20050626 Ver 2_Complete File_20050829

?0F W ATF9o Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
Division of Water Quality
July 17, 2006
DWQ EXP No. 05-0626
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Dr. Horton, Incorporated
Attn: Mr. Dan Farmer
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Subject Property: Swann's Mill Subdivision
EXPRESS REVIEW PROGRAM NOTIFICATION
Dear Mr. Farmer:
On August 31, 2005, the Division of Water Quality (DWQ) issued your Neuse Buffer approval to construct the
proposed subdivision. Within the approval letter that you received, there is a condition that reads:
Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the
letterhead address within 10 days of the commencement of construction.
This is a part of the Express Review Program that is required to ensure compliance during construction and post
construction. Therefore, if you have begun construction on your subdivision, you are required to notify this office in
writing by July 26, 2006. If you do not notify this office in writing and construction has started, you are in violation
of the Water Quality Certification Rules as required by 15A NCAC 21-1.0507(c).
This letter is to notify you and make you aware of this new condition that has been written into the Water Quality
Regulations for projects issued within the Express Review Program. Please call Lia Myott at [phone] if you
have any questions regarding this matter.
Sincerely,
&I 1ra-4
C di Karoly,
401 Oversight Express Review Permitting Unit
CBK/lem
cc: Mr. Sean Clark, S&EC Inc., 11010 Raven Ridge Road, Raleigh NC 27614
USACE, Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 050626Swannshli I IS D(Durh am)EXP+NOT
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401 Oversight / Express Review Permitting Unit plthCarOlCarollrla
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1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?`//??//??jj
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetIands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
? O?O? W AT ?9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 31, 2005
D.R. Horton
Attn.: Mr. Dan Farmer
2000 Aerial Center Parkway, Suite 100
Morrisville, NC 27650
Subject Property: Swann's Mill Residential Subdivision
UT to Eno River [27-2-(19.5), WS-IV NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP # 05-0626
Durham County
Approval of Authorization Certificate per the Neuse River Buffer Protection Rules (15A
NCAC 2B .0233) with Additional Conditions-Express Review Program
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 10,019 ft2 of Zone 1 and 8,277 ft2 of Zone 2 [18,296 ft2
total] of protected riparian buffer to construct the proposed Swann's Mill Subdivision project, as
described within your application dated August 25, 2005 and received by the N.C. Division of
Water Quality (DWQ) on August 29, 2005. This letter shall act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .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.
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 htto://h2o.enr.state.nc.us/ncwetlands
one
N Carolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Swann's Mill Subdivision
pr Page 2 of 5
August 31, 2005
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 Authorization are met. No other impacts are approved
including incidental impacts:
Irn act Site I Impact ) Required Mitigation Reference
Buffer Zone 1 5,663 0 PCN, August 25, 2005
Buffer Zone 2 3,485 0 PCN, August 25, 2005
Total 9,148 0
Impact Site 2 Impact Required Mitigation Reference
Buffer Zone 1 4,356 0 PCN, Au st 25, 2005
Buffer Zone 2 4,792 0 PCN, August 25, 2005
Total 9,148 0
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0233.
Swann's Mill Subdivision
Page 3 of 5
August 31, 2005
4. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B.0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule [15A NCAC
02B .0233(5)], you have provided the DWQ with plunge pool and level spreader designs
dated May 12, 2005. The DWQ believes that if implemented, as per these plans, diffuse
flow will be achieved. However, if diffuse flow as per 15A NCAC 02B.0233(5) is not
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow
shall be taken if necessary to impede the formation of erosion gullies. At no time shall
stormwater from the proposed development be piped directly through the buffer without
prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances and on all lots containing these structures including future
access for maintenance. The stormwater easements shall allow for the ability to maintain
the structures, perform corrective actions as described above and shall provide protection
of the structures from potential alternations by future property owners.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.uslsulForncs Documents.hbn.
6. 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.
Swann's Mill Subdivision
Page 4 of 5
August 31, 2005
7. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
8. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by DWQ.
9. Culvert Installation
The bottomless culverts, bottomless arches or other spanning structures used on this
project shall span the entire bed and both banks of the stream and may only be used for a
road, driveway or path crossing. Mitering of the bottomless culvert in order to follow the
stream pattern is prohibited. The bottomless 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.
10. 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 Certificate of Completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.
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
Swann's Mill Subdivision
Page 5 of 5
August 31, 2005
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or
Cynthia F. Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
Sincerely,
AWK/cvdiv
Enclosures: Certificate of Completion

Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
Bob Zarzecki, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 050626 Swann'sMill(Durham)EXP+NBR
W ATF94 Michael F. Easley, Governor
G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #:
Fax #:
919-733-0203
919-733-6893
Fax To: Bob Zarzecki, S&EC
Dan Farmer
Subject: Swann's Mill
Number of pages including cover sheet: 6
Notes or special instructions:
Fax #: [phone]
469-5406
Date: August 31, 2005
The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at
919-715-3473.
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•/ih2o.enr.state.ne.us/ncwetlands
NorthCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l046 Post Consumer Paper
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
August 25, 2005
ILI
S&EC Project # 6823.w2
To: N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 all
Raleigh, NC 27604-2260 AUG 2 Z?05
From: Bob Zarzecki pCtiit-Yjl41GIt (dt,,rU_ITY
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: EXPRESS REVIEW PROGRAM - RIPARIAN BUFFER AUTHORIZATION (ONLY)
Swann's Mill Residential Subdivision, Durham, NC
On behalf of the owner, D.R. Horton, please find attached a complete application and
supplemental information requesting a no practical alternatives review and authorization
certificate for impacts to the Neuse River Buffers from the N.C. Division of Water Quality (DWQ)
for the activities proposed below. Please contact me at [phone] if you have any questions
or require additional information.
PPr)-IFC`T.qI IMMARY
Project Name Swann's Mill
Project Type Residential Subdivision
Owner/ Applicant D.R. Horton
Count Durham
Nearest Town Durham
Waterbod Name UT to Eno River
Basin / Sub-basin 27-2-(19.5
Index Number 03-04-01
Class WS-IV NSW
TOTA1 RI IFFFR IMPACT SUMMARY
ZONE 1 (square feet) 10,019 sf
ZONE 2 (square feet) 8,277 sf
TOTAL (square feet) 18,296 sf
Attachments:
Pre-construction Notification (PC N) Application Form & supplemental information
$2,000 Express Review Application Fee to DWQ

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]
OF W ATF9 ,
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O 'C
August 3, 2005
EXPRESS REVIEW ACCEPTANCE LETTER
D.R. Horton
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Fax #: [phone]
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
Project Name: Swann's Mill Subdivision
Durham County
Subject Property: North side of Hebron Rd near intersection with Old Oxford Hwy. (SR 1004)
Dear Mr. Horton:
On July 29, 2005, the 401 Oversight/Express Permitting Unit of the Division of Water Quality received a
Fax/email request from Chris Flowers of Soil and Environmental Consultants regarding a project known as
"Swann's Mill Subdivision" for acceptance into the Express Review Program. We understand that you have
withdrawn this project from the regular 401 Water Quality Certification Program. This letter advises you that
your project will be accepted into the Express Review Program once the following items are received:
1) The application fee of $2,000.00 (made payable to the North Carolina Division of Water Quality];
2) Five (5) complete and collated copies of the PCN application; and
3) Five (5) copies of all additional information pertaining to this project.
Thank you for your attention to this matter. Please keep in mind that the clock for this project will not start until
receipt of the completed application package and required fee are received.
If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi Karoly at
919-733-9721 or Cynthia Van Der Wiele at 715-3473.
Sincerely,
AWK/cbk/cvdw
1? /I an W. Klimek, P.E., Director
cc: Raleigh DWQ Regional Office
File copy
Central Files
Chris Flowers, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 (fax # [phone])
Filename: S:\2005 Express Acceptance letters\,Swann's Mill Subdivision.doc
Aye.
