20190999 Ver 1_PCN Form Submission_20190725

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02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190999
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office - [phone] Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
Atwater
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/25/2019
Nearest Body of Water
Northeast Creek, 16-41-1-17-(0.3)
Basin
Cape Fear
Water Classification
WS-V;NSW
Site Coordinates
Latitude:
35.9480
A. Processing Information
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
Longitude:
-78.8664
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
18 -SCM fill
1d. Type(s) of approval sought from the DWR:
rJ 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r" Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R Owner FT Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Teague Hankins Development Corp.
2b. Deed book and page no.:
4502, 666
2c. Responsible party:
Tom Hankins
2d. Address
Street Address
8368 Six Forks Rd
Address Line 2
Suite 202
CKY
Raleigh
Postal / Zip Olde
27615
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
State / Rwince / Fegion
NC
Country
United States
2f. Fax Number:
r Yes r No
ryes r No

Jay C. Lewis
3b. Business Name:
Dan Ryan Builders -North Carolina, LLC
3c.Address
Street Address
3000 RDU Center Drive, Ste. 202
Address Line 2
City
Morrisville
Postal / Zip Code
27560
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Durham, NC
2. Project Identification
2a. Property Identification Number:
0830-01-90-4111
2c. Project Address
Street Address
1443 Ellis Rd
Address Line 2
City
Durham
Postal / Zip Cade
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Northeast Creek, 16-41-1-17-(0.3)
3b. Water Resources Classification of nearest receiving water:*
WS-V;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12 -digit HUC in which the project is located.
030300020605
4. Project Description and History
State / Rovince / Fbgion
NC
Country
United States
3e. Fax Number:
2b. Property size:
15.5
State / Rovince / Flegion
NC
Country
United States
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Ebsting conditions on the site consist of a wooded parcel with a residential structure and a gravel driveway, a Duke Power overhead utility line and easement and sanitary sewer line
and easement bisecting the property. A perennial stream also bisects the property with an intermittent tributary flowing into the perennial stream from the east. Additionally, there is a
bottomland hardwood forest wetland located on the southern property boundary and a non -jurisdictional pond in high ground adjacent to Ellis Road. General land use in the vicinity of
the project consists of forested and residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes F No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
230.95KB
4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
SS.pdf 413.48KB
4f. List the total estimated acreage of all existing wetlands on the property:

