HomeMy WebLinkAbout20120077 Ver 4_401 Application_20151015�vl�oa�f v�
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: (919) 846 -5900 - Fax: (919) 846 -9467
sandec.com
PAID October 15, 2015
S &EC Project #11575.W10
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Eric Alsmeyer
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
From: Deborah E. Shirley
Soil & Environmental Consultants, P.A.
8412 Falls of Neuse Road, Ste. 104
Raleigh, NC 27615
NC Division of Water Resource
4.09_ &_Buffer Permitting Unit �y D
�A_ttn:_Karen Higgins �n
512 N. Salisbury Street (9 flop OCT
1
Raleigh, NC 27603 2015
0ENR -WATtR RESOURCES
401 3 BUFFER PERMITTING
Re: Del Webb Carolina Arbors -Post Moratorium Revisions
Durham, Durham County, NC
On behalf of the applicant Randy King of Pulte Homes Corporation, please find attached a complete
application and supplemental information requesting written concurrence from the U.S. Army Corps of
Engineers (USACE) and the N.C. Division of Water Quality (NCDWQ) that the activities proposed below
may proceed under Nationwide Permits 29, General Water Quality Certifications 3890 and a Riparian Buffer
Authorization. Please note that this revision entails proposed impacts within the 5 -year no -build moratorium
that was executed by the City of Durham, in addition to a revision to a sanitary sewer crossing and
associated riparian buffer impacts. Please contact me at (919) 846 -5900 if you have any questions or
would like additional information.
Project Name
Project Type
Owner / Applicant
County
Nearest Town
Waterbody Name
Basin / Index Number
Class
Stream Impacts (acres):
Wetland Impact (acres):
Isolated Wetland Impacts (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
Total Riparian Buffer Impacts (sq. ft.):
PROJECT SUMMARY
Del Webb Carolina Arbors -Post Moratorium Revisions
Residential Subdivision
Pulte Homes Corporation
Durham
Durham
Little Brier Creek
Neuse/ 27- 33 -4 -1
C, NSW
Previously Approved
0.198 (Perm)
0.114 (Perm)
0.273 (Temp)
0.387 (Perm)
0
0.387
240 Perennial (Perm)
262 Intermittent (Perm)
324 Perennial (Temp)
57 Intermittent (Temp)
Zone 1- 82,634
Zone 2- 136,111
New Impact Request
0.013 (Temp)
0.087
0.087
30 Perennial (Temp)
Zone 1 -1,806
Zone 2 -9,150
Attachments:
Pre - construction Notification Application Form
Previously Approved Impacts Table- 10 -09 -15
UPDATED Parallel Buffer Impact Table- 10 -09 -15
Agent Authorization Form
USGS Topographic Map
NRCS Soil Survey Map
Ross Pond email verification from Eric Alsmeyer- 05 -06 -15
404 Nationwide Permit Verification -AID SAW- 2011 -00318
401 Water Quality Certification Approval -DWQ Project # 12- 00770
Compensatory Mitigation Receipts (i.e. NCEEP, EBX, Restoration Systems, Wildands)
Del Webb Carolina Arbors Post Moratorium Neuse Basin- Stream/Wetland /Buffer Impact Maps (C000 -C807)
NCDWR ONLY:
Stormwater Management Approval Email - NCDWR 08 -16 -12
City of Durham Construction Plan Approval letter- 07 -24 -15
Site Plan Approval -sheet C000 (signed by Durham 03 -19 -15
BMP Drainage Maps— sheets BMP 1 & 2
SIA (DropBox)
$240 DWR Application Fee
o�0F wALS'9 Office Use Only:
Corps action ID no.
®� o DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A
1c. Has the NWP or GP number been verified by the Corps? I ® Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No ❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
11g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No
2. Project Information
2a. Name of project: Del Webb Carolina Arbors -Post Moratorium Revisions
2b. County: Durham
2c. Nearest municipality / town: Durham
2d. Subdivision name: Del Webb Carolina Arbors
2e.
