19961153 Ver 1_COMPLETE FILE_19961220

BECKER
D December 19, ] 9961996
Faxed GIONAL OFFICE
Jean Manuele
U. S. Army Corps of Engineers
6508 Falls of Neuse Road
Raleigh, N. C. 27615
Re: Hope Valley Farms \
Dear Jean:
F m
MARTAlBECKER
g? ??'?n?KER
G E
As committed in my letter to you dated December 18, 1996, I am attaching a modified NWP
request dated December 19, 1996 for the captioned property. In addition to a NWP permit for
the acreage shown in Attachment "A" of the accompanying application, Caswyck HVF LLC
respectfully requests a renewal of Permit #'s 199700013 and 199700014.
Thank you.
Sincerely,
G2%? f Co
artin Becker ?i?? r
Copies:
Brooke Lamson
Dick Cannon r '
U
Mitch Barron IV
?? v?y? RECEIVED
SAN 16 1997,
ENV'RONMEN IAL SUENCE,S
600 PEACHTREE STREET • SUITE 3740 • ATLANTA, GEORGIA 30309 • 404/876-3900
Kimco Hope Valley Ltd. Partnership
Subject: Kimco Hope Valley Ltd. Partnership
From: Alicia DuClos <[e-mail]>
Date: Thu, 07 Jul 2005 15:25:22 -0400
To: Sam Aghimien <[e-mail]>
Hello Sam,
I think I may have found the file you were looking for: DWQ# 96-1153
It is at the lab; I will go first thing Friday morning and verify if it is the right
one. I will need to bring the paper you gave me with all the information on it, but
if you need it before I leave for the lab it is on my desk.
I'll let you know what I find out tomorrow.
Have a good night,
Alicia
Alicia DuClos <[e-mail]>
Environmental Technician I
NCDENR Division of Water Quality
Wetlands Program Development Unit
1 of 1 7/8/2005 11:42 AM
r'
0
FtiG,9V?? ? , !99
`stir 1
Wetland Mitigation Plan
Ilope Valley Farms Site
Durham County, NC
6/97
(RcN. I0/97 per DWQ comments)
161-
(lope Valley Farms
prepared by
.I.M. Ortosky,,Ir.
Soil and Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
1
t
f
Intent
This mitigation plan has been developed in response to the proposed impacts to 0.9 acres
of wetlands at the commercial site in the I lope Valley Farms project. The mitigation will
be a creation of approximately l . I acres of wetlands within an upland area which is
adjacent to the tloodplain o1' Third Fork Creek This mitigation will also serve as
compensation for 1.1 acres of impacts (as required by the Corps of Engineers) which
resulted from construction of Roxboro (toad (work previously applied for by the City of
Durham - 1986). This earlier impact and required mitigation by the Corps of Engineers
was prior to any mitigation requirements by DEI INR-Division of Water Quality. This
mitigation effort (as required by DE'l INR-DWQ) will therefore fulfill the present 0.9 acre
requirement as well as the 1.1 acre requirement by the Corps of Engineers.
Goals and Functions
The goal ofthis mitigation is to create functional value within the l.1 acre created wetland
in replacement of the functional value in the impacted wetlands. The created wetland will
initially result in shallow freshwater marsh wetland with uniform plantings of various tree
species. Ultimately, through the maturation of planted and naturally imported woody
species, the site will develop into habitat similar to the adjacent and impacted sites. Some
oi'the functional values ofthe created wetland will be; I) nutrient uptake, 2) reduction of
water velocity, 3) sediment stabilization, 4) wildlife and aquatic life habitat, S) reduction of
shoreline erosion, and 6) educational value of the creation process.
Measlxl-enlCllt of'the success ofthe mitigation project will be relative to those functional
values. Overall success is directly related to the establishment of'a viable wetland plant
Con11111Inlty ?n the creation area. All ofthe functional values sought within the creation
area may be assumed once it successful wetland Community is established. The goal
therefore, is to establish it forested bouonlland wetland community within five growing
seasons which has a nlillinlllnl of'320 stems per acre cif appropriate tree species for fixture
succession. The success criteria are discussed below.
Site
The proposed creation site is a low terrace of third Fork Creek in the Piedmont section of
southern Durham County. The site gradually rises away From the existing tloodplain of,
"Third Fork Creek to elevations ofup to 4.0' higher than the adjacent floodplain (see
accompanying site topo study) Soils on the site are in the Altavista Soil Series (Durham
County Soil Survey shows the AIA unit which is Altavista silt loans, 0 - 2`?/O slopes).
Redoxinlorphic features indicative of seasonal saturation within the soil appear a varying
depths of 1.0' to 4.0' within the site.
The site is wooded with it donlinant overstory of loblolly pine (complete crown closure,
,M-50 years old) Some swectgunl occurs in the overstory and is also present in the

undcrstorv, as is ?cd nwplc I hcrc is little ground cover on the site The site appears to
have been farmed several decades ago (typical ofan old successional field ion the Triassic
Basin area) I-:xisting habitat value within the proposed creation site is low (little
vegetative diversity, poor cover, poor vertical stratification, and few mast trees). There is
very little evidence o1' use by wildlife other than transient access to the higher quality
adjacent floodplain habitat.
Reference Wetland
The reference wetland is the wetland portion of the floodplain immediately adjacent on the
west side of the site. The area has a partially open canopy of'bottomland hardwoods
(willow oak, river birch, green ash, red maple, etc.) and, in places, a lower canopy of
sporadic black willow (which is encroaching on a formerly open marsh area).
Groundcover in the reference wetland varies with overstory and microenvironment but is
dominantly comprised o1' Saururus cernuus, Peltandra virginica, Juncus eflusus, Carex
lurida, Carex crenata, and various species of snartweed (Polyigonum) and grasses
(Panicum).
Elevations within the reference wetland range from x)3.1' to 93.4' (based on the
benchmark elevation of' 100.0' at the center of'the manhole on the adjacent sewerline).
'there are flow channels within the area which are slightly lower (approximately 1.0') than
the surrounding floodplain surface. Hydrology within the reference wetland is maintained
by saturation (seepage from adjacent landscapes into and through the alluvium) and from
periodic overbank flooding of "I'hird Fork Creek.
Mitigation Plan
The mitigation plan consists of'three basic activities, l) creation of appropriate forested
bottonland/Iloodplain hydrology through site grading to reference elevations, 2) an initial
planting of appropriate species to encourage early establishment of a forested bottomland
plant community, and 3) a monitoring and maintenance program.
lll?cl?•nlr?s,?t' (irucli??,??
The accompanying plan and section describe the approach to creation of a forested
bottomland community. Basically, existing vegetation within the creation site will be
removed, topsoil stockpiled, and the site will be graded (ovcrcut) to elevations no greater
than 93.0 (relative to BM of 100.0) and in places as low as 920 (in pool/swale areas).
'T'opsoil From the site, or Iron the impact site if'available, will then be placed (one lift,
unconpacted) over the site (about a 0.6' to 0.7' lift will settle to about 0.5') to bring the
final surface elevations up to no greater than 93.5 across most ofthe surface and 92.5 in
low areas. Based on soil profile observations and reference floodplain elevations, this will
provide a created wetland surface which will be influenced by the sane hydrology as the

adjacent floodplain wetland Due to the narrow tolerances in elevations, tile, designer shall
be present on-site during fine-grading operations to ensure that final elevations are
appropriate. Appropriate crosion and sediment control measures shall be installed prior to
any construction in order to protect the adjacent wetland/floodplain From sedimentation.
Note that it is likely that a sediment and erosion plan will have to be developed and
approved for this site as the proposed grading will involve greater than 1.0 acre of
disturbance.
The narrow tolerances in the creation of this type habitat require that many fine-grading
decisions be made on site during construction. Detailed construction supervision is an
integral part of this type of effort. The clearing limits and grade-to lines shall be marked in
the field by the mitigation designer. Fvery el7ort should be made to reduce compaction of
the graded site. Where grading/disturbance has occurred, the surface should be tilled or
scarified prior to application of'topsoil.
PhIlitilig
Plant material will be added to the site (see planting plan and specifications, Appendix I).
Plants will be obtained from the most local sources possible. Propagules from those plants
along with existing site propagules will be refied-on for establishment of the plant
community. Aficr final grading and appropriate surface preparation, seven different tree
species will be planted in the creation area as per planting plans and specifications. It is
strongly recommended that an installer with successful experience in handling and
installing tree seedling plant material be used on this project. This is an extremely
important aspect in a successful mitigation planting.
Planting shall occur in the most appropriate planting seasons. Late fall is the most
appropriate season for woody material. A less desirable alternative is a spring planting for
woody species. No planting shall take place in summer (late June through mid
September). Plantings may be scheduled in phases where a portion ol'the site is planted in
one season and another in the following season. The present requirements of'thc Water
(duality Certification dictate that the site is to be planted by January I, 1998. 'f'ree species
for the site have been ordered and should be ready for installation by mid-December. If
the threat of depredation by ducks, geese or other wildlife, or domestic animals is present
in the area at time of installation, the enhancement site will be fenced or otherwise
appropriately protected.
Wi ilorhi it Muitilewitic•e
The monitoring phase will begin prior to installation, be carried out by -tile mitigation
designer and owner and will include,
I) Pre-construction/planting meeting with contractor.
?) Site inspection during installation-
0
Od
3) Final inspection after all site work is complete, preparation of appropriate
completion ol'work statement, preparation of'breif as-built report, sketch plan,
and documentary photos and submission of that report to the USACOI; for
review within 30 days of completion-
4) Site inspection early (by June I) in first growing season (1998).
5) Site inspection at end growing season (by October I) and preparation of
letter of evaluation, documentary photos, and suggested treatment of any failed
at', s and submission to USACOF and DEI lNR-DWQ by November 15 of the
?. sam year.
6) Site inspections will continue for 5 years.
Success criteria is based on live stems within the target mitigation site. 'T'here must be a
minimum of 320 live stems per acre at the end of 5 years.
Maintenance of the sites will locus on establishment and protection and will consist of the
following:
I ) Appropriate annual control of competitive vegetation in the immediate area of
the seedlings This may involve the use of appropriately labeled herbicides or,
preferably, hand/mechanical methods (weed cutters, etc.). No vehicles are
recommended on the site due to potential damage to the surface such that
erosion may occur during flooding. Vegetation control away from the
seedlings will be limited to removal of large plants and vines as necessary.
2) Re-planting ol'any damaged or dead material ifthe loss is considered significant
such that it is unlikely that the required 320 stems per acre may be achieved
in 5 years.
3) Control of any degrading factors such as insect damage, depradation, trampling,
plant removal from destructive wildlife, domestic animals, humans.
The success of the project as well as management of the site will be the responsibility of
the owner. Long-terns impacts to the wetland as it result of on and off=site development is
an unknown at this point. Additional protection for the mitigation site from physical
disturbance (excavation or filling) will be provided as described in the permit conditions,
developed separately from this document (deed restrictions) A long-term management
plan will be developed upon successful establishment of the desired plant commuity.
Appendix I
Planting Plan and Specifications
The goal ofthe planting plan is to achieve uniform coverage of'tree seedlings at an
approximate 8' x 8' planting interval over the mitigation site. The various species will be
randomly placed on that 8' x 8' spacing; to create diversity across the site.
The seedlings will be planted with the use of hand tools such as dibble bars and/or
appropriate shovels. The seedlings shall be planted in slightly mounded beds (either
individual mounds or linear beds). Beds shall be 3" to 6" higher than surrounding grade to
facilitate drainage around the root system for the initial growing seasons.
Proposed Number and 't'ype of 'T'ree Species (based on availability)
200 Swamp Chesnut Oak
200 Chcrrybark Oak
100 Overcup Oak
100 Green Ash
100 River Birch
100 Sycamore
100 Baldeypress
900 'T'otal
All species will be in the form of one-year 0-0) seedlings at the time of'planting.
Plant Material Specifications
Woody Seedlings
If not planted immediately upon delivery to the job site, the seedlings shall be stored out of
direct exposure to the sun and wind and maintained moist through periodic watering until
the time of' planting.
Seedlings shall be turgid and appear healthy with no leaf spots, leat'damage, leaf
discoloration, chlorosis, le d'wilong or curling, or evidence of'insects on the leaves.
Seedlings shall he doi mant_ vv ith fihI roots, and stems shall be pliable and exhibit light
01cen to yellowish green cambium
Seedlings shall be planted intact (no pruning of top growth or root system).
Seedlings which appear to be dry, damaged, or unhealthy shall be discarded.
Fertilization
Woody plantings
Soil samples will be taken in both the mitigation site and reference wetland i-or analysis.
Lime and fertilizer needs will R)llow from those analyses. In the absence ofspecific
significant nutrient deficiencies the following fertilization procedure is to be applied.
Fall/Winter plantings - Use Osmocote (or equivalent), slow-release fertilizer, to be placed
in hole or in soil fill/amendment mix at planting (approximately 5 - 10 grams per seedling).
i
-? 4,.
u "
o -
.?-

