20081095 Ver 1_401 Application_20080708

69
SPANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting Environmental Consulting Construction Management • Expert Testimony
July 11, 2008
Mr. Eric Alsmeyer
US Army Corps of Engineers, Raleigh Regulatory Field Office Jpgvg O
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587 ?UL 1 1 2008
Re: PCN, for Greenway - Johnson Tract DENk
o
sip R$W
Durham County, North Carolina *TLWDS
SEI Project # 200701010
Mr. Alsmeyer:
Spangler Environmental, Inc. (SEI) on behalf of Cimland, LLC is submitting this PCN package
for the 14.33 acre site referred to as Greenway - Johnson Property, located along Chandler Road,
north of NC 98 in Durham, North Carolina. SEI is requesting your approval for impacts to 0.25
acres of wetlands and 0.01 acres to the Neuse Buffer located on-site.
SEI has had a confirmation done in the field by DWQ personnel on the limits of the Neuse Buffer
and has included that information in this package. Also a confirmation on the location of the
wetlands on-site has been conducted in the field by the United States Army Corps of Engineers
(USACE), although an official Jurisdictional Determination has not been processed at this time.
Included in this package are copies of the PCN and necessary attachments needed to move
forward. The following materials are enclosed to assist you in processing our request:
1. PCN Application
2. NC DWQ Application Fee Payment (not included in USACE copy)
3. Project Location Map
4. Soils Map
5. Topo Map
6. Aerial Map
7. Neuse Buffer Stream Call Letters
8. Buffer & Wetland Impact Exhibits
9. City approved Construction drawing for Greenway dated March 27, 2007
10. EEP In-Lieu Request Form
4338 Bland Road Raleigh, N.C. 27609 tel [phone] fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax 910-'343-8351 1-866-SPANGLER www,spanglerenvironmental.com
Greenway - Johnson Property
Page 2
The impacts proposed for this development are required for the construction of roads and the
sanitary sewer line. See the table below for a detailed list of the impacts on-site:
Resource to be Impacted Impact Type Area of Impacts
Nontidal Wetland Permanent 0.25-ac. / 10,562-s.f.
Zone 1 Neuse Buffer Permanent none
Zone 2 Neuse Buffer Permanent 0.01-ac. / 360-s.f.
If you have any questions, or require additional information, please contact me at 919-546-0754.
Sincerely,
Spangler Environmental, Inc.