NCDOT only, T.I.P. or state
N/A
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Pulte Home Corporation
3b.
Deed Book and Page No.
Deed Bk: 7154, 7167 Deed Pg: 789, 892
3c.
Responsible Party (for LLC if
Randy King
applicable):
3d.
Street address:
1225 Crescent Green Drive, Suite 250
3e.
City, state, zip:
Cary, NC 27518
3f.
Telephone no.:
919 - 369 -4602
3g.
Fax no.:
919 - 816 -1198
3h.
Email address:
N/A
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ❑ Agent ® Other, specify: Owner - please send correspondence to both Owner
and Agent
4b. Name: Randy King
4c.
Business name
(if applicable):
I Pulte Homes Corporation
4d.
Street address:
1 1225 Crescent Green Drive, Suite 250
4e.
City, state, zip:
I Cary, NC 27518
4f.
Telephone no.:
1 919 - 369 -4602
4g.
Fax no.:
1 919- 816 -1198
4h.
Email address:
I N/A
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Deborah Edwards Shirley
5b.
Business name
(if applicable):
Soil & Environmental Consultants, PA
5c.
Street address:
8412 Falls of Neuse Road, Suite 104
5d.
City, state, zip:
Raleigh, NC 27615
5e.
Telephone no.:
919 - 846 -5900
5f.
Fax no.:
919- 846 -9467
5g.
Email address:
DShirley @SandEC.com
Page 2 of 13
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): IMPACTAREA W44
1c. Property size:
2. Surface Waters
Parcel ID: 0769 -01 -16 -0727, 0769 -03 -15 -9842, 0769 -01-
26 -4961& 0769 -03 -14 -9016
Latitude: 35.9389 Longitude: - 78.7902
(DD.DDDDDD) (- DD.DDDDDD)
PH 4: 66.54 acres; PH 5: 34.77 acres; PH 6: 10.63
acres
2a. Name of nearest body of water (stream, river, etc.) to Little Brier Creek; 27- 33 -4 -1
proposed project:
2b. Water Quality Classification of nearest receiving water: C, NSW
2c. River basin: Neuse 03- 04 -02, Hydrologic Unit Code 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: The existing conditions on site consist if a partially developed residential subdivision. Please note that the
Phase 4 area was previously identified as "Future" Phase 4 was placed in a 5 -year no -build moratorium by the City of
Durham, that moratorium has now been lifted. The general land use in the vicinity of the project is rural residential and
forested.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0. 536 acres of Jurisdictional Wetlands and 0.136 acres of Isolated Wetlands. (This estimation assumes all
previously authorized impacts have been completed)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 18,795 linear feet of stream (This estimation assumes all previously authorized impacts have been
completed)
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is complete the construction of a Residential Development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of the construction of a Residential Development, including but not limited to: roads,
utilities, greenways, stormwater devices, residential structures and associated facilities. Specifically for this revision
submittal, the permittee is requesting to relocate one (1) sanitary sewer crossing to downstream which results in a
decrease in temporary stream impacts; add wetland fill (i.e. drained pond area) within Phase 4 that was previously
in a 5 year no -build moratorium by the City of Durham; and requesting new parallel buffer impacts however also
omitting /modifying four (4) previously approved parallel buffer impact areas that overall will result in a net reduction
of riparian buffer impacts.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: Please note that two separate set of maps have ®Yes [J No ❑ Unknown
been issued for the residential development. AID# 2011-
00318
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Comments:
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Steven Ball
❑ Preliminary ® Final
Agency /Consultant Company: Soil & Environmental
Consultants, PA Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE -site visits with Eric Alsmeyer on January 6 & June 28, 2011 (Action ID #2011 - 00318). NCDWQ -site visits with
Martin Richmond on December 10, 2010 & May 26, 2011 (NBRRO #10 -222, 11 -123 & 11 -140). Additionally, a portion of
this project was delineated by Jennifer Burdette, NCDWQ site visits with Lauren Witherspoon on December 30, 2008 &
February 12, 2009 (NBRRO /1P #09 -018). USACE -email confirmation dated May 6, 2015 confirming wetland area of pond
bottom.
