20041111 Ver 1_401 Application_20040707

Environmental Consultants, PA
Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
Please note that the applicant is in the process of finalizing the level spreader
designs for phase 1. All stormwater outfalls will utilize measures to provide diffuse
flow. We are requesting that the permit be issued with a condition that the
applicant insure that stormwater enters the buffers at anon-erosive flow, as per
NC-DWQ guidelines.
July 7, 2004
NCDENR-DWQ US Army Corps of Engineers
Attn: Mr. John Dorney ~ ~ '~ ~ 1 Attn: Mr. Todd Tugwell
4401 Reedy Creek Road ® 6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27606 Raleigh, NC 27615
RE: Nationwide Permits 12 & 39/401 Certification/Buffer Compliance Request
Brightleaf at the Park
Durham, Durham County, North Carolina
S&EC Project #: 00-5566
Dear Mr. Dorney and Mr. Tugwell:
On behalf of Rhein Brightleaf, LLC, (property owner), we hereby request authorization
from the US Army Corps of Engineers to use Nationwide Permits 12 & 39 for the subject
project to cover permanent and temporary impacts to stream channels and wetlands. We
also request written concurrence from the NC Division of Water Quality (NC-DWQ) for
Neuse River Buffer Impacts and 401 Certification. APre-construction Notification
Application (PCN) is attached, which includes an agent authorization form.
The proposed project, which consists of residential housing and commercial
development, is located north of Highway 70, approximately 2000 feet northeast of the
intersection of Highway 70 and Sherron Road (SR 1811). Please refer to the USGS
topographic map attached for the location of the project. S&EC conducted a detailed ~~ ~~:
~.. ~-=,
wetland delineation and Neuse River Basin (NRB) Riparian Buffer evaluation on the c ~ --
property in April and May of 2003 for the residential section of the property, and in April ci.` ~:~;-.
of 2004 for the commercial section of the property. Ms. Debbie Edwards confirmed the ~~ = -'
buffer determination on the commercial portion of the site (see attached letter). Mr. Todd G ~~~`
Tugwell and Mr. Steve Mitchell approved the delineation and buffer evaluation,
respectively. Mr. Mike Horan of the NC Division of Water Quality conducted
intermittent/perennial determinations on May 27, 2004 and Mr. Todd Tugwell confirmed
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]

July 7, 2004
S&EC Project #: 5566.W0
Page 2 of 3
intermittent/perennial determinations on May 27, 2004 and Mr. Todd Tugwell confirmed
our `importance' determinations on May 11, 2004. Rhein Brightleaf LLC subsequently
designed the proposed residential site plan to avoid jurisdictional waters and riparian
buffers to the maximum extent practicable. In fact, except for one road crossing, all of
the proposed impacts are to `un-important' channels. The applicant will use an
arch culvert at the Lick Creek Crossing in order to further minimize impacts.
Due to DOT constraints and the fact that the right-of--way was previously platted, wetland
and/or stream channel impacts could not be avoided at the Highway 70 entrance into the
subdivision. Moreover, this Entrance is needed to provide safe ingress and egress into
the subdivision. (Impacts A-1 and B-1; see attached letter from the project engineer).
Due to the size of the site, and topographical and road design constraints, impacts to
stream channels, buffers, and wetlands are unavoidable. Current proposed temporary
impacts include 0.1273 acres of wetlands, 440 linear feet of intermittent stream channel,
and 1.155 acres of buffers (Zone 1:0.614 acres and Zone 2: 0.5413 acres). Permanent
impacts due to road construction include 0.49 acres of forested wetlands and 0.045 acres
of isolated wetlands. Channel impacts include 734 linear feet of intermittent stream
channel, 315 l.f. of isolated stream channel, and 1981.f. of perennial stream channel (51
of which is considered important). Neuse River Riparian Buffers will also be impacted
and include 0.7933 acres of isolated buffers, 1.895 acres along intermittent channels, and
1.26 acres along perennial streams (Total =3.95). The engineer has provided
justification for impacts 17-2, 19-3, 19-4, and A-1. Please refer to the attached
comments dated June 23, 2004.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre) or if a discharge to a special aquatic site such as wetlands is
proposed. Because impacts to wetlands exceed 0.1 acres the applicant proposes
preserving the remaining 9.67 acres of wetlands on-site. If this does not satisfy
mitigation requirements, the applicant proposes payment to the EEP.
NC-DWQ's current policy requires mitigation for stream impacts greater than 150 linear
feet per project and for wetland impacts greater than 1 acre. Because perennial channel
impacts exceed 150 linear feet, the applicant proposes payment to the EEP. Additionally,
a number of the proposed road crossings will also require buffer mitigation (i.e. impacts
>1/3acre or 1501inear feet). A request for payment is being forwarded to the EEP.
Because the site will contain less than 24% impervious surface (as per the City of
Durham requirements) we do not believe a stormwater management plan should be
required. The applicant will insure that stormwater enters the buffers at anon-erosive
velocity through the use of appropriate BMP devices.

