20031312 Ver 1_Complete File_20080318

O? WAT?9 Michael F. Easley, Governor
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r Alan W. Klimek, P. E. Director
Q Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 18, 2004
Durham Land Associates, LLC
Attn: Jerry Radmon
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
DWQ Project No. 03-1312
Durham County
Page 1 of 2
Subject Property: Stone Hill Estates, Hwy 98, Durham, NC
Little Lick Creek [03-04-01, 27-9-(0.5), WS-IV (water supply) NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 213 .0233) with ADDITIONAL CONDITIONS
Dear Mr. Radmon:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.003 acres of wetlands, 99 feet of streams and 13,184 square feet (ft) of protected riparian buffers
for the purpose of installing roads and a sewer system at the subject property, as described within your application
dated January 19, 2004 and received by the N.C. Division of Water Quality (DWQ) on January 20, 2004 . After
reviewing your application, we have decided that the impacts are covered by the General Water Quality Certification
Number(s) 3374 & 3402 (GC3374 & GC3402). The Certification(s) allows you to use Nationwide Permit(s) 12 & 39
when issued by the US Army Corps of Engineers (USACE). 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 water supply 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. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full compliance with
all specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated
with the project.
2. No Waste, Spoil, Solids, or Fill of Any Kind -No waste, spoil, solids, or fill of any kind shall occur in wetlands,
waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application.
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)
O1Q_74Q_17AR /nhnnol Q10_7'A'7_RAQZ ffavl httn•//h9n onr Onto nn sic/newatlanric
Durham Land Associates, LLC
Page 2 of 2
March 18, 2004
All construction activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and erosion control measures
shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and
erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the Division of Land Resources has released the project.
4. 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.
5. Diffuse Flow - An additional condition is that all constructed stormwater conveyance outlets shall be directed as
diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into the stream as identified within 15A NCAC 2B .0233 (5). If this is not possible it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional
approval from this Office.
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.
If you do not accept any of the conditions of this Certification (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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
elan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC3402 & GC3374
Cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 031312
Date: March 18, 2004
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SENDING CONFIRMATION
DATE MAR-18-2004 THU 16:27
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 5/5
START TIME : MAR-18 16:25
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Dhision of Water Quality
Department of Environmental and Natural Resources
AVetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Rnlci&h, XC 276442260
Mailing Address: 1650 Mall Se i- Center
Ralcib)4 NC 27699-1650
Contact latortnatium PSono 0: 919.733-1786
Fax 9: 919-733.6893
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Number of pages tucludtng cover sheet:
Notes or special instructiotts:
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Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
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Fax To: 'uti
Company:
Number of pages including cover sheet: 5
Notes or special instructions:
Fax #: Oq6 qy6q
Date: 3 1 L5104
. 03 -tt53?, - - --
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N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crzbtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httpJ/h2o.enr.stat&nc.us/ncwctlmds
?OF V?ATF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O ^ f G North Carolina Department of Environment and Natural Resources
? 1 1 !) r Alan W. Klimek, P. E. Director
LL.•JJ-tiWWW`..?•/? -I Division of Water Quality
o? 'C
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 18, 2004
Durham Land Associates, LLC
Attn: Jerry Radmon
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
DWQ Project No. 03-1312
Durham County
Page 1 of 2
Subject Property: Stone Hill Estates, Hwy 98, Durham, NC
Little Lick Creek [03-04-01, 27-9-(0.5), WS-IV (water supply) NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 213 .0233) with ADDITIONAL CONDITIONS
Dear Mr. Radmon:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.003 acres of wetlands, 99 feet of streams and 13,184 square feet (ft2) of protected riparian buffers
for the purpose of installing roads and a sewer system at the subject property, as described within your application
dated January 19, 2004 and received by the N.C. Division of Water Quality (DWQ) on January 20, 2004. After
reviewing your application, we have decided that the impacts are covered by the General Water Quality Certification
Number(s) 3374 & 3402 (GC3374 & GC3402). The Certification(s) allows you to use Nationwide Permit(s) 12 & 39
when issued by the US Army Corps of Engineers (USACE). 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 water supply 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. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full compliance with
all specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated
with the project.
2. No Waste, Spoil, Solids, or Fill of Any Kind -No, waste, spoil, solids, or fill of any kind shall occur in wetlands,
waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application.
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), httpJ/h2o.enr.state.nc.us/ncweUands
Durham Land Associates, LLC
Page 2 of 2
March 18, 2004
All construction activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. No Sediment & Erosion Control Measures w/n Wetlands or Waters -Sediment and erosion control measures
shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and
erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the Division of Land Resources has released the project.
4. 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.
5. Diffuse Flow - An additional condition is that all constructed stormwater conveyance outlets shall be directed as
diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into the stream as identified within 15A NCAC 2B .0233 (5). If this is not possible it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional
approval from this Office.
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.
If you do not accept any of the conditions of this Certification (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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
lan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC3402 & GC3374
Cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 031312
Date: March 18, 2004
bz
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Stone Hill Estates
Project Number 03 1312
Recvd From APP
Received Date 10/24/03 Recvd By Region
Project Type road and sewer access
County Durham
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Class
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. L pit=h ?e1i+±-ii
39 HWF O Y O N 27-9-(0.5) WSIV NSW 30,401. 0.19 200.75 132.14 F68.61
NBR Buffers O Y O N F-F?I 30,401. 0.57 F- ?F__
F___ ? O Y O N?-?I-?F-? ? f
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 355909 Longitude (ddmmss) 784925
Comments:
cc: Regional Office
Central Office Page Number 1

