19960606 Ver 1_COMPLETE FILE_19960625

State of North Carolina IV0
Department of Environment,
Health and Natural Resources 1 • •
Division of Water Quality 'Al
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary R
A. Presto n Howard, Jr., P.E., Directo r
July 11, 1996
Durham County
DWQ Project # 960606
APPROVAL of 401 Water Quality Certification
Mr. Richard Westmoreland
Robert C. Rhein Interests, Inc.
1405-G Ashwood Court
Greensboro, NC 27455
Dear Mr. Westmoreland:
You have our approval to place fill material in 0.323 acres of wetlands or waters for the purpose of
developing a residential subdivision at Lakehurst development, as you described in your application dated 20
June 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2671, 3022 and 2732. These certifications allow you to use Nationwide
Permit Numbers 12, 14 and 26 when they are issued by the Corps of Engineers.
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. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
Sin ly,
P-1
Poe n Howard, Jr.
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Chris Huysman; Soil and Environmental Consultants
960606.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
JUN 2 5 1996
ENVIRONMENTAL SCIENCES
111.)
June 20. N96
NCDEH&NR - DEM
Attn: Mr. John Dorncv
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Ms. Manuele and Mr. Dorncv:
US Army Corps of Engineers
Attn: Ms. Jcan Manucle
6508 Falls of the NCUSC Rd. Suite 120
Raleigh. NC 27615-6846
The purpose of this letter and application package is to request Nationwide Permits 26. 14. 12 and
3 and Section 401 Water Quality Certification for the project known as Lakchurst. This project,
owned by Robert C. Rhein interests, Inc., is located near Durham, NC (Durham County). The site
is shown on the attached plans and USGS Topo Quad vicinity map.
A Nationwide Permit 26 will be necessary to impact 0.234 acres (sec map) of jurisdictional
wetlands above headwaters for the development of a residential subdivision. A total of 0.072 acres
of impacts for a road crossing is requested under Nationwide Permit 14.
An additional 11.0 acres of open water associated with an on-site pond will be will be drained and
subscquently rc-flooded as pail of the maintenance of the impoundment structure. This impact is
not considered to be an adverse impact because the original floodpool will be restored. The
attached letter from Priest, Craven and Associates, Inc. references the intent of this activity. There
will be no mucking or dredging of the pond.
Wetlands on-site are channel and headwaters forest type.
Please call if you have questions or if you intend to perform a site visit.
Sincerely,
i ristophl? sman,
Biologist
cc: (mth enclosures) US Dish and Wildlifc Service
NC Division of Cultural Resources
1? -tl
Soil & Environmental Consultants, Inc.
L i?i \y?? st Milll>r?x?l: It?>;ul ¦ R:il??is;li, A<nlli (::u??lin,i ? ?f?O9 ¦ (91? (33 ? f) 61 [phone]
Sc,il%tiil?• I???.?I?i.?i???n ¦ ?l:il,l?iii?; iii?l I'In??,i?:?l '?n.il??~•r, ¦ \V??il,?,i,i? \Li?,???????, ????I `,l?i???.?ii?,n ¦ I?iu?ii?uun?•nl:il \?i?lii

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26, 14, 12, AND 3
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: ROBERT C. RHEIN INTERESTS, INC. ATTN: RICHARD WESTMORELAND
2. Owners Address: 1405 - G ASHWOOD CT., GREENSBORO, NC 27455
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: DURHAM, NC
Nearest Town or City: DURHAM, NC
Specific Location (Include road numbers, landmarks, etc.): EAST OF NCSR 1104 AND SOUTH OF THE
