20090745 Ver 1_401 Application_20090709

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
60-0745
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. Eric Alsmeyer
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Nicole Thomson
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
July 1,2009
S&EC Project # 10673.W7
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
pAI
JUL ?
Ann
Re: Rose of Sharon fNR. MTE
Durham County, NC $ ? ry
BRAA?(?J
On behalf of the owner, Ms. Susan Fox Beischer, please find attached a complete application and supplemental information requesting
written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the
activities proposed below may proceed under Nationwide Permits 29 and General Water Quality Certification 3705. Please contact
me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name Rose of Sharon
Project Type Residential Development
Owner / Applicant Ms. Susan Fox Beischer
Count Durham
Nearest Town Durham
Waterbod Name UTs to Mill Creek (Crystal Lake
Basin / Sub-basin 03-04-01
Index Number 27-2-17-1
Class WS-IV; NSW
USGS Cataloging Unit Neuse River Basin USGS Cataloging Unit 03020201
IMPACT SUMMARY
Stream Impact acres : 0.027 ac. temp/0.025 ac. perm./0.003 ac. temp. Isolated stream
Wetland Impact acres : 0.035 ac. temp.
Open Water Impact acres : 0
Total Impact to Waters of the U.S. acres 0.062 ac. temp./ 0.025 ac. ern./0.003 ac. temp. Isolated stream
Total Stream Impact linear feet : 365 LF*
*of the 365 LF of stream impact, 275 LF is permanent, 61 LF is temporary and 29 LF is temporary isolated stream impact;
there will also be 231 LF of concurrent dewatering during culvert installation
Attachments:
Pre-construction Notification (PCN) Application Form
USGS Topographic Quad Map
Durham County Soil Survey Map
Agent Authorization Form
DWQ Buffer Determination (NBRROi107-115)
Durham, NC UDO 12.3.1 (Street Layout)
Durham, NC UDO 8.5.3 (Pond Removal)
Forrest Creek Mitigation Bank Credit Reservation Letter
SHPO/OSA/NHP Report & Findings Map
Cc: Mr. David Beischer
Mr. Michael A. Fiocco
Overall Site Plan & Impact Maps (11 X17-USACE, 24X36-DWQ)
Stormwater Management Plan Design Calculations/Signed O&M
Agreements (DWQ)
Stormwater Plan Set (24X36-DWQ)
Sedimentation & Erosion Control Plan Approval Letter (DWQ)
Erosion Control Plan Set (24X36-DWQ)
$570 Application Fee to DWQ
Charlotte Office:
248 LePhillip Court
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
0 9- 0 7 4 5
\O?0P WATF9OG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form

sp A& 1[ 11P
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 3705
1c. Has the NWP or GP number been verified by the Corps? N 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? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:

? Yes N 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. N Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes N No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No
2. Project Information
2a. Name of project: Rose of Sharon
1Z
-
2b. County: Durham 0 FL
2 F% 5

2c. Nearest municipality/ town:
Durham
NJ
2d. Subdivision name: Rose of Sharon - ZU09
2e. NCDOT only, T.I.P. or state
project no: N/A DENR-WATER QUAUTY
W*DSANDSTORMyyA'M
3. Owner Information
3a. Name(s) on Recorded Deed: Susan Fox Beischer
3b. Deed Book and Page No. Deed Book 1605; Deed Page 914
3c. Responsible Party (for LLC if
applicable): Susan Fox Beischer
3d. Street address: 2726 Croasdaile Drive, Suite 101
3e. City, state, zip: Durham, NC 27705
3f. Telephone no.: [phone]
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Owner
4b. Name: Susan Fox Beischer
4c. Business name
(if applicable): N/A
4d. Street address: 2726 Croasdaile Drive, Suite 101
4e. City, state, zip: Durham, NC 27705
4f. Telephone no.: [phone]
4g. Fax no.: N/A
4h. Email address: N/A
5. Agent/Consultant Information (if applicable)
5a. Name: Nicole J. Thomson
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 12
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0813-16-67-0799
1 b. Site coordinates (in decimal degrees): Latitude: 36.0480 Longitude: - 78.9531
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +/- 102 acres acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UTs to Mill Creek (Crystal Lake)
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV; NSW; 27-2-17-1; 03-04-01
2c. River basin: Neuse River Basin (USGS Cataloging Unit 03020201
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 property is currently forested. The surrounding developments are single family residential subdivisions.
3b. List the total estimated acreage of all existing wetlands on the property:
+/- 10,348 sq. ft. (0.238ac.) - 404 Wetlands; 199 sq. ft. (0.005 ac.) Isolated Wetlands
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,025 LF Intermittent stream; 2,371 LF perennial stream
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct the Rose of Sharon subdivision to provide additional residential
housing for the area. The proposed impacts to streams and wetlands are necessary to construct the necessary
development roadway infrastructure as well as for the required utility installations.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed development will be for a residential subdivision with typical roads and utilities. Heavy equipment typically
necessary for road and home construction, as well as utility installation, will be used.
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: June 7, 2007 Mr. Eric Alsmeyer (USACE) met ® Yes ? No ? Unknown
S&EC staff on site to confirm the features on the property; on
June 11, 2007 Ms. Lauren Witherspoon (DWQ) met S&EC
staff on site to confirm the Neuse Riparian Buffers and
stream determinations
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: Soil & Environmental
Name (if known): Mr. Chris Flowers Consultants, PA
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The Jurisdictional Determination package was sent to the USACE on July 9, 2008; to date, we have note received the JD
signoff. Attached, please find the June 11, 2007 NC DWQ determinations (NBRRO 07-115).
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes
®No ? Unkno
this project (including all prior phases) in the past? wn
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® 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 ®T Sewer line

installation
Riparian
? Yes
®Corps

0
035 ac
(see impact sheet A3)
(temporary) (herbaceous seep) ® No ? DWQ .
.
W2 ? PEI T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? PEI T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.035 ac.
2h. Comments: As the utility line corridor is proposed within a herbaceous seep wetland area (i.e. not forested), it has been
our experience in the past that the USACE will not require compensatory mitigation for the permanent maintenance corridor
associated with the utility line.
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
(see Impact sheet Al) Road Crossing
(Permanent
UT to Mill Creek ® PER

