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Home My WebLink About20081095 Ver 2_401 Application_20090209 ~9 SPANGLER ENVIRONMENTAL, INC. Land Planning . Permitting . Environmental Consulting . Construction Management . Expert Testimony LETTER OF TRANSMITTAL ,r;J ~ (c?, f~ Ull tVI f ~ @'. .\ \ 1..::.1\...:./ L:::J \..; L5 \ n Uu IV FEB .2 7 2009 2-/Z~b f :I:t1l U",I(,')d/I Company Name: Nt 1)C'N~. DWt;. c.tDI/wETVW'f)~ . -;JiM Sf#vG-ud- RE: 7)wa Date: Name: DENR. WATER QUALITY YlETLAr(DSAND STORMWATER BRNICrl SEI#: t)g-/09~ V~ .'~" (- ~ From: WE ARE SENDING YOU: )CJ Attached Under Separate Cover via Shop Drawings Specifications Invoices Letters Change Order Reproducibles Reports Computer Disk Samples COPIES I J If DESCRIPTION ~,~.,. ~II' .. J .J J. /' · pc.,v, ",iN tJ~tl".b, ~l41M~ 'fn>Nf elV'h.eJ-" OS vj,.,;1f..4 . THESE ARE TRANSMITTED as checked below: t/"'" For Approval _ Approved as Submitted For Your Use _Approved as Noted ~s Requested Return for Corrections For Review & Comment FOR BIDS DUE Resubmit Submit Return Copies for Approval Copies for Distribution Corrected Prints Other /Iut~ cd IJU SIGNED: cc: ~k~aII- (j;'I.,~ ac. Ian oad Raleigh, N.C. 27609 tel 919-875-4288 fa~~-875-4287 ~ /I;~~ .1tSdc Wilmington, N.C. 28403 tel 910-343-9375 fax 919-343-8351 1-866-SPANGLER www.spanglerenvironmental.com ~ SPANGLER ENVIRONMENTAL, INC. Environmental Planning Environmental Permitting Environmental Consulting Environmental Construction Management Expert Testimony February 25, 2009 Mr. Ian McMillan NC DWQ-40llWetlands Crabtree Blvd. Office-Raleigh VIA HAND DELIVERY RE: Greenway/Johnson Property, Durham County DWQ # 08-1095 Dear Ian, Thank you for the return phone call earlier this week. Please find attached are-submittal of#08-1095 using the new DWQ/Corps PCN form. Included with the form is supporting documentation that was earlier submitted, in response to comments received from earlier submittals to DWQ in 2008. While we understand that because of the delay in responding to DWQ with engineering plans in 2008 this project was required to make a "new" application, I trust that the history of the responses to DWQ concerns is still available to your office in the noted project file, thus facilitating a quick approval of this application. Also, please fmd attached the check for the permit fee that was stamped received by your office with the earlier submittal. Please contact me should you have any questions. Sincerely, SP ANGLER ENVIRONMENTAL, INC. As Agent fo e Applicant, Cimland, LLC gler, CEI, A.M.ASCE -" nr1 rr"" f:\ Q~0>....... r~lU\\1 ~ If;\ \ ;) L'::J ,::; t.:::l u '" ~ I\\~ u FEB 2 7 2009 DENR - WA'fIOR C'W,LllY AA"IC~\ WETLJo.1mS ~ND STORMWATER B ' 4338 Bland Road Raleigh, N.C. 27609 phone 919-875-4288 fax 919-875-4287 3961-B Market Street Wilmington, N.C. 28403 phone 910-343-9375 fax 910-343-8351 1-866-SP ANGLER www.spanglerenvironmental.com 1m O~","~WA"'I2IYOc.. os y - r > - - -I o ~ SPUD y- Office Use Only: Corps action 10 no. DWQ project no. DB. loqS V J,. Form Version 1.3 Dee 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information NOTE: THIS IS A RE-SUBMITTAL OF DWQ # 08-1095 USING THE NEW 2009 FORM. PREVIOUS COMMENTS AND DWQ REQUESTS ARE ADDRESSED IN THE ATTACHED EARLIER SUBMITTAL STAMPED IN BY DWQ ON JANUARY 28, 2009, WHICH WAS ITSELF A RE-SUBMITTAL OF ADDITIONAL INFORMATION REQUESTED BY DWQ IN FALL OF 2008, AFTER REVIEW OF ORIGINAL APPLICATION MADE IN JULY, 2008. 1. Processing 1 a. Type( s) of approval sought from the X Section 404 Permit D Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? X Yes DNo 1d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification - Regular D Non-404 Jurisdictional General Permit D 401 Water Quality Certification - Express X Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: DYes XNo X Yes DNo H. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation X Yes DNo of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h DYes XNo below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? DYes XNo 2. Project Information 2a. Name of project: Greenway-Johnson Property 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: Greenway 2e. NCDOT only, T.IP. or state N/A project no: Page 1 of 11 peN Form - Version 1.3 December 10,2008 Version 3. Owner Information ."~ ..., ..~'",...';'. t'~ J 3a. Name(s) on Recorded Deed: Cimland, LLC ....~A_....,'.'.'tfI6...... '.~' ....