INTERSECTION OF 1106. AS PER ATTACHED SOUTHWEST DURHAM NC, USGS TOPO QUAD,
AND SITE DEVELOPMENT PLAN
6. Name of Closest Stream/River: UNNAMED TRIBUTARY OF NORTHEAST CREEK
7. River Basin: CAPE FEAR RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this properly?
YES ( ) NO ( X ) If yes, explain.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
UNKNOWN
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed projecL•
PERMIT NW 26 NW 14 NW 12 NW 3
DRAIN/FLOOD 0.001 AC 0.000 AC 0.000 AC APPX 11.0
FILL 0.234 AC 0.072 AC 0.000 AC 0.000 AC
EXCAVATE 0.000 AC 0.010 AC 0.017 AC 0.000 AC
TOTAL 0.234 AC 0.072 AC 0.017 AC APPX 11.0 AC
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
IMPACTS FOR PROPOSED RESIDENTIAL DEVELOPMENT; INCLUDING IMPACTS FOR: LOTS,
UTILITIES, ROADWAYS, AND DAM MAINTENANCE.
13. Purpose of proposed work:
INFRASTRUCTURE FOR PROPOSED RESIDENTIAL DEVELOPMENT, INCLUDING: LOTS, UTILITY
LINES, ROADWAYS AND MAINTENANCE OF ON SITE DAM.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
WETLANDS CROSSED PERPENDICULAR TO FLOW TO ACCESS HIGHGROUND. DAM NEEDS
REPAIR AND WETLANDS ASSOCIATED WITH IMPOUNDMENT WILL BE MAINTAINED.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the Slate Historic Preservation Officer (SHPO) regarding the presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( X ) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, auach copy.
E. What island use of surrounding properly? AGRICULTURAL AND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
C-Atent's Sign ure Date
•
• Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
- AGENT AUTHORIZATION FORM -
TO BE COMPLETED BY CURRENT LANDOWNER
Name: {Zot?,erz:r ,-- • 12 10 INT6i?..asis, )0-
Address: Iq?S- ct &s«oon C-T'-
Address: GQ.?G?s?or?,o • C- . 2455.
Phone:
Project Name/Description: V
ih l7urha M? NCr
Date: . r,-_ . tC, • 0 4,
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Attn: lee"ti YVV),IV''i:ZE.
Field Office: /V(-.
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current Property hereby designate and authorize Soil and Environmental
Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to
furnish upon request supplemental information in support of applications, etc. from this day
forward. This the day of
This notification supersedes any previous correspondence concerning the agent for this project.
RIGta?o M .mss-cw,on.??-Aup?J.p.
Print Owners Name:
V, 0-
Property Owners Signature:
cc: Mr. John Dorney
NCDEH&NR-DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Kevin C. Martin
Mr. Chris Huysman
Soil and Environmental Consultants, Inc.
Soil/Site E:valuatu?n ¦ Mapping and Physical Analysis ¦ Wetlands Mapping; and Mitigation ¦ Environmental Aud
On-Site Waste "Treatment Systems, [.:valuation and Design

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IV)
SITE VICINITY MAP
APPROXIMATE BOUNDS OF
LAKEHURST
FROM: SOUTHWEST DURHAM, N.C., U.S.G.S. TOPO. QUAD
SCALE: 1:24 000
LAT: 35° 52' 30"
LON: 78° 55' 30"
Delineation Performed by: Soil and Environmental Consultants, lilt.
244 W. Millbrook Road
Raleigh, NC 27009
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Prowct 5iLe:--L??-ti Date: 4
Applicant Owner C-'?4 County:
Investigator: Stnte: c? )C
1)o Normal Circiunstances exist on the site? Yes No Comnuinity Ill:
the site slynificantly disturbed
(\1v1?icnl Situation)? Yes No Ti-mise(t 11)
I:, the urea a potential Problem Arv' Yes No Hol 11
(if needed, explain on reverse.)
V EGETATION
Dominant Plant Species `Lrat-trm
- Indicator Dominant Plant Species Stratum Indicator
C(+y1?U e k-1
I t 'Av ,I ()&(1 Cat 9.