?INT ® Corps

?DWQ
3-5'
131 LF
culvert)
S2 ? P ®T

(see impact sheet Al) Road Crossing
(Temporary
(Temporary
UT to Mill Creek
® PER
?INT
® Corps
?DWQ
3-5
9 LF
Construction
)
Temporary
S3 ? P ®T
(see Impact sheet Al) Dewatering
(concurrent with
UT to Mill Creek ® PER

? INT ® Corps

?DWQ
3-5'
87 LF
culvert installation)
S4 ®P ? T

(see Impact sheet A2) Road Crossing
(permanent
UT to Mill Creek ® PER

?INT ® Corps

?DWQ
3-5'
144 LF
culvert)
S5 ? P ®T Temporary ® PER
® Corps
(see Impact sheet A2) Dewatering UT to Mill Creek
?INT
?DWQ 3-5' 144 LF
concurrent with
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
culvert installation)
S6 ? P ®T Sewer Installation
UT to Mill Creek ® PER ® Corps
3-5'
32 LF
(see Impact sheet A3) (temporary) ? INT ? DWQ
S7 ? P ® T Sewer Installation
UT to Mill Creek ? PER ® Corps
2-4'
20 LF
(see Impact sheet A3) (temporary) ® INT ? DWQ
S8 ? POT Sewer Installation UT to Mill Creek ? PER ? Corps 3-5' 29 LF
(see Impact sheet A4) (temporary) (Isolated) ® INT ® DWQ
3h. Total stream and tributary impacts 365 LF*
3i. Comments: *of the 365 LF of stream impact, 275 LF is permanent, 61 LF is temporary and 29 LF is temporary isolated
stream impact; there will also be 231 LF of concurrent dewatering during culvert installation; please note that for road crossing
No. 1, the USACE will require 2:1 mitigation; for road crossing No. 2, the USACE will require 1:1 mitigation; Stream Impact S8
(Impact Area 4) is to an unimportant, intermittent, un-buffered isolated stream.
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 impact Name of
number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ®P ? T N/A Draining Pond 0.09
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.09
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 (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
(see Sheet Durham Stormwater 0 0 0 0 0 0 0.21
A5 - C)
P2
(see Sheet Durham Stormwater 0 0 0 0 0 0 0.33
A5 - M)
5f. Total 0 0 0 0 0 0 0.54
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): See Item 5e. above.
5j. Size of pond watershed (acres): Drainage Area C - 4 ac.; Drainage Area M - 32.4 ac.; Drainage Area N - 9.7
ac.
Ponds will be excavated in existing low areas with excavation being utilized
5k. Method of construction: for construction of dam. Concrete riser boxes with O-ring pipe will be utilized
for the outlet structures.
Page 6 of 12
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 for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required?