~ 3b. Deed Book and Page No. PIN # 0841-02-85-7675 3c. Responsible Party (for LLC if S. Craig Morrison applicable ): 3d. Street address: 2330 Operation Drive 3e. City, state, zip: Durham, NC 27705 3f. Telephone no.: 919-382-2880 3g. Fax no.: 3h. Email address: Craig. morrison@cimmarronhomes.com 4. Applicant Information (if different from owner) 4a. Applicant is: Agent D Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: James A. Spangler 5b. Business name Spangler Environmental, Inc. (if applicable): 5c. Street address: 4338 Bland Road 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919-875-4288 5f. Fax no.: 919-875-4287 5g. Email address: jspangler@spanglerenvironmental.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parceIID): Durham: 0841-02-85-7675 1 b. Site coordinates (in decimal degrees): Latitude: 35.99100 N Longitude: - 78.8347OW (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 14.33 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Little Lick Creek proposed project: 2b. Water Quality Classification of nearest receiving water: NSW 2c. River basin: Neuse 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: Site is undeveloped, pine and scrub. Surrounding land use is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.75 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,000 If 3d. Explain the purpose of the proposed project: Utility line, retaining wall/cul-de-sac, and storm outlet erosion protection for 53-unit townhouse residential development 3e. Describe the overall project in detail, including the type of equipment to be used: Three areas of impact are proposed for this project: 1. Connection of proposed sanitary sewer to existing outfall south of the project site (360 sq. ft. Neuse Buffer Zone 2); 2. Cul-de-sac construction and retaining wall to eliminate sideslope wetland impacts (0.23 ac. Non-tidal forested wetland); 3. Grading and storm outlet erosion protection (rip-rap) associated with road construction (0.02 ac. Non-tidal forested wetland). Mechanical equipment shall be used. Erosion control plans have been approved by Durham 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: NRB origin determination by Lauren Witherspoon X Yes DNo D Unknown of DWQ RRO on 10-9-07. Corps JD of Stream and wetland presence confirmed by Eric Alsmeyer 2007. Corps waived jurisdiction of pond. 4b. If the Corps made the jurisdictional determination, what type X Preliminary D Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Spangler Env. Inc. Name (if known): S&EC, confirmed by Spangler Env. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 10-9-07. Documentation Attached. 5. Project History 5a. Have permits or certifications been requested or obtained for DYes XNo D Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. See DWQ File # 08-1095 Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? I DYes XNo 6b. If yes, explain. Page 4 of 11 c. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): X Wetlands X Streams - tributaries X Buffers o Open Waters o Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temoorarv (T) W1 X POT Road grading and PF01 A X Yes X Corps 0.23 retaining wall ONo XDWQ Road grading and X Yes X Corps W2 X POT storm drain rip-rap Scrub/forested ONo XDWQ 0.02 outfall W3 0 POT o Yes o Corps ONo ODWQ W4 0 POT o Yes o Corps ONo ODWQ W5 0 POT o Yes o Corps ONo ODWQ W6 0 POT o Yes o Corps ONo ODWQ 2g. Total wetland impacts 0.25 2h. Comments: Impact minimization has been documented through earlier submittals of DWQ # 08-1095 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 0 POT OPER o Corps OINT ODWQ S2 0 POT OPER o Corps OINT ODWQ S3 0 POT OPER o Corps OINT ODWQ S40POT OPER o Corps OINT ODWQ S5 0 POT OPER o Corps OINT ODWQ S6 0 POT o PER o Corps OINT ODWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individuallv list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 0 POT 02 D POT 03 0 POT 04 0 POT 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond 10 Wetland Impacts (acres) Stream Impacts (feet) Upland Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? o Yes ONo If yes, permit 10 no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If anv imoacts reauire mitigation, then yOU MUST fill out Section 0 of this form. 6a. o Neuse o Tar-Pamlico o Other: Project is in which protected basin? o Catawba o Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) imoact required? B1 X POT Utility UT to Lick Creek X Yes 0 360 line ONo B2 OPOT o Yes ONo B3 OPOT o Yes ONo 6h. Total buffer impacts 6i. Comments: Page 6 of 11 . . 