20160131 Ver 1_More Info Received_20160513

Environmental Consultants,
8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] •
sandec.com
May 6, 2016
S&EC Project # 12848.W1
DWR # 16-0131
NC Department of Environmental Quality
Division of Water Resources (DWR)
DWR 401 &Buffer Permitting Branch
Attn: Karen Higgins
512 N. Salisbury Street (9'h floor)
Raleigh, NC 27604
Re: Request for Additional Information Response
1415-1417 Woodland Drive
Durham, NC
Ms. Higgins:
It's important to know that Mrs. Cathy Hamblen has contracted with Soil &Environmental
Consultants, PA (S&EC) to assist with the response to the NC Division of Water Resources
Request for More Information (RMI) letter dated March 24, 2016. We have included the original
questions/requests below as they appear within the RMI letter and then we have provided a
response that has been prepared jointly by S&EC and Mrs. Hamblen.
Additional Information Requested:
1. In the buffer impact table of your application, impacts from the proposed rain gardens
are listed in the Zone 2 column; however, the rain gardens are located in Zone 1.
Constructing a rain garden within the buffer is an activity that is allowable with
mitigation. Mitigation for impacts to Zone 1 requires a multiplier of 3 to determine the
amount of mitigation required. Therefore, the amount of mitigation proposed does
not comply with the rule. You will need to either request additional mitigation to
cover the amount required by the Zone 1 multiplier or you request approval of an
alternate mitigation plan for the rain gardens portion of your project. If you prefer, we
can request a variance from the mitigation requirement for the rain gardens as part of
the overall variance request by offering your proposal to remove English Ivy and
plant woody species within the buffer and adjacent to the stream channel as
mitigation for these impacts. Please provide a key of the plant species on the site
plan that are proposed to be planted within the riparian buffer. [15A NCAC 02B
.0233(10)]
Page 1 of 3

Mrs. Hamblen would like for you to request a variance from the mitigation requirement that
would allow her to plant additional woody species and remove the English Ivy within Zone 1
of the riparian buffer vs. additional mitigation payment. We have utilized the Guidelines for
Riparian Buffer Restoration document and have calculated that twenty-three (23) woody
species would need to be planted. Woody species, a mix of trees and shrubs, were picked
from the Master List of Native Plants within the document that meet the same native region,
light requirements and moisture requirements of the property location. The species have
been provided on the attached Plant list, along with a key. The species were then added to
the updated Option A Impact Exhibit (see attached). Please note as well that some of the
species planned for the rain gardens are native species to North Carolina and these rain
gardens will be fully vegetated. Additionally it should be noted that Zones 1 & 2 of the
riparian buffer are currently vegetated with the large canopy trees identified and placed on
the original Option A Impact Exhibit, along with many smaller trees and saplings that were
not identified on the original exhibit.
2. The following comments are provided regarding the proposed rain gardens. (15A
NCAC 026.0233(9)(iii)J
a. Locations should be shifted to ensure that they are situated at least 10 feet
from the house.
The proposed rain garden located in the northwest, back side of the lot has been
shifted to be greater than 10 feet away from the proposed residential structure.
Please see attached updated Option A Impact Exhibit.
b. Add drainage pipes to the two downspouts on the northeast corners of the
house to ensure stormwater runoff does not bypass the proposed rain
gardens.
Drainage pipes have been added to connect the two downspouts on the
northeastern corners of the residential structure to the proposed rain gardens.
Please see attached updated Option A Impact Exhibit.
c. Provide a draft deed restriction that will ensure that the rain gardens and
drainage to them will be maintained in perpetuity. Guidance and sample
documents will be emailed to you for your use.
We have provided a Deed of Notification that has been signed and notarized to
protect the existing stream and riparian buffers on the property. Per the Major
Variance Application Section F, a signature in Section G certifies that all
structural stormwater BMP's required by the variance will be located in recorded
drainage easements and the easements will run with the land. We anticipate that
these documents will meet the DWR's requirements for protection of the natural
resources on property, and the future maintenance needs of the rain gardens.
d. Provide an operations and maintenance agreement for the rain gardens.
Guidance and sample documents will be emailed to you for your use.
We have provided a signed and notarized Rain Garden Operations and
Maintenance Agreement. We utilized the sample document provided and your
Page 2 of 3

guidance. We anticipate that this document will meet the DWR's requirements
for future maintenance of the rain gardens.
We anticipate that this answers all of the DWR's questions in order to proceed with the Major
Variance review and presentation before the Environmental Management Commission. If you
have any further questions or any additional explanation is needed, please don't hesitate to call.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Deborah Edwards Shirley
Environmental Specialist
Attachments:
1) Agent Authorization
2) Plant List
3) Updated Option A Impact Exhibit
4) Deed of Notification
5) Rain Garden O&M Agreement
Page 3 of 3

Environmental Consultants,
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PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: 1415-1417 Woodland Drive S&EC Project # 12848
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn:
Field Office:
I the undersigned, a duly authorized owner of record of the property/ properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps)and Soil & Environmental Consultants, PA (S&EQ staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0822-16-84-1095
Site Address. 141.5 and 1417 Woodland Drive
City, County, State: Durham, NC 27701
PROPERTY OWNER INFORMATION:
Name: Cathy S. Hamblen, Power of Attorney for Ella S. Yorks
Mailing Address: 9 Knollwood Road Pinehurst NC 28374
Telephone Number: 910-603-0422
,r
Property Owner (please print) Date
Propertyner Signature
We her by certify the above information submitted in this application is true and accurate to
the best of our knowledge.

