20031441 Ver 1_Complete File_20031118

OF W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
-i Division of Water Quality
P - ,C
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 4, 2004
Heathrow Homeowner's Association
C/O: Pindell-Wilson Property Management
P.O. Box 20969
Raleigh, NC 27619
DWQ Project No. 03-1441
Wake County
Page 1 of 3
Subject Property: Heathrow Streambank Stabilization, Datkins Ct., Heathrow (Durant Trace) SID, Raleigh, NC
UT to Neuse River [03-04-02, 27-25-3-(1), B NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 213 .0233) with ADDITIONAL CONDITIONS
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 30 feet of perennial stream and 300 square feet (ft2) of. protected riparian buffers for the purpose of
installing streambank stabilization at the subject property, as described within your application dated December 22,
2003 including revisions dated January 6, 2004. After reviewing your application, we have decided that the impacts are
covered bythe N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3399 (GC3399).
The Certification(s) allows you to use Nationwide Permit(s) 13 when issued by the US Army Corps of Engineers
(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control
and Non-discharge regulations. Also, this approval will.expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
This approval is only valid 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
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.
2. 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 Preconstruction Notice Application.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetiands
Heathrow Homeowner's Association
Page 2 of 2
March 4, 2004
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.
3. 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.
4. 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.
5. No Rip-Rap within the Stream Bed - No rip-rap (or any other material) shall be placed directly within the stream
bed without prior approval from the DWQ.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Attachments: Certificate of Completion
GC 3399
Cc: Johnny York (President Heathrow Homeowners Association), 2428 Dean Wood Drive, Raleigh, NC 27615
Sara Thomas, 9212 Dakins Court, Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 03-1441
Date: March 4, 2004
bz
Sincerely,
??F WATF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
-i Division of Water Quality
p ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 4, 2004
DWQ Project No. 03-1441
Wake County
Page 1 of 3
Heathrow Homeowner's Association
C/O: Pindell-Wilson Property Management
P.O. Box 20969
Raleigh, NC 27619
Subject Property: Heathrow Streambank Stabilization, Datkins Ct., Heathrow (Durant Trace) S/D, Raleigh, NC
UT to Neuse River [03-04-02, 27-25-3-(1), B NSW (nutrient sensitive)]
DWQ Comments
To Whom It May Concern:
On March 4, 2004, the Division of Water Quality (DWQ) approved impacts to 30 feet of perennial stream and 300
square feet (ft) of protected riparian buffers for the purpose of installing streambank stabilization at the subject
property. In a letter dated December 11, 2003, the DWQ stated, "the ideal method to stabilize the stream would be an
over all stream restoration plan beyond the two private areas addressed within your application". A letter from the City
of Raleigh Stormwater Services Division dated March 12, 2003 was provided to the DWQ. This letter stated that the
site "would likely not qualify for Wetland Restoration Program (WRP) funding because there is an insufficient length of
severely eroded channel". It does not appear that WRP (now the Ecological Enhancement. Program (EEP)) was
contacted regarding this stream. EEP staff may determine that the stream as a whole is unstable even though only a
few areas contain "severely eroded channel" sections and therefore may be able to provide the funding needed to
restore the stream. Also, the DWQ encourages you to search for other funding options to restore the stream beyond
EEP. If funding is not available for restoring the stream, then the DWQ encourages you to find solutions to stabilize all
severely eroding streambanks. Severely eroding streambanks can be a significant contributor of sediment (a major
water quality pollutant) to our streams and other surface waters. The DWQ encourages the use of "soft" stabilization
techniques such as grading with vegetated plantings over "hard" stabilization techniques such as riprap. The solution
proposed by the City of Raleigh Stormwater Services Division in their letter to you dated October 2, 2003 may help to
stabilize some of the severely eroding streambanks. Please note that this solution will require a new application,
additional review and written concurrence from the DWQ beyond that approved within the March 4, 2004 approval letter.
Sincerely,
n Dorney
D Q Wetlands 40 ? it
Cc: Johnny York .(President Heathrow Ho a wners Association), 2428 Dean Wood Drive, Raleigh, NC 27615
Sara Thomas, 9212 Dakins Court, Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 03-1441
Date: March 4, 2004
bz
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwotlands
imap://[e-mail]:143/fe...

Subject: Re: heathrow stream buffer project 03-1441
From: Steve Mitchell <[e-mail]>
Date: Tue, 10 Feb 2004 16:50:53 -0500
To: Bob Zarzecki <[e-mail]>
I would love to see the entire reach restored but let us be realistic. I have no
problems with the proposed "FIX" and made comments on file maker.
Bob Zarzecki wrote:
Mitchell,
I'll write the letter. I just spoke to Ms. Thomas and agreed to include a
recommendation with any approval that we recommend that they look at a more
comprehensive restoration or stabilization approach. Do you recommend approving
the homeowner's association current plan to fix the two areas? If so, are you ok
with the recommendation mentioned above and do you propose any other conditions or
recommendations?
- Bob
John Dorney wrote:
i'll let you and debbie fight over who gets the honor of writing this one up.
once it is drafted, i'll call ms. thomas and let her talk about what a poor
decision this is. then i'll issue it. thankx
Bob Zarzecki wrote:
Why do I need to get involved? (kidding) Debbie has been working on this
project. It's currently on hold for comments from the RRO. I agree with
Dorney. I don't think that what they are proposing will lead to cumulative
impacts and may fix the immediate erosion areas. However, I also agree with Ms.
Thomas and Debbie in that I don't think that it is a long term fix for the
stream, more of a Band-Aid. With that said, I don't see how we can make the
homeowner association fix the whole stream if they don't want to. Sounds like
Ms. Thomas needs to lobby the homeowner association. I thought that this would
be a good one for Debbie to write up given her past involvement. I'll be glad
to write it up, but I plan to follow the RRO comments to the extent that the
rules allow.
John Dorney wrote:
please call sarah thomas (807-3733) about this project (good luck!). she wants
to lobby you to us to require the entire project (rather than just a repair on
a small area). i suspect that as long as the smaller project will not violate
water quality standards and the buffer rules, then we cannot require the
homeowner's association to do more work. this is of course not the answer that
ms. thomas wants however. if you need to discuss this with me please do so.
thankx
I ? C.???U" w vu?J ? !" ?'"?G-...sw?-ems 5 ?, o .
?-