July 7, 2004
S&EC Project #: 5566.W0
Page 3 of 3
Sincerely,
~ /~
Todd Preuninger
Biologist/Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure I)
Soil Survey Map (Figure 2)
Impact Maps
NC-DWQ Buffer Letter
Agent Authorization Form
Justification Letter

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 & 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Rhein Brightleaf, LLC -Attention Mr. Richard Westmoreland
Mailing Address: 4000 Westchase Blvd., Suite 310
Raleigh. NC 27607
Telephone Number: 919-834-2766 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number:__(919)846-5900 Fax Number: [phone]
E-mail Address: Preuninger(a,SandEC.com
Page 1 of 10

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Brig~itleaf at the Park
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0850-02-75-7790, 0850-02-85-9943, 0850-04-
83-2103 0850-03-40-5942 0850-04-61-1440 0850-04-72-0429 0850-03-21-4274 0850-03-
30-3502, 0850-03-32-3444, 0850-03-42-7587, 0759-01-19-9198, 0850-03-01-7009, 0850-03-
02-9321
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Brightleaf at the Park
Directions to site (include road numbers, landmarks, etc.): The subject site is located north
of Hi way 70, approximately 2000 feet northeast of the intersection of Hi way 70 and
Sherron Road (SR 18111.
5. Site coordinates, if available (UTM or Lat/Long):035° 57' 7.67" N 078° 48' 49.29"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): +\- 554 acres
7. Nearest body of water (stream river/sound/ocean/lake)
Lick Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject property is currently wooded.
Page 2 of 10

10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a residential subdivision. Heavy equipment associated
with land clearing and construction will be utilized. This subdivision will provide the typical
infrastructure such as sewer, roadways, electrical, etc.
11. Explain the purpose of the proposed work: The proposed development is being undertaken
to meet the demand for housing in this area.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation in April and
May of 2003 Wetland delineation maps were approved by Mr. Todd Tugwell of the USACE on
April 12, 2004 (AID #200420594). A site visit for stream importance /significance calls was
made on May 11, 2004 by Todd Tugwell of the USACE and on May 27, 2004 by Mike Horan of
the NCDWQ. A permit application for utility installation was previously submitted for this
property and an adjacent property.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NWP 14 will be utilized at a later date for a proposed Thoroughfare (Northern Durham Parkway
that bisects the property.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 10

Provide a written description of the proposed impacts: The proposed permanent impacts
consist of 198 feet of perennial channel (51 of which is considered important by the
USACE), 734 linear feet of intermittent channel, 315 linear feet of isolated intermittent
channel, 0.49 acres of jurisdictional wetlands, and 0.45 acres of isolated wetlands resulting
from road construction and lot fill. Permanent buffer impacts include 1.895 acres along
intermittent streams (Zone 1: 1.18 acres and Zone 2: 0.777 acres), 0.7933 acres along
isolated streams (Zone 1: 0.483 acres and Zone 2: 0.31 acres), and 1.26 acres along
perennial streams (Zone 1: 0.78 acres and Zone 2: 0.48 acres The proposed temporary
impacts include 440 feet of intermittent channel and 0.1273 acres of wetlands due to sewer
line installment. Temporary buffer impacts consist of 1.155 acres, of which, 0.614 acres are
in Zone 1 and 0.5413 acres are in Zone 2.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
8-2(NWP 12) Temporary .0049 yes 380 Forested Wetland
19-1(NWP 12) Temporary .0246 yes 60 Forested Wetland
3-7(NWP 12) Temporary .0382 yes 60 Forested Wetland
38A-1(NWP 12) Temporary .019 no 450 Forested Wetland
3-10(NWP 12) Temporary .0129 yes 0 Forested Wetland
3-11(NWP 12) Temporary .015 yes 0 Forested Wetland
3-12(NWP 12) Temporary .0127 yes 0 Forested Wetland
11-3(NWP 39) Fill .0315 yes 75 Forested Wetland
16-3(NWP 39) Road Crossing .0446 yes 400 Forested Wetland
16-4(NWP 39) Fill .0047 yes 400 Forested Wetland
17-2(NWP 39) Road Crossing .0416 no 0 Forested Wetland
20-3(NWP 39) Fill .0004 yes 10 Isolated Wetland
3-13(NWP 39) Road Crossing .0059 yes 75 Forested Wetland
1-1(NWP 39) Fill .049 yes 190 Forested Wetland
1-2(NWP 39) Road Crossing .0062 yes 350 Forested Wetland
1-3(NWP 39) Fill .005 yes 370 Forested Wetland
1-4(NWP 39) Road Crossing .0067 yes 400 Forested Wetland
1-5(NWP 39) Fill .0038 yes 600 Forested Wetland
1-6(NWP 39) Road Crossing .0197 yes 750 Forested Wetland
1-7(NWP 39) Fill and Sewer .0352 yes 780 Forested Wetland
1-8(NWP 39) Fill and Sewer .0545 yes 850 Forested Wetland
2-1(NWP 39) Road Crossing .1107 no 0 Forested Wetland
19-7(NWP 39) Fill .0048 no 75 Forested Wetland
19-8(NWP 39) Road Crossing .0008 no 90 Forested Wetland
37-1(NWP 39) Road Crossing .042 no 250 Isolated Wetland
Page 4 of 10