Approximately 0. 11 acres
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 1,293 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide access and storrrmater treatment for a residential subdivision.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of roadway infrastructure, residential lots, and stormwater control measures. Specifically, there is one stream impact for a road crossing,
and one wetland impact for road fill and a stormwater treatment facility. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders,
pavers, etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
C17162 -Environmental Impact Exhibits_07242019.pdf 2.22MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No 4 Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW -2013-02002
Sc. If 5a is yes, who delineated the jurisdictional areas?
........... ......
Name (if known): Steven Ball
Agency/Consultant Company: Soil & Environmental Consultants, PA
Other: Sarah Menser w/Soil Services, PLLC conducted the Durham E/VP
field site visit
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: Site visit conducted with Ross Sullivan on Jan. 26, 2018; Preliminary JD & Approved JD issued June 11, 2018; City of Durham: Bill Hailey with the City of Durham conducted a
Ephemeral/Intermittent/Perennial Determination for 1443 Ellis Road -COD Jordan #2013-011.
5d1. Jurisdictional determination upload
SAW -2013-02002 Approved and Preliminary JD.pdf 1.44MB
COD Jordan # 2013-011 Stream Determination - 1443 Ellis Road.pdf 4.17MB
6. Future Project Plans
6a. Is this a phased project?*
F Yes d No
7b. If yes, explain.
The project is split into 2 phases. Phase 1 is all of the construction to the west of the stream and phase 2 is all of the construction east of the stream including the stream impacts. Both
phases will be constructed simultaneously and the phasing is related to selling units only.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
To my knowledge, there are no other NWP's, Regional General Permits, or Individual Permits to be used or intended to be used beyond what is being requested within this application.
D. Proposed Impacts Inventory U
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
m Wetlands 12 Streams -tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
2a1 Reason(?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition * M area*
Impact B1 Road Fill P Bottomland Hardwood Forest W1 Yes Both 0.048
(acres)
ffT
M Drainage Pipe P Bottomland Hardwood Forest W1 f=fo th
0.033
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.081
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.081
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
108
3i. Total stream and ditch impacts:
173
3j. Comments:
31. Total temporary stream impacts:
65
Temporary stream impacts will be brought back to pre -construction stream bed elevation and stream banks will be stabilized.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Jordan Lake Watershed Buffer evaluation for the entire property in order to identify natural resources so
that impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include one (1) road crossings, one (1) wetland
impact area. Impact A is a proposed road crossing necessary for access to the east side of the property. Proposed impacts include permanent and
temporary perennial stream impacts. Stream impacts have been minimized by utilizing head walls and wing walls. Two (2) box culverts are proposed to
accommodate flows, one box culvert will be buried by 1 ft. below the existing stream bed for aquatic life passage. Temporary stream impacts are
necessary for construction activities. A coffer dam and pump around will be utilized during installation of the culvert. Impact 131 is proposed fill
necessary for road construction. Proposed impacts include permanent wetland FII. This impact is necessary because the road is required to be
elevated above the 100 -year flood elevation. This road is the only point of ingress/egress for the units on the east side of the development and if the
road over topped with flood waters there would be no emergency vehicle access. Impact B2 is necessary for a Stormwater Control Measure (SCM)
dam and discharge. Proposed impacts include permanent wetland fill. This proposed SCM (i.e. stormwater pond) is sized to capture and treat the
eastern drainage area. The dam for the pond extends into the wetland, the City of Durham does not allow retaining walls to be a part of a SCM dam.
The proximity of the pond to the roadway fill does not allow the roadway to be held up by a retaining wall since the embankment is part of the SCM
dam. Additionally, a 6" PVC pipe will be added to allow for wetland recharge.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Coffer dam and pump around will be used for the temporary stream diversion. Additional E&S measures will be utilized throughout the site plan and will
be approved by Durham.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r' Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed permanent stream loss does not exceed 150 linear feet, and the proposed permanent wetland loss does not exceed 0.10 acres. Impacts have been minimized with the
use of head walls and retaining walls. II through the review of this application compensatory mitigation is required by the USACE, the applicant would utilize a private mitigation bank or
the NCDMS.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type;W3f.
Type of
3g. S. width*]
3h. Impact
F
(?)
Jurisdiction*
length*
S7
Impact A -Road Crossin
P 9
Permanent
Culvert
Ui to Northeast Creek
Perennial
Both
22
90
Average (feet)
(Fr�rfeet)
g2
Impact A -Road Crossing
Temporary
Other
Ur to Northeast Creek
Perennial
Both
18
65
(Construction Access)
Avenge (feet)
(linear feet)
9 RipRap
oad Crossin Ri Ra
Permanent
Bank Stabilization
Ur to Northeast Creek
Perennial
Both��f
Average (Feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
108
3i. Total stream and ditch impacts:
173
3j. Comments:
31. Total temporary stream impacts:
65
Temporary stream impacts will be brought back to pre -construction stream bed elevation and stream banks will be stabilized.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland delineation and Jordan Lake Watershed Buffer evaluation for the entire property in order to identify natural resources so
that impacts could be avoided & minimized to the maximum extent practicable. Proposed impacts include one (1) road crossings, one (1) wetland
impact area. Impact A is a proposed road crossing necessary for access to the east side of the property. Proposed impacts include permanent and
temporary perennial stream impacts. Stream impacts have been minimized by utilizing head walls and wing walls. Two (2) box culverts are proposed to
accommodate flows, one box culvert will be buried by 1 ft. below the existing stream bed for aquatic life passage. Temporary stream impacts are
necessary for construction activities. A coffer dam and pump around will be utilized during installation of the culvert. Impact 131 is proposed fill
necessary for road construction. Proposed impacts include permanent wetland FII. This impact is necessary because the road is required to be
elevated above the 100 -year flood elevation. This road is the only point of ingress/egress for the units on the east side of the development and if the
road over topped with flood waters there would be no emergency vehicle access. Impact B2 is necessary for a Stormwater Control Measure (SCM)
dam and discharge. Proposed impacts include permanent wetland fill. This proposed SCM (i.e. stormwater pond) is sized to capture and treat the
eastern drainage area. The dam for the pond extends into the wetland, the City of Durham does not allow retaining walls to be a part of a SCM dam.
The proximity of the pond to the roadway fill does not allow the roadway to be held up by a retaining wall since the embankment is part of the SCM
dam. Additionally, a 6" PVC pipe will be added to allow for wetland recharge.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Coffer dam and pump around will be used for the temporary stream diversion. Additional E&S measures will be utilized throughout the site plan and will
be approved by Durham.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r' Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed permanent stream loss does not exceed 150 linear feet, and the proposed permanent wetland loss does not exceed 0.10 acres. Impacts have been minimized with the
use of head walls and retaining walls. II through the review of this application compensatory mitigation is required by the USACE, the applicant would utilize a private mitigation bank or
the NCDMS.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?

F- Level Spreader
F_ Vegetated Conveyance (lower SHWT)
F- Wetland Swale (higher SHWT)
W Other SCM that removes minimum 30% nitrogen
r Proposed project will not create concentrated stormwater flowthrough the buffer
Diffuse Flow Documentation
Post Development Drainage Area Map.pdf
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
667.82KB
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
V Local Government r State
Local Government Stormwater Programs
P Phase II R NSW r USMP P Water Supply
Please identify which local government stormwater program you are using.
City of Durham
Comments:
Wet ponds with controlled outlets prior to the buffer will be utilized for stormwater treatment
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15ANCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r- Yes r No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Atwater project is a residential development. The property is located within the City of Durham, therefore the adjacent
properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water Supply, Watershed
Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Jordan Watershed Riparian Buffer
Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow' requirements and could
require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; and finally 3) the Phase II NPDES Stormwater Permit
Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction
stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required byDWRforthis project?*
r Yes f Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Durham County wastewater treatment plant as non -discharge. The Durham County Wastewater Treatment Plant has a capacity of 12 MGD and are
currently treating 7.4 MGD.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*

r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes f No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
North Carolina Natural Heritage Program, 2019. Geographic Information System (GIS) data, NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/.
(Accessed: July 25, 2019).
5i -per the project engineer, there will be rock removal but no other details provided at this time.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service was referenced on July 5, 2019. No historic listings, study list entries, or determined
eligible listings were identified Within the property.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
The NC Floodplain Mapping Programs Flood Risk Information System was referenced.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
V By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');

. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
. I intend to electronically sign and submit the PCN form.
Full Name:
Deborah E. Shirley
Signature
Date
7/25/2019

Soil & Environmental Consultants, PA
8112 Falls of Neuse Road, Suite 10.1, Raleigh, NC ^7615 • Phone: [phone] • Fax: [phone]
sandec.eom
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: S&EC Project #
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Field Office:
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions.This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): )PIA1 70-'053c) - 01 C% /7
Site Address: 1 K 3 6 -Ms R-ctJ
City, County, State:
PROPERTY OWNER INFORMATION:
Name: te-ari+7z :-�'�kr�%tks
Mailing Address: 5 ty- Vr -mss -%N 5 oJe z--
TelephoneNumber: 9i9'70F_ 6"�3 j
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Property Owner (please pri
Pr nerty Owner Si>4nature
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We hereby certify the a�ove information submitted in this application is true and accurate to
the best of our knowledge.