5. Project History
5a. Have permits or certifications been requested or obtained for I ® Yes E] No El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A Nationwide Permit 12, 14 and 29 Verification and Water Quality Certification and Buffer Authorization Approval were
issued for the residential development, offsite utilities and offsite waterline. AID SAW 2011 -00318 and DWQ Project #
12-0077v.3. IMPACTS PREVIOUSLY APPROVED, SEE ATTACHED.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The project will be constructed in multiple phases. Phases 1, 2 & 3 have already started construction; Phase 4, 5 & 6 will
be constructed at a later date and are associated with this submittal.
Page 4 of 13
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b.
2c. 2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number — Permanent Type of impact
Type of wetland Forested
(Corps - 404, 10
Area of impact
(P) or Temporary (T)
(if known)
DWQ — non -404, other)
(acres)
W1 (W4 -1) ® P ❑ T Lot Fill
❑ Yes
® No
® Corps I
❑ DWQ
0.073
W2 (W4 -1) ® P ❑ T Road Fill
❑ Yes
® No
® Corps
❑ DWQ
0.014
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts I
0.087
2h. Comments: IMPACTS PREVIOUSLY APPROVED, SEE ATTACHED "PREVIOUSLY APPROVED IMPACTS
10- 09 -15"
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Averag Impact
number - Permanent
(P) or Temporary (T)
(PER) or (Corps - 404, 10 a length
intermittent DWQ — non -404, stream (linear feet)
(INT)? other) width
(feet)
Sanitary Sewer UT to Little Brier ® PER ® Corps
S2 (B I) [I P ®T (After- the -Fact) Creek E:1 INT E:1 DWQ
18 30
S3 ❑ P ❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S4 ❑ P ❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S5 ❑ P ❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
3h. Total stream and tributary impacts 30
3i. Comments: PLEASE NOTE THAT IN THIS REVISION REQUEST, PREVIOUSLY AUTHORIZED IMPACT "B" IS TO BE
AVOIDED AND A NEW SANITARY SEWER CROSSING "B1- WILL REPLACE, RESULTING IN A REDUCTION OF 15
LINEAR FEET OF STREAM IMPACT AND AN OVERALL REDUCTION IN STREAM IMPACTS. IMPACTS PREVIOUSLY
APPROVED, SEE ATTACHED "PREVIOUSLY APPROVED IMPACTS 10- 09 -15"
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water impact Name of waterbody
number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P ❑T
02 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or ake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond Flood Excavat
ed Filled Excavated Flooded Filled ed Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
❑ No If yes, permit ID no:
Page 6 of 13
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse El Tar-Pamlico El Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b.
6c.
6d. 6e.
6f.
6g.
Buffer impact
number —
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name mitigation
(square feet)
(square feet)
Temporary (T)
required?
