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HomeMy WebLinkAbout20070295 Ver 7_Riparian Buffer Authorization_20220707DocuSign Envelope ID: 15E1B989-0C4E-4F75-B9EC-07482D7C759D if. Natural Resource Consultants AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Property Owner FIELDS WITH * ARE REQUIRED Project Area PIN(s): 1840369255 Name: Tri Pointe Homes Holdings, Inc. Address: 1330 Sunday Dr, Ste 101, Raleigh, NC 27607 Phone: 919.300.4914 Email: Kristi.Dillard@tripointehomes.com Project Name: Holding Village — Phase 10; HV NC98 MEWS Project Number: 21034 Project Manager: Jennifer Burdette US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting To Whom It May Concern: I hereby designate and authorize Natural Resource Consultants to act on my behalf as my agent in obtaining verification of wetland delineations and processing of permit applications for the project listed above. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Natural Resoure 0 ts' staff. Kristi Dillard *Print Property Owner Name Direct of Land Development 7/7/2022 *Title *Date 10212 Creedmoor Road, Raleigh, NC / 919. 422. 3605 a i QNGBOORN_DR .:p 1 /.- °f _5-rara moNUAM1gNr• Dli Legend 21034_Holding_PondProjectArea HolciryG AIrE NOTES: 1. USGS; 7.5 MINUTE, QUAD, WAKE FOREST, NORTH CAROLINA; 2019 2. LAT: 35.962914, LONG: -78.512462 3. The project area is approximately 4 acres in size. i /yh Wake q� Forest Cem er sv�l II` ,o_ TRADmCMS '64:4141 IL At Iv Maar MDagy 4 qocokiN • 7n Natural Resource Consultants FIGURE 1. USGS TOPOGRAPHIC MAP NORTH LAKE AT HOLDING VILLAGE WAKE FOREST, WAKE COUNTY, NC 0 1,000 2,000 Feet 1 inch = 2,000 feet VERSION: 1 DATE: 10/1/2021 JOB NO: 21034 DRAWN BY: Alec C:\Users\NRC\NRC Server\Projects\21034 North Lake HV\GIS\21034-Holding-Fig 1 USGS.mxd, 10/1/2021 11:01:37AM, Alec ApC2 Ap92 ApC2 Legend ApC2 -A' Ar ,J ApC2 Ce92 eC2 , CeB2 PROJECT AREA J CeC2 CeC2 Ce92 CeC2 i' Cry:' V.n C: ■ . ci2c. Project Area WwP LdB2 - CeC2 /,• Crn \ApC Cm '•*� Lw8 WmC AriC ApC2.. ApC2 S.,. .51..1•M flt - 1 • 11 I f NOTES: 1. NRCS; SOIL SURVEY SHEET 15, WAKE COUNTY, NC (1970) Natural Resoul, Consultants FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY NORTH LAKE AT HOLDING VILLAGE WAKE FOREST, WAKE COUNTY, NC 0 660 1,320 Feet 1 inch = 1,320 feet VERSION: 1 DATE: 10/1/2021 JOB NO: 21034 DRAWN BY: Alec C:\Users\NRC\NRC Server\Projects\21034 North Lake HV\GIS\21034-Holding-Fig 2 Buffer Subj SS.mxd, 10/1/2021 11:07:54 AM, Alec 0 0 a —2.89% —3.03% VICINITY MAP N.T.S. WETLANDS IVPACT AEA SUVVAY IMPACT AREA BUFFER ZONE 1 BUFFER ZONE 2 SF ACRES SF ACRES 1 388 0.0089 331 0.0076 2 7861 0.1805 4944 0.1135 TOTALS 8249 0.1894 5275 0.1211 11111111MB 1111111.1 ---------------- 108) -5. 59 ------ 109 uuu unn ./ / �— /' %/ % % / NAMED / I TRIBUTARY TO SPRING BRANCF- 324 326 WETLANDS r 9 f AI ® I tip Alf;A:711111 _grszictiat kiltiH1 2 0 0 . 0 0 .` 330 ti/1/1/ ::T/4t1y 70G , / /21 I 1 inch = 60 ft. 344 25 • /04 GRAPHIC SCALE so PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION MCADAMS The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com CLIENT TRI POINTE HOMES 1330 SUNDAY DRIVE, SUITE 101 RALEIGH, NC 27607 KRISTI DILLARD PHONE: 919. 300. 4914 REVISIONS NO. DATE PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE SHEET TPH21002 TPH21002-IM1 JCM RJF 1"=60' 05. 27. 