Project Number:
SBProject Manager:
1" = 400'Scale:
12/13/17Date:
Map Title:
Source:
Figure 1 - USGS Map
1443 Ellis Road
Durham County, NC
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PANEL-1
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DEMOLISHED
2
3
4
5
6
7
8
68.00'
EXISTING POND TO
BE REMOVED
EXISTING WETLANDS
= 4,523 SF
OVERHEAD UTILITY
POLES TO BE
RELOCATED
10' NO BUILD ZONE
10' NO BUILD ZONE
BUILDING PARKING ENVELOPE
PER Z1300026
BUILDING PARKING ENVELOPE
PER Z1300026
STEEP SLOPE AREA
PER Z1300026
5
0
.
0
0
'
S
T
R
E
A
M
B
U
F
F
E
R
5
0
.
0
0
'
S
T
R
E
A
M
B
U
F
F
E
R
50.00'STREAMBUFFERSTREAM B
STREAM D
STREAM C
WETLAND 1 ATWATERDAN RYAN BUILDERS3131 RDU CENTER DRIVESUITE 120MORRISVILLE, NC 27560Project No:Drawing No:Ref No:Date:Scale:Drawn By:Checked By:©2013 All documents and calculations including computer files,drawings, and specification prepared by Stewart are instrumentsof professional service intended for one-time use. They aresubject to copyright and other property right laws and shallremain the property of Stewart. They are not to be copied,modified, or changed in any manner whatsoever nor assigned toa third party without prior written permission of Stewart.FIRM LICENSE #: C-1051www.stewartinc.comPROJECT #: C18XXX101 WEST MAIN ST.DURHAM, NC 27701T 919.380.8750C17162EIE-1XXX7.18.20191:200SMTSNORTH0100200400
EXISTING CONDITIONS
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3
34
35
36
37
38
39
40
41
43
44
45
46
47
48
42
49 50 51 52 53 54 55 56 57 58 59 60
85 84 83 82 81 80 79
78
77
76
75
74
73
72
71
70
69
68
67
66
65
64
63
62
61
DISC GOLF
DOG PARK
ROAD
A ROAD BROAD CDRIV
E
W
A
Y
ADRIVEWAY
BDRIVEWAY CTREE
COVERAGE
AREA # 2
TREE
COVERAGE
AREA # 1
TREE
COVERAGE
AREA # 3
ROAD B
TREE
COVERAGE
AREA # 5
10.00'/0.2 OPACITYCONSTRUCTED BUFFER25.00'NATURALBUFFER25.00'NATURALBUFFER10.00'/0.2 OPACITYCONSTRUCTED BUFFER10.00'/0.2 OPACITYCONSTRUCTED BUFFERMULTI-PURPOSE FIELD
SCM
#1
SCM
#2FIRE
LANENO PARK
ING
FIRE LAN
E
NO PARK
I
N
GX
XX25.00'NATURALBUFFERTREE
COVERAGE
AREA # 4
321
3
MAILMAILMAILMAIL
MAIL
2
3
TP
TP
TP TPTPTPTPTPTP TPTPTPTP
TP
TREE
COVERAGE
AREA # 6
WV
EXISTING 30' NORTHEAST CREEK
OUTFALL SEWER EASEMENT
(P.B. 119, PG. 141)EXISTING 68' DUKE POWER COMPANY EASEMENT(P.B. 93, PG. 174)34.00'
15
.
0
0
'
EIP
EIP
EIP
RWM
EIP
EIPEIPEIP
EIP
EIP
S77° 1
1
'

3
1
"
E

1
6
4
0
.
3
2
'
N88° 01' 58"W 264.30'
N88° 00' 34"W 300.07' (TOTAL)
(149.13')(150.94')L1N87° 29' 40"W
440.73'N29°
27
'
05
"W