1 of 1 2/12/2004 9:48 AM
imap://bob.zarzecki%40dwq.denr.ncmail.net @cros.ncmail.net:143/fe...
Subject: [Fwd: Re: Heathrow Stream Buffer PCN Status]
From: Debbie Edwards <[e-mail]>
Date: Tue, 10 Feb 2004 16:53:16 -0500
To: Bob Zarzecki <[e-mail]>
-------- Original Message --------
Subject: Re: Heathrow Stream Buffer PCN Status
Date: Tue, 10 Feb 2004 07:31:05 -0500
From: Steve Mitchell <[e-mail]>
To: Debbie Edwards <[e-mail]>
References: <[e-mail]>
<[e-mail]>
Z and I went to this site and see no reason to deny the current permit application.
This is not a happy stream byt the proposal to fix two small areas will not cause an
imncrease in the erosive velocity of the water downstream to any great extent. Check
w/Bob.
Debbie Edwards wrote:
Hey Kevin,
Well, things have changed since we last talked. I am now in a new position at the
401/Wetland Unit. Upon leaving the Raleigh Regional Office (RRO), some projects
got shifted to Steve Mitchell. Last I heard, Steve Mitchell and Bob Zarzecki
visited the site and I have not spoke with Steve about what his comments are. At
this point, you need to contact Steve about the project and find out his opinion
on the project. I do still have a history with this project and when the RRO sends
their comments to our office, it will still be reviewed by myself and staff here
at the Wetlands Unit. If you have any more questions, my new phone # is 733-9584.
Thanks,
Debbie
White, Kevin W wrote:
Debbie,
I just wanted to touch base with you to get an update on our Pre Construction
Notice for the Heathrow Stream Buffer project for Heathrow (Durant Trace)
Homeowner's Association. If you could give me an idea of when we might know the
final verdict on our application, I would appreciate it.
Thanks for your assistance.
Regards,
Kevin
Kevin W. White
Durant Trace (Heathrow) Homeowners Association
(H) 919-866-1469
(W) 919-878-2989
1 of 1 2/12/2004 9:48 AM
imap://[e-mail]:143/fe...
Subject: Re: heathrow stream buffer project 03-1441
From: John Domey <[e-mail]>
Date: Wed, 11 Feb 2004 08:02:01 -0500
To: Bob Zarzecki <[e-mail]>
CC: "steve.mitchell" <[e-mail]>, Debbie Edwards <[e-mail]>
how about a separate letter stating that - i am not sure it really belongs in an
approval letter.
Bob Zarzecki wrote:
Mitchell,
I'll write the letter. I just spoke to Ms. Thomas and agreed to include a
recommendation with any approval that we recommend that they look at a more
comprehensive restoration or stabilization approach. Do you recommend approving
the homeowner's association current plan to fix the two areas? If so, are you ok
with the recommendation mentioned above and do you propose any other conditions or
recommendations?
- Bob
John Dorney wrote:
i'll let you and debbie fight over who gets the honor of writing this one up.
once it is drafted, i'll call ms. thomas and let her talk about what a poor
decision this is. then i'll issue it. thankx
Bob Zarzecki wrote:
Why do I need to get involved? (kidding) Debbie has been working on this
project. It's currently on hold for comments from the RRO. I agree with
Dorney. I don't think that what they are proposing will lead to cumulative
impacts and may fix the immediate erosion areas. However, I also agree with Ms.
Thomas and Debbie in that I don't think that it is a long term fix for the
stream, more of a Band-Aid. With that said, I don't see how we can make the
homeowner association fix the whole stream if they don't want to. Sounds like
Ms. Thomas needs to lobby the homeowner association. I thought that this would
be a good one for Debbie to write up given her past involvement. I'll be glad
to write it up, but I plan to follow the RRO comments to the extent that the
rules allow.
John Dorney wrote:
please call sarah thomas (807-3733) about this project (good luck!). she wants
to lobby you to us to require the entire project (rather than just a repair on
a small area). i suspect that as long as the smaller project will not violate
water quality standards and the buffer rules, then we cannot require the
homeowner's association to do more work. this is of course not the answer that
ms. thomas wants however. if you need to discuss this with me please do so.
thankx
Iof I
2/12/2004 9:48 AM
two Healthcare
Mallinclrrodt
Facsimile Communication
To: John Dorney/Bob Zarzecki
Company: 401 Water Quality Certification Program
Fax Number: 919-733-6893
Date: 1/6/2004
Number of Pages (including cover sheet): 7-
0 For your information
? Please respond
? Urgent
? Confidential
Engineering
Kevin W. White, PE
Engineering Manager
Tyco / Healthcare / Mallinckrodt
8800 Durant Road
Raleigh, North Carolina 27616
Telephone [phone]
Facsimile 919-713-2449
Entail Kevin.k?,hite -itycohealthcaracom
Raleigh, NC
Comments:
Please see the attached drawing regarding DWQ # 03-1441 for the Heathrow Stream Buffer
Project. This drawing depicts further detail at a scale of 1:50 for the revised proposal for a
vegetative stabilization effort at the proposed site. Additional copies (7) of the attached will be
provided via postal service.
If additional information is necessary, please contact me at 919-878-2989.
R ards,
evm W. White, PE
resident
Heathrow Homeowners Association

'AN 0 !) 2004
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3. RiP RAP VOLUME APPROX. 2.584 CU. 103
4. BANX GRADED TO 2HAV RATIO.
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4. BANK GRADED TO 2H:1V RATIO.
TYP. LIVE STAKES
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I. LIVE STAKES !.NTERSPERSEO AMONS PNP PAP AND 4 FEET A@GVr
2. EARTH 6'-RM SHALL BE STAEIJZED W/ Fle._R VESH A?:D CRASS SEED.
3. R,P RAP VOLUME APPROX. 2.524 CU. YOS
4. 6ANII CRADEP TO 2H:IV RATIO
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- - - - DWQ-# 03-1441 -- - E
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Date:. v
To:
From:
? ARO
? FRO
? MRO
C2' RRO
Triage Check List
Project Name:
DWQ#:
County:
Mike Parker ?' WaRO Tom Steffens
Ken Averitte ? WiRO Noelle Lutheran
Alan Johnson ? WSRO Daryl Lamb
Steve Mitchell
Telephone : (919) -7 3.3 vl?
.
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
? 0 Td ? J
Comments: (121pal)_e I
_?_ ?[5?e -.11

9200 Dakins Court
Raleigh, NC 27615
December 22, 2003
RE: DWQ # 03-1441
Heathrow Stream Buffer Project
Alternate Proposal
NC DENR - Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
WETLANDS / 401 GROUP
JAN 0 2 2004
WATER QUALITY SECTION
To Whom It May Concern:
In reply to your request for additional information regarding our application to complete a stream
stabilization project in Wake County, the desired information follows below along with the associated
attachments.
PCN, Section VII. Impact Justification (Avoidance and Minimization)
As stated in the Heathrow Stream Buffer Project Detail letter, this project is the result of an influx of
storm water along the stream bed between the Heathrow common area and homeowners' property.
We are proposing to mitigate erosion along the stream in several areas where the stream is
encroaching on homeowners' property. These areas affect basically one homeowner out of 208 in our
association. Our proposal to stabilize the stream bank in only two areas is a result of several factors.
First, acting as a Homeowners Association we have minimal resources to apply to such a project.
Therefore, we are trying to alleviate the problem in the most cost efficient manner as possible. Second,
there is only one homeowner that is especially concerned about the erosion along the streambed in
regards to its effect on their property. The other neighboring homeowners do not consider the erosion a
threat, nor do they desire modifications to their property or property adjacent for mitigation of the
erosion. Third, the location of the erosion is virtually unseen from the aspect of the community and has
little use or access. Which leads to the next factor, access to the affected areas is limited. A large
project or complete restoration of the stream would require the use of heavy machinery and equipment,
which would severely impact surrounding neighbors properties as their properties would be used for
access to the stream.
Finally, it is believed that the ultimate resolution to the problem along the stream will not be served as a
part of this project but will ultimately require additional patches and repairs in the future along this area
or others downstream. The City of Raleigh should be required to help facilitate a stream buffer and
retention pond to help alleviate the influx of stormwater along the stream due to the buildup of
developments, roads and shopping centers in the area.
PCN, Section X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Project will impact protected riparian buffer within 15A NCAC 2B. 0233 (Neuse).
Yes f-vi No I-
Zone* Impact (square feet Multiplier Required Mitigation
1 300 3 900
2 NA 1.5 NA
Total 300 900
*Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20
feet from the edge of Zone 1.
Buffer mitigation: Payment to the Riparian Buffer Restoration Fund the sum of $864.00 (900 x
$0.961sg. ft.).
Stream Buffer Proposal 2:
Overall, we are willing to work with the DWQ to construct a viable impact that serves as an
environmentally friendly yet self-sustaining mechanism to improve the stream's bank stability at the
proposed areas. Thus, we propose the following alternative to our initial hardened rip rap proposal.
• Hand grade 2 areas of the stream bank adjacent to the property at 9212 Dakins Court of
approximately 10'x 15' to a 2H:1V grade.
• Apply a small amount of rip rap for a rock toe armor at base of grade where the bank meets
the stream. Approximate rip rap area 15' wide x 2' high. Rip rap to be applied over filter fabric.
• Apply tall fescue grass seed and fertilizer over graded bank.
• Install fiber mesh over seeded graded bank.
• Install live stakes of willow or other tree/shrub (<30 ft in height) with extensive rooting character
and moisture tolerant at a rate of -2 stakes per square yard in a random pattern. Live stakes
will be joint planted within the rock toe then dispersed randomly along the 15 foot sections to 4
feet from the top of the rock toe.
• At the top of the graded bank (15' x 5' section of area), rooted stock of river birch or other tree
(30 - 80 ft in height) with similar rooting character and location desirability. Two (2) of these
taller trees will be planted at each project area.
Note: The rip rap could be omitted, if not desired. It is our belief that the rip rap will assist the vegetation
in taking root and becoming established within the bank.
If you have questions regarding this project or need additional information, please feel free to contact
me at 878-2989.
Sincerel ,
r
Kevin W. White, P.E.
President
Durant Trace (Heathrow) Homeowner's Association
Page 2
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: /
Open Water Impact
Site Number
(indicate on tna)
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wat) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary i
flooding, drainage, bulkheads, etc.
Impacts include, but are not limited to: till, excavation, dredging,
5. Pond Creation
If construction /idd is proposed, associated wetland and stream impacts should be
included above and and stream impact sections. Also, the proposed pond should
be described hetrated on any maps included w ith this application.
Pond to be cre k all that apply): ? uplands ? stream ? wetlands
Describe t riethod of construction (e.g., dam/embankment, excavation, installation of
draw-do n valve or spillway, etc.):
dosed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
cal stormwater requirement, etc.):
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.

