20211694 Ver 3_01_JunctionFerrellRd_Narrative_2024_20240205

February 5, 2024

Mr. Zachary Thomas
NC Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609

RE: Buffer Authorization Modification
Junction and Ferrell Road Site - DWR# 20211694 revised
Durham, Durham County, North Carolina

Dear Mr. Thomas:

On behalf of our client, Scannell Properties #515, LLC, Kimley-Horn is submitting this Buffer
Authorization modification request for the above referenced project. The Site consists of
approximately 212 acres situated between Ferrell Road, Junction Road, and Panther Creek in
northeast Durham, Durham County, NC.

The project was originally permitted in March 2022 under a Nationwide Permit #39, and
corresponding Water Quality Certification 4708. The Section 404 Approval was issued by Ms. April
Norton of the United States Army Corps of Engineers (USACE) on March 21, 2022 (SAW-2021-
00350) and the Section 401 Water Quality Certification and Neuse River Basin Buffer Authorization
was issued by Ms. Colleen Cohn of the North Carolina Division of Water Resources (NCDWR) on
March 18, 2022 (DWR # 20211694). The project site plans were modified since the issuance of the
Section 404 and 401 Permits and Buffer Authorization, and a Buffer Authorization Modification
Request was approved by Mr. Zachary Thomas of the NCDWR on September 6, 2023 (DWR#
20211694 V2). Copies of the approvals from the USACE and NCDWR are included as a part of this
package for reference.

The proposed project has been designed and located to avoid and minimize impacts to environmental
features to the extent practicable, however, necessary and unavoidable impacts to wetlands,
streams, and Neuse River Basin Buffer Zones 1 and 2 will result from construction of the proposed
project. The project site plans have been modified since the issuance of the Section 404 and 401
Permits and Buffer Authorization Modification on September 6, 2023. These plan modifications will
not result in any changes to wetland and stream impacts; however, would result in a net increase to
the previously authorized buffer impacts.
The plan modifications will result in two additional Buffer Impact Sites. The two proposed Impact Sites
will result from the addition of a sanitary sewer line and easement servicing Building 7. The proposed
sanitary sewer line is necessary to provide a gravity-fed sewer connection outside of the Northern
Durham Parkway right-of-way to the proposed on-site pump station. The proposed sanitary sewer
alignment involves two aerial stream crossings. Due to the location of the Site being constrained by
adjacent properties and two maintained roadway corridors (Junction Road and Ferrell Road), in order
for the sanitary sewer line to reach the onsite pump station, both stream crossings (Impact Site 1a
and Impact Site 2a) are necessary in order to service Building 7. Permanent impacts are proposed to
the Neuse River Basin Riparian Buffer Zones 1 and 2 at Impact Site 1a and Impact Site 2a as a result
of the construction of the sanitary sewer line.
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

Page 2
The approved buffer impacts from the original Buffer Authorization Modification (2023) in green are
compared with the requested Buffer Authorization Modification impacts (2024) in red below for Impact
Sites 1a and 2a.
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.
NeuseTar-Pamlico Other:
6a.
Project is in which protected basin? Catawba Randleman
6b.6c.6d.6e.6f.6g.
Buffer impact
number –
Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or
mitigation
impact (square feet) (square feet)
Temporary (T)
Stream name
required?
Site 1 Yes
Stormwater S14 (UT to Panther
0 0
OutletCreek)
P T No
Site 3A Yes
Stormwater S16 (UT to Panther
635 907
Outlet Creek)
P T No
Site 3B Yes
Stormwater S16 (UT to Panther
818 450
OutletCreek)
P T No
Aerial
Sanitary
Sewer
Site 1a Yes
S16 (UT to Panther
Crossing 1,836 1,224
Creek)
P T No
and
Associated
Easement
Aerial
Sanitary
Sewer
Site 2a Yes
S8 (UT to Panther
Crossing 1,9321,342
Creek)
P T No
and
Associated
Easement
1,453 1,357
Previously Authorized Buffer Impacts Total
3,768 2,566
Proposed Buffer Modification Impacts Total
+2,315 +1,209
Total Net Change
6i. Comments: Modifications to impacts to Neuse River Basin Riparian Buffer Zones 1 and 2 result from the proposed
project. This modification request is for the addition of Impact Sites 1a and 2a that will result from the addition of a
gravity-fed sewer line and easement to service Building 7. The proposed easement is less than 40 linear feet in width
and will have a maintenance corridor greater than 10 feet in width
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

Page 3
The proposed project will result in permanent buffer impacts to Zones 1 and 2 of the Neuse River
Basin due to the construction of a sanitary sewer line with aerial stream crossings and an associated
sewer easement through the buffer to provide gravity-fed sanitary sewer service to Building 7. The
proposed sanitary sewer line has been approved by the City of Durham Department of Water
Management. The proposed sanitary sewer line and associated sanitary sewer easement have been
intentionally sited to reduce and avoid the overall impact to jurisdictional features and riparian buffers
while still accommodating the utility requirements necessary for the project. Impacts to protected
riparian buffers have been minimized to the greatest extent practical through careful design of the
alignment of the utility project, and stream crossings were aligned to be perpendicular crossings to
minimize impact footprints to streams and riparian buffers. The perpendicular utility crossings will be
installed as aerial crossings, resulting in no additional stream impacts.
Based on the Neuse River Basin Riparian Buffer Rules Table of Uses, new sanitary sewer line
construction or installation activities with perpendicular crossings of streams subject to the Neuse
River Basin Riparian Buffer Rules with a construction corridor of less than or equal to 40 linear feet
wide and a permanent maintenance corridor that is equal to or less than 30 feet wide are “Deemed
Allowable”.
The following information has been included as part of this modification request:
Signed Agent Authorization Form
Revised Permit Impact Drawings
2022 Approval of Individual 401 Water Quality Certification and Buffer Authorization (DWR
#20211694)
2022 USACE Section 404 Nationwide Permit Approval #39 (SAW-2021-00350)
Buffer Authorization Modification Email Approvals from NCDWR (9/6/2023)
Updated Plan Sheets

If you need any additional information to assist in your review of this Buffer Authorization modification
request, feel free to contact me at 919-677-2215 or [e-mail].

Sincerely,

Emma Radford, WPIT, CA

Attachments
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000