412
.76
'C1L3
C2L2ELLIS
RD
.
(VAR
IABLE
W
IDTH
PUBL
IC
R
/W
)
SEE INSET A (THIS SHEET)
HC RAMP (TYP)
D
S
SSS
S S
SSSS
SSSSSSS
S
S
SSSSSSILT FENCE
OUTLET (TYP)SSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS(DOGHOUSE
)DRIVEWAY CROAD CROAD B
ROAD
A ROAD BDRIVEWAY ADRIVEWAY BSSSSSSSSSSSSSSSSLIMITS OF
DISTURBANCE (TYP)
STREAM B
STREAM D
STREAM C
WETLAND 1
D
D
D
S
SSS
S S
SSSS
SSSSSSS
S
S
SSSSSPROVIDE PUMP AROUND OF STREAM
DURING INSTALLATION OF CULVERT
LIMITS OF
DISTURBANCE (TYP)ATWATERDAN RYAN BUILDERS3131 RDU CENTER DRIVESUITE 120MORRISVILLE, NC 27560Project No:Drawing No:Ref No:Date:Scale:Drawn By:Checked By:©2013 All documents and calculations including computer files,drawings, and specification prepared by Stewart are instrumentsof professional service intended for one-time use. They aresubject to copyright and other property right laws and shallremain the property of Stewart. They are not to be copied,modified, or changed in any manner whatsoever nor assigned toa third party without prior written permission of Stewart.FIRM LICENSE #: C-1051www.stewartinc.comPROJECT #: C18XXX101 WEST MAIN ST.DURHAM, NC 27701T 919.380.8750C17162EIE-2XXX7.18.20191:120SMTSNORTH060120240
OVERALL SITE PLAN
IMPACT A
IMPACT B
4
XXXTPTPTPTPTP
TPTP
TP
TP
X
X
X
X
1
5
.
0
0
'SS
SSS
SLIMITS OF
DISTURBANCE (TYP)SS
STREE
PROPOSED 9' W x 9' H BOX CULVERT.
PROP. HEADWALL
AND WING WALLS
PROP.
HEADWALL
AND WING
WALLS
24" CLASS 1 RIP RAP
KEYED IN OVER
GEOTEXTILE FABRIC
24" CLASS 1 RIP RAP
KEYED IN OVER
GEOTEXTILE FABRIC
5'x3'18" DEEP CLASS
A RIP RAP OVER
KEYED IN
GEOTEXTILE FABRIC
PROPOSED 9' W x 10' H BOX CULVERT.
BOTTOM 1 FOOT CULVERT TO BE SET 1'
BELOW EXISTING STREAM BED
PROVIDE PUMP AROUND OF STREAM
DURING INSTALLATION OF CULVERT
IMPACT A
TEMPORARY STREAM IMPACT AREA
PERMANENT STREAM IMPACT AREA
ZONE 1 STREAM BUFFER IMPACT AREA
ZONE 2 STREAM BUFFER IMPACT AREA
TEMP. STREAM IMPACT
=1,185 SF
= 65 LF
TEMPORARY COFFERDAM
ATWATERDAN RYAN BUILDERS3131 RDU CENTER DRIVESUITE 120MORRISVILLE, NC 27560Project No:Drawing No:Ref No:Date:Scale:Drawn By:Checked By:©2013 All documents and calculations including computer files,drawings, and specification prepared by Stewart are instrumentsof professional service intended for one-time use. They aresubject to copyright and other property right laws and shallremain the property of Stewart. They are not to be copied,modified, or changed in any manner whatsoever nor assigned toa third party without prior written permission of Stewart.FIRM LICENSE #: C-1051www.stewartinc.comPROJECT #: C18XXX101 WEST MAIN ST.DURHAM, NC 27701T 919.380.8750C17162EIE-3XXX7.18.20191:30SMTSNORTH0153060
PERMANENT STREAM IMPACT
= 1,950 SF
= 90 LF
ZONE 1 BUFFER IMPACT
=4,819 SF
ZONE 2 BUFFER IMPACT
= 4,599 SF
ZONE 1 BUFFER IMPACT
= 5,159 SF
ZONE 2 BUFFER IMPACT
= 3,258 SF
PERMANENT STREAM IMPACT
= 70 SF
= 18 LF
285290295300305310315320325285290295300305310315320325-0+250+000+501+001+502+002+502+75-0+250+00298.0298.000+50295.9295.921+00298.5298.481+50294.6294.652+00294.3294.302+502+75PROPOSED GRADE3:1 MAXEXISTINGGRADE9'x9 CONCRETE BOX CULVERT8" WATERLINE8" DIP SAN SEWERFUTURE 100-YR WSEL (306.5)(TAILWATER)FUTURE 25-YR WSEL (303.0)(TAILWATER)CULVERT TO BE SET 1 FOOT BELOWEXISTING STREAM BED6" SEPERATIONPROVIDE CONCRETE CRADLE9'x10 CONCRETE BOX CULVERTPROPOSED GRADE3:1 MAXHEADWALLHEADWALLRIGHT OF WAYRIGHT OF WAYATWATERDAN RYAN BUILDERS3131 RDU CENTER DRIVESUITE 120MORRISVILLE, NC 27560Project No:Drawing No:Ref No:Date:Scale:Drawn By:Checked By:©2013 All documents and calculations including computer files,drawings, and specification prepared by Stewart are instrumentsof professional service intended for one-time use. They aresubject to copyright and other property right laws and shallremain the property of Stewart. They are not to be copied,modified, or changed in any manner whatsoever nor assigned toa third party without prior written permission of Stewart.FIRM LICENSE #: C-1051www.stewartinc.comPROJECT #: C18XXX101 WEST MAIN ST.DURHAM, NC 27701T 919.380.8750C17162EIE-4XXX7.18.20191" = 40'SMTSCULVERTHORIZONTAL SCALE: 1"= 40'VERTICAL SCALE: 1" = 4'IMPACT A - STREAM CROSSING PROFILE
49
SCM
#2
FIRE LA
N
E
NO PAR
K
I
N
G
TP TP TP TPTPTP34.00
'
EIP
14QR
1CF
16QR
16QR
24QR
24AR
8AR DEAD
1AR
1AR
8QR
11QR
12QR
8QR
13QR 9QR
9QR
17SY
9QR
EXISTING WETLANDS
= 4,523 SF 10'MIN27.00
'B-BN69° 1
6'

2
9
.
0
7
"
E

1
0
6
8
.
8
9'
L =7 2 .7 8 5
R =1 8 1.0 0 0
SSSFSFSFSFSF SF SF SF SF
SFSFSFSFSF
SF SF SF SF SF
SFSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS252 LF

8
"

