20061349 Ver 1_401 Application_20060806

DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone]
17 August 2006
Mr. Todd Tugwell
Regulatory Project Manager
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Dear Mr. Tugwell:
1"'~`='~~ ~ D
s~~
AU G 2 1 2006
pENR -WATER QUALITY
~IETLAN'~S A~VD STCT?~AWA~~ BRANCH
20061348
Enclosed is a permit application for the proposed Galway Glenn townhome residential
development in Durham, Durham County, North Carolina. The proposed project is located adjacent to
Morreene Road north of Whitfield Road in Durham (see figure in application). You made a site visit
on 9 December 2003 to look at the streams and issued Jurisdictional Determinations for several of the
properties on 4 August 2005 (Action IDs: 200420061 and 200520444). Several other parcels have
been added to the project for a total of 13.32 acres (no jurisdictional areas are located on the new
parcels).
The proposed project requires culverting the rip-rap stream (ditch) on the site in order to
connect the development via one common road. The culvert will impact 2001inear feet of rip-rap ditch
or 0.014 acres of stream. We are not proposing mitigation for the impacts since the rip-rap ditch was
constructed by NCDOT during the relocation of Morreene Road for the construction of the Durham
Freeway. The rip-rap stream (ditch) is located where there was historically a stream and pond but it
has been entirely manipulated (see photos in application) and during your site visit on 9 December
2003 you indicated that the stream would be considered "unimportant".
A bottomless culvert will be used for a second stream crossing in order to minimize impacts for
the proposed project.
Please review the attached permit application and let us know if you need additional
information or need to make a site visit in order to issue a permit. Thank you for your time.
Si~erely,
~~_„ccdl..---
Trac sh
Y
Senior Biologist
CC: Ms. Cyndi Karoly - NC Division of Water Quality
Mr. Mark Hamlett -Coulter Jewell Thames, PA
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting

ew,u 7! `C
Office Use Only: Form Version March OS
20061348
USACE Action ID No. DWQ No.
~ti any pamcutar item is not appttcanle 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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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), c ~ erg ~ ~~~17
tL~
II. Applicant Information ~ L006
AUI~ ~
1. Owner/Applicant Information ct:~;~ ,;~~,,~-,~~u°,i~a~i~Y
Name: Williams Construction Company ,,~, ~ an~t~s P~~ ST0'~w'"' ~ B~Cre
Mailing Address: c/o Mark Hamlett -Coulter Jewell Thames, PA
111 West Main Street
Durham, NC 27701
Telephone Number: (919 682-0368 Fax Number:__ .[phone]
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: Tracy Rush
Company Affiliation: Dr. J.H. Carter III & Associates Inc
Mailing Address: S 15F Midland Road
Southern Pines, NC 28387
Telephone Number: 910-695-1043 Fax Number: 910-695-3317
E-mail Address: trush(a~jhcarterinc.com
Updated l l/l/2005
Page5of12

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: Galwav Glenn
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0812-01-17-6274; 0812-01-17-6375; 0812-01-
16-5550; 0812-01-16-5653 (part); 0812-01-16-5742 (Hart); 0812-01-17-9103. 0812-01-17-
6175; 0812-01-06-9428 (part)
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Proposed "Galwav Glenn"
Directions to site (include road numbers/names, landmarks, etc.): The site is located
immediately west of Morreene Road (SR 13171 at its intersection with Neal Road north of
Whitfield Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.0213347 °N 78.9597849 °W
6. Property size (acres): 13.32 acres
7. Name of nearest receiving body of water: UT to Mud Creek
8. River Basin:_ Cape Fear River Basin
(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 site is currently undeveloped and consists of open field
and forested areas. General land use includes residential, small commercial and freeway.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project involves the construction of 110 townhome residential units associated
parking and driveways. E uipment to be used includes dump trucks, bulldozers backhoes
graders and other construction eauipment.
11. Explain the purpose of the proposed work:__ The purpose of the work is to construct 110
townhome residential units, associated parking and driveways.
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. Site visit with ACOE (Todd Tugwelll and NCDWQ (Steve Mitchell) on
9 December 2003. Notification of Jurisdictional Determination issued 8-4-OS for property
owned by Kathryn Meyers (Action ID: 200520444). Notification of Jurisdictional Determination
issued 8-4-OS for property owned by Glenn Bunting.(Action ID:200420061).
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.
None
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. Provide a written description of the proposed impacts: The proposed project will re wire
culverting 200 linear feet of rip-rap stream ditch) The rip-rap ditch was constructed bX
NCDOT during relocation of Morreene Road for the construction of the Durham Freeway
and is not a "natural" stream (see attached photos) The stream/ditch is culverted upstream
Updated l l/1/2005
Page 7 of 12