Thomas King
Project Environmental Scientist
Enclosures
cc: Cindy Karoly / Division of Water Quality
File
SPANGLER
ENVIRONMENTAL, INC.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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 29 / WQC-3705
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: ? ?/] r. P
II. Applicant Information
1. Owner/Applicant Information J U L 1 1 2008
Name: Cimland LLC DENR - YYAYER QUAUIY
Mailing Address: 2330 Operations Drive, Durham, NC 27705jD
Telephone Number: 919-382-2880 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Snaneler Environmental. Inc.
Company Affiliation:
Mailing Address: 224 Fayetteville Street, Suite 400, Raleigh, NC 27601
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: tking,(a?spanglerenvironmental.com
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
Page I of 8
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: Greenwav - Johnson property
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0841-02-85-7675
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Greenwav
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh: Take
Glennwood Ave. north to Halloway St. Turn right onto Halloway and proceed east, to
Chandler Road. Turn Left on Chandler rd. and turn right on Greenmount Drive. Project site
is located at the end of Greenmount Drive.
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): 35.9910° N 78.8347° W
6. Property size (acres): 14.33 Acres
7. Name of nearest receiving body of water: Little Lick 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/mal)s/.)
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 and adjoining properties to the north and south are
undeveloped. The surrounding land use is residential in nature.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of a 53-unit townhouse development. The site is currently
undeveloped and will require the proper infrastructure to support the development (i.e. roads,
utilities) See attached drawings for details.
Page 2 of 8
11. Explain the purpose of the proposed work: The purpose of the work is to develop the
project in order to provide residential homes for the expanding Durham area population.
The project site will be tied into the surrounding area by connecting to existing city sanitary
sewer and water lines.
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. A Neuse Buffer stream origin field determination was done on 10-9-
2007 by Lauren Witherspoon of DWQ RRO. Copies of this determination is attached with this
document. The USACE has not issued an official JD for this site but Eric Alsmeyer of the
USACE has reviewed the site in the field and determined the pond located to the south was not
jurisdictional, but that the stream located north of the pond are jurisdictional
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.
No future permit requests are anticipated for this project in the future. Any additional
development of the site will be constructed to avoid further impacts to wetlands/waterways.
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.
Provide a written description of the proposed impacts: Three areas of impacts are proposed for
the development of the project site. Impact #1 is associated with the connection of the proposed
sanitary sewer line to the existing sewer line located to the south of the site. In order to connect
to the existing line the proposed sanitary sewer line must impact 360 sg. ft. of Neuse Buffer.
Impact #2 is associated with the construction and grading of the cul-de-sac at the end of
Page 3 of 8
Flatstone Ct. and a retaining wall and associated grading required for the community dumpster
location. Impact #2 is for the permanent impact to 0.23-ac. of non-tidal wetlands. Impact #3
consists of 0.02-ac. of wetland impacts associated with the grading required for the construction
of Greemnount Drive and a rip-rap stormdrain outfall.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
Sennrately list impacts due to hoth structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Impact #1 -- -- -- -- --
Permanent - Road,
Impact #2 grading, & retaining Forested Wetland Yes - 701.f. 0.23
wall
Permanent - Road,
Impact 43 grading, & stormdrain Forested Wetland Yes (partial) - 150 l.f. 0.02
outfall
Total Wetland Impact (acres) 0.25
2. List the total acreage (estimated) of all existing wetlands on the property: 0.75
3. 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 Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
4. 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
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 4 of 8
5. List t
he cumulative impact to all Waters of the U. S. resulting from the project:
Stream Impact (acres): -
Wetland Impact (acres): 0.75-ac.
Open Water Impact (acres): -
Total Impact to Waters of the U.S. (acres) -
Total Stream Impact (linear feet): -
6. 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.
7. 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. The project as proposed is the
only alternative capable of meeting all government ordinances and accessibility issues. The
agent is required to tie in to the closest sanitary sewer system, which is located within the Neuse
Buffer to the south of the site. Multiple retaining walls are proposed in the design of the site in
order to reduce the acreage of wetland impacts. The largest amount of wetland impacts on-site
are associated with the road turn-around located on to the north. This turnaround is required for
emergency vehicle turnarounds.
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 5 of 8
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, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.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.
Mitigation includes payment into the States EEP. See details below.
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):
Amount of buffer mitigation requested (square feet): 360
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Page 6 of 8
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 Neuse Buffer Rules 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation

2 360 1.5 540
Total 360 540
* 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. Payment into the NCEEP. The acceptance
letter will be forwarded under a separate cover.
XI. Stormwater (required by DWQ)
Page 7 of 8
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.
Please refer to the enclosed construction plans for information regarding stormwater
management proposed on-site.
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 project proposes to tie into the existing city sanitary sewer line located to the south of the
nroiect site
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
project will result in additional development, but will closely follow all required stormwater
BMP's and any other ordinance required for reducing and minimizing impacts to the
environment. The remaining resources on-site, not impacting the sites initial
development, will be avoided during future development of the site.
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).
7 -S -o
ApplicantjAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

00
for
CW)

a7! d'
N
41

Z ?i
a
w

ci rLj

2

?

4

1 Ln
t
ru

0
.,
to
rm
$ ru
AB

rm
L
b

N
AS)
'--
rm
c Q
as z
az c
W 72 Z J
'
Z
0 _
LA-
p
_

1
© O
z A

?O
I-
4?4ftH-£6'b° Q?i3-6 b;F?.7;,H•1l.l.iftLNIS'OQZc;;,
-1
00 00
cl
N
O
O
O
N
0)
I,-