D
I
P

@

0
.
5
0
%
77 LF 8" DIP @ 0.50%
15+00
16+00
17+00
18+00
D
SD #003 CB
SD #002 VI
SSMH #20
SD #058
D SSSD ATWATERDAN RYAN BUILDERS3131 RDU CENTER DRIVESUITE 120MORRISVILLE, NC 27560Project No:Drawing No:Ref No:Date:Scale:Drawn By:Checked By:©2013 All documents and calculations including computer files,drawings, and specification prepared by Stewart are instrumentsof professional service intended for one-time use. They aresubject to copyright and other property right laws and shallremain the property of Stewart. They are not to be copied,modified, or changed in any manner whatsoever nor assigned toa third party without prior written permission of Stewart.FIRM LICENSE #: C-1051www.stewartinc.comPROJECT #: C18XXX101 WEST MAIN ST.DURHAM, NC 27701T 919.380.8750C17162EIE-5 XXX7.18.20191:30SMTSNORTH0153060
IMPACT B
B1 ROAD WETLAND IMPACT AREA
B2 SCM WETLAND IMPACT AREA
IMPACT B1
= 2,100 SF
IMPACT B2
= 1,425 SF
PROVIDE 6" PVC PIPE FOR
INTERCONNECTIVITY
INV. 377.75
LIMITS OF
DISTURBANCE (TYP)

Project Number:
SBProject Manager:
1" = 400'Scale:
12/13/17Date:
Map Title:
Source:
Figure 2 - Soil Survey Map
1443 Ellis Road
Durham County, NC
Durham County
Soil Survey Sheet 32
¯0 400 800
Feet
13361.W1
DURHAM
1443 Ellis Road
PIN
CITY OF DURHAM
PID
Department of Public Works
Location/Directions
Stormwater Services
Sub Stream
101 City Hall Plaza I Durham, NC 27701
Date of Determination
919.560.4326 1 F 919.560.4316
1 8 6 9
`niww.durhamnc.gov
CITY OF MEDICINE
To o
October 1, 2013
Via E-mail
Sarah Menser
Soil Services, PLLC
PO Box 91115
Raleigh, NC 27675
[phone]
[e-mail]
SUBJECT: Ephemeral/Intermittent/Perennial Determination —1443 Ellis Road
REFERNCE: COD Jordan # 2013-011, Planning Case # Z1300026
Project Name
1443 Ellis Road
PIN
0830-01-90-4111
PID
163368
Location/Directions
1443 Ellis Road
Sub Stream
Northeast Creek
Date of Determination
September 26, 2013
Not
Start@
Stop@
Stream
Soil
USGS
Feature
Subject
Subject
(Flags)
(Flags)
Type
Survey
To o
Feature A
Latt: 35.9479340 N
X
Al
A14
N/A
X
Long: 78.868261° W
Pond in high ground
Feature B
Upstream of
Latt: 35.9488580 N
X
Subject
N/A
Perennial
X
X
Long: 78.8664760 W
Property
Feature C
Latt: 35.9486940 N
X
Upstream of
C28/C29
Ephemeral
X
X
Long: 78.865592° W
C28/C29
Feature C
Latt: 35.9485940 N
X
C28/C29
C10/C47
Intermittent
X
X
Long: 78.865698° W
Feature C
re
Latt: 35.948117°N
X
C10/C47
perennial
X
X
Long: 78.8662490 W
e
Confluence

Ephemeral/Intermittent/Perennial Determination —1443 Ellis Road
Page 2 of 7
*Note: Feature A is a pond that is located in high ground with a small drainage area upstream.
Feature F shows up on the USGS Quad Topo map as an intermittent feature downstream of
Feature A; however, it does not exist onsite.
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham
County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is
not present on the property. Features that are checked "Subject" have been located on the
property and possess characteristics that qualify it to be a stream. There may be other streams
located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of
Water Resources (DWR).
This on-site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by the N.C. Division of Water Resources. An appeal
request must be made within sixty (60) calendar days of date of this letter or from the date
the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by the DWR shall be referred to DWR in writing c/o
Karen Higgins, Surface Water Protection Section, 1650 Mail Service Center, Raleigh, NC
27699-1650.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Durham — Where Great Things Happen
Not
Start@
Stop@
Stream
Soil
USGS
Feature
Subject
Subject
(Flags)
(Flags)
Type
Survey
To o
Feature D
Latt: 35.948630° N
X
D2/D3
D1/D4
Intermittent
X
Long: 78.865485'W
Feature E
Latt: 35.947737° N
X
E4/E5
E1/E8
Intermittent
Long: 78.867373° W
Feature F
Latt: 35.9477310 N
X
N/A
N/A
N/A
X
Long: 78.8678940 W
Feature G
Latt: 35.948757) N
X
W40/W51
W35/W55
Ephemeral
X
Long: 78.8675400 W
*Note: Feature A is a pond that is located in high ground with a small drainage area upstream.
Feature F shows up on the USGS Quad Topo map as an intermittent feature downstream of
Feature A; however, it does not exist onsite.
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham
County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is
not present on the property. Features that are checked "Subject" have been located on the
property and possess characteristics that qualify it to be a stream. There may be other streams
located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of
Water Resources (DWR).
This on-site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by the N.C. Division of Water Resources. An appeal
request must be made within sixty (60) calendar days of date of this letter or from the date
the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by the DWR shall be referred to DWR in writing c/o
Karen Higgins, Surface Water Protection Section, 1650 Mail Service Center, Raleigh, NC
27699-1650.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Durham — Where Great Things Happen

