20051967 Ver 1_Complete File_20051026

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 17, 2006
DWQ Project # 05-1967
Orange County
Mr. Eric Peterson
Town of Hillsborough
P.O. Box 429
Hillsborough, NC 27278
Subject Property: Waterstone Drive
Ut to Cates Creek [030401, 27-2-8, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Peterson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0974 acres of wetland, 660 linear feet of streams and 60,915 square feet (ft)
of protected riparian buffers for the purpose of constructing the thoroughfare road at the subject property,
as described within your application dated October 26, 2005, and received by the N.C. Division of Water
Quality (DWQ) on October 26, 2005, with more information received by the DWQ on February 14, 2006.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s)
NW 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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?tura?y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
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lit
Town of Hillsborough, NC
Page 2 of 5
February 17, 2006
Amount Approved nits Plan Location or Reference
404/Wetland 0.0974 acres PCN page 4 of 9
Stream 660 linear feet PCN page 4 of 9
Buffers - Zone 1 36,445 (square feet PCN page 8 of 9
Buffers - Zone 2 24,470 (square feet) I PCN page 8 of 9
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This
has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears -your check (made payable_to: DENR - Ecosvstem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Impact - Compensatory
Mitigation Required River and Sub-basin
Number
Buffers 101,648 square feet Neuse - 03020201
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
6. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
Town of Hillsborough, NC
Page 3 of 5
February 17, 2006
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B .0233 and GC 3404;
7. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert: Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Town of Hillsborough, NC
Page 4 of 5
February 17, 2006
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality,. 1650 Mail Service Center, Raleigh, NC, 27699-1650.
10. Cumulative impacts on downstream water quality
In accordance with the February 9, 2006 letter from the Town of Hillsborough, on-site stormwater
management shall be required for stormwater from all parcels that are developed as a result of this
road construction. The Town of Hillsborough has the responsibility to notify landowners and
developers of these tracts with respect to this requirement. These stormwater management plans shall
conform to the latest DWQ design guidelines in effect when the parcels are developed. The Town of
Hillsborough shall maintain copies of these approved plans and make them available for DWQ
inspection and review upon request.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
??
/111 Alan W. Klimek, P.E.
AWK/Um
Enclosures: GC 3404
Certificate of Completion
cc: Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 051967 WaterstoneDrive(Omnge)401 _NBR
02/09/2006 18:32 9196442390 TOWN HALL PAGE 02
Town
of
HUN
010" Ibm a
February 9, 2006
Ms. Cyndi Karoly
NCDFNR- DWQ
1650 Mail Service Center
Raleigh, North Carolina 2
Reference: DWQ# 05-1
Dear Ms. Karoly:
The Town of Hillsborough
involving the Waterston Dri
commits to requiring on-sits
bioretention, or constructed wo
thoroughfare.
If you should have any questic
Bill Swaney, PE from The Job
Sincerely,
Town of Hillsborough
l?
/ '?00?00.
Eric Peterson
Town Manager
ceived your letter regarding the review of DWQ# 05-1967
permit application. In response, the Town of Hillsborough
stormwater management measures (such as level spreaders,
ands) for any additional development on parcels adjacent to this
3, please feel free to contact me at (919) 7321270 Ext. 80 or Mr,
R. McAdams Company at [phone] x147.
101 Fast Orange SIV • P.O. Box 429 • Hillsbor-oreglr, North Carolina 27278
19-7321270 • Fax [phone]
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
February 14, 2006
S&EC Project # 4433.w2
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Drive, DWQ Project # 05-1967
Hillsborough, Orange County, NC
Dear Mrs. Karoly:
r=3 /I
° L;g U Vil
OENR - WAI EFt t t ALI IY
ftnAAkA AND fthMNfl lkit WOKH
On November 4, 2005, Soil & Environmental Consultants, PA (S&EC) received a copy of the
Request for More Information letter addressed to Mr. Eric Peterson, Town of Hillsborough dated
October 31, 2005. This letter requests additional information regarding section XIV and section
X.3 of the Pre-Construction Notification Application (PCN); cumulative impacts and buffer
mitigation, respectively.
Since this is a connector road for the Town of Hillsborough and it will be connecting Old NC
Highway 86 and the New NC Highway 86 it is possible that the parcels located within this area
could be developed in the future. As such, the Town of Hillsborough is willing to accept potential
stormwater management issues with the future development of these areas, please see attached
letter.
In regards to Riparian Buffer Mitigation, an In-Lieu Fee Request Form has been sent to the EEP
for 26,685 square feet of Zone 1 and 14,395 square feet of Zone 2, totaling of 101,648 square
feet of riparian buffer mitigation, please see attached EEP acceptance letter.
Please feel free to call me if you have any additional questions.
Sincerely,
f
Sean Clark
Attachments:
1) Town of Hillsborough letter dated February 9, 2006
2) EEP Acceptance letter dated November 18, 2005
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540;8234
Fax: [phone]
Y
Ecosystem
PROGRAM
November 18, 2005
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Drive
County: Orange

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold W
arm

Neuse
0
0
L
0
0 !t
0
26,685
14,375
03020201 L : Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 information, please contact Carol Shaw at [phone].
Sincerely,
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Reston ... F ... Protects' our Sta t&
AMA
FCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
February 14, 2006
S&EC Project # 4433.w2
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Drive, DWQ Project # 05-1967
Hillsborough, Orange County, NC
Dear Mrs. Karoly:
FFF? ? 4 2UU6
UENR - WAT Ek QUALITY
*"Lo" AND VORMWIATER BRANCH
On November 4, 2005, Soil & Environmental Consultants, PA (S&EC) received a copy of the
Request for More Information letter addressed to Mr. Eric Peterson, Town of Hillsborough dated
October 31, 2005. This letter requests additional information regarding section XIV and section
X.3 of the Pre-Construction Notification Application (PCN); cumulative impacts and buffer
mitigation, respectively.
Since this is a connector road for the Town of Hillsborough and it will be connecting Old NC
Highway 86 and the New NC Highway 86 it is possible that the parcels located within this area
could be developed in the future. As such, the Town of Hillsborough is willing to accept potential
stormwater management issues with the future development of these areas, please see attached
letter.
In regards to Riparian Buffer Mitigation, an In-Lieu Fee Request Form has been sent to the EEP
for 26,685 square feet of Zone 1 and 14,395 square feet of Zone 2, totaling of 101,648 square
feet of riparian buffer mitigation, please see attached EEP acceptance letter.
Please feel free to call me if you have any additional questions.