CL
0
a
c
O
c
.c
O
r
m
z m
Q
z
2
> Q
w Q
W Z
J
Q
Z
n
N
00
0
N
Y
C
m
L
r-
O
Z
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 2126/2008
Print this form; fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valen'9,Mdchen
purposes (location map is required) erCc3lncmail mR+ Attachments are acceptable for clarification
.
CONTACT INFORMATION APPLICANTS AGENT (optional) APPLICANT
1. Business or individual Name 5 ,., /cv_ Cnv.cr+ e.{?? Cr.-?,, /an cf L L C
2. Street Address or P O Box y33e $/& j AJ a33o o??QE•a...s p,.
3. City, State, Zip --r Ao- (° , y,h . IV A76,W i A11 A. ti., IVC 3 7 ?v57
- 4. Contact Person ? r
_ w
5. Telephone Number qlq- g Y6 D 7S `/ q /Y - 3 g? - aB g®
6. Fax Number _ 9lY 5-116 0.25 7
7. E-Mail Address (optional)
---_----------------------------------- --__ 9 ? Spa q,'erenv,vo?trrwe,LFal[da, :
rr[U.?C4. t INS- JKMA E IUN ;
8 Project Name ?^ ,
L,-aC t t
8 Project location (nearest town, cit j
"'ATTACH MAP SHOWING IMPACT LOCATION"
?1c,?I?a wr
10. L.at-Long Coordinates (optional)
- --- -- - 3,f QglD'Al =53 y7°w
11. Project County - - - - - - _... i -- - -
12. River Basin
Nose ACVtf^ l3c.s,'r)
13 Cataloging Unit (841git) (see Note 1)
0"3 C) ?3 0,A 0
14. Kipanan wfetiand impact (ac.) (e.g., 0.13)
d a a- C,
15. Non-Riparian Wedand Impact (ac.)
18. Coastal Marsh Impact (ac.) i
17. Stream Impact (ft.) (e.g. 1,234) ;r -
Warm Cool Cold
(See Note 2) -
q ..-- -? - _

-
-- a
f6.
B uffer Impact-Zone (sq ft.) (e.g. 12,345)
(See Note 3) Zone 1
--- Zone 2:
19. Regulatory Agency Staff Contacts y
(Indicate names, if known)
_ USACE. f?lsrne ' DWQ: Co?6
i
20. Other Regulatory ID Information l
(e.g., USACE Action ID, if known)
IMPORTANT
Check (? below if this request is a: Signature of Applicant or Agent:
_ revision to a currant acceptance, or
_ re-submission of an expired acceptance
..... ........................

Date: 7"g '4 g
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http://c ub.soa.aov/ u Ite/index.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
htto //www saw usace army iWWjETt ANDS/ itiaabo /DQcuawrt+srStreaml ndicestAme aixi,pa
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 [e-mail]
P -W
yz
a
a
SL
i X
Pr...
P -W
yz

??, ? ?? TM
y ??? ? J
,=- 4 w3'? ? 37 ATt
u
. i
??

p'rg lw
"?y? .? f ??
t:? t? ,;?
f
y`? ? 3

f.`?
}',
O
10. '+
If
�.
It�k«* --'""'"'r�
4
It—
CL
m4
4FAle
4
Ake
NOS
im
lip
dW
I ow -
UL
J .
'may �TllllLL"�.� I
LL
+„k `
t
r -
,
r �
■may, ..
....... , ,... Nom...... ,.Mwr.
Q
O `D , +�..., r "R .w...w +�+.-.. .r. •.e,p;. y.«ua, . ..iY .r,,.� Y 3�_. _ ' •,off,.'" y re
r y
—
.
wM