Ephemeral/Intermittent/Perennial Determination —1443 Ellis Road
Page 3 of 7
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days.
The owner/future owners should notify the City (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for
the proposed activity or other City of Durham permit(s).
Any inquiries regarding section 404/401 permits should be directed to Division of Water
Quality (Central Office) at [phone], and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at [phone].
Should you have any questions regarding the above determination or need further clarification
on any aspect of the above, please do not hesitate to contact me at [phone], x 30214 or
[e-mail]
Durham — Where Great Things Happen

Ephemeral/Intermittent/Perennial Determination —1443 Ellis Road
Page 4 of 7
Sincerely,
4a AOP�__
Bill Hailey, Senior Engineering Technician
Attachment: Stream Delineation map —Exhibit 1
USGS Quad Topo Map — Exhibit 2
Durham County Soils Map — Exhibit 3
Durham — Where Great Things Happen

Ephemeral/Intermittent/Perennial Determination — 1443 Ellis Road
Page 5 of 7
Exhibit 1
Durham — Where Great Things Happen
_
o g N
+ l
JL
Jam/ ff(///jr444
f4„
�N'
--
SOIL SERVICES, PLLC
fh�7Me
TOPOGRAPHIC STREAM MAP
ti�fRh�Y IM►1
„�
ME10"91"S,"A`8GH, "Z"'5
OMM (919) 74.5-19H FAx: (919) 251-M3
WW W.9011SEWCESUS
1443 ELLIS RD
"
M.
I Of I
Q
SOUTHEAST DURHAM
DENS LAND CORP.
Durham — Where Great Things Happen

Ephemeral/Intermittent/Perennial Determination —1443 Ellis Road
Page 6 of 7
Exhibit 2
t
SOIL SERVICES, PLLC
PO BOK 911 I i, RALBGK NC VM
OfiAM010)MI-M Mett19}291-%M
WW WML13NCELLIS
USGS TOPOGRAPHIC MAP
1443 ELLIS KID "g'
SOUTHEAST DURHAM EDENS LAND CORP. of
Durham — Where Great Things Happen

Exhibit 3
Ephemeral/Intermittent/Perennial Determination - 1443 Ellis Road
Page 7 of 7
Ki
:>
7w<`
SOIL SERVICES, PLLC
PO BOX 91115, RALEIGH, NC 27675
OFFICE: [phone] FAX [phone]
W WWSOILSERVICESUS
O
4
7
T
e
San TMc
Av1sx No. 119L1
DURHAM CO. SOIL SURVEY
s�
F.j � Bw
1443 ELLIS RD
SHEET 32 a EDENS LAND CORP. Of I
Durham - Where Great Things Happen

1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3
34
35
36
37
38
39
40
41
43
44
45
46
47
48
42
49 50 51 52 53 54 55 56 57 58 59 60
85 84 83 82 81 80 79
78
77
76
75
74
73
72
71
70
69
68
67
66
65
64
63
62
61
SCM
#1
SCM
#2FIRE
LANENO PARK
ING
FIRE LA
N
E
NO PAR
K
I
N
G
TP TPTP TP
TP TPTPTPTPTPTPTPTPTPTPTP
TP TPTPTPTPTPTPTPTP
TP
TP
TP321 546X
X
X
X
X
X
X
MAILMAILMAILMAIL
MAIL
WV
WF-S01 START
WF-20 TT01
WF-01
WF-02
WF-19
WF-18
WF-03
WF-04WF-05
WF-07
WF-06
WF-08
WF-09 TT PL
WF-10
WF-11
WF-12
WF-13
WF-14
WF-15
WF-16
WF-17
RIM=306.48'
IN=298.98'
OUT=298.78'
RIM=315.39'
IN=308.79'
OUT=308.69'
RIM=334.77'
IN=328.27'
OUT=328.17'
RIM=307.55'
IN=298.10'
OUT=298.00'
RIM=306.75'
IN=297.25'
OUT=297.10'
RIM=304.19'
IN=293.49'
OUT=293.44'
RIM=302.95'
IN=292.65'
OUT=292.55'
12"P
V
C 12"PVC12"PVC
12"PVC12"PVCPANEL-2
EXISTING 30' NORTHEAST CREEK
OUTFALL SEWER EASEMENT
(P.B. 119, PG. 141)EXISTING 68' DUKE POWER COMPANY EASEMENT(P.B. 93, PG. 174)34.00'
15
.
0
0
'
EIP
EIP
EIP
RWM
EIP
EIP
EIP
EIPEIP
EIP
EIP
EIP
EMON-GUARD
S77° 1
1
'

3
1
"
E

1
6
4
0
.
3
2
'
N88° 01' 58"W 264.30'
N88° 00' 34"W 300.07' (TOTAL)
(149.13')
(150.94')
L1N87° 29' 40"W
440.73'N29°
27
'
05
"W