. ?a
' S
- , 4QL . • .
•
IN
a O
O-Irro
,l?
or
d?
s
. a:
V
S
f0
--o
r
Vc'
rr
s
--o v ?
i
?I S I
e- Q-
h?k 4t
i
w, 2_3 I 711 A"? a?
?at& 2410
r
S u ?c D . ac
Z ??-- /S -/cam
l.V
1.,5- 1?1
7 ec
"A cw? -3,loe? 7
o J a d Yl #?74 cb
k l.$ dt e?c a 0 ML A
2 ?7 9 o,c
X Z'• w/ l So ?- 000
Ac ICJ
x 2? oft 'C'
t 33 IZo
1
Soil & Environmental Consultants, Inc.
244 Wcst Milllxook Roa(I ¦ Ralcigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
DRAFT
Mr. John Donley
Division ofWater Quality - NCDEI INR
4401 Reedy Creek Road
Raleigh, NC 27607
June 27, 1997
Re: Draft mitigation plan for I lope Valley Farms - Durham, NC - DWQ Project 11 961 153
Dear Mr. Dorney:
Fnclosed please find one copy of the draft mitigation as required in your letter to Mitch
Barron dated March 24, 1997. Please review the document and call if you have any
questions or concerns. "Thank you for your time and considerati(n.
Sincerely,
Mike Oi-tosky
S&[?C, Inc./
l RECEIVED
cc: Mitch Barron - I Lope Valley Farms JUN 0, 199,
1E1VVI RO%EjV ntH SCIENCES
one
Soil/Sit( Fv:11u:11ion ¦ MaIppllw, ;111(1 Physic:ll Amilysis ¦ \1h tl:uuls N'Lippim, :111d Miti};atiou IN I,nvironn1c11t:11 ?1u<lit
)n-Site Wasw Tw:lUUcnt Systcros, FA:11u:1tio1) :111(1 I)csit;n
Wetland Mitigation Plan
Ilope Valley Farms Site
Durham County, NC:
6/97
for
(lope Valley Farms
prepared by
.I.M. Ortosky,.Ir.
Soil and Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Table of Contents
General information and Mitigation Plan Narrative ..................................................... 1 -4
Planting Plans and Specifications ................................................................................ Al
Maps and Drawings .................................................................................................... All
wc1'
C),q ac ? "I
1 ch K-0 - 100"
Intent Jr
?This mitigation plan has been developed in response to the proposed impacts to 0.9 acres
of wetlands at the commercial site in the I lope Valley Farms project. The mitigation will
be a creation of approximately 1. 1 acres of wetlands within an upland area which is
adjacent to the floodplain of Third Fork Creek. This mitigation will also serve as
compensation for 1. 1 acres of impacts which resulted from construction of Roxboro Road
(work previously applied Ibr by the City of Durham).
Goals and Functions
The goal ofthis mitigation is to create functional value within the 1.1 acre created wetland
in replacement of the functional value in the impacted wetlands. The created wetland will
initially result in shallow freshwater marsh wetland with intermittent plantings of woody
species. Ultimately, through the maturation of planted and naturally-imported woody
species, the site will develop into habitat similar to the adjacent and impacted sites. Some
of the l'unctional values of the created wetland will be, 1) nutrient uptake, 2) reduction of
water velocity, 3) sediment stabilization, 4) wildlife and aquatic life habitat, S) reduction of
shoreline erosion, and 0) educational value of the creation process.
Measurement of the success of the mitigation project will be relative to those functional
values. Overall success is directly related to the establishment of a viable wetland plant
community in the creation area. All of'the functional values sought within the creation
area may be assumed once a successful wetland community is established. The goal
ther-elore is to establish a vigorous herbaceous wetland community within three growing
seasons which has a woody species base for future succession. The success criteria are
discussed below.
Site
The proposed creation site is a low terrace of third Fork Creek in the Piedmont section of
southern Durham County. The site gradually rises away from the existing floodplain of
'T'hird Fork Creek to elevations of'up to 4.0' higher than the adjacent floodplain (see
accompanying site topo study). Soils on the site are in the Altavista Soil Series (Durham
County Soil Survey shows the AIA unit which is Altavista silt loam, 0 - 2% slopes).
Itcdoxinlorphic features indicative of seasonal saturation within the soil appear a varying
depths of' 1.0' to 4.0' within the site.
'file site is wooded with a dominant overstory of loblolly pine (complete crown closure,
40-50 years old). Some sweetgum occurs in the overstory and is also present in the
understory, as is red maple. 'T'here is little ground cover on the site. The site appears to
have been farmed several decades ago (typical of an old successional field ion the 'T'riassic
Basin area). l',xisting habitat value within the proposed creation site is low (little
vegetative diversity, poor covet-, poor vertical stratification, and few mast trees). Where is

?i
z?? . t
very little evidence of use by wildlife other than transient access to the higher quality
adjacent floodplain habitat.
Reference Wetland
The reference wetland is the wetland portion of the floodplain immediately adjacent on the
west side of the site. The area has a partially open canopy of bottomland hardwoods
(river birch, green ash, red maple, etc.) and, in places, a lower canopy of sporadic black
willow (which is encroaching on a formerly open marsh area). Groundcover in the
reference wetland varies with overstory and microenvironment but is dominantly
comprised of Saururus cernuus, Peltandra virginica, Juncus efl'usus, Carex lurida, Carex
crenata, and various species of smartweed (Polyigonum) and grasses (Panicum).
Elevations within the reference wetland range from 93.1' to 93.4' (based on the
benchmark elevation of 100.0' at the center of the manhole on the adjacent sewerline).
"There are flow channels within the area which are slightly I er (approximately 1.0') than
the surrounding floodplain surface. I lydrology within the eference wetland is maintained
by saturation (seepage from adjacent landscapes into an through the alluvium) and from
periodic flooding of Third Fork Creek.
Mitigation Plan
The mitigation plan consists of three basic activf{ies; 1) creation of appropriate shallow
marsh/floodplain hydrology through site gradifig to reference elevations, 2) an initial
planting of appropriate species to encouragekarly establishment of wetland plant
community, and 3) a monitoring and maintc ance program.
Ilydrolog)? J;ruding l
The accompanying plan and section d scribe the approach to creation of a floodplain
marsh area. Basically, existing veget tion within the creation site will be removed, topsoil
stockpiled, and the site will be grad (overcut) to elevations no greater than 93.0
(relative to BM of 100.0) and in pl4ccs as low as 92.0 (in pool/swale areas). Topsoil from
the site, or from the impact site if available, will then be placed (one lift, uncompacted)
over the site (about a 0.6' to 07 lift Will settle to about 0.5') to bring the final surface
elevations up to no greater than 93.5 across most of the surface and 92.5 in low areas.
Based on soil profile observations and reference floodplain elevations, this will provide a
created wetland surface which will be influenced by the same hydrology as the adjacent
floodplain wetland. Appropriate erosion and sediment control measures shall be installed
prior to any construction in order to protect the adjacent wetland/floodplain from
sedimentation. Note that it is likely that a sediment and erosion plan will have to be
developed and approved for this site as the proposed grading will involve greater than 1.0
acre of disturbance.

f (,
The narrow tolerances in the creation of this type habitat require that many fine-grading
decisions be made on site during construction. Detailed construction supervision is an
integral part of this type of effort. The clearing limits and grade-to lines shall be marked in
the field by the mitigation designer. (:very effort should be made to reduce compaction of
the graded site. Where grading/disturbance has occurred, the surface should be tilled or
scarified prior to application of topsoil.
I'lanling
Plant material will be added to the site (see planting plan and specifications, Appendix I).
Plants will be obtained from the most local sources possible. Propagules from those plants
along with existing site propagules will be relied-on for establishment of the plant
community. After final grading and appropriate surface preparation, marsh and emergent
vegetation and selected woody species will be planted in the creation area as per planting
plans and specifications. It is strongly recommended that an installer with successful
experience in handling and installing wetland plant material be used on this project. This is
an extremely important aspect in a successful mitigation planting.
Planting shall occur in the most appropriate planting seasons. Spring is the most
appropriate for herbaceous material and fall for woody material. A less desirable
alternative is a fall planting for herbaceous material and spring for woody species. No
planting shall take place in summer (late June through mid September) or winter months
(mid November through February). Plantings may be scheduled in phases where a portion
of the site is planted in one season and another in the following season. If the threat of
depredation by ducks, geese or other wildlife or domestic animals is present in the area at
time of installation, the enhancement site will be fenced appropriately to protect the
installation
Moniloritig,,Af(liiNenniicc
The monitoring phase will begin prior to installation, be carried out by the mitigation
designer and owner and will include;
1) Pre-construction/planting meeting with contractor.
2) Site inspection during installation.
3) Final inspection after all site work is complete, preparation of appropriate
completion of work statement, preparation of breif as-built report, sketch plan,
and documentary photos and submission of that report to the USACOE for
review within 30 days of completion.
4) Site inspection early in first growing season
t.
5) Site inspection at end of first growing season and preparation ofJi$tter of
evaluation, documentary photos, and suggested treatment of any failed areas
and submission to USACOE within 30 des of inspection.
i;
6) Site inspection during late growing season of second and third years with
documentary photos and letter of evaluation at end of third growing season (to
USACOE within 30 days of inspection). r
r ?
Success criteria is based on percent of vegetative cater within the target mitigation site.
Vegetative cover must occupy a minimum of 75% of the target site and be comprised of at
least three of the target species (existing or introduced). The estimated schedule for
achieving 75% coverage is by the end of the third growing season, however, the site will
be monitored until success is achieved. Coverage is defined as the percent of material
alive based on the planted spacings (i.e. 3'x3'- marsh and 6'x6'- shrubs), or volunteers
within that area. At least 50% of the vegetation must be FACW or OBL status. At the
end of the third growing season marsh/emergent vegetation should form a contiguous
mass in the general mitigation area except where flood water may have created a narrow
channel(s).
If after the second growing season coverage is significantly lower than what is expected in
a normal progression to reach 75% by the end of the third growing season (<1/3
coverage), a plan to rectify the situation will be prepared and submitted to the USACOE
within 30 days of inspection.
Maintenance of the sites will focus on establishment and protection and will consist of the
following:
I) Re-plant any bare or sparse areas during season appropriate to plant species as
necessary to achieve success.
2) Do not apply any herbicides within aerosol drifting or surface flow distance of
the creation plantings.
3) Maintain ground cover in adjacent upland areas to prevent sedimentation within
created wetland.
4) Remove any degrading factors such as depradation, trampling, plant removal
from destructive wildlife, domestic animals, humans.
The success of the project as well as management of the site will be the responsibility of
the owner. Long-term impacts to the wetland as a result of on and off-site development is
an unknown at this point. Additional protection for the mitigation site from physical
disturbance (excavation or filling) will be provided as described in the permit conditions,
developed separately from this document.
Appendix I
Planting Plan and Specifcatio S _
Planting of the creation area has two goals, 1) uniform coverage of he us material,
and 2) intermittent groupings of shrub and,tree,species (see examp a planting
arrangement). Herbaceous material shall be planted orf a 3'x3' spaciug) Shrub material
(in groups) shall be planted on a 6'x6' to 2'x-12'spacings (depending n, species). Trees
will be added in selected areas and shall no be planted closer than 20'fron) nother tree.
The intent is to create variety both horizont lly across the site as well as vi rt al variety as
quickly as possible. Refer to site planting sk tch and example planting arrange ent for
graphical details.
t ,
7
Proposed Plant Species

I lerbaceous Material: Soft Rush Juncus efTusus
Sedges Carex lurida
Carex crenata
Woolgrass Scirpus cypermus
Pickerelweed Pontederia cordata
Arrow-arum Peltandra virginica
Lizard's Tail Saururus cernuus

Woody Species: Silky Dogwood Cornus amomum
Virginia Sweetspire Itea virginica
Swamp Rose Rosa palustris
Green Ash Fraxinus pennsylvanica
River Bir etula nib- ( r
America Elm Ulmus americana
Plant Material Specifications (Adapted firom G(rrbisch, 1995)
Balled and Bagged (Woody Plants)
The size of the earthen ball shall be at least as large as specified in the American Standard
for Nursery Stock (1980). Where plants are to be planted in soils that will be saturated
most of the growing season, the bagged root ball shall have a surface diameter that is at
least 1/2 the diameter of the un-pruned drip-line and a depth that is at least 8" per 5' of
tree/shrub height.

l
t•
d'

