20110809 Ver 2_401 Application_20120912

r=FJ Kimiey Hom
= and Associates, Inc.
September 5, 2012
Lauren Witherspoon
401 /Wetlands Unit
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 -1650
Eric Alsmeyer
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
II - D$oq v)
P.O. Box 33068
Raleigh, North Carolina
27636 -3068
D
SEP - 5 2012
DENR
tetla a n a1ALITY
Subject: Riparian Buffer Authorization Form Submittal (Amendment) for the
Ellerbe Aerial Creek Crossing Emergency Repairs Project
(DWQ Project # 11 -089)
Durham County, North Carolina
Dear Ms. Witherspoon:
On behalf of our client, the City of Durham Public Works Department, Kimley -Horn and
Associates, Inc. is applying for an amendment to 401 Water Quality Certification and
Authorization (DWQ Project # 11 -089) for the Ellerbe Creek Aerial Creek Crossing
Emergency Repairs Project in Durham County, North Carolina. The following
information is included as part of the application submittal:
■ Preconstruction Notification Form
■ Figures
Figure 1: Vicinity Map
Figure 2: USGS Topographic Map (Northwest Durham and Northeast Durham
Quads)
Figure 3: Durham County Soil Survey (Durham County, 1979)
Figure 4: Site and Jurisdictional Features Map
• Appendix A: Agent Authorization Form
• Appendix B: Agency Approvals
• Appendix C: Design Drawings for Additional Clearing Limits and Timber Stream
Crossing Mat
The Aerial Creek Crossing Emergency Repair Site (Site) is located near the Northern
Durham Water Reclamation Facility (NDWRF). The Site is located along Ellerbe Creek
■
TEL [phone]
FAX [phone]

® ®� KimleyHom
and Associates, Inc.
near the East Club Boulevard bridge crossing. The Site is located approximately 300 feet
upstream of East Club Boulevard. A 401 Water Quality Certification approval, dated
November 7, 2012, was received for the proposed project. In addition, a Nationwide
Permit 3 (Maintenance) approval was issued on October 24, 2011. Impacts identified in
the previous application include 40 linear feet of temporary impacts to Ellerbe Creek and
4,380 square feet of temporary impacts to the riparian buffers, including 3,274 square feet
in Zone 1 and 1,109 square feet in Zone 2.
In addition to the impacts identified in original Pre - Construction Notification application,
it has been determined that further clearing will be needed for access to Ellerbe Creek
along the east side of the channel. A timber mud mat will also be needed for the
construction equipment to effectively cross Ellerbe Creek. Additional impacts identified in
this application are temporary and areas within the riparian buffers will be replanted
following construction. The following application proposes and additional 18 linear feet of
temporary impacts to Ellerbe Creek and 434 square feet of temporary impacts to the
riparian buffers, including 158 square feet in Zone 1 and 276 square feet in Zone 2.
If you have any questions or comments, please contact me at (919) 653 -2900 or
[e-mail].
Sincerely yours,
KIMLEY -HORN AND ASSOCIATES, INC.
Anna Reusche, PWS
Enclosures
File