m �
m
�• n< �
N .j �T C
8 $�,
O
O
O C/.' e
C
0
O

?? y"irk r Michael F. Easley, Governor
rya C> William G. Ross Jr,. Secretary
' North Carolina Department of Environment and Natural Resources
>'' *=t Y u Coleen Sullins. Director
C Division of Water Qua;ity
October 10. 2007
Span?gler Environmental, Inc.
Attn: Will Ratcliffe
2214 Fayetteville Street. Suite 400
Raleigh, I NC 27601
NBRRO 07-231
Durham {'outtty
BASIN:
Neu5e Riwer X Tar-Pamlico
(15A `,C: 1C 21, t)2.:,.) (15 A NCAC 213 .0259)
Complaint NOV Butter Determination X
?._. _._.._..... ................. _.__....... _
Incident ? Appeal Call
Project Name: The Johnson Tracts
Loc:aion""Directions: loc tted north of Ilollowwav Street (N_t_ 981).,?gest of the intersection. of Clavion Road, and
Breedlove Avenue
Subject Stream: UT to Little Lick Creek.
Date of Determination: 1019107
Feature(s) ! Not Subject Start,, Stop' ; Stream Soil ! 1)s(is
Subject '. I ortn [It's. Stn eti 1'i3po
.......... _.
A Fla _ X
X
13 X (throughout)
1 X... X
Pond I X i X X
F\planaiiow "l lr4 teaturgsll li?,ted above has or have been located on the Soil Survey of Durham County, North
Carolina or the most recent copy ofthe USES 7 opo,1_)raphic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" his 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 refercnced above but, still nnay be
considetcd_jurisdictional according to the 113 Arrny° Corps of hr#-irteers andior to the Division of)A'atcr Quality
This on-site determination shall expire live (5') years from the date of this letter. Landowners or affected
parties that dispute a determination made by the 1)WQ or Delegated Local Authority that a surface Nvater
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c: o Cyndi 1Caroly , DWQ
Wetlands/401 Unity 2321 Crabtree Blvd., Raleigh, NC 27601-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. Vou must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ reeominends that the applicant yrr?Yht?rrcytt;ta
conduct this notification in order to be certain that third party appeals are made in a tintely manner. To ask % '!t!lC
;rtes :_ arr hni Divi`ifin of 1Vatcr Ounln_ Raleiuli h fi nal 0111ce tiurtace %1 aier hotec:iwn ('hunt; (9 19) , 91-4201) C ustonter Servi"
n;:met h2oenrstate.^c.rs 1628 Mail Surtii"Ccriter Ralci h.N 27t99-1028 t:Ll' (919)"71-:7111 1-87 611-6745
?i ;raai ?:;t;, ore ?nityiA!tirsrsa five Acre;; t:rr;pir;.yer ... 50°%? Rec jdedi lt7 fo Post Consumer Paper
The Johnson Tracts
Durham County
1011012007
Page 2 of 2
for a hearing, send a written petition. which conforms to Chapter 150B of the forth Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service ('enter. Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local. State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project inay require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of NVater Quality (Central Office) at (919)-733-1785, and the LIS Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441
Respectfully.
Lauren C. V,)thzrspoon
Envirorunental Senior Specialist
CC: Wetlands/Stormwater Branch, 2321 Crabtree Blvd, Suite 250. Raleigh, N4 27604
RRO/SWP File Copy
Central Files
Durham County. Joe Albiston, 120 L. Parrish 5tTcet, Lavv Building, I" Floor, Durharn, ANC 27701
NorthCarol nn
?1 ?z?rrrrrll?
°.:, 5.. Caro:is?:i Dv iswn vi 'Naar Oualm: Raleigh he non4l Ott
ice 5':lrt- ttcr Whoati (9 l?a; ?a. -410(" i`usroawrSe,; ic4
r,;?,mle; h2cenr.state.9c.us !"28NtailSeniceC'ewer RC Ieigh, ('27()99 if) FAX Q11)) 571 y; t. r *1 f, 2 t)
Yk
nn r? Equal Jpportur,ityiAYirma?rve Action ?mplcyer - S:S% Recycled'' 0% Post Cvnsurneer Paper
N-gp?
w 0 ? p
i3?0 C
p at 3 0
F?(D
CA -2
CA CD
C7 2
iC) 0
C)
t"
rr: ? tG
3 ? Cl
I? V)
= Y

s? .
s e
r
e
i T ,,
4
Q ?
n+ ?F c

1.
,
vow
Y..?

? "ff

gORi`H CAROLINA — SHEET NUMBER 27"
�'"�°� }
y;t,- X '' �\ct ���,•r,_ of L�Nd �`' 4 ��`.�-r��'Y .y i .�.,, �v
VS iy
`ala
w5c,
! i i
p
i gra
M
j
i,MtQs,
Pif
x
f
GrB
„
Noins shee+ 22)
S
CrG � �`` AE+3
Aid
Ch' -
r - crc_E
�f
f s'
cry' ,sc
,rasa c.s
scQve _ Ra
� � r
i:ri� (jet 3
y R
Y'
{IAP
)`d`, Ir
WS c
�i
`
.gip �� �� -, �✓� -' - -'` - 4 z ! i , _.
Wn V1,
°
fids,
NSC
"`� s o°'Zmj ' wl
t t ihsE
r- .,,`y d✓� ., ,t t �-. �.� - � ti��\ ryO it t--^-'-^�.._' j�-�"'.'..-�

---------------
# , . Hl2

v
Inl ll?
..?
??- r
???.;

? -?- _
???