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HomeMy WebLinkAbout20160131 Ver 1_Major Variance_20160713DWR Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607(e)(2) Protection and Maintenance of Riparian Areas Rules - Variance Application FORM: VAR 10-2013 Please IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES: ❑ Neuse River Basin (15A NCACO2B.0233) 4 Major Variance ❑ Minor Variance ❑ Catawba River Basin (15A NCACO2B.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250) ❑ Major Variance ❑ Minor Variance ❑ Tar -Pamlico River Basin (15A NCACO2B.0259) ❑ Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267) ❑ Major Variance ❑ Minor Variance ❑ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCACO2B.0607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Cathy S. Hamblen Title: Power of Attorney in fact Street Address: 9 Knollwood Rd. City, State & Zip: Pinehurst NC 28374 Telephone: 910-603-0422 Email: phcathvs@nc.rr.com 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: Title: Street Address: City, State & Zip: Telephone: Email: FORM: VAR 10-2013 Ella S. Yorks 600 Laurel Springs Dr. Apt. 603 Durham NC 27713 phcathvs@nc.rr.com 20160131 7FES 1 0 2016 3. Agent Information: 3a. Name: Company Affiliation: Street Address: City, State & Zip: Telephone: E-mail: 3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. 4. Project Name (Subdivision, facility, or establishmentname): 5. Project Location: 5a. Street Address: 1415 - 1417 Woodland Dr. City, State & Zip: Durham NC 2770 5b. County: Durham 5c. Site Coordinates (in decimal degrees): 36.014317 Latitude -78.904611 Longitude 5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of thesite. 5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 6. Property Information: 6a. Property identification number (parcel ID): 0822-16-84-1095 6b. Date property was purchased: March 14,1960 6c. Deed book 265 and page number 183 6d. Map book 7 and page number 8 6e. Attach a copy of the recorded map that indicates when the lot was last platted. 7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES X NO 7a. If you answered yes above, in which AEC do you fall (30 ft or75 ft)? N/A 7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? N/A FORM: VAR 10-2013 Page 2 of 6 8: Directions to site from nearest major intersection: See USGS map 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification Ellerbee Creek WS-IV:NSW 9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO N/A 10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases). Date Applied: Date Received: Permit Type: 8/26/15 NCDWR Stream Determination #NBRRO#15-369 B. Proposed Activity 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: Residential Home 1b. Attach a site plan showing the following items as applicable to the project: ❑ Development/Project name ❑ Revision number & date ❑ North arrow ❑ Scale (1" = 50' is preferred) ❑ Property/project boundary with dimensions ❑ Adjacent streets and roads labeled with names and/or NC State Road numbers ❑ Original contours and proposed contours ❑ Perennial and intermittent streams, ponds, lakes, rivers and estuaries ❑ Mean high water line (if applicable) ❑ Wetlands delineated, or a note on plans that none exist ❑ Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries ❑ Extent of riparian buffers on the land including Zone 1 and Zone where applicable ❑ Location and dimension of the proposed buffer impact (label the area of buffer impact in ft' on the plan) FORM: VAR 10-2013 Page 3 of 6 0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems 0 Footprint of any proposed buildings or other structures 0 Discharge points of gutters on existing structures and proposed buildings 0 Existing drainage (including off-site), drainage easements, and pipe dimensions 0 Drainage areas delineated C. Proposed Impacts and Mitigation 1. Individually list the square footage of each proposed impact to the protected riparian buffers: b on site plan 2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the amount of mitigation required. Reason for Impact Buffer Mitigation Required Zone 1 Impact (square feet) Zone 2 Impact (square feet) B1 ® P ❑ T Home x Yes ❑ No 598 sf 826 sf B2 ® P ❑ T Drive way x Yes ❑ No 650 sf 275.sf B3 -Z P ❑ T Sidewalk x Yes ❑ No 58 sf B4 - X Rain gardens X yes 924 sf Total Buffer Mitigation Required: Total Buffer Impacts 3345 sf b on site plan 2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the amount of mitigation required. For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. The applicant proposes to purchase buffer mitigation credits through a private mitigation bank for impacts 31-133 Attached Pigarian Buffer Credit Reservation letterfrom Restoration Svstems. Restoration Svstems has reserved the Appropriate amount of buffer credits Buffer enhancement is proposed to mitigate only for impact B4 3a. Is buffer restoration or enhancement proposed? x Yes ❑ No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? x Yes ❑ No If yes, attach an acceptance letterfrom the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10-2013 Page 4 of 6 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 11 1,306 sf 3 3,918 sf (2 for Catawba only) Zone 2 1,115 sf 1.5 1,673 sf Total Buffer Mitigation Required: 5,591 sf For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. The applicant proposes to purchase buffer mitigation credits through a private mitigation bank for impacts 31-133 Attached Pigarian Buffer Credit Reservation letterfrom Restoration Svstems. Restoration Svstems has reserved the Appropriate amount of buffer credits Buffer enhancement is proposed to mitigate only for impact B4 3a. Is buffer restoration or enhancement proposed? x Yes ❑ No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? x Yes ❑ No If yes, attach an acceptance letterfrom the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10-2013 Page 4 of 6 D. Stormwater 1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.). There are 4 existing hickory trees. 