Sincerely,
Sean Clark
Attachments:
1) Town of Hillsborough letter dated February 9, 2006
2) EEP Acceptance letter dated November 18, 2005
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336)540;8234
Fax: [phone]
02/09/2006 18:32 9196442390 TOWN HALL PAGE 02
Towns
of
IIIIIS
01064 73Vffl of
February 9, 2006
Ms. Cy" Kawly
NCDENR- DWQ
1650 Mail Service Center
Raleigh, North Carolina 27
,Reference: DWQ# 05-1
Dear Ms, Karoly:
The Town of Hillsborough ceived your letter regarding the review of DWQ# 05-1967
involving the Waterston D ' permit application. In response, the Town of Hillsborough
commits to requiring on-sit stormwater management measures (such as level spreaders,
bioretcntion, or constructed w ands) for any additional development on parcels adjacent to this
thoroughfare.
If you should have any queWi , please feel free to contact me at [phone] Ext. 80 or Mr.
Bill Swaney, PE from The Job R. McAdams Company at [phone] x147.
Sincerely,
Town of Hillsborough
15;?- / /?'
Eric Peterson
Town Manager
101 East Orange 0 t P.O. Box 429 Hillsborough, North Carolina 27278
l,9-732-1270 • Fax [phone]
-??eos stem
PROGRAM
November 18, 2005
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Drive
County: Orange

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Ri arian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 26,685 14,375
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 information, please contact Carol Shaw at [phone].
Sincerely,
:? . C 7; jll
bill?li`amD. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
Prot"P.GtGGC9 Oar State
AMA
IYMHR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
•
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
February 14, 2006
S&EC Project # 4433.w2
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Drive, DWQ Project # 05-1967
Hillsborough, Orange County, NC
Dear Mrs. Karoly:
06
?Noi
14ZTL O Mt) STOR"pmik BRmcll
On November 4, 2005, Soil & Environmental Consultants, PA (S&EC) received a copy of the
Request for More Information letter addressed to Mr. Eric Peterson, Town of Hillsborough dated
October 31, 2005. This letter requests additional information regarding section XIV and section
X.3 of the Pre-Construction Notification Application (PCN); cumulative impacts and buffer
mitigation, respectively.
Since this is a connector road for the Town of Hillsborough and it will be connecting Old NC
Highway 86 and the New NC Highway 86 it is possible that the parcels located within this area
could be developed in the future. As such, the Town of Hillsborough is willing to accept potential
stormwater management issues with the future development of these areas, please see attached
letter.
In regards to Riparian Buffer Mitigation, an In-Lieu Fee Request Form has been sent to the EEP
for 26,685 square feet of Zone 1 and 14,395 square feet of Zone 2, totaling of 101,648 square
feet of riparian buffer mitigation, please see attached EEP acceptance letter.
Please feel free to call me if you have any additional questions.
Sincerely,
Sean Clark
Attachments:
1) Town of Hillsborough letter dated February 9, 2006
2) EEP Acceptance letter dated November 18, 2005
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: (336)540;8234
Fax: [phone] Fax: [phone]
Y ?02/09/2006L 18:32 9196442390 _ TOIAN HALL PAGE 02
Town
of
111s1
?In=175
010" lows o1
February 9, 2006
Ms. Cyndi Karoly
NCDENR- DWQ
1650 Mail Service Center
Raleigh, North Carolina 2
,Reference: DWQ# 05-196
Dear Ms. Karoly:
The Town of Hillsborough
involving the Waterston Dri
commits to requiring on-sit(
bioretention, or constructed wi
thoroughfare.
If you should have any questic
Bill Swaney, PE from The Joky
Sincerely,
Town of Hillsborough
15;?- / X-11?0
Eric Peterson
Town Manager
celved your letter regarding the review of DWQ 05-1967
permit application, In response, the Town of Hillsborough
stormwater management measures (such as level spreaders,
ands) for any additional development on parcels adjacent to this
please feel free to contact me at [phone] Ext. 80 or Mr,
lZ. McAdams Company at [phone] x147.
101 East Orange St9-732-1270 PO. Box 429 - Hillsborough, North Carolina 27278
• Fax [phone]
Y
Ecos stem
PROGRAM
November 18, 2005
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Drive
County: Orange

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 26,685 14,375
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 information, please contact Carol Shaw at [phone].
Sincerely,
biliam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
kutorui?j... F ... Not"' Our sta&
Q??
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Drive, DWQ Project # 05-1967
Hillsborough, Orange County, NC
Dear Mrs. Karoly:
February 14, 2006
S&EC Project # 4433.w2
CSC ' D
FEB 1 4l.UU6
WETLANDS AND STORWMUAERL,BRANCH
On November 4, 2005, Soil & Environmental Consultants, PA (S&EC) received a copy of the
Request for More Information letter addressed to Mr. Eric Peterson, Town of Hillsborough dated
October 31, 2005. This letter requests additional information regarding section XIV and section
X.3 of the Pre-Construction Notification Application (PCN); cumulative impacts and buffer
mitigation, respectively.
Since this is a connector road for the Town of Hillsborough and it will be connecting Old NC
Highway 86 and the New NC Highway 86 it is possible that the parcels located within this area
could be developed in the future. As such, the Town of Hillsborough is willing to accept potential
stormwater management issues with the future development of these areas, please see attached
letter.
In regards to Riparian Buffer Mitigation, an In-Lieu Fee Request Form has been sent to the EEP
for 26,685 square feet of Zone 1 and 14,395 square feet of Zone 2, totaling of 101,648 square
feet of riparian buffer mitigation, please see attached EEP acceptance letter.
Please feel free to call me if you have any additional questions.
Sincerely,
Sean Clark
Attachments:
1) Town of Hillsborough letter dated February 9, 2006
2) EEP Acceptance letter dated November 18, 2005
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
02/09/2006 18:32 9196442390 TOWN HALL PAGE 02
Town.
Of
Hll,I,,s.
WW4X"a
February 9, 2006
Ms. Cyndi Karoly
NCDENR- DWQ
1650 Mail Service Center
Raleigh, North Carolina 2
Reference: DWQ# 05-196
Dear Ms, Karoly:
The Town of Hillsborough
involving the Waterstone Dri
commits to requiring on-sit(
bioretention, or constricted wi
thoroughfare.
If you should have any questic
Bill Swaney, PE from The Job
Sincerely,
Town of Hillsborough
Eric Peterson
Town Manager
celved your letter regarding the review of DWQ# 05-1967
permit application. In response, the Town of Hillsborough
stormwater management measures (such as level spreaders,
ands) for any additional development on parcels adjacent to this
please feel free to contact me at (919) 7321270 Ext. 80 or Mr,
R. McAdams Company at [phone] x147.
101 East Orange Srrft - PO. Box 429 - Hillsborough, North Carolina 27278
19-732-1270 - Fax [phone]
,,Ecos stem
. ? V ~.