? Road
s
1)
(see Im®sheet Crossing
"
" UT to Mill Creek ® No 6,925 sq. ft. 3,829 sq. ft.
(
Allowable
)
Utility
B2 ? P ®T Installation UT to Mill Creek ? Yes 0 1
108 sq. ft.
(see Impact sheet Al) (Zone 2 only - ® No ,
"Allowable")
Road
s
(see Impact sheet A2) Crossing
"
" UT to Mill Creek ® No 7,350 sq. ft. 4,548 sq. ft.
(
Allowable
)
Perpendicular
B4 ? P ®T
(see Impact sheet A3) Utility
Installation UT to Mill Creek ® Nos 1,786 sq. ft. 1,063 sq. ft.
("Allowable")
6h. Total buffer impacts 16,061 sq. ft. 10,548 sq. ft.
6i. Comments: Please note that Impact B4 (Impact area 3) is connecting to an existing utility line from off property that is
currently partially within Zone 2;
Page 7 of 12
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 applicant requested a detailed delineation of streams and wetlands prior to site plan development in order to
determine the extent and location of streams and wetlands on the subject property. The applicant proposes to cross the
streams utilizing the existing access roads on the subject property to limit impacts to the environment. The site plan has
limited permanent impacts to two road crossings of important/perennial channels. Streams are not crossed multiple times
by roads. The proposed road crossings are necessary as the subject property is almost completely bisected by the
stream. Additionally, the property owner is required to provide internal connectivity necessary for emergency vehicle
access. There is one stub-out road (Bronze Leaf Place) proposed on the property as required by the Durham County
ordinances (see attached Durham LIDO, Section F "Stub Outs").
The utility impacts proposed are temporary in nature and are necessary in order to provide services (i.e. sewer) to the
development. The applicant is also aware of the regional conditions associated with the Nationwide Permits 29 and 12.
With respect to residential development conditions (Regional Conditions section 4.0) the applicant is not proposing any
impacts to streams or wetlands associated with the Durham required stormwater facilities, there are no proposed single-
family recreation facilities, there are no 100 year floodplain limits identified on this project and therefore, there are
no permanent wetland or stream fills proposed within the floodway and the stream classification for this project is WS-IV;
NSW (i.e. not Outstanding Resource Waters or High Quality Waters).
With respect to utility line activities (Regional Conditions section 4.0) the applicant cannot utilize directional drilling/boring
methods to install the proposed sewer lines due to the elevation of the existing manholes and sewer lines that the project
is connecting to. Additionally, the cost of directional drilling or boring for each utility crossing is prohibitive. The applicant
recognizes that the proposed temporary impacts for the sewer line installation will be for the minimum period of time
required to complete the activity and that the stream must be returned to its pre-impact conditions (i.e.pattern, dimension
and profile of the stream restored). The proposed sewer line construction corridor as well as the proposed permanent
easement corridor is only 30 feet wide (i.e. does not exceed 40 feet in width). The proposed sewer and water lines are
not anticipated to interfere with navigation nor are they proposed to be aerial in nature. While the proposed sewer line
does incur wetland impact, the wetland type has been classified as a herbaceous seep (i.e. not forested). It has been our
experience that the USACE will not require compensatory mitigation for the maintenance corridor within a non-forested
wetland. No rip-rap is proposed for the stream crossings for the proposed sewer and water line installation.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sequencing of the construction will be targetted to perform the impacts early in the project to isolate the disturbances and
thereby minimize the risk of unintended impacts. Silt fence and tree protection fence will be used extensively to provide
clear and redundant measures to cordon off the work areas. Headwalls with wingwalls will be installed and 2:1 slopes will
be constructed to reduce the length of culvert impacts. The existing gravel paths throughout the project will be utilized for
construction traffic; the new culverts are located at the existing crossings and mats will be laid across the temporary
wetlands impacts when working in the area and the area will be cordoned off with tree protection fence once the
excavation is complete. The temporary stream diversions will be reinforced with liners during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Forest Creek Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Stream Quantity 406 linear feet (262 @ 2:1;
144 @ 1:1)
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:
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 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.
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
buffer mitigation? ? Yes ® No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
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).
6h. Comments:
Page 9 of 12
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.
Comments: Please see the attached plan sheet C7 that shows the design of each
proposed level spreader as well as the necessary supplemental information (i.e. ® Yes ? No
calculations, required items checklist, etc.). The approved sediment and erosion
control plans (and approval letter) to demonstrate construction sequencing are also
attached (sheets EC1a and EC1b).
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 17.5%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: As demonstrated on Sheet No. A5 (Sub-
Basin Impervious Surface Exhibit), all of the post construction drainage areas have been shown and none of them is
greater than 24% impervious cover, therefore, no engineered Stormwater Management Plan is required. The applicant is
aware that this project must maintain diffuse flow as it relates to any discharges to the protected Neuse River Riparian
Buffer.
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?
? 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
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
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)?
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
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 2B .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.
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that most residential subdivisions are unlikely to cause cumulative impacts. This project does not meet any of the
three criteria of private projects that can clearly result in cumulative impacts. This development is relatively small in
nature, is within a residentially developed landscape bounded by Rose of Sharon Road to the west and existing
subdivisions to the north, east and south. Therefore, the utility infrastructure (i.e. water and electricity) are already in
place to service the proposed development. Additionally, this parcel is zoned residential at a maximum density of 2
dwelling units per acre (DU/AC). We anticipate that you will advise us if a qualitative or quantitative impact analysis is
required.
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.
Sewer disposal will be via new and existing publicly maintained pipe conveyance to the North Durham Reclamation
Facility; Permit Number NC 0023841.
Page 11 of 12
5. 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. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
File search for State or Federally protected species and Significant Natural Communities was performed though the
Natural Heritage Program (NHP) Office (see attached report and map of findings).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? 7 [1 Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Durham County which is not near any coastal or tidal habitat that would support EFH (i.e. salt
marshes, oyster reefs, etc.)
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?
Records checks at both the State Historic Preservation Office and the Office of State Archaeology (see attached report
and map of findings).
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 Panel 0813, Map Number 3720081300J, Effective
date May 2, 2006 and http://www.ncfloodmaps.com/

Applican ent"s rinted Name Applica ignature Date
(Agent's signature is valid onl aut ation letter from the applicant
is provided.)
Page 12 of 12
.¢,

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LATITUDE: 36.0503 N
LONGITUDE: -78.9525 W
Project No.
PRbP. Scale:
V 2000
FIG. 1 - USGS TOPOGRAPHIC MAP SOURCE:
Project Mgr.
NT Drawn By:
MM NW DURHAM 11010 Raven Ridge Rd.
ROSE OF SHARON USGS QUADRANGLE Raleigh, NC 27614
919N&
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DURHAM COUNTY
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FIG. 2 - SOIL SURVEY MAP
SOURCE:

