20210930 Ver 1_Riparian Buffer Authorization Request_20210509

Buffer Authorization Application Form
15ANCPC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Resources
ENVIRONMENTAL QUALITY
Original Submittal 5/9/2021
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
[e-mail]
com
Reese list the contact person's enail for questions or payment on this project if needed.
® Owner
❑ Applicant other than Owner
El Agent
Is there an agent working on this application C Yes
but not submitting it? O No
1. Property Owner Information:
.....................................................................................................
la. Name on Recorded Deed:*
1b. Responsible Party:
lc. Mailing Address:*
Id. Telephone:*
919 380 1488
Jered Anthony Brown
(for Corporations)
Street Address
438 Kevin Way
Address Line 2
aty
Cary
Fbstal / Zip Code
27511
B. Project Information and Prior Project History
.............................................................................................
1. Project Information
.............................................................................................
1a. Name of Project:*
State / Rovince / Region
NC
Country
US
le. Email Address:* [e-mail]
Jered Brown Property Swimming Pool
(Subdivision, facility, or establishrrent nacre)
1b. Is this a publicly -funded transportation project?*
r Yes
F No
Id. Subdivision Name: Woods of Kildaire Farm
le. Nearest
Municipality:
Cary
If. Property Size: 0.33
acres

1g. County (or Counties) where the project is located:*
1h. Property ID#
0752887797
Tax RN or Parcel id
1 i. Deed Information
Date of Purchase
6/26/2018
Type of Book
Deed
LM ap
Book#
17166
1978
Page#
1176
245
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach docurrent
Plat of 438 Kevin Way Book of Maps 1978 page
153.07KB
245.pdf
FDF only
1k. How would you like to provide the Latitude and Longitude information?*
F Address Lookup
f Manually
Address Lookup
Latitude * 35.7522244
Street Address
438 Kevin Way
Address Line 2
Clty State / Ftovince / Region
Cary NC
Fbstal / Zip Code Country
27511-6310 US
Longitude* -78.8017824
11. Is the project located in any of North Carolina's twenty coastal counties?*
r Yes
C' No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Swift Creek
2b. Water Quality Classification of nearest receiving water:*
WS-III, NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
99
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:

On site condition is a residential suburban back yard that has been cleared of most
trees (prior to my ownership). Like other properties in the vicinity, the invasive
Japanese Stilt grass and English Ivy are abundant. Nearby properties range from
well -maintained yards to neglected yards. Trees have been thinned. Large areas of
ground have been covered vuith plastic to discourage plant growth. Other places
may have traditional yard grass and ornamental shrubs planted. Fertilizer and
pesticides are overused. Some nearby yards have terraced landscaping that does
not address erosion. The creek is teeming with algae. I have never observed a
minnow or crayfish. I have never heard a frog. I suspect there isn't enough
dissolved oxygen to support aquatic animals.
3b. Attach an 8'/: x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
aick the upload button or drag and drop files here to attach docurrent
NC_Cary_20190730_TM_geo.pdf 109.18MF
FEF only
3c. Attach an 8'/: x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
aickthe upload button or drag and drop files here to attach docurrent
PaD Pacolet Sandy Loam for my backyard.pdf 319.69KB
1970 archived Wake Co. Soil Survey.pdf
FEF only
4. Proposed Activity
18.78MB
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
A 600 square foot concrete swimming pool is to be built in my backyard. Part of the
area will be excavated with light equipment as a portion of the pool will remain above
ground. Heavy equipment -such as concrete truck, will remain on the road or my
driveway.
Attach a site plan as applicable to the project:
Oick the upload button or drag and drop files here to attach docurrent
Brown, Jered revised site plan (2).pdf 173.24KB
FCF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project (including all prior phases) in the past?*
5b. Who did the determination on the jurisdictional areas?
Who did the determination?
List name if known
Date
Attach
State
Erin Deck, NC
DENR
(fsbrre if known)
01/20/2021
i I
pdf ony
*** Please include the date of the determination and upload a copy of the determination.
Comments:
We waited for Ms Deck to arrive, but we never saw her. I have doubts she made an
on -site visit. Her determination arrived by email. There is no pdf document to
upload.
When I asked her for an explanation regarding her determination of "Ephemeral"
versus "Intermittent," her response was non -explanatory and informed me of my
right to appeal her determination.
6. Project History

