purpose and design described in your submittal dated
September 7, 2011. Any change to the project requires notification to our Office and
may require submittal of a new application. If ownership of the property is transferred to
another person(s) or entity, the new owner(s) will be responsible for complying with all
conditions of approval. You are required to supply a copy of this Authorization
Certificate and approval letter to the new owner as well. For this approval to be valid,
you must follow the conditions listed below as well as any other conditions identified
within 15A NCAC 26 .0233.
Conditions:
1. Notify our office prior to the commencement of the proposed work so that we
may verify impacts before work begins.
2. Provide adequate erosion control measures to keep sediment from construction
of the road widening from entering the two unnamed tributaries.
3. Diffuse flow of all stormwater at non-erosive velocities shall be obtained prior to
entering the protected stream buffers as identified within 15A NCAC 213 .0233.
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 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.
This letter completes Orange County's review of the "No Practical Alternatives"
determination under 15A NCAC 2B .0233, and "Determination of Mitigation" under
15A NCAC 026.0242. If you have any questions or would like a copy of the Neuse
Buffer Rules or Orange County's Stormwater Ordinance, please feel free to contact me
at [phone].
Sincerely,
Terry L. Hackett
Stormwater Resource Officer / Erosion Control Officer II
cc: Amy Chapman, Buffer Coordinator, NCDWQ
file
SA5 Erosion Control and Water Quality\Erosion Control and Water Quality\Erosion Control Div\Neuse Buffer\Authorization
Certificates\201I\Higway 86 Widending 100311.docx
s''ST/1?•
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 28, 2010
ORANGE COUNTY
Earl Lewellyn, PE
Kimley-Horne and Associates Inc.
P. O. Box 1086
Durham, NC 27702-1086
Subject: Proposed Waterstone Mixed Use Development
Located on SR 1009, (Old NC 86) and NC 86
Requested Revisions to Required Road Improvements
Dear Mr. Lewellyn,
This letter is in response to your correspondence dated March 1, 2010 requesting
acknowledgement of the AM and PM "trip generation budgets as originally analyzed by
Earl Lewellyn, P. E. and dated October 2008 and consideration of certain revisions to the
road improvements required of the Developer for this project as stipulated in my
correspondence dated July 6, 2007.
"Trip Generation Budeets"
Based on information that you have provided, the land uses for portions of the site have
changed from shopping center to hospital resulting in an approximate 14% reduction in
AM peak trips and a 32% reduction in PM peak trips. This change is substantial and
typically would warrant additional traffic study in order to accurately evaluate traffic
impacts. However, you have stated that additional commercial development is also
planned for the site. While the specific land uses are not determined at this time, you have
indicated that the net change to the total site trips for the development will not be
substantial relative to the original TIA. Based on this information, this office is in
agreement that the "trip generation budget" information provided in the October 2008
TIA is valid at this time. However, the NCDOT reserves the right to require additional
traffic analysis if significant changes occur in the future.
P.O. Box 766 Graham, N.C. 27253 Telephone [phone]
2
Request to Eliminate Extension of Northbound Left Turn Lane and Southbound Rislit
Turn Lane on Old NC 86 at Lafayette Drive:
This office agrees with this request given that the project will not substantially increase
traffic demands for these movements.
Request to Eliminate Northbound Right Turn Lane on Old NC 86 at Proposed Cates
Creek Parkway:
This office agrees with this request given that right of way is unavailable for construction
of the right turn lane.
Request to Eliminate Southbound Right Turn Lane on Old NC 86 at I-40 Westbound
Ramp Interchange:
This office agrees with this request given the projected low demand for this movement
and increased capacity resulting from the addition of a second southbound through lane.
Construction of Traffic Signals at Waterstone Drive and Old NC 86 Intersection and
Waterstone Drove and NC 86 Intersection:
This office continues to require that the Developer conduct signal warrant analysis and
construct a traffic signal at both intersections when warranted.
Request to Eliminate Construction of Traffic Signals at Old NC 86 and 1-40 Ram
Interchanges:
Based on additional evaluation by division traffic engineering staff, this office agrees that
a traffic signal warrant is not met for the westbound ramp interchange; however, a traffic
signal is needed at the eastbound ramp interchange due to the relatively large southbound
left turn demand and opposing northbound through volume. The Developer will be
required to construct a traffic signal at this location when warranted.
Request to Reduce Required Southbound Dual Left Turn Storage to 250'on Old NC 86 at
Waterstone Drive:
Submitted Synchro Analysis indicates a southbound through queue of 325' during the
AM peak. There is concern that access to the southbound left turn lanes may be blocked
by this queue if the turn lanes are reduced to 250'. This office will continue to require
dual left turn lanes with 300' of full storage each and appropriate transition and bay
tapers.
3
Request to Reduce Required Northbound Right Turn Lane Storage to 300' on Old NC 86
at Waterstone Drive:
Submitted Synchro Analysis indicates a northbound through queue of 358' during the PM
peak. This queue may be longer due to the anticipated unbalanced volume distribution
resulting from the through lane drop. There is concern that access to the northbound right
turn lane may be blocked by this queue if the turn lane is reduced to 300'. This office will
continue to require a right turn lane with 400' of full storage and appropriate deceleration
tapers.
Request to Reduce Required Westbound Dual Left Turn Lane Storage to 325" on
Waterstone Drive at Old NC 86•
Based on submitted Synchro analysis this office agrees that dual 325" left turn lanes are
sufficient to accommodate the anticipated demands of the development. However, it is
not likely that the proposed lane configuration would meet traffic needs upon any future
westward extension of Waterstone Drive. This office is requesting that the Developer
provide sufficient right of way to accommodate future construction of two additional
westbound lanes for this approach.
All other previously stipulated road improvements for this development remain
unchanged and in effect at this time.
Please share this information with your client.
Feel free to contact me if you have any questions
Sincerely,
1-N ?rAL
C. N. Edwards Jr., PE
District Engineer
Cc: J. M. Mills, PE, Division Engineer
K. L. Jordan, Division Traffic Engineer
Margaret Hauth, AICP, Town of Hillsborough
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