Date:. I- 7z 6.
Triage Check List

Project Name: ?%?????? <<4`?-_s
DWQ#: 0A - 13l a
County: Q-?
To: ? ARO
? FRO
? MRO
[5 RRO
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
From:w-? • h
?' WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) 73.x'! 178't
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Mini.mizadon/avoidance issues
,®- Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
[TAre the stream and or wetland mitigation sites available and viable?
(-Check drawings for accuracy
E-Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
JOr ei:? ;X , ?,, I ? A:C-
o -January 15, 200+
S&EC Project # 6635.W1
DWQ Project # 03-1312
Soil & Environmental Consultants, PA
f11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
Department of Environment and Natural Resources
Division of Water Quality
Attu: John Dorncy`, F >
t,
71
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: Response to the Division of Water Quality's December 5, 2003 letter requesting further
information for the proposed Stonehill Estates, Durham County, NC
Dear Mr. Dorney:
We received your December 5, 2003 letter requesting additional information and have included
the response below.
Items land 3 state that the triple culvert design (Impact 2) will not provide adequate aquatic life
passage and that it appears that the impact can be avoided.
The road crossing has been removed and replaced with a cul-de-sac in order to avoid impacts.
Please refer to the attached PCN and construction drawings for additional information.
Item 2 requests that a storniwater management plan be provided. We provided a storniwater plan
and calculations in our initial application dated October 24, 2003. We are including an
additional copy for your review. Please call if you need additional clarification.
Sincerely,
n
,--a-T
Todd Preuninger %,%r TU;j In- I `.`?1 G^0UP
U Z,
Attachments: 1) DWQ letter dated December 5, 2003
2) Revised PCN forni
3) Revised cover letter
4) Revised site plans/Impact Map
cc: Mr. Steve Mitchell
Mr. Todd Tugwell
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
622 Coon Mountain Lane
Taylorsve, NC 28681
Phone: T28) 635-5820
Fax: [phone]
WATF Michael F. Easley, Governor
9Q
O G William G. Ross Jr., Secretary
l Resources
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P. E. Director
Alan W. Klimek
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Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 5, 2003
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Durham Land Associates, LLC
Attn: Jerry Radmon
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
DWQ Project No. 03-1312
Durham County
Page 1 of 2
Subject Property: Stone Hill Estates S/D, Highway 98, Durham, NC
Little Lick Creek [03-04-01, 27-9-(0.5), WS-IV (water supply) NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. Radmon:
On October 24, 2003, the Division of Water Quality (DWQ) received your application dated October 24, 2003 to impact
0.19 acres of wetlands, 201 feet of stream and 24,778 square feet (ft ) of protected riparian buffers to construct the
proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and 26 .0233(8) and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information:
1. Wetland Impact # 2 (Design) - It appears that the triple culvert design proposed will not provide for adequate
aquatic life passage at low stream flow. Also, it appears that you are proposing to relocate the stream flow into the
wetland. Please provide additional information clearing showing how you will provide aquatic life passage, how you
will not destabilize the stream and how you will not alter the flow of the stream or wetland.
2. Diffuse Flow - All constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-
erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. Please provide a stormwater
management plan for this project. The plan shall specify all stormwater discharge points, plan details, and
calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will
be achieved.
3. Wetland Impact #2 (No Practical Alternatives) - You stated in your letter that "if the impacts are not approved
Durham will allow the use of a cul-de-sac in this location". As such, it appears that there is a practical alternative
that avoids the need for this crossing and it's associated impacts. Please provide additional justification as to why
this crossing cannot be avoided. A letter from the City of Durham justifying the need for the crossing may be
helpful.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Mr. Steve
Mitchell of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn.
North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJih2o.enr.state.nc.us/ncwetlands/
Durham Land Associates, LLC
Page 2 of 2
December 5, 2003
This letter only addresses the a pplic4tion.revip. v anti does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ.
Please call Mr. Bob Zarzecki at 919-733-9726 if you have any questions regarding or would like to set up a meeting to
discuss this matter.
Sincerely,
PnDorne#y,
etlands/401 Unit, WO.
cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ031312
December 5, 2003
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Soil& Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27613 Phone: [phone] Fax: [phone]
www.SandEC.com
quest by the USAGE and the NC-DWQ the site plans have been revised
to avoid impacts to a perennial channel and wetlands.
Revised January 15, 2004
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkvicw Building
Raleigh, NC 27604
US Army Corps of Engineers
Attn: Mr. Todd Tugwcll
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Pen-nit 12, 39 & 401 Water Quality Certification/Buffer Compliance
Stone Hill Estates
Durham, Durham County, North Carolina
S&EC Project #: 6635.W1
Dear Mr. Tugwell and Mr. Dorney,
On behalf of Durham Land Associates, LLC - Durham, we hereby request authorization
from the US Anny Corps of Engineers to use Nationwide Pen-nit 39 to cover impacts to
stream channels and jurisdictional wetlands (see attached overall map). We also request
written concurrence from the North Carolina Division of Water Quality that the project
complies with the 401 Water Quality Certifications associated with Nationwide Pen-nit
39. A Pre-construction Notification Application (PCN) is attached, which includes an
agent authorization form.
The proposed project consists of impacts from the construction of access roads and a
sanitary sewer connection for a residential housing development. The site is located on
the north side of Highway 98 and the south side of Freeman Rd (SR 1846). The project
lies between Fletcher Chapel Road (SR 1815) and Clayton Road (SR 1825) with the
southeastern property line formed by Little Lick Creek. The site is approximately 112
acres in size, and consists primarily of pine and hardwood stands. Please refer to the
attached USGS map, which displays the location of the proposed project.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation on
June 5, 2003. Maps were sent to the USACE on October 2i, 2003 for approval. Mr.
Steve Mitchell of the NC-DWQ made a site visit and confirmed the buffers on December
4, 2001. A copy of his letter is attached.
The applicant requested a detailed wetland delineation and buffer evaluation on the
property prior to site plan development in order to avoid jurisdictional features and
riparian buffers to the maximum extent practicable. The proposed roadway will impact
approximately 69 linear feet of intermittent channel. A temporary impact of 0.003
acres of jurisdictional wetlands and 30 linear feet of perennial channel is required for a
sanitary sewer connection. These impacts are elaborated upon within the attached PCN
form and are shown on the attached inset impact maps.
The proposed road crossing (impact # 1) is necessary to gain access for the property from
an existing road located east of the site. The road crossing will impact a segment of
intermittent channel and associated buffers. Because the road must "tie into" an existing
road east of the site, the proposed road crossing cannot be constructed perpendicular to
the stream. The sanitary sewer connections (impacts ## 2 & 3) will impact 0.003 acres of
jurisdictional wetlands, a segment of perennial channel, and a portion of the riparian
buffer in order to connect to an existing utility line. These impacts are temporary, and are
a necessary utility for the proposed development. The applicant will minimize impacts
using headwalls at the proposed crossing. Following construction, the applicant will
maintain riparian buffers on the stream channels as well as employ BMP devices to
preserve water quality. Stonnwater will be treated or released as sheet flow (i.e. diffuse)
before entering the buffers. Moreover, because this site is located within a water-supply
watershed, Durliam regulations will not allow >24% impervious surface within the site.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre). The proposed roads are necessary to access the entire
property. Because the applicant has minimized impacts to the maximum extent
practicable, will maintain riparian buffers, and will preserve approximately 9 acres of
wetland, S&EC does not believe further compensatory mitigation should be required by
the USACE.
NC-DWQ's current policy requires written concurrence for stream impacts of greater or
equal to 150 linear feet of stream length per project. We request written concurrence that
the project complies with the 401 Water Quality Certification associated with Nationwide
Permit 39. NC-DWQ's current policy does not require wetland or stream mitigation for
perennial stream channel impacts below 1 acre and 150 linear feet per project. Because
the total permanent impacts to perennial channels is less than 150 feet, we do not believe
that stream mitigation should be required by NC-DWQ. Please note that following
construction the site will contain less than 30% impervious surface. Therefore, we do not
believe that this project requires a pre-approved stonnwater plan.
Please call if you require any additional information or have any questions.
Sincerely,