A-1(NWP 39) Road Crossing 0.075 no 0 Forested Wetland
B-1(NWP 39) Road Crossing .003 no 20 Isolated Wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fcma.gUV.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 10.125 Acres
Total area of wetland impact proposed: 0.49 Acres + 0.045 isolated wetland
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases ecify)
3-3(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-4(NWP 12) Temporary 40 Lick Creek 10-12' perennial
7-3(NWP 12) Temporary 40 UT to Lick Creek 2-3' intermittent
11-1(NWP 12) Temporary 40 UT to Lick Creek 2-3' intermittent
3-6(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-9(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-2(NWP 12) Temporary 40 Lick Creek 10-12' perennial
12-1(NWP 12) Temporary 40 UT to Lick Creek Perennial./unimportant
3-10(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-11(NWP 12) Temporary 40 Lick Creek 10-12' perennial
3-12(NWP 12) Temporary 40 Lick Creek 10-12' perennial
11-2(NWP 39) Road Crossing 115 UT to Lick Creek 2-3' intermittent
17-2(NWP 39) Road Crossing 120 UT to Lick Creek 2-3' intermittent
19-3(NWP 39) Road Crossing 130 UT to Lick Creek 2-3' intermittent
19-4 39 Road Crossin 200 UT to Lick Creek 2-3' intermittent
20-2(NWP 39) Road Crossing 160 UT to Lick Creek 2-3' Isolated, intermittent
2-1(NWP 39) Road Crossing 110 UT to Lick Creek 2-3' intermittent
12-2(NWP 39) Road Crossing 147 UT to Lick Creek 2-3' PerenniaUunimportant
19-6(NWP 39) Road Crossing 110 UT to Lick Creek 2-3' intermittent
37-2(NWP 39) Road Crossing 150 UT to Lick Creek 2-3' Isolated, intermittent
A-1(NWP 39) Road Crossing 192 UT to Lick Creek 4-5' Intennittent/Unimportant
A-1 (NWP 39) Road Crossing 51 UT to Lick Creek 4-5' PerenniaUImportant
Page 5 of 10

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us~s.gov'. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1,175 l.f. of jurisdictional
channel and 3151.f. ofnon-jurisdictional isolated channel (1,490 total)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The an>,licant requested a detailed delineation of wetlands on nronertv in order to avoid
jurisdictional wetlands and waters to the maximum extend practicable. The applicant has
minimized impacts to important/perennial stream channels by using an arch culvert to
bride Lick Creek, and has limited important channel impacts to 51 linear feet over the
entire 550 acre site. For additional justification, please refer to the attached letter from the
project engineer. In order to access the portions of the property located west of channel 17, a
Page 6 of 10

road crossin ig s required. Crossing at the location shown for impact 17-2, allows the applicant to
place the impacts as far upstream as possible for both impacts 17-2 and 16-3. It also allows a
street pattern that does not require a permanent road crossing impact to the Neuse Buffer along
stream 16. The area around channel 19 is difficult to deal with due to the location of the
drainages, the steepness of the topography, the alignment of the street system, and the design
criteria for the streets. The aligmment of the Northern Durham Parkway is set by NCDOT, the
Thoroughfare Plan for Durham, and the stringent vertical and horizontal design standards
mandated for this thoroughfare. The required separation between intersections along
Northern Durham Parkway further dictates the placement of the intersection with Golden Belt
Parkwa~iust west of impact 19-4. Due to the controlled access and intersection separation
requirements associated with the design of this thoroughfare, shifting this intersection to the
north or south would conflict with the ability to provide a second access to Northern Durham
Parkway to the south, or the access to the north which will serve Tract 10 and the proposed
Durham County school site located just north of Lick Creek. Given these constraints, the client
has proposed to cross as close to perpendicular as possible. Impact 19-4 is rg eatly constrained
by the conditions outlined above. Without this proposed crossing, the area of approximately
acres located west of stream 19 and east of the Northern Durham Parkway could not be accessed.
Crossing impact A-1 is elaborated on in the attached letter from the en ig•neer.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetl ands/strm gide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
Page 7 of 10

and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Due to the size of the site, along with the constraints of topography and the roadway
design, impacts to channels and wetlands were unavoidable. Because impacts exceed 0.1
acres and > 1501inear feet of DWQperennial channel the applicant proposes preservation of
the remaining wetlands (proximately 9.5 acres) and/or payment to the NC-EEP for channel
impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 198-396 feet
Amount of buffer mitigation requested (square feet):. 236,621 s.f.
Amount of Riparian wetland mitigation requested (acres): 0.5-1 acre
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
Page 8 of 10

justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ^ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 130,502 3 See below
2 91,903 1.5 See below
Total 222,405 See below
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
Mitigation will be required for impacts 19-4, 20-2, 12-2, A-1, and 3-1 at the following amounts:
Zone 1 - 59.872 x 3 = 179.616: Zone 2 - 38.003 x 1.5 = 57.005
Total = 236,621 s.f. required for miti ation
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
The applicant has requested payment to the NC-EEP for buffer impacts.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The site does not currently contain impervious surface. Followin>? construction the site will
contain less than 24% impervious surface; therefore, we do not believe apre-approved
stormwater plan is required. Moreover, because this site is located in a water supply watershed,
Durham regulations prohibit any development that exceeds 24% impervious. The applicant will
Page 9 of 10

provide measures to insure that diffuse flow is achieved before stormwater enters the buffers as
well as maintain riparian buffers.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitarv sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~j1 n J!!l. - 7 ~~u~+
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10