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 project layout and design is the only alternative capable of meeting all local government ordinances related to road and utility construction. The largest impact to wetlands on this project results from local emergency/safety requirements for a turn-around design for a cul-de-sac. The project is required to tie to the existing sanitary sewer line which exists in the Neuse River Buffer. Retaining walls are being used to minimize wetland impacts from roadway side slopes. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Clearing of the buffer will be minimized to 360 sf or less. Appropriate BMPs will be installed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for X Yes DNo impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): X DWQ D Corps D Mitigation bank 2c. If yes, which mitigation option will be used for this X Payment to in-lieu fee program project? D Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type I Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: D warm Dcool Dcold 4d. Buffer mitigation requested (DWQ only): 540 square feet 4e. Riparian wetland mitigation requested: 0.5 acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10,2008 Version . . 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires X Yes DNo buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 Utility line 360 1.5 540 6f. Total buffer mitigation required: 540 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). EEP, payment in lieu. 6h. Comments: Page 8 of 11 . . E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified X Yes DNo within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. X Yes DNo Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? X Yes DNo 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Approved by Durham City/County (See DWQ # 08-1095) X Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? D DWQ Stormwater Program D DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Durham X Phase II 3b. Which of the following locally-implemented stormwater management programs XNSW D USMP apply (check all that apply): D Water Supply Watershed D Other: 3c. Has the approved Stormwater Management Plan with proof of approval been DYes XNo attached? Previously submitted (DWQ 08-1095) 4. DWQ Stormwater Program Review D Coastal counties D HQW 4a. Which of the following state-implemented stormwater management programs apply D ORW (check all that apply): D Session Law 2006-246 D Other: 4b. Has the approved Stormwater Management Plan with proof of approval been DYes DNo attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? DYes DNo 5b. Have all of the 401 Unit submittal requirements been met? DYes DNo Page 9 of 11 PCN Form - Version 1.3 December 10,2008 Version . . F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the DYes IZI No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State DYes DNo (North Carolina) Environmental Policy Act (NEPAlSEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval DYes DNo letter. ) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, DYes IZI No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? DYes IZI No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in DYes IZI No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Ties to existing Durham sewer main. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version . . 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or DYes ~No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ~Yes DNo impacts? ~ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. D Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Field reconnaissance 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? DYes ~No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Field reconnaissance 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation DYes ~No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? field reconnaissance--site already cleared and in agriculture 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? DYes ~No 8b. If yes, explain how project meets FEMA requirements: 8e. What souree(s) did you use to make the floodplain determination? James A. Spangler I as Agent for the Owner/Applicant, / 2/25/09 -- - 7 Cimland, LLC /~ X,.., ",l", Ap~ icalWAgent's Signature Date ApplicanUAgent's Printed Name (Agent's signat . ic:: \I~ld only if an authorization letter from the applicant is provided.) Page 11 of 11 ~ Horvath Associates, PA Civil Engineers' Planners. Landscape Architects 16 Consultant Place Ste. 201 Durham, NC 27707 PO. Box 51806 Durham, NC 27717-1806 (919) 490-4990 Fax (919) 490-8953 [SBlJlJB~ @[? lJ~~@~DlJlJ&[1" TO C Y.N D i ILAIZO L Y Nt, DtPA RTME;JT OF NATtJiZAL RESQU'? (...65 2..