2022 OVERALL IMPACTS MAP 10F4 LIMITS OF DISTURBANCE (TYP.) 50' NEUSE RIPARIAN BUFFER (MEASURED 50' FROM TOP OF BANK, EACH SIDE) 10' NO —BUILD SETBACK (TYP.) 20' ZONE 2 STREAM BJFFER 30' ZONE 1 STREAM BUFFER IMPACT LEGEND RETAINING WALL (DESIGN BY OTHERS) RETAINING WALL (DESIGN BY OTHERS) POND ACCESS EASEMENT COMBINATION SILT FENCE/TREE PROTECTION FENCE (TYP.) LIMITS OF DISTURBANCE PERMANENT ZONE 2 BUFFER IMPACT / TOTAL AREA 0.01 AC. (331 SF) LIMITS OF DISTURBANCE (TYP.) PERMANENT ZONE 1 BUFFER IMPACT TOTAL AREA 0.01 AC. (388 SF) UNNAMED TRIBUTARY TO SPRING BRANCH PERMANENT STREAM IMPACT PERMANENT/NO PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT // y y ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT EXISTING WETLAND IMPACT AREA 1 SHEET 2 OF 4 M:\Projects\TPH\TPH21002\04-Production\Engineering\Production Drawings\Current Drawin s\ Exhibits \ Impacts \TPH21002-IM1.dwg, 5/27/2022 5:29:40 PM, Jonathan Clark PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT 0 GRAPHIC SCALE 10 20 40 1 inch = 20 ft. The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 HOLDING VILLAGE - PHASE 10 HV NC98 MEWS PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE TPH21002 TPH21002-IM1 JCM RJF 1"=20' 05. 27. 2022 MCADAMS www.mcadamsco.com 0 FRIENDSHIP CHAPEL ROAD WAKE FOREST, NORTH CAROLINA 50' NEUSE RIPARIAN BUFFER (MEASURED 50' FROM TOP OF BANK, EACH SIDE) LIMITS OF DISTURBANCE (TYP.) PERMANENT ZONE 2 BUFFER IMPACT AREA 0.11 AC. (4,943 SF) COMBINATION SILT FENCE/TREE PROTECTION FENCE (TYP.) IMPACT LEGEND COMBINATION SILT FENCE/TREE PROTECTION FENCE (TYP.) LIMITS OF DISTURBANCE (TYP.) 10' NO —BUILD SETBACK (TYP.) 30' ZONE 1 STREAM BUFFER 20' ZONE 2 STREAM BUFFER PERMANENT STREAM IMPACT PERMANENT/NO PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT 4 ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT EXISTING WETLAND IMPACT AREA 2 SHEET 3 OF 4 M:\Projects\TPH\TPH21002\04-Production\Engineering\Production Drawings\Current Drawin s\ Exhibits \ Impacts \TPH21002-IM1.dwg, 5/27/2022 5:31:36 PM, Jonathan Clark PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT 0 GRAPHIC SCALE 10 20 40 1 inch = 20 ft. The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 HOLDING VILLAGE - PHASE 10 HV NC98 MEWS PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE TPH21002 TPH21002-IM1 JCM RJF 1"=20' 05. 27. 2022 MCADAMS www.mcadamsco.com 0 FRIENDSHIP CHAPEL ROAD WAKE FOREST, NORTH CAROLINA 10.0x5' C CULVERT LF) ±130 LF TOTAL BUFFER IMPACT 330 330 320 FINISHED GRADE RETA WALL BY O 320 310 ^I , — /\ MP ARCH (87.60 310 \---ter EXISTING — GRADE FG CL co 1)_ r M 6o M . M 4 M v M 4 M 0+00 1 +00 1 +38.24 INING /ENDWALL THERS EXISTING GRADE 10'x5' CMP ARCH CULVERT 330 328 326 324 322 320 318 316 314 FINISHES GRADE 0+25.93 330 328 326 324 322 320 318 316 314 312 FINISHED GRADE 330 328 326 324 322 320 318 316 314 20 10 0 10 20 20 10 0 10 20 IMPACT AREA 2 - CULVERT CROSSING SHEET 4 OF 4 M:\Projects\TPH\TPH21002\04-Production\Engineering\Production Drawings\Current Drawings \ Exhibits \ Impacts \TPH21002-IM1.dwg, 5/27/2022 5:38:53 PM, Jonathan Clark 10'x5' CMP ARCH CULVERT 330 328 326 324 322 320 318 316 314 312 EXISTING GRADE H: 1 "=40' V: 1"=4' GRAPHIC SCALE 0 20 40 1 inch = 40 ft. 80 The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 HOLDING VILLAGE - PHASE 10 HV NC98 MEWS PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE TPH21002 TPH21002-IM1 JCM RJF 1"=40' 05. 