6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
✓ Yes
C3No
7. Future Project Plans
7a. Is this project a phased project?*
r Yes
6' No
C. Proposed Impacts Inventory
............................................................................................................................................................................................................................................
Buffer Impacts
Project is in which protected Basin?*
C' Neuse River Basin (15A NCAC 02B.0233)
✓ Catawba River Basin (15A NCAC 02B.0243)
C' Randleman Lake Watershed (15A NCAC 02B.0250)
✓ Tar -Pamlico River Basin (15A NCAC 02B.0259)
b Jordan Lake Watershed (15A NCAC 02B.0267)
✓ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type*
Zone 1
Zone 2
438 Kevin Way
Ivtbp label (e.g. Fbad
Crossing 1)
UT to Swift
Creek
Permanent
(P)
FL.rm or Terrp
Allowable w/
mitigation
0.00
Square
Feet
600.00
Square
Feet
Total Zone 1 Impacts: 0.00
Total Zone 2 Impacts: 600.00
Total Buffer Impacts: 600.00
Comments:
The creek in my backyard satisfies the definition of "Ephemeral Stream" and should
not be regulated by NC DWR or the US Army Corp of Engineers, in my opinion. It is
often dry, has no stream fauna, and conveys only storm water from yards and the
surrounding streets. In fact, on my property, there is a utility easement with a large
swale that conducts the majority of storm water from Kevin Way into the creek. It is
maintained by the Town of Cary.
D. Impact Justification and Mitigation
...................................................................................................................................................................................................................................................................................................................................................................................................
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
The pool will be shaped to avoid zone 1.
The entire area of zone 1 can be planted to re-establish native species. The
undeveloped portion of zone 2 can be treated similarly.
Ozone and Ultraviolet light purification methods will be used to sanitize the pool
water. This means the pool will be filled with Town of Cary drinking water, and the
pool water should be absolutely harmless to consume (potable).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*

A clear path to the area already exists. Heavy equipment is not necessary for this
project.
2. Buffer Mitigation
..................................................................................................................................................................................................................................................................................................................................................................................................................................................
2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation.
Zone 1
Total Impact
Multiplier
Required Mitigation
0.00
3
0
Square Feet
Square Feet
Zone 2
Total Impact
Multiplier
Required Mitigation
600.00
Square Feet
1.50
900.00
Square Feet
2b. What is the mitigation plan proposed for
this project?*
171 Payment to private mitigation bank
❑ Payment to Division of Mitigation (DMS)
E Permittee responsible mitigation
2e. Attach statement of availability from mitigation provider.*
aick the upload button or drag and drop files here to attach docurrent
Buffer SOA Hollowell (Jered Brown) 050721.pdf 131.89KB
FIT only
2g. Comments:
E. Diffuse Flow Plan
la. What type of SCM are you providing?*
E Level Spreader
❑ Vegetated Conveyance (lower SHWT)
❑ Wetland Swale (higher SHWT)
m Proposed project will not create concentrated stormwater flow through the
buffer
✓ Other SCM that removed minimum of 30% nitrogen
lc. Diffuse Flow Documentation*
F. Supplementary Information
Environmental Documentation
Click the upload button or drag and drop files here to attach docurrent
Options for Meeting Diffuse Flow Provisions of the
Storwmater and Riparian Buffer Protection
Programs.pdf
FDF only
217.73KB
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes
C• No

Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
r Yes
C No
2b. Is this an after -the -fact buffer authorization application?
r Yes
F No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Additional Comments:
Dick the upload button or drag and drop files here to attach docunent
FDF only
There is a 20-foot wide utility easement and Town of Cary maintained Swale on the
East side of my property. The swale directs storm water from the street into the
creek on my property. I don't know how to execute a "diffuse water flow' plan under
this circumstance.
H. Sign and Submit
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* Jered Brown
Signature
Submission Date:
egtedtiglAtilf
05/09/21
(Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation
project? *
O Yes O No
O Yes
C' No
ID#* 20210930
Version:* 1
Select Reviewer: Stephanie Goss:eads\szgoss
Select Reviewing Office * Raleigh Regional Office - [phone]
Has payment been received?* ( No Payment Needed
✓ Fee Received
✓ Need Fee - send electronic notification