and downstream of the proposed project. Another stream will be crossed by a bottomless
culvert and will not impact any stream length.
2. Individually list wetland impacts. Types of 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.

Wetland Impact
Site Number
(indicate on map)

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year

Floodplain
es/no Distance to
Nearest

Stream
(linear feet Area of
Impact

(acres)
None

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: None
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width. then divide by 43.560_
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Rip-rap Ditch UT to Mud Creek Culvert Intermittent 3 feet 200 0.014 ac

Total Stream Impact (by length and acreage) 200 0.014 ac
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads. etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody
,pond, estu y,
(lake ary, sound ba
ocean, etc. Area of
p
Im act
acres)
None

Total Open Water Impact (acres) 0
Updated I l/1/2005
Page 8 of 12

6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream lm act (acres): 0.014
Wetland Impact (acres): 0
O en Water Im act (acres): 0
Total Impact to Waters of the U.S. (acres) 0.014
Total Stream Impact (linear feet): 200
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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. A bottomless culvert was
used to minimize stream impacts. Culvertina the rin-ran ditch is necessarv to connect the
development via one common road.
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.
Updated l 1 / 1 /2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 may be 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 USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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/ncwetlands/strmgide.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
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.
No mitigation is proposed for project impacts The rip-rap ditch/stream was constructed
by NCDOT during relocation of Morreeene Road for the construction of the Durham
Freeway. It is not a "natural" system and is considered an "unimportant" stream (no aquatic
life) by the ACOE (see attached photos).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount ofNon-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
Updated 11/1/2005
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. 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 ^
3. 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
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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.
* Impact I Required
Zone r~,,..~.o ~ o*~ Multiplier ,~,~;~;~~~;~~
1 I 13 (2 for Catawba) I N/A
2 1.S N/A
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated I 1 / l /2005
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious acreage = 0 08 acres or
0.6%. The proposed impervious acreage = 5 82 acres = 43 6% Stormwater will be controlled
by a combination of 2 stormwater dry detention ponds Thev will reduce the post-development
peak discharge from the site for 2-year 10-year and 25-year storms to levels less than pre
development conditions.
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.
The townhome development will be connected to the City of Durham's sewer system The
wastewater will be treated at the South Durham Water Reclamation Facility
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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed proiect involves townhome residential units and will not result in additional
development. The proiect site will be completely built out
XV. 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).
is l
~'~~'~
Ap~licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1 l /1 /2005
Page 12 of 12

08/17/2006 11: a7 FA% 9196885646 Coulter Jewell Thames ~ 002
15 Aub st 2006
To Whom It May Concern:
Dr.. J.H. Carter iII & Associates,lnc. is authorized to prepare and subunit the necessary
permits For the proposed Galway Glenn Development off Morreene Road iu Durham,
Durham County, North Carolina. Additionally, this lEtter grants permission to federal
and state regulatory authorities to visit the project site in order to evaluate project
impacts.
Sincerely, ~V~~
/~ D
W

Name: NORTHWEST DURHAM Location: 036.0205667° N 078.9595078° W
Date: 8/15/2006 Caption: Location of proposed Galway Glenn Development on Morreene
Scale: 1 inch equals 2000 feet Road, Durham, Durham County, NC.
Copyright (C) 1998, Maptech, Inc.

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Page 1 of 2
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construction of the Durham Freeway.

Culvert from Morreene Road
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