61 (B) ❑ P ® T
Sanitary
Sewer /Greenway
UT to Little Brier
Creek
I ❑ Yes
® No
2,687 (OMITTED)
1,719 (OMITTED)
B2 (B1) ® P ❑ T
Sanitary
UT to Little Brier
I ❑ Yes
1,806
1,271
Sewer /Greenway
Creek
® No
63 (P1) ®P El T
Sanitary Sewer-
UT to Little Brier
El Yes
0
4,122
Parallel
Creek
® No
B4 (P2) ® P ❑ T
Sanitary Sewer-
UT to Little Brier
I ❑ Yes
0
335
Parallel & Greenway
Creek
® No
B5 (P3) ® P ❑ T
Sanitary Sewer-
UT to Little Brier
I ❑ Yes
0
3,422
Parallel & Greenway
Creek
® No
6h. Total buffer impacts
1,806
9,150
6i. Comments: Please note that in this revision request, two (2) previously approved parallel buffer impacts areas were
omitted, and two (2) reduced in square footage. These impact areas are shown on sheet C529A and also updated on
the attached "Del Webb- UPDATED Parallel Buffer Impact Table. Additionally, for previously approved buffer impacts,
please see "Previously Approved Impacts Table ". dated October 9, 2015"
Page 7 of 13
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The original site plan that was reviewed and approved identified Phase 4 area as "Future" Phase 4 was placed in a 5-
year no -build moratorium by the City of Durham, that moratorium has now been lifted. Impact Area W44 is proposed
wetland fill for lots and a road. This wetland area was previously a pond which was drained and left to naturalize. The
location of these wetlands necessitates the proposed impacts in order to construct a road and lot fill. The difference
in the elevation between the existing and proposed grades and their location make it impractical to avoid impacting this
wetland area. Impact Area B -1 is a sanitary sewer crossing that is replacing previously authorized Impact Area B. This
sanitary sewer crossing is a temporary impact and has been reduced from 45 linear feet to 30 linear feet; it will also
include a bridge crossing for the greenway (see details on sheet C807). The original designed sanitary sewer crossing
Impact B was to serve Phase 4 from Phase 3. During the Durham review of Phase 4, Durham indicated that they were
going to require a sanitary sewer to extend west along the creek on the south side of Phase 4, to serve properties west of
Phase 4. The applicant and project engineer then redesigned the sanitary sewer line to cross at a point to serve both
needs and therefore avoided the originally authorized Impact Area B and ultimately reduced overall stream and riparian
buffer impacts. Impact Areas P1, P2 & P3 are all parallel buffer impacts necessary for the sanitary sewer connection to
Phase 4. These impacts are within the 5 -year no -build moratorium and are necessary to connect sanitary sewer from
Phase 2 to Phase 4. Impact Area P1 and P2 are located adjacent to a stormwater BMP, the proposed stormwter BMP is
in between the Duke Energy easement and the riparian buffer. Duke Energy limits what can be constructed within their
easement, including grading activities adjacent to poles and slope requirements. Impact P2 will also include a greenway.
Impact Area P3 is located on the back side of proposed lots within Phase 2. Proposed fill necessary for the buildable lots
limits the area for sanitary sewer and greenway.
With regard to the Regional Conditions of the Nationwide Permits, the applicant is aware of the regional conditions
associated with the Nationwide Permits 29. With respect to residential development conditions (NWP 29- Regional
Conditions section 4.0) the applicant does not anticipate any impacts to streams or wetlands for the stormwater
management facilities, there are no impact associated with single- family recreation facilities, and the stream classification
for this project is C, NSW and WS -IV; NSW (i.e. not Outstanding Resource Waters, High Quality Waters, Coastal
Wetlands or wetland adjacent to these waters).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion & Sediment Control plan and measures such as Tree Protection Fencing to protect water quality during
construction activities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
❑ Yes ® No
2a. Does the project require Compensatory Mitigation for 'Compensatory Mitigation was previously required for overall
impacts to Waters of the U.S. or Waters of the State? project, mitigation has been paid and receipts are attached.
2b. If yes, mitigation is required by (check all that apply):
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
❑ DWQ ❑ Corps
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type:
Quantity:
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non - riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
❑cold
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires I El Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1
Zone 2
3 (2 for Catawba)
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 13
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow will be accomplished through Stormwater Control ® Yes ❑ No
Measures that have been designed an approved by Durham. Please see SIA for
phases 3 -6 and signed /Approved site plan.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 45%
2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Per the project engineer.
The project will utilize a combination of water quality ponds and level spreaders to provide onsite nitrogen reduction per
the city of Durham's requirements. Post development nitrogen loading above the required target for the Lower Neuse
Basin of 3.6 Ibs/ac/yr is reduced by purchasing offset credits from a mitigation bank.
All impervious surfaces are designed to be directed to a water quality pond and level spreader in series meeting the
city of Durham's 85% TSS removal requirement.