PARTMENT OF THE
U.S. DE U.S. GEOLOGICALINTERIOR
SURVEY
science fora changing world
-78.8750°
35.8750° 692000mE
3972000m N
71
70
69
68
67
66
65
64
63
62
61
60
59
35.7500°
-78.8750°
93
93
94
94
Produced by the United States Geological Survey
North American Datum of 1983 (NAD83)
World Geodetic System of 1984 (WGS84). Projection and
1 000-meter grid:Universal Transverse Mercator, Zone 17S
This map is not a legal document. Boundaries may be
generalized for this map scale. Private lands within government
reservations may not be shown. Obtain permission before
entering private lands.
Imagery NAIP, May 2016 - November 2016
Roads U.S. Census Bureau, 2016
Names GNIS, 1980 - 2017
Hydrography National Hydrography Dataset, 1899 - 2018
Contours National Elevation Dataset, 2008
Boundaries Multiple sources; see metadata file 2017 - 2018
Wetlands FWS National Wetlands Inventory 1983
95
95
9°13"
164 MILS
96
a
®��� st4TE,q /e
w /
o /
1°17
23 MILS
UTM GRID AND 2019 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
100,000-UmUSquare ID
PV I QV
Grid Zone Designation
17S
96
97
97
0.5 0
The National Map
US Topo
98
98
SCALE 1:24 000
KILOMETERS 1
99
Lake Crabtree
Area.
itt;
O J
99
2
1000
500
0.5
0
METERS
0
1000
2000
MILES
1000 0 1000 2000 3000 4000 5000
6000 7000
8000
9000
10000
FEET
CONTOUR INTERVAL 10 FEET
NORTH AMERICAN VERTICAL DATUM OF 1988
This map was produced to conform with the
National Geospatial Program US Topo Product Standard, 2011.
A metadata file associated with this product is draft version 0.6.18
PV
00
PV 00 QV
QV
NOI$H
AROLINA
QUADRANGLE LOCATION
1
2
3
4
6
7
5
8
ADJOINING QUADRANGLES
1 Southwest Durham
2 Southeast Durham
3 Bayleaf
4 Green Level
5 Raleigh West
6 New Hill
7 Apex
8 Lake Wheeler
01
01
Expressway
Secondary Hwy
Ramp
CARY QUADRANGLE
NORTH CAROLINA
7.5-MINUTE SERIES
02
02
ROAD CLASSIFICATION
• Interstate Route
-78.7500°
03 35.8750°
icriA\ I
Local Connector
Local Road
4WD
US Route
CARY, NC
2019
703000mE
OState Route
72
71
70
69
68
67
66
65
64
63
62
61
60
3959000mN
35.7500°
-78.7500°

Custom Soil Resource Report
Down -slope shape: Convex
Across -slope shape: Convex
Parent material: Residuum weathered from metavolcanics and/or argillite
Typical profile
A - 0 to 7 inches: silt loam
Bt - 7 to 27 inches: silty clay
BC - 27 to 38 inches: silty clay loam
C - 38 to 57 inches: loam
Cr- 57 to 80 inches: bedrock
Properties and qualities
Slope: 15 to 25 percent
Depth to restrictive feature: 40 to 60 inches to paralithic bedrock
Drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately
high (0.00 to 0.20 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water capacity: High (about 9.5 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 6e
Hydrologic Soil Group: C
Hydric soil rating: No
Minor Components
Herndon
Percent of map unit: 5 percent
Landform: Interfluves
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Side slope
Down -slope shape: Convex
Across -slope shape: Convex
Hydric soil rating: No
PaD—Pacolet sandy loam, 10 to 15 percent slopes
Map Unit Setting
National map unit symbol: 2spp8
Elevation: 70 to 560 feet
Mean annual precipitation: 39 to 47 inches
Mean annual air temperature: 55 to 63 degrees F
Frost -free period: 200 to 250 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Pacolet and similar soils: 85 percent
42

Custom Soil Resource Report
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Pacolet
Setting
Landform: Interfluves
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Interfluve
Down -slope shape: Convex
Across -slope shape: Convex
Parent material: Saprolite derived from granite and gneiss and/or schist
Typical profile
Ap - 0 to 8 inches: sandy loam
Bt - 8 to 27 inches: clay
BC - 27 to 35 inches: clay loam
C - 35 to 80 inches: sandy clay loam
Properties and qualities
Slope: 10 to 15 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water capacity: Moderate (about 6.3 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 4e
Hydrologic Soil Group: B
Hydric soil rating: No
Minor Components
Wedowee
Percent of map unit: 8 percent
Landform: Interfluves
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Interfluve
Down -slope shape: Convex
Across -slope shape: Convex
Hydric soil rating: No
Madison, moderately eroded
Percent of map unit: 7 percent
Landform: Interfluves
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Interfluve
Down -slope shape: Convex
Across -slope shape: Convex
Hydric soil rating: No