PROGRAM
November 18, 2005
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Drive
County: Orange
s ?A? t
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 26,685 14,375
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 information, please contact Carol Shaw at [phone].
Sincerely,,
billLliam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
kutort, t9... E ... Protect OGt;'r Stag
UbENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Rafeigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
February 14, 2006
S&EC Project # 4433.w2
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Drive, DWQ Project # 05-1967
Hillsborough, Orange County, NC
Dear Mrs. Karoly:
LR LR0W1 [0)
FEB z 4 2006
17ENk.. WA7kp, QUAI 1T y
TLANDSAND STORYWATER BRANCH
On November 4, 2005, Soil & Environmental Consultants, PA (S&EC) received a copy of the
Request for More Information letter addressed to Mr. Eric Peterson, Town of Hillsborough dated
October 31, 2005. This letter requests additional information regarding section XIV and section
X.3 of the Pre-Construction Notification Application (PCN); cumulative impacts and buffer
mitigation, respectively.
Since this is a connector road for the Town of Hillsborough and it will be connecting Old NC
Highway 86 and the New NC Highway 86 it is possible that the parcels located within this area
could be developed in the future. As such, the Town of Hillsborough is willing to accept potential
stormwater management issues with the future development of these areas, please see attached
letter.
In regards to Riparian Buffer Mitigation, an In-Lieu Fee Request Form has been sent to the EEP
for 26,685 square feet of Zone 1 and 14,395 square feet of Zone 2, totaling of 101,648 square
feet of riparian buffer mitigation, please see attached EEP acceptance letter.
Please feel free to call me if you have any additional questions.
Sincerely,
Sean Clark
Attachments:
1) Town of Hillsborough letter dated February 9, 2006
2) EEP Acceptance letter dated November 18, 2005
Charlotte Office,
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
02/09/2006 18:32 9196442390 TOWN HALL PAGE 02
Tower
of
Hills
o= Va
010" 1*n a
February 9, 2006
Ms. Cyndi Karoly
NCDENR- DWQ
1650 Mail Service Center
Raleigh, North Carolina 27
Reference: DWQ# 05-1
Dear Ms, Karoly:
The Town of Hillsborough
involving the Waterstone Dri
commits to requiring on-site
bioretention, or constructed wi
thoroughfare.
If you should have any questic
Bill Swaney, PE from The Job
Sincerely,
Town of Hillsborough
, ? ?- / ". 0 ??
Eric Peterson
Town Manager
ceived your letter regarding the review of DWQ# 05-1967
permit application, In response, the Town of Hillsborough
stormwater management measures (such as level spreaders,
ands) for any additional development on parcels adjacent to this
please feel free to contact me at [phone] Ext. 80 or Mr,
R. McAdams Company at [phone] x147.
101 East Orange St?t • SIR 0. Box 429 - Hillsborough, North Carolina 27278
19-732-1270 - Fax [phone]
rb??J
aE os
stem
11"W ? I N)
PROGRAM
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Drive
November 18, 2005
County: Orange
DENR - WATER UU,1+ .i FY
WETLANDS AND STORMWATER BRANCH
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold cool Warm
Neuse 0 0 0 0 0 0 26,685 14,375
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 information, please contact Carol Shaw at [phone].
Sincerely,
bill7amD. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
RUtOripi?5... E pd"... Pf'Ot"ECtI' O"r St7a&

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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
OF W ATF9 Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources
O .? Alan W. Klimek, P.E. Director
Division of Water Quality
October 31, 2005
DWQ Project # 05-1967
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Eric Peterson
Town of Hillsborough
P.O. Box 429
Cary, NC 27278
Subject Property: Waterstone Drive
Ut to Cates Creek [030401, 27-2-8, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Peterson:
On October 26, 2005, the Division of Water Quality (DWQ) received your application dated October 26,
2005, to impact 0.0974 acres of wetland, 660 linear feet of stream (intermittent) and 60,915 square feet of
Neuse River Basin riparian buffer (36,445 square feet Zone 1 and 24,470 square feet Zone 2) to construct
a thoroughfare road, including four bridges over an unnamed tributary to Cates Creek, to provide an east-
west connection between Old Highway 86 and New Highway 86 as described in your application. The
DWQ has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will cause
a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing your plans,
it is clear that construction of this road (connecting Old NC Highway 86 and New NC Highway 86)
will result in additional development to several tracts that will then gain road access. In addition, it
appears that several of these tracts will require additional wetland, stream and buffer impact in order
to get full access. With respect to cumulative impacts, the Preconstruction Notification (PCN - .
Section XIV) form for the project asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes or 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://h2o.enr.state.nc.us/ncwetlands."
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv•//h2o enr.state. nc:us/ncwetlands
None Carolina
Atara!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Town of Hillsborough
Page 2 of 2
October 31, 2005
Although, the "No" box was checked in regards to this question, as stated above, in reviewing your
plans, as well as, in conversations with yourself and other personnel with the Town of Cary, it is clear
that construction of this road, as stated previously (connecting Old NC Highway 86 and New NC
Highway 86), will result in additional development to several tracts that will then gain road access.
While this may be accurate, clearly there will be additional stream impacts in order to develop the
adjacent parcels and the stormwater from these developments have the may cause a violation of
downstream water quality standards.
Therefore, we will place this project on hold for incomplete information until the cumulative impacts
of this project are adequately addressed. Alternatively, one way to address this concern is to have the
Town of Hillsborough commit to requiring on-site stormwater management measures (such as level
spreaders, bioretention or constructed wetlands) for the additional development when those parcels
are developed (as these areas are also within a Nutrient Sensitive Waters (NSW) watershed.
However, the Division is open to other approaches that would give us the assurance that downstream
water quality would be protected from the cumulative impacts of this project.
Additionally, since you have proposed payment to the EEP to satisfy mitigation as a result of impacts
to protected Neuse River Basin riparian buffers, please provide the DWQ with a copy of the letter
from EEP accepting your request (80,055 square feet total Zone 1 and 21, 593 square feet total Zone
2).