PRIEST, CRAVEN & ASSOCIATES, INC.
LAND USE CONSULTANTS
June 23, 2004
Mr. Todd Preuninger
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re : Brightleaf at the Park
Wetlands and Buffer Impact Justifications
Dear Todd
We offer the following justifications in reference to the proposed impacts
17-2 In order to access the portions of the property located west of wetland channel
17, a road crossing is required. Crossing at the location shown for impact 17-
2, allows us to place the impacts as far upstream as possible for both impacts
17-2 and 16-3. It also allows a street pattern that does not require a
permanent road crossing impact to the Neuse Buffer along stream 16.
19-3 This is a very difficult area of the site to deal with. With the location of the
draws, the steepness of the topography, the alignment of the street system,
and the design criteria for the streets, we have very limited options in this
area. The alignment of the Northern Durham Parkway is set by NCDOT,
the Thoroughfare Plan for Durham, and the stringent vertical and horizontal
design standards mandated for this thoroughfare. The required separation
between intersections along the Northern Durham Parkway further dictates
the placement of the intersection with Golden Belt Parkway just west of
impact 19-4. Due to the controlled access and intersection separation
requirements associated with the design of this thoroughfare, shifting this
intersection to the north or south would conflict with the ability to provide a
second access to Northern Durham Parkway to the south, or the access to the
north which will serve Tract 10 and the proposed Durham County school site
located just north of Lick Creek. Given these constraints, we have proposed
to cross as close to perpendicular as possible.
PLANNERS /LANDSCAPE DESIGNERS /ENGINEERS /SURVEYORS
3803-B Computer Drive, Suite 104, Raleigh NC 27609. Phone [phone]. Fax [phone]

Todd Peurenger
June 23, 2004
Page 2
19-4 This impact is greatly constrained by the conditions outlined in 19-3 above.
Without this proposed crossing, the area of approximately 4 acres located
west of stream 19 and east of the Northern Durham Parkway could not be
accessed. Again we have tried to cross as close to perpendicular as possible
given the significant topographic and roadway design constraints.
A-1 In justification of the impacts that will be caused by the construction of
Adams Street across the Wellons property it should be noted that the Location
of the intersection of US 70 and Adams Street was set in accordance with a
1946 record plat which dedicated the right of way for Adams Street. The
location is also determined by the need for the relocation of an existing
median break on US 70 which must align with the opposing right of way of
Adams Street on the other side of US 70, which was also dedicated in the
1946 recording. The design represented in these plans pushes the minimum
horizontal alignment requirements for adequate sight distances, vehicle and
pedestrian safety in order to minimize the extent of the impacts. These same
safety design criteria and the location of the existing Adams Street right of
way, preclude any alignment which would avoid impact to these streams.
The existing alignment of Sanders Avenue, located approximately 1100 feet
east of our proposed construction of Adams Street is not an appropriate
access to this proposed development of over 2000 homes. The right of way is
dedicated and an existing two lane road extends between existing homes and
businesses along Sanders Avenue. Widening this existing roadway to the
multilane section required of a development of this size would require the
acquisition of additional right of way, causing significant damage to the
existing properties. Our clients do not have the power of condemnation to
force the owners to dedicate the additional right of way, nor would the
property owners fronting Sanders Avenue be pleased with the prospect of
traffic from a 2200 home development being channeled across their front
yards.

Todd Peurenger
June 23, 2004
Page 3
Providing culvert sizes, inverts, and level spreader designs for the entire project is
simply not feasible at this point in the design process. While the conceptual and
preliminary plans are sufficient to document our proposed impacts, the street and
storm drainage infrastructure design for a vast majority of the project are far from the
construction drawing level required to set inverts, determine final drainage patterns,
impervious coverage, outlet locations and inverts. This information and the
subsequent level spreader designs are appropriately and accurately presented at the
time of construction drawing preparation. I would ask that these items be submitted
for review on a phase by phase basis at the time of construction drawing preparation.
We have included these items for the portion of Adams Street and Street "A" which
have progressed to construction drawing design. These calculations and devices are
typical of what will be provided for the other areas of the development as those plans
proceed to construction drawing design.
Please do not hesitate to contact me with any questions or comments which you
might have.
Sincerely,
~~~
Thomas F. Craven, PE
Priest, Craven & Associates, Inc.

''/.
~`: ~
°
~ '
/
_
' .. _
l Sri .:~,1 -ter ~r c .{ ~.
`-._i f ` 1 ` ~ , '\,
irk
f ~ ~ t ? / ~I \ f
i •
~ ti.'
t~ ,~.7T-`~~ _.~ ~.-?
~; "- .~.-,: ! ~° ~~'~ ' ~ %}tt FCC '
~~~ r;/J
''~i' y/ l~'• -
I ~
_
,
,1
c l
1
t.
t
~:
"
'
~
I
\
1
art
I :]~
°- ,
Y,4.
~
~y##
51. ,w ~' ~ r'-- 1 ~,+
. ~ -Jf~ ~~ '".~!r/` °'~ - /"~ ~~,,,,
.~ ~
. ~ ~ e, r = \` t t("'~--~1~ gW
~1
~
~~ }~I J : f1 ~ ! / .- +J~ ~ 1 _ / 1G \ \ ` 5 i ( ~ Y'.. Y Mme' jj ~ t { . ~ '1 I` L l
/L
~
1, ~;~{_~^.:•r+..
.C.'
,
i
1
~I J \`'4
!
/
~ J
4i~•\-
-- 1t )`
~~. _
I
I
1
~~
\ t r
J
}
~
,
+~
t
lV lCL7i
i ~
i
~
~
/ ~; I 1 A ~~! '<~~-y'-. ~' S X11 "~~s: ~~ I rJ ~ i 1r'/ k ~~ .'~t7L' .. 7 fi ~ ; F ~!f ~ ~ Y f- ~. ~ ~ ±~ c . \~ f. ~J r J ~ ~r`{ i.~
i >, ~ \ I d
~
V.~y.. ~-i v. ~' ~` ~..~
,\ f. "'\"~,: ~`
rf ~. ~• A ,i t , i
1:\ ;vf t~.f \~ ~ Cl.~t~'r r 'I I~~Sd
~
~
J ~