401 Oversight/ Express Review Permitting Unit 1Q!`!llQ??Jf
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet hrmffh2o.enr.statc.nc.us/ncwctlands
An Equal Opportunity/Affirmative Action Employer-5G% RMcied/101% Post Consumer Paper
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project, please enter "Not Applicable" or "N/A".)
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
? 401Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N/A
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 details), check here: ?
Applicant Information
Owner/Applicant Information F
Name: D.R. Horton; Attn: Dan Farmer 10
Mailing Address: 2000 Aerial Center Parkway, Suite 100 2 2005
Morrisville, NC 27650 pUG
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610r;?t1if11E.(ti ?f?,? s
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: djfarmerRdrhorton.com
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: Bob Zarzecki and Chris Flowers
Company Affiliation: Soil & Environmental Consultants. PA
Mailing Address: 11010 Raven Ridge Road
Ralei.gh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 11
M. 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: SWANN'S MILL
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0834-04-62-6000: 0834-04-70-2822; 0834-04-70-
4823;0834-04-81-2382
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Swann's Mill
Directions to site (include road numbers/names, landmarks, etc.): Swann's Mill is located on
the north side of Hebron Rd (SR 1656). approximately 300 feet west of the intersection of
Hebron Rd and Old Oxford Hwy (SR 1004) From Raleigh take US70/Glenwood Avenue
west towards Durham; take 70 Bypass/US85 South to Exit 177 Roxboro St.; Take Roxboro
Street North; Turn right on Old Oxford Road; Take Old Oxford Rd North to Hebron Rd
Turn Left onto Hebron Road.
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): 36.0605 °N, 78.8738°W (WGS84/NAD83)
6. Property size (acres): ± 130 acres
7. Name of nearest receiving body of water: UT to Eno River (27-2-(19.5); WS-IV NS)D
8. River Basin: Neuse (03-04-01)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o,enr,state.nc.us/admin/maps/.)
Page 2 of 11
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Swann's Mill is currently under varying degrees of
constriction. The proposed impacts have not occurred at the time of this application and will
not occur until written authorization is obtained from the DWQ. The general land use in the
vicinity of Swann's Mill is residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project includes the development of a residential subdivision including both single-
family lots and multi-family residences. Heavy equipment typically used in the clearing,
,Qradine, and construction of residential developments will be used.
11. Explain the purpose of the proposed work: The basic project purpose is the construction of
subdivision roads and utilities as required for the development of and access within the
subdivision.
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.
An On-site Determination for the presence of surface waters subject to the Neuse Buffer Rule
was conducted by Ms. Deborah Edwards of the N.C. DWQ in February 2002 (DWQ Project No.
NBRRO 02-046: see attached letter).
A Jurisdictional Determination for the presence of Waters of the US regulated under Section 404
of the Clean Water Act was conducted by the USACE in May 2002 (Action ID No. 200220561;
see attached letter).
Approval to use NWP 12 was issued by the USACE in January 2004 for the construction of a
sanitary sewer line to serve the development Action ID No. 20022056ia.
A PCN was submitted to the USACE and DWQ including additional information between April
and July 2005. The latest on hold letter from the DWQ was dated July 25, 2005.
The applicant has decided to use arch culverts to avoid stream impacts associated with Miller
Drive and has withdrawn their original application and has requested an Express Review -
Authorization Certificate for the proposed buffer impacts designated as "allowable" within the
Neuse Buffer Rule (see attached Express Review Acceptance Letter dated August 3, 2005
Page 3 of 11
The applicant has minimized impacts to wetlands and waters to less than \1/10\ acre. The
applicant understands that notification to the DWQ is not required to use General Water Quality
Certification No. 3402 because the impacts to wetlands and waters will be less than \1/10\ acre
and the project will comply with all of the other conditions of GC3402. The impacts that total
less than 1/10 of an acre include 0.03 acres of wetland impacts associated with the construction
of Cozart Street, 0.02 acres of linear wetland impacts associated with construction and fill of lots
119 to 123, and 0.005 acres of temporary stream channel impacts associated with the
construction of a sanitary sewer line under Miller Drive as described below. The total impacts
to wetland and waters associated with this project will therefore equal 0.055 acre (less than \1/10\
acre .
A sanitary sewer line is proposed within the footprint of the northern stream crossing of Miller
Drive (Stream Crossing #2). The sewer line will avoid additional buffer impacts by crossing
this stream within the same footprint of the road crossing. We believe that the temporarY stream
impacts associated with this sewer crossing should be classified as an "exempt" activity within
the Neuse Buffer Rule as a "Non-electric utility line ine perpendicular crossings of surface waters ...
that disturb equal to 40 linear feet of riparian buffer with a maintenance corridor equal to or less
than 10 feet in width". Because this activity is classified as "exempt" under the Neuse Buffer
Rule, we believe that the stream impacts should not trigger notification under Condition No. 2 of
GC3402. As such, the applicant intends to use GC3402 for these impacts and will comply with
all of the conditions of GC3402.
The USACE will be sent a separate, courtesy copy PCN application notifying, them of the
temporary stream impacts associated with the sewer line. We do not believe that these
tempora impacts will require formal notification to and approval from them in that they are
temporary and will not result in the loss of stream channel as defined under Condition No. 2 of
NWP39.
A report will be sent to the USACE notifying them that less than \1/10\ acre of impacts to
wetlands and waters has occurred within 30 days after completion of the work as required under
Condition I of NWP39.
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.
The applicant does not anticipate any future impacts to wetlands, streams or buffers on the
property. A potential off site water line crossing of a stream may be required. However, the
applicant anticipates using directional drilling methods to avoid impacts to the stream and
buffers and as such no approvals should be required for this crossing. The water line will service
other adjacent properties as well as Swann's Mill.
Page 4 of 11
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.
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:
Arch culverts are proposed to avoid all stream impacts associated with the development. There
is _a _total of approximately 0.055 acre of wetlands and waters proposed to be impacted by the
development associated with lot and road fill and tempora , utility impacts. The applicant is
proposing to use NWP 39 and GC 3402 to conduct these activities as described within Section
IV of this application. The applicant understands that these impacts do not require notification to
or prior written authorization from the USACE or DWO because the total proposed impacts are
less than \1/10\ acre and because there are no permanent stream impacts proposed and the
proposed temporary stream impacts are classified as "exempt" under the Neuse Buffer Rule.
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
Site Number
(indicate on map)
Type of Impact Type of Wctland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(Yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: ± 13.25 acres
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
Page 5 of 11
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
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage) N/A
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
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resultine from the nroiect:
Stream Impact (acres): N/A
Wetland Impact acres : N/A
Open Water Impact (acres): 0
Total Impact to Waters of the U. S. (acres) N/A
Total Stream Impact (linear feet : N/A
Note: See Section VI(1) above, while less than 1/10 acre of impacts to wetlands and waters are
proposed we are ttot requesting approval for these impacts in this application We are only
requesting approval for the buffer impacts.
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.
Page 6 of I I
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
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.
During the initial design phases of the development, the applicant hired S&EC to locate all
wetlands. streams and buffers on the property to revise their site plan to avoid or minimize
impacts to these resources.
The two tributary stream drainages located on the property rain predominately from the east to
the west. The site plan was developed to minimize the amount of interior, north/south
subdivision roads that would require crossing these tributary drainages.
The current site plan proposes only one north/south road (Miller Drive) that would cross these
two drainages. The developer has further minimized impacts to these drainages by using arch
culverts to avoid stream impacts,
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
Page 7 of 11
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.ne.us/ncwetiands/strmgide.htmi.
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 ofl:site), 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.
Mitigation should not be required for the proposed impacts because stream impacts have
been avoided, wetland impacts have been minimized to below 1/10 acre, and buffer impacts
are less than 1/3 acre and 150 feet for each crossing. If mitigation is determined to be
required, then the applicant proposes payment to the Ecosystem Enhancement Program.
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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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
Page 8 of 11
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 213 .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 V Yes ® No ?
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.
STREAM CROSSING #1 Required
Zone* (square Impact Multiplier Mitii tion
1 5,663 3 (2 for Catawba) 0
2 3,485 1.5 0
Total 9,148 0
* 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.