Todd Preuninger
Biologist/Project Manager
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Durham County Soil Survey Map
Site Vicinity and Summary
Impact reference map and details
RCP Profile - Impact #I
Stonnwater plan (DWQ only)
Stormwater pond calculations (DWQ only)
Agent Authorization form
Buffer confinnation letter from DWQ
Office Use Only: Form Version May 2002
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
2. Nationwide, Regional or General Permit Number(s) Requested: 12 & 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 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), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Durham Land Associates, LLC (Attn: Jerry Radmon)
Mailing Address: 201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
Telephone Number: 919-465-3312 Fax Number: 919-465-3383
E-mail Address: NA
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: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: preuninger(a,SandEC.com
Page 1 of 8
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: Stone Hill Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0851-01-26-0897.0851-01-15-9118
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Stone Hill Estates
Directions to site (include road numbers, landmarks, etc.): The subject site is located on the
north side of Highway 98 and the south side of Freeman Rd (SR 1846). The southeastern
property line is bordered by Little Lick Creek. The property lies in between Fletcher Chapel
Road SR 1815) and Clayton Road (SR 1825).
5. Site coordinates, if available (UTM or Lat/Long): 35°59'07.87" N 78°49'25.10" 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): 113.2
7. Nearest body of water (stream/river/sound/ocean/lake): Little Lick Creek
8. River Basin: Neuse
(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.ne.us/admin/snaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently wooded. Land use in the vicinity of the
project is primarily residential.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the construction of a residential subdivision. Heavy equipment associated
with land clearing and construction will be utilized.
11. Explain the purpose of the proposed work: The proposed development is being undertaken
to meet the demand for housing in this area.
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.
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation on June 5,
2003. Maps were sent to the USACE on October 21, 2003 for approval and to verify the
delineation. Mr. Steve Mitchell of the NC-DWQ made a site visit and confirmed the buffers on
December 4, 2001. A copy of Mr. Mitchell's letter is attached.
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 additional impacts are anticipated.
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.
1. Provide a written description of the proposed impacts: The proposed impact consists of
68.61 linear feet of intermittent channel. Proposed temporary impacts consist of 30
linear feet of perennial channel and 0.003 acres of wetlands.
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Numbcr Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
Impact #2 Temporary/
Excavation 0.003 no 0 T Ieadwater Forest
* List each impact separately and identify temporary impacts. Innpacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditclung/drainage, etc. For darm, separately list impacts due to both structure and flooding
** 100-Year floodplains are identified through the Federal Enncrgcncy Management Agency's (FIMA) Hood Insurance Rate Maps
(IM NI), or IT11IA-approved local floodplain maps. Maps are available through the FTMA Map Service Center at 1-800-358-9616, or
online at
*** list a wetland t)pe that best describes wetland to be impacted (e.g., freshwater/salb.Nuter harsh, 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: 9.454 acres of
jurisdictional wetlands and 0.121 acres of non- urisdictional (isolated) wetlands.
Total area of wetland impact proposed: 0.003 acres temporary impact
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Nviddi Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermitterrt?
(indicate on map) (linear feet) Before Impact (please specify)
Impact # 1 Permanent/
culvert 69 UT to Little Lick Creek 2 Intermittent
Impact # 2 Temporary/ Excavation 30 Uf to Little Lick Creek 5-10 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-tap,
dams (separately list impacts due to both structure and flooding), relocation (include linear fcct before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditcWng/straightcning, 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
Several intemet sites also allow direct download and printing of USGS maps (e.g., ,
, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 69 If (int.). + 30 If (per.)
= 99 linear feet
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 Area of Name of Waterbod
y Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
13- A .. r O
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. 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.
A detailed delineation was conducted in order to develop a site plan that minimized impacts.
Impact # 1 is necessary to access the area from the existing subdivision adjacent to the property.
Due to the location of the existing road east of the proposed project, this impact could not be
avoided entirely. Impacts # 2 & 3 (buffer impacts) are necessary to tie into the existing sary
sewer that will service the proposed subdivision. In addition the applicant will utilize BMP_
devices for water treatment.
VII. 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 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.
Page 5 of 8
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 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.ne.us/ncwetiands/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.
Because impacts are below the thresholds that typically require mitigation and because all
wetlands will be preserved on-site, we do not believe mitigation should be required.
However, if mitigation is required, we propose payment to the WRP.
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
[phone] 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/wm/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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. 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 [phone] 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.
Page 6 of 8
Yes ? No ?
IX. 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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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
(square feet) Multiplier Required
Mitigation
1 7224 3 NA
2 5960 1.5 NA
Total 13184 NA
Lone 1 extends out 3U teet perpendicular trom near bank of channel; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
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.
NA
X. 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.
The site does not currently contain impervious surface. Following construction the site will
contain less than 30% impervious surface therefore we do not believe a pre-approved
stormwater plan is required. Moreover, because this site is located in a water supply watershed,
Durham regulations prohibit any development that exceeds 24% impervious. The applicant will
provide measures to insure that diffuse flow is achieved before stormwater enters the buffers as
well as maintain a riparian buffers. A stormwater management plan is attached for your review.
Page 7 of 8
XI. 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.
Sanitary Sewer
XII. 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
XIII. 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).
NA