If not planted immediately upon delivery to the job site, plants shall be stored in shade and
root balls kept moist through periodic watering until the time of planting.
If growing, the plants shall appear healthy with no leaf sports, leaf damage, leaf
discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves.
Container (Woody and Herbaceous Plants)
The soil within the root ball shall be at field capacity (1 /3 atmosphere) or wetter upon
delivery to the job site. Any wilted, dry and/or light weight plants shall be rejected. If not
planted immediately upon delivery to the job site, plants shall be stored in shade and root
balls kept moist through periodic watering until the time of planting.
The container size shall be at least as large as specified. Plants shall not necessarily be
rejected when supplied in containers larger than specified. However, the soil/root masses
shall be the size of the specified container size. If the soil/root masses are substantially
smaller than the specified container size and loose soil exists on the sides and bottom of
the containers, indicating that plants have not been in specified containers long enough to
root into surrounding soil, the plants shall be rejected.
If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf
discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves.
For trees and shrubs, where spiraling woody roots exist on the outside of the soil/root
mass upon the removal of the plants from the containers, the landscape contractor shall
separate (cutting where necessary) and spread them out (frazzle) prior to planting.
Fiber or Peat Pot (herbaceous Plants)
If not planted immediately upon delivery to the job site, plants shall be stored in shade and
root masses kept moist through periodic watering until the time of planting.
The plants shall be well-rooted through the sides and bottoms of the pots and firmly
contained therein.
If the plants may be easily removed from the pots by holding the upper portion of the plant
and gently pulling on the pots, the plants shall be rejected.
If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf
discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves.
The pot size shall be at least as large as specified. Plants shall not necessarily be rejected
when supplied in pots larger than specified.
The number of plants or stems (culms) per port as specified shall be present at the
minimum, and on the average, or the plants shall be rejected.
Dormant Propagule (Herbaceous Plants)
If not planted immediately upon delivery to the job site, the dormant propagules shall be
stored out of direct exposure to the sun and wind and they shall be protected by covering
with straw, peat moss, compost, or other suitable materials and shall be kept moist,
through periodic watering, until the time of planting.
The bodies and shoots associated with the propagules shall have turgor or be rigid to the
touch. If the bodies and/or shoots associated with the propagules are soft or mushy, or
appear rotten or decomposed, the plant materials shall be rejected. Rhizome (stolon)
sections shall provide a minimum of two shoots per section. Or: Rhizome (stolon)
sections containing at least a terminal shoot shall be a minimum of four inches (4") in
length (in order to ensure sufficient stored energy to support the new growth). Rhizome
sections containing shoots that are soft or mushy or otherwise appear rotten shall not be
accepted.
Plug (Herbaceous Plants, Woody Seedlings, or Rooted Cuttings)
If not planted immediately upon delivery to the job site, the plugs whether in or out of
their growing units shall be stored out of direct exposure to the sun and wind and
maintained moist through periodic watering until the time of planting. If the plugs are not
contained in their growing units upon delivery and will not be planted immediately, they
should be treated as above and their root masses shall be protected by straw or other
suitable materials and maintained moist, through periodic watering, until the time planting.
Plugs shall have solid soil/root masses with the soil in place. Roots shall appear clean and
white in coloration.
If growing, the plants shall appear healthy with no leaf spots, leaf damage, leaf
discoloration, chlorosis, leaf wilting or curling, or evidence of insects on the leaves.
If dormant (herbaceous), new healthy shoots shall be apparent. Plugs containing shoots
that are soft or mushy or otherwise appear rotten shall not be accepted.
If dormant (woody), stems shall be pliable and exhibit light green to yellowish green
cambium. Plugs containing brittle stems and having unhealthy cambium shall not be
accepted.
Plugs (woody seedlings) shall have widths that are at least to the limb lines of the
seedlings and have depths that are at least one-fourth the heights of the seedlings.
Seed
Shall be delivered in clean, unopened containers and labeled as to seed origin, purity,
germination percentage, and date of germination testing.
Fertilization

i

Herbaceous plantings /
Spring plantings - Use Osmocote 18-6-12, eight to nine month release fertilizer or 5 or 10
gram 2-year tablets 20-10-5 (ex. agriform), to be placed in hole at time of planting. For
Dormant propagules, container/fiber pot, or plug seedlings use about 15 grams (0.5 oz.)
per planting.
Woody plantings
Fall/Winter plantings - Use Osmocote 18-5-11, twelve to fourteen month release fertilizer,
to be placed in hole or in soil fill/amendment mix at planting. Use 30 grams ( I oz.) per 1
quart container, 90 grams (3 oz.) per 1 gallon container (30 grams per each additional
gallon). Use 15 grams (1 oz.) per unrooted cutting for willow whips.
Soil Amendments
Soil amendments are required only around container grown or balled and burlapped tree
and shrub plantings. The amendment used should be leaf or pine bark compost at rates of
one part compost to one part soil (from planting hole). Fertilizer should be mixed in with
soil/amendment mix. No surface mulch is required where plants are planted at or near
original grade.
I?
?I
i
v
s
L
i
I
'ro
i
I II
I 1
Q, Ur
I' L? ? I ?I S
?p
t? l P I t l ?. ?-I n a ??
o r bD P In ?- pry N o
O a» a- Q' 0' r r r
a:
? V
ME
y
? .S
1 l, +I Cr,1-.?

i

?n '* * )p w
4 * I "XII / )s

s

I J
)4- *
i
i
?j
Toll
'I
s?
S'4
.?* :?( -W

01 _- 4
S
N
7 ?
} 3 t

919--490-4430
HOPE VHLLEY FHKI'k5
103 MI DEC Q5 -`.J6 16:37
Hopi.-Umff
FA MT ' UE F E
DATE:
` (7INCLODINC COVER)
PAGES:
PLEALSE DELIVER T4: ?? ---
----?-
JtECEIV'ED FROM
mEggAGE
4501 Hope Vii y Awd
Diuhan,, North C afohm 277M
(y ly) 493-3118 "1
FAY, (919) ,90-4438
.? yam..
7_.0'd 19:60 x661 *60' i ,,8oiuinC3d HJI31M,? WOJd
'J19-Q5P_?-44?6
HOPE VPLLE`i rRRMS 103 P02 UeG 05 196 1GS37

v
.'t
a
a

£0'd 19:60 9661*60'ZI r%dOiUln93d HOI318d WObd
?T 44 7704319153 CAMNOH COS. 206 Pot DEC 19 196 10:40
BECKER
MARTIN' $ECM
December 19, 1996
Fqxed
Jean Manuele
U. S. Army Corps of Engineers
6508 Falls of Neuse Road
Raleigh, N. C. 27615
Re: I-lope Malley Farms
Dear Jean;
?JE ?'.V?/- 4,0E Kek

As committcd in my Ictter to you dated December 18, 1996, I am attaching a modified NWP
request dated December 19, 1996 for the captioned property. In addition to a I\1WP permit i'or
the acreage shown in Attachment "A" of the acompanyin; application, Cawyck HVTLLC
respectfully requests a renewal of Permit #'s 199700013 and 199700014,
Thank you.
Sinerely,
Z81111in Becker
l?UpieS_
Brooke Lamson
Dick Cannon
Mitch Barron
/#
I &- p (I C, A t•
600 PEACMRFF STREET • SUITS 3740 • ATLANTA, GEORGIA 30309.4041876-3900
1 770/1319153 cnrirlorl Cos.
..-
>:n». s.f oQ-AA Tq Rte. ?r 6rs YJ Lq fwm
AD C-acs e s. v4--
7-' PpD 1a0a
S. F-sp- 41
209 P07 DEC 19 '95 10:53
r'?? ????IM?,SrA
4, F?' - 573
IC-0 A 5+14,00
ppp"? 3 rocro
?c?cTD o 1.3?
?Ir( eF fl?RJ?A'M
:'v,uu? om ?.1-r?Ll t~-jct,M l}.ll?
`orb- ?- -1-ui? Afi(?whhn0?
???ic5 (TtIIAL)
7
uU
??9 Gcc"?3
'S. (?oo.ia t? 0e Crt??`
f?Y c.?.s?dck. rkFi LLB.
\7
?. p?,?cecv.n 'ta ? Goj1S•tgtl?
p,,N GAKw??K •4W F, ?II.G. ?-

wll? MrAS A
Fok> XT rnuwl
r°? c,A 3
L lAA lg,-4--
PN.Kwp
dY UT
Of No
?IkiS pQAwcaL?TaYa F9ea? -cam
F Pe y.,utf rw rn wsml.rlAS n^e?r'idy Pu.?
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A&14
C) FE F1
January 10, 1997
Durham County
DWQ Project # 961153
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Mitch Barron
4501 Hope Valley Road
Durham, NC 27707
Dear Mr. Barron:
You have our approval to place fill material in 0.90 acres of wetlands or waters for the purpose of
commercial development at Hope Valley Farms subdivision, as you described in your application dated 19
December 1996, 2 January 1997 and 6 January 1997. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. Compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below. A DWQ approved wetland/waters mitigation plan will be required prior to
May 1, 1997. A DWQ approved stormwater plan will be required prior to impacting wetlands. Deed
restriction shall be placed on all remaining wetlands in Hope Valley Farms subdivision except for the area that
may be impacted by S. Roxboro Road extension and Martin Luther King Parkway prior to the completion of
the impacts to wetlands. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorsey,
Central Files
Mr. Martin Becker
961153.1tr
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
BECKER
gro AASS
December 19, 1996
Faxed
Jean Manuele
U. S. Army Corps of Engineers
6508 Falls of Neuse Road
Raleigh, N. C. 27615
Re: Hope Valley Farms
Dear Jean:
qiq?
MARTIN BECKER
jt?)b ? ?k
?filal

?b
X
As committed in my letter to you dated December 18, 1996, I am attaching a modified NWP
request dated December 19, 1996 For the captioned property. In addition to a NWP permit for
the acreage shown in Attachment "A" of the accompanying application, Caswyck HVF LLC
respectfully requests a renewal of Permit #'s 199700013 and 199700014.
Thank you.
Sincerely,
zin Becker
Copies.
Brooke Lamson
Dick Cannon
Mitch Barron

600 PEACHTREE STREET • SUITE 3740 • ATLANTA, GEORGIA 30309 •404/876-3900
DEM ID: CORPS ACTION In!
NATIONWIDr PERMIT REQUESTtn (PROVIDE NATIONITTDE 7rRMIT 4) : NWP )k 2 6
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE :
1) NOTIFICATIMI TO =- 0071 V I 07 =T(3 TT1 23U
y) xPPTAICATION 2-On 3MC71ON 401 =T=CATIMI
3) C0011DIIIRTION ITT= =- ITC_ DIVIE70NI CV CCX5f2T, t•LY.2I7\GZ^*?!31T
SEND TIM- ORIGINAL AND (1) ccvy or TFIZ3 col fp=Lrn SAM TU 'TTTI, 7,2p o;RIATE
FIELD 0=.. CE OF THE CORDS OF rIG527I' s (srT 11.=C'l .IDDRESSEB SHEET) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONML'27TAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) • ??,?8r?.ERZNT.
1. OWNERS NAME:
2. MAILING ADDRESS:
CASWYCK HVF, L.L.C.
4501 Hope Valley Road, Durham, NC 27707
SUBDIVISION NjV.iE: IIOpc Valley Farms
CITY: Durham STATE. North Carolina ZIP CODE: 27707
PROJECT LOCATION ADDRESS, INCLUDING 3UBDIVISION NJJtJZ (Ir DIFFERENT FROM
MAILING nDRESS ABOVE) : SAMI
3. TELEPHONE NUMBER (HOME) (?,IoRI;) : (919 ) 493-3228
4. IF APPLSCABL•• A ENT'S NM-SE OR RESP0I?1SIBLE CORPOP.ATE OFFICIAL, ADDRESS,
PHONE NUMSER.. 4045 876-3900
Marian Becker 600 Peachtree Strcet, Suite 3710, Atlanta, GA 30308-2214
5. LOCATION OF WOaX (PROVIDE ,A MAP, PRE"17,RABLY A COPY OF USGS TOPOGR7IPHIC
MAP OR AERIAL PHOTOGP.APHY WITH SCALE):
COUNTY: Durham NEAREST TOWN OR CITY: Durham
s
V aav ??t, l.l.?. ii..•?Y y.?.1. ?.1 • llI-1.L.:.- a--l l...a. V1. l r.•...........- ..---
- 1
South of proposed Martin Luther King Parkway
NUMBERS, LANDMARKS, r,TC.):
'and west of Cook Road,locaL-ed approximaLely 150' southwcsL- of into section
of Martin Luther Kind Parkway and Cook Road. Refer.cnce Durham County
Tai; map No. 505-01-001
6. IMPACTED OR NZARrST 3T^v'-M4/P.TVFR: _ 'Pliir.d ].Fork Creck
RIVER BASIN:
7a. IS PROJECT LOC,kTED NUR WATER CLA"SIF?ED :M i1,.0[7T, TIDAL SALTWATER
($A) , HIGH QUALITY WATERS 011) , QUTSTANbING RESOURCE, WATM (ORW) , WATER
SUPPLY MS-1 OR WS-TI)? YES ( ) NO (x] IF YES, Mv,PLA-T N:
7b. IS THE PROJECT LOCATED WITHIN ,k NORTH =,01,I1v'A DIVISION OF COASTAL
MMNAGEIMENT A.Rr"..A OT' Ei7"JYnONtfEt?TAI CONC-RN (A1;C) 7 Y5S ( ) NO (X]
7c. IF THE PROJECT 1::3 LOCATED WITHIN A COASTAL" COMM (SEE PAGE 7 FOR
LIST OF COASTAL COUNTxrS) , 4MAT IS THE LAND USE PLAN (LDP) DESIGNATION?
Ba. HAVE ANY SECTION 40=1 PERM1:T3 BEER, PREVIOUSi,Y 'REQUIJSTED eCR USE ON
THIS PROPERTY? YES (%) NO ( ] ZF YES, PROVIDE ACTIDN I.D. NUMBER OF
PREVIOUS PER,ilT AND IVY A.DDITIONAI, INFORMATION (INCLUDE PHOTOCOPY OF 1101
CERTIFICATION) : 1.9970001.3 and 1.9910001.9
Ob. ARE, ADDITIONAL PERMIT REQUESTS E::PECTK'D rC7% THIS Pi?OHIATY IN THE
FUTURE? YEE (K) NO ( ) YF YES, DESCRIBZ ANTIC IPATEb 70RK: Na_ti onwi d(- -
permi•L• will be reques-Lccl r-or fu{-urc ro7cl crosc:i m, 'C-nr 8. no -horn PmAr1

