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HomeMy WebLinkAbout20031127 Ver 2_401 Application_20080403DR. J.H. CARTER III & ASSOCIATES, INC. 2 / Environmental Consultants OJ -~1~7V~ P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 j camain@pinehurst.net M 2 Apri12008 Ms. Cyndi Karoly N.C. Division of Water Quality P~tY~,~~.~°T 401 Wetlands Unit .- P~ ~~?~ 1650 Mail Service Center ~"~~~~'' `~~`" Raleigh, NC 27699-1650 Dear Ms. Karoly: Mr. D. Glenn Dickson would like to renew his 401 Water Quality Certification (copy attached) for the Ninth Street Durham Phase II Redevelopment Project in downtown Durham (DWQ# 03-1127 and Action ID. 200321279). The proposed activity involves culverting 40 feet of intermittent stream in order to provide access to a proposed parking area. This project is part of the ongoing urban redevelopment of Durham; this phase of the project has not yet been constructed, the commencement of this phase has taken longer than anticipated. Please find 5 copies of the application and a check for the filing fees. Please let us know if you have any questions or need additional information concerning the renewal of this certification. Sincerely'` I ~ '~ '. William I~ulhn Wetland Biolog~st Dr. J.H. Carter III & Associates, Inc. Attachment D ~~~~~~ D APR 3 2008 ADS AND STTER quAUl'r WATER BRANCH Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting 03 -1~~7 ~~ Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 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), check here: ^ II. Applicant Information e 1---=4`~~ '~'`~ ~4 . . l~PR 3 200 1. Owner/Applicant Information Name: D. Glenn Dickson, Ninth Street North BF.Nk~~~~~t''t;', Mailing Address: P.O. Box 3160 w>rruwosa+~ Durham, NC 27715-3160 Telephone Number: 919 291-1620 Fax Number: 919 288-5335 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: William Mullin Company Affiliation: Dr. J.H. Carter III & Associates, Inc. Mailing Address: P.O. Box 891 Southern Pines NC 28388 Telephone Number: 910 695-1043 Fax Number: 910 695-3317 E-mail Address: wmullin(c~jhcarterinc.com Updated 11/1/2005 Page 5 of 13 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: Ninth Street North Phase 2 Redevelopment Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0822-14-33-3055 4. Location County: Durham Nearest Town: City of Durham Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Site is located between Ninth Street and Iredell Street, south of Green Street in Durham. 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): 36.0114421 °N 78.9214342 °W 6. Property size (acres): 0.96 7. Name of nearest receiving body of water: tributary to Ellerbe Creek 8. River Basin: Neuse 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: Site is currently urban residential. Areas surrounding the site are a mixture of urban and commercial with Duke University East Campus located one block to the southeast. Updated 11/1/2005 Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: A 100 mace surface parking facility is planned as part of a redevelopment project in downtown Durham. There is a stream on site that is culverted with the exception of a 40 foot section. The 40 foot section currently has concrete sides and the streambed consists of pieces of asphalt, concrete and other debris. It is necessary to culvert this 40 foot section in order to provide access to the back side of the proposed parking area via a paved alleyway Equipment used to install the culvert could include a backhoe and/or bulldozer to lower the new section of culvert into place and to fill on top of the culvert. 11. Explain the purpose of the proposed work: It is necessary to culvert the remaining 40 foot section in order to provide access to the back side of the proposed parking area via a paved alleyway. 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. This project was on ig nall~permitted on November 20, 2003 the action ID number was 200321279. The project was not completed by November 20, 2005 expiration date, so a permit extension was applied for and reauthorized on September 22, 2005, the rp oject was not completed at the time of this renewal application. 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. 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. Updated 11/1/2005 Page 7 of 13 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: Connect existing culverts on an intermittent stream along Green Street in order to provide access to proposed project site. 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, se arately 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) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 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) I UT to Ellerbe Creek Culvert Intermittent 3 feet 40 0.003 Total Stream Impact (by length and acreage) 40 0.003 Updated 11/1/2005 Page 8 of 13 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_ dred~ins?