Project Mgr.
NT
Drawn By:
MM
ROSE OF SHARON DURHAM

SURVEY
SO
, 11010 Raven Ridge Rd.
h NC 27614
919
846
5900
DURHAM COUNTY, NC SHEET 16 -
.
Date: 9/25/08
MAY-18-2007 09:46 GARDEN VIEW REALTY
Notch Cl.rdn 21614 • 1
• rVVaartiS90=00111
919 383 5577 P.02100rp
Name: Susan Fox Beischer
Address: 2726. Croasdai-le Drive, Suite 101
Durham., N.C. 27705
Phone: [phone]
Rose of
Project Name/Description: Sharon Subdivision S&EC Project # D 6-7 3• w 1
Date: 5/18107
The Depa ta=t of the Army
U.S. AymyCorps ofEngincera, Wilmington. District
P.O. Box 1890
Wilmington, NC 28402
Attn: l rrc A/Smtltt`
Field Office: r4(,a?
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Sail & Environmental Consultants.
PA to act in my behalf as my agent in the processing of permit applications, to futnish upon request supplemental
information in support of applications, etc. from this day forward. The 18th day of May, 2007
TWS notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for )lability and profeadenat aunrt"y remmub, le valid only for goverammat offieials to
enter the property when accompanied by S&EC stiff. You should call S&EC to arrange a site meeting prior to
visiting the site.
Susan Fox Beischer
Print Property Owner's or Municipal Official's Name
Property Owners or Municipal Officials Signature
cc: Ms. Cyndi Karoly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc: Mr. Chris Flowers
Soil & Environtental Consultants, PA
chadn" Office:
236 LePhiiiip Court
Spite C am-wsboro office:
,
Cancard, NC 18025 3817-E Lawndale Drive
Cnxensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone]
Pax: (336)540-$235
TOTAL P.02
AGENT A'CJ ORiZ.ATION FORM
All Blanks To Be Filled lv The Current Landowner or Municipal Official
f
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Soil & Environmental Consultants
Attn: Chris Flowers
11010 Raven Ridge Road
Raleigh, NC 27614
BASIN:
Neuse River X
(15A NCAC 2B .0233)
Tar-Pamlico
(15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Rose of Sharon Subdivision
Location/Directions: located east of the intersection of Rose of Sharon and SR 1403 just north of the township of
Huckleberry Sprin
Subiect Stream: UT to Eno River (via Crvstal Lake)
Date of Determination: 6/11/07
Feature(s) Not Subject Subject Start @ Stop@ Stream
Form Pts. Soil
Survey USGS
Topo
A X X X
B X
C (upper reach of A X Fla C X
D X X
El X not on maps)
E2 X not on maps)
F and and stream X X
G X not on maps)
H X not on maps)
I X not on maps)
J X Fla J1 X
K X Fla K1 X
L X X
M X X
N X X
O X X
P X Fla P X
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked Ae fthCarolina
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There maybe Nahtrally
June 11, 2007 F- ! 11 4 t E
D
JUN ` 3 )007
tly. Snil a Ear -wr-,iental Euns0lants, PA
NBRRO#07-115
Durham County
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Rose of Sharon Subdivision
Durham County
6/11/07
Page 2 of 2
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully, ?J ,
... , (?/ A)/lit ?C , 7,--
Lauren C. Witherspoon /
Enviromnental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
NoorthCarolina
Natindy
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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10673.W1 Topographic Quadrangle
Project Mgr.: Rose of Sharon Subdision Soil & Environmental Consultants, PA
CF Civil Consultants 11010 Raven Ridge Rd.- Raleigh, MC 27614
Scale: Durham County, NC [phone] •[phone]
Web Page: www.SandEC.com
1" = 2,000'
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010 Raven Ridge Rd.- Raleigh, NC 2761A
[phone] - [phone]
Web Page: t4jww.SandEC.rom