9a. ESTIMATED TOT: , NUMBIER Or ACRES IN TRACT Or LAND: IRO
9b. ESTIMATED TOTAL NUP.DER OF i,CRE5 Or VZTLANDS LOCATED ON PROJECT SITE:
94.2
' 2
..Y,.-J,
10a. NUMBER of ACRES OF w1iTLA4DS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 1'9 EXCAVATION:
aOODING :
OTTER:
DRAINAGE: TOTAL 7 arZS TLS nU =ACTEb : 1.9
This is in addition to the 2.7 prcviotisl.y granted for a L-otal of 4.6
10b . (1) STREAM CI-IAMN FL TO BE IMPACTED I3Y THIJ PROPoSFo PAO=T (IF
RELOCATED, PROVXDE D?'STAIX-v BOTH BEFORE FWD AFTER RELOCATrON) :
LF.2q GT)I BEC0RI : £350 ET AL".rV,R: 475 - a
WIDT11 BEFORE (ba:lnd on normal, high w,ate:r ront-our-n) : _ 1.5 F7
WIDrA AFTER: n 1
AVM AGE DEPTH BEFORE: 'I a AF`2ER . 0 M
(?_) c'fIz t?1 ri' t L 5 ?t ?'?D 7??,'>w ?'RROt.(: (CI3ECX ALL THAT APPLY)
OPEN CHANTIEL RELOCATION: PL.ACZMILNT OF PIPE IN CI AINEL: X
Cl-IANNEL EXCAVATION : CONSTRUCTION OF A WdU FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND TI ,S SVI{AT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT 15 THE EXPECTED POND SUR=E' AREA? N
12 , DI SCItIPTION OE PROP05E11" YORK nICLUDING--DI-SCUS:33:ON.-0y- 0y'TYPE QF. ? ._._ .., .
MECHANICAL EQUIPMENT TO BE USED (ATTACK C'L?'1NS: B 1/2" X 1l" DRAWINGS
ONLY) : Drainacle channel is to be piped and filled over as we9 1 t&; f 11
material to be placed in uplands area to faci 1 .i tate commercial
development and driveway access to Martin Luther. Kind lurk 11L,- LthM1 i c 1
equipment ro osed would include track hoc excavator.: r-N - C.
13. PURPOSE OF PROPOSED 4ORK: To a11.01/1 C01merr-i riles!
provide for driveway access points to proposed Martin Luther King Parkway

3
14, STATE REASONS WHY IT 13 BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS, (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
11-12ACTS) The 200 - 400'. wetlands area between ML K and h
retail and office property prohibits the hi hest and c -
the property due to visability,_ proximity and access.
15. YOU ARE REQUIRED TO CONTACT THE U.3. k":LSH AND WILDLIFE SERVICE
NATIONT , Ll?lrkINCa 7LS)"(E 1 0 n Er\?? C,u (NM I. 23 ) (, T F, r Gc,NCX
ADDRESSES SHEET) REGARDING THE PRn3ENCE' OY ANY i^EDERALLY LI°TED OR
PROPOSED FOR LISTING ENDA14GERED OR THRn- TENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT 14AY BE AFFZCTED $Y THE PROPOSED PROJECT. EACH RESPONSES
COrITAGTED
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC Pn _,ESERVATIO1T OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE 2PESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH HAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:.
17, DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC CTtNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] No "(,I (II: NO, Go To 19)
a. IF YES, DOES THE PROJECT REQUIRE 2PYPARATION OF A11 ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIRE1iENT3 OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO C ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGrl THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE'
YT:3 [] rT0 (]
IF ANSWER TO 17b 13 IES I ThEN MMIT R.'PROPRT?'?? nOCUtiENTATZON [Hors THE
STATE CLZARSNGHOUSE TO DIVISION OF EIIVxROt?iI?'?AL WAGMISNm ?>J-DG
COMPLIMCE WITH TIME ILMa 'Il C:0.CLINA SNVIROrTMZNTAL POLICY ACT,
QUESTIONS REGARDING TIME STATZ CLEARINGHOUSE 11,EVYE34 PROCZES SHOMD FEE
DIRECTED TO MS. CHRY3 5AGGETT, 0IRECTOR STATE CLE2?,RZNGI40USE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREFT, RALEIGH,
NORTH CAROLINA 27603-©003, TELEPHONE [phone].
4

10. THi; FOLLOWING ITEI•is SHOULD BE INCLUDED WITH THIS APPLICATION IF
-PROPOSED ?f_-TIVITY INVOLVES TIME DISCHARGE OF EXCAVATED OR TILL MATERIAL
INTO WETLANDS:
a. S,ETLAND DELINEATION I•M SHOWING' UL CrETIuANDS, STREAMS, LAKES
}?t,0 PONDS ON THE PROPERTY (FOR NATIONVIDF, PERU= NUMBERS 14r 18t 2? ( 2Gj
,ND 38) . ALL 5TRZA14S (INTI M11TTENT AIM 2TP1dA2IEIZT) ON THE PROPERTY
s BE SI WU MI TI:E MAP . MAP SCALES SHOULD RE 1 ?7CH EQU.'1LS 50 rEET OR .L
INCH EQUALS 100 FEET OR THEIR EQTJrQUI;NT.
b. IF AV'AILJULF, REPRE._",EIgTATIVE VITOTOGRAPI{ OF WTTLJ-d1DS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WA.3 PnRF0MiEE) BY A CONSUITAI•IT, LNCL`JDE ALL DATA
SHEETS RELEVANT TO THE PI CM-1ENT or TIIE DELINEATION LINE,
d. ATTACH A COPY OF THE 3TORMtPATER MANAGZ14MIT PLAI•I IF REQUIRED.
e. W lAT 13 LAND USIE OF SMMOMTDING PI?O=TY? - -- -
Rural and residential.
f, IF APPLICABLE, WILAT I:3 PROPOSED t?MTHOD OF SL717AGE DISPOSi1L?
By City of Durham an:i.tary sewer sys.L-em to treatment facilities,
g, SIGNED AND D.`t= AGENT. ' iIUTHORI7,AT1017 LETTER, IF APPLIC"XBLE.
NOTE: WETLANDS OR WATEM O?-' THE U-13. MAY NOT 13E IMPACTED PRIOR TO:
..7.) Z55CL'?NCL Or. A J?'CTIc)?? x,04 CC?R??.f?.--QYr?--?:2'IC;`?'t7?rRS ?I??Z2gxT,
2) F,ITHER THE ISM-,NCE 01t WAIVER OF A d07.. D:CV1SION OF
ENVIRONMENTAL MANACTMEMT (SgATr R QUNLITY) CER'1'i.FICATI01q, AND
3) (33Y TI:Z TIYEN'.'Y GC?JI_?=.7., COUNTIES Ct%'U lj , A LETTER FROM THE
NORTH =OLIN7), OMS1014 Or COASTAL MANAC"1VNT STATING THE PMPOSED
ACTIVITY IS CONSISTENT MITIT TFIV, NORTH CARDLINA. COASTAL MANAI.EM.ENT
PROGRAM.
Ca swyck HVI', L . L . C .
By Cannon Advisory Part-ners, Inc.
By
A.D. Cannon, Jr., President December 19, 1996
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S S:IGNAT=, VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
a?notl A? ?c.wl?s Forte taT1o ODE. Z? ?'•? ?--.?- --. -.
'v-cv1SLv r?c? ?9, ?`?yb
17110 F 1 Ull l'-`D?s2EC-?t?,D
Z. DpD - 000
4. FF - 5 -7
3`j, zofo - ?
31 . kcaeSs 'Mo"..b OVF mLV-- PPQIc w ay
?. ccc -*E 3 25, o00 = 0,519C..
?¢. and- hee,&. -
1. CCr A
2 DDO l Z 3Gao
SbocrD - (.33
r INV V1S??K • (•}Y F l1G
ID S& c"L57041e.Tte3. W T1%f-- Y
ITY of tAp- e A `G.
CLL
7fC ?G 1?AD C p?jss?aC? ?l?C-' ? ,
Row oio rmm r=zo m I1llS oQ
A
?'U ct?T1 ?N . '?C RC?/IScb
??- F? mks ter-?uq(?o? ?r aP
? ? 5 I . `l Acv-e?
,?.,..,?? ?,?r?,,,? .? fay a,cc?s
t?od?p JLT rnuz.
? ccC?z
CCC#3
C-7' S, (Zo1C$nP-O Tt? 6E (_' STRuc1EP
S`f cAswic tNF, LL.G
xx
uu
UPI
' rALr-
?MY- l*l
dY C cm
of Dd 6
f /kv-cy fiNlzftc wQ[t-ti,1PS rAAPP14G, PLko
ww PK42PO.QC-t.> Pq wnn•y.Dc?lic S E4UQs 1.9.92
) COMMUNITY
?ISED
LEY FARMS
J GENERAL
ENT CORPORATION
DURHAM, HC 27707
17 NOVEMBER 1SS2

,. .,...;- / 4. _.... _.._. - - TING 68' DUKE
AXIS
AUTHORITY TRANS -
MISSION LINE EASEMENT
RED ? , v
FA ILY
a^
' /
v
I1.1 AC.-89 D
;fz / V
?
C-IA
n 5 ` h??Tt1MTl E1T72
2
4?t1
0-I
/ OFFICE
FtnMILr C4??4 r- `` 12.01 AC. NOTES:
x / ..? ?.. ALL OF TRACT! ExCEPT AREAS DESI ONATED
1 . (?Q?1 a4oncAAroeExartoP0n.
\ \ I X \ W TRAWTONEL USE BUEFER USE AS REOURED ON Pon
j ` •??•\ t •a \ PERIMETER.
C-1A
,,. + •`?? ? RETAIL. ? rwNCnETESIOEWAU(roeEIWTALLEOALoNDReANNDERaF
y7 r`' ti 14.65 AC:. CTF7"iCE SOUTH ROXBOTOSTREET.
Ul SEE DEVHAPOM AOREMENT FCR ADDTIOFML
! », OJ A 799 hi,
POR CCNDIrTIONS
4 Y 1
NORTHEASTERN TRACT Y TO NAVE A RANGE OF ONLY sa DUE
F?4? r r FV '? TO PREVIOUS ZON W LAIITATIONS
°O, OPEN SPACE
?? P 1
u•',p
SCATTERED
L`-i• c ' i? f' SINGLE FAMILY
LEGEND
ri' r1u? hrl Y I _ -_I INDICATES EXISTING ROADS
1 uF o
O
U INDICATES PROPOSED ROADS
SUPPOR
COMOM.A .,_ INDICATES TRACTS WITH DENSITY OT TO EX ? ?? -•! - __:: MAXIMEUMNDENSIITY FORPDR.RRFN7
i I
400 SOO
off ?,
n a<P tV '?+A,A,rJ
END ASPHALT
SOUTH ROXBORO ST. Q? T i 4°1 r?',
STA. 85+18.21
?? -- -END OF FXISTING 8' ASPHAI f TRAII r ? r'`?? -R
cA i
HOPEVALLEY
FARMS
\ NOTE: r ?ray" ??/?O? A PLANNED COMMUNITY
LEGAI. DFSCRIPTION OF PROPERTY SHOWN ON BOUNDARY SURVEY REVISED
SHADINr INDICAT" APPROX. AREAS OF FLOODWAY FRINGE HOPE VALLEY FARMS
- - ---- EXACT LIMITS WI@j,°BE SHOWN ON INDIVIDUA. TRACTS PLANS.
V q??
L?lrlr • Plydr • la4rw AnW?.n
A PLAN
IMPORTANT MESSAGE
Time-Date I anen oy
For
From
r

