20090069 Ver 1_More Info Received_20090309

DEVELOPMENT ENGINERING, INC.
P. O. Box 17705 Raleigh, NC 27619-7705
244 W. Millbrook Rd. Raleigh, NC 27609
Phone: [phone] Fax: [phone]
TO: Division of Water Quality
Attn: 401/Wetlands Unit
2321 Crabtree Boulevard, Site 250
Raleigh, NC 27604-2260
LETTER OF TRANSMITTAL
DATE: 03-09-09 JOB NO.: 08-197
ATTENTION: Cyndl Karoly
RE: 1702 Virgil Road, Durham, NC
Revised PCN Application and Plans
t)- Obj_0q

DWQ Project #09-0069
WE ARE SENDING YOU ? Attached ? Under separate cover via DELIVERY the following items:
? Shop Drawings ? Prints ® Plans ? Samples ? Specifications
? Copy of Letter ? Change Order ® See Below
COPIES DATE NO. DESCRIPTION
5 Ea. 03/06/09 Pre-Construction Notification Application Form
5 Ea 03/04/09 Revised Site Plans (Sheets 1 thru 4)
1 03/06/09 Written Response to comments ,?.. r' \6 T-24 fr-A
02/27/09 Plan review comments from DWQ t-' " `
f'' ?fl 2 Qn9
I
INETLA'iDS H.I.ID s'rOR10 ATER BRANL"H

THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
® As requested ? Returned for corrections ? Return corrected prints
? For review and comment ?
? FORBIDS DUE ? PRINTS RETURNED AFTER LOAN TO US
REMARKS
Please let us know if there are any further questions.
COPY TO: file SIGNED: Tom Harrell
If enclosures are not as noted, kindly notify us at once.
DEVELOPMENT ENG? NEE N NG9 0 NC.
P r o f e s s i o n a / E n g i n e e r i n g C o n s u/ t a n t s
March 6, 2009
NC Dept of Environment & Natural Resources
Cyndi Karoly
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
RE: 1702 Virgil Road
DWQ Project #09-0069
Ms. Karoly,
The following are our responses to your review comments dated February 27, 2009.
1. There are no facilities or structures (buildings) proposed with the driveway. See note 7
on sheet 2.
2. Cross section details have been provided for the culverts. The culvert inverts are below
the elevation of the stream bed to allow for aquatic life passage. See sheet 2 of the
plans.
3. The culvert (pipe) outlet velocity calculations have been provided. See sheet 3 of the
plans.
4. The typical driveway cross section has been revised to reflect no ditches. See detail on
sheet 2.
5. The PCN Form has been revised again. See enclosed copies of forms. All sections have
been completed.
Please let us know if you have any questions.
Sincerely,
W, ? 9 Wo
Tom Harrell
Development Engineering, Inc.
244 W. Millbrook Road
Raleigh, NC 27610
[phone]
244 W. Millbrook Road, Raleigh, NC 27609 Phone: [phone]
P. 0. Box 17705, Raleigh, NC 27619 FAX.' 919 -847 -2130
w. ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 27, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. James L. Ashton, Jr.
8306 Eagleview Drive
Durham, NC 27713
Subject Property: 1702 Virgil Drive
Ut to Lick Creek [030401, 27-11-(0.5), WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ashton:
DWQ Project # 09-0069
Durham County
On January 21, 2009, the Division of Water Quality (DWQ) received your application dated January 19,
2009, with additional information received from you on January 22, 2009, and January 29, 2009, to fill or
otherwise impact 80 linear feet of intermittent stream, and 4,382 square feet of Zone 1 Neuse River basin
protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers to
construct the proposed road to the rear of the lot at the site. On February 24, 2009, the DWQ received
additional information from you, however, the DWQ has determined that your application remains
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will place this project on hold as incomplete until we receive this additional information. If we do not
receive the requested information, your project will be formally returned as incomplete. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please show footprints of all proposed impervious areas (facilities or structures such as buildings,
garages for which the driveway has been proposed).
2. Please provide cross section details for the culverts showing the provisions for aquatic life
passage. Culvert inverts must be placed below the elevation of the streambed by at least one foot
for culverts larger than 48 inches, and at least 20 percent of the culvert diameter for culverts 48
inches or smaller, to allow low flow and aquatic life passage.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. James L. Ashton, Jr.
Page 2 of 2
February 27, 2009
3. Please provide culvert (pipe) outlet velocity calculation for the 10-year storm. If the velocity
exceeds the allowable limit of the area downstream (permissible velocity of the receiving
downstream channel), provide a correctly designed outlet velocity dissipation device. Please
consult the NC Erosion and Sediment Control Design Manual for maximum permissible
velocities of channel material and the design of energy dissipating structures. If you require any
pipe outlet riprap, you will need to change your stream impacts, and possibly your buffer impacts.
4. If revised grading resulted in no ditches along the driveway, please revise the typical driveway
cross section on Sheet 2 to reflect the changes. Please note there should not be any driveway
ditches entering the buffer (unless they are used as bypass channels associated with level spreader
or other BMPs), and stormwater from driveway shall not be concentrated prior to entering the
buffer. If post construction inspection reveals the formation of erosion gullies in the buffer as a
result of concentrated flows from the driveway, this may result in a violation, and you will be
required to correct it and install a level spreader or other diffuse flow device.
5. Please complete all applicable sections of the PCN Form. For example, Section E (Stormwater
Management and Diffuse Flow) and other Items under Section F must be completed.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn and
you will need to reapply with a new application and a new fee.
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 DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Tom Harrell, Development Engineering, Inc., 244 W. Millbrook Road, Raleigh, NC 27609
Filename: 090069_1702 VirgHRoad(Durham)On_Hold2
\o?oF WAr?goc
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Office Use Only:
Corps action ID no.
DWQ project no. D q- 0 D LP q
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? TX Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
NO For the record only for DWQ 401 For the record only for Corps Permit:
Certification:
? Yes ® No ? Yes ©No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ©No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: 1702 Virgil Road`
2b. County: Durham fl `"°_J L=1 L' V = `'ill
2c. Nearest municipality / town: Durham MAR ;T nC
2d. Subdivision name: N/A
2e. NCDOT only, T. 1. P. or state
project no: N/A IIETf.ANDS AM STORM IRA'ER 8WNCN
3. Owner Information
3a. Name(s) on Recorded Deed: James L. Ashton, Sr.
3b. Deed Book and Page No. PB 50, PG. 0128
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: 1702 Virgil Road
3e. City, state, zip: Durham, NC 27713
3f. Telephone no.: [phone]
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Tom Harrell
4c. Business name
(if applicable): Development Engineering, Inc.
4d. Street address: 244 W. Millbrook Road
4e. City, state, zip: Raleigh NC 27609
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Tom Harrell
5b. Business name
(if applicable): Development Engineering, Inc.
5c. Street address: 244 W. Millbrook Road
5d. City, state, zip: Raleigh, NC 27609
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0779-01-17-77177
Latitude: - 35° 56' 23.35" N
1 b. Site coordinates (in decimal degrees): Longitude: - 78° 45' 24.46 W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.64 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lick Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV; NSW
2c. River basin: Neuse River
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:
There is an existing house at the front of the site and the rear of the site is wooded. The surrounding land use is
residential and/or vacant.
3b. List the total estimated acreage of all existing wetlands on the property:
Zero - no wetlands on property
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
388 If (stream 1 -166 If and stream 2 - 222 If)
3d. Explain the purpose of the proposed project:
Existing homeowner would like to build a new residential driveway to the rear of the property. Two (2) stream crossings
are required.
3e. Describe the overall project in detail, including the type of equipment to be used:
Build a residential driveway to the rear of the property, crossing two streams using a bulldozer and a front end loader.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): DWQ Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
July 3, 1008
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Project Information and Prior Project History
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):
? Wetlands N Streams - tributaries ? Buffers
? Open Waters ? 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)
Temporary T
W1 ? P R T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
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 ®P ? T
Grading
Un-named ?
PER
® INT ?
Corps
® DWQ
8
68
S2 N P ? T Grading Un-named ® PER
? INT ? Corps
N DWQ 12' 82'
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 150'
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 individual) 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 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID 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?
? Yes ? No If yes, permit ID 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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? 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 impact required.
B1 %P ? T Install Unnamed
l es
EX No
3,664
1,089
B2 X P ? T Install Unnamed © Yoes 1,995 887
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 5,659 1,976
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 proposed driveway will follow the existing topo as much as possible. Note in some areas the existing slope is
3:1. The driveway in those areas is a maximum of 5:1 slope.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed driveway will follow the existing topo as much as possible. Note in some areas the existing slope is 8:1.
The driveway in these areas is a maximum 5:1 slope.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes © No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 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
5a. 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 ? Yes ® No
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 Driveway Crossing 3 (2 for Catawba)
Zone 2 Driveway Crossing
6f. Total buffer mitigation required:
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).
N/A - Residential Driveway only.
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 ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
Comments: There are no ditches or concentrated flow.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 6.06%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: There are no diteches or concentrated
flows.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Durham
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ® Water supply watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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
letter.) ? Yes ? No
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, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 26 .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):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® 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.
N/A
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Fisheries
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NC Fisheries
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 ? Yes ® 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?
NC Office of State Archaeology
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FIRM Map No. 372007900J, dated 05/02/06
Tom Harrell ?-
?AcKeIeXrlofm

3'?'?
Applicant/Agent's Printed Name Ap licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11