__
3.\ s_CCi
4(: i A- iuf?! GAWK Tr t " 1 cx?i.; 12__ _
k7ak,v 13.

p„ Ott `.?c c\L? S (a ( ?' 15.._ ---
8? S T 1? ?/' 16.
Percent of Dominant Species that are 0131, FACW or FAC
(excluding PAC-).
Remarks:
14YDROLOGY
.-Recorded Data (Describe in Remarks)
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Mold Observations:
of
I )ept11 Yi Surface Wafer:
` a
(in.)
Depth to Pree Waster ur I'll
I )epth to Saturated Soil:

(ur.)
Wetland E lydrolof,y indicators:
Primary indicators:
t-JA Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
1 )r,1ina},e Patterns in wetlands
?;--mdnry Indicator: (2 or more required):
OXUllxed Root Chcumels in
upper 12 inches
Water-StnIlled Leaves
Local Soil Survey Datll
I,AC'-NeutralTest
()Hier (Explain in Rertrarks)
Remarks.
S011's
Map Unit Name
(Srrus and Phase): 1 )rniriiye Class: I CI
Field Observations
I'aaxunonry(Suhgruup): l-???L'({? {-FGZ Cv At,R Confirm Mapped 'I'yhe? Yes No
Profile l)escripLion:
Uept_h Matrix Color
ins.) I lorizon (Munsell Moist)
I IN,dric Soil Indicators
Motile Colors Mottle Texture' Concretions,
(Munsell Moisf) Ahundana /C'ontrast Structure etc.
Histosol_ S?C.oncreiions
I listic l"pipedon Iligh Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor _ Organic Streaknzg in Sandy Soils
Aquic Moisture Regime Listed on Local I lydric Soils List
S -Reducing Conditions Listed on National I-Iydric Soils List
_Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Re marks:
Wetland Determination
I lydrophytic Vegetation Present? Yes 1, (Circle) Is this Sampling Point Within it Wetland?
Wetland I lydrology ]'resent? Yes (Circle)
] lydric Soils Present? Yes Yes No
Remarks:
tx? -?OGU -
1)elunealeon I'erformed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROU'T'INE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Pro)ect/Site:
Applicant/Owner: 1 t=t?? lvi -u?? C•oiu1ty:_ ?U-l??1t
Investigator: State-
- -
Do Normal Circumstances exist on t1le site??, lvo Conurnunity ID: -
Is the site significantly disturbed
(Atypical Situation)' Yes] hrens??t ]D:
Is the area a l,oter)tr;rl I'r,)hlenr Area? Y('p; s Piet 11):
V-2-
(1t neede(l, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominan t Plant Species Stratum Indicator
1 I;?l rvhC-w? ? I`=.\?F
2t?Yc? 'ti t._ 9..,r, C??'?t-?i-_'??• -•- _

t,u ?15?
?cxxr >t??ruc { OX r 12.
_
5.luc?diriv.c t< Lek r%? 13. -
14.
l_
= 15.
---
8.
_ _ ViaO 16. -
Percent of Dominant- Species that are 0131, FACW or PAC
(excluding FAG). --- -
Remarks:
HYDROLOGY
k'P'N Recorded Daw (Describe in Remarks):
Stream, lake, or'I'ide Gauge
- Aerial Photographs
- Other
o Recorded Data Available
Field Observations:
of
I )epih }?i Surface Writer ??? ? (in.)
Depth to Free Water 11A I'it lJ (in.)
Depth to Saturated Se,e1 (in.)