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NORTH CAROLINA - WAKE COUNTY
The foregoing certificate of
Notar (y) (ies) (are) certified to be correct. This instrument was
presented for registration and recorded in this office.
This." day of 9 197 atZ') o'clock, M.
R. B. McKeepzie, Jr.,
By 62 -
gister of Deeds
Deity Register of Deeds
1�AC-r"ice'
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ram,
(c),
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NORTH ::AROLINA
WAKE - OUNTY
' 1�° `�1\�`�� , certify that this map was drawn from an
actual field survey, th='t the error of closure as calculated by latitudes
and departures is 1:, that the boundaries not surveyed are
shown as broken lines,'piotted from deed information, and that this map
'..a prepared in accordance with G. S. 47-30 as amended.
Witness my hand and seal this ? 9W-
day of M?-\(-6"~1
Registered -Land purveyor
Sworn to and subscribed before me this /
day of %�LZ/L,, 19 '7r1' .
, 19
My
commission expires
y� ? Notary Public
U
I hereby certify that the plan shown and described hereon is a true and
correct survey of the accuracy required by the Cary Planning Commission
and that the monuments have been placed as shown in accordance with the
requirements of the Cary subdivision regulations.
Date Registered Land Survc Jor•
This certifies that the undersigned is the owner of the property shown on
this .map, having acquired title thereto by deed recorded in the office of
the Register of Deeds of Wake County, North Carolina or otherwise as
shown below, and that by submission of this plat or map for approval, I
do dedicate to the Town of Cary for public use all streets, easements,
rights -of -way and parks shorn thereon for all lawful purposes to which
th Town may devote or allow the same to be used, and upon acceptance
tb! reof and in accordance with all Town policies, ordinances and regula-
tions or conditions of the Tom of Cary for the benefit of the public;
said dedication shall be irrevocable (provided any dedication of ease-
ments for storm drainage are not made to the Town of Cary but are
irrvocably made to the subsequent owners of any and all properties
sham hereon for their use and benefit subject to the conditions of (b)
(c) (d) and (f) of SI and SIV of the "Town Storm Drainage Policy" as
the same may be from time to time amended.)
Hook Number
J �S' /1'
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Page Number
r7
Signature of Owner
/[;
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TOWN OF CARY
NORTH CAROLINA,
DEPARTMENT OF PLANNING AND DEVELOPMENT
I;E.COV13IItiA ION OF PLATTED LOTS
In acco;dance with the Su?d1'vi5icn Regulation of
the f o'w l of Cary, Arti';ie, X, 33 ,;I ).1 A 1, r'3B'`.!f'y°
til Cit t::is .., „ r3COt taLi)11 of
to s al(1 is equal to or it no I,v,y axeeLis
Urrlo ;I i �;1ytl on illially p4ed lots, Jtit
DiRECIOR 1AIL
100
100
APPROVED BY:
DATE:
SEAL
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MOORE, GARDNER & ASSOCIATES,
CONSULTING ENGINEERS
ASHEBORO 0 GREENSBORO 0 CARY
NORTH CAROLINA
SCALE:
JOB NO.:�-jOpo�9-101
SHEET 1
OF