27. 2022 MCADAMS www.mcadamsco.com 0 FRIENDSHIP CHAPEL ROAD WAKE FOREST, NORTH CAROLINA From: Norton, April R CIV USARMY CESAW (USA) To: Jennifer Burdette Subject: Wake, PJD, North Lake Holding Village Drained Pond (SAW-2012-01298) Concurrence Date: Wednesday, October 27, 2021 4:03:14 PM Attachments: Delineation Map (SAW-2012-01298) North Lake Holding Village Drained Pond.pdf Dear Jennifer Burdette, Reference is made to Corps Action ID: SAW-2012-01298. Please reference this number on any correspondence regarding this action. This correspondence references the updated the Jurisdictional Delineation verified most recently in 2019 on a pond in a development referred to as North Lake at Holding Village that was drained prior to the end of 2020. The drained pond is located on two parcels of land within Wake County (PIN Numbers 1840460247 & 1840444866). We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Potentially Jurisdictional Waters Map" and dated 10/27/2021. Regulatory Guidance Letter (RGL) 16-01 httos://usace.contentdm.ocic.org/utils/getfile/collection/o16021co119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 57 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil 'N\/ START S1 @ PROJECT BOUNDARY +/- 546 LF LEGEND Project Area Neuse Riparian Buffers Potential Wetlands — — Potential Streams 2-ft contours W1 +/- 0.038 ac W2 +/- 0.014 ac Natural Resource Consultants FIGURE 4. POTENTIALLY JURISDICTIONAL WATERS MAP HOLDING VILLAGE NORTH LAKE WAKE FOREST, WAKE COUNTY, NC 37.5 75 Feet 1 inch = 75 feet VERSION: 3 DATE: 10/27/2021 JOB NO: 21034 DRAWN BY: Jennifer C:\Users\NRC\NRC Server\Projects\21034 North Lake HV\GIS\21034-Holding-Fig 4 Delineation Map V2.mxd, 10/1/2021 10:42:21 AM, Alec DocuSign Envelope ID:90C15908-8C51-4FA9-BCEA-D8C487800242 ROY COOPER 41'f I Ge worn or _ t r ELIZABETH S.BISER , r Secretory S.DANIEL SMITH NORTH CAROLINA Dlrrc ror Environmental quality November 15,2021 Scott Lay ALF Holding Village,LLC 1001 Chestnut Street, Suite 101 Philadelphia,PA 19107-4219 Subject: Buffer Determination Letter NBRRO#21-342 Wake County Dear Mr. Lay: On November 3,2021,Alys Hannum of the Division of Water Resources(DWR)Raleigh Regional Office conducted an on-site review of the features located on the Holding Village North Lake property at the request of Natural Resource Consultants,to determine the applicability of features on the site to the Neuse River Riparian Area Protection Rules,Title 15A North Carolina Administrative Code 02B .0714. The enclosed map(s)depict the features evaluated, and this information is also summarized in the table below. Features were evaluated for subjectivity to the Neuse River Riparian Buffer Rules. Features that are identified as"Subject"have been located on either the most recent published NRCS Soil Survey of Wake County,North Carolina and/or the most recent copy of the USGS Topographic map(at 1:24,000 scale),have been located on the ground, and possess characteristics that qualify them to be at least intermittent streams. Features that are identified"Not Subject"are not located on either of the required maps,have been determined to not be at least intermittent,or are not present on the property. There may be other streams or features located on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at(919)-554-4884. �y Ncirth C:lirw Dr, parlmrnt