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2I00, rr tgation 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.
Page 9 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) in-is or the use of public
(federal/state) land?
Yes ? No F-1 If yes, does the project require prepara?t-f--of an environmental docutnent pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure -? liether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5 $3 to review current thresholds for environmental documentation.
Yes? o?
If yes, h s- ie document review been finalized by the State Clearinghouse? If so, please attach a
eoy 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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply B ffer Requirements), or other (please identify Ur,,-b% )?
Yes No ? If you answered "yes", provide the following information:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 J?) 3 ?) Jv
2 1.5 N?
Total ) ?'? oro
* Zone I extends out 30 teet perpendicular tram near bank of channel; Zone 1 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
XI. Stormwater (required by DWQ)
Deis ribe impervious acreage (both existing and proposed) versus total acreage on the site.
Discu stormwater controls proposed in order to protect surface waters and wetlands
downstr m from the property.
XII. Sewage Disposal equired by DWQ)
Clearly detail the ultim e treatment methods and disposition (non-discharge or discharge) of
wastewater generated from le proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
Threatened Species, accessibility problems, or o ssues o s pp )
es (15A NCAC 2H .0500) or any Buffer Rules?
It is the applicant's responsibility to submit the application sufficit ltly in advance of desired
construction dates to allow processing time for these permits. H ver, an applicant may
choose to list constraints associated with construction or sequencing that ay impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated wi I??Endangered and
ther i ut ide of the alicalht'control .
f z ?a z
,,,, t6
X/pplicant/Agent's Signature ' D'ate,
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
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JAN. -05' 04 (PION) 08: 334
)North Carolina
Department
of
Public
Instruction
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FAX TRANSMISSION COVER SHEET
INFRASTRUCTURE TECHNOLOGIES DIVISION
DATE:
TO: ;Toil xA Doam eq
FAX: `j 3-, - 6893
SUBJECT: +} gprj-y.r St-V?E? -,vAy-f?2
SENDER: ` AV*?- -TrtL-e-? &S - ( 2%14- `11 I `-1
YOU SHOULD RECEIVE ,9 PAGE(S), INCLUDING THIS COVER SHEET,
IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL (919) Zy -- -9 11 Ll
NOTES:
CIS( /
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301 North Wilmington Street, Raleigh, North Carolina 27601-2825
Fax Number [phone]
JAN. -05' 04 (NION) 08: 3.1
Sara Thomas
9212 Oakins Court
Raleigh, NC 27615
January 5, 2004
John Dorney
NC Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27604
Dear Mr. Dorney:
TGL:919 807 35,121 P. 002
First I would like to thank you for not approving the 401 permit for the Heathrow Stream Buffer (Durant
Trace) project. As 1 mention in a previous conversation with you, my husband and I would prefer that
the Homeowners Association move forward with the proposal from the City of Raleigh (see attached)
and not go with an independent contractor and a "band aid" type solution. The City of Raleigh proposal
is a comprehensive solution that will stabilize the entire bank and keep our property from falling into the
stream.
Our board President has resubmitted the permit to you with a revised proposal however, this is still just
repairing two small sections of the bank aprox, 10 x 15 it where as the City's proposal wi] cover 181 ft.
We also believe the President is attempting to mislead you with the statements made in his letter.
1. The letter states that they are "repairing several areas". This is not true. They are proposing to
repair two small sections.
2. The letter states that the "HOA has minimal resources". This is also rot true. The HOA has
over $30, 000 in reserves for projects just like this and through the city's cost share program
they would only have to pay $9,800.
3. The letter states that "other homeowners do not sea this erosion as a throat". This is not true
and not relevant. According to our Bylaws and a letter from their own attorney the HOA is
responsible for the maintenance of the common area. The stream bank is on common area
and if not repaired will start eating away at multiple property owners lot lines.
4. Finally the President makes a comment that the "City of Raleigh should be required to help
facilitate a stream buffer and retention pond". I have already had both City and State
engineers access this entire stream bank from Cub Trail to the Durant nature part( and the only
solution offer was the City's Storm water Cost share program for the 181 ft of severely eroded
stream bank. I am including the report that verifies my comments
Sincerely,
Sara & Mark Thomas
JAN. -05' 04 (PION) 08:35
TEL:[phone] _
I'. nn3
kepi y'Io;
Cnv orkalctel
Central t nplneenne Department - 221[1
Stormwater Services Dnvistop
Post Offlcc bo% 5911
kalctpl1. NOW) Catnhna 27602 CA, il