}>2/ L.flA.ET~~E BLVP, SV;,E ..25u , g,~LEIGH NL 27G04 ) RE: JOB NO. 0 S II DATE j / ATTENTION WE ARE SENDING YOU attached via JAN 2 8 2009 the following items: D Shop drawings D Plans D Specifications D OENR WATER.QUAUTY~ r: WETLANDS ,t.,ND STORMWATER oRN.t..H COPIES DATE NO. DESCRIPTION D R.E& 5 LE V '0L ~/:>'<~A D E f( (AL-C-I/L-A JID.tJS 5 Le- tJ f L-- 5,. PRSAV /3. R Pt..A;vI _S " tOt/O ..- C U.;: _'5 ~- E r II [400 - GilA PIAl 6""N / Pj2AljVfi 6-E. "J....A N " L1 /0 - LtV E.. .>f,2.eA DE f< j)~TAIL > ...s .-l - P PA/;v A6-F A1 P L ~I Fe k: IAJ A}Ao v,NT o Fo)2 R[tJ THESE ARE TRANSMITTED as checked below: D For approval D For your use D As requested o For review and comment D REMARKS PLEASE NUTIFY V'> 1J1/t1EDIA7EL Y IF AAJ'(T/-JiA/C- /~ ;t11t7s/ N 6 F!< OM TH!> ~ v g M / T 7A. L COPY TO ~ ," "/'... /j / . " ",>~ //"j SIGNED . ~ (~ .~ If enclosures are not as noted, kindly notify us at once. f>9 SPANGLER ENVIRONMENTAL. INC. Land Planning · Permitting . Environmental Consulting Construction Management · Expert Testimony January 6, 2009 NC Department of Natural Resources Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Re: Greenway - Johnson Property Durham County, North Carolina DWQ Project # 08-1095 [O)g@~O\{lf~ @ ~ I~ r......' JAN 2 8 2009 DENR. WATE:R QUALI!) ~~TLANDSANDSTORM\~~TERB~~CH Ms. Karoly: Spangler Environmental, Inc. (SEI) on behalf of Cimland, LLC is re-submitting this PCN package for the 14.33 acre site referred to as Greenway - Johnson Property, located along Chandler Road, north ofNC 98 in Durham, North Carolina. SEI is requesting your approval for impacts to 0.25 acres of wetlands and 0.01 acres to the Neuse Buffer located on-site. SEI has had a confirmation done in the field by DWQ personnel on the limits of the Neuse Buffer and has included that information in this package. Also a confirmation on the location of the wetlands on-site has been conducted in the tield by the United States Army Corps of Engineers (US ACE), although an official Jurisdictional Determination has not been processed at this time. Included in this package are copies of the PCN and necessary attachments needed to move forward. The following materials are enclosed to assist you in processing our request: 1. peN Application 2. NC DWQ Application Fee Payment (not included in USACE copy) 3. Project Location Map 4. Soils Map 5. Topo Map 6. Aerial Map 7. Neuse Buffer Stream Call Letters 8. Buffer & Wetland Impact Exhibits 9. Complete set of full size plans (County Approved) 10. EEP In-Lieu Acceptance Letter for mitigation -D'8 HI,illd Rlldd R.llclgh, \,C 270119 tt'! 919.3.ltl'IC3-l fax 91l.J.5-i6-n757 \ll(ll.1) \lMkt't SlrpPI \Vilminglon. '\.C. 2840.' It'! 9H1- q '-9.'73 1",4](1 ''>-I >'.iI >'~I l-Rt>",-SP'\\,CLER \\ww.spangli>f('mimrulll'nl"l.cOIl1 Greenway - Johnson Property Page 2 The impacts proposed for this development are required for the construction of roads and the sanitary sewer line. See the table below for a detailed list of the impacts on-site: Resource to be Impacted Impact Type -- Area of Impacts Nontidal Wetland Permanent 0.25-ac. / 10,562-s.[. Zone 1 Neuse Buffer Permanent I i none Zone 2 Neuse Buffer Permanent 0.0 l-ac. / 360-s.f. If you have any questions, or require additional information. please contact me at 919-875-4288. Sincerely, Spangler Environmental, Inc. ~ ~--v Thomas King Project Environmental Scientist Enclosures cc: File 69 SPANGLER ENVIRONMENTAL. INC. Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ~ Section 404 Permit ~ Riparian or Watershed Buffer Rules D Section 10 Permit D Isolated Wetland Permit from DWQ ~ 401 Water Quality Certification D Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 / WQC-3705 3. If this notification is solely a courtesy copy because \vritten approval for the 401 Certification is not required, check here: D 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ~ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: D 1. Owner/Applicant Information . . Name: Cimland LLC. ~. c.r'~ H..crrlbOrn.- Mailing Address: 2330 Operations Drive, Durham, NC 27705 ~@,@rg"wg~ - JAN 2. 8 2009 II. Applicant Information 9C;~R - WAlE\'l. Q~~~ oR1~C~\ WEi\J>,NDS P-,NO SiOY,~~~ . Telephone Number: 919-382-2880 E-mail Address: Fax Number: 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: Spangler Environmental. Inc. Company Affiliation: Mailing Address: 224 Fayetteville Street. Suite 400. Raleig.h. NC 27601 Telephone Number: 919-546-0754 Fax Number: 919-546-0757 E-mail Address:tking@spanglerenvironmental.