_ floodin>?. draina>?e. bulkheads. etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) yp p T e of Im act Type of Waterbody ( p ry, sound, bay, lake and estua ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.003 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 40 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. N/A 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. Updated 11/1/2005 Page 9 of 13 Culverting this section of stream is the most logical and feasible option for the proposed project. Allowing safe entry and exit to the parking area from 2 points on Green and Iredell Streets instead of placing 2 access points on 1 side of Iredell Street. Other options include brid ing the area and or leaving the stream as is and redesigning the parking area. Neither of these options was deemed feasible or safe for the proposed use of the site. Having more than one access point on the same street created a crowding issue for traffic and could have resulted inin congestion which could create a hazardous traffic situation. The stream in question is already partially culverted and currently has concrete sides and a severely disturbed substrate. 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. 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 (see DWQ website for most current version.). 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 posed The previous permits for the project did not require any mitigation. Updated 11/1/2005 Page 10 of 13 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 (919) 715-0476 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://www.nceep.net/pages/inlieureplace.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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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 Updated 11/1/2005 Page 11 of 13 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 Required Zone , ~„ _ r ,~ Multiplier ,~,~;,;, ~,;~~ 1 ( 3 (2 for Catawba) 2 1.5 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. 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. Currently the site is 64% impervious. The proposed proiect will consist of approximately 79% impervious area with the remaining 21% as managed open space. The proposed site meets City of Durham requirements for Stormwater quantity controls because the increase in run-off is less than 15% and the site will utilize BMP's and buy-down to meet nitrogen loading requirements. 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. No sewage disposal required -parking, lot. 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 Updated 11/1/2005 Page 12 of 13 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: 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). Updated 11/1/2005 Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) _ ._• Gre~n Stet. l ~ 1 N 1 I `~ ~+ ~ ~1 ~' ~? Proprrsed Project Site f ~~ ~~~~ ,~ i ~~~~~ (rr,~int; seat) ~: ~- r, C _ ~" o• --.. r ~ l l~ USGS Soil Survey Map for the proposed Ninth Street North Phase 2 Redevelopment project, Durham, Durham County, North Carolina. NORTH CLUB §~ ^r~ ~ YV~S~~CONi. ~" ~ * ~ ~' ~ -~ ~ ~LV,p R~ereel~a~ Ctn. ~ ; ,, ,; . ~ 5 ~ `_ ~ . ~ ~jL'a(i~xri Jch ' m ~ ' c ~: a~ ~ ~ 1;<! a . ~-.;,~ `' ' ~F't~we ~'n:Praipo$ed Projec~Site ~ ~' 'c,utt~w``id_~~yye ~ Y ~ j4; J .T r,~~ ~, ~ ~.~ ~ ht,'KR' ' _ .y _ : ~ rj ~. • 1 inch = ~5(TO feet aw °.,. ~ 'Sy ~ Vicinity map for the proposed Ninth Street North Phase 2 Redevelopment Project, Durham, Durham County, North Carolina.. --_ __ _ -- L~ ~ ,~+m m ~ ~ ~$~~ a o nwq ~i i NOUn n.-3v /YM110/11HOYY 1~Y0/CMY7•YNINMY~/'YNIN1>1NIYN/ Q ~~ ~ ~ ~ ~~ ~ ~~ ~ ~~~ ~ ~ ~s ~ ~~~ ~ ~~ ~~ ~ ~. ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ ~~~ '~- ~ ~ ~ ~ ~ ~I ~ ~ ~ ~~ ~~~ ~ ~ 4 ..:~ ti ..: ti4 ..:~ Iii: i i ' ~' r, I ~ .. 1 , s ! k ~t ~ i I t,.a ti, ~ z Q ~~ I ~~~ i o ~ I, ~~w~ ~3~ ~~ a~ ~~ ~ Z E°Y~ I~ ~ ~ ~ ~ ~ ~, a. ~4~4 Z~ ~4 4~ ~` ~ a~8c its ~ ~ __ _._ .. _. _,..__ . _.... ___...._ __ .._.. _.. ____ _.__ ___ ._ .__._. _-_-_. _...__ ___ _.__ _________ ~ _.__ __.___ -.i-_x-J--_~ .._..__J w ~ q ~~ ~ ~ w ~ 3 ~~ ~ ~ k ~~ ~~ o c~ ~~~ __ _ _, n ~ ~~ /~ :1S 77~03~11 --_ - --- --- ~./ l~ : ,~ w '' ^ ~ ~ f~ t ~ t a~ ~ a ~>.: `l ~. ~- ~ ~~ ~ 0 I~ o J ~ ~~ _ ~ ~ . ~.t ~ ."~ ~.~_ ~ ~~ _~ $ r .~, (ct~ a-vo a~sodor~d . ••~! ; rrarrrr rr.irT.-r. ~,Y :-.?',.r~~ i ~ ~ ~ 2 ~ ~ ~ ~ ~ ~ C~ ~ cV ~ ~ i ~ w ~, i Z4~, i . .. ~ ~ p~N ~( ~ i ~,.~ k.Z ~~~ ~ t r wy~r rr rr rrrrrrra rr r ~~.. r a rrrarr nIM7Y19/k[8 huacntaenenrdxr 1~3?1L S H1 Nll+ f ,~ , v "~ W a G) `~ ~3 J ~ i 1 Q d 8 ^~ 1 I I ~' 33` WIDTHB-B 60' PURL/C H/W ~r~sr~®^~r~~ra~ww~ 1 ~~ i I 1 1 HEADWALLS OF EX~`STING CULVERTS ~~. ~~~ ~~ ~'~~~ ~~~~~ __ _ ~. +~ I _-- J -r-- ' ' i - ,_ ---.. __ _ u _.._ ~\ PROPOSED CULVERT TO BE LOCATED BETWEEN EXISTING HEADWALLS - ~.