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
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,
Ya,4
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ym
Enclosures: Cumulative Impacts and the 401 Water Quality Certification and Isolated Wetland Permit
Programs - Division of Water Quality Internal Policy - NC Division of Water Quality
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 051967 W aterstoneDrive(Orange)On_Hold
Cumulative impacts and the 401 Water Quality Certification and
Isolated Wetland Permit Programs
Division of Water Quality Internal Policy
NC Division of Water Quality
April 10, 2004
Version 2.1
Backa?roun_d
Existing rules for the 401 Water Quality Certification Program (15A NCAC 2H .0506(b)(4) and
(c)(4)) as well as those for the Isolated Wetland Permit Program (15A NCAC 2H .1300) require that DWQ
determine that a project "does not result in cumulative impacts, based upon past or reasonably
anticipated future impacts, that cause or will cause a violation of downstream water quality standards."
This internal policy is meant to give direction to DWQ Central and Regional Office staff as well as the
regulated public on how to implement this rule. Cumulative impact is defined as those "environmental
impacts resulting from incremental effects of an activity when added to other past, present, and
reasonably foreseeable future activities regardless of what entities undertake such other actions" (taken
from 15A NCAC 1A which implement the State Environmental Policy Act) for the Department of
Environment and Natural Resources.
It is important to note that the 401 Certification rules require an examination of cumulative impacts
in terms of their. impact on downstream water quality standards ,and their associated designated uses.
This is a relatively narrow provision that requires DWQ staff to focus on downstream standards (narrative
and numeric) rather than (for instance) the effect of the development on wildlife habitat. Therefore, only if
that impact will cause a violation of downstream water quality standards is the project of concern in the
context of cumulative impact for DWQ's wetland permitting programs. However, water quality standards
form the basis of all water quality regulation and permitting programs. This rule (although narrow in its
scope since- it focuses on downstream water quality) provides an essential tool for 'DWQ to use to
manage cumulative impact. Water quality impairment is usually tied to stormwater runoff that can
increase with road construction and urban development. This policy is intended to address this
regulatory requirement.
Policy
1. DOT (and other public transportation) projects
The major types of DOT projects and their need for different levels of cumulative analysis are
outlined below. The three types of cumulative impact analysis with respect to this policy are 1)
Generic description, 2) Qualitative analysis, and 3) Quantitative analysis.
A. Generic description of water quality impacts: Small-scale widening projects, bridge
replacements projects and intersection improvement projects - These projects which
include categorical exclusions (23 C.F.R. § 771.117) and minimum criteria (19A NCAC 2F
.0102) normally have a low potential for cumulative impact since little (if any) new
impervious surface is added and the projects are usually in already developed locales.
DWQ believes that a generic description can be developed which addresses the
cumulative impacts of the majority of these projects in the context of the 401 Certification
and isolated wetland rules. However, if DWQ staff determines that any of these projects
may have growth-stimulating effects and downstream impacts, then either a qualitative
cumulative impact analysis (see B below) or (more rarely) a quantitative analysis (see C

below) should be required of the applicant. These projects which will require a more
complex analysis often coincide with projects identified by the Pre-screening process of
the Department of Transportation.
B. Qualitative Analysis of water quality Impacts: Proiects such as widening with new
locations: Most of these projects have a low potential for cumulative impacts since these
locations tend to be near existing roads and already developed areas. Therefore, a
narrative cumulative impact analysis prepared using the methodology outlined in the
DOT/DENR NEPA/SEPA document (Guidance for Assessinq Indirect and Cumulative
Impacts of Transportation Projects in North Carolina. Volumes I and ll. 2001, State of
North Carolina Department of Transportation and Environmental and Natural Resources
prepared by The Louis Berger Group, Inc., Cary, N.C. or their updates) should suffice for
the 401 Certification and Isolated Wetland permitting programs.' If DWQ technical staff
determines that any of these projects will have growth-stimulating effects and downstream
impacts, then a quantitative analysis should be required of the applicant (see below).
C. Quantitative (i.e., Detailed) Analysis of water quality Impacts: Projects such as.roads
on new location: Many of these projects may have growth-stimulating effects (i.e., urban
growth beyond that expected without the project) since new growth has the potential to
occur on otherwise undeveloped property adjacent to the new road alignment. Therefore,
these projects may result in cumulative impacts to water quality. The overall process as
outlined below will be used to deal with new location projects or for any other project that
will have growth-stimulating effects, including projects that would otherwise be categorized
as "Generic Description" or "Qualitative Analysis" projects.
a. Is growth Ilkely to be Induced by the prolect? This may be indicated by
projected land use changes or by the purpose and need of the project (i.e., if the
project is specifically planned to stimulate growth). For instance, projects on new
location near urban areas often have the greatest potential for cumulative impacts
since they provide improved access to previously inaccessible sites. A narrative
cumulative impact analysis prepared using the methodology outlined in the
DOT/DENR NEPA/SEPA Cumulative Impacts Guidance document mentioned earlier
should generally suffice to answer this question. If the answer to this question is "no",
then no further analysis is needed and the narrative (qualitative) analysis should be
sufficient.
likely to be Impacted by the Growth? The following descriptions (categories 1, 2
and 3) should help clarify the answer to this question.
1.. Water Supply, HOW and ORW classifications -DWQ has several existing
regulatory programs that address cumulative impacts for these waters.
Specifically, the Water Supply Protection Program as well as the
watershed-specific management plans for ORW and HQW watersheds
provides considerable protection from cumulative impact on downstream
water quality. In addition, DWQ often relies on other state permitting
programs such as the High Quality Waters Best Management Practices
developed by the Division of Land Resources for protection of water quality.
DOT reports for projects impacting these waters should describe and
analyze these existing programs for a particular project. In most cases, a
narrative analysis based on the DOT/DENR NEPA/SEPA report with clear
reference to these existing DWQ permitting program as well as a
description of the general effectiveness of these programs in protecting
water quality should be sufficient. However, if DWQ staff determines that a
project appears to have growth-stimulating effects and downstream impacts
1 These documents will need to be revised to explicitly refer to water quality-related issues for the 401 Certification and
Isolated Wetland Permitting Programs. In the interim, DWQ believes that the procedures outlined in these documents will
normally suffice for cumulative impact analysis for these projects.
2
that are not addressed by existing regulatory programs, then a quantitative
analysis may be required.
2. Class C, B, SC and SB classifications - The potential for cumulative
analysis from these projects should be discussed utilizing the qualitative
analysis described above for these stream classifications. If significant
potential for cumulative impact is identified (for instance due to the
presence of endangered aquatic species), then a quantitative analysis may
be required.
3. Impaired Waters (303 (d) listed Waters), SA (Commercial Shellfishing), and
Trout classification - These watersheds warrant special attention with
respect to cumulative impact analysis since existing regulatory programs
often have not adequately addressed pollution sources for these waters.