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
® Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Ellerbe Creek Aerial Creek Crossing Emergency Repair Project (Amendment to DWQ
Project #11 -089)
2b. County:
Durham
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
City of Durham
3b. Deed Book and Page No.
Deed Book 80 Page Number 111
3c. Responsible Party (for LLC if
applicable):
City of Durham Public Works Department ATTN: Bryant J. Green,
P.E.
3d. Street address:
1600 Mist Lake Drive
3e. City, state, zip:
Durham, NC, 27704
3f. Telephone no.:
(919) 560 -4381
3g. Fax no.:
(919) 560 -4479
3h. Email address:
bryant.green @durhamnc.gov
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
® Agent ❑ Other, specify:
4b.
Name:
Don Greeley (Bryant J. Green, P.E.)
4c.
Business name
(if applicable):
City of Durham Public Works Department
4d.
Street address:
1600 Mist Lake Drive
4e.
City, state, zip:
Durham, NC, 27704
4f.
Telephone no.:
(919) 560 -4381
4g.
Fax no.:
(919) 560 -4479
4h.
Email address:
don.greeley @durhamnc.gov
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Anna Reusche, PWS
5b.
Business name
(if applicable):
Kimley -Horn and Associates, Inc. (KHA)
5c.
Street address:
3001 Weston Parkway
5d. City, state, zip:
Cary, NC, 27513
5e.
Telephone no.:
(919) 677 -2000
5f.
Fax no.:
(919) 677 -2050
5g.
Email address:
anna.reusche @kimley - horn.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0842 -01 -18 -1935
1 b. Site coordinates (in decimal degrees):
Latitude: 36.027201 Longitude: - 78.86556
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
69 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Ellerbe Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -IV; NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The dual 30 -inch gravity sewer aerial creek crossing's abutment and piers are actively being undermined by the erosive
forces of the stream.
3b. List the total estimated acreage of all existing wetlands on the property:
No wetlands were identified within the Project Area.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
41 LF perennial
3d. Explain the purpose of the proposed project:
The City of Durham is proposing to provide emergency repair and stabilization of an aerial sewer crossing over Ellerbe
Creek. Additional clearing within the buffer is needed for access to Ellerbe Creek. The following application is intended to
serve as an amendment to the original 401 Water Quality Approval and Authorization (DWQ Project #11 -089).
3e. Describe the overall project in detail, including the type of equipment to be used:
Additional areas within the riparian buffers will need to be cleared for access to Ellerbe Creek on top of the areas
identified in the original Pre - Construction Notification application (DWQ Project #11 -089). Furthermore, a timber mud mat
will be needed for the construction equipment to effectively cross Ellerbe Creek, including a four -whell drive drill rig.
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?
El Yes [I No ®Unknown
Comments: KHA delineated on January 3 and 27, 2011. A
jurisdictional request has not been made to the USACE or
NCDWQ
4b. If the Corps made the jurisdictional determination, what type
El Preliminary El Final
of determination was made?
Agency /Consultant Company: Kimley -Horn and
4c. If yes, who delineated the jurisdictional areas?
Associates, Inc., on January 3, 2011 and January 27,
Name (if known): Anna Reusche, PWS
2011
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑ No ® Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
El No
❑DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: No wetland impacts will result from the project.
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
Timber mud mats
Ellerbe
® PER
❑ INT
® Corps
® DWQ
30
18
S2 ❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
18
3i. Comments: A timber mud mat will be needed for the construction equipment to effectively cross Ellerbe Creek, including a
four -whell drive drill rig.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑ PEI T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
K Total
5g. Comments:
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:
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑ P ®T
Aerial
Crossing
Ellerbe Creek
❑ Yes
®No
158
276
Repair
B2 ❑ PEI T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
158
276
6i. Comments: Additional areas within the riparian buffers will need to be cleared for access to Ellerbe Creek on top of the
areas identified in the original Pre - Construction Notification application (DWQ Project #11 -089). Areas will be re- planted
following the completion of the construction.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Existing access roads will be utilized as construction haul roads to reduce clearing within the buffers where possible. In
addtion, all areas within the riparian buffers to be cleared will be replanted.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Measures will be taken throughout the construction process to reduce erosion and sedimentation to the stream and buffers by
utilizing silt fencing along Ellerbe Creek.
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
project?
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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
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
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
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:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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: A specific plan is not provided. However, there are no new stormwater
outlets proposed as part of the enclosed plans. The project does not propose any
❑ Yes ® No
grading that would create new areas of concentrated flow within the protected
riparian buffers.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed improvements to the aerial
crossing will not be increasing the amount of impervious surfaces for the project area. Additionally, no new stormwater
structures are proposed as part of the plans.
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?
City of Durham
® Phase II
3b. Which of the following locally - implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
® Other: Diffuse flow
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
FZ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5b.
Have all of the 401 Unit submittal requirements been met?
® Yes
❑ No
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
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)?
1 c.
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
letter.)
❑ Yes
❑ No
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.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed improvements to the aerial crossing will not be generating any wastewater.
Page 10 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
❑ �es ® No
impacts?
❑ 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?
Critical habitat was not observed during site reconnaissance (01/03/2011 or 01/27/2011) in the project study area for any
of the categorized species on the U.S. Fish and Wildlife Service ( USFWS) list of threatened and endangered species
and /or critical habitat.
A review of the Natural Heritage Program (NHP) Element Occurrence Database was conducted on February 2, 2011 for _
the project site. This review did not identify any documented occurrences of the federally threatened or endangered
species listed for Durham County within the vicinity of the two (2) project study areas (approximately 1 mile radius).
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?
Project does not occur in coastal plain.
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?
A review of the State Historic Preservation Office (SHPO) online database was conducted on January 3, 2011 to identify
any properties eligible for listing on the National Register of Historic Places within the project study area. This review did
not identify any National Register properties within the project study area.
Additionally, a review was conducted at the Office of State Archaeology (OSA) on December 12, 2010. This review by
the OSA did not identify any significant archaeological sites within the project study area or within the vicinity.
No historical structures or indicators were found or observed during the field reconnaissance conducted on January 3,
2011 and January 27, 2011.
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: A floodplain development permit was issued for this project on
October 19, 2011.
8c. What source(s) did you use to make the floodplain determination? The FEMA Flood Insurance Rate Maps were reviewed
for the project location. According to the FEMA Flood Insurance Rate Maps Number 37200832J, 3720084200J, and
03720084300J, the project site is located entirely in a FEMA regulated floodway.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Anna Reusche
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
09/04/2012
Date
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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Title (NORTHWEST DURHAM AND NORTHEAST DURHAM QUADS)
Prepared For: Ellerbe Creek Aerial Creek
DURHAM Project Crossing Emergency Repairs Project
Durham Count North Carolina
Date KHA Project Number Figure
1 8 6 9 8/25/2011 011494062 2
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APPENDIX A
Agent Authorization

