20120041 Ver 2_Riparian Buffer Authorization_20170421 (2)

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1a. Name of project:
West Ellerbe Creek Greenway
1 b. County:
Durham
1c. Nearest municipality:
Durham
1 d. Subdivision name:
NA
1e. Is the project located in any of North Carolina's twenty coastal counties?
If yes, answer 1f below.
❑ Yes ® No
1f. Is the project located within a NC Division of Coastal Management Area of
Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a. Name on Recorded Deed:
City of Durham City of Durham North Pointe Development Associates, LP
2b. Deed Book and Page No.
DB 120 PG 505 DB 74 PG 589 DB 2240 PG 885
2a. Name on Recorded Deed:
North Pointe - CGL, LLC Bouwfonds North Pointe, LP.
2b. Deed Book and Page No.
DB 3179 PG 223 D65238 PG 814
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
2d. Responsible Party
for Corporations):
Jessica Kemp
2e. Street address:
2011 Fay Street
2f. City, state, zip:
Durham, NC 27701
2g. Telephone no.:
919-560-4197
2h. Fax no.:
919-560-4970
2i. Email address:
[e-mail]
3.
Applicant Information (if different from owner)
3a. Applicant is:
® Agent ❑ Other, specify:
3b. Name:
Jessica Kemp
3c. Business name
if applicable):
General Services, City of Durham
3d. Street address:
2011 Fay Street
3e. City, state, zip:
Durham, NC 27701
3f. Telephone no.:
919-560-4197
3g. Fax no.:
919-560-4970
3h. Email address:
[e-mail]
4.
Agent/Consultant Information (if applicable)
4a. Name:
Robert Williams
4b. Business name
(if applicable):
Stewart
4c. Street address:
421 Fayetteville, Ste 400
4d. City, state, zip:
Raleigh, NC 27601
4e. Telephone no.:
919-866-4826
4f. Fax no.:
919-380-8752
4g. Email address:
[e-mail]
FORM: BA 10-2013 Page 1 of 6

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
6 Parcels: 0822-06-38-1047; 0822-06-38-6309;
0822-07-48-7739;0822-07-59-2583;0823-07-50-7508;
0823-19-61-1449
1b. Site coordinates (in decimal degrees):
Latitude: 36.02534 Longitude: -78.92178
1c. Property size:
6 Parcels: = 1.828+2.041+14.218+18.066+38.490+5.863
= 80.506 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Ellerbe Creek
2b. Water Quality Classification of nearest receiving water:
WS -Iv
2c. River basin:
Neuse
FORM: BA 10-2013 Page 2 of 6

3. Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
The existing conditions along the project route vary from parcel to parcel. The City of Durham parcels (0822-06-38-1047, 0822-06-
38-6309) are open space parcels. One parcel contains Westover Park, and the other is undeveloped with the exception of a water
line crossing the parcel parallel to Ellerbe Creek. Both areas are routinely maintained (mowed).
Two parcels contain large commercial shopping centers (0822-07-48-7739. 0822-07-59-2583). Construction on both parcels would
have involved mass grading, as large amounts of fill were added to the sites during their development. Approximately 69% of
these parcels are impervious. The width of the undisturbed land between the stream bank and the development is approximately
100-120 feet.
One of the parcels (0823-07-50-7508) has been developed as an apartment complex. Extensive grading has occurred on the
parcel in the past to allow for the construction of the complex. Approximately 35% of this parcel is considered impervious. The
width of the undisturbed land between the stream bank and the development varies but in all cases is greater than 120 feet.
The remaining parcel (0823-19-61-1449) contains a business/office building. The existing building is located very close to the
stream, with one corner of the building located within Buffer Zone 2. Approximately 18% of this parcel is considered impervious.
3b.
Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site
3c.
Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
168 LF — Not including Ellerbe Creek 5809 LF including Ellerbe Creek
3e.
Explain the purpose of the proposed project:
Durham's Ellerbe Creek Greenway project will connect to the City of Durham's existing greenway system in Westover Park. The
trail will provide a link from the existing Ellerbe Creek Greenway trail system to Stadium Drive. The trail will connect recreational,
residential, and commercial nodes providing an alternative mode of transportation and increasing recreational opportunities.
3f.
Describe the overall project in detail, including the type of equipment to be used:
The project involves construction of approximately 0.9 miles of a new 10 -feet wide asphalt paved trail. 90% of the trail will be
located in previously disturbed, and/or maintained areas. The project begins at Westover Park, where it connects to the existing
greenway system. The trail travels northward, crossing Guess Road (NC 157), and an undeveloped parcel before crossing under I-
85 in an existing pedestrian culvert that was installed when 1-85 was widened. From the crossing the trail continues northward
generally following along the base of the existing retaining walls that were installed during the shopping center construction.
When the trail exits the shopping center property and enters the apartment complex property, it generally follows a maintained City
of Durham Sewer and Water easement. At the north end of the apartment complex property, the trail exits the utility easements,
and follows the graded slope until it connects with Broad Street. Additional sidewalk is proposed along Broad Street to complete
the connection to Stadium Drive.
The project contains no stream crossing or piping of streams. To minimize environmental impacts, the trail has been
designed to avoid all delineated streams and wetlands, and to maintain existing drainage patterns to the greatest extent
possible. The design and super elevation (pitch) of the trail provides sheet flow to the greatest extent possible.
Boardwalks:
Boardwalks are used extensively throughout the project to maintain existing drainage patterns, and to allow existing storm drain
channels and outlets to remain undisturbed.
Pipes:
All pipes and rip rap dissipater pads are the existing condition. There is one location where we are lowering an existing storm drain
outlet near North Pointe Drive (Near Station 37+12.27). This is being accomplished by inserting a junction box, and lowering the
pipe from the invert to the junction box. This will lessen the slope of the pipe from the junction box to the outlet. The existing rip rap
pad associated with this outlet will remain. Any disturbance associated with the existing rip rap pad will occur outside of buffer zone
2.
The contractor selected for the project will determine the equipment used on the project. However, trail construction contractors
generally use small paving machines and earth moving equipment which have lower impacts to the project area than traditional
highway construction equipment. Multiple construction entrances have been identified to minimize trip distance of equipment,
Nationwide Permit 14 General Conditions have been included in construction documents to direct contract operation in the vicinity
of wetlands.
FORM: BA 10-2013 Page 3 of 6

