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
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Wake q�
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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
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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
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„ 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