STREAM CROSSING #2
Zone* ( Hare feet) Multiplier Required
1 4,356 3 (2 for Catawba) 0
2 4,792 1.5 0
Total 9,148 0
* Zone 1 extends out 30 fat perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
NOTE: When revic,. ing the impact maps, please note that the buffers depict both the 50-foot Neuse River Buffer as
well as the additional 10 foot Durham County buffer building set back.
Page 9 of 11
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 proposed crossings are each less than 1/3 acre and 150 feet of buffer impacts and as such
should be considered "allowable" without mitigation.
XI. 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.
The applicant understands that a written stormwater management plan will not be required for
the development as outlined within Condition No. 4 of GC3402, because notification and written
authorization is not required to use this Certification.
It should be noted that this development is located within a WS-IV watershed and will comply
with the City of Durham water supply ordinances and the overall development will be less than
24% built upon area as defined under the City's ordinance.
The development will comply with the diffuse flow requirements of the Neuse Buffer Rule
through the use of level spreaders. Level spreader detail design plans and worksheets are
provided. The level spreader design intends to use an alternative design of the bypass option
described within the current DWQ Draft Level Spreader Design Options document (see
attached). This alternative design is required because of the size and imperviousness of the
drainage area and other site constraints that prevent conventional level spreader designs. The
project engineer believes that these designs will allow for the level spreaders to function properly
by bypassing the larger discharge events. The design while developed by the project engineer is
almost identical to a design in use by the Montgomery County, Maryland, Department of
Permitting Services, Water Resources Section to help protect the Chesapeake Bay watershed (see
attached documentation. The larger, bypassed storm flows will be discharge to properly sized
rock dissipaters within the virtually flat flood plain. greater than 250 feet from the stream.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The development will connect to the existing City of Durham sanitary sewer system. The City
will ensure that this connection does not exceed the available capacity of their treatment facility.
Page 10 of 11
XM. 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/ncwetIands. If no, please provide a short narrative description:
The proposed residential development will provide housing to meet existing demands and is not
anticipated to result in or act as a catalyst for additional development.
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).

re
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 11
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NORTHEAST DURHAM, N. C.
SE/4 DURHAM NORTH 15' OUADRANOLE
36078-A7-TF-024
PHOTOINSPECTED 1990
1973
PHOTOREVISED 1987
DMA 5256 111 SE-SERIES V842
Project #: Scale:
02-6821 t° =2000 Figure 1- USGS Quad
Project Date:
Mgr.:TP v2a?o2 Hebron Road
Torrey Homes
Durham, Durham Co., NC
p Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
Project M Scale:
02-6823 1" =1320'
Project Date:
Mgr.: TP 1128102
Figure 2- Soil Survey
Hebron Road
Torrey Homes
Durham, Durham Co., NC
e Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
State of North Carolina IT Department of Environment T o
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor NCDENR
William G. (Bill) Ross, Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
March 4, 2002
Todd Preuninger
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
[ECEOVIE
MAR 1 2 `tc^?
Subject: Neuse River Basin Buffer Rules
NBRRO 02-046
Swann Property.
S&EC #02-6823
Durham, Durham County, NC
Dear Mr. Preuninger:
This letter will serve as confirmation of the buffer determination made by S&EC at the
subject property referenced by the Raleigh Regional Office as NBRRO 02-046.
On February 27, 2002, I conducted a site visit at the above referenced project as identified
on the attached maps. It was determined that the Features A, B, C, D, E and F shown on the
Durham County Soil Survey and on the USGS Northeast Durham, NC Quad map are subject to
protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A: 0213.0233
(NCAC .0233). Feature A is subject through property, feature B is not subject, feature C is
subject below flag 102, feature D is subject below flag 100, feature E is not subject except just
above the confluence of feature C and E, feature F is subject, including pond.
This letter only addresses the applicability of the Neuse Buffer Rules. For information
relevant to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you
for your attention to this matter and if this office can be of any assistance or if you have additional
questions, please do not hesitate to contact us.
Sincerely,
Deborah Edwards
Environmental Specialist I
cc: John Dorney/DWQ
Durham County
1628 Mail Servico Conter, Raloigh, NC 27699-1628 Telophono [phone] FAX [phone]
An Equal Opportunity Affirmativo Action Employor 50% rocyclod/10% post-consumor papor
Project Scale:
02-6823 1" =1320'
Project Date:
Mgr.: TP 1128102
Figure 2- Soil Survey
Hebron Road
Torrey Homes
Durham, Durham Co., NC
0 Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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SE/4 DURHAM NORTH 15' QUADRANGLE
36078-A7-TF-024
PHOTOINSPECTED 1990
1973
PHOTOREVISED 1987
DMA 5256 Ill SE-SERIES V842
Project tt: Scale:
02-682? 1. = 2000` Figure 1- USGS Quad
Project Date: 0 Soil & Environmental Consultants, PA
Mgr.:TP 1a8l02 Hebron Road 11010 Raven Ridge Rd.- Raleigh, NC 27614
Torrey Homes [phone] • [phone]
Durham, Durham Co., NC
Web Page: vrww.SandEC.com
Action ID:
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
200220561 County:
NOTIFICATION OF JURISDICTIONAL DETERNIIN
Property
Owner Charles A. Swann
Address 1211 Hebron Road
Durham, NC 27704
Telephone Number 919-471-4933
Authorized
Agent Soil & Envi
1 AY - 8 2E,22
ntal Consultants, Inc.
Attn: Todd Preuntn7er
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the north side of Hebron Road (SR 1656), 0.5 mile west of Old Oxford Road, in Durham,
Durham County, North Carolina.
Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary
high water marks, located adjacent to an unnamed tributary of the Eno River, above headwaters, in the
Neuse River Basin.
Indicate Which of the Following Apply:
X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Project Manager Signature \1 ajItA I
Date May 2, 2002
Expirdtion Date May 2, 2007
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
?? '. ? ',,',? ?'... ' l+ fS? ?i ? ;. ??1 ! ?.' ? ,, r4 .?. ? A .`'. ?_ ?? } _.; ! tl ? 1+???Jy? ? 1 ? ?{Y _ f
NOTIFICATION_OFADNIMSTRATIVE APPEAL OI'TIONSa? ND PROCrSfi ANn I ;% °
14
-
,
a `IREQUEST?FOR?APPEAL,

Applicant: Charles A. Swann File Number: 200220561 Date: 05/02/2002
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard. or LOP) because of certain terms and conditions therein
you may request that
,
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein
you
,
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL-PROFFERED PERMIT
%EASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT.OF CONTACT FOR QUESTIONS OR INFORMATION: ;
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9NI15
Atlanta, Georgia 30303-3490
OF W ATF
O? qOG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
5 Alan W. Klimek, P.E. Director
Division of Water Quality
July 25, 2005
DWQ Project # 05-0626
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
D. R. Horton
Attn: Dan Farmer
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Subject Property: Swann's Mill, Phase 2, 3, and 5
REQUEST FOR MORE INFORMATION
Dear Mr. Farmer:
On May 24, 2005, and June 1, 2005, the Division of Water Quality (DWQ) received your
response to DWQ letter dated May 5, 2005 for additional information for the proposed Phases 2,
3, & 5 of Swann's Mill Subdivision. Also, on June 27, 2005, (DWQ) received additional erosion
control data. 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:
1. There appear to be discrepancies between the impervious surface area breakdown submitted
and what DWQ has calculated. You are reminded that it is DWQ policy that even when a
phased development is below the threshold for engineered stormwater controls, areas of
concentrated development that meet the threshold must have runoff treated through
engineered controls. Please recalculate the impervious surface areas.
2. Your project lies within the critical area of Water Supply IV (WS-IV). You are reminded of
the requirements for nonpoint sources and stormwater pollution [ 15A NCAC 02B
.0216(3)(b)(ii)] for the low density vs. high-density option. That is, if you exceed 24% built
upon area, then engineered stormwater controls shall be used to control runoff from the first
1" of rainfall; new residential and non-residential development shall not exceed 50% built-
upon area.
