20091346 Ver 6_Corps of Engineer Correspondence_20150828

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
r ^ 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF August 27, 2015
Regulatory Division/ 1200A
Action ID: SAW -2008 -00967
Mr. Matthew Van Dyke
Kite Reality Group
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
Dear Mr. Van Dyke:
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, in
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.
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 3,066 if 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 requests received by the Corps
on January 24, 2012, made by your consultant, Mr. Ben Wilson, November 5, 2012, by
Mr. Kyle Ward, and October 11, 2013, by Mr. Mark Jenkins, and subsequent approvals
issued on February 7, 2012, November 6, 2012, and December 19, 2013, respectively.
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.
Printed on G Recycled Paper

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Reference is made to your letter of July 20, 2015, requesting another modification to
the existing referenced DA permit referenced. Specifically, you have requested a change
in the mitigation payment schedule, due to the need to subdivide phase 4 into two
additional phases. Phase 4 would include impact area 16 and Phase 5 would involve
impact areas 15 and 17.
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 perinittee shall make payment to the North Carolina
Department of Mitigation Services (DMS) (formerly the NC Ecosystem Program
(NCEEP)) in the amount determined by the DM5, sufficient to perform the restoration of
3,986 linear feet of warm water stream channels and 1.75 acres of riparian wetlands in
the Cape Fear River Basin. (Cataloging Unit 03030004).
In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made payments per the below mitigation table to the NCDM5 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 NCDM5 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 NCDMS.
Phase Impact Areas
Number
1 4, 6, 7, 8, and 8A
2 2
Mitigation Required
1,278 LF of stream &
1.25 acres of wetland
624 LF of stream
Mitigation Payment
Deadline
K�Ili
11/30/2012
1, 3, 5, 10, 11, 1,920 LF of stream &
3 11A, 11 B, and 12 0.50 acres of wetland 12/3112013

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237 LF of stream
4 16 channel impacts not 12/31/2016
requiring mitigation.
5 15 and 17 164 LF of Stream I 12/31/2017
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
Lastinger, Raleigh Regulatory Field Office at telephone [phone], Extension 32.
Sincerely,
Kevin P. Landers, Sr.
Colonel, U. S. Army
District Commander
Enclosures
Copy Furnished: (w/o enclosures)
Ms. Jennifer Burdette
NCDENR - Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Copy Furnished: (w/enclosures)
Ms. Kelly Williams
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699
Mr. Mark Jenkins
KRG New Hill Place, LLC
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204