j'A I off
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
10/17/2003 09:10 919-465-3383 MACGREGOR DEV PAGE 02
Soil & Environmental Consultants, PA
110301tav¢o JU4 a Rv.4 • ltelei3h, North Cling 27614 • Phcnc: [phone] • FAx. [phone]
wevsv.S?n?C-coax '
AGENT AUTHORLZATION FORM
Alnks To Be Wo Tn By n2 Gurreiat Landawn--
Name:
Addrc.:,
Pholte: ?1 l9 ?loS. X31 z
Project Name/Description:
Date: lOI t-,Q3 _
T
The Deputw2 nt of the Army
US. Army Corps of Engineero, Wilmington District
P,O. Box 1890
Wb:nington, NC 28402
Attn:
Ftald Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Cwiceen:
1, the current rv a owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act U, my behalf as my agent in the processing of pzarrmit appUotions, to f=.izh upon request
supplemental information in Bupport of applicatioris, etc, from this day forward. The - day of
This notification super3ede9 any previous corn:5pondznce concerning the agent for this project,
(I
NOTICE: This authorization, for liability and profc3aional courtesy rwom, is valid only for
government officials to cater the property whcn accompanied S&EC rAdf. You should call S&EC
to arrange a site rmeetiag prior to viol the site.
Print Property Owner's Name Property Owner's Signature
cc: Mr. John Dorney cc: Mr. Todd Preuninger
NCDENR - DWQ Soil 4 Environmental Consultants, PA
2321 Crabtrca Boul,2vard
Raleigh, NC 27W
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concord. NC 2=5 R:ccuDorv, NC 27433 7aylonvil1c, NC T6631
Phwa: (704) 720,9405 Phona• (335) 3403234 Phons [phone]
Fu: [phone] Fa; (336).440-3235 FAx: [phone]
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MacGregor Development [phone] • [phone]
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MacGregor Development
Durham, Durham Co. NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. - Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
February 1, 2002
Sean Clark
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
pz?? . .
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NORTH CAROu NA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
? c(NEade D
FEB - 8 2002
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 02-014
Stone Hill Estates
S & E C Project # 01-6635
Durham County
Dear Mr. Clark:
This letter will serve as confirmation of the buffer determinations made by S & E C at the subject property
referenced by the Raleigh Regional Office as NBRRO 02-014. The features represented on the Durham
County Soils and the USGS Durham East Quad maps were evaluated to determine their subjectivity to the
Neuse Buffer Rule.
There are ten stream features represented on the maps and depicted on S & E C's map as Features A through
J. Features A, B, E, G, I, and J are subject to protection under the Neuse River Basin: Nutrient Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). These features are depicted on the map received by this Office December 19, 2001.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetland
and other impacts, please contact the Central Office at 733-1786. Thank you for your attention to this matter
and if this Office can be of any assistance or if you have additional questions, please do not hesitate to
contact us.
*Sincrely,
chell
Environmental Scientist
cc: RRO/John Dorney
Wake County
H:\nbrlet.for\neuse.buf\buf'02\stonhil1.014
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX[phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
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SITE SUMMARY
D V L OPER.
DURHAM LAND ASSOCWTES LL C.
201 SHANNON OAKS CIRCLE-
CAR)- , NC. 27511
PHONE.- (919) 465-.3.312
FAX.' (919) 465-JJB.3
SITE AREA DATA:
TAX MAP: 632-01-015
PIN: 0851-01-26-0897
TAX MAP: 632E-06-022
PIN: 0851-01-15-9118

SITE
ZONING' AREA PROPOSED
IMPERVIOUS
AC SF SF %
PHASES I,II,III,IV R-20 113.218 4,931,782 1,183,600 23.99
NOTES:
ZONING: R-20
PROPOSED USE: SINGLE FAMILY RESIDENTIAL
SITE OUTSIDE OF CITY LIMIT
SITE INSIDE URBAN GROWTH AREA
DURHAM WATERSHED: F/J-B OVERLAY
STATE WATERSHED: NEUSE
WETLAND AREAS WERE DELINEATED BY SOIL & ENVIROMENTAL CONSULTANTS, PA.
PROJECT VICINITY MAP
R.L. HORVATH ASSOCIATES Stonehill Cluster - Phases I,II,III,IV Drwn By: NDA Dwg No.
16 CONSULTANT PLACE, SUITE 201 NC HWY 98 Chk B : 1
DURHAM, NORTH CAROLINA 27707 Date: 09/15/03
919.490.4990 FAX [phone] Durham, North Carolina 1 of Q
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IMPACT TYPE SQ. FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z 1 420 ----
Z2 603 ----
TOTAL 1,023
2 CH ---- ----
3 JW ---- ----
Existing S/S Easement
CHANNEL TOP
OF BANK
I I IMPACT
#3 ZONE 1
1
50
IMPACT #3 ZONE 2_
"LOT 62
_
' \ 1 LOT G3 1
\ \ , -- LOT 64 ..1 1 ? ? ?
\ LOT 165 1 1 - _ I
66
\ ?........_
.. ; WETLAND IMPACT #3 SITE PLAN
R. L. HORVATH ASSOCIATES Stonehill Cluster Phases I,II,III,IV Drwn By., N D A Dwg No
16 CONSULTANT PLACE, SUITE 201 NC Hwy 98 Chk B : 5
DURHAM, NORTH CAROLINA 27707 Date: 09 15 03
919.490.4990 FAX [phone] Durham, North Carolina 5 of 8
Scale: 1 '= 40'
i

IMPACT TYPE SO. FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z 1 5,552 ----
Z2 4,750 ----
TOTAL 10,108
2 CH 264 68.61
3 JW ---- ----
_... \ I / \ \ LOT 6'
LOT 68 \ \ \ \ /
`C \ jCHANNEL /
I ?, ?? ?• I IMPACT /
\ \ ?- .t #1 ZONE/ 2 ?51Q' STREAM BUFFER /? \ \
-- - \ IMPACT
\#1-ZONE t LOTS 90 \
LOT 69`?? ''' ' • f \\ ?` /
RiP?2AP APRON. \ i;? "" 1 NO-BUILD ZONE\ '
18 (L)x1O'(W)x22'"(?)\ \? \ r I\ \
.• ,; f,; ,, LOT, 89 \ \
`36"0 RCP \ =
1-
LOT 88 \ \\\
\\\ ; J?RgINACD--AREA--^
LOT 86 3J L ?S
0.•
R. L. HORVATH ASSOCIATES
16 CONSULTANT PLACE. SUITE 201
DURHAM, NORTH CAROLINA 27707
919.490.4990 FAX [phone]
WETLAND IMPACT #1 SITE PLAN
Stonehill Cluster Phases I,II,III,IV
NC Hwy 98
Durham, North Carolina
Drwn By. N DA Dwg No,
Chk B : 3
Date: 09/15/03
3 of 8
Scale: 1 "= 40'
TOP OF PAVEMENT
36" _ DIA.
RCP
EXISTING STREAM BED -
ELEV. 307.75.
??
R. L. HORVATH ASSOCIATES
16 CONSULTANT PLACE, SUITE 201
DURHAM, NORTH CAROLINA 27707
919.490.4990 FAX [phone]
INVERT ELEV.
I I _ 306.75.
II III -
-III III III II
RCP PROFILE IMPACT #1
STONEHILL CLUSTER PHASES I,II,III,IV Drnn By. NDA Dwg No
NC Hwy 98 Chk B : 6
Date: 09 15 03
Durham, North Carolina Scale: N/A 6 of 8

LOT',,- 75
IMPACT TYPE SQ. FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z1 1,252 ----
Z2 607 ----
TOTAL 1,859
2 CH 150 30.00
3 JW 1,407 ----
1 10' NO-BUILD ZONE
\ 50' STREAM BUFFER J '
_ ` ale) \ \ I ?_ -/
LOT, 76
?` ??< ? JURISDICTIONAL
?`? - 6)\ WETLANDS
\ CHANT
WETLANDSONAL--\\

fc cuiv? i IMPACT --_?
#2 ZONE 2
50' STREAM BUFTER' /
LOT 77
Jam.