3 oak trees, 2 birch trees, 9 poplar trees, 1 ash tree, 2 sugar maples and 6 Pines that will be left in place. Gutters around the house shall have 2 ft splash pads to disperse rain water. All of the water will naturally run to the raingarden areas. Herdera helix (English ivy) covers the greatest part -of property. This needs to be controlled with manual pulling of vines and roots'or stump and foliar herbicide treatments. This would be a foliar solution of 4% glyphosate and 1% non-ionic surfactant ora 2% solution of trilopyr and 0.5% non-ionic surfactant. Raingarden level spreader areas will be put in place as described below 1a. Show the location of diffuse flow measure(s) on your site plan. 1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed la 1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. 2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from Stormwater. The structure will have 2 ft. splash pads at all corners. Back side of house will have raingarden 12ft. off of far right corner with 3"deep level spreader that is 7 x 12 ft. and will include shrub blackhaw viburnum, blackeyed Susan, liriope to burm the garden area. The front right of house will have a second 7 x 12 ft. raingarden that will have Viburnum rufidulum, azaleas and liriope to hold burm of garden. The third raingarden area will be to have a 2 % ft. wide 3" level spread along the driveway to plant Iris Cristata and then use Liriope spicata as the burm holder for that length. 2a. Show the location of BMPs on your site plan. 2b. Attach a Supplement Form for each structural BMP proposed. 2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed. E. Demonstration of Need for a Variance The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection. Explain how complying with the provisions of the applicable rule would -prevent you from securing a reasonable return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible. This property is bisected by an ephemeral/intermittent/perennial throughout the property and since the Effective date of the Neuse River Buffer Rules, more than 80% of the property is no longer available for a Home. The proposed project is allowed under the existing zoning. Our family has owned this property for an excess of 50 years. Taxes have been dutifully paid because it was deemed to have residential value. If a home cannot be built then the property has no value to anyone. This was to bean asset in retirement years for mother and now she is dependent on it. FORM: VAR 10-2013 Page 5 of 6 2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc). As stated above, the application of the Neuse River Buffer Rule alone deems more than 80 % of the property is no longer available for residential use. 3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different from that of neighboring property. The property includes an intermittent perennial stream that bisects'most of the length of this rectangle shaped property. The elevation of the property varies 12+ feet from the stream banks up to the existing road bed. The proposed site plan shows the only possible placement for a home. 4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. The applicant has no violate the Neuse River Buffer Rule. 5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request avariance? No. Father purchased property 1949 and Mother purchased property from father in Divorce proceedings in 1960. 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that arewidespread. Through the many years of the area being developed with residential homes, most all of the other lots that were along this particular tributary had been piped with 30" pipe. The plat defines where some piping comes into the lower left corner of the property. F. Deed Restrictions By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. G. Applicant's Certification I, Ella S. Yorks (print or type name of person listed in Section A, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Section F of this form will be recorded with all required permit conditions. Signature: Date: / (� FORM: VAR 10-2013 Page 6 of 6 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 26, 2015 Ella Yorks C/o Cathy Hamblin 600 Laurel Springs Dr., Apt. 603 Durham, NC 27713 Subject: Surface Water Determination Letter NBRRO# 15-369 Durham County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 26 .0233) Start@ ❑ Tar -Pamlico (15A NCAC 2B .0259) ®Ephemeral/Intermittent/Perennial Determination USGS ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) Project Name: 1415 Woodland Drive Location/Directions: Subject property is at 1415 Woodland Drive and is currently undeveloped. Subject Stream: Tributary to Ellerbe Creek Determination Date: August 25, 2015 Staff: Cherri Smith Stream E/l/P* Not Subject Subject Start@ Stop@ Soil USGS Survey To o A I X— X throughout property *EIIIP = Ephemeral/Intermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 DWR or Delegated Local Authority may request a determination by the NorthCarolina Naturallrf North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper • 141:'Woodland Drive Durham County August 26, 2015 Page 2 of 2 Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street, Raleigh, NC 27604. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regard' g th determination, please feel free to contact Cherri Smith at (919) 791-4251. Si cer y, Danny SmitZater Supervisor, Quality Regional Operations Center cc: RRO DWR File Copy Eric Alsmeyer; U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 �! 3 *-- IS-- -3 DURHAM COUNTY, NORTH CARO 2020000 FEET i HeR HWwC eb AIR Cc j. O BYP _ Wwc ��j _ BYP C 501 lww- �� " v .. 