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state,nc.us/ncvvetlands
Npv Carolina
Natimally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
D. R. Horton
Page 2 of 2
July 25, 2005
3. Condition 4 of GC 3402 requires the use of constructed wetlands or bio-retention (or wet
ponds followed by engineered forested filter strips) in watersheds classified as WS.
Additionally, your project must meet the diffuse flow requirements of the riparian area
protection rules (Buffer Rules). Level spreaders must be designed in accordance with DWQ
guidance. All stormwater management facilities require a signed and notarized Operations
and Maintenance Agreement. Please resubmit a complete stormwater management plan with
drainage maps, site plan with the location of the stormwater control devices, DWQ
stormwater BMP worksheets, and supporting calculations.
4. This office believes that reconfiguration of your plan can avoid some of the impacts.
Please respond within three weeks of the date of this letter by sending three (3) copies of this
information in writing. 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 Cyndi Karoly at 919-733-9721 or
Samuel A. Aghimien at 919-733-3574 if you have any questions regarding these issues.
Sincerely,
VKaroly,
401 Oversight/Express Review Unit
CBKlcvdw
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Brandon Finch, P.E., P.O. Box 14005, RTP, NC.27709
Filename: 050626Swann'sMill(Durham)moreinfo2
August 24, 2005 SWANN'S MILL S&EC Project No. 6823.w2
IMPACT MAPS
- PROJECT NO. TRH-02010 s T nlvly \ws MILL © THE JOHN R. McADAMS
' Vy.C? FILENAME: streamexb t.dwg COMPANY, INC.
a TRH 0 M ENGINEERS/PLANNERS/SURVEYORS
c scale: D
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1 "=100' 1J ?,J1?11L ?lYl,NC
1Y V RESEARCH TRLUiGLH PARK. NC
N GATE: STREAM CROSSINGS P.O. BOX 14005 ZIP 27708-4005
08-10-05 [phone]
y vxoJecr No. TRH-02010 c THE JOHN R. McADAMS
MEN,ME: SWANKS MILL LL COMPANY, INC.
streamexbt.dwg
c ENGINEERS/PLANNERS/SURVEYORS
b scw>E: DURHAM,NC
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STREAM CROSSING #1 RESEARCH TRIANGLE PARK NC
v2 DATE: 0-05 (SOLTITERN CULVE P.O. BOY 14005 ZIP 27709-4005
08-1
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PROJECT No. TRH-02010 THE JOHN R. McADAMS
= z FilENANE: SWANN S MILL L COMPANY, INC.
streamexbt.dwg (?
SOME: _ DURHAM , NC fiNCINEERS/PLANNfiRS/SUR1'EYORS
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August 24, 2005 SWANN'S MILL S&EC Project No. 6823.w2
LEVEL SPREADER
DESIGNS & WORKSHEETS

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DWQ Project No.
DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete he follovdng
Project Name: wAl`cn1 s Anti i'Nr4se l
Contact Person: A/v0c-R50
Level Spreader ID:. 57-z)zA Ov,`?tLL ?6 ??
Level Spreader Length 3 4 ft.
Dralnage Area ac.
Impervious Area ac,
Maximum Filter StriplBuffer Slope %
grass
Phone Number
f Max. Discharge from a 10 Year Storm /7.1 cfs
Max. Discharge to Level Spreader 1-3,-0 cis
Filter StripMuffer Vegetation (,-R A-!57 s
Pre-treatment or Bypass Method P.hss
11. REQUIRED ITELIS CHECKLIST
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf Eder cover, 8% for thick ground cover)'
(thick ground cover or grass, canopied forest Wth leaf litter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. ff a
requirement has not been met, affach an explanation of why. At a minimum, a complete stormwater management plan submittal Includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs end outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and W'd substantia!ly delay final review and approval of the project ,
rents I tlils
Level spreader Is at least 13 it. per efs for thick ground cover or grass or 100 It per cis In canopied forest with leaf
litter.
A114- Pre-Form Scour Holes are cdflat slopes only
M 14-- No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
& Bypass method is specified (if applicable) and plan detals and calculations are provided
A4 Discharge to levei spreader and subsequent filter strip Is hydrauacoliy and spatially separate from the bypass
discharge.
MA No structures are located in'protected buffers.
1 Plan details forth6 bypass and outlets are provided.
A The operation and maintenance agreement incudes annual erosion and vegetation repair.
The operation and maintenance agreement signed and notarized by the responsible party is provided.
' Level spreaders Iii series can be used on slopes of up to 15% in forested areas vrith leaf littler cover or on slopes of up to 25% in areas
Kith thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
____ralmor variance in protected buffer_areas,_In_any.event the-second level spreader _cannot be located in Zone 1 of a protected buffer area.. ..... .
DWQ Project No.
DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET
1. PROJECT INFORLIATION (please complete he follo,,Vnc
Project Name : ;
Contact Person: -
Level Spreader ID:. s 70ti1?7 O ?T1=•a(,L T
Level Spreader Length S fL
Drainage Area as
Impervious Area 2: ac.
Maximum Filter Strip/Buffer Slope
grass
Max. Discharge from a 10 Year Storm 2 , 2 cfs
Max. Discharge to Level Spreader- cts
Filter WplBuffer Vegetation 4rzfS57
Pro-treatment or Bypass Method : 8Y i74_55
IL REQUIRED ITEMS CHECKLIST
Phone Number.
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf Wier cover, 8% for thick ground cover)'
(thick ground cover or grass, canopied forest vilth leaf Etter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation Is attached. If a
regWwenf has not teen met, attach an oxp/ana6on of "hy. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BLIP, design calculations, plans and spec fications shu4ing all BfdPs and outlet structure deta ls, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete subm ttal package %1 result in a request for
additional information and %ill substantially delay f:.nal review and approval of the project .
Avnticnnts Initials
A 7- Level spreader I- at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs In canopied forest w.th leaf
1 Etter.
3 J Pre-Form Scour Holes are on flat slopes only
)4Q- No structures isre located. in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document
Al 14- Bypass method b specified (f applicable) and plan details and calculations are provided
M.4 Discharge to level spreader and subsequent filter ship is hydraulically and spatiafiy separate from the bypass
discharge.
A ? No structures are located fn'protected buffers.
Plan details for the bypass and outlets are provided.
WA-Tho operation and maintenance agreement Includes annual erosion and vegetation repair.
AL11- The operation and maintenance agreement signed and notarized by the respons;blo party is provided.
Level spreaders in series can be used on slopes of up to 15% in forested areas vdth leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
._.minorvatianain.pmter,e b4ar-areas..lnany-eventthe_secondlevel-spreader.cannotbebcatedin.Zone.1_cf.aprotected.buffer.area.__._._
DWQ Project No.
DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete the folio ing information
Project Namo : w / 1
Contact Person: 14-A6PZ),--SC1A.1 Phpn Number: (1/17.) -371- 5voo
Level Spreader ID:.
S?sL/s? prii9- r G
Level Spreader Length ? !4 / ft (perpendicular to flow)
Drainage Area .Z 6 ac. (on-site and off-site drainage to the level spreader)
Impervious Area as (on-site and off-site drainage to the level spreader)
Maximum Filter Strip/Buffor Slope % (6% for forested, leaf fittler cover, 8% for thick ground cover)'
grass
I Max. Discharge from a 10 Year Storm / a/, 6 cis
Max. Discharge to Level Spreader j cis
FilterStriplButferVegetation
_??r1=S
(thick ground cover or grass, canopied forestwith leaf titter
groundcover)
Pre-treatment or Bypass Method / c
11. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
rcgW-=cnt has not been met, allach an explanation of why. At a minimum, a complete stormwater management plan submittal Includes
a worksheet for each BMP, design calculations, plans and specifcallons showing a9 BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An Incomplete submittal package va'Q result In a request for
additional information and will substantially delay final review and approval of the project .