R.L. HORVATH ASSOCIATES
16 CONSULTANT PLACE. SUITE 201
DURHAM. NORTH CAROLINA 27707
919.490.4990 FAX [phone]
LOT 17Sr.
' I I
WETLAND IMPACT #2 SITE PLAN
Stonehill Cluster Phases I,II,III,IV Darn By. NDA Dwg No
NC Hwy 98 Chk By. 4
Date: 09/15/03 4 of 7
Durham, North Carolina Scale: 1 "= 50'
12/22/2003 15:15 FAX
Soil & Environmental
11.010 Raven Ridge Road • Raleigh, North Carolina 27614
www.SandEC.corr
Department of Envlromment and Natural Resource;
Division of Water Quality
Attn: John Dorney
2321 Crabtree Bouk-vard
Suite 250
Raleigh, NC 27604
i DWA DORNEF 10002
Consultants, FA
Phone: [phone] - Fax: [phone]
Re: Response to the Division of Water Quality's December 5, 2003 It ttt r requesting further
information for the proposed Stone HiD Estates SID, Durham County, NC
Duerr Mr. Dwncy:
We received your December 5, 2003 letter requesting additional information and are currently
preparing this information. A complete response should be submitted to your office shortly
however it is not yet finalized. We do not wish to whhdraw our application. Pleasc call if you
have any questions or require further explanation.
Sincerely,
Todd Preuninger
Attachmmts: 1) DWQ letter dattxl Dectmbcr 5, 2003
Q=nsboro Office: MckoU Office:
236 LcPhilliP Court. Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Tavlorsvilltt, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
December 22, 2003
S&EC Project # 6635
DWQ Project # 03-1312
??F W AjF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
\O G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
-i Division of Water Quality
O ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 5, 2003
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Durham Land Associates, LLC
Attn: Jerry Radmon
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
DWO Project No. 03-1312
Durham County
Page 1 of 2
Subject Property: Stone Hill Estates S/D, Highway 98, Durham, NC
Little Lick Creek [03-04-01, 27-9-(0.5), WS-IV (water supply) NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. Radmon:
On October 24, 2003, the Division of Water Quality (DWQ) received your application dated October 24, 2003 to impact
0.19 acres of wetlands, 201 feet of stream and 24,778 square feet (W) of protected riparian buffers to construct the
proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and 26 .0233(8) and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information:
1. Wetland Impact # 2 (Design) - It appears that the triple culvert design proposed will not provide for adequate
aquatic life passage at low stream flow. Also, it appears that you are proposing to relocate the stream flow into the
wetland. Please provide additional information clearing showing how you will provide aquatic life passage, how you
will not destabilize the stream and how you will not alter the flow of the stream or wetland.
2. Diffuse Flow - All constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-
erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. Please provide a stormwater
management plan for this project. The plan shall specify all stormwater discharge points, plan details, and
calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will
be achieved.
3. Wetland Impact #2 (No Practical Alternatives) - You stated in your letter that "if the impacts are not approved
Durham will allow the use of a cul-de-sac in this location". As such, it appears that there is a practical alternative
that avoids the need for this crossing and it's associated impacts. Please provide additional justification as to why
this crossing cannot be avoided. A letter from the City of Durham justifying the need for the crossing may be
helpful.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Mr. Steve
Mitchell of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn.
North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Durham Land Associates, LLC
Page 2 of 2
December 5, 2003
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWD
Please call Mr. Bob Zarzecki at 919-733-9726 if you have any questions regarding or would like to set up a meeting to
discuss this matter.
Sincerely,
n Dorney,
etlands/401 Unit, WQ.
cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWO03131;
December 5, 200,
bz
MEMORANDUM
TO:
John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WQ Supervisor:
Date:
SUBJECT:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Stone Hill Estates
Project Number 03 1312
Recvd From APP
Received Date 10/24/03 Recvd By Region
Project Type road and sewer access
County Durham
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
Y O N 27-9-(0.5) WS1V NSW 30,401. 0.19 200.75 132.14 68.61
39 HWF FT-0-
NBR Buffers O Y O N F r- _ 30,401: 5.57F r? F?
?OY ON r I ?Ir-?-?F_-F_ I -F_
Mitigation Wetland
MitigationType Type Acres Feet
F__ F
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 355909
Longitude (ddmmss) 784925
Comments:
November 13, 2005
HOLD
Triple culverts do not allow for wildlife passage. Stormwater does not appear to be
diffuse/non-erosive, and I do not see the need for the additonal road crossing Of Durham is not
r-wiring interconnectivity,
cc: Regional Office
Central Office Page Number 1
Triage Check List
f;
Date: I0• A• CO Project Name: PY
DWQ#: b 11-312-
County: ,( 614,
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
_;K RRO Steve Mitchell
From:
?'WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) -/3&. 5715
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
s the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
2[[ rnAde
it'41 vt??d. 444 f V
4e .