Letter of Authorization
Mr. Don Greely, P.E., with the Ch)p of Durham Department of Water
Management authorizes Kimley -Horn and Associates, Inc. to act as our limited
agent to coordinate with the U.S. Army Corps of Engineers and North Carolina
Division of Water Quality for the preparation and submittal of jurisdictional
determinations and 404/401 permits applications associated with the Ellerbe
Creek Bank Stabilization Project and the Ellerbe Creek Aerial Creek Crossing
Emergency Repair Project located in Durham County, North Carolina.
Authorization will terminate on either final agency action or upon written
notification from either parties involved.
Company Name: Kimley -Horn and Associates, Inc.
Contact Name: Ryan T. Lewis, P.E.
Client Address: 1600 Mist Lake Drive
Durham, NC 27704
Client Phone M (919) 560 -4381
Client Fax M (919) 560 -4479
Client Email: [e-mail]
(Signature- of Client)
Date

APPENDIX B
Agency Approvals

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -201:1 -01974 County: Durham U.S.G.S. Quad: NC- NORTHEAST DURHANI
GENTERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Citv of Durham Public Works Department Agent: Kimley -Horn and Associates, luc
Don Greelev Rvan Lewis
Address: 1600 Mist Lake Drive Address: 3001 Weston Parkwav
Durham, NC, 27704 Carv, NC, 27513
919.560.4381 919.677 -2000
Size and location of property (water body, toad name /number, town, etc.): On Ellerbe Creek, approx. 300 feet upstream
(south) of East Club Boulevard, north of Durham, NC. Latitude 36.0272 Longitude - 78.8655
Description of projects area and activity: Impact to 0.08 acre (40 If) of stream bottom for repairs to an existing aerial sewerline
crossing.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Pemiit Number: NWP 3 Maintenance.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated August 25, 2011. 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
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 detennine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pernuttee of the responsibility to obtain any other required Federal,
State or 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 Eric Alsmeyer at 919- 554 -4884 xt. 23.
Corps Regulatory Official
rl'id. -11�'
Date: 10/24/2011
Expiration Date of Verification: 03/18/2012
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 attached customer Satisfaction Survey or visit htt p:'/ pert .nwT.usace.anny.mil /survey.html to complete the survey
online.
Copy Furnished: Kimley -Horn

Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331). V
B. ❑ 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 deteriination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ 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.
D. ❑ 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 Detennination: The impact area contains a relatively permanent water, with indicators of
ordinary high water marks, a stream channel of Ellerbe Creek. Ellerbe Creek is a tributary of Falls Lake, a
Traditional Navigable Water.
Note: This iurisdictional determination is only for the waters proposed for impacts associated with this Nationwide Permit
and does not include any other waters /wetlands that may be located in the project area.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in ties request. The delineation/deterlination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
* *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: ` C
Date Expiration Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Durham Public Works
File Number: SANNI -2011 -01974
Date: 10/24/2011
De artment
Attached is:
See Section below
E
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
ennission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at hgp: / /www.usace. army. mil /inet/fLmetions /cw /cecwo /reg or
Corps regulations at 33 CFR Part 331.
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 ternls 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 forni 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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS,TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: {Describe your reasons for appealing the decision or your
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 infonmation 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 already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Eric Alsmeyer
CESAD- ET -CO -R
US Army Corps of Engineers, Wilmington District
U.S. Army Corps of Engineers, South Atlantic Division
Raleigh Regulatory Field Office
60 Forsyth Street, Room 9M15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303 -8801
Wake Forest, NC 27587
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 appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Eric Alsmeyer
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801