_'YOr6. ?`aroiittc
October 2, 2003
Heathrow Homeowner's Association, Inc,
9200 Dakins Court
Raleigh, NC 27615
Attention: Mr. Kevin White
RE: Preliminary Drainage Assessment
0 Dahlgreen Road
PIN No. 1728.13 14 1043
Dear Mr. White:
You requested a preliminary cost estimate to stabilize the west bank of the stream located behind 9212 Dakins Court.
This revised estimate is enclosed along with the following documents.
1. "City Storm Drainage Policy" [Resolution No. (1998)-883] -This document is the City of Raleigh's official policy on
assistance that can be offered to owners of private property to alleviate severe erosion, structural flooding or problems
that may create a public nuisance on private property that is fully developed.
2. "Preliminary Drainage Assessment Report" -This report explains the drainage problem at this location, the City of
Raleigh's proposed solution to address this problem, and other information regarding the assistance that can be
provided through the "City Storm Drainage Policy.;
3. "Preliminary Cost Estimate" - This estivate is divided into two sections:
a. "City Right-of-Way Costs" -These costs are paid in full by the City of Raleigh at no cost to the property owner;
and
b. "Work on Private Property Costs" - These costs are shared by the City of Raleigh and the property owner. Those
portions of the work that use "hard structure" methods, such as (but not limited to) pipe or concrete paving (and
associated materials and labor costs), qualify for funding that is paid 50 % by the City of Raleigh and 50 % by the
property owner. Those portions of the work that use "soft structure" methods, such as (but not limited to)
grading, earthwork, or establishment of vegetation (and associated materials and labor costs), qualify for funding
that is paid 66.67 0/'u by the City of Raleigh and 33.33 % by the property owner.
Information concerning payment options is discussed in Item 7 below.
OFFICES • 22? WEST HARGETT STREET • POST OFFICE BOX 590 - RALEIGH, WORTH CAROLINA 27602
Focyclod Paper
JAN. -05' 04 IN10N1 08:35
Mr. White
October 2, 2003
Page Two
TEL 919 8J- 3,121 11. 004
4. "Stormwater Management Drainage Assistance Petition" -This petition form is required to be completed by the
person (or persons) requesting technical design and funding assistance through the "City Storm Drainage Policy,"
Please note that:
a. All persons indicated on the deed to the property are required to sign the petition form.
b. If there are any other properties that are affected by this drainage problem and the owners of the other properties
are seeking technical design and funding assistance through the "City Storm Drainage Policy," then each such
property owner is also required to sign and submit a petition form_
c, If implementing a solution to address the drainage problem on your property requires construction activity or
access on another person's property, then such other property owners are also required to sign and submit a
petition form. The property owners at 9209 and 9212 Daldns Court will be required to sign tite petition form
as access to your property will be through these properties.
In addition to submitting the petition form, the following information discusses requirements that must be met before any
construction activities can be initiated to implement a solution to the drainage problem:
S. All casements necessary to access the site and to perform construction activities for the drainage improvements must
be granted to the City of Raleigh.
6. The following permits maybe necessary for this project:
a. United States Army Corps of Engineers - Section 404 Wetlands Permit
b. North Carolina Department of Environment and Natural Resources -Division of Water Quality Section 401
Water Quality Certification Permit and Neuse River Buffer Rules Permit
c. City of Raleigh Conservation Engineering Division - Erosion Control Permit and Flood Permit
d. Federal Emergency Management Agency - Flood Mapping Permit
Our office will determine which permits will be necessary for the work to address your drainage problem and will
apply for any necessary permits only following receipt of a petition and City Council approval of the petition. Please
note that if any of the above-listed regulatory agencies request a change in the proposed design, or if
compensatory mitigation is required by the Division of Water Quality this will affect the Preliminary Cost
Estimate.
7. The Preliminary Cost Estimate for this project is $29,800.00. This estimate includes all materials and labor to
complete the work and includes both the "City Right-of-Way Costs" and the "Work on Private Property Costs"
previously described. The City's share of the estimated costs is $20,900.00, and the property owner's share of the
estimated costs is $9,800.00. Payment is not required until after the City Council reviews and approves the petition.
JAN. -05' 04 (h10N) 08:36
mr. White
October 2, 200;
Page Three
TGL:919 80' 3421 11. 005
Following City Council approval of a petition, the petitioner is required to make a 10 deposit of the property
owner's estimated costs within 30 days of the date of approval. The 10 0/1, deposit for this proiect will be 5980.00.
Please note that this deposit will not be refundable if the City will incur costs for surveys, dratting or design
work for this project. The remaining 90 of the property owner's estimated costs, which is $5,820.00, is to be paid
when the property owner and the City execute a written agreement providing for the construction of the proiecl.
Instead of paying the remaining 90 % of the property owner's costs as a lump sum, a petitioner may elect to pay in
installments as described in the "City Storm Drainage Policy," Section 6.o.(2). If you wish to pay the property owner
share by installment payments, please note this on the petition form. Please note that it is difficult for a homeowner's
association to qualify for installment payments. A security in the amount of the loan would be required.
Please note that all "City Storm Drainage Policy" petition projects must be approved by the City Council and construction
is required to be performed under City contract and supervision. Projects not meeting these requirements will not be
eligible for technical design or funding assistance through the "City Storm Drainage Policy." Also, the City Council may
approve, reject or modify any petition proposal based upon its considerations of relative priorities and funding.
It should be further noted that this letter is intended to briefly discuss and explain the "highlights" of the "City Storm
Drainage Policy." Please review carefully the "City Storm Drainage Policy" for all other provisions and requirements of
the "City Storm Drainage Policy."
If you wish to petition the City Council for assistance with this drainage project, please sig.,bri the petition form and return it
in the enclosed self-addressed stamped envelope. I must receive your signed petition form by January 31, 2003 in
order to process the petition so that it may be submitted to the City Council.
Please note that the City Council reviews proposed drainage petition projects two times each year - in February and July.
Each project may be approved, disapproved, modified or held until the next review period by the City Council.
Please contact me at telephone number 890-3536 if I may answer any questions regarding the "City Storm Drainage
Policy," The "Preliminary Assessment Report," the "Preliminary Cost Estimate" or the "Stormwater Management
Drainage Assistance Petition" form, or if I may be of further assistance.
Sincerely,
Veronica K. Erby
Stormwater Services Technician
Enclosures
cc: Ms. Sarah L. Thomas, 9212 Dakins Ct., Raleigh NC 27615
Mr. H. Daniel Bowden, P. E., Stormwater Services Manager
Mr. James K. Leumas, P. E., Stormwater Services Engineer
Files (3)
Dakins Court 21d Preliminary Dm Asses Report
JAN. -05' 0.1 (MON) 08:36
TEL:[phone] N. 006
PRELIMINARY
DRATNAGE ASSESSMENT REPORT
Date: October '_'. 200
Location: 0 Dahlgreen Road
1. Problem:
Severe Erosion
H. Preliminary Design Information:
A. The site is not located in a flood prone area according to the City of Raleigh's flood hazard soils maps.
B. Drainage Area - 212 Acres
III. Solution and Cost Estimate:
A solution to this problem would involve stabilizing approximately 181 feet of severely eroded creek bank
adjacent to 9212 Daldns Court. At the owners' request, this estimate is for stabilizing only the west side of the
creek bank. The west bank of the creek will be sloped to a 2:1 grade, the toe and lower portion of the bank will
be stabilized with class II rip rap stone. The upper portion of the creel: bank will be stabilized with biodegradable
matting and vegetation. The total project cost is estimated to be $29,900.00.
IV. Application of the City Storm Drainage Policy to the Problem:
Section 2 of the City Storm Drainage Policy allows the City to assist private property owners with drainage
problems associated with streams causing severe erosion or structural flooding. This section of the City Storm
Drainage Policy would allow the City to assist the property owner.
V. Priori , Level:
This drainage problem is a Priority Level 5.4 in accordance with the attached priority schedule.
VI. Funding Availability:
This problem is eligible for technical design and funding assistance in accordance with the City Storm Draina
Policy. Cost sharing between the City and the private property owner such that portions of the project on priv.-
property associated with hardened structures or pipes will be a 50 % City / 50 % Private Property Owner cost sha.
and costs associated with installation of rip rap stone on private property will be a 66.67 OX0 City / 33.33 % PrivE
Property Owner cost share. All costs within the City Right-of-Way will be funded 100 % by the City. The cost she
amounts are $9,800.00 for the Private Property Owner's share and $20,900.00 for the City's share.
VII. Limitations:
The proposed solution and associated cost estimate in this report are based on preliminary investigation and did
not involve detailed field survey work. Therefore, the proposed solution and cost estimate are subject to
reasonable modifications. However, final design plans to address the drainage problem cannot be developed
until the City receives a signed petition, a 10 % down payment of the private property owner's cost share, and
the City Council approves the petition and estimated cost for this project.
Dakins Court 2nd Assessment
JAN. -05' 04 (N1ON1 08:37
TEL: [phone]) -121 1'. 007
Area Behind 9212 Dakins Court
Preliminary Cost Estimate - Severe Erosion
Heathrow Homeowner's Association, Inc. Pin # 1728.13 14 1043
The unit prices on the items in this estimate are for furnishing, installing, complete , in place
and accepted.
City Right-of-Way Costs
Item Estimate
No. Item Description Quantity Unit Unit Price Total Cost
1 Remove Curb & Gutter 30 LF $ 8.00 $ 240.00
2 Replace Curb & Gutter 30 LF $ 18.00 S 540.00
$ 780.00
Mobilization/Demobilization $ 39.00
Contingency / Eng. Costs S 117.00
Total $ 936.00
Work on Private Property Costs
Item Estimate
No. Item Description Quantity Unit Unit Price Total Cost
1 401/404 Permit 1 LS $ 400.00 $ 400.00
2 Fill 25 CY $ 14.00 $ 350.00
3 Clearing 0.1 AC $ 7,000.00 $ 7C0.00
4 Matting 178 SY $ 9.50 $ 1,691,00
5 Check Dam 1 EA $ 400.00 $ 400.00
6 Construction Fencing 300 LF $ 3.00 $ 900.00
7 Live Staking 640 EA $ 6.50 $ 4,160.00
8 Class 11 Rip Rap with Fabric 131 SY $ 75.00 $ 9,825.00
9 Tree Removal 16" - 30" 2 EA $ 1,000.00 $ 2,000.00
10 Remove Fence 231 LF $ 4.00 $ 924.00
11 Replace Fence 231 LF $ 7.00 $ 1,617.00
12 Seed & Mulch 0.25 AC $ 1,500.00 $ 375.00
13 Silt Removal 1.33 CY $ 18.00 $ 23.94
14 Stone base for Rip Rap 32 TN S 22.00 $ 704.00
$ 24,069.94
Mobilization/Demob ilization $ 1,203.50
Contingen cy / Eng. Costs $ 3,610.49
Work on City Right- of-Way $ 936.00
Sub-Total $ 29,819.93
Total Pr oject Cost $ 29,600.00
Note: For "Work on Private Property Costs," all items qualify for 66.67% City 33.33%
property owner cost share.
JAN. -05' 0d (NION) 08:3 7 TEL:[phone] N. 008
Area Behind 9212 Dakins Court
Heathrow Homeowner's Association, Inc. Pin # 1728.13 14 1043
Preliminary Cost Estimate - Severe Erosion
Dakins Court Cost Share Breakdown
Work on City Right-of-Way $ 936.00
City Cost Share Amount $ 20,000.00
Sub-Total $ 20,936.00
Total City Cost Share $ 20,900.00
Property Owner Cost Share $ 9,800.00
10% Down of Property Owner Cost Share $ 980.00
Total Amount Finance x 10 Years $ 8,820.00
Approximate Yearly Payment $ 1,196.36
Note: "Total City Cost Share" and "Property Owner Cost Share" have been rounded to the
nearest hundred dollars for the purpose of this preliminary cost estimate.
C?
m