Telephone
? Telephoned ? Please call
Wants to see you [] Will call again
[ ] Returned your call ? URGENT
? Was here to see you
Post-it' telephone message pad 7662
ov- h- 137.101
Sweet Aw
TPUI Iw NM1 F.D.R. rMYen
Y rOy„MN OI1.]/
TOW WPM P.O.R. 411.70
TOTALFORENIFIEPRPECT 701.07
1221 -N..7
100/ we NNO 7

vf l(." I.?-
?
[
1•
?
U/e.I?
,
S-
1
3?
-
'
?
-
?
(//X
\ 1IT
,'
.If
?f.
??C11 ^
//
??
,. -(1 ?
(
.
.
.
,
?
/??
'?"" 1 "61/l„2'f 2/1 S,Q.GG.'T?f71?S 61NGLE FAMILY
."V-M-S '?J
JIAae-

#A 1
30' BUFFER - - - i r

lei
'
0 1 •:
.a T
'© M ? F
- R-20 n >Y
CALCULATION OF PON DENSITY
TOTAL NUMBER OF
TOTAL DWELLING UMfTS Pon DENSITY
ACREAGE MIN MAX MIN MAX
/ IIVVIS10n 003.70 1400 20/2 2.16 B.
510 Rlvl/lon 652.70 1100 2200 2.16 0.X0
ow
)N PRESENTED HIRE-ON 10 A COMPILATION FROM BOUNDARY
MURPHY-YELLS B ASSOCIATES ("CEDAR RUN ASSEMBLAGE" DATED
O7), SURVEY BY F. T. GREEN A ASSOCIATE! (-PROPERTY OF HOPE
ItURE" DATED 16 MAY 1098), AND A LANDUSE PLAN PREPARED BY
I B ASSOCIATES ("A PLANNED COMMUNITY, REVISED, HOPE VALLEY
1E0 22 OCTOSEII 1947, REVISED THROUGH 10 OCTOBER 1000).
INS REPRESENT PROPOSED PARCELS--REPLACINO RESIDENTIAL
I' THROUGH-U-, AND -SUPPORT COMMERCIAL" ON THE PREVIOUSLY
PLAN. THIS AREA PROPOSED FOR REVISION IS IDENTICAL TO THAT
1lSCRIDID AS "TRACT 0" ON THE PREVIOUSLY APPROVED PLAN AND
PANTING LEGAL O.SCFIIPTfom.
INOWN FOR PARCELS INCLUDED FOR PLAN REVISION (I.E., PARCELS
IN "SS", &;§-C") ARE INCLUSIVE OF OPEN SPACE ACREAGE. ALL
1 PROPOSEHEREON SMALL CONSIST OF BUFFERS, an"PI-AYS,
FACILITIES ON OTHER VEGETATED AREAS EXCLUSIVE OF RIGHTS-
INDIVIDUALLY OWNED LOTS.
'AY FOR AREA OF PROPOSED P.D.R. REVISION IS COMPRISED OF
ROXBORO ROAD AND JULIETTE DRIVE. PARCEL ACREAGES ARE
TO CENTERLINE OF DONALDSON DRIVE.
ENT OF DONALDSON DRIVE IS SHOWN ILLUSTRATIVELY. ACTUAL
MAY VARY SIGNIFICANTLY BASED ON MORE DETAILED SITE
1 THROUGH THE DESGN PROCESS.
DR THE PARCELS SHOWN ON THIS REVISED PLAN-(LE., PARCELS
/ 58) SHALL BE CALCULATED ON THE GROSS ACREAGE OF THE
USIVE OF COMMON AREAS WITHIN THE BOUNDARY OF THE PARCEL.
MAXIMUM NUMBER OF UNITS ALLOWED FOR ALL RESIDENTIAL
HOPE VALLEY FARMS (SINGLE AND MULTI-FAMILY) IS HEREIN
1 AT 2,294 UNITS, IN NO CASE SMALL THE ULTIMATE BUILD-OUT
ALLEY FARMS EXCEED THIS MAXIMUM OF 2,250 UNITS. THE
OD DENSITIES ON THIS PLAN CONFORM TO THE PREVIOUS ZONING
IRE LISTED ON EACH POD TO ESTABLISH THE MINIMUM AND
LOWABLE DENSITIES FOR EACH INDIVIDUAL POD, REALIZING THAT
IF ALL PODS SMALL NOT EXCEED THE 2,200 UNIT MAXIMUM. THE
LO-OUT OF ALL INDIVIDUAL POOS SHALL BE TABULATED AS
'T PROORESSES AND UPON REACHING THE MAXIMUM OF 2,250
IDITIONAL UNITS SHALL BE ALLOWED.
HOPE W
AMERI
REALTY INVEI
I501 HOPE VALLEY ROAD
1' - 400' SCATTERED
SINGLE FAMILY
EXISTING 66' DUKE
-- AIMIIIDITV TDA- J

?
P-40 DU;
d` N/APACE .r'

- SO?TN. lJ:
-

P? PACE

WOODCROFT
/
I`
REC.
BU
I

`-- From: MMn Bsdw To: Edo Gelemb 14:3221 110197 Pogo 2 of 3
919-490-4439 HOPE VALLEY FARMS 175 P02 JAN 06 197 14:37

Ai t
?y
}
4-
I
5
y
77
j ,
r ? y
y
? aid. o??xo? ?S
-4
' I

1?
From: Merin Becker To: Edo (elanb 10:00:17 3121107
919-490-4438 HOPE VALLEY FARMS
114's ilk? Awe& iw:.eo Fp,,,,, - n4c
1-611- VAU?Y X15 w6l Ojos t4APPI&,k,
R'l P9'0"' EN wrn.c>.?AUle..au?,ACScc
E4N4 go, ?• ^Np CwVi fl?,?y? ??`iA11K
flemor) iD ym-,EY
(?• I uF 2 /
Page 2 or 3
409 P02 MAR 12 197 16:58
mil, ?.W
oM iTl { u P 7a I SW W
? ?VIb115t-'Y (?y,?kTft'U
?ZJ1NTa5,?'ll.k.. IoM
A"'
LIU'-Amour Ttf 6w?? .,
n1+.r wlq ? A4. 1k94ai, 5&44

HM
kTJJ

r', r
r
r k3?.
r
r

' C
?kW Adr
Pgaoll)(x v PLmin?iTmU
1wr'm WC-1mLa Is o,

R
Q
From: MaAn Beaker Ta Edo Odrnb 1:00:47 3121197
919-490-4438 HOPE VALLEY FARMS
y
0 Pt H
Fp-'!tp QmN?CCC?IOOt?N"?001
t$ n
t0ti0 NNNUt+1C?f:77WN+1NAU1da?,p,
?.1 tPt,lQlf110d?A10tOmo?mtrJfD
(A N r?
f
?aa:ay?rrox?xc????vnoc?
WWNN+1 tUW N W WN
?Dco 0tj00 WO?AVrwW tDNNt.+VI
r-4wN0 ?O? Od1 %nUlgPQUl
ww-4AllW 0C+0or1??DW 1J1?+01 O A
?r+
r
P ?
r?
tl?
N
JtI ?
214
vyi f10 ztr-'X41H-'?i?7a0 "r
•r?17?W ?].INlWwoomw W WW WW AN
A t0 VI p? 01 T A p tp ?P Ol W d N OO
?DJAF'N10NN?P WN?Ph'01Q1?.1?1?
H ?
rt
1 QNKx ro
?? lA NI-A 1 is r+ iLIG Kx It
+f -J 00 t ae r+ t w M N, W
At o t Jao 1 oNV
.?T 1?L kD f vim i OOOwr?
to C
N N
L
n
Rut
M
Z
? t H
ts}
d ? W OD Oh N P'?i r'7
Ln ~ g

NI V fit) N N t-+Or
v N
V W W?PNN? ,"
wQ1H ?P1CAt'A
V1ctvL"6 W
N
Page 3 of 3
408 P03 MAR 12 197 16:59

W
00
00

W

? N
1-4 ?
L

P
N
L4
J
From: Merin Becker To: Dio Galemb
09:59:51 3121M
Martin Becker
600 Peachtree Street
Suite 3740
Atlanta, Georgia 30308-2214
SUBJECT:
Pepe 1 of 3
ax Cover Page
Per our conversation, I am attaching
the information showing the
requested wetland impact changes for
the 3.09 acre permit.
Please call.
Thanks,
Martin Becker

To: Eric Galamb From : Martin Becker
Pages: 3 9:59:02 3/21197 My Fax Number : 4041876-6725
For information Call: 404/876-3900
Greeted using WinFmx PRO 3.0 Deirina TecMology Inc.
Pam: Martln Becker To: Erb Galamb 74:0023 WNT
919-490-4438 HOPE VALLEY FARMS
ato?. '?1?an.a
oz ?76aosF
il?3 --11400Sf
MTN-- If - 311100 4F
oL o.
2 \
? \1
i N?n
AWLAAtog
Pape 3 013
167 P02 JAN 02 '97 12:47
A-cfA c m-Ag T A
h'
'I+I
TM
vv fo6lvl
+rN.PP+ PWJ
Y/Et+ua/ Kr?+MS .01)44-.
QRY.'?Ikp9q ?/ wM . [,,? jy,?>~?t?s 119gL
w"w
- -- prom: Merbn Becker To: Erb Gelemb 13119:12 IrM Pepe 1 013
Martin Becker
600 Peachtree Street
Suite 3740
A 4.1
I Al n Q '1') 1 A
ax Cover Page
CrwW udng WlnFex PRO 3.0 Darlrn Todmdogy Ina
ran/Mar In Backer To: Erb Galamb
Martin Becker
600 Peachtree Street
Suite 3740
Atlanta, Georgia 30308-2214
ax Cover
SUBJECT:
Attached is a revision to Attachment "A" of my
12/19/96 letter to you. Please note that
approximately .2 of the .9 acres of proposed impact
has been previously impacted by a sewer line.
I will call you Monday.
Thanks,
Martin Becker
15%9:50 117/97
To: Jean Manuele
Pages: 2 13:06:38 1/2/97
From : Martin Becker
My Fax Number : 404/876-6725
Pago2of3
Page
I For Information Call: 404/876-3900 1
CraaW using WInFau PRO 3.0 Delrlna Tadndogy Inc.
BECKER
R f'0
MARTINBECIER
December 19, 1996
961153
Faxed
Jean Manuele
U. S. Army Corps of Engineers
6508 Falls of Neuse Road
Raleigh, N. C. 27615
Re: Hope Valley Farms
Dear Jean:
/ q j q ?

J?P„
As committed in my letter to you dated December 18, 1996, 1 am attaching a modified NWP
request dated December 19, 1996 for the captioned property. In addition to a NWP permit for
the acreage shown in Attachment "A" of the accompanying application, Caswyck HVF LLC
respectfully requests a renewal of Permit Ws 199700013 and 199700014.
Thank you.
Sincerely,
zin Becker
Copies:
Brooke Lamson
Dick Cannon
Mitch Barron

•s

600 PEACHTREE STREET • SUITE 3740 • ATLANTA, GEORGIA 30308.404/876-3900
DEM ID: CORPS ACTION In:
NATIONWIDI: PERMIT REgUE3TP:b (PROVIDF NATIONE7DE PP!RMIT j)) : NWP 1(2 6
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PEIRMITS T1 A.T REQUIRE :
1) NOTI-FICATXMI TO T°ILr MR913 OY MT0I21RM"
y) "PLICATION MR _UCTION 401 =T1-D'ZC:SITI0N
3) COORDINATION NIT}Z =- 17C 01VIS701%, Or COQ.°"7.T, 2Sx2tAG3'dL*Ti2
SEtID TIM ORIGINAL AND (1) COVY OF TF71I CCypLET'!CD ?ItM TO 'I'III l?PT2QuRL?TE
F'II;LD or-TSCE OF = CORPS OF zNCI27ZRs (,qzz AC=C'1 ;MDRESSE3 SHEET) . SEVEN
(7) coPIES SHOULD BE SENT TO THE N.C. DIVISION dF ENVIRONt,iL-7TAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) .,}?f___ IP,_R_=.
1. OWNERS NAME: CASWYCK IIVF, L.L.C.
2. MAILING ADDRESS: 4501 Hope Valley Road, Durham, NC 27707
S0BDIVISION NIV4E: IIOpc Valley Farms
CITY:
Durham
STATE; North Carolina ZIP CODE:
27707
PROJECT LOCATION ADDRESS, INCLUDING 3UBDIVISION *I111E (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): SAME
3. TELEPHONE MS13ER (HOME) :
p7OP.K) : (91.9) 493-3228
4. IF APPLICABL • : A ENT' S NAI-IE OR RESPONSI=, CORPOP.ATE oF7^ICIAL, ADDRESS,
PHONE NUMnER: P(4041 8 76-3900
Martin Beckcr 600 Peachtree StrceL-, SuiLc 3740, Atlanta, GA 30308-2214
5. LOCATION OF WORi< (PROVIDE A MAP, PRErEPAt`3LY A COPY OF. 7SGS TOPOGRAPHIC
MAP OR AERTAL PHOTOGP.APHY WITH SCALE):
COUNTY: Durham NEAREST TOWN OR CITY: Durham

