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Home My WebLink About20091346 Ver 3_USACE Correspondence_20120209DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTION OF February 7, 2012 Regulatory Division Action ID: SAW- 2008 -00967 Springs Investors LLC c/o Mr. Kyle Ward 1000 Darrington Drive, Suite 105 Cary, North Carolina 27513 Dear Mr. Ward; COPY i ,I FEf3 9 2012 DENR - WATER QUALITY SANDS AND "IlRftfjE BRANCH Reference the Department of the Army (DA) permit issued to you on January 10, 2011, for impacts associated with the New Hill Place mixed use development. The project is located northwest of GB Alford Highway (Hwy 55 Bypass), adjacent to the intersection of GB Alford Highway and New Hill Road (SR 1152), in Holly Springs, Wake County, North Carolina (35.664727N, - 78.848884W). The site encompasses 168.83 acres, comprised of four parcels of predominantly wooded land (ranging from 18 to 98 acres) and nine small historically residential parcels, adjacent to the four -lane NC Hwy 55 Bypass. The site lies within the Little Branch watershed in the Cape Fear River Basin. The proposed road would cross all four of the tributaries flowing into Little Branch and would impact 1,040 linear feet (If) of perennial stream channel and 0.044 acre of riparian wetlands. The proposed construction of the commercial and residential areas of the development would impact a total of 3,0661f of intermittent stream channel and 0.827 acres of riparian wetland due to grading and lot fill. In order to offset all unavoidable impacts, the applicant has proposed payment to the North Carolina Ecosystem Enhancement Program (NCEEP) for restoration of 3,9861f of stream channel within the Cape Fear River Basin (Cataloging Unit 03030004). Also, reference is made to your permit modification request received by the Corps on January 24, 2012, made by your consultant, Mr. Ben Wilson. Specifically, you requested to modify Special Condition "5" of your permit, which addresses compensatory mitigation for your project, to provide for phasing of the mitigation to coincide with construction and the jurisdictional impacts associated with the three phases of the project. The Corps has completed the evaluation of your request and concurs with your request. Accordingly, Special Condition "5" of your permit is hereby modified to read: " In order to compensate for 0.871 acre of permanent impacts to wetlands and 4,106 linear feet of stream channel, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 3,986 linear feet of warm stream channels and 1.75 acres of riparian wetlands in the Cape Fear River Basin (Cataloging Unit 03030004). Construction within jurisdictional areas on the property shall begin only after the permittee has made payments per the below mitigation table to the NCEEP and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the In -Lieu Fee Instrument that was approved by the United States Army Corps of Engineers on July 28, 2010. The applicant will make phased mitigation payments to the NCEEP as listed in the table below. The cost of credits will be the current price at the time of payment, not the current price at the time the permit of this modification was issued. No work on any phase of the project shall begin until the payment for that phase has been issued to the NCEEP. Phase Impact Areas Mitigation Required Mitigation Payment Number Deadline 1,278 LF of stream & 1 4, 6, 7, 8, and 8A 1.25 acres of wetland 2/29/2012 1, 2, 3, 5, 10 11 2,544 LF of stream & 2 11 A, 1113, and 12. 0.50 acres of wetland 12/31/2013 3 15, 16 and 17 164 LF of stream 12/31/2013 Please note that all other permit conditions and exhibits remain in effect as written. Should you have questions, contact Mr. Jamie Shern, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 31. Sincerely, Stephan A. Baker Colonel, U.S. Army District Commander cc Mr. Ian McMillan NCDWQ 1650 Mail Service Center Raleigh, NC 27699 -1650 Ms. Kelly Williams NCEEP 1652 Mail Service Center Raleigh, NC 27699 -1652 Mr. Ben Wilson ATC Associates 2725 East Millbrook Road Suite 121 Raleigh, NC 27604