JAN. -05' 04 (MON) 08:37
March 12, 2003
MEMORANDUM
TO: H. Daniel Bowden, P. E.
Manager
Central Engineering Department
Stotmwater Management Division
FROM: James K. Leumas, P. E.
Stormwater Services Engineer
Central Engineering Department
Stormwater Management Division
TEL:[phone]
RE: Site Investigation of Tributary to Perry Creek
Along City of Raleigh Parks and Recreation Department Greenway
Between Cub Trail and Camp Durant Park Entrance Road
Off Durant Road
On February 20, 2003 Victor Lebsock, Greenway Planner, with the Parks and Recreation
Department, performed a site investigation of the tributary to Perry Creek south of Durant Road
from Cub Trail to the Camp Durant Park Entrance Road off Durant Road. The purpose of the site
investigation was to evaluate the condition of the stream channel as it related to erosion along the
crock banks. We also looked at culvert crossings of the asphalt greenway trail to discern whether
remedial or maintenance actions would be required for the culvert crossings.
Observations determined that this reach of stream channel is experiencing some of the
characteristics of channel modification as a result of the urbanization of the watershed. There
were, however, only a few select areas where severe erosion was observed. The stream reach
between Cub Trail and Camp Durant Park Entrance Road would likely not qualify for Wetland
Restoration Program (WRP) funding because there is an insufficient length of severely eroded
channel to meet the North Carolina Division of Water Quality criteria for WRP funding. Areas
on private property that are not affecting the Parks and Recreation Department greenway trail and
area experiencing severe streambank erosion may qualify for cost-share assistance through the
City Storm Drainage Policy.
The areas of severe erosion that were observed were predominantly in the vicinity of the
greenway trail and could be stabilized by the Parks and Recreation Department where it might
affect the greenway trail. The majority of the length of the stream channel in the reach
investigated was relatively stable and reflected a typical eastern Piedmont urban stream.
Please advise if I may be of further assistance.
JKL/
cc: Victor Lebsock
12/22/03 MON 14:13 FAY 9197132449 MMI-RALEIGH U001
taco Healthcare
r3al/lackrodt
Facsimile Communication
To: John DorneyBob Zarzecki
Company: 401 Water Quality Certification Program
Fax Number: 919-733-6893
Date: 12/22/2003
Number of Pages (including cover sheet): 7
0 For your information
? Please respond
? Urgent
? Confidential
Engineering
Kevin W. White, PE
Engineering Manager
Tyco / healthcare ; Mallinckrodt
8800 Durart Road
Raleigh, North Carolina 27616
Telephone [phone]
Facsimile 919-713.2449
Email I*cvin.}?'7itcfi Cuhe llhgjmf ..;oni
Raleigh, NC
Comments:
Please see the attached letter and information regarding DWQ ;# 03-1441 for the Heathrow
Stream Buffer Project. This fax serves as preliminary notice that we are working to comply
with the information requested and further pursue this project. Additional copies (7) of the
attached information will be provided via postal service and a revised drawing of suitable scale
will be enclosed in addition to this material.
If additional information is necessary, please contact me at 919-878-2989.
Regards,
Kevin W. White, PE
President
Heathrow Homeowners Association
12/22/03 NON 14:13 FAX [phone] W11-RALEIGH
tl C"" t ' i,
December 22, 2003
RE: DWQ # 03-1441
Heathrow Stream Buffer Project
Alternate Proposal
NC DENR - Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
To Whom It May Concern:
9200 Dakhs Court
Raleigh. NC 21615
In reply to your request for additional information regarding our application to complete a stream
stabilization project in Wake County, the desired information follows below along with the associated
attachments.
PCN, Section VII. Impact Justification (Avoidance and Minimization)
As stated in the Heathrow Stream Buffer Project Detail letter, this project is the result of an influx of
storm water along the stream bed between the Heathrow common area and homeowners' property.
We are proposing to mitigate erosion along the stream in several areas where the stream is
encroaching on homeowners' property. These areas affect basically one homeowner out of 208 in our
association. Our proposal to stabilize the stream bank in only two areas is a result of several factors.
First, acting as a Homeowners Association we have minimal resources to apply to such a project.
Therefore, vie are trying to alleviate the problem in the most cost efficient manner as possible. Second,
there is only one homeowner that is especially concerned about the erosion along the streambed in
regards to its effect on their property. The other neighboring homeowners do not consider the erosion a
threat, nor do they desire modifications to their property or property adjacent for mitigation of the
erosion. Third, the location of the erosion is virtually unseen from the aspect of the community and has
little use or access. Which leads to the next factor, access to the affected areas is limited. A large
project or complete restoration of the stream would require the use of heavy machinery and equipment,
which would severely impact surrounding neighbors properties as their properties would be used for
access to the stream.
Finally, it is believed that the ultimate resolution to the problem along the stream will not be served as a
part of this project but will ultimately require additional patches and repairs in the future along this area
or others downstream. The City of Raleigh should be required to help facilitate a stream buffer and
retention pond to help alleviate the influx of stormwater along the stream due to the buildup of
developments, roads and shopping centers in the area.
PCN, Soction X. Proposed Impacts on Riparian and Watershed Suffers (required by DWQ)
Project will impact protected riparian buffer within 15A NCAC 29.0233 (Neuse).
Yes W No r-
Zone' Impact (square feet Multiplier Required Utigation
1 300 3 900
2 NA 1.5 NA
Total 300 900
U002
'Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20
feet from the edge of Zone 1.
12/22/03 MON 14:14 FAX [phone] MMI-RALEIGII
Buffer mitigation: Payment to the Riparian Buffer Restoration Fund the sum of $864.00 (900 x
$0.961sq. ft.).
Stream Buffer Proposal 2:
Overall, we are willing to work with the DWQ to construct a viable impact that serves as an
environmentally friendly yet self-sustaining mechanism to improve the stream's bank stability at the
proposed areas. Thus, we propose the following alternative to our initial hardened rip rap proposal.
• Hand grade 2 areas of the stream bank adjacent to the property at 9212 Dakins Court of
approximately 10'x 15' to a 2H:1V grade.
• Apply a small amount of rip rap for a rock toe armor at base of grade where the bank meets
the stream. Approximate rip rap area 15' wide x 2' high. Rip rap to be applied over filter fabric.
• Apply tall fescue grass seed and fertilizer over graded bank.
• Install fiber mesh over seeded graded bank.
• Install live stakes of willow or other tree/shrub (<30 ft in height) with extensive rooting character
and moisture tolerant at a rate of -2 stakes per square yard in a random pattern. Live stakes
will be joint planted within the rock toe then dispersed randomly along the 15 foot sections to 4
feet from the top of the rock toe.
• At the top of the graded bank (15'x 5' section of area), rooted stock of river birch or other tree
(30 - 80 ft in height) with similar rooting character and location desirability. Two (2) of these
taller trees will be planted at each project area.
Note: The rip rap could be omitted, if not desired. It is our belief that the rip rap will assist the vegetation
in taking root and becoming established within the bank.
If you have questions regarding this project or need additional information, please feel free to contact
me at 878-2989.
Sincere) ,
f
Kevin W. White, P. E.
President
Durant Trace (Heathrow) Homeowner's Association
U003
Page 2
12/22/03 MON 14:14 FAX [phone] MMI-RALEIGH U004
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: /
Open Water Impact
Site Number
indicate on ma
Type of Impact; Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

Impacts include, but are not limited to: fill, excavation, dredging,
+ List each impact separately and identify temporary i
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a po is proposed, associated wetland and strcan; impacts should be
included above in th wetlattd and stream impact sections. Also, the proposed pond should
be described here d illustrated on any maps included with this application.
Pond to be ere ed in (check all that apply): ? uplands ? stream ? wetlands
Describe t method of construction (e.g., dani/embankment, excavation, installation of
draw-do n valve or spillway, etc.):
'posed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
al stormwater requirement, etc.):
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 uscftil 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.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0 , I Igation 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.
Page 9 of 12
12/22/03 MON 14:15 FAX [phone] M.111-1ZALEIGII
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state
(federalistate) land? /
Yes ? No ?
U005
or the use of public
If yes, does the project require prepara?tY of an environmental document pursuant to the
requirements of the National or hl i Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure ? er a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5 to review current thresholds for environmental documentation.
Yes El o?
If yes, h ie document review been finalized by the State Clearinghouse? If so, please attach a
cop the NEPA or SEPA final approval letter.
Yes ? No ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply BVIffer Requirements), or other (please identify .0 X31.
Yes 9 No ? If you answered "yes", provide the following information:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 ;3 Jn 3 l?JV
2 N 1.5 N_4
-
Total ?ryp
?l 0 0
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone L extenUS an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
12/22/03 MON 14:15 FAX [phone] MMI-RALEIGH
XI.
U006
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Stormwater (required by DWQ)
De ribe impervious acreage (both existing and proposed) versus total acreage on the site.
Discu stormwater controls proposed in order to protect surface waters and wetlands
downstr from the property.
XII. Sewage Disposal
Clearly detail the ult
wastewater generated
uired by DWQ)
treatment methods and disposition (non-discharge or discharge) of
die proposed project, or available capacity of the subject facility.
XHI. Violations (required by DWQ)
Is this site in violation of DWQ Wetland
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
(15A NCAC 2H .0500) or any Buffer Rules?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application suffice tlyvin advance of desired
construction dates to allow processing time for these permits. Ilo? er, an applicant may
choose to list constraints associated with construction or sequencing that ay impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated wi Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicankcontrol).
12,
V3
pplicant/Agerit's Signature liate'
signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
12/22/03 MC
.5 FAX [phone] WWI-RALEIGH
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\O??F WAT ??QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 11, 2003
DWQ # 03-1441
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Heathrow Homeowner's Association
c/o Pindell-Wilson
Post Office Box 20969
Raleigh, NC 27616
Subject Property: Heathrow Stream Buffer (Durant Trace)
On November 18, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetlands or waters for the purpose of stream stabilization in Wake County. Approval
from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to
the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so
we can begin to determine your projects' compliance with 15A NCAC 2H.0500.
Please complete Sections VII and X on the application.
It appears that impacts to the buffer can be avoided or minimized. Please propose a method other
than hardening of the streambank (such as grading with vegetative planting). The DWQ believes that
the ideal method to stabilize the stream would be an over all stream restoration plan beyond the two .
private areas addressed within your application.
Please telephone Bob Zarzecki at 919-733-9726 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
JRD/bs
cc: Wake DWQ Regional Office
Wake Corps of Engineers
Central Files
File Copy
Kevin White, 9200 Dakins Court, Raleigh, NC 27615
1 R. Dorney
Water Quality er ification Program
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httl2://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
1, C DEtR