Aro6cont3 Initials
A, A- Level spreader is at least 13 ft per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
Pro-Form Scour Holes are on flat slopes only
& _No structures are located In protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Doc urnorit:
Bypass method Is specified (if applicable) and plan details and calculations are provided
41 ff Discharge to level spreader and subsequent filter strip Is hydraulically and spaUally separate from the bypass
discharge.
AA No structures are located in'protected buffers.
1 (tJ A- Plan details for the bypass and outlets are provided.
The operation and maintenance agreement Includes annual erosion and vegetation repair.
LY-?_The operation and maintenance agreement signed and notarized by the responsible party Is provided.
I
Level spreaders Iri series can be used on slopes of up to 15% In forested aroas with leaf litter cover or on slopes of up to 25% In areas
with thick ground cover or grass if designed according to the Draft Level Spreader Do-sign Option Document This potentially roquires a
minor variance In protected buffer areas. In any event the second level sprWor"earnot be located in Zone 1 of a protected buffer area.
DWQ Project
DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please con
Project Name : SWA N/J 5 M I L L -
Contact Person:
Level Spreader ID:
the following information):
a 4 & tO 8 PvzZrioN bF P+a S
_M R . 5ALM A 0 MOAZZ.A rA p e! Phone Number:
ONTl'A'-L "Vr?S ?{5??
Level Spreader Length 16g fc
Drainage Area 19. 9g ac.
Impervious Area 1 1 • 9"7 ac.
Maximum Filter Strip/Buffer Slope - %
grass
Max. Discharge from a 10 Year Storm d I cfs
Max. Discharge to Level Spreader 14-? cis
Filter Strip/Buffer Vegetation C lo coa r; 16 IZ6S
Pre-treatment or Bypass Method GYPA Ss
II. REQUIRED ITEMS CHECKLIST
0
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)'
C 1 "I HR ) STmM evat l-
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, allach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional Information and will substantially delay final review and approval of the project.
Applicants Initials
Sr?t Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
01A Pre-Form Scour Holes are on flat slopes only
SM No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
5M Bypass method is specified (if applicable) and plan details and calculations are provided
Sr?l Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
gryt No structures are located in protected buffers.
S M Plan details for the bypass and outlets are provided.
NSA The operation and maintenance agreement includes annual erosion and vegetation repair.
1,J/R The operation and maintenance agreement signed and notarized by the responsible party is provided.
Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
DWQ Project No
DIVISION OF WATER QUALITY • LEVEL SPREADER WORKSHEET
1. PROJECT INFORMATION (please complete tt a following information):
Project Name : 5WA IN-1 M I L L -(PH 4 d U C ?0eT r o n1 0 P PH 6
Contact Person: MR. SAL.M A N MDAZZ A M
Level Spreader ID:. OaTtrA "FES A-io"
Level Spreader Length 10 ft.
Drainage Area 0 • rv 1 ac.
Impervious Area O . P Z ac.
Maximum Filter StriplBuffer Slope %
grass
Max. Discharge from a 10 Year Storm 31-75 cfs
Max. Discharge to Level Spreader 0.75 cfs
Filter Strip/Buffer Vegetation (?t'lXlNcR/C,rZASS
Pre-treatment or Bypass Method W?PASS
II. REQUIRED ITEMS CHECKLIST
Phone Number.
(perpendicular to flow)
(on-site and off-site drainage to the level spreader)
(on-site and off-site drainage to the level spreader)
(6% for forested, leaf littler cover, 8% for thick ground cover)'
C I r'I HR ) 5roKrti 'EYuNT
(thick ground cover or grass, canopied forest with leaf litter
groundcover)
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
Applicants Initials
5M Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf
litter.
u 1 A Pre-Form Scour Holes are on flat slopes only
'Srn No structures are located in protected buffers'
If bypass method specified in the Draft Level Spreader Design Option Document:
' NM Bypass method is specified (if applicable) and plan details and calculations are provided
ISM Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass
discharge.
GY1 No structures are located in protected buffers.
Srt Plan details for the bypass and outlets are provided.
W4 The operation and maintenance agreement includes annual erosion and vegetation repair.
WA The operation and maintenance agreement signed and notarized by the responsible party is provided.
' Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% In areas
with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document This potentially requires a
minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area.
t
,FZCW
1' MIN. ,
NORTH AMERICAN S75 ON
MATTING OR ENGINEER
APPROVED EQUAL
FLOW
FLOW
FLOW
NOTES:
1. THE MATTING SHOULD BE MINIMUM OF 4' WIDE EXTENDING 6' OVER THE UP AND BURIED 6' DEEP IN A VERTICAL TRENCH ON
THE LOWER EDGE. THE UPPER EDGE SHOULD BUTT AGAINST SMOOTHLY CUT SOD AND BE SECURELY HELD IN PLACE WITH
CLOSELY SPACED HEAVY DUTY WARE STAPLES AT LEAST 12' LONG.
2. ENSURE THAT THE SPREADER UP IS LEVEL FOR UNIFORM SPREADING OF STORM RUNOFF.
3. CONSTRUCT THE LEVEL SPREADER ON UNDISTURBED SOIL (NOT ON FILL).
4. DISPERSE RUNOFF FROM THE SPREADER ACROSS A PROPERLY STABILIZED SLOPE NOT TO EXCEED 1OX MAKE SURE THE
SLOPE IS SUFFICIENTLY SMOOTH TO KEEP FLOW FROM CONCENTRATING.
5. IMMEDIATELY AFTER ITS CONSTRUCTION, APPROPRIATELY SEED AND MULCH THE ENTIRE DISTURBED AREA OF THE SPREADER.
t FUEL SPREADER TYPICAL SECTION
NTS
STANDARD MANHOLE UD '" ?L?? ??
TOP TO READ 'STORM'
I
6 •
DIA. .r ` •. •• '
:1 U
j•? '-`-?
.c,
so ? N?
o •'LOW
w`
v p :, Ilk
• r , .. . 5 Of 1Nl ? 3
'o
8 P'? f ?TM cR
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F
(???TFpi4li?ll
JUNCTION BOX WITH INTERNAL WEIR )
NTS
AUG.25.2005 9:39AM 9194695406
- - - --- 40. 4592--P. 2
LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT
The level spreader Is defined as an elongated, level threshold, designed to diffuse stormwater runoff.
Maintenance activities shall be performed as follows:
1. After construction and until vegetation has been established, level spreader(s) shall be Inspected after
every rainfall, Thereafter, level spreader(s) shall be inspected at least every month and more
frequently during the fall season and after heavy rainfall events:
a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required.
b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and
concentrated flows downhill from the level spreader(s).
c, A level elevation shall be maintained across the entire flow-spreading structure at all times.
Repair or replace the level spreader if it Is damaged.
d. Mow vegetative cover to a height of six (6) Inches and prune plants if they cover over half of the
level spreader surface.
e. Repair eroded areas and replace/replant dead or damaged vegetation.
2. The contractor should avoid the placement of any material on and prevent construction traffic across
the structure. If the measure is damaged by construction traffic, It shall be repaired immediately.
3. Inspect and repair the collection system (e.g,, catch basins, pipes, swales, riprap) four (4) times a year
to maintain proper functioning.
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance
procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to
the system or responsible party.
Print name:
Title; D?Vcsca
Address: 2000 ?P,,;?Q ('?w+« J_K cry irn
Phone: j2 (c...
9/4 - ';i?n- ,ai
Signature.
Date: Fl-
Note, The legally responsible pa should not be a homeowners association unless more than 50% of the
lots have been sold and a re [dent of the subdivision has been named the president,
1, A?
County of (? a Notary Public for the State of
-?'?? oft c`
do hereby certify that
personally appeared before me this _a5_ day of and of the forgot g Viet (wetland) d tention basin maintenance requirements. Witness my and due
official seal, ?. ? Y n
iou
SEAL My commission expires_ rv?3 ' 3 W_
Page l of 1
IVIA4YLA.ND 1NF0.