70 WwC Ur 1 rbc WSC Y`JsB '� LLL. - / - BYP I AIBP O; 15 i Cc„. W vE WsE Wh Cp l U \ IuB \ ; Ch i C P WsE \ AIBUr s WwCA:i 4 i Ij BUS -, �` i .i ”' V • / ` 70 ur 1 W E / 1� DURHAM i�gg gg�� WwC ., .p _ (ceuK)tY_se:at} n �- Ur i k � � WWc Irc _ `NwC V �_< .. {� Li / /JMf D Mf 4 > MfC Cc_ M MfB '; bV�wC �2 wsc Crt3 WSB AM WscIV r -sc� vvsFi \,Z1 l / t Ww E s 1 W, 111 z 1410 1412 1512 1 ilL 15 CG 1." 1i 15 1 . L n gl ew ood Ave V,,_, 4 &C6 Pj:' 1 14, 142'. E n9fewOod A e Englewood Ave 114223( 1 `" 1 1 `''-' 1`' 1 Englewood Ave.. 1424 14-_,j 2 77 0 '2 141 2: 14 141- 1 1422 14, -i Z 0 tY 14 11':.� 1 111- 14 1 P� 14 1 14C,—, 141. 7 141, 14 �1. lair. 14 15 a 1414 141` � z 71 1.411 14 1-� 1412 1411 1.4 1; 11111 1411 141�D [T. 714 4 =1 1 41, 14, 14, 171 1, 14 7; 14 it" 141X; ti C 14 igust 24, 2015 1:2,257 0 0.0175 0.035 0.07 mi b4d 19b993092439f9384313be63d989a I I 0 0.03 0.06 0.12 km D18c23ab22ad4fO8b2162b7cOc5c461b Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRC/ Esri Japan,METI, Esri China (Hong Kong), Esri(Thailand), Mapmylndia Override 1 OpenStreetMap contributors, and the GIS User Community Railroads Information depicted hereon is for reference purposes only and iscompiedfrom the best available sources. The City of DurhamiDurham County assumes no respon st) ilk y for errors arising from use or misuse ofthis ry 1 NORTH CAROLINA ...............................•...........•............... COUNTY fF This Deed, made and entered into this, thr........1.� .........................• day of M31"Ch......•......... I •, ME ... •• by and between.............W...... Q.Ar.Y... .............................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. part...y .................. of the hist part, and ...... ..E.11.a.... Map ... s......SP..2Li1CdjAg............................................. .................................................... .............................. ............................................................................................................................................................... part .... Y.......................... of- the second part, WITNESSETH: That for and in consideration of the sum of ....... Ore, ... 0U.2T... Axid .„Qthex,,,e,pOd...... mail.7,i..],,1p,,., and ,..,S,iffi•Q.1.mti...................... considerations Dollars .......................................... to ....... hull ............. in hand paid, the receipt of which is hereby fully acknowledged, said part ...... Y................................ of the first part ha. 5.... given, granted, bargained and sold and does ....................... by'these presents, give, grant, bargain, sell and convey unto .... the! ................................. said.part ...y ......................... of the second part and .... her................ heirs and assigns, the following ..... 1.lJ.ts..................................... or parcel of land, Durham ............... Township, said Count lying and being in .......................... P� � in Y and State bounded and described as follows, to -wit: BEGINNING at a stake on the inside margin of an eight foot sidewalk on the west side of Woodland Drive (formerly known as Sally'Street), said stake being 321 feet south of the intersection of Kimrey and Sally Streets, and running thence north 850 551 West 163.93 feet to astake;—thence sout 40 301 west 100 feet to a stake, -.C. L. Morris corner; thence south 850 551 east 164.05 feet to a stake in the inside margin of the sidewalk on the -.west side of Woodland Drive (formerly known as Sally Street); thence north 40 261 east along and with the inside margin of the eight foot sidewalk on the -sidewalk on the west Side of Woodland Drive (formerly known as Sally Street) 100 feet to a stake, the place and point of 'beginning, and being Lots Nos. i and 2 of the C. L. Morris property according to.survey of E. H. .,Copley, dated January 1926, and recorded in the office of the Register of Deeds of Durham County in Plat Book 7, page 8 (formerly in Plat Book 81, page 170) to which reference is hereby made. This deed'is made subject to any easements that may have been created against said property. This conveyance is for the purpose of vesting all right, title and interest which the grantor may have in and to the above described property by virtue of a tenancy by the entirety heretofore created to said Second Party. F1'., 7cler6".M� pbolfi To Have and To Hold said .......1 Ot . or parcel of land, together with all privileges and appurtenances thereon and thereto belong- ing, unto .................................... said part ... y ..................... of the second part and ....... hex ...................................... heirs and assigns forever in fee simple. Andsaid ....... Par.ty... of. ... the ... First ... Part ......................................................................................................................................................................... for ....111M.Ulf............... and .............115.................... heirs covenant .................... to and with said part .y........ of the second part and hex ............ heirs and assigns that ...........he,,, i.s. seized of said premises in fee, and ha .S............ good right to convey the sarq} in fee simple; that the same are free and clear of all encumbrances, and that ...... he ............................. _............... will forever warrant and defend the said title to the same against the claims of all persons whomsoever. / In Testimony Whereof, The said part.Y...... of the first part ha..s................... set ..h?S .�.............. hand ..................... a ,......................... the day and year first above written. ..._............ ::..