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Within any proposed development, the proposed street layout shall be coordinated with the existing
and planned street system of the surrounding area, with respect to location, alignment, and cross-
section. Street design shall satisfy the minimum requirements of the City Public Works Director or
NCDOT, or applicable designees. The following street standards may be modified or varied by the
approving authority in order to accommodate unique conditions.
A. Right-of-Way
1. A proposed right-of-way shall be of sufficient width to accommodate the required cross
section of the roadway. In no case shall the proposed right-of-way be less than the
currently adopted standards unless the approving authority determines that special
circumstances exist which make the dedication or reservation of the full right-of-way
................................
unnecessary or impractical.
2. Right-of-way shall be dedicated and/or reserved and improvements installed to City or
NCDOT standards for each class of street as follows:
a. Freeways
.............................
The entire right-of-way shall be reserved for future acquisition and improvement
by the public.
b. All Other Public Streets
..............................................
1. New Streets. The right-of-way required to accommodate the proposed
development shall be dedicated, with the remainder reserved. The applicant
shall be required to install improvements sufficient to service traffic
demands of proposed development.
2. Existing Streets. The applicant shall dedicate or reserve additional right: of-
.........................
way and install improvements as required to serve proposed development.
Other improvements shall be installed according to the City Public Works
Reference Guide for Development or NCDOT standards, as applicable.
B. Grades and Curves
Proposed streets shall be designed in accordance with the standards and specifications of the
City Public Works Department or NCDOT, as applicable.
C. Intersections
Street intersections shall be as nearly at right angles as possible with no intersection angle
less than the minimum established by the Public Works Department or NCDOT, as
applicable.
2. Offset intersections shall be avoided. Intersections on residential streets which cannot be
aligned shall be separated by a minimum distance determined by the Public Works
Department or NCDOT, as applicable, considering possible signalization, necessary
storage, and sight distance, as well as other design constraints.
3. Adequate sight distances shall be provided at all intersections between streets and at
Latest Revision August 05, 2008
Unified Development Ordinance
12.3.1 Street Layout
Street Layout
driveway intersections with streets.
...........................
4. Property lines at corners of all intersecting streets shall, as a minimum, be established as
the hypotenuse of a triangle with each leg having a length of at least 20 feet or as required
by the Public Works Department or NCDOT along both street rights-of-way.
D. Sight Triangles
1. Corner Lots
On any corner lot, a sight triangle shall be established. The sight triangle shall be formed
by extending lines from the intersections of two streets (measured from the edge of the
right-of-way) to points 25 feet from the corner of the rights-of-way of the intersecting
streets and then connecting the two points.
2. Driveways
For any driveway, a sight triangle measuring ten feet from the back of curb and extending
70 feet from the edge of each side of the driveway shall be required.
5- .......................... .
3. Design Standards
Within the sight triangle, no materials which would impede traffic visibility shall be
allowed. Structures, fences and plant materials that extend into the sight triangle between
two and one half feet and eight feet in height, as measured from the grade of the street or
drive, shall not be allowed.
E. Cul-de-sac Streets
Cul-de-sac streets shall not be longer than 800 feet and shall be terminated by a circular right-of-
................................
way having a minimum diameter of 92 feet or an approved alternative turnaround as
determined by the Public Works Director or NCDOT, or appropriate designees. The length of cul-
de-sac streets shall be measured from the centerline of the bulb to the edge of pavement at the
...................
nearest intersection.
F. Stub Outs
1. Unless exempted below, stub outs shall be required on each side (as defined by each of the
cardinal directions) of a development as follows:
a. Rural Tier. At least one stub out for every 2,800 linear feet on any single side of the
proposed development.
b. Suburban Tier. At least one stub out for every 1,400 linear feet on any single side of
the proposed development.
c. Urban Tier. At least one stub out for every 1,000 linear feet on any single side of a
proposed development.
d. Projects terminating at the edge of a Tier. Stub outs at the standard required for the
less intense Tier.
2. Stub outs shall not be required adjacent to existing development that has not made any
accommodation for such connections or to adjoining sites that are permanently protected
from development through conservation easements or ownership that precludes
development. Nor shall stub outs be required if the only point of access would require
crossing floodvlains, steep slopes, or other similar natural features. Stub outs shall also
Latest Revision August 05, 2008
Unified Development Ordinance
Street Layout
not be required when the existing street pattern in the area of the proposed development
already provides for vehicular connections at intervals no greater than one-half mile apart
in the Rural Tier or one-quarter mile apart in the Suburban Tier, or one-fifth mile apart in
the Urban Tier.
3. The proposed street layout in new development shall be coordinated with the existing
street system with connections made at all stub outs. Where no full connection can be
made as a result of the topography of the site being developed, the developer shall install a
cul-de-sac bulb or other turnout facility at the stub out constructed according to the City
Public Works Department Reference Guide for Development.
G. Alleys
Alleys may be required along the rear lot line of commercial or industrial property, along the
rear lot line of lots fronting on thoroughfares, or where the lots are less than 50 feet wide. Alley
widths shall be determined by their proposed use.
H. Reserve Strips Controlling Access
The reservation of private property strips of too narrow a depth to permit development as a
means of controlling access to public ways shall not be permitted.
I. Frontage Roads and Marginal Access Streets
Where a subdivision abuts or contains a controlled or limited access street or thoroughfare,
whether existing or proposed, an access street or frontage road may be required.
Latest Revision August 05, 2008
Unified Development Ordinance 3
8.5.3 Pond Removal
Commentary: Note that ponds that appear on USGS or NRCS maps may be wetlands and may
require approval from the North Carolina Department of Environment and Natural Resources and
the US Army Corps of Engineers prior to being drained.
If a property owner or applicant proposes to remove a pond and such removal is approved by the City
Public Works Director, County Engineer or designee, a stream buffer of the size required on the stream
...........................
immediately downstream of the pond shall be maintained along the portion of the stream located
where the pond is to be removed.
Latest Revision August 05, 2008
Unified Development Ordinance
Eart ark
MITIGATION SERVICES
Bringing btrsiness into a nawral envirownent.
June 29h,2009
U.S. Army Corps of Engineers
Mr. Eric Alsmeyer
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
NC Division of Water Quality
Mr. Ian McMillan
2123 Crabtree Blvd.
Raleigh, NC 27602
Re: Rose of Sharon -Located at 3413 Rose of Sharon Road, Durham, NC 27705
This letter confirms that the applicant Susan Beischer has reserved and contractually committed to the
purchase of 406 Stream Mitigation Units from the Forrest Creek Mitigation Bank.
The Forrest Creek Mitigation Bank does have 406 Stream Mitigation Unites available for sale on its