of vimrimrrnal[1u:�pty I plvlslrcn of Water rrsources ��3y Raleiflh kegional Office 13800 Rar eit Drivr Raleigh North Carolina 2T609 mimeo w " 919.T91.4200 DocuSign Envelope ID:90C15908-8C51-4FA9-BCEA-D8C487800242 Holding Village North Lake Wake County November 15,2021 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ▪ Neuse (15A NCAC 2B .0714) ❑ Tar-Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Holding Village North Lake Address/Location: Friendship Chapel Drive, Wake Forest,NC 27587 Stream(s): UT to Little River Determination Date: November 3, 2021 Staff: Alvs Hannum Feature E/1/P* Not Subject Start @ Stop @ Soil USGS Subject Survey Topo I (Previously I or P X Subject Throughout X X Pond F) *E=Ephemeral,I=Intermittent,P=Perennial,NP=Not Present,N/A=Not Applicable,N/E=Not Evaluated This on-site determination shall expire five (5)years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty(60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski;DWR—401 & Buffer Permitting Unit; 1617 Mail Service Center;Raleigh,NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.):Paul Wojoski; DWR—401 & Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. 211E CO) North Carolina Department of En m vironental Quallly I DIvisIon of Water Resources Raleigh Regional Office I MOO Barrett Drive I Raleigh,North Carolina 27h09 �� m+ 919.791.4200 DocuSign Envelope ID:90C15908-8C51-4FA9-BCEA-D8C487800242 Holding Village North Lake Wake County November 15,2021 Page 3 of 3 This determination is final and binding unless, as detailed above,unless an appeal is requested within sixty(60) days of the date of this letter. If you have questions regarding this determination,please feel free to contact Alys Hannum, of my staff, at alys.hannum@ncdenr.gov, or by telephone at(919)791-4255. Sincerely, ❑ocuSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO DWR File Copy/Laserfiche Scott Lay,ALF Holding Village LLC (scott@readercommunities.com) Alec Pierzga,Natural Resource Consultants(pierzga@nrconsultnc.com) iJarth Carolina Department caf Environmental c�uallly Blvislon of Water Rrsources • Raleigh RRgional Office �Ai]o Barrett Drtve ] Raleigh,North Carolina 27h09 fiepartinniio.E..,ron.drmr 919.791.4200 DocuSign Envelope ID: 90C15908-8C51-4FA9-BCEA-D8C487800242 Holding Village North Lake Wake County, NC-DWR Project #21-342 NRCS Soil Survey Sheet 15 Wake Co., NC 1970 Legend: -project boundary Base map provided by Natural Resource Consultants :: Locations are approximate and are provided for reference only :: DocuSign Envelope ID: 90C15908-8C51-4FA9-BCEA-D8C487800242 Holding Village North Lake Wake County, NC-DWR Project #21-342 I (Previously Lake F): Subject USGS Topographical Map Wake Forest Quadrangle 2019 Legend: -Project boundary Base map provided by Natural Resource Consultants :: Locations are approximate and are provided for reference only :: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2012-01298 County:Wake U.S.G.S. Quad:NC-Wake Forest GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: ALF Holding Village LLC Scott Lay Address: 1001 Chestnut Street,suite 101 Philadelphia,PA 19107 Telephone Number: 919-714-7279 E-mail: scott@readercommunities.com Size(acres) 131 Nearest Town Wake Forest Nearest Waterway Smith Creek River Basin Neuse USGS HUC 03020101 Coordinates Latitude:35.9616 Longitude:-78.5096 