Triage Check List
Date: I I. 2_-4 CO Project Name: ?kArmo ? y m ' Pi'1??Q?
DWQ#: _n 3i L4 41
P
7
I
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
RRO Steve Mitchell
From:
County: I N WL
?' WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) 72)3 - q W46 -
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
[] Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
FTAre the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
k 'r n II_ r

V-.
The Ultra-Amazing Standard Additional Conditions Document Version 1 - June 1, 2003
The blue wording is for your instruction and edification (i.e. don't put this in the approval, ok?). The red wording is optional lingo (don't forget to change
the color to black if used or to delete if not used). Also, please change the dollar signs to the appropriate number in the final document. The little gray
boxes need to be filled with the appropriate information. Please note the handy dandy titles that Bob inadvertently came up with should be used...
Impacts should be specifically listed and specifically referenced. This is necessary to ensure that only the impacts approved are conducted and that if
any impacts beyond those specifically approved occur it will be easier to enforce the 401 Cert./Isolated Wetland Permit/Buffer Approval. Taking this
extra bit of time now saves headaches later.
$$) Impacts Approved
? The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are
approved including incidental impacts:
Amount A roved Units Plan Location or Reference
Stream feet C..
404/CAMA Wetlands acres
Waters acres
Buffers (square ft.
Mitigation may be necessary when mitigation thresholds are exceeded or when certain buffer impacts are conducted. The USACE may require
mitigation in certain circumstances that are below our threshold requirements or for the impounded portion of streams for instance when DWQ does
not. In those cases we cannot require mitigation. However, when DWQ does require mitigation it is recommended that our requirements be similar to
the USACE's. For streams it is anticipated that DWQ will follow the USACE's Stream Mitigation Guidelines. For wetlands we typically require at least
1:1 restoration or creation. The following condition can apply to applicants that propose on site mitigation such as stream relocation where the
relocation will meet the definition of stream restoration (i.e. the activity will mitigate for its own impacts). Remember to apply the ratios to the amount
of mitigation required.
? Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. A final compensatory mitigation plan must be approved
in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be
completely constructed and implemented according to the plans approved by this Office before any permanent building [road] associated
with the project is occupied [is opened]. The mitigation must be maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Any repairs or adjustments to the mitigation site must be made according to the
approved plan or must receive written approval from this Office to make the repairs or adjustments.
Compensatory Mitigation Required
Stream feet
Wetlands acres
Waters acres
Buffers (square feet
The following are recommended in addition to the above when on site stream mitigation, relocation or restoration is proposed:
? Stream Relocation (Mitigation) with Approved Plans
The stream and buffer relocation must be constructed, maintained, and monitored according to the approved plans in the application and
application modifications. Any repairs or adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to make the repairs or adjustments.
? In order for this project to be used as compensatory mitigation for other specific projects you must obtain written approval from this Office. The
request should include the amount of stream length and buffer area credit requested for accounting purposes. Please specify DWQ project
No. when making your request.
? Stream Relocation/Stabilization (Mitigation) that Require Additional Approved Plans
? Include bold line material
Before any of the impacts authorized in this Certification occur, you must provide and receive written approval from this Office for a final
stream relocation and/or stabilization plan. The plan must include designs and specifications that meet the definition of stream restoration (or
enhancement in no relocation is proposed) according to the latest version of the internal Technical Guide for Stream Work in North Carolina
(available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.htm]). The stream and buffer relocation must be constructed, maintained, and
monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved
plans or must receive written approval from this Office to make the repairs or adjustments. The relocated stream must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans.
The following mitigation condition can be applied when the applicant has proposed and received approval to use the WRP, EEP, or
mitigation bank- Obviously you will have to change references to the WRP If the EEP or a mitigation bank is used.
? Compensatory Mitigation Using the Wetlands Restoration Program (WRP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a
fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This has been determined by the
'Nq.
DWQ to be a suitable method to meet the mitigation requirement. This contribution will satisfy our compensatory mitigation requirements.
Until the W RP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this
Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning payment
into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment Into the Riparian Buffer Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation Required River and Subbasin Number
Stream feet
Wetlands acres
Waters acres
Buffers (square feet
The following condition is recommended when a stormwater management plan is required. This typically applies to projects that are over
30% Impervious or have concentrated areas of development vgthin a project that are over 30% Impervious. It Is recommended that the need
for a stormwater management plar?bli-btt5 bllt icb'pfibr?.to A96rrig any approvals. The applicagt should also demonstrate that there are
adequate space allotted for the proposed BMP and that a BMP appropriate to the stream classification Is used (I.e. wetlands, pond with
forested filter strip, or bioretention in sensitive watersheds per the GC's).
? Written Stormwater Management Plan (Final Plan Needed)
An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance
Agreement) shall be approved In writing by this Office before the impacts specified in this Certification occur per Condition No. in GC
No. . The stormwater management plan must include plans and specifications for stormwater management facilities that are
appropriate for surface waters classified as and designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. 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.
? (Optional Paragraphs)
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the impervious area of the entire,
built-out project shall be less than 30% and that there are no areas of concentrated impervious area over 30% within the project such as, but
not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc.
There shall be no direct discharges to streams from fairways, tee areas, or greens.
A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition.
? Written Stormwater Management Plan (No Further Approval Needed)
? Include bold line material
The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) dated
, must be Implemented and the stormwater management facilities shall be constructed and operational before any permanent building
is occupied at the subject site. 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.
The following conditions can be used In any situation where diffuse flow Is required through protected buffers. The first condition can be
used for projects that have adequately addressed this issue as part of the application process. The second can be used when the Issue Is
not well addressed.
? Diffuse Flow (No Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B
.02 (5). If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may
require additional approval from this Office.
? Diffuse Flow (Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-erosive
velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to provide
stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to
this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and
calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved.
The following are typical conditions added to all approvals unless it does not make sense to add it:
? 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.
? Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to
assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at httpJ/h2o.enr.state.nc.us/ncwetlands.
? Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross
sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction Is complete or within 6 months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the
maintenance areas of permanent utility crossings) and restored to prevent erosion; If the crossings are not completely removed and restored
as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition.
The following are conditions to place specific requirements In areas with protected buffers:
Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization
shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the buffer, wetland or water prior to
any land disturbing activities to ensure compliance with 15A NCAC 213 and GC
? Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are
removed, forested vegetation shall be re-established within the construction access or other temporary Impact area occurring in the protected
buffer zone within the next growing season following construction of the project;
The following are additional conditions for additional sediment and erosion control practices:
? Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be adhered to throughout the life
of this project.
? NC DOT Sensitive Watershed Erosion and Sediment Control Practices
Sediment and erosion control measures shall adhero to the design standards for sensitive watersheds [15A NCAC 46 .0024]; see NCDOT
publication, Best Management Practices for the Protection of Surface Waters (March 1997);
? Turbidity Standard
The turbidity standard of NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200.
Appropriate sediment and erosion control practices must be used to meet this standard.
The following are various special conditions for additional protection of various resources. They can be tweaked to meet specific
circumstances:
? Culvert Installation
The 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) are to be maintained above and below locations of each
culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If
any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.
The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s).
Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) are to be maintained above and below
locations of each culvert. As such, it is required that you provide the plans with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is
Installed. The culvert(s) must be installed according to the approved plans.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the
Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or
flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when
all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream
of each culvert site to document correct installation along with the Certificate of Completion form.
? Minimum Release
Before any of the impacts approved in the Certification are conducted you must submit, and obtain written approval by this Office for, a
minimum water release plan. The plan must include a written explanation of the specific discharge rate and means for each required release.
The plan must also include any design specifications, details and calculations to show that the release shall be achieved in the given
conditions. The plan shall also include monitoring that ensures compliance. The plan and any associated facilities, once approved, must be in
place and implemented upon the completion of
? Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA approved SPCC plan to this Office before the
fueling facilities are constructed.
A completed "Division of Water Quality Use Attainability Analysis for Proposed Marina Projects in Class SA Waters" document must be
provided to and must receive written approval from the Regional Office before construction of the proposed project may begin.
(Buffer Rules Option) A fifty foot vegetated buffer must be established and maintained around the new perimeter of marina basin.
? "Re-opener" Clause
Continuing Compliance. shall conduct its activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify
this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify and the US Army Corps of Engineers provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
The following are good for projects approved under GC 3399 (NW 27 and 13):
? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (no fee paid - no written approval needed)
Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and
that no written approval is required in order to construct the above project. If the project design changes or if the project is not constructed
according to the design then the above provision is no longer valid and the plans must be resubmitted per GC 3353. If the project Is to be
used for compensatory mitigation or compensatory mitigation credit in the future then additional written concurrence is required and a full
application and application fee must be submitted to this Office for written approval. Please be advised that if this Office has not reviewed the
proposed reference site or the construction site before construction begins it may be impossible to determine whether or not mitigation credit
can be awarded. Also, additional information shall be required to complete a review for compensatory mitigation purposes. The Division of
Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT) established by the U.S. Army Corps of Engineers.
DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for compensatory mitigation banking credit for the State as
long as the proper 401 Water Quality Certification approvals have been obtained. Please be advised that the additional information may
require that the project be redesigned and/or that the project not be used for compensatory mitigation credit.
? Standard Condition for Stream and Wetland Projects Approved Under GC 3399 (fee paid - written approval required)
Based on the information provided this Office considers that all of the conditions of General Certification (GC) No. 3353 have been met and
that no additional written approval is required in order to construct the above project. If the project design changes or if the project is not
constructed according to the design then the approval is no longer valid and the plans must be resubmitted per GC 3353. If the project is to
be used for compensatory mitigation credit in the future then additional written concurrence by this Office is required. Please be advised that
if this Office has not reviewed the proposed reference site or the construction site before construction begins it may be impossible to
determine whether or not mitigation credit can be awarded. Also, additional information may be required to complete a review for
compensatory mitigation purposes. The Division of Water Quality (DWQ) is a participant in the Mitigation Banking Review Team (MBRT)
established by the U.S. Army Corps of Engineers. DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for
compensatory mitigation banking credit for the State as long as the proper 401 Water Quality Certification approvals have been obtained.
Please be advised that the additional information may require that the project be redesigned and/or that the project not be used for
compensatory mitigation credit.
Po Box 20969
f J 7 Raleigh, NC 27619
1
November 6, 2003
RE: Heathrow Stream Buffer Project - PCN
NC Department of Environmental and Natural Resources
Division of Water Quality- Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
To Whom It May Concern:
WETLANDS 14P! r? rzr,1p
NOV i i r')
WATER QUALITY SECTION
Please see the attached Pre-Construction Notice (PCN) for the Heathrow Stream Buffer project. This
work will be completed to stabilize the proposed stream banks and deter further erosion. Payment of
any required fees should be taken from the check previously written and attached to the Stormwater
Management Application for this project. If these funds will not transfer, please notify me and additional
monies will be appropriated.
Also attached is an excerpt from the Heathrow Homeowner's Association Bylaws regarding duties of
the President and right to sign written instruments such as this.
If you have questions regarding this project or need additional information, please feel free to contact
me at 878-2989. Additional contact information for the Association can also be obtained through Tate
Cotton c% Pindell-Wilson Property Management at 676-4008.
Sincerely,
fKevin W. White, P.E.
President
Durant Trace (Heathrow) Homeowner's Association
O,
WETLANDS/ 401 GROUP
NO V I ()
`' 2003
NA TER YSL Sri
ON
? ?I