Water quality ponds are utilized to reduce the 1 -year post - development runoff to below the pre - development rate for all
outfalls. The water quality ponds also serve to reduce the 2- and 10 -year runoff to below the pre- development rate at
the point where Little Brier Creek crosses the projects boundary.
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
City of Durham
® Phase II
® NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
® Yes ❑ No See signed
Approved Site Plan (cover sheet)
❑
Coastal counties
❑
HQW
❑
ORW
❑
Session Law 2006 -246
❑
Other:
❑ Yes ❑ No
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 11 of 13
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered 'yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered 'yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after - the -fact permit application?
® Yes ' ❑ No
'Impact Area B1 has already been
constructed
2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s):
Pulte originally designed sanitary sewer crossing `B" to serve Phase 4 from Phase 3. Once Pulte realized that Durham was
going to require a sanitary sewer to extend west along the creek to serve properties west of Phase 4, the sanitary sewer
crossing was re- designed and relocated to the new location. This revised impact has ultimately avoided having 2 sanitary
sewer crossings that would have extended between phase 3 and 4.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The
Del Webb- Carolina Arbors project is a residential development. It is important to note that the project is located within
Durham County's ETJ, therefore the adjacent properties that have potential for development will have the following
regulations to protect downstream waters: 1) the Phase Il NPDES Stormwater Permit Program, this program includes
permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post- construction stormwater
management requirements; and 2) the Neuse River Basin Riparian Buffer Protection regulations, these regulations
require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and
could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved. We anticipate that the
DWQ will advise us if any additional information is needed.
Page 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility. This project will connect to the City of Durham's
Sanitary Sewer System. The Durham Public Works Department will ensure that capacity of their treatment facility will not
be exceeded.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No
impacts?
❑
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? The NC- Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of
federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that
there are no elemental occurrences that are listed as federally Threatened /Endangered within 1 mile of the project
boundaries. References: North Carolina Natural Heritage Program Data Explorer Search (October 12, 20151.
Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC.
http : / /www. ncnhp. oral
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Durham County, which is not near any coastal or tidal habitat that would support EFJ (i.e. salt
marshes, oyster reefs etc.).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The
USA CE issued a Special Condition for the overall Del Webb project that requires a Memorandum of Agreement between
the US Army Corps of Engineers, the NC State Historic Preservation Officer and Pulte Homes. The historic home that