412
.76
'C1L3
C2S12° 01' 01"E121.00' (TIE)L28"PVC8"PVC
N/F
TEAGUE-HANKINS DEVELOPMENT, CORP.
D.B. 4502, PG. 666
PIN 0830-01-90-4111
1443 ELLIS RD.
ZONED: PDR 7.341
N/F
SALLY RIGSBEE HUMBLE &
MARTIN RIGSBEE
D.B. 5839, PG. 598
PIN 0830-03-90-3538
1431 ELLIS RD.
ZONED: RS-20
N/F
RESEARCH PARK, LLC
D.B. 6999, PG. 609
PIN 0739-01-99-8190
1533 ELLIS RD.
ZONED: OI(D)(VARIABLE WIDTH PUBLIC R/W)ELLIS
RD
.
(VAR
IABLE
W
IDTH
PUBL
IC
R
/W
)
6QR
8QR
14QR
3CF
6QR4CF
13QR
4CF
14QR
1CF
16QR
16QR 24QR
24AR
8AR DEAD
1AR1AR
3CF
6QR
3CF
3QR
3QR
6AR
4JV 12PT
12QR
1CF
8QR
12QR1CF
3JV
1CF
1CF
1CF
3CF
6QR
3QR
24QR
6QR
3CF
6QR
8QR
4QR
4QR
6CF
2CF
2AR
14QR
10AR DEAD
3CF
3CF
3CF
12QR
12QR12QR
28QR
6QR
4CF
24PT
4AR
10QR
10QR
INV=352.00'
18"RCP
INV=351.22'
INV=345.04'
INV=336.66'
18"RCP
INV=335.74'
INV=316.89'
INV=315.66'
24"RCP
8"PVC
N/F
TEAGUE-HANKINS DEVELOPMENT, CORP.
D.B. 4502, PG. 666
PIN 0830-01-90-4111
1443 ELLIS RD.
ZONED: PDR 7.341
N/F
SALLY RIGSBEE HUMBLE &
MARTIN RIGSBEE
D.B. 5839, PG. 598
PIN 0830-03-90-3538
1431 ELLIS RD.
ZONED: RS-20
N/F
RESEARCH PARK, LLC
D.B. 6999, PG. 609
PIN 0739-01-99-8190
1533 ELLIS RD.
ZONED: OI(D)
TRAV-101-NL
TRAV-102-NL
TRAV-103-NL
TRAV-104-NL
TRAV-105-NL
TRAV-106-NL TRAV-107-NL
TRAV-108-NL
TRAV-109-NL
TRAV-110-NL
TRAV-111-NL
TRAV-112-NL
TRAV-113-NL
TRAV-114-NL
TRAV-115-NL
TRAV-116-NL
TRAV-117-NL
TRAV-100-NL
FUTURE
CONDITIONS
ELEV 306.8
FUTURE
CONDITIONS
ELEV 306.8
DA 1 BY-PASS
12312.7 SF
0.28 AC
DA 1
SCM 1
214866.7 SF
4.93 AC
DA 1
BY-PASS
280458SF
6.44 AC
DA 2
SCM 2
126983.1 SF
2.91 AC
DA 2 BY-PASS
41,335 SF
0.95 AC
DA 2 BY-PASS
676.9 SF
0.02 AC
WOODS POST
DA 1
61172.9 SF
1.57 AC
WOODS POST
DA 1
54941.6 SF
1.26 AC
WOODS POST
DA 2
1188 SF
0.02 AC
WOODS POST
DA 2
9905 SF
0.22 AC
ANALYSIS
POINT #1 ANALYSIS
POINT #2
SHEET FLOW
CHANNEL 4
CHANNEL 3
CHANNEL 2
CHANNEL 5
CHANNEL 1
CHANNEL 4
CHANNEL 3
CHANNEL 2
CHANNEL 1
SHEET FLOW
0 30 60 120
1"= 60'SCALE:
FIRM LICENSE #: C-1051
www.stewartinc.com
PROJECT #: C17162
Client:
Vicinity map:
Issued for:
Title:
Sheet:Project number:
Date:
Drawn by:
Approved by:
Project:
ATWATER
Date Description
CONSTRUCTION
DOCUMENTS
No.
Seal:
DAN RYAN BUILDERS
3131 RDU CENTER DRIVE
SUITE 120
MORRISVILLE, NC 27560
PRELIMINARY - DO NOT
USE FOR CONSTRUCTION
NORTH
101 WEST MAIN ST.
DURHAM, NC 27701
T 919.380.8750
ELLIS
RD
GLOVER RD
STONE RD
WRENN R
DDURHAM FWYRADA DR
SOUTHER
N