`..::...... .,. :v:..,. ` ...........................:...::: �SEAL� .......................'�.........../ ................................... . ......... rsEAL� ...................................................................................t::............... rSEAL1 ........................................................................................................ rSEALJ NORTH CAROLINA .................D7Il M.................................. COUNTY 183 This mad, so.& end eowta lam the the ...._. 9..fh_.._... ............. d y ae.................. ............ __............... ._.... _..... u..§R......... by sad heewu...............W...... Gary ...SRau.ltlinF..... .... ___........ .......... _._.._............................ ................... .... ................ ..... .__.......... ............ ............. ...... .............. 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In band pld, the —Ipt of which In hereby fully admowledged. std pen......Y....__....'............... of the Rust pen hes.... green, gnmed. harpieed and sold and does .......... _........ ... by thew p--,, III gta.L baps., sell .nd convey.................................. seld;pa....y........................ of the second Pan std ....her,..,.,,,.,.,.,,,, belts ..d adgm, the following .....lot ............................... ......... m parcel of Ism. Eying sod being I. ........ ....... ..... Dllrham .......__....... Toweahip. 1. sold Commy wed stem bounded end des ibed u allow. —I.: ........................................ BEGINNING at a stake on the inside margin of an eight foot sidewalk on the west side of Woodland Drive (formerly known as Sally Street), said stake being 321 feet south of the intersection of %imrey and Sally Streets, and running thence north 85° 551 West 163.93 feet to a stake; thence south 4s 301 vest 100 feet to a stake, C. L. Morris corner; thence south 85e 55t east 164,05 feet to a stake in the inside margin of the sidewalk on the west side of Woodland Drive (formerly known as Sally Street); thence north 4' 261 east along and with the inside margin of the eight foot sidewalk on the sidewalk on the west side of Woodland Drive (formerly known as Sally Street) 100 feet to a stake, the place and point of beginning, and being Lots Nos. 1 and 2 of the C. L. Morris property according to survey of E. H. Copley, dated January 1926, and recorded in the office of the Register of Deeds of Durham County in Plat Book 7, page 8 (formerly in Plat Book 81, page 170) to which reference is hereby made. This deed is made subject to any easements that may have been created against said property. This conveyance is for the purpose of vesting all right, title and interest which the grantor may have in and to the above described property by virtue of a tenants by -the entirety heretofore created to said Second Party. To cava and To ]told raid ...._1Dt, _............. or p d of I.M. together with all p i,fleges and apps— therms and theta. belong, mg, unto slid part .._T .................... of the second pan and .......her.............. ...... heats and -igm forever In f..!.P[.. And said Party.. of .the ..First. Part....___. _...... __.__ ......... _ _....._..... _._..__.. los himself ..d his _ I'd. covenant _._ _ __ m and with said Pal .y___.. of he second put sod her _ Irvin and esugn. It- .. he.. is..... _.._.._ ___. setnd of ssid pt,cmiscr in Ice, and ba .5 ........... goal sight to, convey the some in fee simple; hat tis same are tae and dear of all emumbmnra, ,nd that hire_. _._ _.... will fosevn w.rmnl dna defend the said tide to he rams ,,Pi- the clahm of all P<trom h --c. 1� In Testimony Wheemf. The uid pan.y- of It, fist part ha ?............- a rte day and year fin[ above written. �/ .. .... ...f( jSEALl JSXALl ......... . _........ ............... 15RALl _.. _ ......... .. (SEAL] NORIK&R-OLINA �.. .....Dias......County. ..... a Nmary Public of Durham ....................... cap►: ria Q. do hae►,Qttify sol .......... W...Cary...5 ulding..... .........,.. .......... _.......... .. ...... _........._.. pA.im!* y'Appesrge Qefdte me this day sad acknowledged the dm ette 0- of the fomgting deed. Let the same, with this «rsiftcste, be seg) IItsAi „i L I .' whot...:X bead and casuist sent ml. y .. 744b _ lay of _.. March0 �/ yy wS.G_.. My ev,p!1eMon expire.a,.r..is.,d 4....0 ........ ...... ........ ...r..... ..91d.MQ.._.fJ:.r. ........ auq ream NORTHCAROLINA . ..... ..................... _........................ ............................................. .... ........... .... .... Counly. 1, 1 . ... ... ... .............. .. ................ ...._........._ _ _. ....... Notary Pudic of Durham Ctunty. Nonh C.mli.a, mrtffy that .... _........ .............. ... _... .. _...,... ....... penomlly .ppsored before me this day and being duly swom waled that. In his psweeta... ...... ....... ........ ................ .... .. .... ._ signed the foregoing itwtrommt. WITNESS my IUM and anconal seal this . .......... ........... day of . ........ ..........._. ................._ .. 19.._......... My commission tapisa................... .................................... ... .................. ... .......................... ....... .......... ................. ....................... ................................. . ............... Nossry Pundit NORTH CAROLINA .. .. �-t/A„ A.,sfr' .; 1!' ... :.. Gst,sI, Th.a /A aG :..._2.. ,... ....,:ir.•lLk'. . ......... .............. a Notary Public of ...:.....//_ . .!... .. County. N. C. a �udgad to b< sea. I.et tis Id dad. with HI certificate, gt d 1 Wi,—my bnaIn...:? %. y ecu.................._. _. .......... _....... �..ya ,L_ 9apai. Cou.. }�dere r led or scgut t o my e N � .......... _ . dry of ..(.!j . ..... 194.,V_ a I.& �'". M nd gWered tl __.. ..:tL..9..-.... day of ................... ._.... 