U)
10
,7312
Environmental Consultants, PA
-A . D,Io;Rh TTnrth C firnlina 27614 • Phone: [phone] • Fax: [phone]
WETLANDS/ 401 nig(?UP October 24, 2003
OC1 '?' " M03
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
WATER ?y Corps of Engineers
t'rY"Mi%ftim 'ugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39 &, 401 Water Quality Certification/Buffer Compliance
Stone Hill Estates
Durham, Durham County, North Carolina
S&EC Project #: 6635. W l
Dear Mr. Tugwell and Mr. Dorney,
On behalf of Durham Land Associates, LLC - Durham, we hereby request authorization
from the US Army Corps of Engineers to use Nationwide Permit 39 to cover impacts to
stream channels and jurisdictional wetlands (see attached overall map). We also request
written concurrence from the North Carolina Division of Water Quality that the project
complies with the 401 Water Quality Certifications associated with Nationwide Permit
39. A Pre-construction Notification Application (PCN) is attached, which includes an
agent authorization form.
The proposed project consists of impacts from the construction of access roads and a
sanitary sewer connection for a residential housing development. The site is located on
the north side of Highway 98 and the south side of Freeman Rd (SR 1846). The project
lies between Fletcher Chapel Road (SR 1815) and Clayton Road (SR 1825) with the
southeastern property line formed by Little Lick Creek. The site is approximately 112
acres in size, and consists primarily of pine and hardwood stands. Please refer to the
attached USGS map, which displays the location of the proposed project.
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation on
June 5, 2003. Maps were sent to the USACE on October 21, 2003 for approval. Mr.
ffice, Greensboro Office: Hickory Vthce:
Char 3817-E Lawndale Drive 622 Coon Mountain Lane
236 ChLePhillip arlotte o Of Court, Suite C
Greensboro, NC 27455 laylorsville, NC 28681
Concord, NC 28025 Court
Phone (828) 635
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Steve Mitchell of the NC-DWQ made a site visit and confirmed the buffers on December
4, 2001. A copy of his letter is attached.
The applicant requested a detailed wetland delineation and buffer evaluation on the
property prior to site plan development in order to avoid jurisdictional features and
riparian buffers to the maximum extent practicable. The proposed roadway will impact
approximately 0.1895 acres of jurisdictional wetlands, 132 linear feet of perennial
stream channel, and 69 linear feet of intermittent channel. These impacts are
elaborated upon within the attached PCN form and are shown on the attached inset
impact maps.
The proposed road crossing (impact # 1) is necessary to gain access for the property from
an existing road located east of the site. The road crossing will impact a segment of
intermittent channel and associated buffers. Because the road must "tie into" an existing
road east of the site, the proposed road crossing cannot be constructed perpendicular to
the stream. Impact #2 was requested by the city of Durham to meet "interconnectivity"
requirements among subdivisions. However, this impact could be avoided using a cul-
de-sac. In the past, the USACE has not always agreed that interconnectivity ordinances
justify the additional wetland impacts (i.e. the impact could be avoided). We are
requesting this impact because the city of Durham has made it a condition for PUD
approval; however, Durham has stated that if the Corps or DWQ denies the request
for impacts, they will amend the PUD to allow a cul-de-sac. The sanitary sewer
connection (impact # 3) will impact a portion of the riparian buffer in order to connect to
an existing utility line. This impact is temporary, and is a necessary utility for the
proposed development. The applicant will minimize impacts using headwalls at the
proposed crossing. Following construction, the applicant will maintain riparian buffers
on the stream channels as well as employ BMP devices to preserve water quality.
Stormwater will be treated or released as sheet flow (i.e. diffuse) before entering the
buffers. Moreover, because this site is located within a water-supply watershed, Durham
regulations will not allow >24% impervious surface within the site.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre). The proposed roads are necessary to access the entire
property. Because the applicant has minimized impacts to the maximum extent
practicable, will maintain riparian buffers, and will preserve approximately 9 acres of
wetland, S&EC does not believe further compensatory mitigation should be required by
the USACE.
NC-DWQ's current policy requires written concurrence for stream impacts of greater or
equal to 150 linear feet of stream length per project. We request written concurrence that
the project complies with the 401 Water Quality Certification associated with Nationwide
Permit 39. NC-DWQ's current policy does not require wetland or stream mitigation for
perennial stream channel impacts below 1 acre and 150 linear feet per project. Because
the total permanent impacts to perennial channels is less than 150 feet and a total of
0. 1895 acres of permanent impacts to wetlands are proposed, we do not believe that
wetland nor stream mitigation should be required by NC-DWQ. Please note that
following construction the site will contain less than 30% impervious surface. Therefore,
we do not believe that this project requires a pre-approved stormwater plan.
Please call if you require any additional information or have any questions.
Sincerely,

Todd Preuninger
Biologist/Project Manager
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Durham County Soil Survey Map
Site Vicinity and Summary
Impact reference map and details
RCP Profile - Impact #1
Culvert Profile -- Impact #2
Stormwater plan (DWQ only)
Stormwater pond calculations (DWQ only)
Agent Authorization form
Buffer confirmation letter from DWQ
Office Use Only: Form Version May 2002
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
Z 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 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), check here: ?
11. Applicant Information
1. Owner/Applicant Information
Name: Durham Land Associates LLC (Attn: Jerry Radmon)
Mailing Address: 201 Shannon Oaks Circle Suite 201
Cary NC 27511
Telephone Number: 919-465-3312 Fax Number: 919-465-3383
E-mail Address: NA
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: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: preunin er SandEC corn
Page I of 8
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: Stone Hill Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0851-01-26-0897, 0851-01-15-9118
4. Location
County: _ Durham Nearest Town:__. Durham
Subdivision name (include phase/lot number): Stone Hill Estates
Directions to site (include road numbers, landmarks, etc.): The subject site is located on the
north side of Highway 98 and the south side of Freeman Rd (SR 1846). The southeastern
property line is bordered by Little Lick Creek The propgrty lies in between Fletcher Chapel
Road (SR 1815) and Clayton Road SR 1825)
5. Site coordinates, if available (UTM or Lat/Long): 35°59'07.87" N 78°49'25.10" 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): 113.2
7. Nearest body of water (stream/river/sound/ocean/lake): Little Lick Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently wooded. Land use in the vicinity of the
project is primarily residential
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
ro'ect consists of the construction of a residential subdivision Heavy equipment associated
with land clearin and construction will be utilized.
11. Explain the purpose of the proposed work: The proposed development is being undertaken
to meet the demand for housing in this area.
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.
S&EC conducted a detailed wetland delineation and Neuse River Buffer evaluation on June 5,
2003 Mks were sent to the USACE on October 21, 2003 for approval and to verify the
delineation. Mr. Steve Mitchell of the NC-DWQ made a site visit and confirmed the buffers on
December 4, 2001._ A copy of Mr. Mitchell's letter is attached.
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 additional impacts are anticipated.
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.
1. Provide a written description of the proposed impacts: The proposed impacts consist of
132.14 feet of perennial channel 68.61 linear feet of intermittent channel and 0.1895
acres of wetland impact resultin from road construction.
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma (acres) (es/no (linear feet)
Impact # 2 Permanent/fill 0.1895 no 0 Headwater Forest
* 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 FERIA Map Service Center at 1-800-358-9616, or
online at http://www.f'ema.pov.
*** 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: 9.454 acres of
jurisdictional wetlands and 0 121 acres of non-iurisdictional (isolated) wetlands.
Total area of wetland impact proposed: 0.1895
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma) (linear feet) _ Before Impact (please seci
Impact # 2 Permanent/ 132.14 UT to Little Lick Creek 10 Perennial
culvert _ _-
Impact # 1 -
Permanent/ 68.61 UT to Little Lick Creek 2 Intermittent
culvert
_
v _1 .I, e
..t? ..A nriatM rin-ran.
* List each impact separately and identify temporary impacts. impacts Inauae, out arc not IIIOILCU to. ?.u......a u..w u????• - r -r•
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.usp,s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www topozone.coin
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 132.14 If. (peren.) +
68.61 If. (int.) = 200.75 linear feet.
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
* Area of
Name of Waterbody Type of Waterbody
estuary, sound,
pond
lake
(
Site Number Type of Impact Impact (if applicable) ,
,
ocean, etc.
bay
indicate on ma (acres) ,
NA NA NA NA NA
i: :. A . f.11 ravnfinn tlretlvin9-
* List each impact separately and identify temporary impacts. impacts Include, out are riot iu» nntvu ---
flooding, drainage, bulkheads, etc.
Page 4 of 8
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. 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.
A detailed delineation was conducted in order to developa site plan that minimized impacts.
Impact # 1 is necessary to access the area from the existing subdivision adjacent to the property.
Due to the location of the existing road east of the proposed project this impact could not be
avoided entirely. Impact # 2 was requested but not required by the city of Durham to meet
"interconnectivity" requirements among subdivisions. However, this impact could be avoided
using a cul-de-sac In the past the USACE has not always agreed that interconnectivity
ordinances justify the additional wetland impacts (i.e. the impact could be avoided). We are
reguestinE this impact because the city of Durham has made it a condition for PUD
approval; however, Durham has stated that if the Corps or DWQ denies the request for
impacts, they will amend the PUD to allow a cul-de-sac. Impact # 3 (buffer impact) is
necessary to tie into the existing sanitary sewer that will service the proposed subdivision. In
addition the applicant will utilize BMP devices for water treatment.
VII. 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 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
Page 5 of 8
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 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/ncwetiands/strmgide.liti-ni.
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.
Because impacts are below the thresholds that typically require mitigation and because
approximately 9 acres of wetlands will be preserved on-site we do not believe mitigation
should be required. However, if mitigation is required, we propose payment to the WRP.
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
[phone] 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.ne.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): NA _
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. 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
Page 6 of 8
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 El
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 ?
IX. 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
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify__ _ )?
Yes N 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
(square feet Multiplier Required
Mitigation
_
1 14,226 3 NA
2 10,552 1.5 NA
Total 24,778 NA
* Zone 1 extends out 30 feet perpendicular trom near oanK or cnannei; cone L cxicnu w,
additional 20 feet from the edge of Zone 1.
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.
Page 7 of 8
X. 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.
The site does not currently contain impervious surface Following construction the site will
contain less than 30% impervious surface therefore we do not believe a pre-approved
stormwater plan is required Moreover, because this site is located in a water supply watershed,
Durham regulations prohibit any development that exceeds 24% impervious. The applicant will
provide measures to insure that diffuse flow is achieved before stormwater enters the buffers as
well as maintain a riparian buffers
XI. 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.
Sanitary Sewer
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? No E
Is this an after-the-fact permit application?
Yes F-1 No®
XIII. 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).