~.
- ~
\ I;
,
._
.
~ ~~ r {ti ~f t \ .f 1 J,'ti'J 1E 1 / \j ~~~.~
,r i~ ~' 3i~~ /
~ - fl / i ~. }fit L ~ -.I I ly• .~t~ F ~ `A I~ ~t IC \\ ~ \ 1\--~ ~ 4 ~ ~e• '!! >r w 1. i :t ., •~
;~ ! .`.s.,.. '3~'`.')lY~t..1.`
'~J ~
f~ ~{~`~ ~rr (-' ~ ~•~ !'~
~' '
yy ~ ~~
-~
~:
`
"€ ~.• `~• t T ~ "'d
`
I
~
i
r
r r
~
1
I.
l,~
~ ~ *..
,.~., • i 1 ~- t `` f!~ t ' ~ .~ \tii\ 9~ , f y~•• f ~ '~ ~ .i f Ff ~ ',~ ~j -(~ ++~ t t ;^ ~ ~ 1 ~ ~
~
-
~
-
'
~
l
~J if J'
~~ ~i r \ ( /
~ t j ~ r ~
,
9k yi , w _,..,yyr !~ .. t.~ ~ k~ ` ~ r~
t } r
r`
l
, 1
~'~ ~
!~`- 4ip r _ I~~ "tiC ~ ~\~'~ i i) R
`-`lx, \..i t x~ii I t.
e j
! 1 1'
tf1teT
,
~
\
\
t
.~
t
j
~~j, f -! I
L__-°ri` /
`'\
~` t
,
~" ~ it
~4
f
~~~
~~ ~,
~
f~ f \\f~
` r ~
~
t
i
r
; F ^
1
~
~/ 1~
,~
~
\~°
J
~~
\5
~,~-.. ! r, t -" ~'.v, f„{1 ''~` \ `1 ~ k~ tt13 ,~~'"_~ 1~{ i ; S ~~~ 4 ~_ f ` 1 ~~ / } i4r,,.. _ / !,
~
.:~
1
'~
"'
J 't'
~
I
f
\ j~
~ -
~1
+ ( r _~ i% ~" ' r"' ,~>1
l ir7l/~ t ~/-y ~ i ~ t~ ~
\ -~,{~ ,?c~! ~ ~ t~`~ ~ r`~ lQ~` t.~~~ \'.~ ~~, ,y s `G~~~~~.1~`~ :~<+\F~`" Z'~ ~~,~f r~cQ
..r-~...,t~ -~ '
~~°fi-~ i~~~~
~>b ~ rte'? i ~ t 1 X ~.,..~;_.~ '~ "~ ~ ti~t~ i ~ rl,! 1 tti
~ \
-1~ 1 ` ~r t ! I r~.ll~r-'
f/ ~ ''~~ i S ~
~`"`/
~ ~ f•1 + ~ y "~
'~ ~ 1
I~ e
_ 1
`
,
I
...
~
r
t
~/ ~~~ \ ~ \~"\~' \\ `. ti.'. / i ~f J,r 4? r~ 1\ .1 lli! ' \' ~ ~ 1~ Z. , r f '~ ~ ! ~jt~J ~\, --
K
r
.~
/
. j
!J j~L ~
t j~t'E
,5
~ i
~ 5 ~ ~
\ <l~
~ ~
£
r`
(~ 1 i
J
r f
.
(
'7 y
f
~ \ _. -
1I ~'\. . ~-Y ,~ 1 / \~ ~3
y ~,~~~~
{
?
~,
~
I
~_ ~ ` ._~ f ~ 11 11~i. ,(f~,;~ ~. ~
{'r 1 E ~ ~ ! lrl 1 ~~f _ Q ~~ ~~,,f ~ Z1 ..~JJ
(
~
il.~ \ !.i I • ~ _~ f I)fj ,` ` )~f~J
~ M 1. ~ ~.~ f ~ p ,~. *.~ l }~• A ) _i ~ ~~... ~Al1I ~(\/~vAyR~ - l ~' ~~ ~YS '+.fil S
)
i
~ t
1 1
M
!j7' ! \
~~
l
/•
;
'
{
~
%
"
~
~ III
r- `
f :
•
./G-.'
.
0 ~-
i f !
x ../-- i ~'
j {
\
;
~~~
< 4 r `
i2,~
r.t+ ~'. _ ~
f 1 ~ 1
k )
(
j~
1 r ' ~
'~ 4~C
~ v`f~
L``~-'.
~
!
~
,
,
,
,~
~
j ~ t,~-~•f \ ~ Flj~ i •~ it' {~ ~' ( 1 ~` '^-~r/./'_~ • ~ t F '.\~ \ I j..F.,.fi l
\ 5 ~~
~ f r t ~, ~~. ~ ~i
k '' ? ! ~ td . r.
_,'`~ 3~
{) }
-- `~ - ~ ~ tie ^ ~ \ ~
~`> C J ~3
\
~
,
c~ j