MONTGOMERY COUNTY MARYLAND
DEPARTMENT OF PERMITTING SERVICES
WATER RESOURCES SECTION
FLOW SPLITTING DESIGN CRITERIA
Revised January 2005
"Flow splitting" is used for diverting a quantity of water from a larger flow volume. Flour splitting is commonly
used to separate the water quality volume (WQV) from larger flows. The objective is to isolate the WQV as
much as possible from the diluting and mixing effects of larger flows. Isolation increases the efficiency of the
pollutant removal mechanisms of the water quality treatment. Separation is accomplished through these
guidelines as follows:
A. Typical Methods of Flow Splitting
1. Surface Flow Splltters
A typical rip-rap storm drain outfall drains to an open, shallow, concrete wall containment
area, which has a low-flow orifice set in one wall at the bottom elevation. This orifice
delivers the treatment volume to the water quality treatment facility. Once that
volume/flow has been delivered, larger flows then overtop a weir set in another wall to
flow to the quantity control facility or to a safe outfall system. This may also be
accomplished through the use of a yard inlet, which overflows into a designed swale in
large storm events.
2. Underground Storm Drain Structure Splltters
At the lowest invert of a typical storm drain structure, a low flow pipe is placed to deliver
the treatment volume to the water quality treatment facility. Once that volume/flow has
been delivered, larger flows exit the structure through a typical outgoing 10-year storm
drain pipe to flow a safe, non-erosive outfall.
3. Integral Flow Splitters
The above technique can easily be adapted to underground quality treatment structures
by adding an additional chamber to provide for diversion of flow.
Splitter Weir
A weir is constructed in the bottom of a storm drain facility, often an inlet, to divert flows
to a low flow pipe. The weir is sized to divert the required WQV.
B. Flow Splitting Design
There are two general methods used to achieve flow splitting: Storage Method and Flow
Restriction Method.
Storage Mothod
The preferred, easiest, and most effective method to design a flow splitter is with the
"storage" method. This method uses the chosen treatment storage volume (the WQV) as
the key to the system. The treatment volume is delivered to the quality facility. The
facility is sized to store this design volume. The water surface elevation of that treatment
volume is then used to set the elevation of the controlling overflow weir or pipe in the flow
splitter structure. The delivery opening to the quality facility must be checked to ensure it
is non-restrictive, but will not allow too much flow to enter the facility. This is
accomplished via item "2" below. The diameter of the flow split delivery pipe should be
one standard size larger than the size required for the restricted flow method.
1t4#gRY1,VD I-Nro,
With this method of flow splitting, the embankment must be designed to provide a
minimum of 1 foot of freeboard above the 10-year WSEL within the facility. Overflows
occur through the flow splitter structure ... no overflow weir or other structure is allowed
in the facility embankment. If the freeboard can not be achieved and an overflow
structure is required in the embankment, then the `flow restriction" method must be used.
2. Flow Restriction Method
If site constraints preclude the storage method from working, then the flow splitter can be
designed with the "flow restriction method. This is a less preferred method. With this
method computations are supplied to demonstrate that the treatment volume delivery
opening is restrictive to peak flows (Q's) greater than that produced by the WQV. Usage
of this method requires a structural overflow weir or riser in the water quality facility to
pass the flow produced by larger storms. Grassed weirs are not acceptable.
To follow this method, determine the peak treatment discharge (Q) as outlined in
Appendix D.10 of the 2000 Maryland Stormwater Design Manual.
Utilizing the Q calculated above, determine either the pipe or orifice size that will convey
pEly the required flow via the orifice flow equation. The head on the pipe should be taken
from the centerline of the first flush pipe to the invert of the overflow pipe.
C. Matorials/Pipe Criteria
Flow splitting pipes typically range in size between 6 - 12 inches; however, larger pipes may also
be used. The minimum pipe size allowed is 6 inches. When splitting from a publicly maintained
manhole, a maximum distance of 12 inches is allowed between the invert of the 10-year outgoing
storm drainpipe and the crown of the first flush pipe. Weirs are not allowed in public structures.
D. Trash Rack Criteria
Trash racks must be designed to be self flushing whenever possible. Refer to the Montgomery
County detail entitled Diversion Structure Manhole Detail. All flow split delivery openings or pipes
smaller than 15 inches in diameter require trash racks. If the flow split delivery opening or pipe is
15 inches or larger in diameter, a trash rack is not required. Trash racks may be either expanded
metal or rebar. All trash racks must be removable.
E. Construction Notes on Plans
It is extremely important that flow-splitters be built correctly. Please insure the detailed plans
reflect the following:
The Sequence of Construction must specifically identify the flow splitter by structure
number.
Add the actual dimension between the invert of the flow splitter pipe and the invert of the
overflow pipe to the detail on the plans.
3. Add a note to the detail calling for 'the contractor to verify that dimension prior to
backfilling around the structure, and to notify the design engineer immediately if there is a
discrepancy.'

DIVERSION PIPE
(To Focility)
Inv.-
A OVERFLOW PIPE
INLET PIPE A
?Ly NOTE: Contractor must verify the dimensions between
the Diversion pipe and the Overflow pipe prior to backfill
STANDARD MANHOLE of the Structure and Notify the Design Engineer
(TOP AND GRATE REMOVED) immediately of any discrepancy with the dimensions on
the approved plans. Structures built incorrectly will
PLAN VIEW require removal and replacement.
TOP OF GRATING =
INVERT OF
OVERFLOW PIPE
MANHOLE
NOTE: See Storm Drain And Stormwoter Profiles
Details and Schedules For Add'I. Information
About Pipe Sizes, Manhole Diameters, Inverts, Etc.
ALUMINUM GRATING
2 SECTIONS
GRATING SCHEDULE
MH DIA. BEARING BAR
48" & 54" 1 1/4- X 1/8"
60", 66" & 72" 1 1/4- X 3/16-
78" 1 1/2" X 3/16"

84" -
1 3/4" X 3/16
96" 2" X 3 16"
F ANGLE IN TWO SECTIONS
-BOLT SHELF ANGLE TO MH AT 24" 0/C
AND 3 1/2" FROM ENDS (MAX.)
GRATING PLAN
?-2„--j
SPA, CERS„
BEARING 3/16
BARS 1
GRATING DETAIL
MANHOLE WALL
SPACER BARS---,?
RCP I 1 "RCP
/ Inv _
Inv ALUMINUM BEARING BAR
(SEE SCHEDULE)
MHWALL EPER DETAILa SHELF ANGLE 2" X 2" X 3/16" GALV. • •q
CH N
MANHOLE ANEL
'\ . MANHOLE BASE 3/8" X 2 3/4 RAWL STUDS
•4 • DIVERSID"7 PIPE NOTE: FASTEN GRATING TO SHELF ANGLE WITH
DESIGN DIMENSIONS (To Foclity) GALVANIZED BOLTS AND STANDARD RETAINER CLIPS.
- Inv.-
SECTION A-A BOLTING DETAIL
r`'?`Y C
MONTGOMERY COUNTY DATE: 02/04
DIVERSION STRUCTURE
DEPARTMENT OF PERMITTING
SERVICES MANHOLE REVISION:
1• r; b.1 r,l•?
WATER RESOURCES DETAIL
.11olL;rI" SCALE: NONE
3
i

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Draft Level Spreader Design Options Version 1.0
October 10, 2001
Using Level Spreaders to Provide Diffuse Flow Through Buffers for Compliance with Riparian Area Protection Rules
Level spreaders are one means of providing diffuse flow through protected buffers. It is always preferable to not
concentrate stormwater initially and provide as many outfalls as possible. This can reduce or even eliminate the need for
engineered devices to provide diffuse flow. However, this is not feasible in many cases. Some buffer protection rules such
as the Neuse, Catawba, and Tar-Pamlico Riparian Area Protection Rules do not allow direct discharges of stormwater
through the protected buffers. However, it is 'allowable' with written approval from the DWQ to provide best management
practices (BMPs) that remove the nutrients or pollutants in question in order to discharge directly through the buffer.