Official Credit Ledger, and is held in reservation status for this project.
If any questions need to be answered, please contact me at 704-782-4140 or 239-872-1678
Best Regards
r''
f
Matthew . Fisher
Regional V.P. Director of Business Development
EarthMark Mitigation Services, LLC.
1960 Derita Road
Concord, NC 28027
12800 UNIVERSITY DR. SURE 40+13 FT MYERS FLO?IDA 3307 PH 239 415.6250 FX239.415.6243
1960 DERITA ROAD C00(ORD, NC 28u11 PF} 704 782 4133 FX 704.782.4148
137 1/2 EAST MAIN STREET SUITE 2t0 DAIC NIkL T1VV 25901 PH 304;x65.4300 FX 304.465.4302
.t
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 16, 2009
S&EC Project # 10673.E1
Civil Consultants INC
Attn: Michael Rocco
3708 Lyckan Parkway
Suite 201
Durham, NC 27707
Re: State Historical Records Review / Office of State Archaeology /
Natural Heritage Program File Search
Rose of Sharon Site (+/- 100 acres)
Durham, Durham County, North Carolina
Dear Mr. Fiocco:
In March 2009, S&EC conducted a review of state records at the North Carolina State
Historic Preservation Office (SHPO) and North Carolina Office of Archaeology (OSA). The in-
depth review included map room searches for sites and structures of historical, cultural, and
archaeological significance within a 2-mile radius of the subject property. In addition, a file
search for state or federally protected, species and significant natural communities within a 5-
mile radius was performed through the Natural Heritage Program (NHP) office located in
Raleigh, North Carolina. These records were updated utilizing the NHP Virtual Workroom (NHP
2009) and by requesting element occurrence identifications from NHP staff. The USGS map
and location of the project site with respect to these occurrences accompanies this report.
Findings - NC State Historic Preservation Office
North Carolina SHPO maintains records and locations of buildings, structures, and
objects that are listed by local governments as historic landmarks or those which are listed or
eligible for listing on the National Register of Historic Places. The records check at the State
Historic Preservation Office (SHPO) revealed no structures on the property that appear on the
National Registry (NR), Determination of Eligibility (DOE), Study List (SL), or Locally
Designated (LD) lists. North Carolina state law does not provide protection for properties that
are determined eligible but not listed in the National Register. Thus neither placement on the
Study List nor a formal determination of eligibility by the Keeper of the National Register has an
official role in state environmental review procedures. No structures appearing on the National
registry list will be impacted by this project.
A SHPO staff survey in 1990 revealed structures of interest on property (Croasdaile
Tennant Farm #4). However, recent discussions with the property owner revealed these
structures no longer exist on-site. The two structures (circa 1920) that once existed at the site
March 16, 2008
S&EC Project #10673.E1
Page 2 of 9
labeled Croasdaile Tennant Farm #4 on the attached map were torn down by the property
owner.
Structures without designations listed below are historical structures of interest to SHPO
staff from the 1990 survey of the area. These structures may or may not still exist. A list of
historical structures within a 2-mile radius of the property boundary follows:
Duke Homestead DH 8 (NR)
Neal Farm DH 2468 (SL)
Neal House DH 2465 (SL)
Bennett House DH 2 (NR)
Kichen Hollaway House DH 2364 (DOE)
McCowan Cole House DH 2366 (DOE) (SL)
Croasdaile Tennant House #1
Croasdaile Tennant House #2 DH 2271 (SL)
Croasdaile Tennant House #3 DH 2273 (SL)
Croasdaile Tennant Farm (2 structures) #4-Demolished
Cole Mill Houses
Hillandale School
Mt. Bethel Church
Fox House-Demolished
Anderson House
Uncle Tom's Cabin
Issac Garrand Farm
Craig and Thompson House
G.E. Cole House
Umstead Strickland House
Edwin Hollaway House
Hillsborough Retirement House
James Hutchins House
Garrand Farm
House (Unnamed Structure)
Many other significant historic sites are documented outside the 2-mile radius of the
property boundary, especially within the Durham jurisdiction however, these sites are not
labeled on the attached map.
Findings - NC Office of State Archaeology
North Carolina Office of State Archaeology records archaeological sites and
excavations. The record check was performed in March 2009. Archaeological sites in the
surrounding area have been excavated; however, no significant sites or artifacts have been
recorded within the site boundaries, and there are no significant or Nationally Registered
historic archaeological locations recorded on-site. Due to the sensitivity of the locations of
archaeological sites, the sites in the surrounding area are not included on the attached map. No
further archaeological surveys are recommended by Delores Hall of OSA.
March 16, 2008
S&EC Project #10673.E1
Page 3 of 9
Findings - NC Natural Heritage Program
RECORDS REVIEW
The North Carolina Natural Heritage Program (NHP) records occurrences of rare plant
and animal species, exemplary natural communities, and special animal habitats known to
occur in North Carolina. An updated record check of all species listed in Durham County, NC
was performed in March 2009.
Durham County Federally Listed Endangered and Threatened species:
1) Rhus michauxii Michaux's Sumac NC-E-SC, US-E
2) Picoides borealis Red-cockaded Woodpecker NC-E, US-E (Historical)
3) Echinacea laevigata Smooth Coneflower NC-E-SC, US-E
Durham County; State Listed Species, Federal Species of Concern, and NCNHP listed
Significantly Rare species:
Scientific Name Common Name State Status Federal
Status
Alasmidonta undulata Triangle Floater NC-T US-None
Fusconaia masoni Atlantic Pigtoe NC-E US-FSC
Gomphus septima Septima's Clubtail NC-SR US-FSC
Lampsilis cariosa Yellow Lampmussel NC-E US-FSC
Lampsilis radiata Eastern Lampmussel NC-T US-None
Lasmigona subviridis Green Floater NC-E US-FSC
Somatogyrus virginicus Panhandle Pebblesnail NC-SR US-FSC
Strophitus undulatus Creeper NC-T US-None
Villosa constricta Notched Rainbow NC-SC US-None
Baptisia australis
var. aberrans Prairie Blue Wild Indigo NC-T US-None
Delphinium exaltatum Tall Larkspur NC-E-SC US-FSC
Monotropsis odorata Sweet Pinesap NC-SR-T US-FSC
Ruellia humilis Low Wild-petunia NC-T US-None
Ambloplites cavifrons Roanoke Bass NC-SR US-FSC
Crotalus horridus Timber Rattlesnake NC-SC US-None
Etheostoma collis pop.
2 Carolina Darter
- Eastern Piedmont
Population NC-SC US-FSC
March 16, 2008
S&EC Proj ect # 10673.E 1
Page 4 of 9
Haliaeetus
leucoce halus Bald Eagle NC-T US-None
Hemidactylium
scutatum Four-toed Salamander NC-SC US-None
Necturus lewisi Neuse River Waterdog NC-SC US-None
Noturus furiosus Carolina Madtom NC-T US-FSC
The subject property is located on the NW Durham USGS quadrangle. No significant
natural heritage areas or Natural Heritage element occurrences of rare plants or animals are
located within the property boundaries. Many significant natural heritage areas and element
occurrences of rare plants and animals are located within a 5-mile radius of the subject
property. These areas and occurrences are listed below. Due to the sensitivity of the locations
of rare species, the element occurrences for plants and animals within a 5-mile radius of the
Rose of Sharon site are listed solely by their category on the attached map.
Significant Natural
Heritage Areas:
Bennett Place Forest
Cabin Branch Creek Bottom land-Swam p
Catsburg Natural Area
Couch Mountain
Duke Forest Oak-Hickory Upland
Eno River Blue Wild Indigo Slope
Eno River Diabase Sill
Eno River Mountain Spleenwort and Rhododendron Bluff
Eno River/Cates Ford Slopes and Uplands
Eno River Aquatic Habitat
Gate 4 Mafic Forests
Gate 9 Pond
Hebron Road Remnant Glade
Little River (Durham) Corridor
Lower Eno River/Little River Bottomlands
Middle Eno River Bluffs and Slopes
Mount Moriah Bottomlands
New Hope Creek Slopes
Pennys Bend/Eno River Bluffs
New Hope Creek Aquatic Habitat
Plants:
State Federal
Scientific Name Common Name Status Status Type
Nonvascular
A hanorrhe ma serratum A Moss SR-0 Plant
Nonvascular
Brach hecium rotaeanum Rota's Feather Moss SR-D Plant
Nonvascular
C haea nervosa A Thread Cedar Moss SR-T Plant
March 16, 2008
S&EC Proj ect # 10673.E 1