Si ~ i~4iz~ J `I G ~„I .:~~ 3 _ 4 '~T~ - f ~2 '~~ ~,/\(`i y\ ~'rt. ! \~ ~ ~Ix~ ~~~t t Jl ,.!' 7 %~~
t \~ / / 1 \ ~1F`
~
k
•
'
•
'
'
~
Z ~ ;,`d. i I.rt ~~~;,` €(\~ ~
~~,.
, tJ \ \
\ 1- ~~ ~ F ~~ ~\ y ~/
.
a` "_~ ° ~
" •
~` 19
r,.,.. f ~
~` '" ~ f, ~ t f ; ~,~ t ~tE{ r ,` ,.~ ,,` ~~\ `:~ ic,~`~ ,,r' \a 1 !}((t{,Frl ~L~ /. ~~~ vii
j.~. : Iv! ~ t, .1 5 ..,_/~I !J~ J f 1 (I ~, l ~ ~-'~\~ J '~5 ~: :. ~ ! f ~ '~( ~1 ~ ~f~~ ~f. I~' r.i~'
Y F• ~ ~~ ~~ + ~ ~-~ e i
'
~
~~
"
~
~
'~ r
I „pi7 tr tit ~ ! a_^
r` ~ i 2 1
.( ~/"'
4 '~
-~ -
-
~
~~'~~ I
''
i
`
`
_ r~
~ ~, I
~
~
'
~
° ,
i
,! ja
~ 3
b
~ ;
_
~i~
~ .1,`Y f~
"~..~
\ i
f r
~~~ > ~, '
~~Il~y1 ~ /F ~~0. 1 ,~._~r~-~\..._ ~~,/I' 1 .#
\'~ ~' ~'~ ~ .. ~ Jf \`j r .Jk~t 1 ~! J C('h
~~
.%
t\ A•t A
11
.
~ ~
~
+
~
~
~
'\~
i
~
{,
1
J
~
~ ,
I
~
.
t
~
fl/
1.
J 1 t ,Y, ;JS
- ,~~
f
`~ ti
~>y
't `.r-it
6
~~\t ~ t
t~
r .~; t I ~
'
~ ..
~1
a
~
/
~
~1
t ~
"~y ~
< I t /
1 `
~
~
`
!
.
f
. i~f{
~ ~
~i
.
.
i E'
f '
.
""
~~;
t
~
:
`s
-
~
f r
1\
` \ f
tf
~
?: ~ _,,`~ .. 1 \~ f~1 x)91 ~ Y }~} ~ ~ ;'-...'~ tt ir-\.~"' ~ f' \,1 ('~'.'~~
rte. I~ f~ i - 1 t ~ "~r~ ~. ~ w
1- • I~ ~ ~._ ~ ~ -~.~fj. t_ .., ~! ..may 1, 10 F ~ 1 ;l ,,., I ~ "w\ 7

~

I _ ~ `~••~ %~i,. 1 ~ ' 9 '~ ~ ~ !t ;t{~4~- ~F I~ ~~ f~ ~f ! t%~.. { ~~ l4 ` `` I ..3~ 44
t t~ `~ v~~ ~~~\ `~ ~~ ~ { 1-1 4 y. ;'
i . ~f ~ ~ } i ! ~~ ,--fr, ! ~_~~ f 1 ~ ~'~. ~~r' z 4~.\@. t ~
~
~ •
~
, c
~ •~. v .'~ ~ I u ~~
K I
.:
..:~24"~ ~ -• , / ,~ ~ • ,+ •;Z~~:~ ~ 1~i! ~ ~ ~ }\ rCiY~f1' ~\~ ~S ~r ,-~(, 1_ • t \f'~ "' f , r\~4;~ \ r~
1 . J pir~~ \J ..
'.. r R \
r
f ~ Y j-a
1? I
l~
~ I Mr: "1 'a

I.

° \: F
tti'
w #_
~ .\
z
? 1
l a
t f ~ t • ! s ~~. tank ~~`/~ t ~.: f y 11~ `"~' i,.G"S~ . t~_y 4 ~ 1 + iF ~ ~ ~ ~. ~;.,~?sF.iS,.~ ~w.~-~~.
\
t
r
~ :
^
r
n
I
u
*
`' ~ .i! t l .~.~ !i J`~~~ ~\ . ~ • ! p/ %i 3 ~ \
` I 7
.f ~ ~' '! t` :.F t 4 ~ ~ ~
.4
r ! l ~ ~4
~I
.
4 ~ F
is ~
b~.
~
t
~~~y • ~'
~'
t
r
k
~ ~ \ l ~ ~
~
.,
._,
,,~
+
:
l.
1
:.i
4 ~ ? >
t
,\/
]!
3
-
c
•
r~ .iT- yam: 4~r'• `-•.-.'\ ~..__3c~~Y -~~ ~'~~\~ ! 4 ~,;/~, ~ j ~ ~' ~ z ~
1 r~i,,:i
-~~ ~ 1~/
F
~ f
~
'
~
(
<
~`
~'
`
--