BYLAWS
OF
HEATHROW HOMEOWNER'S ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is Heathrow Homeowner's
Association, Inc. The principal office of the corporation shall be -
located at 4900 Falls of Neuse Road, Suite 210, Raleigh, North
Carolina 27609, but meetings of Members and Directors may be held
at such places within the State of North Carolina, County of Wake,
as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. "Declaration" shall mean that certain Declaration
of Covenants, Conditions and Restrictions for Heathrow recorded at
Book , Page , Wake County Registry.
Section 2. The terms defined in Article I of the Declaration
shall have the same meanings as set forth therein in these Bylaws.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meeting, The first annual meeting of the
Members shall be held within one year from the date of
incorporation of the Association for the purpose of transacting any
business authorized to be transacted by the Members. Each
subsequent regular meeting of the members shall be held in the same
month of each year thereafter unless a different date is fixed by
the Board of Directors.
Section 2. Special Meetings. Special meetings of the Members
may be called at any time by the president or by the Board of
Directors, or upon written request of the Members who are entitled
to vote one-fourth (1/4) of all of the votes of the Class A
membership.
Section 3. Notice of Meetings. Written notice of each meeting
of the Members shall be given by, or at the direction of, the
secretary or person authorized to call the meeting, by mailing a
copy of such notice, postage prepaid, not less than seven (7) days
nor more than sixty (60) days, unless otherwise stated in the
Declaration or Articles of Incorporation, before
(a) The president shall preside at all meetings of the Board
of Directors; shall see that orders and resolutions of the Board
are carried out; shall sign all leases, mortgages, deeds of trust,
deeds and other written instruments and shall co-sign all checks
and promissory notes.
(b) The vice-president shall act in the place and stead of the
president in the event of his absence, inability or refusal to act,
and shall exercise and discharge such other duties as may be
required of him by the Board.
Secretary
(c) The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the Members:
keep the corporate seal of the Association and affix it on all
papers requiring said seal; serve notice of meetings of the Board
and of the Members; keep appropriate current records showing the
Members of the Association together with their addresses, and shall
perform such other duties as required by the Board.
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse such
funds as directed by resolution of the Board of Directors; shall
sign all checks and promissory notes of the Association; keep
proper books of account; cause an annual audit of the Association
books to be made by a certified independent public accountant at
the completion of each fiscal year; and shall prepare an annual
budget and a statement of income and expenditures to be presented
to the membership at its regular annual meeting, and deliver a copy
of each to the Members.
ARTICLE IX
COMMITTEES
The Board of Directors may appoint an architectural committee
as provided in the Declaration, and the Association shall appoint
a Nominating Committee as provided in these Bylaws. In addition,
the Board of Directors shall appoint other committees as deemed
appropriate in carrying out its purpose.
Office Use Only' .? Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tnis project, please enter INOt Appucaoie or iN/A -)
1. Processing
1. Check all of the approval(s) requested for this prole
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
II. Applicant Information
1.
Owner/Applicant
Name:
Mailing Address:
Telephone Number:
E-mail Address: '
00 % Fax Number:
ND(-,t.I -W
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent as si natory authority for the owner/applicant.)
Name:?ey [NJ k( l+tn= WETLANDS 1401 GROUP
Company Affiliation: ?s\Je-N i
Mailing Address: 9--7 oo LAktN< C- NOV 1 8 2003
4L
v,;A,QIAI ITVSFCTI N
Telephone Number: ? 11- G6 - y (9? Fax Number:_
E-mail Address: ki v? N W W N t S o,4? , Nt
Paae 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: NLA i o W i 1 ? ?•FS-t=J2
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): I a2 %1 y 101A3
4. Location
County: w Ak e Nearest Town: KP?LF-k tol+
Subdivision name (include phase/lot number): i'1F ?1lIZOw I11A2A.1,7 a 96:9E)
Directions to site (include road numbers, landmarks, etc.): iraa M "S-1 Nori-+-1+i L?r e?4
?LaA., '24 A-0 ?:v ^-Z tA%LG5 Lr o N Gu43 TYZA% - Pl?R. 0 . L tn?? rc . L Fi o 1
ik.1?1 t? 1Lkk.,r Ro A? ,,.2 0.2 Mu,E . Lt? nr- ?? ? ?r`CW t Gi. ?.FA l ?tt,?.?ri ,. t?.E?tin 9212 .
5. Site coordinates, if available (UTM or Lat/Long): 07 . 35 ° S4 14 LONG, '' "29_w
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.9 2-
7. Nearest body of water (stream/river/sound/ocean/lake): UNNA?n-r_? -Malt Ap_H? C-AR. X EL .S1_.
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: _,!Z ?-nQzWwf Com*,*,, WA C- I-}W
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
AkA is 6RADe- Z Nu t-S EA- ^-10' x S' At?,?y 11?.?k o c= S71ZcaM o
'SoIL- FAA?JQI q n,? ctksS tt stn ?AA ", l?3 ctA- yoT/ \
??? SCR-R?u? ??FM ? 1LJn. t-?T.Jt? ?.?aSton! . _ J
11. Explain the purpose of the proposed work:
R A--1e- Tn STa?0. ??t A41 A ? -? JZ +tit ? L?12 ? ? 11 ??t o dF
?ni i D ?,t,1L?ouiv.D?N(4 ? N? l4 t4??uc. 1?lL?t'F-I???4
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N I A-
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.
L((,L
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Paje 7 of 12
1. Provide a written description of the proposed impacts:
wf A-
2. Individually list wetland impacts below:
Wetland Impact
Site Numbcr
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(cs/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fcml.i!ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )

N

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

/I/ Ar

k List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
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.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
N??
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):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require nts), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
0.001 4C2.,_ (QkA W_cuss ?U? ot- 2,9Z A pa r,. u o Mum At,
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit pplication?
Yes ? No
XIV. 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).
0 03
Applicant/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pan 12 of 12
ASeptember 15, 2003

RE: Heathrow Stream Buffer Project - 401 Permit
NC Division of Water Quality
Wetlands Unit
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604
To Whom It May Concern:
9200 Dakins Court
Raleigh, NC 27615
The Heathrow Stream Buffer project is the result of an influx of storm water along the Simms Branch
stream bed. As storm water has increased in recent years the stream has begun to erode severely and
eat away at its banks. This project is to reinforce two 150 square feet areas along the stream, which lie
adjacent to a homeowner's property at 9212 Dakins Court, Raleigh, NC. As the banks erode the
stream is encroaching on the homeowner's property from the Heathrow Homeowner's Association's
common area. Therefore, we propose this project to deter further erosion into the homeowner's lot.
Refer to the "Heathrow Stream Buffer" drawing, Details 'A' and 'B,' for plans and further details of the
project. Specifications of the project are:
• Hand grade approximately two 15 linear feet sections of the stream bed to approximately a 2:1
ratio of bank incline. (i.e. The current bank is --5 feet deep, therefore the bank will be graded
-10 feet back from the current edge.)
• Install fabric over the graded banks.
• Install Class II Rip Rap over fabric.
This work will be completed to stabilize the propose stream banks and deter further erosion. It will not
modify the current path of the stream.
If you have questions regarding this project or need additional information, please feel free to contact
me at 878-2989.
Sincerely,
GV, vI
/,7-
Kevin W. White, P.E.
President
Durant Trace (Heathrow) Homeowner's Association
http://infospace. mapquest.conVmgmapgend
Page t of 1
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Office Use Only: 'J 1 ` u i May Form Version Ma 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter tvo[ Appttcao[e or N/A .)
I. Processing
1. Check all of the approval(s) requested for this probe
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information
1. Owner/Applicant In1
Name: E
Mailing Address:_
Telephone Number:
E-mail Address:
00% Fax Number: R I9- U--? lO -112
2. Agent/Consultant Information (A signed and dated copy of the Agent AuthQ i ? }
must be attached if the Agent as signatory authority for the owner/appNEJ,6Name• stn=
Company Affiliation: 1?1?SvIJ i NOV
Mailing Address: N C-1v C_ "1-4401 ti v, ATPR 00AUTY SEGINI
Telephone Number: 2 11- ?) 46 - 14 o Fax Number: T 9 - -413
E-mail Address: ?e v j N W W N '&e%_L5 o,..% , N5 i
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Np==oW SiYZ-F 1?.t=c-rJ2
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1:-Z % I L\ 1 Dy 3
4. Location
County: W AY_ e Nearest Town: LE-k kcii-
Subdivision name (include phase/lot number): - 0W I?uQA.?..T ?
Directions to site (include road numbers, landmarks, etc.): t2v rn US-1 N o2'u , L r c A
?v(LA+?I 1?A?? ?o{L ^-Z M%V.S . L O N C.u3 TYZ.A%- 1;2 0.1 rA%VC _ 1_F F: o,J
i VI. 4,1 tej1L?'-?, r 20 At?. - ,/1_ D.t miLx_ . I 1=??- .?u t14k?N < e- AZGA 7J ? 11?A,A
5. Site coordinates, if available (UTM or Lat/Long): LP i . 35 ° S'y t? LONE, _' "3SW
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1 .9 2-
7. Nearest body of water (stream/river/sound/ocean/lake): UNN/Anf-? -MaLtv4Z. ?EAn AEkk41=
8. River Basin: N t?A S r'_-
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
at the time of this application: 2F.? Vt,, .,,N ?T1?Ra4?.Ft ComA-,. W-A
Q.IAJ
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
"A#jtN 6RADF- 2 4lZt.+k-s , a4-G4 ^- i o' x ? IT ', A-ta?/V A ti a k o t= 5712
/-"L: 1 WZAdE _ ?rvcil0.t t_ 'Colt. F?OAI?tL "N CIhSS 0 KtP 1G4P f A- 13 C%A. qb /
is S ? R-?\t? ? .Fhc T -R ?M t?+tll.J?,? ?.?aS 1 o n! .
11. Explain the purpose of the proposed work: IZ. ?,..t-s2?? F?u+? 5$?u? ?=
R?..•1? -rv S?t?.?3t???t= A-,rn
?N; v ??,Itl?OUNDNV? /rv?IC.FcJ3.>2t?,c.
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.
K?A-
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.
1,1 c
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 7 of 12
1. Provide a written description of the proposed impacts:
14f A-
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
t00-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland**'k

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femi.zov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )

WIA-

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.rov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tot)zonc.com,
www.mapgtiest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
A"
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
f,llk
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
/ IA-
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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):
114)A
Pa-e 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require nts), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
Page 1l of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
v[A-
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
0.00t Ae_,7,F_ 1?,1 A?kr? f Q%A WAP-lust iir 1 ot- 2.52 A?-2%S • ? o Abum r!At,_
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No [v?
Is this an after-the-fact permit pplication?
Yes ? No Q?
XIV. 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).

oaf/o
Applicant/Agent's Signature J Dtate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

September 15, 2003
RE: Heathrow Stream Buffer Project - 401 Permit
NC Division of Water Quality
Wetlands Unit
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604
To Whom It May Concern:
9200 Dakins Court
Raleigh, NC 27615
The Heathrow Stream Buffer project is the result of an influx of storm water along the Simms Branch
stream bed. As storm water has increased in recent years the stream has begun to erode severely and
eat away at its banks. This project is to reinforce two 150 square feet areas along the stream, which lie
adjacent to a homeowner's property at 9212 Dakins Court, Raleigh, NC. As the banks erode the
stream is encroaching on the homeowner's property from the Heathrow Homeowners Association's
common area. Therefore, we propose this project to deter further erosion into the homeowner's lot.
Refer to the "Heathrow Stream Buffer" drawing, Details 'A' and 'B,' for plans and further details of the
project. Specifications of the project are:
• Hand grade approximately two 15 linear feet sections of the stream bed to approximately a 2:1
ratio of bank incline. (i.e. The current bank is -5 feet deep, therefore the bank will be graded
-10 feet back from the current edge.)
• Install fabric over the graded banks.
• Install Class II Rip Rap over fabric.
This work will be completed to stabilize the propose stream banks and deter further erosion. It will not
modify the current path of the stream.
If you have questions regarding this project or need additional information, please feel free to contact
me at 878-2989.
Sincerely,
GUS%.??'
` Kevin W. White, P.E.
President
Durant Trace (Heathrow) Homeowner's Association
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63 I'1`i 1
Plan Detail Incomplete
Date R Lq / G3
Who Reviewed: 3 Z_%_1h11e `fJL 4
SO-
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater,management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
X---Please complete Section(s) on the application. 3
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.

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