was a part of the MOA has been demolished.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: As per the project engineer; Flood - fringe impacts are approved as
part of the site plan process by Durham.
8c. What source(s) did you use to make the floodplain determination? NC F odplain Mapping Information System.
Deborah E. Shirley Applicant/Agenfs Signature October 15,
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter ,om the applicant is 2015
provided.) Date
Page 13 of 13
PREVIOUSLY APPROVED IMPACTS- 10 -09 -15
DEL WEBB
SAW- 2011 -00318
DWQ PROJECT #12 -0077 v.3
Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact number —
Type of jurisdiction
Permanent (P) or
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Temporary (T)
(if known)
DWQ — non -404, other)
(acres)
W -1 ® P ❑ T
Lot Fill
ISOLATED
Z Nos
® Corp I
0.017
W -2 ® P [IT
Lot Fill
ISOLATED
0 Nos
® Corps I
0.015
W -3 ® P ❑ T
Road
ISOLATED
® ❑ Nos
D Corps I
0.048
W -3 ® P ❑ T
Lot Fill
ISOLATED
®❑ Nos
D Corps I
0.162
W -4A ® P ❑ T
Lot Fill
I ISOLATED
®❑ Nos
® DWQ I
0.006
W -48 ® P ❑ T
Lot Fill
ISOLATED I
S Nos
[I Corps
® DWQ I
0.002
W-5 ®P ❑ T I
Force Main Easement
ISOLATED I
® Yes
I
El Corps
0.009
& Greenway
[I No
® DWQ
W - -6 ® P❑ T I
Road
I ISOLATED
0 Nos I®
Corps I
0.007
W -6 ® P [:IT
Lot Fill
I ISOLATED I
®❑ Nos
[I Corps
® DWQ I
0.025
W -7 ® P [IT
Lot Fill
I ISOLATED I
❑ Nos I
® [I Corps DWQ I
0.019
W - -8A ® P❑ T
Road
I Headwater Wetland I
D Nos 10
Corps
0.015
®❑
®
W -8A O P ❑ T I
Lot Fill
Headwater Wetland
Nos I
❑ CwQ
0.039
0 Corps
W -88 ® P ❑ T
Lot Fill
Headwater Wetland I
0 Nos
[I DWQ I
0.047
El Corps
W - -9 ® P [IT I
Lot Fill
I ISOLATED I
[3 NoYes I
® DWQ I
0.019
[:1 Corps
W - -10 ® P ❑ T
Road
ISOLATED I
❑ Nos I
® DWQ
0.004
jI
®❑
jI
El Corps
W -10 ® P ❑ T
Lot Fill
I ISOLATED I
Nos
® DWQ I
0.015
®❑ Corps
W -11 ®P ❑ T
Road
I Headwater Wetland
0 Nos
0.0003
Corps
W -11 ®P [IT
Lot Fill
Headwater Wetland
0 Nos I
0 I
0.013
Yes
W - -12 ® P❑ T
Lot Fill
ISOLATED
0 s I
D Corp I
0.039
W -13 ❑ P ❑ T I
OMITTED
[I NoYes
[I DWQ I
OMITTED
W -14 ❑ P ® T
Force Main
Impounded
Wetland
® Yes
❑ No
® Corps
❑ DWQ
0.273
2g. Total wetland impacts I
0.774
2h. Comments:
Of the 0.774 acres of proposed wetland impacts, 0.387 acres are ISOLATED WETLANDS and 0.387 are JURISDICTIONAL WETLAND
IMPACTS. Of the 0.387 acres of JURISDICTIONAL WETLANDS, 0.114 is permanent.
PREVIOUSLY APPROVED IMPACTS- 10 -09 -15
DEL WEBB
SAW- 2011 -00318
DWQ PROJECT #12 -0077 v.3
Stream Impacts
If there are perennial or intermittent stream impacts (including
temporary impacts) proposed
on the site, then complete this
question for all
stream
sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact number -
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
Permanent (P) or
(PER) or
(Corps - 404, 10
stream
length
Temporary (T)
intermittent
DWQ — non -404, other)
width
(linear feet)
(INT)?
(feet)
S1 (A) ® P ❑ T
Road Crossing
UT to Little Brier
Creek
®N R
Corps
11
178
S1 (A) ❑ P ® T
Road Crossing
(Construction
UT to Little Brier
❑ PER
® Corps
11
37
Corridor)
Creek
® INT
❑ DWQ
S2 (B) ❑ P ® T
I ❑ PER
INT
❑ DWQ
OMITTED I
OMITTED
S3 (C) ® P ❑ T
Road Crossing/
UT to Little Brier
❑ PER
® Corps
22 I
84
Greenway
Creek
® INT
❑ DWQ
Road Crossing/
S3 (C) ❑ P ® T
Greenway
UT to Little Brier
❑ PER
® Corps
22
20
(Construction
Creek
® INT
❑ DWQ
Corridor)
S4 (D) ❑ P ® T
Sanitary Sewer
UT to Little Brier
Creek
O PER
Corps
E:1 DWQ
10 I
37
S5 (F) ❑ P ® T
Aerial Sanitary Sewer/
I
UT to Little Brier
® PER
I
® Corps
6
40
Greenway
Creek
❑ INT
❑ DWQ
S6 (G) ❑ P ® T
Aerial Sanitary ewer/
rY
UT to Little Brier
® PER
I
® Corps
rp
8
36
Greenway
Creek
❑ INT
❑ DWQ