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
® Yes ❑ No ❑ Unknown
the Corps or State been requested or obtained for this
Comments:
property/ project(including all priorphases) in thepast?
4b. If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: Environmental
Name (if known): Eric Alsmeyer USACE (5/5/2010)
Services, Inc.
Robert Turnbull, Todd Milam (March 2010)
Other:
4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
Jurisdictional Determinations were made by Eric Alsmeyer of USACE on 5/5/2010 and reissued 7/29/2016.
An on-site meeting was conducted by Environmental Services, Inc. with Eric Alsmeyer of USACE, and Martin
Richmond of NCDWQ to review the jurisdictional delineation for the project.
5. Project History
5a. Have permits or certifications been requested or obtained
® Yes ❑ No ❑ Unknown
for this project(including all priorphases) in thepast?
Cut/Fill
5b. If yes, explain and detail according to "help file" instructions.
Preconstruction Notification approval for the project was obtained on April 2, 2012 (DWQ Project # 12 -
0041). Construction has been delayed and applicant seeking `re -approval'. Construction is scheduled to
begin as soon as DEQ approval is secured.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
The site plan has been broken into 3 sections to meet Durham site plan review guidelines, however,
the project will be constructed in its entirety.
C. Proposed Impacts Inventory
1. Buffer Impacts
1a. Project is in which protected basin?
® Neuse ❑ Tar -Pamlico
❑ Randleman ❑ Jordan
❑ Catawba
❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of
this form.
Buffer impact
number-
Permanent (P)
or Temporary
T
Reason for
impact
Type of impact
(exempt, allowable,
allowable w/
mitigation)
Stream name
Buffer
mitigation
required?
Zone 1
impact
(sq ft)
Zone 2
impact
(sq ft)
B1 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
487.05
1461.12
B2 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
667.15
686.14
B3 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
6625.70
6902.01
B4 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
7273.66
8104.46
B5 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
0.00
314.18
B6 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
43.36
765.40
B7 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
0.00
862.08
B8 ® P ❑ T
Cut/Fill
Allowable
Ellerbe Creek
❑ Yes ® No
767.26
500.84
Total buffer impacts
15864.18
19596.23
1 c. Comments: Greenway trails are an allowable use within the buffer zones. The trail and culverts are designed to
only allow flow for which is naturally conveyed through existing draws in the land.
FORM: BA 10-2013 Page 4 of 6

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The horizontal alignment adjusts accordingly to avoid impacts to delineated streams and wetlands and to minimize
buffer impacts to the greatest extent possible. The trail itself matches grade where possible to minimize the amount of
cut and fill, therefore, avoiding or minimizing impacts. Boardwalks are used extensively throughout the project to
maintain existing drainage patterns, and to allow existing storm drain channels and outlets to remain undisturbed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques.
The contractor shall be responsible for minimizing the impacts through construction techniques. However, the bid
specification includes the use of construction mats in sensitive areas, small paving machines and generally low impact
machines to be used on the project in sensitive areas. Construction entrances are readily available at each end of
each segment of trail which will minimize trip distances of heavy equipment. Nationwide 14 General Conditions have
been included in constructionspecifications.
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that
❑ Yes ® No
requires buffer mitigation?
2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact Multiplier
Required mitigation
(square feet
square feet
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS
❑ Yes ❑ No
proposed?
2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS.
2e. If no, then discuss what type of mitigation is proposed.
2f. Comments:
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
❑ Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
Manual and attach a BMP Supplement Form.
The project matches the existing drainage pattern. Boardwalks are used to avoid
changes to any of the existing drainage draws. Existing pipes and dissipater pads
will remain as is.
FORM: BA 10-2013 Page 5 of 6

F. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the
Yes No
use of public federal/state land?
1 b. If you answered "yes" to the above, does the project require preparation of an
® Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act NEPA/SEPA ?
1c. If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ® No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments: This is a federally funded project through NCDOT. The
Programmatic Categorical Exclusion Approval is attached.
2. Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated
❑ Yes ® No
Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards,
or Riparian Buffer Rules 15A NCAC 02B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Applicant/Agent's Printed'Name
is valid only if an authorizatbn letter from the applicant is
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent by
First Class Mail via the US Postal Service:
NC DWR, Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
For all other projects sent by First Class Mail via
the US Postal Service
Date
For government transportation projects sent by
delivery service (UPS, FedEx, etc.):
OR NC DWR, Transportation Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
For all other projects sent by delivery service
(UPS, FedEx, etc.):
Karen Higgins Karen Higgins
NCDWR-401 & Buffer Permitting Branch OR NCDWR-401 & Buffer Permitting Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 - 1617 Raleigh, NC 27604
FORM: BA 10-2013 Page 6 of 6