Action ID Number: SAW - 2011 -01974 County: Durham
Permittee: City of Durham Public Works Department
Date Permit Issued: 10/24/2011
Project Manager: Eric Alsmeyer
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
Attn: Eric Alsmeyer
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
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

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): l plyy1b,910
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Kimley -Horn and Associates, Inc. on behalf of the City of Durham. See attached
Agent Authorization Form.
��W✓ Gyp, e��u�l�a� '�u���� ®r�s�
C. DISTRICT OFFICE, FILE NAME, AND N M ER:
e_6/e�Le6'we �teta /C/b35v�q�'ePRd�ff���-6 /97�/,
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The
Site is located along Ellerbe Creek near the East Club Boulevard bridge crossing.
The Site is located approximately 300 feet upstream of East Club Boulevard.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC County /parish/borough: Durham City: Durham
Center coordinates of site (lat/long in degree decimal format): Lat.
36.027201 ° N, Long. - 78.865560 W.
Universal Transverse Mercator:
Name of nearest waterbody: Ellerbe Creek
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 40 linear feet: 30 width (ft) and /or 0.08 acres.
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: N/A acres.
Cowardin Class: N/A
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non - Tidal: N/A
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
N Field Determination. Date(s): KHA field determination conducted on
1/3/11 & 1/27/11 • Ic1ty) -oll
1. The Corps of Er�ineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party

who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
W

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the
app] icant/consuitant: Kim ley-Ho rn and Associates, Inc..
❑ Data sheets prepared /submitted by or on behalf of the
applicant/consultant.
❑ Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:12,000;
Northwest and Northeast Quads.
® USDA Natural Resources Conservation Service Soil Survey.
Citation:Durham County Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
® Photographs: ® Aerial (Name & Date):2010 Statewide Imagery.
or ® Other (Name & Date):Site Photographs 1/3/11 & 1/27/11.
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date 5f
Regulatory Project Manager
(REQUIRED)
(REQUIRED, unless obtaining
the signature is impracticable)

Estimated
Site
Cowardin
amount of
Class of
number
Latitude
Longitude
Class
aquatic
aquatic
resource in
resource
review area
S1
36.0272
- 78.8656
R2
40 If
non - section 10
— non - wetland

A���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 7, 2011
DWQ Project # 11 -0809
Durham County
Bryant J. Green, PE
City of Durham Public Works Department
1600 Mist Lake Drive
Durham, NC 27704
Subject Property; City of Durham Ellerbe Creek Aerial Creek Crossing Emergency Repair Project
Ellerbe Creek [030401, 27- 5 -0.7, WS -IV; NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 40 linear feet of perennial stream channel (temporary impact), 154 square feet of Zone 1 Neuse River
basin protected riparian buffer (temporary impact), 1,007 square feet of Zone 2 Neuse River basin protected
buffer (permanent impact), 2,578 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent
impact), and 17 square feet Zone 2 Neuse River basin protected riparian buffer (permanent impact) to provide an
emergency repair and stabilization of an aerial sewer crossing over Ellerbe Creek, as described in your
application dated August 29, 2011 and received by the Division of Water Quality (DWQ) on August 30, 2011,
and additional information received on October 4, 2011. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3687 (GC3687). The Certification(s)
allows you to use Nationwide Permit(s) NW3 when issued by the US Army Corps of Engineers (USACE). This
letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, 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 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 is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed
below.
`Pne
1 hCarolina
AaArra!!y
North Carolina Division or Water Quality Raleigh Regional Office Surface Water Protedion Phone [phone] Customer Service
Internet www.nomterquali y.org 1628 Mail Servlce Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page 2
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact
Amount Approved Units
Plan Location or Reference
Stream - perennial
40 linear feet temporary impact
PCN page 5 of 12
Buffers Zone 1
154 (square ft. temporary impact
PCN a e 7 of 12 revised 10/3/11
Buffers Zone 2
1,007 (square ft.) temporary impact
PCN page 7 of 12 revised 10/3/11
Buffers Zone 1
2,578 square ft.) permanent impact
1 PCN page 7 of 12 revised 1013111
Buffers Zone 2
17 (square ft.) permanent imp act
I PCN page 7 of 12 revised 10/3/11
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre- Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
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 without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices -shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;