S7 (H) ® P ❑ T
Road Crossing
UT to Little Brier
Creek
® PER
❑ INT
® Corps
❑ DWQ
18 I
240
S7 (H) ❑ P ® T
Road Crossing
(Construction
UT to Little Brier
® PER
® Corps
18
32
Corridor)
Creek
❑ INT
❑ DWQ
S8 (I) ❑ P ® T
I
PER
Corps
OMITTED
S9 (J) ❑ P ® T
Sanitary Sewer/ I
UT to Little Brier
® PER
® Corps
12
40
Greenway
Creek
❑ INT
❑ DWQ
S10 (K) ❑ P ® T
Sanitary Sewer/
UT to Little Brier
® PER
® Corps
19
33
Greenway
Creek
❑ INT
❑ DWQ
S11 (M) ❑ POT
Sanitary Sewer /Force
UT to Little Brier
® PER
® Corps
16
56
Main
Creek
❑ INT
❑ DWQ
S12 (NI) ❑ P ® T
® INT
Corps
OMITTED
S13 (N2) ❑ P ® T
PER
Corps
❑ DWQ
OMITTED
OMITTED
S14 (FM1) ❑ P ® T
Force Main I
Lick Creek
®❑ NT
❑ DWQ
27
30
S1 ( #1) ❑ P ®T
Utility- Waterline
Little Brier Creek
® PER
® Corps
22
20
(10/18/12 Mod)
❑ INT
❑ DWQ
3h. Total stream and tributary impacts I
883
3i. Comments:
Of the 883 linear feet of proposed stream impacts, 240 are proposed as permanent/perennial, 262 are proposed permanent/intermittent 324
are proposed temporary/perennial and 57 are proposed temporary/intermittent. The last row, S1 ( 0) was the impacts included within the
Modification Approved on October 18, 2012.
PREVIOUSLY APPROVED IMPACTS- 10 -09 -15
DEL WEBB
SAW- 2011 -00318
DWQ PROJECT #12 -0077 v.3
Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts
require mitigation, then you MUST fill out Section D of this form.
6a
® Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact number -
Permanent (P) or
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Temporary (T)
Stream name
mitigation
(square feet)
(square feet)
required?
B1 (A) ® P ❑ T
Road Crossing
UT to Little Brier
Creek
I ®❑ Yes
os
9,601
5,702
B2 (B) ❑ P ® T
Gravity
I UT to Little Brier
I ® Nos I
I 1,719
Sewer /Greenwa y
Creek
2,687
B3 (C) ® P ❑ T
Road
I UT to Little Brier
I ❑ Yes I
5,584
I 2,899
Crossing /Greenway
Creek
® No
B4 (D) ❑ P ® T
Gravity Sewer
UT to Little Brier
Creek
( ® No I
2,045
I 1,249
B5 (E) ®P ❑ T
Road Crossing
I UT t Creek Brier
El Nos I
12, 913
7,176
B6 (F) ❑ P ® T
Gravity
UT to Little Brier
❑ Yes
2,584
2,485
Sewer /Greenway
Creek
® No
B7 (G) ❑ P ® T
GravityI
UT to Little Brier
I ® I
I 1,504
Sewer /Greenwa y
Creek
2,235
No
B8 (H) ® P ❑ T
Road Crossing
I UT to Little Brier
Creek
®❑ Nos
15,497
13,088
B9 (I) ❑ P ® T
Gravity Sewer
( UT to Little Brier
Creek
I ® Yes
os
2,061
1,386
B10 (J) ❑ P ® T
Gravity
UT to Little Brier
I ❑ Yes
2,602
I 1,755
Sewer /Greenway
Creek
® No
611 (K) []POT
Gravity Sewer /Force
UT to Little Brier
El Yes
2,450
1,635
Main /Greenway
Creek
® No
612 (M) El P ®T
Gravity Sewer /Force
I
UT to Little Brier
I
❑ Yes
I I
3,512
2,811
Main
Creek
® No
B13 (N1) ❑ P ® T
I OMITTED
I
I ❑ Nos I
OMITTED
I OMITTED
B14 (N2) ❑ P ® T
OMITTED
El Yes s I
OMITTED
OMITTED
P®T Force
Main
Lick Creek
® Nos
1,998
1,484
PARALLEL BUFFER
UT to Little Brier
ED Yes Zone
IMPACTS -See
Attached Table
Parallel Utility/Greenway
Creek or Brier
1 only
13,583
89,411
SPOT
Creek
El No
B16 ( #1) ❑ P ®T
UT to Little Brier
® Yes
(10118112 Mod)
Utility- waterline
Creek
❑ No
1,209
509
B17( #12)❑ P ® T
Aerial Sanitary
UT to Little Brier
® Yes
(10130113 Mod)
Sewer Crossing
Creek I
❑ No I
2,074
I 1,298
6h. Total
buffer impacts I
82,635
I 136,111
6i. Comments: The above listed riparian buffer impacts B1 -B17 are the perpendicular crossings (i.e. road /utility/ greenway) through the
riparian buffer, the PARALLEL BUFFER row on this table is a total of the parallel riparian
buffer impacts previously Approved. The last
row, B17 ( #12) was the
impacts included within the last Modification Approved on October 30, 2013.