These measures could include the use of the buffer itself as a forested filter strip, for instance, to remove the desired
substances. In addition to providing diffuse flow, level spreaders can be used to distribute flow into filter strips.
There are certain criteria that apply to every design that utilizes level spreaders to provide diffuse flow.
1) The entire system must safely pass a 10 year storm event without failing or causing erosion, gullies or rills.
2) The design of the level spreader must take into consideration site specific conditions such as topography, vegetative
cover, soil and other geologic conditions. If diffused flow is not attainable based on site conditions they should not be
used. (i.e. the slope of the natural ground away from or parallel to the level spreader should be relatively smooth in
the direction toward the stream so that the flow will not reconcentrate.)
3) Level spreaders should have a minimum length of ten feet and an absolute, maximum length of 300 feet.
4) It is always easier to keep flow distributed than to redistribute it after collection.
5) The type and amount of vegetative ground cover must also be considered.
6) Level spreaders must be level.
Level Spreader Design Options:
Conventional level spreader design option where entire discharge is passed through the level spreader with
no bypass conveyance for larger storms:
• For grass or thick ground cover vegetation:
i)13 feet of level spreader for every 1 cfs flow (Based on Q10 discharge)
ii) maximum length of 300 feet per level spreader
iii) Slopes of 8% or less from level spreader to top of stream bank
• For forested areas with little or no ground cover vegetation:
i) 100 feet of level spreader for every 1 cfs flow (Based on Q10 discharge)
ii) maximum length of 300 feet per level spreader
iii) slopes of 6% or less from level spreader to top of stream bank
Another conventional level spreader design technique that can be used to accommodate steeper slopes where grading is
allowed or exempt in zone 2 of protected buffers is to provide level spreaders in series as follows:
• Can be used on slopes of up to 15% for forested areas and 25% for grass or thick ground cover
• Structural level spreader just outside of zone 2 followed by a grassed berm level spreader just outside of zone 1
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/ncvetlands/
Page 2 of 2
• Maximum Q10 discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level
spreader for grass or thick ground cover
In some instances, because of topography, the size and imperviousness of the drainage area, or other site constraints,
conventional level spreader designs are not appropriate. However, there are alternative designs, like the ones listed
below, that would allow a level spreader to function properly by bypassing the larger discharge events. This is based on
the assumption used in designing most water quality BMPs that the 'first flush' of stormwater discharge contains the
most substances of concern. These other alternatives are *allowable (require written approval from DWQ)' for protected
buffers in the Neuse, Tar-Pamlico and Catawba basins, but would not be allowable in protected buffers of the Randleman
watershed.
Level spreader with bypass for larger drainage areas that require 85% TSS removal or where lateral constraints limit the
level spreader length severely:
• Dry detention basin designed per NCDENR Stormwater BMP Manual" sized to detain 1" rain and release it over 2-5
days' through a level spreader.
• Level spreader length based on the maximum release rate discharge
• Discharges from greater than a 1' rain can be bypassed via an appropriate conveyance such as a grassed swale (rip
rap lined ditch or pipe may be used if necessary)
• Maximum discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader
for grass or thick ground cover
in order to meet 85% TSS Removal criteria)
Another bypass alternative can be used that would not be considered to remove 85% TSS:
• Detention basin such as a type B silt basin preceding the level spreader
• Level spreader length based on the 1" per hour intensity storm
• A system designed to bypass the greater than 1" in per hour intensity storm through an appropriate conveyance such
as a grassed swale (rip rap lined ditch or pipe may be used if necessary)
• Maximum discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader
for grass or thick ground cover
Yet another design that can be used in very specific areas with virtually flat slopes is a Preformed Scour Hole with a Level
Spreader Apron (typical detail attached):
• Discharge area must have virtually flat slopes such as those in flood plains or wetlands
• Must be located outside of zone 2
• B = 3 x discharge pipe size for pipes of either 15 or 18 inches B= base width (see detail)
• Maximum allowable discharge (Q10) of 6 cfs for a 15 inch pipe and 10 cfs for an 18 inch pipe
• Minimum apron width of 4 feet.
Any of the above options will be considered acceptable if designed in accordance with the outlined criteria. Please keep in
mind that some of the above practices may still require written approval, for instance when a direct bypass discharge is
proposed through a protected buffer in the Neuse or Tar-Pamlico River Basin.
?CF W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
tom` - -- North Carolina Department of Environment and Natural Resources
> EYP1:-
p Alan W. Klimek, P.E. Director
Division of Water Quality
August 3, 2005
Project Name: Swann's Mill Subdivision
Durham County
EXPRESS REVIEW ACCEPTANCE LETTER
D.R. Horton
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Fax #: [phone]
Subject Property: North side of Hebron Rd near intersection with Old Oxford Hwy. (SR 1004)
Dear Mr. Horton:
On July 29, 2005, the 401 Oversight/Express Permitting Unit of the Division of Water Quality received a
Faxlemail request from Chris Flowers of Soil and Environmental Consultants regarding a project known as
"Swann's Mill Subdivision" for acceptance into the Express Review Program. We understand that you have
withdrawn this project from the regular 401 Water Quality Certification Program. This letter advises you that
your project will be accepted into the Express Review Program once the following items are received:
1) The application fee of $2,000.00 [made payable to the North Carolina Division of Water Quality];
2) Five (5) complete and collated copies of the PCN application; and
3) Five (5) copies of all additional information pertaining to this project.
Thank you for your attention to this matter. Please keep in mind that the clock for this project will not start until
receipt of the completed application package and required fee are received.
If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi Karoly at
919-733-9721 or Cynthia Van Der Wiele at 715-3473.
Sincerely,
lf4 an W. Klimek, P.E., Director
AWK/cbk/cvdw
cc: Raleigh DWQ Regional Office
File copy
Central Files
Chris Flowers, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 (fax # [phone])
Filename:
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.ne.us/ncwctlands
SA2005 Express Acceptance letters\Swann's Mill Subdivision.doc
N `
o Carolina
Nfurally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
O?O? W AT kR19
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
05 0.6 0
EXPRESS PERMIT REVIEW PROGRAM
Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #:
Fax #:
Fax To: Chris Flowers, S&EC
D.R. Horton
Subject: Sumerlyn Subdivision
Number of pages including cover sheet: 2
Notes or special instructions:
919-733-0203
919-733-6893
Fax #: [phone]
919-469-5406
Date: July 19, 2005
The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502.
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: hup://112o.enr.state.ne.us/ncwctlands
One
NotthCarolina
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An Equal Opportunity/Affirmative Action Employer-50°o Recycled/109% Post Consumer Paper
07/9/2005 10:40 F.A-1
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10
VP
8 0626
Soil & Environmental
11010 Ravcn R .fg.? Road - Ral.igh, Noah Carulin.i 27614 -
www.Sx1JFiC.con1
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Consultants, PA.
I'hunx•: 1919) N(r5kA)() - Fac: 1.919) R4(,.9461
FACSINIILE SHEET
FAX NO. [phone]
DATE:-2/s2? Project Number:W
TO: NAINIE: ACC:
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COMPANY: 1 K)Q
FAX NUMBER:-
>~ RONI: SUBJECT: f
ss '"1?.UieuJ
The following items are being fared. Numbcr of pages including transmittia ieet:?
For Your Comments/Approval For Your Information
Per Our Conversation Per Your Request
Please Advise Please Call
Would Like To Discuss Please Handle
HAR1-) COPY SENT:
US Regular \lail Hand Deliver}'
Overnight ? No Hard Copy Sent
REMARKS: ca?? ??` l?(?r • ?
?

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IF YOU HA : I\NY PROBLEM,; WITH THIS TRANSMISSION, PLEASE
CONTACT AT [phone].
"CONFIDENTIALITY NOTICE'S
This tran::mission is inttnJcd unly Ibr the we of-the individual or entity to which it is aJdressed and may contain intbrmatim that is
privileged and confidential. 11 the reader olth s message is not the intended recipient, you are hereby notified that any di5elosure,
distribution or cnltying oltltis inform-,ition is strictly prohibited. Ifyou have received this transmission in emus, please notify us
immediately by telgihone and return the laxea documents to us at the above address via the United States Postal Service.