Wetland Hydrology Indicators:
Primary ndicators:
V Inundated
Saturated in Upper 12 inches
v Water Marks
Drift Lines
Sediment Deposits
`i Drainage Patterns ill Wetlt+nd:;
tiecondary Indicators (2 or more require(i):
?_Oxidized Root Channels in
upper 12 inches
f
V Water Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Renuu ks)
Remarks
SOILS
Map Unit Name
(Series and Phase): t1? '?C???Sl UrainaF"e Class:
_ Field Observations
I'axonoilly (Sub)" roup): Confirm Mapped TN'I)e"?/Y!?s Nc,
Profile Description:
Depth Matrix Color Mottle Colors Mottle 'T'exture, ('oncretions,
I l orncm (Munsell Moist) (MuPsell-Moist) Abundailce?Contrasl Structure etc.
( ?)
I lydrTC Soil indicators:
Hist.osol -011cretions n u r, •
Ilistic Epipedon High Organic Content in Surface Layer in Sandy Soil
VSulfidic Odor _ Organic Streaking in Sandy Soils
___-Aquic Moisture Regime _`'Listed on Local Ilydric Soils List
___Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -____Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? Y sj No (Circle.) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present.? c? No ?cle)
I-Iydric Soils Present? No Yey? No
Remarks:
PRIEST, CRAvEN&AssociATEsJNC,
LAND USE CONSULTANTS
May 20, 1 996
Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
244 West Mi 1 1 brook }Road
Raleigh, North Carolina 27609
REFERENCE: Lakehurst Subdivision
Dear Kevin,
The intent and future of the existing lake of the aboved
mention project is for it to remain as is. In order for the
lake to remain, the earthen dam and outlet devices have to
be modified as shown on enclosed drawings. Lake is to be
drained, construction of new dam and drainage structures.
After construction is completed, lake is to be brought back
to its original normal pool elevation. There will be no
muckinq or dredging of the pond.
If you have any question, please call. Thankyou.
Sincerel
Daniel J. Burud
Priest Craven and Associates
LHWETDAM. 001
PLANNI:I?S / L/?NDS(:Al'l: AItCI I1'I1(; l?s / I;NC ?1NEI:IZS ? Sl 1RVI;YORS
3803-R C;otnhutcr Driv?•, ?uiic 1O4, }:alcil?l? N(' J_7(;l?') . 1'li?nu? 019/781.0300 . I?,?x 919782-1288
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
:fiction ID: 199602237 County: Durham
Notification of Jurisdictional Determination MAY ( 9
Property owner/Authorized Agent: Robert C. Rhein Interests, Inc.
Address: 1405-G Ashwood Court. Greensboro, North Carolina 27455
Telephone Number: (919)
Size and Location of Property (waterbody, Highway name/number, town, etc.): 62.92 acres on
the east side of S.R. 1104, approximately 1/2 mile south of the intersection with S.R. 1106, south
of Durham, N.C. Site is adjacent to, and above the headwaters of', an unnamed tributary to
Northeast Creek (Jordan Lake).
Indicate Which of the following apply:
* There are wetlands on the above described property which we strongly suggest should be
delineated and surveyed. The surveyed wetland lines must be verified by our staff before
the Corps will make a final jurisdictional determination on your property.
* Because of the size of your property and our present workload, our identification and
delineation of your wetlands cannot be accomplished in a timely manner. You may wish
to employ a consultant to obtain a more timely delineation of the wetlands. Once your
consultant has flagged a wetland line on the property, Corps staff will review it, and, if it
is accurate, we strongly recommend that you have the line surveyed for final approval by
the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
X * The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have
been explained to you. Unless there is a change in the law or our published regulations.
this determination may be relied upon for a period not to exceed five years from the date
of this notification.
* There are no wetlands present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there
is a change in the law or our published regulations, this determination may be relied upon
for a period not to exceed three years from the date of this notification.
* The project is located in one of the 20 Coastal Counties. You should contact the nearest
State Office of Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311).
A permit is not required for work on the property restricted entirely to existing high ground. If
you have any questions regarding the Corps of Engineers regulatory program, please contact
Jean B. Manuele at [phone], Extension 24
Project Manager Signature:
Date: 23 May 1996 Expiration Date: 23 May 2001
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE)
COPY OF THIS FORM.