With respect to the impaired waters, the reported parameter of concern and
source (for instance, point versus non-point) of the contaminant should be
examined to determine if the new location road and any induced
development are likely to further impact these waters. For instance, if the
impaired water is listed as impacted by dioxin from point sources, it is very
unlikely that a new road and its associated development would exacerbate
the situation. In this case, a qualitative analysis of cumulative impacts will
usually suffice. However, for Trout and SA waters as well as impaired
waters which are impaired by pollutants likely increased by development
(such as bacteria, nutrients .or sedimentation), then a detailed, quantitative
analysis should be conducted by DOT to determine 1) if cumulative impacts
are likely and then (if impacts are predicted to occur) as well as 2) what
non-point source control measures, will be needed and how they are to be
implemented. This analysis will often require watershed-level modeling
using export coefficients, estimated levels of treatment for BMP's and
comparison to numerical water quality standards or numeric water quality
goals. With respect to implementation, discussion with and commitment
from local governments may be needed to address these cumulative
impacts.
c. Are additional regulatory measures needed? (i.e., are there existing
regulatory programs which can address these Impacts?). For instance, the
Phase II NPDES Stormwater Permit Program addresses stormwater runoff from
development as do riparian buffer rules in place in several watersheds across the
state. Finally in some cases, local governments already have land use.control
programs in place that adequately address stormwater runoff. In many cases,
these programs should reduce or eliminate the need for additional regulatory
measures. Modeling may be needed to determine the effect of these existing
programs.
If the answers to all three questions of these questions are yes, then a quantitative
analysis of cumulative impact would be needed for the 401 Water Quality Certification. The
following information describes this process in more detail
2. Analytical conslderatlons for guantltatlve anaiyses:
. a. Impact or service area - The area chosen for detailed study should be selected
by DWQ after consultation with local planning experts and the applicant. The area should
be limited to the downstream location most likely affected by the growth induced as a
result of the project. Boundaries such as major rivers, major physiographic constraints
and already developed areas should be used as appropriate. For instance in some
instances, a seven-mile distance from the road on new location has been used to put
boundaries on the study area.
b. Modeling considerations The selection of models and their study plan must be
approved by DWQ before their use. The model must be in the public domain and include
3

water quality parameters of concern for the water body. An examination of the
effectiveness of various land use control scenarios would also be helpful in evaluating the
cumulative impact of a project on downstream water quality.
c. Time frame for analysis - DWQ's approval of a time frame for analysis must
hinge on what is "reasonably anticipated" as noted in the 401 Certification and Isolated
Wetland rules. Local land use experts should be consulted for their expertise in the local
area. The analysis should (if possible) consider several time frames including a) known
proposed projects, b) 10 years, ands) 20 years. The final determination of the appropriate
time frame should be done by DWQ staff based on the "reasonably anticipated" criteria.
d. Non-point source (i.e., stormwater) measures to consider- Management of the
cumulative impacts of development on downstream water quality necessarily involves
stormwater management since stormwater is often the major source of these pollutants.
The local land use control measures to consider must be focused on the likely (or known)
cause of water quality impairment or concern. For instance in watersheds with
eutrophication issues, measures to manage inputs of nitrogen and phosphorus should be
considered. In watersheds where sediment is the concern, the measures that address
sediment from a) construction, b) developed landscapes, and c) streambank erosion must
all be evaluated.
Measures which often need to be considered include a) enhanced sedimentation and
erosion control BMPs and inspections, b) riparian buffers, and c) on-site stormwater
management, Where appropriate, these measures should utilize the various DWQ design
manuals or be patterned after other DWQ rules. in order to ensure that the specific BMPs
are adequately designed, implemented and maintained to protect downstream water
quality.
II. Other publicly-funded development projects
Other publicly funded development projects may or may not result in cumulative impacts. For
instance, the development of a regional, public park or a new library is unlikely to result in
cumulative impacts. For these projects, a generic description similar to that described in step
I A above should suffice. However, other projects will likely result in cumulative impacts and
therefore, then either a qualitative cumulative impact analysis (see I B above) or (more rarely)
a quantitative analysis (see I C above) should be required of the applicant. Examples of
projects in this later category would be projects targeted to encourage development such as
the Global TransPark.. DWQ staff should use their professional judgment to determine if a
publicly funded project is likely to result in cumulative impacts and would then need a
quantitative analysis of this impact.
III. Private development projects
Privately funded development projects are normally not subject to SEPA or NEPA and
therefore, only rarely require formal environmental documentation. However, if these projects
require 401 Water Quality Certification or an Isolated Wetland Permit, then the cumulative
impact provisions of the Water Quality Certification and Isolated Wetland Permit rules are
applicable.
Many private development projects are unlikely to cause cumulative impacts, including projects
such as urban in-fill, most residential subdivisions, and small commercial developments as well
as agricultural and silvicultural operations that may need permitting from DWQ. However, some
private projects may cause significant cumulative impacts on water quality. In these cases if a
401 Water Quality Certification or Isolated Wetland Permit is required, then either a qualitative
or quantitative analysis of cumulative impact would be needed.
Some private development projects can clearly result in cumulative impact. Recent examples of
this effect include the Streets at South Point Mall in Durham and the Landfall development in
4

Wilmington. Often these developments are 1) relatively large, 2) involve commercial
development, and 3) occur in otherwise relatively undeveloped landscapes with an impact on
regional growth patterns. When these or similar characteristics are present with a private
development project, then DWQ staff should use the guidance outlined in Section I.C. above to
determine if a quantitative analysis of cumulative impacts is needed or whether a qualitative
analysis will be sufficient.
IV. Decision making and Elevation Process
DWQ staff will use the three tiered system outlined above to decide what level of cumulative
impact analysis is appropriate for a given project. This action will normally occur during a pre-
application meeting or in the initial review of a project to help ensure that these analyses do not
cause an undue delay in a project.
A. Elevation Process for DOT proiects - If, after review of the information provided by DOT
and the methodology used to produce it, DWQ technical staff disagrees with the analysis
of growth-stimulating effects and downstream impacts contained in the narrative or
qualitative analysis, then DOT and DWQ will implement'(upon DOT's request) an elevation
process to resolve the issue. A review panel will be established comprised of the.Water
Quality Section Chief, the Wetlands/401 Unit Supervisor and the DOT project coordinator
from DWQ as well as the PDEA Branch Managers a representative from the Project
Development Branch, a representative from the Office of Human Environment from DOT
and consultants who prepared the report. This review panel will convene and review the
available materials to determine whether the proper methodology and analysis were used
or whether the correct conclusion was made regarding the growth-stimulating effects of
the project. DWQ expects to work via conseripus with these parties. However, the
ultimate decision as to what type of analysis is needed must remain with DWQ.