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FF
ROAD
VICINITY MAP
NOT TO SCALE
UTILITY EASEMENT
LOT 228
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CURVE
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ARC
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202.62 63.12 ! S 56 09'47" W
LINE
LI
BEARING
S 47.-12'00• W
DISTANCE
39.00
LINE
L2
BEARING
N 65 53'04" E
DISTANCE
20.07
L3
S 68'34'47" W
19.79
LINE
OISTANCE
L4
3.99
LEGEND:
• IRON PIPE FOUND
O IRON PIPE SET
I WATER METER
0 UTILITY POLE
0 MANHOLE
© YARD INLET
GENERAL NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES MEASURED IN
U.S. SURVEY FEET.
2. AREAS COMPUTED BY COORDINATE METHOD.
3. THIS SURVEY DONE WITHOUT THE BENEFIT OF A TITLE SEARCH.
4. ALL IRONS FOUND ARE FLUSH WITH GROUND UNLESS OTHERWISE
NOTED.
5. ANT ORAINAGEWAYS SHOWN HEREON AND/OR ADJACENT TO THIS SITE
MAY CREATE A0DITIDNAL BUFFERS CLAIMED BY THE STATE OF NORTH
CAROLINA OR OTHER REGULATORY AGENCY.
ram-- FLARED END SECTION
® UTILITY PEDESTAL
GREENWAY
BoM 1973 Pg.441
N 6522'44" E 99.35'
y
I3.X(33)(l
2f � WOOD DECK
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0
438 KEVIN WAY
TWO STORY
BRICK 6 FRAME
DWELLING
SICK_.
STEPS
KEVIN WAY
30' R/W
CONCRETE
DRIVE
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•
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►►►►+ItstAI+tt
BOOK OF MAPS 1978 PAGE 245 DEED BOOK 6392 PAGE 892
LOT 227. PHASE FIVE, WOODS OF KIDAIRE SECT, KILDAIRE FARMS SUBDIVISION
W NOT FOR RECORDATION
I, LEONARD H. SULLIAN JR., DO HEREBY CERTIY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FOR ACTUAL SURVEY
MADE UNDER MY SUPERVISION USING REFERENCES SH N HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE -SHOWN AS BROKEN LINES
PLOTTED FROM INFORMATION''SHflY[J(2HEREO : THATRATION OF PRECISION AS CALCULATED I5 1:10000+; THAT THIS PLAT WAS.
PREPARED WITH N.C. G_.9':'47- } 'AS p'jr1" DED / : i WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER (L-2821)
�.
AND SEAL, 4" ' . -. �)7''1 I
/ . � / . '
ALSO, I CERTIFY »HAT THW SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR
CHANGE AN EXIST/ING STREET.
f
SRV'D: TREY
ORAWN: TAN
CHK'D: LHS
JOB # 5051115
DATE: 21 APRIL 2016
SCAL E: 1" = 30
SULLIVAN SURVEYING
LAND SURVEYORS
1143-0 EXECUTIVE CIRCLE
CARY, NORTH CAROLINA 27511
TELEPHONE: [phone]
SURVEY FOR:
KAREN BROWN
JERED BROWN
CARY, WAKE COUNTY, NORTH CAROLINA

I ZOEb'aw9d90-i098-173 64-3£O9-ti 4O3E09Z :01 adoIanu3 u6iSnoop

WATER & LAND
SOLUTIONS
WLS Hollowell Buffer Mitigation Bank
Statement of Availability May 7, 2021
NC Division of Water Resources
Ms. Erin Deck
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: JERED BROWN PROPERTY SWIMMING POOL
This document confirms that Jered Brown (Applicant) for the Jered Brown Property Swimming Pool
(Project) has expressed an interest to utilize 900.00 Square Feet of Riparian Buffer Mitigation Credits
from the Water & Land Solutions (WLS) sponsored Hollowell Riparian Buffer Mitigation Bank, located
in HUC 03020201. As the official Bank Sponsor, WLS, attests to the fact that mitigation is available for
reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 252-423-0880 or [e-mail] if you have any questions or
need additional information.
Best Regards,
4c1,.1„k
Sammy Jo Hinnant
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615

Options for Meeting Diffuse Flow Provisions of the
Stormwater and Riparian Buffer Protection Programs
March 7, 2014
Approvals: Bradley Bennett, DEMLR Stormwater Program Supervisor
Toby Vinson, DEMLR Acting Land Quality Section Chief
Matt Matthews, DWR Water Quality Permitting Section Chief
Initials Date
4 3/7//V
.37»1
3/ 7/:_Q/
Effective immediately, the Division of Energy, Mineral and Land Resources and the Division of
Water Resources will consider Options 1-4 as meeting the diffuse flow provisions of the BOTH
the stormwater rules AND the various riparian buffer rules. Option 5 will be allowed for
meeting the diffuse flow provisions of the stormwater rules but is not currently allowed for
meeting the diffuse flow provisions of the buffer rules
The water quality design storm intensity for diffuse flow is the one inch/hour storm for
stormwater conveyed directly from the drainage area. If a diffuse flow device receives flow
from an upslope BMP, then it should be designed based on the peak discharge from the BMP
during the water quality design storm depth.
Flows in excess of the discharge rate from either the drainage area or the BMP should not be
directed to the diffuse flow device. Instead, excess flows should be discharged through the
buffer provided that the flows are non -erosive for the 10-year storm. Please note that any new
stormwater bypasses from a level spreader through a protected riparian buffer require a buffer
authorization from the Division of Water Resources or the local buffer protection authority.
Please see the options listed in the table below.
Any questions regarding the use of these diffuse flow options can be directed to Annette Lucas
at [phone].