Dichel ma ca illaceum
Hair Claw Moss
SR-P Nonvascular
Plant

Dicranella varia
Variable Fork Moss
SR-0 Nonvascular
Plant

E hemerum cohaerens Northern Short-lived
Moss
SR-T Nonvascular
Plant

Fontinalis welchiana
Welch's fontinalis moss
SR-T Nonvascular
Plant

Pla iochila ludoviciana
A Liverwort
SR-P Nonvascular
Plant

Pleurochaete luteola Spring-leaved Screw
Moss
SR-0 Nonvascular
Plant

Pohlia melanodon Pink-fruited Thread-
moss
SR-D Nonvascular
Plant

Weissia ludoviciana
A Moss
SR-T Nonvascular
Plant
A astache ne etoides Yellow Giant-hyssop SR-P Vascular Plant
Ba tisia australis var, aberrans Prairie Blue Wild Indio T Vascular Plant
Berberis canadensis American Barber SR-T Vascular Plant
Cardamine dou lassii Dou lass's Bittercress SR-P Vascular Plant
Carex 'amesii James's Sedge SR-P Vascular Plant
Carex meadii Mead's Sedge SR-P Vascular Plant
Corallorhiza wisteriana Spring Coral-root SR-0 Vascular Plant
Delphinium exaltatum Tall Larkspur E-SC FSC Vascular Plant
Dichanthelium annulum A Witch Grass SR-P Vascular Plant
Echinacea laevi ata Smooth Coneflower E-SC E Vascular Plant
Enemion biternatum Eastern Iso rum SR-P Vascular Plant

Eu atorium odfre anum Godfrey's
Thorou hwort
SR-P
Vascular Plant
Fleischmannia incarnata Pink Thorou hwort SR-P Vascular Plant
Gillenia sti ulata Indian Physic SR-P Vascular Plant
Hexalectris s icata Crested Coralroot SR-P Vascular Plant
Liatris s uarrulosa Earle's Blazing-star SR-P Vascular Plant
Lithos ermum canescens Hoary Puccoon SR-P Vascular Plant
Matelea deci iens Glade Milkvine SR-P Vascular Plant
Monotro sis odorata Sweet Pinesa SR-T FSC Vascular Plant
Panicum flexile Wiry Panic Grass SR-P Vascular Plant
Parthenium auriculatum Glade Wild Quinine SR-T Vascular Plant
Prunus pumila var.
sus uehanae
Susquehanna Cher
SR-P
Vascular Plant
Ruellia humilis Low Wild-petunia T Vascular Plant
Scir us endulus Rufous Bulrush SR-0 Vascular Plant
Scutellaria leonardii Shale-barren Skullcap SR-P Vascular Plant
Sil hium terebinthinaceum Prairie Dock SR-P Vascular Plant

Solida o ri ida var, labrata Southeastern Bold
Goldenrod
SR-P
Vascular Plant
Symphyotrichum laeve var.
concinnum
Narrow-leaf Aster
SR-P
Vascular Plant