~. .~ .t ~ ~~ ~. ! PROPOSED CURB ANDS .GUTTER. PROPOSED ASP.NAL T P.ARKNG AREA. i ,~ ~ ~ ~, __ __ r N f inch = 3G fee{ ,NORTH ice.: ~ m~ ~ m ~..U 0 0~ W ~Q ~ ~~ ~~~I~ ~~ `~'-~. r ~, l` /. ,r `/ I~t: ;, -, r i /, ~ f J~ ..j?' ~~^f ~, ~` t/t ; ~ Green Street f '~ ~ i ;' z ;~ s ~„-~ ~r 1 ~~' ! ~ ~ J ,~~--~ ____1 -.-- ~i ~` _,:,_` 1~`- \~ ' ~.~ ~. ~~.,`,-, ~.,.,r r 'j .: ~~~; seat; ~ _,~; . ~. ,„ -- t ,~ ~< ?~,,~ -~ .. ~~(.f f...-_ - ,`; ~~ i t1SGS Soil Survey Map for the proposed Ninth Street North Phase 2 Redevelopment project, Durham, Durham County, North Carolina. --- --_ __ __ .. _ ,. _ - '., I GREEN S TRE~E~ r _ _ - - HEADWALLS OF EXISTING CULVERTS ~~~ ~-- ' ~ ~ ~ ~. 33' W/DTH B B ~ NORTH 60'PUBL/C R/W - ; i ' ~ ~~,' ;I` .. ;i ;Q -~ _ ~~~ ~. !.`. - __ ;~ i:, -- -. _ _ ~ - ~ --_._.... "V - ~ ~^ G / t, ~ ~~~~~ , , - - - ' ~ P OPOSED CULVERT TO BE LOCATED BETWEEN ~'~ ~ ~ ~ r r a. ~ ~~ ~ ; EXISTING HEADWALLS ! ~ r -~ --- -~-____ ;_ ~ ~ PROPOSED CURB AND -----_ - -- ------ -- _GU ER ~ _~~_-- - -- ----- ~-. -- ~ i ~ ~ _~_-_ ~ ~ ; PROPOSED ASPHALT ! ~ ~ ~ s PARKNG AREA 1 ~ ____ _ _ 1 ~ ~ J - ----- ------- m - __ J m ~__ ~ + __ _ _ - ---- ~ r - --- )~ _ _ - -- ------- ~ ~ i -- -- _ _~ --- - _ _._ -- ~ _ f _ ~ ,__ - _ ~ _ _ _ ~ ~-~. ~ N. 1 ~~I ~ 1 inch = 30 feet U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200321279 County: Durh GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Ninth Street North Attn: D. Glenn Dickson Address Post Office Box 3160 Durham, NC 27715 Telephone Number 919-219-1620 Authorized Agent J.H. Carter II & Associates, Inc. Attn: Tracy Rush Address Post Office Box 891 Southern Pines, NC 28388 Telephone Number 910-695-1043 Size and Location of Property (waterbody, Hi~hway name/number, town, etc.): The property is located south of Green Street and east of Ninth Street, in Durham, Durham County, North Carolina. The site is located adjacent to an unnamed tributary of Ellerbe Creek, in the Neuse River Basin. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill required for the construction of a road widening associated with the development of a commercial development. Impacts to waters of the U.S. authorized by this permit total 40 linear feet of stream channel. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 14 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, plea3e contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26 Regulatory Project Manager Signature, Authorization Date November 20, 2003 Expiration Date November 20, 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: ,. ,:~:~' U.S. ARMY CORPS OF ENGINEERS ~``~'~ ~ Wilmington District Action ID: 200321279 County: Durham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Ninth Street North Attn: D. Glenn Dickson Address Post Office Box 3160 Durham, NC 27715 Telephone Number 919-219-1620 Authorized Agent Drive. J.H. Carter II & Associates, Inc. Attn: Tracy Rush Address Post Office Box 891 Southern Pines, NC 28388 Telephone Number 910-695-1043 Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is located south of Green Street and east of Ninth Street, in Durham, Durham County, North Carolina. The site is located adjacent to an unnamed tributary of Ellerbe Creek, in the Neuse River Basin. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill required for the construction of a road widening associated with the development of a commercial development. Impacts to waters of the U.S. authorized by this permit total 40 linear feet of stream channel. Please note that this authorization replaces the pervious authorization dated November 20, 2003. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 14 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd TuQwell at telephone number (919) 876 - 8441 extension 26 Regulatory Project Manager Signature, Authorization Date September 22, 2005 March 18, 2007 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF TffiS FORM, IF REQUIRED OR AVAILABLE. CF: .. ~ ~pF W ATFg4 \p ~ ~ r > .~.~ p ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 19, 2005 DWQ Project # 03-1127 Durham County D. Glenn Dickson Ninth St. North P.O. Box 3160 Durham, NC, 27715-3160 Subject Property: Ninth St. Durham Phase II Redevelopment Project Tributary to Ellerbe Creek (030401, 27-5-(0.3), C NSW) Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Dickson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 40 feet of intermittent streams, as described within your renewal request dated September 6, 2005 and received by the N.C. Division of Water Quality (DWQ) on September 8, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non- discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire-upon expiration of the 404 or CAMA Permit. This Certification replaces the one issued to you on October 9, 2~3. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Cert~cation are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Oversight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Cazolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: littn:1,hi2o.e~~r.state.nc.us/nc~vetlands ~N~~°n~e ,Cazo 'na ~vatura~~ ... ,-_.._, .,.-----~---:~./. cs_.___...._ ......... o_._._,,...-.. cnoi D......../..A/1 no/. D..... r......nme. Dn«e.. 2 ~~ s ~Oo1„~ p~ ro. s D. Glenn Dickson Page 3 of 3 September 19, 2005 If you do not accept any of the conditions of this Certi ficatiotl (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly at 919-733-99721 or Deborah Edwards at 919-733-9502. AWKlcbk Enclosures: GC 3404 Certificate of Completion cc: Tracy Rush, P.O. Box 891, Southern Pines, NC, 28388 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely, ~/~ Alan W. Klimek, P.E. Filename: 031127Ninth(Durham~101+NBltrev DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 Fax (910) 695-3317 j camain@pinehurst.net 6 September 2005 Mr. Todd Tugwell Raleigh Regulatory Field Office U.S. Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 Dear Mr. Tugwell: Mr. D. Glenn Dickson would like to renew his Nationwide Permit No. 14 (copy attached) for the Ninth Street Durham Phase II Redevelopment Project in downtown Durham (Action ID. 200321279 and DWQ# 03-1127). The proposed activity involves culverting 40 feet of intermittent stream in order to provide access to a proposed parking area. The proposed project is currently going through the City of Durham's approval process and construction is planned for later this year. Please let us know if you have any questions or need additional information concerning the renewal of this permit. Sincerely, l~ Tracy R sh, Senior Biologist Dr. J.H. Carter III & Associates, Inc. Attachment Endangered Species Surveys • Environmental Assessments Land Management Wetlands Mapping and Permitting DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax~(910) 695-3317 j camain@pinehurst.net 6 September 2005 Ms. Cyndi Karoly N.C. Division of Water Quality 401 Oversight Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Karoly: Mr. D. Glenn Dickson would like to renew his 401 Water Quality Certification (copy attached) for the Ninth Street Durham Phase II Redevelopment Project in downtown Durham (DWQ# 03-1127 and Action ID. 200321279). The proposed activity involves culverting 40 feet of intermittent stream in order to provide access to a proposed parking area. The proposed project is currently going through the City of Durham's approval process and construction is planned for later this year. Please let us know if you have any questions or need additional information concerning the renewal of this certification. Sincerely, ~~ Tracy Rush, Senior Biologist Dr. J.H. Carter III & Associates, Inc. Attachment Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting ~OF WAT X94 ~O ~ ~ r 7 ~ GD '~' Coleen H. Sullins, Deputy Director Division of Water t;.luality October 9, 2003 D. Glenn Dickson, Ninth St. North PO Box 3160 Durham, NC 27715-3160 Subject Property: Ninth St. Durham Phase II Redevelopment Project Tributary to Ellerbe Creek (030401, 27-5-(0.3), C NSW) DWQ Project No. 03-1127 Durham County Page 1 of 2 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS Dear Mr. Dickson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 40 linear feet of intermittent stream for the purpose to provide access to the back side of the proposed parking area at the subject property, as described within your application dated 09/09/03. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and Land Quality regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. fir any parucwar item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), chec® ~e~p~n~ ~/ D II. Applicant Information , - APR 3 2008 1. Owner/Applicant Information Name: _ D. Glenn Dickson Ninth Street North DENR - WATER QUAl1TY y~NDS pNf1 STORMWA'f~R BRA Mailing Address: P.O. Box 3160 Durham, NC 27715-3160 Telephone Number: 919-291-1620 Fax Number: 919-288-5335 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 or Dr J H Carter III Company Affiliation: Dr. J.H. Carter III & Associates, Inc. Mailing Address: P.O. Box 891 Southern Pines NC 28388 Telephone Number: 910-695-1043 Fax Number: 910-695-3317 E-mail Address: jcamainna,pinehurst.net Page 5 of 12 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: Ninth Street North Phase 2 Redevelopment Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0822-14-33-3055 4. Location County: Durham Nearest Town: City of Durham Subdivision name (include phasellot number): Directions to site (include road numbers, landmarks, etc.): Site is located between Ninth Street and Iredell Street south of Green Street in Durham. 