B. Other applicants - If other private or public applicants do not concur with a decision made
by DWQ staff with respect to the level of cumulative impact analysis, the applicant may
request a meeting with the Wetlands/401 Unit Supervisor (or the appropriate Branch Chief
if the initial decision was made by the Unit Supervisor) and other relevant DWQ staff as
well as the applicant and all relevant consultants. DWQ expects to work via consensus
with these parties. However, the ultimate decision as to what type of analysis is needed
must remain with DWQ.
V. Implementation of Measures to Address Cumulative Impact
If the above analyses (especially the quantitative analysis) reveal that additional measures are
needed within a specific geographic area in order to address downstream water quality impacts of
the project and associated growth, the DWQ will work with the local municipalities to develop and
implement local land use control measures which will address the, water quality impacts. Based
on DWQ's experience with the water supply watershed protection rules, NPDES Stormwater
Permitting and riparian buffer protection rules, DWQ believes that these decisions are most
efficiently made at the local level. DWQ staff will work actively with all interested local entities to
help ensure the timely implementation of any needed ordinances. In the unlikely event that a
local government is unable or unwilling to implement the needed protections, DWO will examine
its existing regulatory'responsibil!ties (including, but not limited to, the 401 Certification Program
and NPDES Stormwater Permitting Program) to determine what measures DWQ can undertake to
provide the needed protection for downstream water quality.
Finally, DWQ believes that once the appropriate land use control measures are in place for a
specific area, then these actions should adequately address cumulative impact concerns for that
geographic area for future projects. Therefore, other development projects should be able to rely
on the previous analysis and land use management actions rather than each project conducting
their own, separate analyses as long as the basic conditions under which the land use
management measures were designed and implemented have not changed.
DWQ # 05-1967 Waterstone Drive
Subject: DWQ # 05-1967 Waterstone Drive
From: Laurie Dennison <[e-mail]>
Date: Tue, 01 Nov 2005 10:17:29 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051967W aterstoneDrive(Orange)On_Hold.doc
Content-Type: application/msword
Content-Encoding: base64
1 of 1 11/1/2005 10:18 AM
•
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
October 26, 2005
S&EC Project # 4433.w2
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Todd Tugwell
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, NC 27615
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
i
l
From: Sean Clark
Soil & Environmental Consultants, P.A.'t
11010 Raven Ridge Road,
Raleigh, NC 27614
Re: Waterstone Drive 2 0 5 1 9 6 7 t.
Hillsborough, NC NET ' Pt .; n .??+
On behalf of the applicant, the Town of Hillsborough, please find attached a complete application
and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers (USACE) that the activities proposed below may proceed under Nationwide Permit 14
and General Water Quality Certification 3404. Please contact me at [phone] if you have
any questions or require additional information. In addition, please consider this application our
request for a no practical alternatives determination and Authorization Certificate for impacts to
riparian buffers protected under the Neuse Buffer Rule.
PRC)_II= `T CI IMMARV
Project Name Waterstone Drive
Project Type Secondary Road
Owner / Applicant Town of Hillsborough
Count Orange,
Nearest Town Hillsborough
Water Body Name UT to Cates Creek
Basin / Sub-basin Neuse 03-04-01
Index Number 27-2-8
Class C, NSW
IMPACT St IMMARY
Stream Impact (acres): 0.0345 ac
Wetland Impact acres : 0.0974 ac
Open Water Impact (acres): 0.0 ac
Total Impact to Waters of the U.S. (acres) 0.1319 ac
Total Stream Impact (linear feet): 660'
Total Impact to Buffers 60,915 ft
Attachments:
• Pre-construction Notification (PCN) Application
• Agent Authorization
• USGS Map
• Orange County Soil Survey Map j
• Overall Maps (2 sizes) ?-• Impact Maps (8 sheets)
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Office Use Only: Form Version March 05
20051 967
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
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 aag+e Axea of
Environmental Concern (see the top of page 2 for further details !"Ch - =Rde '_3?
II. Applicant Information
J (;; i 2 4i 200,5
Owner/Applicant Information vVERAi' !?? ??iMw;l+iE s nNCH
Name: Town of Hillsborough
Mailing Address: Eric Peterson
P.O. Box 429
Hillsborough, NC 27278
Raleigh, NC 27612
Telephone Number: [phone] Fax Number:
E-mail Address:
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: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page I of 9
III. Project Information
Attach a, vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Waterstone Drive
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 98732522100
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The road corridor is
located immediately north of I-40 and will connect New Highway 86 to Old Hwy 86.
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): 36.0368 °N 79.0858 °W
6. Property size (acres): +/- 1 mile in length
7. Name of nearest receiving body of water: UT to Cates Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
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 proposed corridor is primarily wooded. Property
surrounding the corridor is also primarily wooded, however residential subdivisions and
individual residential lots are also in the area.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is the construction of a thoroughfare road. Heavy machinery typically used
for road construction will be used for this project.
11. Explain the purpose of the proposed work: The proposed road will provide an east-west
connection between old highway 86 and New Highway 86. Currently there is no such
connection other than using Highway 40 or Highway 85. 4
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Mr. Todd Tugwell of the USACE visited the corridor and the
surrounding property on June 24, and July 25 2004 to make a jurisdictional determination as well
as stream calls within the proposed corridor. At this time it was determined that there would be
multiple projects within the reviewed property boundary. The first project is the road being
applied for with this application In addition to this project there is a commercial development a
residential development and an institutional site (community college site). On October 4, 2004 a
site meeting was held with DWQ to make stream determinations. On September 14, 2004 a
buffer meeting was conducted with Holly Rennell of Orange County to review the channel
features on the property. Ms. Rennell's determinations are reflected on the attached maps.
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 further permits should be required for this road corridor.
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 stream 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,
permanent 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.
?I
Page 3 of 9
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The construction of Waterstone
Drive will result in impacts to jurisdictional features in four areas. Cumulative impacts will
total 660 LF of intermittent stream and 0.0974 acre of wetland imtact
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. -For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
Impact 1 Permanent Road Fill Headwater Wetland No 0 0.0569
(herbaceous)
Impact 2 Permanent Road Fill Headwater Wetland
(herbaceous) No 0 0.0405
Total Wetland Impact (acres) 0.0974
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0974 acre
within proposed easement
4. 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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
Impact 1 UT to Cates Creek Permanent Road Fill Intermittent +/- 2' 245 0.0112
Impact 2 UT to Cates Creek Permanent Road Fill Intermittent +/- 2' 0 0
Impact 3 UT to Cates Creek Permanent Road Fill Intermittent +/- 3' 183 0.0126
Impact 4 UT to Cates Creek Permanent Road Fill Intermittent +/-2' 232 0.0107
Total Stream Impact (by length and acreage) 660 0.0345
Page 4 of 9
5. 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, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Name
Wate Type of Waterbody Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma e)
applicable)
(if ap ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act acres): 0.0345
Wetland Impact acres): 0.0974
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.1319
Total Stream Impact linear feet : 660 LF
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® 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 determined to be isolated by the USACE.