Location description: The project site is approximately 131 acres and is identified as future phases 1-4 of the existing Holden Village residential subdivision,bordered to the north by NC Hwy 98 bypass,and to the south by existing Holding Village subdivision. Description of projects area and activity: This permit verification allows for 779 linear feet of stream channel impacts(581 LF permanent loss from fill,74 LF permanent/no loss for rip rap installation,and 124 LF temporary from construction access), 0.12 acre of temporary wetland impacts,and 0.07 acre of permanent open water impacts for the construction of future phases of the Holding Village residential subdivision. Mitigation is required for this proposal. Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: NWP 29.Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions,your application signed and dated 3/3/2020,and the enclosed plans Holding Village North Lake dated 3/2/2020.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction) or are under contract to commence in reliance upon the nationwide permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program, please contact James Lastinger at 919-554-4884 ext 32or James.C.Lastinger@usace.army.mil. 671 rracea �____, Digitally signed by LASTINGER.JAMES.C.1363642400 Corps Regulatory Official: Date:2020.04.08 14:17:32-04'00' Date: 4/8/2020 Expiration Date of Verification: 03/18/2022 aw fs LIE vNnown H1LION '1S321Oi 3NVM av021 13dVHD dIHSON3Rl3 Sd` IN .DVdWl I3iIf18 aNV WV31:11S 3)1)09 H121ON 39V11IA 9NIa1OH 0 O „ 4-STATE 5.�'I” ..T, "r ROY COOPER a Governor MICHAEL S.REGAN � .�l,,:.''/; Secretary y`°!er u '�' LINDA CULPEPPER NORTH CAROLINA Director' Environmental Quality April 14, 2020 DWR#07-0295 v6 revised Wake County AFL Holding Village LLC Attn: Scott Lay 1001 Chestnut Street, Suite 101 Philadelphia, PA 19107-4219 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES(15A NCAC 02B.0233)WITH ADDITIONAL CONDITIONS Holding Village North Lake Dear Mr. Lay: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on December 17, 2019 and with payment received on December 18, 2019. These impacts are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to)Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This revised 401 Water Quality Certification and Authorization Certificate for DWR#07-0295 v6 replaces the 401 Water Quality Certification and Authorization Certificate for#07-0295 v6 dated February 6, 2020. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] �E ;_ Nor thCarolirraI)rpart moot ofErrvirorrmr�ntalQuality I Division ofMttcrRcsuurres \ � � RaleigIt RI r totial Mice I 'WOO liarri 1t Drive ' Raleigh.North Carulirta 27609 41t..MLeLn.wmu..uiD .\ J, 019.791 4200 Holding Village North Lake DWR#07-0295 v6 revised 401 AND BUFFER APPROVAL Page 2of6 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetland 1 W1-Construction Access 0 (acres) 0.009 (acres) I W2-Sanitary Sewer 0 (acres) 0.003 (acres) _Stream - S1-Fill 127 (linear feet) 0 (linear feet) 53-Road Crossing-Culvert 227 (linear feet) 0 (linear feet) 53-Road Crossing-Rip Rap/Fill 18 (linear feet) 0 (linear feet) 54-Road Crossing 0 (linear feet) 6 (linear feet) 55-Road Crossing 0 (linear feet) 28 (linear feet) S6-Road Crossing-Culvert 126 (linear feet) 0 (linear feet) S7 Road Crossing-Rip Rap/Fill 28 (linear feet) 0 (linear feet) 