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page I ors 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: Greenway - Johnson property 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0841-02-85-7675 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Greenway Directions to site (include road numbers/names, landmarks, etc.): From Raleigh: Take Glennwood A "e. north to Hallowav St. Turn right onto Halloway and proceed east, to Chandler Road. Turn Left on Chandler rd. and turn right on Greenmount Drive. Proiect site is located at the end of Greenrnount Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.99100 N 78.83470 W 6. Property size (acres): 14.33 Acres 7. Name of nearest receiving body of water: Little Lick Creek 8. River Basin: Neuse River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/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 and adioining properties to the north and south are undeveloped. The surrounding land use is residential in nature. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed proiect consists of a 53-unit townhouse development. The site is currently undeveloped and will require the proper infrastructure to support the development (i.e. roads, utilities) See attached drawings for details. Page 2 of8 11. Explain the purpose of the proposed work: The purpose of the work is to develop the proiect in order to provide residential homes for the expanding Durham area population. The proiect site will be tied into the surrounding area by connecting to existing city sanitary sewer and water lines. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and butTer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Neuse Buffer stream origin field determination was done on 10-9- 2007 by Lauren Witherspoon of DWQ RRO. Copies of this determination is attached with this document. The USACE has not issued an official JD for this site but Eric Alsmeyer of the USACE has reviewed the site in the field and determined the pond located to the south was not jurisdictional. but that the stream located north of the pond are iurisdictional V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit reQuests are anticipated for this project in the future. Any additional development of the site will be constructed to avoid further impacts to wetlands/waterways. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and streanl channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, pemlanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation. list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Three areas of impacts are proposed for the development of the proiect site. Impact # 1 is associated with the connection of the proposed sanitary sewer line to the existing sewer line located to the south of the site. In order to connect to the existing line the proposed sanitary sewer line must impact 360 sq. ft. of Neuse Buffer. Impact #2 is associated \\/ith the construction and grading of the cuI-dc-sac at the end of Page 3 of8 Flatstone Ct. and a retaining wall and associated grading required for the community dumpster location. Impact #2 is for the permanent impact to 0.23-ac. of non-tidal wetlands. Impact #3 consists of 0.02-ac. of wetland impacts associated with the grading required for the construction of Greenmount Drive and a rip-rap stormdrain outfall. I. Individually list wetland impacts. Types of impacts include, but are not mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. I r' d b h d fl d' limited to F or dams, separate y 1st Impacts ue to ot structure an 00 mg. Wetland Impact Type of Wetland Located within Distance to Arca of 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh. Floodplain Stream (acres) (indicate on map) herbaceous. bog, etc.) (yes/no) (linear feet) Impact # I -- -- -- -- -- Permanent - Road. Impact #2 grading. & retaining Forested Wetland Yes - 70 I.f. 0.23 wall Permanent - Road. Impact #3 grading. & stormdrain Forested Wetland Yes (partial) -1501.f. 0.02 outfall --.. Total Wetland Impact (acres) 0.25 - 2. List the total acreage (estimated) of all existing wetlands on the property: 0.75 3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams t b . I d d T I I I . I I h X 'd I h d"d b 43 560 mus e mc u e o ca cu ate acreage, mu tIP Y engt WI t 1. t en IVl e y , Stream Impacl Perennial or Average Impact Area of Number Stream Name Type of 1m pac I Intermittent? Strcam Width Lenbrth Impact (indicate on map) Before Impact (linear feet) ( acres) --- f-. I Total Stream Impact (by length and acreage) --.