191�.Ly, is ;look ..cL G� _ [need f ptda County m Pigt . �,� ........: .mak-....� Regi.la of Deet d .... �. :•v .. Co..t,. 56 PG "50 0822- !6-34-2200 1tt r) sHED El4CROACHMENT N, AREA =33 S. f. z CID k4.) S 85'24'50" E 164.47"TOTAL' -7-7— 'iQ. 22 7a SJ SHED J A 9 i 10- cl Qj, pop TOP, 6'i. A DEFINEa, C)w -TO I _S 164. 06j AL) 8576,20" A'o LA S. :A- 29 43' 411 Q 65 PG 78* 8 25' PG M, (ZI 2 TH xer $10 TO ACRES N 11164. TA 0�' 29- _fj 41,37' </ LOTS Irl W 114sr _5 IVIZA; 'Yet f;4, y 275S,t 10,69, 10.3' 14� 04, 76S.82�(TOTAL) 29. 9 ZD ITOINCRE DRI VE Ics CROACHmENT oRiVEWAY EN AREA=67 R 5 EBX Buffer Mitigation Banks Statement of Availability June 1, 2016 NC Division of Water Resources Ms. Jennifer Burdette 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: 1415 and 1417 Woodland Drive, Durham, NC This document confirms that Cathy S. Hamblen (Applicant) for the 1415 and 1417 Woodland Drive (Project) has expressed an interest to utilize 5,591 Square Feet of Riparian Buffer Mitigation Credits from either of the EBX sponsored Banks: EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX- EM Forrest Creek Riparian Buffer Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. The specific bank site to be debited will be either be Arrington Bridge II, Buffalo Branch, Rudolph, Selma Mill, Cedar Grove, Ezell, Hatley and/or Forrest Creek, all located in HUC 03020201. As the official Bank Sponsor, EBX, 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 919-209-1052 or cconder(a�res.us if you have any questions or need additional information. Best Regards, Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 1417 Woodland 0822-16-84.,„240102,170 1422 Lo 0822 N -W Lo 102-$31 LO LO 0511 147.8 W22=16=84-41 Cu 1,63n.93 -153-84-1193 0822�1 6-84-1-193 102478 C) I W, I i32 LO .7 147.1 0 0822-16-84-0140 1415 0822-16-834400 14 LO C) Zt LO - 105846- L 146.45 ZI 1 &A Q 5 0822 -IF 0822�1 6-94-4004 10247/ 082246-84-11395 102.134 LO 7T 77 LO 11 4'A LO I'D584" (146) 164.12 -1 C24135 --I.10w'I 0822-16-83-1997 102476 e4,3 F,141, i0822 -16-S3 0 7- C,949 822 1 August 12, 2015 1:500 0 0.004 0.008 0.016 mi T238da7ea5f4d4a57b805594c937670b8 City of Durham Override 1 0 0.005 0.01 0.02 km 13 Neighboring Counties Sources: Esri, HERE, De Lore, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), Maprwlndia, G Railroads City -County Labels Openstreetk1ap contributor., andthe GIS User Community Information depictedhereon is for reference purposes only and iscompiedfrom the best available sources. The City of Durham/Durham County assumes no responsibility for errors arising from use or misuse of this map. r—__ 7 ..'/7 Prepared by William W. Browning Return To: STATE OF NORTH CAROLINA DURABLE POWER OF ATTORNEY COUNTY OF DURHAM KNOW ALL PERSONS BY THESE PRESENTS, that I, ELLA SMITH YORKS, a resident of Durham County, North Carolina, do hereby revoke all Powers of Attorney which I may have heretofore executed, and have made, constituted and appointed and by these presents do snake, constitute and appoint HOPE SPAULDING BEAMAN as my true and lawful Attorney -in -Fact, to act in, manage, operate and conduct all matters relating to my property and estate, of every kind and character and wherever located, and to have in all circumstances relating to said property and estate the same powers and authority that I now possess or with which I may subsequently be endowed; provided, that in the event said HOPE SPAULDING BEAMAN declines to accept said appointment, disqualifies or is in any way unable to perform the duties of Attorney -in -Fact, I make, constitute and appoint CATHY S. HAMBLEN to be my true and lawful Attorney -in -Fact; provided, that in the event said CATHY S. HAMBLEN declines to accept said appointment, disqualifies or is in any way unable to perform the duties of Attorney -in -Fact, I make, constitute and appoint LETIA S. DEAN to be my true and lawful Attorney -in -Fact. For the purpose of determining whether a person is incapacitated or not, any person or entity acting as attorney-in-fact and/or named herein as a successor attorney-in-fact shall be entitled to rely on information obtained from a person who is a "personal representative" under the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the privacy rules and regulations set -out thereunder. Without intending to qualify or restrict the complete and general powers hereinbefore given to my said Attorney -in -Fact, I direct that he shall have full authority to: a. Real Property Transactions. - To lease, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as said attorney-in-fact shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens, mortgage, subject to deeds of trust, and in any way or manner deal with all or any part of any interest in real property whatsoever, that the principal owns at the time of execution or may thereafter acquire, for under such terms and conditions, and under such covenants, as said attorney-in-fact shall deem proper. b. Personal Property Transactions. - To lease, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as said attorney-in-fact shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens and mortgages, and hypothecate, and in any way or manner deal with all or any part of any personal property whatsoever, tangible or intangible, or any interest therein, that the principal owns at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as said attorney-in-fact shall deem proper. c. Bond, Share, Stock, Securities and Commodity Transactions. - To request, ask, demand, sue for, recover, collect, receive, and hold and possess any bond, share, instrument of similar character, commodity interest or any instrument with respect thereto together with the interest, dividends, proceeds, or other distributions connected therewith, as now are, or shall hereafter