NUMBERS, LANDMARKS, 1;TC.) : South of proposed Martin LuL-her King Parkway
and west of Cook Road, locaL-ed approximately 1.50' southwcsL- of intczscction
of Mar Lin LuL-her King Parkway and Cook Roacl. Rcfel:ence Durham County
Tai; map No. 508-01-001
G. It•1PACTED OR NEAREST STP!''??- RIVER: Third Fork Crec): --- _-
RIVER BASIN: C.1t?? 1 ?,ti
7a. IS PROJECT LOCATED NUR WATER CLIt.SSIFIED XS TROUT, TIDAL SALTWATER
(S11) , HIGH QUALITY WATERS (11QW) , QUTSTAND.TNG RESOURCE WAMS (Wfl , WATER
SUPPLY (WS-1 OR NS-IT)? YES ( ] NO (\] IF YES, E!'PI??TN: ?-- -
7b. IS THE PROJECT LOCATED WIT?1I14 1k NORTH CAP,0ljlrir'A D-VISION Or COASTAL
?MNAGEEM NT A.R A OF E2I"JT?Z0b7tiEP7TAL CONCERN (TEC) '? YrD ( ] NO [;; ]
7c. IF THE PROJECT IS LOCATED WITTiIN A COItSTAL COMM (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES) , Ul4jAT IS Tf!E LAND USE PLAlq (LUP) DESIGNATION?
Ba. HAVE ANY SECTION 401 PERMITS BEEl 6 , IOUSLY PYxQUI]STED F'OR USE, ON
THIS PROPERTY? YES [` ] NO ( ) JT'YI;S, PROVIDE, ACTION Z.D. NUMBER OF
PREVIOUS PER141T AND ANY )ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF D101
CERTIFICATION) : 19970001.3 and 199 %00014
Ob. AF.E ADDITIONAL PERMIT REQUESTS EXPECTtD ,"OR THIS PROP}?lYTY IN THE
FUTURE" YES (K] NO [ J ZF YES, DFSC:RIBZ ANTICIPATED WORK: N?--:ionwisle_
permit will be rcquested for futu.r.c road c).oss:inq (or fi. Poyhnrn r ;,r7

9a. ESTTDfATED TOTAL NU,',!BnR Or ACRES IN TPACT Or LI114D: 780
9b. ESTIMATED TOTAL NUI-tDER OF 7lCSlES Or CTFTLA14D" LOCATED ON PROJECT SITE:
94 . ?.
2

10a. NUMBER OF ACRES OF WETLANDS 114PACTED BY TH! PROPOSED PROJECT BY.
FILLING : 1.9
EXCAVATION :
C'LOODING !
OTHER:
DRAINAGE : TOTAL ACRE.13 TU nE MPAC=D : 1.9
This is in addition to the 2.7 previously gran Led for a total of 4.6
job. (1) STRIJAM CI-1,'1NNEL TO BE IMPACTI n BY THE PROPOSED PROJECT (IF
RLZOCATFD, pROVXDE D?'ST MC?; DOTY BEFORE i1ND UTTER ULOCAT-rOM)
LENGTE BEFORE: 850 r
r
WIDTH BEFORE (b3:Jtid on normal. high wattr cont.ourE) : _ .5 n
WIDTH AFTER:
AVERAGE DEPTH BEFORE: 11 F)' ,U12ER: 0 rp
(7) 1`r1?E,'1r1 c?;:;L S? 1E'? ?'`l ?LT171_$l ? T Lr'ROt;: (CHECK ALL THAT A2PLY)
OPEN CHA.N21EL RELOCATION : PLACEI.'SCNT OF PIPE IN CI TU" TNEL : X
CHANNEL FXCAVATION: CONSTRUCTION OF A DAM/E-MOODING:
OTHER:
11. IF CONSTRUCTION OF A POND TS PROPOSED, SPRAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND7 N/A_ _
WHAT I5 TIM EXPECTt-D POND SURFACE AMA? N
12, DI sCRIP`SION "OF PROPOSED -WORM,' INCLCTDxNG-DI3GII5SZnN -dE-TY}' 2E. _ . ?._.__ .. ...
MCCIIANICAL EQUIP1•1ENT TO 13E USED (ATTACH PLANS: 3 1/2" X ill' DRAWINGS
ONLY) : Drainacfe channel is to be piped and killed over as wgjj-cIa fill
material to be iDlaced i.n uPl.ands area to facil.:i_tate commorci ?ijl
development and driveway access to Martin Luther. Kin( Park 1V L Mr?r?l?rln i Cd1
equipment proposed would include track hoc c xcava Lor?
13. PURPOSE OF PROPOSED 14ORK: To allow commerr•i al d In.I.n n maa;: AA-
prOvide for driveway access points to proposed Martin Luther King Parkway
3

14, STATE REASONS WIiY IT 13 BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS, ?_ (INCLUDOO ANY 14F.c?AS RESz .IICENcTOcMINMAZE nWET }LAND
XI3PACTS )
retail and office property prohibits the hi hest and c
the property due to visability, proximity and access.
-------------
-------------
15. YOU ARE REQUIRED TO CON'T'ACT THE U.S. ETISH AND WILDLIFE SERVICE
(Ua[IE} afiiD/DR NA7'TOi1%7, tilt?lli7Z E'I3liE??IE3GRV7GE (Nt) (7I?E t?Gci?CX
ADDRESSES SHEET) REGARDING THE PRn'9ENCE 01' ANY 'r=ERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT HAY BE UnCTED nY THE PROPOSED PRO EACH RESPONSES
CONTACTED:
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE 'IISTORIC?y PRESERVR'210Ei ortICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE Pv-ESr_,NC1: OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:.
17. DOES THE PROJECT INVOLVE AN ZXPENDITURE OF PUBLIC M- NDS OR THE USE OF
PUBLIC (STATE) LAND?
YES CI NO X1,1 (IF NO, Go To 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS Or TIME NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES O NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YT's [] No []
J F ANSWER TO lib 13 YES, THEN SUDMIT Al'" BOPi MAT pQQUISIJtdTAT LON FROti THE
STATE CLEARINGEOUSE TO DIVISION OF ENVIRONMENTAL M7LNACMEHT RE.'111D1NG
COMPLITLNCZ WITH TIME NORTH CTROLINA ENVIRONMZNTNL POLICY ACT.
QUESTIONS REGARD114G THE STATE CLEAR I14 GH0`U:3E REVTE3'7 PROCE33 SIiOULD BE
DIRECTED To MS. CHRYS HAGGETT, DIRECTOR STINT CL=INGEOUSE, NORTH
RALEIGH,
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 SfiGST JOt?T`ES STIlEE'1',
NORTH CAROLINA 27603-©003, TELEPHONE [phone].
4
?'r
10. THG FOLLOWING ITEMS SHOUID BE INCLUDED WITH THIS APPLICATION IF
pRQPOSED A?_-TIVTTY INVOLVES 7HE 1aISCHARGF OF EXCA.V7,TED OR FILL MATERIAL
INTO WrTLANDS:
a. K,ETLAND DELINEATION MAP IHOr7INC ?ikLL 7rL,T.i,AND3, STREAMS, LAKES
rln FONDS ON THE PROPERTY (MR NATIO"IBZ PERUIT NUMBERS 14r 18, 4 r Z,. G t
29, AND S0) . ALL STRY-MS (INTER14ITTENT AITD PEMA1TEITIT) ON THE PROPERTY
ILus BE SHOWN ON TI:E MAP . MAP SCALES 31TOULD r1r, 1 72gCH EQUALS 50 1~EET OR 1
INCH IJQUALS 100 FELT OR THEIR EQIIr7=NT.
b. IF AVAILABLr^..,. REPRE -?M7TATrVE 11HOTOGiUUT4 OF WIETLANDS TO BE
l IIdPAGTED 13Y PROJECT.
C. IF DELINEATION W7L? P):;RFOMiED BY A CONSU' TAIIT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PTACMENT Or THE DELINEATION LINE.
d . ATTACH A COPT OF THE 9TO RMWATER MANAOL*MENT PLAIT IF REQUIRED.
e. MIAT 13 LAND 13SE OF SURROUNDING PF?OPIrRTY? --
Rural. and residenti.al.
1. IF APPLICABLE, 9TIMT iJ P-ROPOSED IETI-IOD OF SE117AGZ DISPOSAL?
By City of Durham san.i.Lary sewer sysLem to treLtment, faci.l.ities.
g . SIGNED ANn DATnD AGENT ' AUTHOP,17,ATION LETTi?R, IF APPLIC-XDLE .
NOTE: WETLANDS OR WATFRB OF `PHIL U.S. MAY NUT, 13E 1MPACTEI7 PRIOR TO:
..?.) xSSCI.'tNCr OF. A ?x?CTl;O??X04 CC7R.??.C.__Q??'--E?t•TG;C'NT:?EIL? )?rR2SIT,
2) EITHER THE ISSMANCE OH. WAIVER OE` ..A...dO D: VISION yOF
ENVIRONMENTAL MAN7V:;IMENT (SgATr R QtIALITY) CERTIFICATION, AND
3) (Z9 17:ZE T1VE 7TY CCA, TAI, COIINTIZS (2,r 1) , A LETTER FROM 'ill;
NORTH CAAOLTKTX OMSION Or CCMTAL MANAG' NT STATING THE PROPOSI;ta
ACTLVITY IS CONSTSTENT 'TITIT TTIT,' NORTH C1aTtO=% COASTAL MANAGEMENT
PROGRAM.
r.; ; Caswyck T1VF , L . L . C .
-By Cannon Advisory P•?rLncrs, Inc.
By
A.D. Cannon, Jr., President. December 19, 1996
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDEn (18g.))

NDtx-SoIAAt- IAETLA IM for- t4A.TIOI-Wlm Z6 (-C4-
( fvv. S. V-bx81-,RO 'tzo. ? ! 6 ft Vl Lel F W-M S
coo Lec&.1449 e S. Qo?tB
Z. DDO - 1000 C am)
3. EEE - q ?
C FF - 573
a • ?C46S T4,bb OFF mLV--• PPkIG.W NY :
I. cC.C A 3 ZS, 000 = O S?Ai?..
yL on}?- a?g
1. C C_r A 2. -5+,,4.00 sr
0. 0 D0 2- 360\3
Sboua - 1.33
MA?•T?a um?-K,?l? r''ae?w?Y
'tt7 ?6 f??L?SL1cT rR? y
CITY of bdb?aVl
7 -Tk- 1?,jAz p-c?ssI A(Ns a?
Row oim rrTE'n fizoM lS
-PT,j-• fad T1ktS &Akl(A -lom
is I . AcKc?, r.