Page 3
5. Diffuse Flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream
buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B
.0233(5)
6. 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 (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 15 NCAC 2H, Section
.0500.
7. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), 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 wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources

Page 4
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Lauren Witherspoon, at 919- 791 -4251.
ti
D ely,
Danny Smit
Surface W ter Protection Section Supervisor
Raleigh egional Office
Enclosures: GC 3687
Certificate of Completion
cc: Eric Alsmeyer — USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe —1650 Mail Service Center
RRO File Copy
Todd St. John and Ryan T. Lewis, PC — Kimley -Horn and Associates, Inc., 3001 Weston Parkway, Cary, NC
27513
DLR RRO
Filename: 11 -0809 Ellerbe Creek Aerial Sewer Emergency Repair 401_NBR Approval

E-&'5-5P"0'7
DURHAM I NORTH CAROLINA
CITY- COUNTY FLOODPLAIN DEVELOPMENT
PERMIT APPLICATION
SECTION I: GENERAL PROVISIONS
1. No work of any kind may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re- issued.
4. Development shall not be used or occupied until Final Approval is issued.
5. The permit will expire if no work is commenced within six months of issuance.
G. Applicant is hereby informed that other permits may be required to fulfill local,
state, and federal regulatory requirements.
7. Applicant gives consent to the Floodplain Administrator or his/her representative to
make reasonable inspections required to verify compliance.
8. For activities requiring site plan or plat approval the application is submitted to the
City/County Planning Department.
9. For activities involving single family or two family development on a lot of record,
temporary uses, or demolition not requiring site plan approval, the application is
submitted to the City /County Building Inspections Department.
10. For other activities the application is submitted to the City of Durham Public Works
Department or County Engineering as applicable.
SECTION 2• PROJECT INFORMATION (To be completed by APPLICANT)
SITE INFORMATION
To avoid delay in processing the application, please provide enough information to easily
identify the project location. Attach additional sheets if necessary.
STREET ADDRESS J` 85­_Z SE'ls- c�ut:Vi�. ?
l>Lk1Z lAM ,tlG 27704
FE-MA COMMUNITY NUMBER 3-100 $G ,
FIRM PANEL NUMBER(S) 0832 , 08t+2. 0843 ,
FIRM EFFECTIVE DATE 2 MAY '1001. .
BASE FLOOD ELEVATIONS) 289.58' -244.30' (NAVD1988).
The permit application must be accompanied by a certified drawing sealed by a licensed
Professional Engineer or Professional Land Surveyor registered in the State of North
Carolina that shows the location of all FL -MA floodplain boundaries, existing structures,
water bodies, adjacent roads, lot dimensions, surveyed location of Base Flood Elevations,
and proposed development.
IS DRAWING ATTACHED? BYES 0 NO
Durham ploodplain Development Application — September 2007 page 1 of 5

DESCRIPTION OF WORK (Check all applicable boxes)
A. STRUCTURAL DEVELOPMENT
ACTIVITY STRUCTURE TYPE
•New Structure
o Residential (1 -4 Family)
• Addition
o Residential (More than 4 Family)
• Alteration
o Non - residential (Floodproofing? o Yes)
• Relocation
o Combined Use (Residential & Commercial)
• Demolition
o Manufactured (Mobile) Home (In Manufactured
• Replacement
Home Park? o Yes)
ESTIMATED COST OF PROJECT $
B. OTHER DEVELOPMENT ACTIVITIES
o Clearings o Mining o Drilling A Grading
o Excavation (Except for Structural Development Checked Above)
Watercourse Alteration (Including Dredging and Channel Modifications)
• Drainage Improvements (Including Culvert Work)
• Road, Street or Bridge Construction
• Subdivision (New or Expansion)
• Individual Water or Sewer System
Other (Please specify) A ERIAL S E W A g Z ESA 19,
IS THE DEVELOPMENT LOCATED IN THE FEMA REGULATED FLOODPLAIN?
9YES 9 NO
If yes, complete Section 3.
CERTIFICATION
As the applicant I certify that I am either the owner or authorized agent of the
owner and that all statements herein and in attachments to this application are, to
the best of my knowledge, true and accurate
PRINT APPLICANT'S NAME LEW kS V . E . C_ •
APPLICANT'S SIGNATU� DATE 9-1?-za ii
Durham Floodplain Development Application — Septeminr 2007 Page 2 of 5
OJ
CO K