become, owned by, or due, owing payable, or belonging to, theprincipal at the time of execution or in which the principal may thereafter acquire interest, to have, use, and take all lawful means and equitable and legal remedies, procedures, and writs in the name of the principal for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to make, execute, and deliver for the principal, all endorsements, acquittances, releases, receipts, or other sufficient discharges for the same. d. Banking Transaction. - To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of, banks, savings and loan or other institutions or associations for the principal. e. Safe Deposits. - To have free access at any time or times to any safe deposit box or vault to which the principal might have access as lessee or owner. f. Business Operating Transactions. - To conduct, engage in, and transact any and all lawful business of whatever nature or kind for the principal. g. Insurance Transactions. - To exercise or perform any act, power, duty, right or obligation whatsoever in regard to any contract of life, accident, health, disability or liability insurance or any combination of such insurance procured by or on behalf of the principal prior to execution; and to procure new, different or additional contracts of insurance for the principal and to designate the beneficiary of any such contract of insurance, provided, however, that the agent himself cannot be such beneficiary unless the agent is spouse, child, grandchild, parent, brother or sister of the principal. h. Estate Transactions. - To request, ask, demand, sue for, recover, collect, receive, and hold and possess all devises, as are, owned by, or due, owing, payable, or belonging to, the principal at the time of execution or in which the principal may thereafter acquire interest, to have, use, and take all lawful means and equitable and legal remedies, procedures, and writs in the'name of the principal for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to make, execute, and deliver for the principal, all endorsements, acquittances, releases, receipts, or other sufficient discharges for the same. i. Personal Relationships and Affairs. - To do all acts necessary for maintaining the customary standard of living of the principal, the spouse and children, and other dependents of the principal; to provide medical, dental and surgical care, hospitalization and custodial care for the principal, the spouse, and children, and other dependents of the principal; to continue whatever provision has been made by the principal, for the principal, the spouse, and children, and other dependents of the principal, with respect to automobiles, or other means of transportation; to continue whatever charge accounts have been operated by the principal, for the convenience of the principal, the spouse, and children, and other dependents of the principal, to open such new accounts as the attorney-in-fact shall think to be desirable for the accomplishment of any of the purposes enumerated in this section, and to pay the items charged on such accounts by any person authorized or permitted by the principal or the attorney-in-fact to make such charges; to continue the discharge of any services or duties assumed by the principal, to any parent, relative or friend of the principal; to continue payments incidental to the membership or affiliation of the principal in any church, club, society, order or other organization, or to continue contributions thereto. In the event the attorney-in-fact named pursuant to G.S. 32A-1 makes a decision regarding the health care of the principal that is contradictory to a decision made by a health care agent appointed pursuant to Article 3 of this Chapter, the decision of the health care agent shall overrule the decision of the attorney-in-fact. j. Social Security and Unemployment. - To prepare, execute and file all social security, unemployment insurance and information returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government. k. Benefits from Military Service. - To execute vouchers in the name of the principal for any and all allowances and reimbursements payable by the United States, or subdivision thereof, to the principal, arising from or based upon military service and to receive, to endorse and to collect the proceeds of any check payable to the order of the principal drawn on the treasurer or other fiscal officer or depository of the United States or subdivision thereof; to take possession and to order the removal and shipment, of any property of the principal from any post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, to execute and to deliver any release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument which the agent shall think to be desirable or necessary for such purpose; to prepare, to file and to prosecute the claim of the principal to any benefit or assistance, financial or otherwise, to which the principal is, or claims to be, entitled, under the provisions of any statute or regulation existing at the creation of the agency or thereafter enacted by the United States or by any state or by any subdivision thereof, or by any foreign government, which benefit or assistance arises from or is based upon military service performed prior to or after execution. 