I (I
Y
5. QoxeooA -tQ t r calM c vo
-WQ
w?n,.?.tas ?aE,ar?,J ?
? ccc?z
ccc*3
Tb 6e Cyl
l`r U.SWCV--twri L.LG
xx
uu
f:?Jvdge pttL-Z.'qjv-bAu
ta.r-?- ITT mu- %1Ay
' M?-k-
PAtKwPt
dY ?m
W '? ?k s pa r w„ dC, -tx tc??a F -e,n T*c
f?PE d?. Y PAR h t wQs-?rIAS rA0p W, PuuJ
pp?Pr?? gy wnn.U.DA?d?c s Elkk4 '1.9.97-
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
RF?F??Ro
MEMO F,,,vF?? ? /' 199
RpN
J
Date: February 25,1997?TAC
To: John Dorney, DWQ
From: Kevin Martin
Re: Hope Valley 401 Water Quality Certification
Via Facsimile: 733-9919 (1 page)
As per our conversation last week, it is my understanding that you have no
objection to postponing your April 1 deadline for submission of a mitigation
plan for 0.9 acres for the above named project. The postponement is needed
because we are currently working with the Corps and the City of Durham to
develop a mitigation plan for impacts that occurred in the late 1980's (your office
did not require mitigation for that permit) during construction of Roxboro Road.
We are also planning to prepare a request for additional impacts due to an
extension of Roxboro Road that your office and the Corps will both require
mitigation for. We agreed that it would make better sense environmentally to
construct one mitigation plan for the entire project rather than piecemealing
several. Due to the time since the original impacts, the Corps needs to access
their old files in Wilmington to determine the mitigation required. We will
begin planning when they have retrieved that information and finalized the
method to proceed with the road extension. Please verify that you concur with
the extension of your deadline.
cc: Mitch Barron, Hope Valley
KCM/mag
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification and
Mr. Mitch Barron
4501 Hope Valley Road
Durham, NC 27707
Dear Mr. Barron:
M1.9MA
dft
?EHNR
March 24, 1997
Durham County
DWQ Project # 961153
ADDITIONAL CONDITIONS
You have our approval to place fill material in 0.90 acres of wetlands or waters for the purpose of commercial
development at Hope Valley Farms subdivision, as you described in your application dated 19 December 1996, 2
January 1997 and 6 January 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers. This Certification replaces one issued on 10 January 1997.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application.
Compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval
to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Coordination with the Corps of Engineers regarding previously required compensatory mitigation shall be
done by 1 May 1997. A draft wetland/waters mitigation plan shall be submitted to DWQ for written approved by 1
July 1997. Mitigation shall follow DWQ rules as outlined in 15A NCAC 2H.0506(h) (see attached guidance).
Planting shall be completed by 1 January 1998. A DWQ approved stormwater plan will be required prior to
impacting wetlands. Deed restriction shall be placed on all remaining wetlands in Hope Valley Farms subdivision
except for the area that may be impacted by S. Roxboro Road extension and Martin Luther King Parkway prior to
the completion of the impacts to wetlands. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Domey at 919-733-1786.
Pee on oward, Jr. RE
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Kevin Martin; Soil and Environmental Consultants
Mr. Martin Becker 961153.1tr
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
J,: EEM - ENVIRONMENTAL MANAGEMENT T15A: 02H.0500
ecologically viable method of replacing the lost functions and values.
(6) All mitigation proposals shall provide for the replacement of wetland acres lost due to the proposed
x activity at a minimum of a 1:1 ratio through restoration or creation prior to utilizing enhancement or
preservation to satisfy the mitigation requirements, unless the Director determines that the public good
would be better served by other types of mitigation.
(7) Wetlands mitigation shall be conducted based on the following ratios (acres mitigated to acres loss); 4:1,
for wetlands located within 150 feet of the mean high water line or normal water level of any perennial
or intermittent water body as shown by the most recently published version of the United States
Geological Survey 1:24,000 (7.5 minute) scale topographical map; 2:1, for wetlands located between 150
feet and 1,000 feet from the mean high water line or normal water or intermittent
water body as shown by the most recently published version of the United States Geological Survey
1:24,000 (7.5 minute) scale topographical map; and 1:1, for all other wetlands. For linear projects which
impact less than 3 acres of wetlands the ratio shall be 2:1 regardless of the distance from surface waters.
The above ratios apply only to restoration. The acres of required mitigation for the other types of
mitigation shall be determined by multiplying the above ratios by 1.5 for creation, 2 for enhancement,
and 5 for preservation. The above ra os o no app Ty to approved mitigation sites where the state and
federal review agencies have approved credit/debit ratios. This Subparagraph shall not apply to general
certifications until the Department has established a wetlands restoration program or until January 1, 1997,
whichever occurs first.
(8) Mitigation for impacts to wetlands designated in Paragraph (c) of this Rule shall be conducted within the
same river basin and physiographic province when practical. Unavoidable losses of wetlands adjacent to
waters classified as WS-III shall be replaced within the water supply watershed when practical.
(9) Mitigation for impacts to wetlands designated in Paragraph (d) of this Rule shall be of the same wetland
type and located within the same river sub-basin when practical. Mitigation for impacts to wetlands
adjacent to waters classified as WS-I or WS-II shall be replaced within the water supply watershed when
practical.
4 (10) Mitigation for impacts to wetlands designated in Paragraph (e) of this Rule shall be of the same wetland
type and within the same watershed when practical.
(i) The Director shall not duplicate the site-specific application of any guidelines employed by the United State
Army Corps of Engineers in evaluating permit applications under 33 U.S.C. 1344 and applicable federal regulations.
History Note. Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
E„ . October 1, 1996.
.0507 ISSUANCE OF CERTIFICATION
(a) Time limit for Final Action on Certification Application. All applications for certification shall be granted
or denied within 60 days after receipt at the offices of the Director in Raleigh, North Carolina. Failure to take final
action within 60 days shall result in a waiver of the certification requirement by the Director, unless:
(1) The applicant agrees, in writing, to a longer period;
(2) Final decision is to be made pursuant to a public hearing;
(3) Applicant fails to furnish information necessary to the Director's decision;
(4) Applicant refuses the staff access to its records or premises for the purpose of gathering information
necessary to the Director's decision or;
(5) Information necessary to the Director's decision is unavailable.
(b) Time Limit for Final Action on Certification Application After Hearing. All applications for certification
shall be granted or denied within 60 days after public hearing. Failure to take final action within 60 days shall
result in a waiver of the certification requirement by the Director unless the applicant otherwise agrees in writing,
or unless Subparagraph (a)(3), (4), or (5) of this Rule shall apply.
(c) Conditions of Certification. Any certification issued pursuant to this Rule may contain such conditions as
the Director shall deem necessary to insure compliance with Sections 301, 302, 303, 306, and 307 of the Federal
Water Pollution Control Act Amendments.
(d) Modification or Revocation of Certification
(1) Any certification issued pursuant to this Rule shall be subject to revocation or modification for violation
of conditions of 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act Amendments.
(2) Any certification issued pursuant to this Rule shall be subject to revocation or modification upon a
determination that information contained in the application or presented in support thereof is incorrect or
NORTH CAROLINA ADMINISTRATIVE CODE 10115196 Page 5
N,
D.E•PARTMENT'OF THE ARMY
WILMINGTON, DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
. ?. WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
- ATTENTION OF January 9, 1997
Reg.ul.atory Branch
RECEIVED. ar
Faun uu
AN 13 1991
.ENVIRONMENTAL 9(;C.1N)(,(r',S. . .
Action ;..ID No. .199700199. and -Nat.iopwide Permit.. No: 26
and Isolated Waters)
?\v
Mr. Mitch Barron
CASWYCK HVF, L.L.C.
4501 Hope Valley Road
Durham, North Carolina 27707
Dear Mr. Barron':
(Headwaters •,
Reference your application of December 19, 1996, subsequently
modified on January 2, 1997, for Department of the Army (DA)
authorization to impact 0.9 acre of jurisdictional waters of the
United States, located above the headwaters of an unnamed
tributary to Third Fork Creek, associated with the commercial
development of your property (780 acres) known as Hope Valley
Farms. Specifically, the proposed impacts are located southeast
"off+:tk?e planned iritt sgction of Martin Luther Kinrg. Parkway and
South Roxboro Roach, .west of Cook Road, in Durham,.' Durham County,
North Carolina. The subject request is in addition to 3.09 acres
of jurisdictional impacts (2.7 acres for work within headwaters
and 0.39 acre for minor road crossings) previously authorized by
DA nationwide permits as confirmed in our letter to you of
September 6, 1994.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330.6,
published in the Federal Register on November 22, 1991, lists
nationwide permits. Authorization was provided, pursuant to
Section 404 of the Clean Water Act, for discharges of dredged or
fill material into headwaters and isolated waters.
Your proposed work, impacting 0.9 acre of wetlands located
above the headwaters of an unnamed tributary to Third Fork Creek,
is authorized by this nationwide permit provided it is

-2-

accomplished in strict accordance with your submitted plans, the
enclosed* conditions.,•a.nd prgvided you.teceive a• Section 40J water
quality: certification from the 'North Carolina Division of Water
Quality (NCDWQ) prior to January 21, 1997. You should contact
Mr. John Dorney, telephone [phone], regarding water
quality certification. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local
approval.
This verification will be valid until the nationwide permit
expires on January 21, 1997. If you commence, or are under
contract to commence, prior to January 21, 1997, you will have 12
months from that date (January 21, 1997) to complete the activity
under the present terms and conditions of this nationwide permit.
Please note, as previously discussed with you and your agent,
Mr. Martin Becker, that any request for authorization of
jurisdictional impacts associated with the construction of South
Roxboro Road will require an individual DA permit, and must
include a complete mitigation plan addressing past and proposed
impacts associated the construction of South Roxboro Road.' In
addition, all existing and future jurisdictional impacts
associated with Hope Valley Farms will be considered cumulatively
for the purposes of DA permitting pursuant to Section 404 of the
Clean Water Act.
Questions or comments may be addressed to Mrs. Jean B. Manuele,
Raleigh Field Office, telephone [phone], Extension 24.
Sincerely,
C:?- 4'. ??#?
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosure

-3-
`Copies ' Furnished (without. encfosur?6)
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health aHd
Natural Resources ?/
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Martin Becker
600 Peachtree Street
Suite 3740
Atlanta, Georgia 30308-2214
Mr. Steve Medlin
City/County Planning
101 City Hall Plaza
Durham, North Carolina 27701
Mr. Kenneth Wright
City Engineer
Department of Engineering
101 City Hall Plaza
Durham, North Carolina 27701
From: Merin Dedw To: Fula Gai mb ft- -20 1AW7 Page 1 of 2
Martin Becker
600 Peachtree Street
Suite 3740
Atlanta, Georgia 30308-2214
ax Cover Page
SUBJECT:
Attached are several potential mitigation areas at
HVFs. Please call me if you need to make a site
visit.
Also, is the following language acceptable to include with the
proposed convenants?
"However, subject to the approval of NCDEHNR, HWs
wi"e allowed to swap areas approved for impact in DEM
Project # 92445 that have not been impacted at the time of
the request for impacts to sites having comparable wetlands
value."
1f
Thanks,
(Martin Becker
To: Eric Galamb
Pages: 2 13:12'40 1/13/97
From : Martin Becker

I My Fax Number : 404/876-6725 1
I For Information Call: 404/876-3900 1
Created using WInF®c PRO 9.0 Delrina Tednology Ino.
From: Merin Becker To: Edo Oelemb 19:13:50 IM=7
919-490-4439 HOPE VALLEY FARMS
3

Pepe Z of 2
196 P02 JAN 13 197 12:56
3 ® ?
a
3
?? 00lfll
6
d
w '
Febru y 20, 1995 ' .
C0'1\'IPLIA%irv -1c`rn79 WRTLAhrDS REGULA170N"S
In accordance with Title 15 NCAC 2H .0500, the follo?vi:: DEED R .S=TXOhIS Ai
PROTECTIVE COVENANTS shall' be recorded in
Covenants shall ?aop prior
name of
conveyance or lots. Said Deed Restrictions and Protectiv
subdivision, lot numbers in county County, Forth Caro L,-_ as shown on plans titled or
subdivision plan prepared by name of designer'dated date:
"A porron of this lot has been determined to tneet tie requirements for
desigza`?on as a regulatory wetland. Any subsegle:iL;'? or a-atioa of
this wedand shall conform. to- the. requirements of State w dueler
at __
adopted by the State of Nforth Carolina 1n force time 0
proposed alteration_ The intent of the deed restriction is to preheat
additionL wetland fill, so the property owner shoLd not assures that a
future application for fill will be for fM will be appMved_ -The.properY
-owner shall report the , name of the subdivision, ., any applicz-tion
perta?ning to said ?,?edand rules. This covenant is -intended to ensure
continued compliance with wetland rules adopted by the State of 'NNortth'
Carolina and therefore benefits may be enforced by the State o= North
ding on
Carolina. This covenant is to run with the land and shat be b:-.
all parties and all persons claiming under-.them.".
Owner's name
address (signature)
city, state
r •
Phone: O phone no.
STATE OF NORTH CAROLLRNA
COUNTY OF COUNTY ' ' .
a Notary Public of the State of -North Carona, County of county,
I,
hereby certify that owner personally appeared before me gars day and executed the above
dertification.
Witness my hand and notarial seal, this day of 1995.
(Notary Public)
deedr..s.me in

9T(I)- t&
?// IFq
-?o
I?
w-0 ()

wow o??? -??
p,dl
(C??)LV\O,k v) ctl:7 1
04

+ T-o?os ---
??sil9z
A OYVV,,,P, ? V- U5(?-s

From: Martin Becker To: Eric Galamb
10:28:13 4111187
Martin Becker
600 Peachtree Street
Suite 3740
Atlanta, Georgia 30308-2214
Pape 1 o11
jFax Cover Page
SUBJECT:
Per our conversation, as a result of
the DEHNR letter dated 3/24/97; Hope
Valley Farms is proceeding with the issue
of previously required mitigation. It has
done everything it can do until the COE
makes a decision on who is reponsible for the
mitigation. 1 will keep you advised. Please
call me if you have any questions.
Thanks,
Mat-tin Becker
Copy - Mitch Barron
To: Eric Galamb
Pages:1 10:27:28 4/11/97
From : Martin Becker
My Fax Number : 404/876-6725
For Information Call: 404/876-3900
Created using WlnFax PRO 3.0 Deirins Tedxrology Inc,
r From: Merin Becker To: Edo Qelemb 110:40 1107 Pepe 2 o12
May 13.1900 10:36AM FROM TO 99766725 P.01

f

1
G
?
r
VE F
,,,? ? YYYyQQQ??j b
i

TOTAL P.01
From: Main Bedwr To: Ede Odemb 11:06:15 1007 Pepe i of 2
Martin Becker
600 Peachtree Street
Suite 3 740
Atlanta (xxnrrria '10109-111A
ax Cover Page
Oreged udrp VAnFex PRO 9.0 DNdne Tedndopy Inc.
From: Mardn Becker To: Erb Oelemb 1227:09 118107
TROUTMAN, SANDERS ID:404-885-3952
Stag of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Managem*nt
James B, Hunt, Jr., Governor
Jonathan I Howes, Secretary
A. Preston Howord, Jr., P.E. Director
APPROVAL of 401 Water Q"Rty CertMeation
Mr. Mitch Barron
American General Realty Invea3tment Corp.
c(o Hope Valley Farms
4601 Hope Valley Road
Durham, N.C. 27707
Dear Mr. Barron:
Page 2of0
JAN 08'97 11:50 No.001 P.01
FMWA
I*A
A&?4m*
[DEHNR
August 11, 1994
Durham County
DEM PMect # 04742
COE # 19OW3192