Although there are isolated wetlands in the area they have been avoided so that there
are no impacts to isolated features proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The surrounding property
reviewed and delineated in order to avoid iurisdictional features to the maximum extent
practicable The road is needed to connect NC 86 to Old 86. Currently there is not a connection
Page 5 of 9
between these two roads within approximately 1-'h miles in either direction Either existing
route requires that Hwy 40 or Hwy 85 be used This road will provide a lower speed alternative
to the interstates. The proposed corridor was positioned so as to avoid, jurisdictional features
within the properties that were obtainable.
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
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 size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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
htip://h2o.enr.state.nc.us/ncwetlands/stnugide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Perennial stream impacts were avoided and wetland impacts were avoided and minimized
as much as possible. Typically intermittent/unmitigatable streams do not require mitigations
so none is proposed. Likewise, typically wetland impacts that result in the loss of less than
1/10 acre do not require mitigation, so none has been proposed. If however wetland
mitigation is required the applicant proposes payment to the NC-EEP.
Page 6 of 9
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
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? 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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 ? No ?
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
Page 7 of 9
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
buffer multipliers.
m pact 1
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 7,410 3 (2 for Catawba) N/A
2 6,825 1.5 N/A
Total 14,235 N/A
Impact 2
Zone* Impact
(square feet Multiplier Required
Mitigation
1 2,350 3 (2 for Catawba) N/A
2 3,250 1.5 N/A
Total 5,600 N/A
Impact 3
Zone* Impact
(square feet Multiplier Required
Mitigation
1 13,615 3 (2 for Catawba) 40,845
2 7,075 1.5 10,613
Total 20,690 51,458
Impact 4
Zone* Impact Multiplier Required
(square feet Mitigation
S
1 13,070 3 (2 for Catawba) 39,210
2 7,320 1.5 10,980
Total 20,390 50,190
* Zone 1 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 1.
XI.
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. The client proposes payment into NC-EEP to
satisfy the buffer mitigation requirements.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Although the impervious surface area for the
road will exceed 30%, typically stormwater devices are not required. Diffuse flow provisions are
Page 8 of 9
required and will be meet so that concentrated flow will not enter the buffers from stormwater
discharge off of the road.
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.
This project does not require sewer however most likely a sewer corridor will be placed
within the road's footprint
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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 ? 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will connect two existing well-traveled roads which run perpendicular to two extremely
well traveled interstates Future development undoubtedly is planned in the surrounding areas
but is due to the existence of Interstates 40 and 85 and not as a result of this proposed road.
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Mar 04 05 04:44p
02/22/2005 11:52 FAX
The Brough Law Firm (9191942-5742 p.2
fm 002
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Wanks To Bt: Filled In By The Rplicant
Name: Town of Hillsborough, North Carolina
Address: PO Box 429 borol.?c(b_, NC 27278
Phone: [phone]
Project Name/ Description: Waterstone Drive
Date: March 4, 2005
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting end permitting
To Whom It May Concern:
I, the applicant, hereby designate and authorize Soil & Environmental Consultants, PA to act in my
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc. from this day forward. The 4th - day of
March, 2005
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, br liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to.isiting the site.
Town of Hillsborough
Print Applicant's Name App cant's Signature
Eric Peterson, Town Manager
cc: Mr. John Domey cc: Mr, Scan Clark
NCDENR - DWQ Soil 6r Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
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236 LePhillir Coup, Suite C 3817-E Lnwndah Drive 622 Coon Mountain Lane
Conoortl, NC 28025 Greensboro. NC 27455 Taylorsvillc, NC 28681
Phone: [phone] Phona: [phone] Phone [phone]
Fox; [phone] Fax: [phone] Fan: [phone]
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Date:
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Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
County, NC
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 - Phone: [phone] • Fax: [phone]
www.SandEC.com
October 26, 2005
S&EC Project # 4433.w2
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Todd Tugwell
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, NC 27615
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Waterstone Drive
Hillsborough, NC
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard Suite 2?Q,
Raleigh, NC 27604-2 f?0 r-
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On behalf of the applicant, the Town of Hillsborough, please find attached a complete application
and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers (USACE) that the activities proposed below may proceed under Nationwide Permit 14
and General Water Quality Certification 3404. Please contact me at [phone] if you have
any questions or require additional information. In addition, please consider this application our
request for a no practical alternatives determination and Authorization Certificate for impacts to
riparian buffers protected under the Neuse Buffer Rule.
PR0.IFr:T.qI IMMARY
Project Name Waterstone Drive
Project Type Secondary Road
Owner / Applicant Town of Hillsborough
Count Orange,
Nearest Town Hillsborough
Water Body Name UT to Cates Creek
Basin / Sub-basin Neuse 03-04-01
Index Number 27-2-8
Class C NSW
IMPACT SUMMARY
Stream Impact (acres): 0.0345 ac
Wetland Impact acres : 0.0974 ac
Open Water Impact (acres): 0.0 ac
Total Impact to Waters of the U.S. (acres) 0.1319 ac
Total Stream Impact (linear feet): 660'
Total Impact to Buffers 60,915 ft
Attachments:
• Pre-construction Notification (PCN) Application
• Agent Authorization
• USGS Map
• Orange County Soil Survey Map
• Overall Maps (2 sizes)
• Impact Maps (8 sheets)
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Office Use Only: Form Version March 05
20 0 ` 6
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 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 detailol
II. Applicant Information'` A
11
1. Owner/Applicant Information
Name: Town of Hillsborough
Mailing Address: Eric Peterson
P.O. Box 429
Hillsborough, NC 27278
Raleigh, NC 27612
Telephone Number: [phone] Fax Number:
E-mail Address:
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: Sean Clark
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page I of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps 4and 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: Waterstone Drive
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 98732522100
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The road corridor is
located immediately north of I-40 and will connect New Highway 86 to Old Hwy 86.