5. Site coordinates, if available (UTM or Lat/Long): 36.0114421 N; 78.9214342 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres 7. Nearest body of water (stream/river/sound/ocean/lake): tributary to Ellerbe Creek 8. River Basin: Neuse 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: Site is currently urban residential. Areas surroundin thg_e site are a mixture of urban residential and commercial with Duke University East Campus located one block to the southeast. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: A 100 space surface arkin facili is planned as part of a redevelopment project in downtown Durham. There is a stream onsite that is culverted with the exception of a 40 foot section. The 40 foot section currentlti has concrete sides and the streambed consists of pieces of asphalt, concrete and other debris. It is necessary to culvert this 40 foot section in order to provide access to the back side of the proposed parking area via a paved alleywaY Equipment used to install the culvert could include a backhoe and/or bulldozer to lower the new section of culvert into place and to fill on top of the culvert 1 1. Explain the purpose of the proposed work: It is necessary to culvert the remaining 40 foot section in order to provide access to the back side of the proposed parking area via a paved alleyway. 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. No prior project history. 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Connect existing culverts on an intermittent stream along Green Street in order to provide access to proposed project site. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream linear feet Type of Wetland*** None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at blip://www.fema.gov, *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0 Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number Type of Impact* indicate on ma Length of Impact linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leases ecif ) 1 culvert 40 UT to Ellerbe Creek 3 feet Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.2ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.tooozone.com, www.mapquest.corn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40 feet Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma T e of Im act* ~ p Area of Im act p acres) Name of Waterbody (if applicable) Type of Waterbody lake and estua ( ~ p ~ ry, sound, ba ,ocean, etc. None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. Since the stream in question is already artially culverted and has concrete sides already culvertin~ this section is the most logical and feasible option for the proposed project Culverting the section of stream allows safe entry and exit to the parking area from 2 sides (Green Street and Iredell Street) instead of placing 2 access points on 1 side (Iredell Street Other options include bridging the area and or leaving the stream as is and redesi ning the parking area. Neither of these options was deemed feasible or safe for the proposed use of the site. 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 Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that 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 USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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 miti ate ion proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 'f IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total cone ~ exrenas our su reer perpena~cular from near banK of channel; Gone "l extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. None required. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Currently the site is 64% impervious. The proposed ~roiect will consist of approx. 79% impervious area with the remaining 21 % as managed open space. The proposed site meets City of Durham requirements for Stormwater quantity controls because the increase in run-off is less than 10% and the site will utilize BMP's and buy-down to meet nitrogen loading requirements. 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. No sewage disposal required - ap rking lot. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~ ~ ~ ~, Applicant/Agent's Signature Date ~ (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Sep p4 03 03:14p ' + ., 20 August ?003 M1'THSTREETNORTH To Whom It May Concea-n: •a 91Q-286-5335 This ,[ettex is to sccv~ as notitcation that Dr. T.H. Carter III and Ax. J,H. Carter )II & Associates, Inc. ha~~e been retained co coordinate and submit proper documentation related to all envizonrnental peiznitting issues for the Ninth Street North phase 2 IZed,evelopment Project located in Durham, North Carolina. Any questions or concerns inay be directed to me as follo~~s: l7-Glenn Dickson Ninth Street North P.O. Box 3160 Durham, NC 27X5-3160 Sincerely, .~G-~~~' D. G1Enn Dickson rV p.2