You have our approval to place fill material in 3.09 scree of w r wi telii for
the purpose of residential development at Hwy 751 (Hope Valley Farmsas you described
in your application dated S August 1994. AtUr reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Numbers 2671 end
2752. These certifications allow you to use Nastioawide Permit Numbers 26 aad 14 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 got any other federal, state or
local permits betbre you go ahead with your prgiect.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask fbr a hearing, Pend a written petition which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearing, P.O. Box
27447, Raleigh, N.C. 27811-7447. This certification and its conditions are final and
binding unless you ask for a hearing,
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-788-1786,
9inoerely,
Xn Hard, r P.E.
rector
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Oice
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants 94742.1tr
P.O. Box 29636, Ildelgh, North Ca'ollno 27626-0636 Telephone [phone] FAX [phone]
An Equa opporftmN Af 1rrnallvo Action Employer SM recyclod/ 1096 pw-conaumor paper
From: Merdn Bed ier To: Erlo Gelemb 1227:52 IAV07 Page 9 of 8
TROUTMAN. SANDERS ID:404-885-3952 JAN 08'97 11:51 No.001 P.02

.47
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section _0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CF'R 330 Appendix A (s) (26) of the Corps of 3ngi-
neers regulations (i.e., Nationwide Permit No. 26).The cate5.7ry
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the activity does not
result in the loss or substantial, modification of 10 acres or
more of waters of the United States, including wetlands. This
Certification replaces Water Quality Certification Number 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303. 306
and 307 of the Public.Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of greater than
one-third of an acre of such waters, including wetlands,
requires a written concurrence from the Division of 2ovi-
ronmental Management.
2. Proposed-fill or substantial modification of equal to or
le t,than one-third of an aaro of such waters, including
wetlands, does-not require written concurrence from the
Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout,
HOW, ORW, WS-I and WS-II watersheds requires public
notice and an individual 401 Certification from the Divi-
sion of Environmental Management;
4. That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10
NTUs in trout waters);
5. That additional site-specific conditions may be added to
projects with greater than one-third of an acre impact
which are proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent st andardal
6. Concurrence from DEM this Certification applies to an
individual project shall expire three years from the date
From: Martln Becker To: Erb Oalemb 1228:01 118107
TROUTMAN, SANDERS ID:404-885-3952
of the cover letter from DEM.
Nw? Z
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submis$ion of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best intereEt by the Director of the North Caro-
lina Division of Environmental Management.
This is the 21st day of January, 1992
DIVISION YRONMENTAL MANAGEMENT
T.(V11erett, Director
gencert.26
jrd/gc
Page 4of8
JAN 08197 11:51 No.001 P.03
WQC# 2671
From: Marlin Becker To: Eric Oelamb 1229:17 118/07 Pape 5 of 8
TROUTMAN, SANDERS ID:404-885-3952 JAN 08'97 11:52 No.001 P.04
GENRRAX. CERTIFICATION FOR PIZOJEC79 ELxQxBLE ?•(°?
FOR CORPS OF ENGINEERS NA`, 1 NWIA ERM NUMB 4 R „ 1i
, ,
• CROSSINGS) - /?"'°
This general Certification is issuel lip' c Lf??r. +++.r j tivith the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the-North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 For the discharge of fill mate-
rial to waters and wetland areas as described in 33 CPR 330
Appendix A (B) (14) of the corps of Engineers regulations (i.e.,
Nationwide Permit No. 14) . The -category of activities shall
include any till activity for road crossing and is Iitui.ted to
fill less than one-third of an acre, This Certification replaces
Water Quality Certification Number 2177 issued on November 5, ,
1987 and Water Quality Certification Number 2666 issued on Janu-
ary 21, 1992.
The State of North Carolina certifies that the specified
category of adtivity will not violate Sections 301, 302, 303, 306
and 307 of the Public saws 92--500 and 95-217 if conducted in
accordance with the conditions hereinafter set foith.
Conditions of Certification:
1.
2.
3
6

Proposed fill or substantial modification of
wetlands under this General Certification requires writ-
ten concurrence from the Division of Environmental Man-
agement. Projects which impact waters only do not
require written concurrence.
If written concurrence is not issued by the Division of
Environmental Management-within 45 days from receipt oA a
complete application by the Division's 401 Certification
Office in Raleigh, then 401 Certification is deemed to be
issued as long as the applicant follows all other
conditions of this General Certification unless'
additional information is requested in writing by the
Director or his designee;
The width or the till, is limited to the minirnurn needed
for the actual crossing;
That the roadway width shall be minimized as much as
practicable and that no pract.ieabie alternative exists;
That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTTJS in
all saltwater classes, and all lakes and reservoirs; and
10 t1TUs in trout waters l ;
Measures shall be taken to prevent live ox fresh concrete
from coming into contact with waters of the state until
the concrete has hardened;
That additional site-spec' f' c con_ t inn a may be added
From: Mertln Becker' To: Eric Qelemb 1228:47 1/9187 Pope 6 et9
TROUTMAN, SANDERS ID:404-885-3952 JAN 08'97 11:53 No.001 P.05
'projects proposed under this Certification in order tv
ensure compliance with all applicable water quality and
effluent standar48
8. Concurrence from DEM that this Cexti.fioation applies to
an- individual prof eet shall expiry thrgp yeac3 from the
date of the cover letter from DEM..
Non-oompliance with or violation of the conditions herein scat
forth by a specific fill 'project shall result, in revocation of
this Certification for the project.
The Director of the North Carolina Divi Sion of Environmental
Ianagement may require submission of a formal application for
individual cartifi.eation for any project in this category of
activity, if it is determined that the project is 1•ikelyto have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for-specific applications or
group of applications prior to a Certification decision if deemed
in the public's best Interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the lot day of May, 1992
DIVIOXON 0 -NVIRONMENTAL MANAGEMENT
George T. verett, Director
gencext.14a
wQC #2732
From: Merin Bedw To: Erlo <kIwnb U 20 8 118197 Page 1 of 8
MMartin Becker
600 Peachtree Street
Suite 3740
A tlaimi-n (:anrrYin '2010Q 111 1 it
ax Cover Page
Created ueing WlnFex PRO 3,0 Deldne Tedndopy Inc,
Soil & Environmental Consultants, Inc.
244 West Millurook Read ¦ Raeigh, Noith Carolina 27609 ¦ [phone] ¦ Fax [phone]
Mr. Eric Galamb
Environmental Specialist
NCDEHNR-DWQ
4401 Reedy Creek Road
Raleigh, NC 27607
October 24, 1997
Re: Revised Mitigation Plan for I lope Valley Farms - DWQ Project # 961153.
Dear Mr. Galamb:

K

y

L
,

N
Attached is the revised mitigation plan for I-lope Valley Farms as required in the
conditions of the 401 Water Quality Certification dated March 24, 1997. The original
draft was submitted June 27, 1997. You responded with comments in a letter dated
October 3,1997. Comments 1 - 13 have been addressed in the revised plan. Comment 14
relative to higher mitigation ratios cannot be addressed at this site due to limited space. It
was my understanding from Kevin Martin at our firm that the initial mitigation area
required was 0.9 acres. This was apparently discussed between Kevin and John Dorney.
Questions concerning that initial requirement should probably be discussed with those
individuals. In order to meet the January 1, 1998 planting deadline, this site is the only
area which may be addressed by this document.
Due to the compressed schedule for site preparation and planting, please respond with any
additional comments as soon as possible. Thank you for your consideration.
Sinc
4ike OAosk
NC Licensed
cc: Mitch Barron
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audit
On-Bile Waste "Treatment Systems, Evaluation and Design

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary 1:3 E H N F1
A. Preston Howard, Jr., P.E., Director
October 3, 1997
Ms. Jean Manuele
Raleigh Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Dear Ms. Manuele:
Re: Draft Mitigation Plan for Hope Valley Farms
Durham County
DWQ Project #961153
On September 25, 1997, you and I met with Mr. Mike Ortosky regarding the Hope
Valley Farms Project in Durham County. During this meeting, we decided that I would
continue to review the draft mitigation plan for the project and provide comments to
you.
This plan has several purposes. The plan was developed to mitigate the 0.90 acres
of impact associated with Hope Valley Farms (past and current impacts exceed 1.0
acre), and to mitigate for S. Roxboro Road extension permitted years ago. The COE
did not require mitigation for the 0.90 acre project and DWQ did not require mitigation
for the S. Roxboro Road project. However, DWQ recommends that there be separate
mitigation locations for these impacts although these locations could be adjacent.
The following comments are based on the June 27, 1997 Draft Mitigation Plan for
Hope Valley Farms. We believe that these comments need to be included in the Final
Mitigation Plan.
1) The project does not include a vicinity map. The site map should have another
reference point on it such as another named road
2) The plan states that a shallow freshwater marsh wetland will be created. The
impacted wetlands were bottomland hardwood systems. Therefore, the mitigation
is out-of-kind. We believe that if the plantings are altered to include Ouercus =.
and freshwater marsh herbaceous species such as Pontederia data are removed,
the mitigation approach would be acceptable.
\ (/ 3) The mitigation plan correctly identifies the need for a reference wetland. The
plan does not include a map of the refer we _does.itpropose_to
monitor th"tB'-s hydro gy Apparently, the reference wetland's hydrology is
driven by overbank flooding. Therefore, the plan should propose to visually
inspect both wetlands during flooding events during the growing season.
4) The elevations in the reference wetland range from 93.1' to 93.4' but the final
surface elevation of the created wetland will be no higher than 93.5'. DWQ is
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

Page 2
DWQ Project #961153
Hope Valley Farms
concerned that portions of the created wetland will be higher than the reference
wetland The narrow tolerances in elevation may require fine-grading decisions.
We believe that the consultant should be present during grading to check the
elevation.
5) The March 24, 1997 Certification requires that the wetland mitigation plantings
be completed by January 1, 1998. We believe that the mitigation plan needs to be
changed to allow for the plantings to be completed by this time frame.
6) DWQ should be copied on all information (annual reports etc.) regarding this
mitigation plan and site that is sent to the COE.
7) The plan fails to set specific dates. For compliance purposes, dates should be
set for as built plans, inspections and reports. DWQ recommends that the
vegetative monitoring be completed by October 1 with the annual reports being
submitted by November 15.
8) Current COE/DWQ policy requires a site to be inspected/sampled for 5 years.
The plan should be altered to include this requirement.
9) Vegetative success should be based on the number of trees alive at the end of a
period of time. Usually, 320 stems per acre should be alive by the end of the fifth
year. Percent of vegetative cover would apply only to herbaceous wetlands such
as marshes.
10) DWQ recommends that pioneering species (such as sweetgum and red maple)
not be proposed for planting and that they not exceed 10 percent of the total
composition.
11) Fertilization and lime applications should be based on soil samples. It is
easier to apply these amendments prior to plantings than to come back and try to
minimize vegetative damage and soil compaction after the trees have been planted.
12) The section on plant material specification is excellent.
13) There is no plan for final site dispensation. The site must remain a wetland in
perpetuity. Also a long term management plan needs to be developed
14) The mitigation site does not fully satisfy our mitigation requirements. Since
the project impacts are between 150' and 1000' of a topographic map blue line,
Hope Valley Farms needs to create 2.7 acres of wetland. The mitigation plan is for
1.1 acres. If the COE decide that this one site can satisfy the two separate
mitigation requirements, Hope Valley Farms would be short 1.6 credits.
According to our rules, they can either create another 1.6 acres, restore 1.1 acres,
6.4 acres of enhancement or 16 acres of preservation in addition to the proposed
creation. Should the COE decide that the site cannot be used twice, DWQ
recommends that this site be used to satisfy the Roxboro Road mitigation
requirements. Our offer to participate in the Wetland Restoration Program still
Page 3
DWQ Project #961153
Hope Valley Farms
stands. In this case, the 0.9 acre impact would need 2.0 acres of mitigation at
$24,000/acre. Therefore, they could pay $48,000 to satisfy the 401 requirements
or they may pursue the mitigation on their own.
Thank you for the opportunity to comment on the mitigation plan. Should you
have any questions, please contact me at 733-1786.
Sincerely
Eric Galamb
Environmental Specialist
cc: Mike Ortosky; S & EC
Wilmington District Corps of Engineers
Central Files
John Dorney

Lo - vJ I?
?? sir s