1. Tax matters. - To prepare, execute, verify and file in the name of the principal and on behalf of the principal any and all types of tax returns, amended returns, declaration of estimated tax, report, protest, application for correction of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the Tax Court of the United States, in connection with any tax imposed or proposed to be imposed by any government, or claimed, levied or assessed by any government, and to pay any such tax and to obtain any extension of time for any of the foregoing; to execute waivers or consents agreeing to a later determination and assessment of taxes than is provided by any statute of limitations; to execute waivers of restriction on the assessment and collection of deficiency in any tax; to execute closing agreements and all other documents, instruments and papers relating to any tax liability of any sort; to institute and carry on through counsel any proceeding in connection with detennining or contesting any such tax or to recover any tax paid or to resist any claim for additional tax on any proposed assessment or levy thereof; and to enter into any agreements or stipulations for compromise or other adjustments or disposition of any tax. m. Employment of Agents. - To employ agents such as legal counsel, accountants or other professional representation as may be appropriate and to grant such agents such powers of attorney or other appropriate authorization as may be required in connection with such representation or by the Internal Revenue Service or other governmental authority. n. Gifts to Charities, and to Individuals Other Than the Attorney -In -Fact. - a. Except as provided in G.S. 32A -2(14)b., to make gifts of any of the principal's property to any individual other than the attorney-in-fact or to any organization described in sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both, in accordance with the principal's personal history of snaking or joining in the making of lifetime gifts. As used in this subdivision "Internal Revenue Code" means the "Code" as defined in G.S. 105-228.90. b. Except as provided in G.S. 32A -2(14)c., or unless gifts are expressly authorized by the power of attorney under G.S. 32A-2(15), a power described in G.S. 32A -2(14)a. may not be exercised by the attorney-in-fact in favor of the attorney-in-fact or the estate, creditors, or creditors of the estate of the attorney-in-fact. c. If the power described in G.S. 32A -2(14)a. is conferred upon two or more attorneys -in - fact, it may be exercised by the attorney-in-fact or attorneys -in -fact who are not disqualified by G.S. 32A -2(14)b. from exercising the power of appointment as if they were the only attorney-in-fact or attorneys -in -fact. d. An attorney4n-fact expressly authorized by this section to make gifts of the principal's property may elect to request the clerk of the superior court to issue an order to make a gift of the property of the principal. o. Gifts to the Named Attorney -In -Fact. - To make gifts to the attorney-in-fact named in the power of attorney or the estate, creditors, or creditors of the estate of the attorney-in-fact, in accordance with the principal's personal history of snaking or joining in the making of lifetime gills. p. Renunciation of an interest in or power over property to benefit persons other than the attorney-in-fact. - To renounce, in accordance with Chapter 31B of the General Statutes, an interest in or power over property, including a power of appointment, to benefit persons other than the attorney-in-fact or the estate, creditors, or the creditors of the estate of the attorney-in- fact, or an individual to whom the attorney-in-fact owes a legal obligation of support. q. Renunciation of an interest in or power over property to benefit persons including the attorney- in-fact. - To renounce, in accordance with Chapter 3 1 B of the General Statutes, an interest in or power over property, including a power of appointment, to benefit persons including the attorney-in-fact, or the estate, creditors, or the creditors of the estate of the attorney-in-fact, or an individual to whom the attorney-in-fact owes a legal obligation of support. This instrument is executed under and pursuant to Chapter 32A of the North Carolina General Statutes and shall remain in full force and effect until my death, notwithstanding any physical incapacity or mental incompetence with which I may be afflicted in the future, unless revoked by me in writing while I am still mentally capable. Any such revocation shall be registered as provided in said Chapter 32A of the General Statutes. My Attorney -in -Fact shall keep full and accurate records of all his transactions as my agent and of all my property which may come into, be in, or have been in her possession, but I expressly waive any requirement and do not require my Attorney -in -Fact to file this Power of Attorney or inventories and accounts with the Clerk of the Superior Court as otherwise provided in Chapter 32A of the North Carolina General Statutes. It is my intention that my Attorney -in - Fact shall assemble in writing a full accounting of any and all transactions conducted by hien on my behalf and list therein all of my property then in his possession, but that such accountings and inventories shall be rendered to me if I ain still mentally capable. My Attorney -in -Fact shall retain all such accountings. and inventories as provided herein for my inspection or the inspection of my hens in the event of my death while this Power of Attorney is in force. The provisions of Chapter 32A of the North Carolina General Statutes relating to the registration of this Power of Attorney shall be strictly complied with. IN WITNESS WHEREOF, I, the said Gioia Palmieri, have hereunto set my hand and adopted seal this the 5`' day of November, 2014. (SEAL) Ella Smith York§- STATE OF NORTH CAROLINA COUNTY OF DURHAM I, a Notary Public, certify that Ella Smith Yorks, the principal, personally appeared before me this date and acknowledged the execution of the foregoing Power of Attorney for the purposes therein set forth. Witness my hand and notarial seal, this the 5th day of November, 2014. My commission expires: Notary Public PAUTAKTURNF-K NDu amCou* Cees MY s rttAF •, ✓A G