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): 36.0368 °N 79.0858 °W
6. Property size (acres): +/- 1 mile in length
7. Name of nearest receiving body of water: UT to Cates Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
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 proposed corridor is primarily wooded. Propert
y
surrounding the corridor is also primarily wooded, however residential subdivisions and
individual residential lots are also in the area.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is the construction of a thoroughfare road. Heavy machinery typically used
for road construction will be used for this project.
11. Explain the purpose of the proposed work: The proposed road will provide an east-west
connection between old highway 86 and New Highway 86. Currently there is no such
y
connection other than using Highway 40 or Highway 85.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Mr. Todd Tup-well of the USACE visited the corridor and the
surrounding property on June 24, and July 25 2004 to make a jurisdictional determination as well
as stream calls within the proposed corridor. At this time it was determined that there would be
multiple projects within the reviewed property boundary. The first project is the road being
applied for with this application In addition to this project there is a commercial development a
residential development and an institutional site (community college site). On October 4, 2004 a
site meeting was held with DWQ to make stream determinations. On September 14, 2004 a
buffer meeting was conducted with Holly Rennell of Orange County to review the channel
features on the property. Ms. Rennell's determinations are reflected on the attached maps.
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 further permits should be required for this road corridor.
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 stream 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,
permanent 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.
Page 3 of 9
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The construction of Waterstone
Drive will result in impacts to jurisdictional features in four areas. Cumulative impacts will
total 660 LF of intermittent stream and 0.0974 acre of wetland impact. N
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. -For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
Impact 1 Permanent Road Fill Headwater Wetland No 0 0.0569
(herbaceous)
Impact 2 Permanent Road Fill Headwater Wetland No 0 0.0405
(herbaceous)
Total Wetland Impact (acres) 0.0974
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0974 acre
within proposed easement
4. 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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
Impact 1 UT to Cates Creek Permanent Road Fill Intermittent +/- 2' 245 0.0112
Impact 2 UT to Cates Creek Permanent Road Fill Intermittent +/-2 ' 0 0
Impact 3 UT to Cates Creek Permanent Road Fill Intermittent +/- 3' 183 0.0126
Impact 4 UT to Cates Creek Permanent Road Fill Intermittent +/-2' 232 0.0107
Total Stream Impact (by length and acreage) 660 0.0345
Page 4 of 9
5. 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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.0345
Wetland Impact (acres): 0.0974
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.1319
Total Stream Impact (linear feet : 660 LF
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® 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 determined to be isolated by the USAGE.
Although there are isolated wetlands in the area they have been avoided so that there
are no impacts to isolated features proposed.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The surrounding property
reviewed and delineated in order to avoid iurisdictional features to the maximum extent
practicable The road is needed to connect NC 86 to Old 86. Currently there is not a connection
Page 5 of 9
between these two roads within approximately 1-% miles in either direction Either existing
route requires that Hwy 40 or Hwy 85 be used This road will provide a lower speed alternative
to the interstates The proposed corridor was positioned so as to avoid jurisdictional features
within the properties that were obtainable.
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
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 size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Perennial stream impacts were avoided and wetland impacts were avoided and minimized
as much as possible. Typically intermittent/unmitigatable streams do not require mitigations
so none is proposed. Likewise, typically wetland impacts that result in the loss of less than
1/10 acre do not require mitigation, so none has been proposed. If however wetland
mitigation is required the applicant proposes payment to the NC-EEP.
Page 6 of 9
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
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? 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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 ? No ?
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
Page 7 of 9
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
buffer multipliers.
Impact 1
Zone* Impact
(square feet Multiplier Required
Mitigation
1 7,410 3 (2 for Catawba) N/A
2 6,825 1.5 N/A
Total 14,235 N/A
Impact 2
Zone* Impact
(square feet Multiplier Required
Mitigation
1 2,350 3 (2 for Catawba) N/A
2 3,250 1.5 N/A
Total 5,600 N/A
Impact 3
Zone* Impact
(square feet Multiplier Required
Mitigation
1 13,615 3 (2 for Catawba) 40,845
2 7,075 1.5 10,613
Total 20,690 51,458
Impact 4
Zone* Impact Multiplier Required
(square feet Mitigation
1 13,070 3 (2 for Catawba) 39,210
2 7,320 1.5 10,980
Total 20,390 50,190
* Zone 1 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 1.
XI.
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 213 .0242 or .0244, or .0260. The client proposes payment into NC-EEP to
satisfy the buffer mitigation requirements.
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Although the impervious surface area for the
road will exceed 30%, typically stormwater devices are not required. Diffuse flow provisions are
Page 8 of 9
required and will be meet so that concentrated flow will not enter the buffers from stormwater
discharge off of the road
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.
This project does not require sewer however most likely a sewer corridor will be placed
within the road's footprint
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
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 ? 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will connect two existing, well-traveled roads which run perpendicular to two extremely
well traveled interstates Future development undoubtedly is planned in the surrounding areas
but is due to the existence of Interstates 40 and 85 and not as a result of this proposed road.
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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Mar 04 05 04:44p
02/22/2005 11:52 FAX
The Brough Law Firm [919)942-5742 p.2
f2) 002
Environmental Consultants, PA
Road • Ralci&h, Nortb Carolina 27614 • Phone [phone] • Fox; [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Wanks To Bt: Filled In By The 6gWica _ t
Name: Town of Hillsborough, North Carolina
Address: PO Box 429, Hi 11 sborogh, NC 27278
Phone: [phone]
Project Name/ Description: Waterstone Drive
Date: March 4, 2005
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: _ Ioc?Gl 7li-4 Field Officer
Re: Wetlands Related Consulting znd Permitting
To Whom It May Concern:
I, the applicant, hereby designate and authorize Soil & Environmental Consultants, PA to act in nay
behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc. from this day forward. The 4th - day of
March, 2005
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, f,)r liability and professional courtesy reasons, is valid only for
government officials to enter the -Property when accompanied by S&FC staff. You should call S&EC
to arrange a site meeting prior to.visiting the site.
Town of Hillsborough __ !T
Print Applicant's Name App cant's Signature
Eric Peterson, Town Manager
cc: Mr. John Domey cc, Mr. Sean Clark
NCDENR - DWQ Soil ar Environmental Consultant, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
? r tip ¦
Ch+rrl?tte ce: (3meusbom fkz; Nickoey s2ffi a:
236 LePhillip Courr, 5uke C 3817-E Lawndale Drive 622 Coon Mountain Lame
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28691
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Pax; [phone] Fan: [phone]
Figure 1
Project #: Scale:
4433.W1 1"=1,667' FI ure 2 - Soil Survey
Project uate: 9 ® Soil & Environmental Consultants, PA
Mgr.: SC 04/09/04 Location Map 11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
Orange County, NC
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