March 7, 2014
Page 2 of 3
Options for Meeting Diffuse Flow Provisions of the
Stormwater and Riparian Buffer Protection Programs
Option
Explanation
1
Design a Level Spreader -Vegetated Filter Strip (LS-VFS) in accordance with
Chapter 8 of the BMP Manual. Per the BMP Manual, the LS-VFS may be
designed to handle the one inch/hour storm intensity and larger storms may
be discharged non-erosively. Also per the BMP Manual, alternate designs
that create uniform shallow flow across a vegetated filter strip in an
equivalent or better manner will be approved.
_
Provide a BMP that removes a minimum of 30% of TN removal outside of the
vegetated or riparian buffer to treat the design storm before it is discharged
through the buffer.
(For lower SHWT and soils with good infiltration rates) Design the vegetated
conveyance to infiltrate the design storm.
+4
(For high SHWT and/or soils with poor infiltration rates) Design the vegetated
conveyance as a wetland swale with an appropriately designed outlet system.
5
Swales that discharge less than 0.5 cfs during the design storm shall be
allowed to discharge through a stormwater buffer outside of SA waters
without any further requirements. This option is NOT currently allowed if the
buffer is protected by a state riparian buffer rule (Neuse, Tar -Pamlico, Jordan,
Randleman, Catawba, and Goose Creek).
Explanation
Diffuse flow is not defined in the 2H .1000 rules; however, the following explanation of diffuse
flow is provided in each of the Riparian Buffer Protection rules found in 15A NCAC 2B .0233
(Neuse River Basin), .0259 (Tar -Pamlico River Basin), .0243 (Catawba Mainstem), .0250
(Randleman Lake), .0605 (Goose Creek), .0267 (Jordan Lake).
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the
riparian buffer by dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be
converted to diffuse flow before the runoff enters the Zone 2 of the riparian
buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary
to impede the formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under
this Rule as exempt, allowable, allowable with mitigation, or prohibited. The
requirements for each category are given in Item (7) of this Rule.

March 7, 2014
Page 3 of 3
Options for Meeting Diffuse Flow Provisions of the
Stormwater and Riparian Buffer Protection Programs
Exempt
i Allowable
Allowable
with
Mitigation
[Prohibited
Drainage ditches, roadside ditches and stormwater
outfalls through riparian buffers:
• Existing drainage ditches, roadside ditches, and
stormwater outfalls provided that they are
managed to minimize the sediment, nutrients
and other pollution that convey to waterbodies
■ New drainage ditches, roadside ditches and
stormwater outfalls provided that a stormwater
management facility is installed to control
nitrogen and attenuate flow before the
conveyance discharges through the riparian
buffer
New drainage ditches, roadside ditches and
stormwater outfalls that do not provide control
for nitrogen before discharging through the
riparian buffer
■ Excavation of the streambed in order to bring it
to the same elevation as the invert of a ditch
X
X
In the past, the state has interpreted the diffuse flow language in the buffer rules to mean that
designers have two primary options to provide diffuse flow:
▪ Provide a Level Spreader -Vegetated Filter Strip (LS-VFS) in accordance with Chapter 8 of
the BMP Manual. Per the BMP Manual, the LS-VFS may be designed to handle the one
inch/hour storm and larger storms may be discharged non-erosively. (Option 1 above)
• Provide a BMP that removes a minimum of 30% of TN removal outside of the vegetated
or riparian buffer to treat the design storm before it is discharged through the buffer.
(Option 2 above)
The above table provides three additional options. Options 3 and 4 are intended to provide
relatively low-cost approaches to providing treatment in the swale prior to discharge through a
buffer. Option 5 provides an exemption to the diffuse flow provision in the stormwater rules
for very low flows. As stated previously, the current wording in the riparian buffer rules does
not allow the Division of Water Resources to provide an exemption to the diffuse flow
requirements, even for low flows.