58-Road Crossing 0 (linear feet) 5 (linear feet) 59-Road Crossing 0 (linear feet) 24 (linear feet) 510-Road Crossing-Culvert 81 (linear feet) 0 (linear feet) 511-Road Crossing-Rip Rap/Fill 28 (linear feet) 0 (linear feet) 512-Road Crossing 0 (linear feet) 10 (linear feet) 513-Sanitary Sewer Crossing 0 (linear feet) 30 (linear feet) S14-Pond Drainage 0 (linear feet) 21 (linear feet) 515-Road Improvement-Culvert 20 (linear feet) 0 (linear feet) Open Waters _ 01-Dam Breach-Excavation 0.07 (acres) 0 (acres) Buffers—Zone 1 _ B1-Road Crossing 403 (square feet) 0 (square feet) B2-Road Crossing 10,845 (square feet) 0 (square feet) B3-Stormwater Outlet 446 (square feet) 0 (square feet) B4-Road Crossing 8,226 (square feet) 0 (square feet) B5-Stormwater Outlet 603 (square feet) 0 (square feet) B6-Stormwater Outlet 605 (square feet) 0 (square feet) , _B9-Stormwater Outlet 636 (square feet) 0 (square feet) B11-Stormwater Outlet 1,809 (square feet) 0 (square feet) B12-Stormwater Outlet 523 (square feet) 0 (square feet) B13-Stormwater Outlet 609 (square feet) 0 (square feet) B14-Dam Breach 0 (square feet) 7,511 (square feet) Buffers—Zone 2 — B1-Road Crossing 1,691 (square feet) 0 (square feet) _ B2-Road Crossing , 8,906(square feet) 0 (square feet) Holding Village North Lake DWR#07-0295 v6 revised 401 AND BUFFER APPROVAL Page 3 of 6 Type of Impact Amount Approved ' Amount Approved (units) (units) Permanent Temporary B3-Stormwater Outlet 262 (square feet) 0 (square feet) B4-Road Crossing 6,181 (square feet) _ 0 (square feet) B5-Stormwater Outlet 402 (square feet) 0 (square feet) B6-Stormwater Outlet 391 (square feet) 0 (square feet) B7-Greenway 5,130 (square feet) 0 (square feet) B8-Sewer Easement 7,966 (square feet) 0 (square feet) B9-Stormwater Outlet 433 (square feet) 0 (square feet) B10-Sewer Easement 5,004 (square feet) 0 (square feet) B11-Stormwater Outlet 3,462 (square feet) 0 (square feet) B12-Stormwater Outlet 413 (square feet) 0 (square feet) B13-Stormwater Outlet 616 (square feet) 0 (square feet) B14-Dam Breach _ 676 (square feet) 676 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Wake Forest and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Wake Forest. [15A NCAC 02H .0506(b)(3)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank to meet this mitigation requirement. The specific bank site to be debited will be Arrington Bridge I, Buffalo Branch,Selma Mill, Cedar Grove, Hatley, Ezell, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek and Polecat, all located in HUC 03020201. Until EBX-Neuse I, LLC or EBX receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to EBX-Neuse I, LLC, or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Holding Village North Lake DWR q07-0295 v6 revised 401 AND BUFFER APPROVAL Page 4 of 6 Compensatory Bank Sponsor River &Sub-basin Number Mitigation Required Buffer-Zone 1 32,535 (square feet) EBX-Neuse I, LLC, or EBX 03020201-Not in Falls Lake Watershed 4. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes;the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. Holding Village North Lake DWR#07-0295 v6 revised 401 AND BUFFER APPROVAL Page 5 of 6 A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail if sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Paul Wojoski Paul Wojoski NC DWR—401 & Buffer Permitting NC DWR—401 & Buffer Permitting Branch Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 Holding Village North Lake DWR#07-0295 v6 revised 401 AND BUFFER APPROVAL Page 6 of 6 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, 14,1.00e-- 5' fot Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4139 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit via Laserfiche Jennifer Burdette via e-mail at burdette@mcadamsco.com WILD LAN CAS II-1 HOLDINGS Statement of Availability July 6, 2022 Tri Pointe Homes Holdings, Inc. 1330 Sunday Dr., Ste. 101 Raleigh, NC 27607 RE: Availability of Riparian Buffer Credits for the "North Lake Holding Village- Phase 10" project Bank Name: Wildlands Neuse Umbrella Mitigation Banking Instrument(UMBI) Bank Site: Cox Pond Mitigation Bank Parcel Bank Sponsor: Wildlands Holdings III, LLC DWR Project#: 2020-1942v2 Riparian Buffer Credits Needed: 30,999.00 sq.ft. Riparian Buffer Credits Available: 104,914.77 sq.ft. Neuse 03020201 River Basin (outside of the Falls Basin) Tri Pointe Homes Holdings, Inc.: Wildlands Holdings III, LLC has the above-mentioned riparian buffer credits from the Cox Pond Mitigation Bank Parcel to satisfy the mitigation requirements related to the above-mentioned project. The project is located within the service area (HUC 03020201) of the Bank. Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved,they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided—it is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come,first serve basis. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the completed 404 permit. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or ayarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street,Suite 104,Charlotte,NC 28203 WILDLANDS ,l. HOLDINGS . Sincerely, Ashley N.Yarsinske Wildlands Engineering, Inc. Marketing& Credit Sales ayarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Ms. Katie Merritt, Nutrient Offset& Buffer Banking Coordinator I NC Division of Water Resources Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street,Suite 104,Charlotte,NC 28203 LIMITS OF DISTURBANCE (TYP.) 50' NEUSE RIPARIAN BUFFER (MEASURED 50' FROM TOP OF BANK, EACH SIDE) 10' NO —BUILD SETBACK (TYP.) 20' ZONE 2 STREAM BJFFER 30' ZONE 1 STREAM BUFFER IMPACT LEGEND RETAINING WALL (DESIGN BY OTHERS) RETAINING WALL (DESIGN BY OTHERS) POND ACCESS EASEMENT COMBINATION SILT FENCE/TREE PROTECTION FENCE (TYP.) LIMITS OF DISTURBANCE PERMANENT ZONE 2 BUFFER IMPACT / TOTAL AREA 0.01 AC. (331 SF) LIMITS OF DISTURBANCE (TYP.) PERMANENT ZONE 1 BUFFER IMPACT TOTAL AREA 0.01 AC. (388 SF) UNNAMED TRIBUTARY TO SPRING BRANCH PERMANENT STREAM IMPACT PERMANENT/NO PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT // y y ZONE 1 BUFFER IMPACT ZONE 2 BUFFER IMPACT EXISTING WETLAND IMPACT AREA 1 SHEET 2 OF 4 M:\Projects\TPH\TPH21002\04-Production\Engineering\Production Drawings\Current Drawin s\ Exhibits \ Impacts \TPH21002-IM1.dwg, 5/27/2022 5:29:40 PM, Jonathan Clark PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT 0 GRAPHIC SCALE 10 20 40 1 inch = 20 ft. The John R. McAdams Company, Inc. 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 HOLDING VILLAGE - PHASE 10 HV NC98 MEWS PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE TPH21002 TPH21002-IM1 JCM RJF 1"=20' 05. 27. 2022 MCADAMS www.mcadamsco.com 0 FRIENDSHIP CHAPEL ROAD WAKE FOREST, NORTH CAROLINA