/.Y.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
10/17/2003 09:10 919-465-3383 MACGREGOR DEV PAGE 02
Name:
Address
none.. -90. LUOS.
Project NamelDescription;
Date: l C 1 ?-? 03
The Departrant of the Army
U.S. Amy Corp of Tsngheere, W j" Disftt
PD. Sox 1x90
Wilmington, NC 28102
Attn:
F%W Offke:
Re: Wetlands Related Consulting and Permitting
To Whom It May Cwcem:
i, the current propubc owner, hereby designate and authorize Soil & gnvironramenbll Consultots, PA to
act in my behalf as my agent in the processing of permit applicstions, to futttfah upon request
supplenwntal information fun support of applications, etc, from this day forward. The - - -- day of
This notification supersedes any previous correspondence concerning the agent for this project,
d
NOTICE: This authorittation, for liability and professional coartesy reasons, is valid only for
Bova ument officials to enter the property when ac77.. EC ataf?f. You should caU S&EC
toTarran6e a site mttretiag prior to vis the site,
? a\ (SOLPtLL-1 IN<<?Lw?r?
Print Property Owner's Name Property Owner's Signature
cc: Mr. John Donley cc: Mr. Todd Preuninger
NCDJNR -- DWQ Soil & Fnvirmurteru1 Consultants, PA
2321 Crabtree Boukvard
Raldgh, NC 2760
29ti . 3oite C 3?17?-5 Low"dde DA" 622Coon ?Mw thin Lww
Concord. NC 28023 t7nWbor% NC 27435 7eylonville, NC Z1601
Phone: [phone] Phone: [phone] Rare [phone]
Fu: [phone] Fox: (336) $40.1235 Fox: (121) 633-320
U R#vsn MU%W Rv w . av.,
W".sae®C_cm
AGENT AUTHORIZATION POW
All, knb to Be P In 1W Thy-C"rl a 1ABL U?
Dil & Environmental Consultants, FA
1b.1 ' Narth Camlins 27614 - Phone: [phone] -fox. [phone]

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pMect N: Scale:
01-W5 1- =200" Figure 1- USGS
project Date'
Stone Hill Estates
Mgr.: SC 11112101 MacGregor Development
Durham, Durham Co. NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
Project is Scale:
014M 1" 1320 Figure 1- Soil Survey
Project Date: Soil & Environmental Consultants, PA
Mgr.: SC 11Nyo1 Stone Hill Estates 11010 Raven Ridge Rd. - Raleigh, NC 27614
MacGregor Development [phone] • [phone]
Durham, Durham Co. NC Web Page: www.SandEC.com
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
February 1, 2002
Sean Clark
S & E C, Inc.
11010 Raven Ridge Road
Raleigh, N. C. 27614
Subject: Neuse River Basin Riparian Buffer Rules
NBRRO 02-014
Stone Hill Estates
S & E C Project # 01-6635
Durham County
Dear Mr. Clark:
IEDVE
FEB - 8 2002
This letter will serve as confirmation of the buffer determinations made by S & E C at the subject property
referenced by the Raleigh Regional Office as NBRRO 02-014. The features represented on the Durham
County Soils and the USGS Durham East Quad maps were evaluated to determine their subjectivity to the
Neuse Buffer Rule.
There are ten stream features represented on the maps and depicted on S & E C's map as Features A through
J. Features A, B, E, G, I, and J are subject to protection under the Neuse River Basin: Nutrient Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
(NCAC 0233). These features are depicted on the map received by this Office December 19, 2001.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetland
and other impacts, please contact the Central Office at 733-1786. Thank you for your attention to this matter
and if this Office can be of any assistance or if you have additional questions, please do not hesitate to
contact us.
*Sincgely,
chell
Environmental Scientist
cc: RRO/John Dorney
Wake County
H:\nbrlet. for\neuse.buf\bufD2\stonhill.014
A&VZ4W'A .
". •f
NCDENR
NORTH CAROLINA DEPARTMENT OR
ENVIRONMENT AND NATURAL RESOURCES
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
PHASE I PHASE III to Off.
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FUTURE NORTHERN
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HWy 98 Y
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VICINITY MAP
MOT TO SCALE
SITE SUMMARY
DEIVEL OPER.
DURHY4M LAND ASSOCIATES L.L.C.
201 SHANNON OAKS CIRCLE
CAR., NC 27511
PHONE.- (919) 455-JJ12
FA)(- (919) 465-.338J
SITE AREA DATA
TAX MAP: 632-01 -015
PIN: 0851-01-26-0897
TAX MAP: 632E-06-022
PIN: 0851-01-15-9118