ifs` s�'L'r��4" ' __7_r7r' `"• w I -small tree or large skru6: `53lix sericea—,5-IL willow 3 - Perennial ground cover: Jris cristata- Crested iris 2 -- Perennial: ro ystic�um acrostichoiodes - Ckristmas fern 5 - Ornamental Grass: ymus virginicus --- `/irginia wild r c e 4- Wet Perennial: Osmunaa cinnamonea -- Cinnamon fern 6- 5kru6: Euonymus americanus--- Hearts-a-6ustin' Eq LA y. Recommended for central North Carolina Charlotte Glen, Urban Horticulture Agent, North Carolina Cooperative Extension — New Hanover County Center Soil conditions in rain gardens alternate between wet and dry, making them tough places for many.plants to grow. The following plants are adapted to these conditions, though some plants will tolerate more moisture than others. Each plant is marked according to its flooding tolerance, with 3's being tolerant of longer flooding, 2's only tolerating brief flooding, and 1's indicate plants that tolerant extended drought once established. All of these plants are native to the southeastern United States in wetland habitats and most are readily available at local nurseries. Wetland plants can generally grow well in moist or well -drained soils, whereas plants adapted to dry soils rarely survive in soggy conditions. How wet a rain garden stays will vary considerably depending on the site where it installed. Rain gardens created on sandy soils will rarely hold water for more than a few hours. On these sites it is most important to choose plants for their drought tolerance. Rain gardens created on loamy or silty soils could pond water for 1-2 days (if your site ponds water for more than 3 days, you should consider creating a wetland). On these sites, choosing plants tolerant of extended flooding is critical to success. Remember you are not limited to planting just within the excavated area! Extending plantings around this area will help the rain garden to blend in with the overall landscape. Any plants adapted to the site conditions can be used outside of the excavated area. Large Trees (over 30' tall) Deciduous Red Maple (2) — Acer rubrum River Birch (1,3) —Betula nigra Green Ash (3) — Fraxinux pennsylvanica Black Gum (2) — Nyssa sylvatica Willow Oak (1,2) —Quercus phellos Willows (3) — Salix species Nutall Oak (1,2) — Quercus nuttalii Evergreen Southern Magnolia (1,2) — Magnolia grandiora Swamp Laurel Oak (3) — Quercus laurifolia Small Trees (under 30' tall) Deciduous Red Buckeye (2) — Aesculus pavia lronwood,(1,3) — Carpinus caroliniana Redbud (1,2) — Cercis canadensis Fringe Tree (2) - Chionanthus virginicus Washington Hawthorn (3) — Crataegus phaenopyrum Possumhaw (1,3) - Ilex decidua Evergreen American Holly (1,2) —Ilex opaca Red Cedar (1,2) — Juniperus virginiana Shrubs Deciduous Chokeberry (1,3)—Aronia arbutifolia .Beautyberry (2) — Callicarpa americana Sweet Shrub (2) — Calycanthus floridus Buttonbush (3) — Cephalanthus occidentalis Pepperbush (2) — Clethra alnifolia Strawberry Bush (2) — Euonymous americanus Winterberry (3) —Ilex verticillate Virginia Willow (3) — Itea virginica Spicebush (2) — Lindera benzion Possumhaw (3) — Viburnum nudum Evergreen Inkberry (2) —Ilex glabra Wax Myrtle (1,2) — Myrica cerifera Perennials Blue Star (3)—Amsonia tabernaemontana Lady Fern (2)—Athyrium felix femina Butterflyweed (1) —Asclepias tuberosa Swamp Milkweed (3) —Asclepias incarnata Climbing Aster (3) —Aster carolinianus False Indigo (1,�) — Baptisia species Boltonia (3) — Boltonia asteriodes Turtlehead (3) — Chelone'glabra Green and Gold (2) — Chrysogonum virginianum Mouse Ear Coreopsis (2) — Coreopsis auriculata Tickseed (1,2) — Coreopsis lanceolata Swamp Coreopsis (2) — Coreopsis rosea Joe Pye.Weed (3)—Eupatorium dubium Swamp Sunflower (3) — Helianthus august folius Swamp Mallow (3) - Hibiscus moscheutos Texas Star (3) — Hibiscus coccineus Blue Flag Iris (3) —Iris virginica Cardinal Flower (3) — Lobelia cardinalis Cinnamon Fern (3) — Osmunda cinnamomea Royal Fern (3) — Osmunda regalis Garden Phlox (2) — Phlox paniculata Moss Pinks (1,2) — Phlox subulata Rudbeckia (1,2) — Rudbeckia fulgida Green Headed Coneflower (3) — Rudbeckia laciniata Goldenrod (3) — Solidago rugosa Ironweed (3) — Vernonia novaboracensis Ornamental Grasses River Oats (1,3) — Chasmanthium latifolium Muhly Grass (1,2) — Muhlenbergia capillaris Panic Grass (1,3) — Panicum virgatum Indiangrass (1,2) — Sorghastrum nutans Sedges and Rushes Lurid Sedge (3) — Carex lurida Fringed Sedge (3) — Carex crinita White -topped Sedge (3) — Rhynchospora latifolia Woolgrass (3) - Scirpus cyperinus Non-native perennials and ornamental grasses suitable for rain gardens include: Liriope (1,2) (Liriope muscarii and L. spicata), Siberian Iris (2) (Iris sibirica), Daylily (1,2) (Hemerocallis hybrids), Rain Lilies (3) (Zephyranthes species), Crinum Lilies (3) (Crinum species), Japanese Painted Fern (2) (Athyrium nipponicum) and Maiden Grass (1,2) (Miscanthus cultivars). 2 3 Plants that, once established*, can withstand considerable drought ( 3-4 weeks without rainfall) Plants that grow best in moist to average soils and will only tolerate short periods (1-2 days) of flooding. Plants that will tolerate longer periods of flooding (3-5 days), but will also grow in moist to average soils. *Establishment usually STATE UNIVERSITY takes 1-2 years for trees and A&T STATE UNIVERSTI'Y shrubs and 1 year for COOPERATIVE perennials. EXTENSION Hdping People Pat Knowledge to Work For more detailed information and images of each plant, visit the Plant Fact Sheets available on NCSU's Urban Horticulture website: www.ncstate-plants.net 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 o 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, 0%111111111 %11111 11110/, io �z O NOTARY PUBLIC oft% si C) U�'�� 0 f, 4, r) NO '11111'�Iiit�>>� SEAL My commission expires _I Z rZ 2.-0 iLe