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Home My WebLink About20091346 Ver 4_USACE Correspondence_20121108DEPARTMENT OF THE ARMY O � - 16 4 4 V4 WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 RIMY TO ATTINCION OF November 6, 2012 Regulatory Division/1145b Action ID SAW- 2008 -00967 Mr Kyle Ward Sprigs Investors, LLC 1000 Darrmngton Drive, Suite 105 Cary, North Carolina 27513 Dear Mr Ward 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 predominately wooded land (ranging from 18 -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 Associated with the development of the property, 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 In addition, 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 wetlands 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, and subsequent approval issued on February 7, 2012 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 @r L�s Lg - � fi)lv'8�U12 .. DENR --WATER QUALITY -2- Reference is made to your letter of November 5, 2012, requesting another modification to your existing DA permit Specifically, you have requested a change in the mitigation payment schedule, due to the need to construct a sanitary sewer connection identified as impact area' 2" which would impact 3121f of perennial stream channel We have completed our evaluation of your request and concur with your request for a change to the phased mitigation payment schedule 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 Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 3, 9861inear feet of warm water stream channels and 1 75 acres of riparian wetlands in the Cape Fear River Basin (Cataloging Unit 03030004) Construction withmjurisdictional 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 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 2 2 624 LF of stream 11/30/2012 1, 3, 5, 10, 11, 1,920 LF of stream & 3 11A, 11 B, and 12 0 50 acres of wetland 12/31/2013 4 15, 16 and 17 164 LF of stream 12/31/2013 -3- Once again, we have completed our evaluation of your request and concur with your request for a change to the mitigation phasing schedule associated with your referenced DA permit It is understood that all other conditions of the permit, including the permit expiration date, remain applicable Should you have questions, contact Mr James Lastmger, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 32 Sincerely, � )1:a� Steven A Baker Colonel, U S Army District Commander Copy Furnished Mr Ian McMillan NCDWQ 1650 Mail Service Center Raleigh, NC 27604 Ms Kelly Williams NCEEP 1652 Mail Service Center Raleigh, NC 27699 Mr Ben Wilson ATC Associates 2725 East Millbrook Road, Suite 121 Raleigh, NC 27604 Copy Furnished (by email) Mr David George Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204