D
RCLINTON RDSTAT
E
W
O
R
T
H
RD
SO-HI DR ESTHER DRSITE
NORTH
L:\Projects\2017\C17162-1443 Ellis Road\CALCS AND DATA\Stormwater\CAD Files\SW2.1-POST DRAINAGE AREAS.dwg Mar 22, 2019 - 12:05pmPOST DEVELOPMENT
DRAINAGE AREAS
SW2.1
C17162
02.25.2019
HNJ
TRS
SAW-2013-02002
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-02002 County:Durham U.S.G.S. Quad: NC- Southeast Durham
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Teague Hankins Development
Tom Hankins
Address:8368 Six Forks Road, Suite 202
Raleigh, NC 27615
Telephone Number:919-870-6339
Size (acres)15.15 acres Nearest Town Durham
Nearest Waterway Northeast Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude:35.948087
Longitude:-78.866451
Location description:The project area is situated east of Ellis Road, west of the Durham Freeway (NC Highway 147), and north
of Northeast Creek in the City of Durham, Durham County, North Carolina. The project area consists of Durham County
property parcel PIN 0830-01-90-4111. Both approved and preliminary jurisdictional determinations (JDs) were conducted at
this site (see the attached sketch entitled “Wetland Sketch Map”). The project area for the preliminary JD is bounded by a red
polygon that is labeled “Evaluation Area.” The project area for the approved JD is bounded by a yellow polygon that is
labeled “Area for AJD.”
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters including wetlands,on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters including wetlands,have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map, dated 1/29/2018, within the
bold red polygon labeled “Evaluation Area.” Therefore this preliminary jurisdiction determination may be used in the permit
evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory
mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will
treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative
Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by
contacting the Corps district for further instruction.
There appear to be waters including wetlands,on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters including wetlands,have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands,at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters
including wetlands,on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
SAW-2013-02002
relied upon for a period not to exceed five years from the date of this notification. The approved JD area is bounded by a bold
yellow polygon labeled “Area for AJD.”
We recommend you have the waters including wetlands,on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
The waters including wetlands,on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
The waters including wetlands,have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Ross Sullivan at 919-554-4884 ext. 25 or
[e-mail].
C. Basis for Determination: See the preliminary jurisdictional form and the approved jurisdictional
determination form dated 06/11/2018. This determination is based on a field verification by Ross
Sullivan (USACE) on 01/26/2018.
D.Remarks: The water bodies in the project area were flagged by Soil & Environmental Consultants,
and are shown within the project areas on the attached sketch entitled “Wetland Sketch Map.”
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
SAW-2013-02002
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 08/10/2018.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 06/11/2018
Expiration Date of JD:06/10/2023 (Approved JD)
Does Not Expire (Preliminary JD)
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent:Soil & Environmental Consultants, PA
Steven Ball
Address:8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Telephone Number:919-846-5900
E-mail: [e-mail]
SULLIVAN.ROSCOE
.LEE.III.1259877926
Digitally signed by
SULLIVAN.ROSCOE.LEE.III.1259877926
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=SULLIVAN.ROSCOE.LEE.III.1259877926
Date: 2018.06.11 09:51:21 -04'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:Teague Hankins Development, Tom Hankins File Number: SAW-2013-02002 Date:06/11/2018
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION:You may accept or appeal the approved JD or provide new
information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Ross Sullivan
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ross Sullivan, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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SULLIVAN.RO
SCOE.LEE.III.1
259877926
Digitally signed by
SULLIVAN.ROSCOE.LEE.III.12598779
26
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn=SULLIVAN.ROSCOE.LEE.III.12598
77926
Date: 2018.06.11 09:51:55 -04'00'
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):06/11/2018
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Wilmington District, 1443 Ellis Road Site, SAW-2013-02002
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The project area is situated east of Ellis Road, west of the
Durham Freeway (NC Highway 147), and north of Northeast Creek in the City of Durham, Durham County, North Carolina. The project area
consists of Durham County property parcel PIN 0830-01-90-4111. Both approved and preliminary jurisdictional determinations (JDs) were
conducted at this site (see the attached sketch entitled “Wetland Sketch Map”). The project area for the preliminary JD is bounded by a red
polygon that is labeled “Evaluation Area.” The project area for the approved JD is bounded by a yellow polygon that is labeled “Area for
AJD.”
State: NC County/parish/borough: Durham City:Durham
Center coordinates of site (lat/long in degree decimal format): Lat. 35.948087 , Long. -78.866451
Universal Transverse Mercator:
Name of nearest waterbody: Northeast Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030002
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 6/11/2018
Field Determination. Date(s): 1/26/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are no “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):1
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet, wide, and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: A single 0.17 acre open water pond was evaluated for this approved JD. This feature was determined to be
an artificial, man-made feature that was created by excavating and/or diking dry land to collect and retain water.
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally”
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is “adjacent”:
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent
waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody 4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:Pick List
Drainage area:Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
Tributary flows directly into TNW.
Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is:Natural
Artificial (man-made). Explain:
Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
Silts Sands Concrete
Cobbles Gravel Muck
Bedrock Vegetation. Type/% cover:
Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry:Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for:Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List.Characteristics:
Subsurface flow: Pick List. Explain findings:
Dye (or other) test performed:
Tributary has (check all that apply):
Bed and banks
OHWM 6 (check all indicators that apply):
clear, natural line impressed on the bank the presence of litter and debris
changes in the character of soil destruction of terrestrial vegetation
shelving the presence of wrack line
vegetation matted down, bent, or absent sediment sorting
leaf litter disturbed or washed away scour
sediment deposition multiple observed or predicted flow events
water staining abrupt change in plant community
other (list):
Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by:Mean High Water Mark indicated by:
oil or scum line along shore objects survey to available datum;
fine shell or debris deposits (foreshore)physical markings;
physical markings/characteristics vegetation lines/changes in vegetation types.
tidal gauges
other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
Riparian corridor. Characteristics (type, average width):
Wetland fringe. Characteristics:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.
Habitat for:
Federally Listed species. Explain findings:
Fish/spawn areas. Explain findings:
Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is:Pick List. Explain:
Surface flow is:Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
Directly abutting
Not directly abutting
Discrete wetland hydrologic connection. Explain:
Ecological connection. Explain:
Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
Riparian buffer. Characteristics (type, average width):
Vegetation type/percent cover. Explain:
Habitat for:
Federally Listed species. Explain findings:
Fish/spawn areas. Explain findings:
Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
x Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
x Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs.Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands.Check all that apply and provide size estimates in review area:
TNWs: linear feet, wide, Or acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet wide.
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs
8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet, wide.
Other non-wetland waters: acres.
Identify type(s) of waters:
8See Footnote # 3.
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from “waters of the U.S.,” or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet, wide.
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based solely on the
“Migratory Bird Rule” (MBR).
Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, wide.
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, wide.
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: S&EC
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters’ study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: SE Durham (1:24k)
USDA Natural Resources Conservation Service Soil Survey. Citation: Durham County
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): NC Statewide Orthoimagery Project (2013)
or Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only

S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC’s detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC’s flagging.
Per site meeting with
Ross Sullivan of the
USACE on January
26, 2018