SECTION 3: ADDITIONAL INFORMATION (To be completed by APPLICANT)
If the proposed development is located in a Special Flood Hazard Area the applicant must
submit the documents as noted below before the application can be processed: '
0 Development plans, drawn to scale, and specifications, including where
applicable: details for anchoring structures, proposed elevation of lowest floor
(including basement), types of water- resistant materials used below the first floor,
details of floodproofrng of utilities located below the first floor, and details of
enclosures below the first floor. (Required for structural development
activities.)
0 Completed Floodplain Building application (Required for building permit
requests involving structures.)
0 A copy of all data and hydraulic/hydrologic calculations used to determine the
base flood elevation and floodway limits. (Required for proposed development
of properties that exceeds 50 lots or 5 acres, whichever is the lesser, and there
is unnumbered A Zone on the property.)
0 A copy of all data and hydraulic/hydrologic calculations used to determine the
floodway limits. (Required for proposed development in the floodplain where
base flood elevations are established but no floodway or non - encroachment
areas are determined.)
0 Plans showing the extent of watercourse relocation and/or landform alterations.
(As applicable)
0 Change in water elevation (in feet) 0.00
Meets ordinance limits on elevation increase .OYES 0 NO
(Required for proposed encroachments to a oodway or non - encroachment
area.)
Top of new compacted fill elevation wA ft.(NAVD1988).
(Required for development involving fill in the floodplain.)
0 Floodproofung protection level (non- residential only) J/A _ft.(NAVD1988).
Applicant must attach certification from registered engineer or architect.
(Required for floodproofed structures.)
Certification from a registered engineer that the proposed activity in a regulatory
floodway will not result in any increase in the height of the regulatory flood event,
or conditional approval issued by FEMA via a Conditional Letter of Map Revision
(CLOMR) for the proposed activity. A copy of all data and hydraulic/hydrologic
calculations supporting this finding must also be submitted. (Required for
proposed encroachments to a floodway or non - encroachment area.)
Durham Floodplain Development Application — September 2007 page 3 of 5

SECTION 4: APPLICATION DETERMINATION (To be completed by
FLOODPLAIN ADMINISTRATOR or designee)
The Project Site:
0 Is NOT located in a Special Flood Hazard Area (Notify the applicant that the
application review is complete and NO FLOODPLAIN DEVELOPMENT
PERMIT IS REQUIRED).
Is partially located in the SFHA, but building/development is not. (Notify the
Z,' applicant that the application review is complete and NO FLOODPLAIN
5" [,,��,DEVELOPMENT PERMIT IS REQUIRED).
Is located in a Special Flood Hazard Area +
FIRM zone designation is �'�' (° Z 9
011 Regulatory Base Flood Elevation at the site is: 94169 J ft. (NAVD1988)
(�
Is ted in the floodway or non - encroachment area N � o I• 5�
%' � E'�'c�' ►:iU /�. ��ti �b f - »- ,�'ay..9 7�C 3�t • ec5 �'v=F �:.y j �/'
L
2m� SIGNED DATE
e Title
SECTION S: PERMIT DETERMINATION (-To be completed by FLOODPLAIN
ADMINISTRATOR or designee)
I have determined that the proposed activity: 0 Is 0 Is not
in conformance with provisions of the Local Floodplain and Flood Damage Protection
Standards. The Iloodplain development permit is issued subject to the following
conditions:
SIGNS 4am;4Z `'�r_ y - CYLJ` �F t`/ DATE I Title
If application is approved, the Floodplain Administrator or designee may issue a Floodplain
Development Permit upon payment of designated fee.
If application is not approved, the Floodplain Administrator or designee will provide a
written summary of deficiencies and/or additional information that is required. Applicant
may revise and resubmit an application or may request a meeting with the Floodplain
Administrator.
Dud+am Floodplain Development Application — septembcr 2007 Page 4 o15