---.. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in , floodin , draina c, bulkheads, etc. Open Water Impact Type of Waterbody Name of Waterbody Site Number (if applicable) Type ofImpact (lake, pond, estuary, sound, bay, (indicate on ma ) ocean, etc.) Area of Impact (acres) I I 1=--- Total Open Water Impact (acres) Page 4 of8 5. List t he cumulative impact to all Waters of t e . resu tmg rom t e prolect: Stream Impact (acres): - Wetland Impact (acres): 0.75-ac. Open Water Impact (acres): - Total Impact to Waters of the U.S. (acres)__ - Total Stream Impact (linear feet): - - h US I' fi h 6. Isolated Waters Do any isolated waters exist on the property? DYes rg] No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been deternlined to be isolated by the USACE. 7. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): D uplands D stream D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local storm water requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide infornlation related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proiect as proposed is the only alternative capable of meeting all governmcnt ordinances and accessibility issues. The agent is rCQuired to tie in to the closest sanitary sewer system. which is located within the Neuse Buffer to the south of the site. Multiple retaining walls are proposed in the design of the site in order to reduce the acreage of wetland impacts. The largest amount of wetland impacts on-site are associated with the road turn-around located on to the north. This turnaround is required for emergency vehicle turnarounds. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page50f8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the sizc of the project; establishing and maintaining wetland and/or upland vegetated butJers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by crcating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is requircd for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h20.em.state.nc.us/nev''etlands/stnngide .htm I. 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 (rcstoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation includes pavment into the States EEP. See details below. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and \\Titten approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attachcd to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/v.Tp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page live and provide the following information: Amount of stream mitigation requested (linear feet): Amount of butTer mitigation requested (square feet): 360 Amount of Riparian wetland mitigation requested (acres): 0.25 Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Page 6 of8 1. Does the project involve an expenditure of public (federallstatcllocal) funds or the use of public (federal/state) land? Yes D No ~ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes D No [gl 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes D No [gl X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine. delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), l5A NCAC 2B .0259 (Tar-Pamlico), l5A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply BufTer Requirements), or other (please identify Neuse Buffer Rules Yes [gl No 0 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the bufn I . r er mu tlpllers. Zone. Impact Multiplier Required ----. ,-...--,.----." (square feet) -'-'--. Mitigation I -- -- n -- 2 360 1.5 540 Total 360 540 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel: Zone 2 extends an additional 20 feet from the edge of Zone I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement. or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Payment into the NCEEP. The acceptance letter will be forwarded under a separate cover. XI. Storrnwater (required by DWQ) Page 7 of8 Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss storm water controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Please refer to the enclosed construction plans for information regarding stormwater management proposed on-site. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proiect proposes to tie into the existing city sanitary sewer line located to the south of the proiect site XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Yes D No rzJ Is this an aftcr-the-fact permit application? Yes D No rzJ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes D No ~ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h20.cnr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proiect will result in additional development, but will closch' follow all required stormwater BMP's and any other ordinance required for reducine and minimizing impacts to the environment. The remaining resources on-site, not impacting during the sites initial development. will be avoided during future development of the site. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). I ~~- ~~. 7- 13e>:) ..-- ...---=- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of8 M,chae: f- E:as'ey Governo' (,,, WATEL'. ~ ~,r (', .~~ I n\~~> -:!{~c '~.' ::: "- ' William G Rc'ss. Jr SeCfe\a'f North Carol"a uepaftme'1t af En. ironment and Nal,lIal Resources RECEIVED DCI r, .2DDl CJ:eer: Swi,ns DIrector D ~ISi0r '.If Walel Qualitv Octoher I O. 2tllJ~ Spangkr lm 1I,1nm~'rl!..I1 It,,,, \tm Wtll RatclJtk ~2..\ L.I)c'lk\ilk Slr.;d. St.lh:lOII Rdklgh :--'C ~'i(,\) I "HRR()O~.'::::;I llurhal1l (\'Ullt. 1\\'-1'. '"':,,hc l\llc'i X I 1 ~ ,-\ \ \\ l ~ iI (\::: I I JI,P,unlk(l '!..;;"\ "<{ \(" .~t~ j :'l)j ( \l JJ\ P I.Ul1t "..._.,._,-~._,.. Incidcnt" \,( )\ BUlkr [kklr1lHlJllUIl '\PE~.~~I.~~: x Pr~\lt.:'...:t ;\atll~' '1 hl' Juhnsonl rach ! Ul.llldll Ulrellhll1, \ iL<;'LJJ.l.'I_l:,~\.~';il.II': lu".lI<.'<Ji-,\\nlLQL\j.Qlli2~'A).::-US:<':\ i \( 1)81 \\c'~l Qllh.: H11<.'1'"liIIQ "I \'Jill.h'ILg~,.\d !iriJ "ub,lell Slream 1 ! hI 1m!.: I.,,\., ( led Hatc of Detcrmination: lUN/lli t\.'dttlf('i ~: \d "uhlt.'\. I ":JhJC'Cl "IM1 <l 'tllP(i '-,trl';\1ll 1"11. I'h '1):1 )un.:\ lIS(J'i lopn A B Pond J \ _X (tl,l!,ollghoUI) ,. hl g:~ _. ..--. .--+-"-----.'. \. \: \ x X X l \Pl.t!L,di:.n I L..: !:.:_Illrll';,:"'l !J...[r.:d ,ill\I\(; 1-',1'1 (11 hd\l,. l)l',:n !(\('dh.:"J \."Ilth.;.:, ,",,"\i!"Ul'.r.;'\ dl III lllani {, ~ldllt~. ~()nh ( .Ihlllll.! III th.; mo<,\ n:c.:nt l:"P~ 0' thl' I "\'JS I npllt'I,lphk map at ,: I .'-:(100 'cd\-: Idl:h li:dture that is che\:f..~J ':--',>1 Suble,l" 11.1., bC'l.'n ,L'tenlllfleJ thY It' be d ,trt.'dlll "I IS Hot pic',::llI 'llJ tllc' plllp-'rtl I t.'.ltlllt'o 11L'll art, checkc'd "ub!<:c'( h::1\e h<.'l'III,),,,t~'J ulltll" pt\li\~ll~ .lEd p\I""" ();al..H.:lI:n,tl(, IIlat l]lwlll\ It tl' be if SIr.:Jl1l '1 h...r..: md~ b,,' \llli~r ,[rcam, 100;dku on I\lUf pIPpc-r\1 th,ll elu (1<.,1,1\,,\\ up on tll, 111.11" rL'lc:rC'Hu.:d ,fhl..: but. stillltlll~ 111: c( IlhlJereJ !l1l1\dlll 1011.d ,IC'::OI dlllb' tl> Iii, 1 S :\rI1h ( \'ql, (ill n:.'llI<:el' ;JiLl, I I,> the 1)1\ 1 'I\lli ,,1' \\'dt~'t Qu..llll~ I Ill'. oll-,ite dcterminallun shall npin: fl\l' (5) ~l'an lrom the datt' of IllIs Idte/. Lanuo\\ners or affected parties that dispute a d,'terminallon made h~ the DWQ or Delel;:aled L.ocal AutlHlrit~ that a surface water nists and that it j.. suhJcct to thc huHl'r rull' nHI~ reque~t a determination h~ the Director. A /'('qucst for II r1etenllimltioll hy the Director shall be' referred 10 the Dircctor ill \\ riting " 0 ( \ ndi Karol~ . nWQ \htlands/~O I lnit, 2.\1 I Crahtree Rh d.. Raleigh, 'C 27604-2260. Indi\ iduah JlHlt dispute .1 d<:tcrmillatioll l>~ the' OWQ or Delegated Local AUlh(Jrit~ that "uempts" a surface \\ater from the huffer rule may ask fOl an nd judicator~ heurin~. \ ou must act \\ ithin 60 days of the date thut you recl'i\C this letter. AppliclInts are hereby notified that the ()(l-day stlltutor~ appealllllle docs nol start until the affected parly (including do\\ list ream and adjacent lando\\ ners I is uotified of this decisioll. D\\ Q IC,'ollllllclllJS that the applicant conduct this notification in order 10 hl' certain tlllH third party uppcah arc mude ill a timely Illunner. To ask ,,\:,;~'tlll ;'holm, " \ II/lira/I!! t .1) I ,!l', \' \\ ..\1,l !~.J.;;t; :" ','. t':; "', ~ :/'i!~; l'\.uh LIl ;h',~, Idl~lj l qlt.,~ 1",2:\ ~LHI"''':f\j~c \. '1'11,;:; )\i,'1."..:,,\ .L>;i ;':,.l(iO-...il;, l' kai(~'l#h ~,,'i_ : ~vj'?l t2S i'I:.'ih. :,'i j '~j''..j i 'L:+I 1,\\ l~/: ':;~l~J;"; l u~lurn,r )cn l\.t: I.X77.(,2 ;J,'~'I iC, J~~); -'~"!(1 ,.;.: !"C\'.,:, =~'-;"'~_f:"; ~-::'-: ,;:"C:(~-Clc':; ~~:e",", Post',~(:',SJrr".B:- ;:a~' The Johnson Tracts Durham County 10110/2007 Page 2 of 2 hi a hearing. sUlCI a 'Hitten petition. "hith (onlorms to ( hapter 15UH 01 the :\utlh C atOlilla Leneral ~tatute\ to Ill{' Of!i(e of Administrali\t: Hearings. 