PLAIT LIST
Key
Botanical
Common size
root Quantity Remarks
Name
Name
i
JunEferus
Blue Pacific 15" --18"
cont.
29 3' o.c.
Conferta
Juniper
PGC
Iris Cristata
Crested Iris
30
A
Azalea H brida
y
Glendale Azalea 18"
cont.
21
"Festive"
H
Tsu a
g
Carolina Hemlock S --81
B& B
3
Caroliniana
R
Rhododendron
Rhododendrum 2'— 2 1/2' cont.
4
Hybrida
Roseum Elegans
RH
Rudb eckia hirta
Blackeyed Susan 1
cont.
30
V
Virburnum rufidulum
Blackhaw viburnum
2 -- 4'
1
L
Liriope rnuscarii
L-sp icata
Liriope 12"
coat
00
English Ivey covers
most of the land and can be left for existing growing in about
30 percent of the area that is beyond the Zone 1. The Ivey will be removed from
the Zone 1 and mulch pp
l h will be applied to enhance the new saplings and shrubs.
There will an add�t�o p g
nal 23 tree sa lin s and shrubs appropriately placed in Zone 1

Additional plantings and scale
ID Black Cherry sapling 1
.�
Flowering Dogwood saplings 6
Q Hearts -a -busting (strawberry bush) 4
Mountain Laurel 12

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WOODLAND DRIVE

DEED OF NOTIFICATION
Date: 6C
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the Durham County Registry prior to the conveyance of lots. Said Deed Notification
shall apply to name of subdivision, lot numbers in Durham County, North Carolina as shown on
plans titled Lots 1 and 2 C. L. Morris (1_41_5 and 1417 Woodland Drive) (insert subdivision name)
prepared by (insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland, stream
or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements
of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration.
The intent of this provision is to prevent additional wetland, stream or buffer filling or drauvng, so the
property owner should not assume that a future application for filling or draining would be approved. The
property owner shall report the name of the subdivision in any application pertaining to said rules. This
covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and
shall be binding on all Parties and all persons claiming under them".
Signatu e /
Owner's name: � � i��-i� 6-
Address:
City, State, Zip Code: � L- Y3 1
Phone Number: ff/—O) 6c�,
STATE OF NORTH CAROLINA
mo oi r eCOUNTY
t GM f1U M L UA I Gc.Y1 , a Notary Public of the State of North Carolina,
M t3(} (,Q- County, hereby certify that owner personally appeared before me this day and
executed by above certification.
( IR
Witness my hand and notoria( seal, this 2,1I` St day of RVn 200 i"'
rq
Notary Public
My commission expires: )Z- Z 1 201 Le
NOTARY z"
awl PUBLIC0*0
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Permit Number: Drainage Area Number:
Rain Garden Operations and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known
set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced
immediately. These deficiencies can affect the integrity of structures, safety of the public, and the
removal efficiency of the BMP.
Important operation and maintenance procedures:
F`'''lake sure to water every 7-10 days without adequate rainfall ( I " per week) until plants become
established; usually takes the first year. once established, plants should be watered in long periods of
drought_
Fertilizers are typically not necessary.
refresh mulch annually. Loosen existing niukh and add only O' needed up to 3 inches of mulch. Best
times to mulch are after I st frost in fall or after last frost in sprft, otherwise die plants could be
insulated too soon. Un -n - ached surfaces may develop into a hardpan, a condition in which the soil
surface becomes cemented together, forming a hard, impervious layer. Make sure mulch is only 3-4
inches: torn much mulch will reduce ponding and function of rain garden.
Weed regularly during plant establishment, as newly planted species may have a tough time competing
with weeds. once plants become established, less weeding will be required,
Pruning may be needed to let sone of the other plants grow. In the winter, leave dormant plants
standing and deadheads for bird food. Cutback in the spring.
Deep your garden heakhy and clean. Rain gardens should be periodically cleared of dead vegetation
and any debris that may collect Replanting may be necessary over tine. If a plant is not doing so well
in one locaWn of the garden. it may have to be moved to a wetter or dryer area..
Your garden may need a bit more maintenance than a lawn in the beginning. but in the long run it wilf
be easier to care for and provide many added benefits!

Permit Number:
Drainage Area Number:
Rain Garden Operations and Maintenance Agreement
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed above. I agree to notify DWR of any problems with the system or prior to
any changes to the system or responsible party.
Project Name:
1 4 15 -1417 Woodland Drive. Durham, NC 27701
BMP Drainage Area Number: 3 Rain Gardens 1) Northwest side yard; 2) Northeast front yard;
3) North side of driveway
Printed Name: Cathy S Hamblen
Title: Power of Attorney for Ella S. Yorks
Address: 9 Knollwood Road Pinehurst NC 28374
Phone' n nw 7e)
Signati
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
n n (A (�/(� (�(� � Curl , a Notary Public for the State of
(� (} o y ---e ,County of (y 0�'�"�'1 co V -V I o0. , do here
by certify that Cal (A 01'b i personally appeared
before me this 2-1 't day of � t� � � � � Z 0 l LQ ,and
acknowledge the due execution of the forgoing rain garden maintenance requirements.
Witness my hand and official seal,
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My commission expires _I Z rZ 2.-0 iLe