SECTION 6: AS -BUILT ELEVATIONS (To be submitted by APPLICANT before
Final Approval is issued)
The following information must be provided for structures that are pact of this application
This As -built elevation data must be certified by a registered professional engineer or a
licensed land surveyor (or attach a certification to this application). Complete 1 and 2
below_
1. Actual (As- Built) Elevation of the top of the lowest floor, including basement, bottom
of lowest horizontal structural member of the lowest floor, excluding piling(s) and
columns) is: ft. (NAVD1988).
2. Actual (As- Built) Elevation of i7oodproofing protection is ft. (NAVD 1988)
SECTION 7: COMPLIANCE ACTION (To be completed by FLOODPLAIN
ADMINISTRATOR or designee)
The FLOODPLAIN ADMINISTRATOR or designee will complete this section as
applicable based on inspection of the project or evaluation of as -built conditions to ensure
compliance with the community's local law for flood damage prevention_
INSPECTIONS
DATE BY DEFICIENCIES? 0 Yes 0 No
DATE BY DEFICIENCIES? 0 Yes 0 No
DATE BY DEFICIENCIES? 0 Yes 0 No
INSPECTIONS OR PERMIT CONDITIONS TRACKING NOTES
SECTION 8: FINAL APPROVAL (To be completed by FLOODPLAIN
ADMINISTRATOR or designee)
Final Approval issued:
SIGNED DATE
Name Title
Durham Floodplain Development Application — September 2007 Page of 5

Floodplain Development Permit Attachment
October 19, 2011
Floodplain Development Permit Conditions for Ellerbe Creek Bank Stabilization and Aerial Creek Crossing
Repairs:
1. Construction shall be in conformance with submitted construction drawings.
2. As built drawings shall be submitted for approval to the City of Durham Public Works
Department, Stormwater Services Division, prior to issuance of Final Approval of this Foodplain
development permit.
3. A revised No Rise study shall be required if the actual construction is not in substantial
conformance with the proposed conditions. If a No Rise cannot be established, LOMR approval
from FEMA shall be required prior to certificate of compliance, use of facilities and final
approval.

ENGINEERING "NO- RISE" CERTIFICATION
This is to certify that I am duly qualified engineer licensed to practice in the State of
North Carolina.
It is to further certify that the attached technical data supports the fact that the proposed
construction drawings for the Ellerbe Creek Bank Stabilization Project Phase I and Aerial
Creek Crossing Repair Project enclosed as part of this Flood Impact Study provided by
Kimley -Horn and Associates, Inc. will result in a 0.00 ft rise along the effective FEMA
study reach of Cross Creek during the occurrence of the I% annual chance flood.
tC AR����ii
Ryan Lewis, P.E., CFM ?•a�� Gy.�'9
SEAL
Engineer 035864
Kimley -Horn and Associates, Inc. ••• Q,
3001 Weston Parkway '�i� ,p'•A;GINEti•
Cary, NC 27513 ������ +ii tiE �`\\ 9 -� 'go

APPENDIX C
Design Drawings for Additional Clearing Limits and
Timber Stream Crossing Mat

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8" TO 12" SPIKES
EVERY 2 FT
SURFACE FLOW
DIVERSION
\/AP\r/ TINAPF-P Q17F
WIDTH
GRIP DRAG CHAIN
nQF- TINAPF-P \A/ITW Q1717
AND STRENGTH TO SUPPORT
CONSTRUCTION EQUIPMENT
SPIKES EVERY 2 FT
IHNLAULU NUU
EVERY 3 FT
1. PREDRILL AND INSET 3/4" THREADED STEEL RODS
EVERY 3' AND SECURE WITH AT LEAST ONE NUT.
2. NAIL INDIVIDUAL TIMBERS TOGETHER EVERY 2' WITH
8 I `�:9
TO 12" BARN SPIKES.
STREAM CHANNEL
GRIP/DRAG CHAIN
STED HARDWOOD
)TER SUPPORT
r"� r-l% I r-1 /-N r-- k A A -r
RECOMMENDED
1/4 SUPPORT
� A�
RECOMMENDED
1/4 SUPPORT
I 11h
0 11 go B I noll 0 1111►
SURFACE FLOW
DIVERSION
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PREISENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE
OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.
DATE
ADDENDUM NO.
KHA JOB NO.
REFER TO CONTRACT
NEW-
L,m "
DEPT. OF WATER MAINAGEMENT
TIMBER MAT STREAM
9-4-12
2
011494042
DRAWING NUMBER
G2
Kimley-Horn and Associates, Inc.
CITY OF DURHAI\,//I, NC
CROSSING DETAIL
CHECKED BY
ATTACHMENT NO.
CONTRACT NO.
SHEET
I
KF C:
x
SRM-ZEA
2 OF 2
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PREISENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE
OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.