(?CSill?l?.`re Oflse!
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JUL-29-2005 FRI 12:05 TEL:[phone] NAME:DWQ-WETLANDS P. 1
07/29/2005 10:40 FAX
zoo-
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN ME 401 OVERSITE/EXPRESS PERMITTING UNIT
September 1, ZOOM
Version 3
Applicant Name: D.R. Horton
Applicant Address: 2000 Aerial Center Parkway, Suite 110
Morrisville, NC' 27560
Applicant's phone number: 919-460-2965 Fax Number: 919469-5406
Applicant's email address: N/A
Consultant Name (if applicable): So. I & Environmental Consultants, PA
Consultant address (if applicable): A ttn.: Mr. Chris Flowers
11010 Raven Ridge Road, Raleigh, NC 27615
Consultant's plione number: 919-846-5900 Fax Number: 919-846-9467
Consultant's email address: cllowcr-Ousandec.com
"Type of action requested under the Ecpress Review Program (check all that apply):
? 401 Water QualityCertificatiolt ? Stream Origin Determination
? Isolated Wetland Permit # of Detenminations Requested
® Riparian Buffer Approval ? IntermittenUPerennial Determination
? Stonnwater Management Plan # of Determinations Requested
? Mitigation Plan
? stream ? wetland ? Duffers (check all appropriate)
Name of Project: Swann's Mill County: Durham
Total project acreage: 130 (acres) Total built out impervious area: 22°/o (acres)
Nearest named stream (from USGS topo map): Eno River
Please provide a brief description of this project (attach site plan if available):
The overall proiect is the constriction. of a residential subdivision.
Please attach a map of site location ming USGS 1:24,000 map and county soil survey.
1
JUL-29-2005 FRI 12:06 TEL:[phone] NAME:DWQ-WETLANDS P. 2
07/29/2005 19:41 FAT
U003
Location of project site - please incl lde reference to the county, nearest name town and highway number:
The Project is located in Durhan County, North Carolina on the North side of Hebron Road approximately 300
feet west of the intersection of Hebron Road and Old Oxford Hi lg iway (SR 1004).
Proposed impacts: .* 0.1 ac
18.121
Acres of 404 wetlands
Acres of isolated wetlands
Linear feet of streams
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. _Yes, express pen-nit tr rinin March 8 2005
Has any DWQ staff visited the site? _Yes if yes, please provide DWQ staff name, Samuel Aghimien and
date of visit: 06/24/05
Which other environmental permits From other agencies will be needed for this project? Please list the penuits and
issuing agencies below:
NWP 39 will be used to coN er impacts to wetlands, however the impact totals are below the threshold for
preconstntction notification to the U SACE.
Does this project require approval ut der the State Environmental Policy Act or National Environmental Policy Act?
No
Is this project an After-the-fact appli.ation or has this project received a previous Notice of Violation from DWQ?
No
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controve, sy concerning this project? If so, please describe the controversy and any
measures that have been taken with rzspcct to public involvement.
No
This forth trust be submitted via email (c/o 401expressPiicmail.net), faxed (919-733-6893) or hand-delivered to the
Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be not fied via ernail or fax within 2 days. Successful applicants will then be instructed
regarding detailed procedures for fill application (Please Note: Submittals of the review packages on Friday after
12:00 pm will be stamped as received on the next business day).
Please contact Debbie Edwards at 91 )-733-9502 if you have any questions regarding this form.
2
JUL-29-2005 FRI 12:06 TEL:[phone] NANE:DWQ-WETLANDS P. 3
07/29/2005 13:41 FAT
0 004
1 ? ` tit/ ~. ?? •? ???? ?r?''7.1 ?N :1 .I` 1 ?? M.. ,•,1
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0240 r - 2w Figure 1- USGS Quad
Project Date:
Mgr.:TP it am Hebron Rosa
Torrey Homes
Durham, Durham Ca., NC
epv?ti>t 'l: ? ': ? ? •
NORTHEAST DURHAM, N. C.
SE/4 DURHAM NORTH r5• QUADRANGLE
36078-A7-TF-024
PHOTOINSPECTED 1990
1973
PHOTOREVISED 1987
DMA 5254 III SE-SERIES V042
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd¦ Rdeigt> NC 27614
[phone] • [phone]
Web Page: www.SandEC.Com
JUL-29-2005 FRI 12:06 TEL:[phone] NAME:DWQ-WETLANDS P. 4
07/9/2005 13:41 FAX
U005
Project 0; Scale:
o z - G M r -1329 Fa ure 2- Soi I SuRVe
Pcvied Date: 9 Y
Myr.;TP 1=02 Hebron Road
Torrey Homes
Durham, Durham Cc, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com
JUL-29-2005 FRI 12:06 TEL:[phone] NAME:DWQ-WETLANDS P. 5
.05-0 6 26
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
September 1, 2004
Version 3'
Applicant Name: D.R. Horton
Applicant Address: 2000 Aerial Center Parkway Suite 110
Morrisville NC 27560
Applicant's phone number: 919-460-2965 Fax Number: 919-469-5406
Applicant's email address: 'N/A
Consultant, Name (if applicable): Soil & Environmental! Consultants PA
Consultant address (if applicable): Attn:: Mr. Chris Flowers
11010 Raven Ridae Road Raleip-h NC 27615
Consultant's phone number: 919=846-5900 Fax Number: 919-846-9467
Consultant's email address: cflow &,, andec_com
Type of action requested' under the Express Review Program (check all that apply);
? 404 Water Quality Certification ? Stream Origin Determination
? Isolated Wetland Permit # of Determinations Requested
® Riparian Buffer Approval ? Intermittent/Perennial Determination
? Stormwater Management Plan # of Determinations Requested
? Mitigation Plan
? stream ? wetland ? buffers (check all appropriate)
Name of Project: Swann'sMill _ County: Durham
Total project acreage: 130 (acres) Total built out impervious area 22% (acres)
Nearest named stream (from USES topo map): Eno River
Please provide a brief description of this project (attach site plan if available):
The overall project is the construction of a residential subdivision.
Please attach a neap of shelocation using USGS 1:24,000 map and county soil survey.
' 1
Location of project site - please include reference to the county, nearest name town and highway number:
The project is located-in Durham County North Carolina on the North side of Hebron Road approximately 300
feet west of the intersection of Hebron Road and Old Oxford Highway (SR 1004).
Proposed impacts < 0.1 ac Acres of 404 wetlands
Acres of isolated wetlands
Linear feet of streams
linear feet of isolated streams
18 121 Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. Yes, express permit training March 8, 2005
Has any DWQ staff visited the site? Yes ,;if yes, please provide DWQ staff name, Samuel Ahi?mien and
date of visit: 06/24/05
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below:
NWP 39 will be used to cover impacts to wetlands however the impact totals are below the threshold for
preconstruction notification to the USAGE.
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
No
Does this project require approval ofa,Variance frornthe NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
No
This form must be submitted via email (c/o 401express atcmail.net), faxed (919-733-6893) or hand-delivered to the
Parkview Building; 2321 Crabtree Blvd., Raleigh, Ne 27604_ Applicants who are selected to participate in the
Express Review Program will be notified via email or fax within 2 days. Successful applicants will then be instructed
regarding detailed procedures for full application (Please Note: Submittals of the review packages on Friday after
12:00 pm will be stamped as received on the next business day).
Please contact Debbie Edwards at 919-733-9502 if you have any questions regarding this form.
2

Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
1,
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NORTHEAST DURHAM, N. C-
SE'4 DURHAM NORTH 15' QUADRANGLE
36078-A7-TF-024
PI!OTOINSPECTED 1990
1973
PIIOTOREVISED 1987
DMA 5256 Ill SE-SERIES V842
Project Scale:
02.8823 ' - 20m, Figure 1 - USGS Quad
Project Date:
Mgr.: TP 1/28/02 Hebron Road
Torrey Homes
Durham, Durham Co., NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com