Z 4
-o.
~
~
;
t~; f i.
~ .~
~ ~- ~~.,
~. i 1~f3 >, t°; \
~,,~ •a ~
;-_
~,`,./ \ 1 rte, ~i 4 s ~ t\ t !. 'jjtt
j~R '.lJ f.! ~,.,, f(~~,t;\~ , \ 1 .`' '\•_~~ ~ ~ 5 -, ~--~4 ? ; ~ ~ , ~ 'E 4 ~ ,~ I`f 1 f ;
~.' .r^-r t i \ ~- llir '-- Z ~ 4 ~~ .~e r /i`~ \ r /' t'9,~ `..\..a '~ ~ R i L~r< ` ids
;
i

f
J,;
f l ~ _/ ~' \r (i-~ i '~) ~ k ..r-. r ~M~~~~~.(~~F i~ \F ~.;`` ~\ ~i~T..,_i

I
~ t `
-
"
2 r~
I
F r ,
I• l ~ ",--.i _ +'~, ~ ' { s. ~ \ ~ k FY , :.~ t ~t 1 C...~ ` ~i.+`^.~lti t (~ ~4 [
\ r
i
.
78° 50' 0.00" W 78° 49' 0.00" W 078° 48' 0.00"
Name: SOUTHEAST DURHAM Location: 035° 57' 10.4" N 078° 48' 54.8" W
Date: 7/17/2000 Caption: Figure 1. SITE MAP
Scale: 1 inch equals 2000 feet Priest, Craven, and Assoc./Sherron Rd.
SEC Project # 00-5566
Copyright (C) 1997, Maptech, Inc.

~5~~ ~ ~ r+=,~~~ ? 1 ~ ~; C~ •~ f .~{ f ~ ' } ~i , ~ `~ ,1 ~ r ^+z~..~' _~r,~~'t ~ •y .r~ 1. t
,•• / r /f i1 l }` ~ ~ ~ ~~ r/~k J ~ J ~I ~~ ~ E~'K ,~ {` ~`1\ ~ +e ~~/" ` \G'~,iW- • ~~ ~ ~~ ,' t
r.
Ir-' ' `
J ^J ~ j- ~ ~~ •' ~ G'1ti 1 ~ • ~ f i~ i ~ ~ ~,~ v ~ ~~//~~~ ~ }' r'~ • ~ ~ ~ ' I ~ ,._J ~-~t ~J~ ~ ~~6 ~ ~~ v i ~
lJ~"l~ii . ~~~' .~~, ~~~! )jl~~r •r,4„l i~ \ • l~~?l~J?r ..Ji~" ~,~~n11E ~1~~\ `~, X~3 ~~~1.!i
( ,
,-
` ~~~
r~ ~~, 1`~/ b ;,,~`'\`,~ir. S U4"" I 'lC r1 `1~ i~O
'~ ~ _~
--._: -
1 t ~~ k04 / ~~ ~ ,~ ~)~( -~ RJ• • Q
JJJ / •f ~
1 + ~ ~-~,
~ ~ ) ~~ 1~ f13 f • 1 J
"~- ~ ~ ~ •.
r;
~/ ~ tit ~ \.~ ~ ~ • --~ 'l
.. _ -~
+~ s
5566 WO ~~ Figure 1 - USGS Map
r
f
0
a~`--l
~~~• !~'
r (/ i 'I LL
~ ~~' ~~
~~~
l7,~4
Sherron Rd. ~ Soil & Environmental Consultants, PA
Project Mgr.: Priest, Craven, & ASSOC. 11010 Raven Ridge Rd.• Raleigh, NC 27614
TP Durham County, NC (919} 846-5900 • [phone]
Web Page: www.SandEC.com
Scale:
1" = 2,000'
03/22/04 Durham Quadrangle
Dated 1993

` V C �i WSC x C
a
CrBI
CrB wsE'
y �
wsc
29
27 rOws �
} `I wsc § wsB 28
26 WsB
..:
CrB
wsc. 11 it
wsc `-
CrB (` CrE 25\G / j
F �a l 23 ��< 31,
t
t wsewsc�.��
II / 56 i7B � 1i
CrC WvG
;r i 1crB
16 �-
18
rB ?_ 24
\,WSC v�
r Ws
W ,B
1 it 2� w_c ,Wsc
`�� �34
- vy� 33
arc �t•x �: �/ 19
110 ' cn i �' r6 X 36 35 N /
7
ws '
.F }1
9
B ,
14 : Bch 3 vvsc
LGGI
E f/
0
Sheets: 27,28,32,33
Project #: Scale:
00-5566 1" =1320'
Project Date: Figure 2 - Soil Survey Soil & Environmental Consultants, Inc.
Mgr.: P. J. 7117100 Priest, Craven, & Associates
Sherron Rd. 11010 Raven Ridge Rd, - Raleigh, NC 27614
Durham, Durham County, NC [phone] • [phone]
Web Page: www.SandEC.com

Project #: Scale:
5566.W0 1"=1320'
Figure 2 -Soil Survey Map
Project Date: Sherron Rd.
Mgr.: TP 3122104 Priest, Craven & Assoc.
Durham County, NC
~ Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com