Thermo psis mollis Appalachian Golden-
banner
SR-P
Vascular Plant
Page 5 of 9
March 16, 2008
S&EC Project #10673.E1
Page 6 of 9
Trichostema brachiatum Glade Bluecurls SR-P Vascular Plant
Tridens cha manii Cha man's Redto SR-P Vascular Plant
Trifolium reflexum Buffalo Clover SR-T Vascular Plant
Animals:
State Federal
Scientific Name Common Name Status Status T e
Invertebrate
Fusconaia masoni Atlantic Pi toe E FSC Animal
Somatogyrus Invertebrate
vir inicus Panhandle Pebblesnail SR FSC Animal
Invertebrate
Villosa constricta Notched Rainbow SC Animal
Invertebrate
Autochton cellus Golden Banded-Skipper SR Animal
Alasmidonta Invertebrate
undulata Triangle Floater T Animal
Invertebrate
Lam silis radiata Eastern Lam mussel T Animal
Invertebrate
Villosa constricta Notched Rainbow SC Animal
Invertebrate
Gom hus se tima Se tima's Clubtail SR FSC Animal
Invertebrate
Villosa constricta Notched Rainbow Sc Animal
Invertebrate
Dibusa an ata A Caddisfl SR Animal
Strophitus Invertebrate
undulatus Creeper T Animal
Lasmigona Invertebrate
subviridis Green Floater E FSC Animal
Invertebrate
Lam silis s p. 2 Chameleon Lam mussel SR Animal
Alasmidonta Invertebrate
varicosa Brook Floater E FSC Animal
Invertebrate
Lam silis cariosa Yellow Lam mussel E FSC Animal
Strophitus Invertebrate
undulatus Creeper T Animal
Invertebrate
Lam silis cariosa Yellow Lam mussel E FSC Animal
Invertebrate
Villosa constricta Notched Rainbow Sc Animal
Invertebrate
Villosa delumbis Eastern Creekshell SR Animal
Villosa Invertebrate
vau haniana Carolina Creekshell E FSC Animal
Invertebrate
Fusconaia masoni Atlantic Pi toe E FSC Animal
Invertebrate
Lam silis radiata Eastern Lam mussel T Animal
Necturus lewisi Neu se River Waterdo Sc Vertebrate
March 16, 2008
S&EC Project #10673.E1
Page 7 of 9
Animal
Hemidactylium Vertebrate
scutatum Four-toed Salamander SC Animal
Ambloplites Vertebrate
cavifrons Roanoke Bass SR FSC Animal
Hemidactylium Vertebrate
scutatum Four-toed Salamander SC Animal
Vertebrate
Necturus lewisi Neuse River Waterdo SC Animal
Vertebrate
Acci iter striatus Sharp-shinned Hawk SR Animal
Ambloplites Vertebrate
cavifrons Roanoke Bass SR FSC Animal
Ambloplites Vertebrate
cavifrons Roanoke Bass SR FSC Animal
Etheostoma collis Carolina Darter - Eastern Piedmont Vertebrate
pop. 2 Population SC FSC Animal
Ambloplites Vertebrate
cavifrons Roanoke Bass SR FSC Animal
Vertebrate
Noturus furiosus Carolina Madtom T FSC Animal
Vertebrate
Necturus lewisi Neuse River Waterdo SC Animal
US-E: Federally Endangered
US-T: Federally Threatened
US-FSC: Federal Species of Concern
US-C: Federal Candidate
NC-E: North Carolina Endangered
NC-T: North Carolina Threatened
NC-SC: North Carolina Special concern
NCNHP-SR: North Carolina Natural Heritage Program designated Significantly Rare
-P: Peripheral, -T: Throughout Range, -L: Local
"Endangered Species" (E) means any native species documented by biological research and
inventory to be in danger of extirpation throughout all or a significant portion of its range within
the state and to have no more than five occurrences in the state, and any species determined
to be an "endangered species" pursuant to the federal Endangered Species Act.
"Threatened Species" (T) means any native species documented by biological research and
inventory to be likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range within the sate and to have no more than nine
occurrences in the state, and any species determined to be a "threatened species" pursuant to
the federal Endangered Species Act, except for such species determined to be endangered by
the Commissioner in accordance with section 4 of this act.
"Candidate" (C) "Taxa for which the [Fish and Wildlife] Service has on file enough substantial
information on biological vulnerability and threat(s) to support proposals to list them as
endangered or threatened. Proposed rules have not yet been issued because this action is
March 16, 2008
S&EC Project #10673.E1
Page 8 of 9
precluded at present by other listing activity. Development and publication of proposed rules on
these taxa are anticipated. The Service encourages State and other Federal agencies as well
as other affected parties to give consideration to these taxa in environmental planning."
(Federal Register, February 28, 1996). Taxa formerly in 'Category 1' are now considered as
'Candidate'.
"Species of Special Concern" (SC) means any native plant species or any native nonharvested
wildlife species documented by scientific research and inventory to have a naturally restricted
range or habitat in the state, to be at a low population level, to be in such high demand by man
that its unregulated taking would be detrimental to the conservation of its population or has
been extirpated from the state.
"Significantly Rare" (SR) Species which are very rare in North Carolina, generally with 1-20
populations in the state, generally substantially reduced in numbers by habitat destruction (and
sometimes also by direct exploitation or disease). These species are generally more common
somewhere else in their ranges, occurring in North Carolina peripherally to their main ranges,
mostly in habitats which are unusual in North Carolina. Also included are some species with 20-
100 populations in North Carolina, if they also have only 50-100 populations rangewide and are
declining.
Summary
The records search at the Natural Heritage Program revealed that the above-listed
species are recorded within a 5-mile radius of the project boundaries. The file search at the
State Historic Preservation Office produced no records of structures on property listed on the
National Registry (NR), Determination of Eligibility (DOE), Study List (SL), or Locally
Designated (LD) lists. The records search at the North Carolina Office of State Archaeology
revealed no documented historical archaeological sites, surveys, or artifacts within the project
boundaries.
If you have any questions orpeed additional services, feel free to contact S&EC.
S i n c re l,
(
Davi ?G
/ roject Manager
Environmental §p
Jknes raham 4?
logist/Environmental Scientist
Attachments:
1) Natural Heritage and Historic Site Map
Cc: David Beischer 2726 Croasdaile Dr. Durham, NC 27705
March 16, 2008
S&EC Project #1067311
Page 9 of 9
References
[NHP] North Carolina Natural Heritage Program. 2009. N.C. NHP internet-based search.
Natural Heritage Program Virtual Workroom <http://www.ncnhp.org> Accessed 6 March
2009.
----- 2009. N.C. NHP internet-based search.
<http://www.nconemap.com/GetData/DownloadFTP/tabid/286/DefauIt.aspx> Accessed 4
March 2009.
? ?;•........• Dye
COUNTY OF DURHAM
ENGINEERING DEPARTMENT
RECEIVED BY
JUN 1. 9 2009
CIVIL CONSULTANTS, INC.
LETTER OF APPROVAL
PROJECT NAME: Rose of Sharon
SUBMITTED BY: Civil Consultants
NEW SUBMITTAL (X) REVISED ( )
June 15, 2009
JOB NUMBER: 4167-02
May 29, 2009
Susan Fox Beischer
2726 Croasdaile Drive
Suite 101
Durham, NC 27705
Dear Ms. Beischer:
09`0 745
? V
JUL y 2009
DENR . WATER QUALITY
WE'M M AND STORMWArER BRANCH
This office has reviewed the subject Sedimentation and Erosion Control Permit
Application. We find the application to be acceptable and hereby issue this letter of
approval. If any stipulations or recommendations are applicable, a list is attached and is
incorporated as a part of this letter of approval. Pursuant to Section 3.8.5 of the Durham
City-County Unified Development Ordinance, plans for which no permit has been issued
shall expire one year from the approval date.
Please be advised that a copy of the approved plan must be on file at the job site, and a
land-disturbing permit must be obtained and prominently displayed. Pursuant to G.S.
113A-61 (d) and Section 15.5.1 of the Durham City-County Unified Development
Ordinance, you are hereby notified that the Sedimentation and Erosion Control Office
has the right to inspect the site over the life of the project to insure compliance with the
approved plan and ordinance.
The Sedimentation and Erosion Control Program is performance oriented, requiring
protection of the natural resources and adjoining properties. If following the
commencement of this project it is determined that the sedimentation and erosion control
plan is inadequate to meet the requirements of the Durham City-County Unified
Development Ordinance, this office may require revisions in the plan and its
implementation to insure compliance with the Ordinance.
120 E. Parrish Street, Law Bldg., 1st Floor, Durham, N.C. 27701 [phone] Fax [phone]
Equal Employment/Affirmative Action Employer
Pursuant to Section 12.10.6 of the Durham City-County Unified Development Ordinance,
prior to initiating land-disturbing activity, the person conducting such activity must note
the sedimentation and erosion control office of the date that such activity will begin.
We look forward to working with you on this project.
Sincerely,
Robert Sokolowski
Erosion Control Technician
Encl.: Application Review Comments
NPDES Permit
cc: Consultant- Tony M. Whitaker
BS/cst
SE-07
Rev.02/08