SITE
ZONING" AREA PROPOSED
IMPERVIOUS
AC SF SF %
PHASES I,II,III,IV R-20 113.218 4,931,782 1,183,600 23.99
NOTES:
ZONING: R-20
PROPOSED USE: SINGLE FAMILY RESIDENTIAL
SITE OUTSIDE OF CITY LIMIT
SITE INSIDE URBAN GROWTH AREA
DURHAM WATERSHED: F/J-B OVERLAY
STATE WATERSHED: NEUSE
WETLAND AREAS WERE DELINEATED BY SOIL & ENVIROMENTAL CONSULTANTS, PA.
40n PROJECT VICINITY MAP
R.L. HORVATH ASSOCIATES Stonehill Cluster - Phases I,II,III,IV Dr•wn By: NDA Dwg No.
16 CONSULTANT PLACE, SUITE 201 NC HWY 98 Chk B : I
DURHAM, NORTH CAROLINA 27707 Date: 09 15 03
919.490.4990 FAX [phone] Durham, North Carolina I of 8
Scale: 1 "= N A

IMPACT TYPE SO- FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z I 5,552 ----
Z2 4,750 ----
TOTAL 10,108
2 CH 264 68.61
3 JW ---- ----
\\' \ LOT 6 \ \ \
`` / r 68 LOT \ \ \ \ r
l1
\CHANNE;
IMPACT
#1 ZONE/ 2 r \ ESQ' STREAM BUFFER
?PACT
•?\ .. ? ;?;::;;,' \ LOTS 90 ?
LOT 69
--MP kAP APRON. \ \ ;? ? i:l 10? NO-BUO ZONE\
18 (L)x10 (W)x2'(J\)\ 4? ';I;;I 1, , \ ;\ \
89 \ \
ti: \
- \
6"0 RCP \ \? ?
, .. LOT 88
0NLY• E 1STfNG __.. ?,.. ....
\\\ --;DR"AO -,AR A...
". fQ. ENTER YSi'•EM-....
? LOT 86 --
., WETLAND IMPACT #1 SITE PLAN
R.L. HORVATH ASSOCIATES Stonehill Cluster Phases I,II,III,IV Darn By. NDA Dwg No
16 CONSULTANT PLACE, SUITE 201 Chk B : 3
NC Hwy 98 Date: 09/15/03
DURHAM, NORTH CAROLINA 27707
919.490.4990 FAX [phone] Durham, North Carolina Scale: 1 "= 40' 3 of 8

LOT, 75
LO 76
IMPACT
#2 ZONE 2
JURISDICTIONAL-
WETLANDS
CHANNEL

IMPACT TYPE SO- FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z1 8,254 ----
Z2 5,199 ----
TOTAL 13,453
2 CH 714 132.14
3 JW 8,254. ----
10' NO-BUILD ZONE
50' STREAM BUFFER
JURISDICTIONAL
WETLANDS
i
CHANNEL
Existing S/S Outfoll -?
I IMPACT
.(????5 #2 ZONE 1
V ?" `t\0,01 IMPACT
?Zv?2 ZONE
LOT
77
__ . - ...? ?. 50'_ S-LREAM BUFFER
10' NO-BUILQ..ZONE""
This crossing was requested b the City of Durham for the purpose of interconnectivity, ,
LOT 7 however, if the impacts are not approved Durhan>rwill allow the use of a cul-de-sac in
this location.
LOT ' 79
WETLAND IMPACT #2 SITE PLAN
drAgrAr A
RL. HORVATH ASSOCIATES Stonehill Cluster Phases I,Ii,III,IV Drwn By: NDA Dwg No
16 CONSULTANT PLACE, SUITE 201 Chk4
DURHAM, NORTH CAROLINA 27707 NC Hwy 98
919.490.4990- FAX [phone] Da Le. -- 09/15/03
4 of 8
Durham, North Carolina Scale: 1 56

IMPACT TYPE SO. FT. LINEAR FT.
LOCATION (CH and WL) (CH ONLY)
1 NB
Z 1 420 ----
Z2 603 ----
TOTAL 1.023
2 CH ---- ----
3 JW ---- ----

I I I Existin g S/S Easement

I I r° ' /
CHANNEL TOP
I I OF BANK \ / ,• /
I I IMPACT
#3 ZONE 1 / ?• r /

50.
.
IMPACT
(--
#3 ZONE 2-
_--,L---
-
-
I
T
" i
I ; I i I LOT 62
\ 1 I i LOT -63 I I
LOT 64...
\ LOT 65 I
rI
66
WETLAND IMPACT #3 SITE PLAN
U AMW
M20
RL. HORVATH ASSOCIATES Stonehill Cluster Phases I,II,III,IV Drwn By. NDA Dwg No
16 CONSULTANT PLACE. SUITE 201 NC Hwy 98 Chk B : 5
DURHAM, NORTH CAROLINA 27707 Date: 09/15/03
919.490.4990 FAX [phone] Durham, North Carolina 5 of 8
Scale: 1 "= 40'
/-- TOP OF PAVEMENT
36" DIA.
RCP
EXISTING STREAM BED -
ELEV. 307.75.
INVERT ELEV.
306.75_
RCP PROFILE IMPACT #1
R.L HORVATH ASSOCIATES STONEHILL CLUSTER PHASES I,II,III,IV Drwn By: NDA Dwg No,
16 CONSULTANT PLACE, SUITE 201 INC Hwy 98 Chk B : 6
DURHAM. NORTH CAROLINA 27707 Date: 09/15/03
919.490.4990 FAX [phone] Durham, North Carolina 6 of 8
Scale: N/A
TOP OF PAVEMENT
(3) 54" DIA. --?
CULVERT
EXISTING STREAM BED
ELEV. 295.5 -

INVERT ELEV.
294.5
gum% CULVERT PROFILE IMPACT #2
L. HORVATH ASSOCIATES STONEHILL CLUSTER PHASES I,II,III,IV Darn By: NDA Drug No
I CONSULTANT PLACE, SUITE 201 NC Hwy 98 Chk By: 7
IRHAM, NORTH CAROLINA 27707 Date: 09 15 03
3.490.4990 FAX [phone] Durham, North Carolina Scale: N/A 7 of 8
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SOIL & ENVIRONMENTAL GONSULTANTS, PA
NC Division of Water Quality
Tran # Invoice Type Date Reference
984 102403 Invoice 10/24/03 Permit App 6635W0
w'6r'A1VD8140j
OCT GROUP
WArE ?' 2003
RQtIAI/TyS,,C
T/0
016298
Check Number: 16298
Date: 10/24/03 Check Amt: $475.00
Balance Discount Pay Amount
$0.00 $0.00 $475.00
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Drwn By, N DA Dwg No. R.L. HORVATH ASSOCIATES Stonehill Cluster - Phases I,II,III,IV
1f; CONSULTANT PLACE, SUITE 201 Chk B : 7
DORHAM, NORTH CAROLINA 27707 INC Hwy 98 Date: 09/15/03 9'€9.490.4990 FAX [phone] Durham, North Carolina " 7 of 7
Scale: 1 = 100