~QF wAT~9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
~~ G North Carolina Department of Environment and Natural Resources
~ r Alan W. Klimek, P. E. Director
~ '-~ Division of Water Quality
© '~'
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 16, 2004
DWQ # 04-0542
Durham County
Page 1 of 2
Richard Westmoreland
Rhein Interests
1905 G. Ashwood Court, Suite 102 ;'~,~~
Greensboro, NC 27455
SSG6wb
Subject Property: Brightleaf
UT to Lick Creek ~"-~
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233), DWQ Express Review Process
Dear Mr. Westmoreland:
On April 15, 2004, at your request I conducted an on-site determination to review 3 features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). These features are
labeled as "A, B and C" on the attached maps.
The Division of Water duality (DWQ) has determined that the surface waters labeled as "A" on the
attached map is subject to the Neuse Buffer Rule, feature A is subject from the culvert of Hwy 70
through to off property. Features B and C have been previously evaluated and were determined to
be not subject within the previously evaluated property referred to as the "Village Creek Tract",
NBR # 04-094 (see attached). Please note: The property boundaries are different in these to
properties, however the evaluation completed for the "Briahtleaf" project was for a centerline of a
road and features B and C were not subject within this proposed road alignment. Feature A and it's
associated buffers should be identified on any future plans for this property. The owner (or future owners)
should notify the DWQ (and other relevant agencies) of this decision in any future correspondences
concerning this property. This on-site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination by
the Director. A request for a determination by the Director shall be referred to the Director in writing c/o
John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that
dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the
buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third party appeals are
made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1506
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60
days.
North Carolina Division of Water Quality, 401 Wetlands Cert'rfication Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Richard Westmoreland
Page 2 of 2
4/16/04
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State.
If you. have any additional questions or require additional information please call Mr. John Dorney at (919)
733-9646 or Debbie Edwards at [phone].
,..-.
Attachments: Durham County Soil Survey map
USGS Durham Quad map
Sincerely,
,~
cc: Steve Mitchell, DWQ Raleigh Regional Office
File Copy
Central Files
Todd Preuninger-S&EC
~L~'P~--
Klime , .E.,
Q, Director
DWQ # 04-0542

JUUFi
~~v~.~ronr~e~ta~ ~a~s~xt~,~ts, I~~
Rnad ltalei~. North C:u'oli.na 27614 Phnne: {91 y1 2546-5300 Far: (419) ,346-9467
:~G~~1'T AID-'1'HOIATIQhI FARM
Name: ~l-E~ l~1 '~` K-I~I~T~-.-~ A~ Ll._. C~
Address:.~ ~C3 V~9t.=.. ~"'CC\-~ l~S~ ~ ~-~l + ©, ~ \'(_~ ?z ~~ , ~~-\L~ 1 p~~
Z'"1 cd ~
Pro3ect Namef Description: ~~-~ ~\~~ \-'~ Pa''~
Late: --~v ~ ~ ~'~ 2©~
'lie Tr~epartme:~t of the a~,y
U.S_ Army Corps of Engir;ears, 4tiTilmingicn1"listrct
P.O. ?3oY 1$c0
~ti ilmin gfon, ~7C 2802
/~ttrt: 1 c~r,~_v
Field Qfnce:
Ise: W e+.~nds Related Cr~nsultittg and Pen~it#irtg
To titi'hvm .lt May Canon:
I, the current ~ .ror~zrtn cwner, he*eby ciesigrtate and atxta~:ori~-~ Soli ,~ EnvironmeYt~l L,onsultants, PA to
act in r:~y beh,Llf as my q~?~tt in trse prccesaiz~g cf t appiicaticnG, to fumisn upcn ~~~uest
sLLpPier_~tal -~iorn~abor, i^. supror= c= a-ii?Cud.orts, e*c. iTCnrt t:~.":S day far<~vard_ iye ~ ~ _ ~a;r of
Jv~~ ~~..
i r~is notirication superszdes any pre~rious cor:esponaezc2 cortce_*nii-~~ uhe a;ent :`cr tizis ~:.*eje~.:t.
~Tfl`i'ICE: This authorization, for laanr7it;~ anti professional cour#esy reasons, is vaiid on3y for
;ovexnme~t of£ie::a3s to eatex #,'he property vvhez>: accompanied ~nj ~azE~ staff. you should tail SdcLC
#o arrange a site meefing prior #o visiting the she.
Fv"(' t'~x- -~'~ . v ~P . ~- i cl~l~.~ ~ ~Y~} 1~`~"'C1M ~ ~~ L--G'ka~.D
Print Property Q~cvner's Name Property Uwner's Signature
cc: Mr. John Lorney cc: Mr. man Q,axk
NCDENR - DWQ Soil & Envirtmmental Consultants, I'A
?~21 Crabtree 8aulevarc~
Raleigh, NC 2iG~4
Ghnrlattc C}ffice: GrrcmbcxU Oft%~: Hickarv office:
236I„Phillip Court, 5nitt: C 3827-F I.awndale Drivt: G2?. Cooa Mountain T,ane
Conclmd. NC ,'.8025 Gn'etuboso, NC 27455 Taylotsvi!!c, NC 28687
Phone• (704) 7~-94fl5 Phony (33fi) 540-3234 Yhunc (BZii) 635-58''0
Fax: [phone] Fux: [phone] Fax: (R28) 655-5820
Ali Blanks To Be Pille~3 In By The Current LalZdowne~'

JUL-.1-20~i4 09:45 FROM: PRIEST CRAUEN ASSOCI 919-782-1288 T0: 8469467
tU a-~1 ~ i~ - ~ o~ I-1 ~~3 = Iq 2, ~
~~ 0. - ~ G t~ _ ~~ C 13 '~ ~, ~ -1
~~~
A-I
P.2
23.14
_` ~
~ i i~ o~ ~~
Icl3
Zc 13
b-4~
~ a-15c1~'
~~3
ANNE
i ~
~~ Z . 13
~ a-17c13
x a-IC~c 13
/b-I
~ END WETLANDS SURVEY
~~/
g~ ;~ ~ TOTAL
'~°~ 13 / TOTt~L
a-I~~cl~
a-I X13
b-C~
b-7
b-8
~' END WETLANDS .
H~~~

r