6714 'Iail Senicc ( enter. Kaleigh. \.C 276C)Q-6714. Ihi, dl'termination is final and binding unlc'is ~uu a..\.. fur a hearing "ithill nO da~', I Ill' (onuer/future 0\\11(:1''1) shoultlllUtif~ tl1(' Ui\'ision of \\ ateI' Qualit~ (lIIc1uding an~ other Local. State. and Federal Agencies) of this decision concerning an~ future correspondences f('g,lflling lhe subject property (stated aho\C). TI1i'i project lIlay rC4uirc a Section 4041401 Permit for the prnposed 3cti\ it~ ..\ny imluirics should bnlirected to the Uh isioll 01 \\ .ller Qualit~ (e cntral Olliee) at (919)-733-171)6. and the IS Anll~ Corp ul Engineers (Kaleigh Regulaltlr~ Field Ofl1l'c) at (919)-ln6-8441. I\~' 'i'cc 1lulL 7\ (, L {)I '-flu j~ CI-(J'~ I oi\ll ,',! ( \'. l n', HUlIlll<'ntal Sl.'nWI :'op:,:lalt~l , ( \\. .:tlarhb Shlllll\\ JtCI Br.Hl( II RRO S\\'[' hk (' OP\ \.entr,d I'dl" llurlull:J <. UULl\. 1,-,,, .....lbi,[,ll, -'~.: I ( L:bll~.. Bi\ll. :'oiilt, -'''I 1\..1I,'lgh \t -'~61;.j 121) 1 f'lltll-h :-'ll,'d. I ci., Hu:ldlll~ I illu! llUl hitil!. 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'0> . .. :,. ? } ~ ! ~ 'j l l ~ "C ~ "; - ~ .. ~ l. a, ~-)C j ~ <- 1 i' 1 ::J~~ t~ ,~,~ /'1 ) ( f.r!.B .' \.\. .~ T~" 't-- fr"'1:: ,Q Fl.1 A.C ~ t! n .,.";)31' Sf f om ^,.. , 1 J ~ /<~~~UCl~ ('.,.~I'')<~Nlo".~ '1(,\l.~r ....."""',.~ .... ) ~.~ .... ~ -,;t...~....r::d'') -, 'J:ic'~7 . ~. 1 L 301'-.-.: - : 3\.,""" .29Q. .' -- --1 u C' ;;- I " ..,.... v - '" \I I<. \.'luH S ....dM E :I'..ie PRUP" T Lt~t t) ..- ~ ~ :fT,",,;: If'':V \I L " " .- ...---- -- ~-""'- - ,~~'Ift.F:P , -. . /, ..-' " -- -,-- '. ...~ " .-- '- - ....... /-- / / / .,A " ~.... -- .~ H' r " ...... -/ -- \ ..- ..- ..... i(1 \ ..- .-- \ . - , .- i I ;. ";;"'" {!Ol ...'} -- .;.,. --- .c,.,..~r ( .,.' )1"':"'- .,.; ,;.- ,),.,-::; .. ."J .... \ -...- - ---- --- \ ---- '. ---- l. ~ ------:: r I{~ '-1' ---- i" ~I -\R ~ "'" . ...J ==--=-- - ---=. " ( j 9 .~ / ~ .J! 1/ il i: i,1 \\ l-- ........ ~rr~l~~y .................................................. I............ f11 ) .;: I ~ 1 I .~,.~:DF- ~ I' .., ~ ~~~ ./~ r ~ ~~.",~ ': \ I ~--./ /~ \ ~/ ,/ t\~ . /) r - ') / . . . . / / " / 'v .. IfLl..................................................................... .. , , - . , ' \ --- I <.' _--1 \ / ~ - ~~~\-,~--- ~--- --- --' ~ ,--- - \ ~-.-- - ----- -\-- c-- ~ / ~ \ \ -1---- ---- --t- --.J ~ -- / --- --- ---- --- -- ................... ............ . ............... ..... .......... . . ..:.:. ..:..........-, , ;'2' '1"" '. 'f , , - ........... ~~ .. ,F,{'llsvstem 1 ~, :,iih"'?fntenlCllf PROGRAM July 17,2008 Comland, LLC 2330 Operations Dr. Durham, NC 27705 Expiration of Acceptance: January 17,2009 Project: Greenway - Johnson Tract County: Durham The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the penn it issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to detennine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 PermitJ401 Cerlification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copics of the permits to NCEEP, Once NCEEP receives a copy of the pennit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table, _. .- River CU Stream (feet) Wetlands (acres) BulTer I Buffer II Basin Location (Sq. Ft.) (Sq. Ft.) Cold Cool Wann Riparian Non-Riparian Coastal Marsh -,--._---~_._..... Impacts Neuse 03020201 0 0 0 0.25 0 0 0 360 Credits Neusc 03020201 0 0 0 0.50 0 0 0 540 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to pennit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional infonnation, please contact Valerie Mitchener at (919) 715-1973, Sincerely, Wil1mJt:~~ ~ t- Director cc; Cyndi Karoly, NCDWQ Wctlandsl40l Unit Eric Alsmeyer, USACE-Raleigh Eric Kulz, NCDWQ-Raleigh Thomas King, agent File RMtOYinj... E~... PYotediltj OW'Staft AVA NCDENR North Carolina Ecosystem Enhancement Program. 1652 Mall Service Center, Raleigh, NC 27699-1652 I 919-715-0476/www,nceep,net I I! (11 Y OJ DURHAM '......., \, i.." : \ i)' I' .J !""Il, ".I v" .. "t , ). '-'\ \; \" '- \. ,_ ' )!.j.... i r !\.!; I 1..1 {', 1\\ '1;';'-"" ij : It'!' \.1 '...\. '. It 1)...., 1('1 thl' r\.'h.'t~'!l\.;,,:ll I' tq,.:~' \;:\.1 P"l" dl...'l\;,.'fll l~;.,"d u ,I j .1l..k:qu..tt:.:l> It \UU h~t\L ~lll\..t~L.....l \,Ii.... ; ,,-':":.th.lllh.; lth.. j'l'-\l', ,id .il ,ih!, .,\ I ;I ,I ,i!l: I"c'\ 1'1'1, ,'Q\r!1k'l1t' IL\, bl"'l! addrl'~,','d \. ; ~ I'; L t ~ t l..' d J t ,} 1 ,) ~ f \\1- -L ~ ~: {, \ H i' \ ""t ,,! Hi I ( \; , f< I '. 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