Del Webb- UPDATED Parallel Buffer Impact Table
October 9, 2015
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary (T)
required?
B1 ®P ❑ T
Parallel Utility
Little Brier
Creek
a Nos
56
0
B2 ®P ❑ T
Parallel Utility
Little Brier
Creek
I ®❑ Nos
130
0
B3 [:]PET
Parallel Utility
Little Brier
Creek
I ® Nos
0
14,027
B4 ®P ❑ T
Parallel Utility
I Little Brier
Creek
®❑ Nos
I 254
0
B5 ®P ❑ T
Parallel Utility
Little Brier
I Creek
® Yes
❑ No
29
0
66 ❑ P ®T
Parallel Utility
Little Brier
I Creek
El Yes
® No
I 0
7,712
67 ®P ❑ T
Parallel Utility
Little Brier
Creek
® Yes
❑ No
115
0
B8 ® P ❑ T
Parallel Utility
Little BrierI
Creek
138
®❑ Nos
I
0
B9 ®P ❑ T
Parallel Utility
I Little Brier
Creek
No
23
0
B10 ®P ❑ T
Parallel Utility
I Little Brier
Creek
No
2
I 0
B11 ❑ P❑ T
I
a Yes s
I 0
I OMITTED
B12 ❑ P ®T
Parallel
Little Brier
I ❑ Yes
0
8,363
Utility/Greenway
Creek
® No
B13 [:]PET
Parallel
Little Brier
I ❑ Yes
0
1,925
Utility/Greenway
Creek
® No
B14 ❑ P ® T
Parallel Utility
Little Brier
Creek
® Nos
0
914*
B15 [:]POT
Parallel
UT to Little Brier
❑ Yes
I 0
803
Utility/Greenway
Creek
® No
B16 ❑ P ® T
Parallel
UT to Little Brier
❑ Yes
I 0
I 2,043
Utility /Greenway
Creek
® No
B17 [-]POT
Parallel
UT to Little Brier
I ❑ Yes
I 0
I 2,463
Utility /Greenway
Creek
® No
B18 ❑ P ®T
Parallel
I UT to Little Brier
I ® Yes
I 0
I 3,116
Utili /Greenwa y
Creek
No
B19 [:]POT
Parallel
I UT to Little Brier
I ❑ Yes
I 0
I 1,534
Utility /Greenway
Creek
® No
B20 ❑ P ® T
Parallel
I UT to Little Brier
I ❑ Yes
I 0
I 365
Utility/Greenway
Creek
® No
B21 ❑ P ® T
Parallel
I UT to Little Brier
I ® Yes
I 0
I 591
Utili /Greenwa y
t
Creek
No
B22 ❑ P ® T
Parallel Utility
UT to Little Brier
Creek
No
0
493
B23 ❑ P ® T
Parallel Utility
UT to Little Brier
Creek
® Nos
0
1,757
B24 ❑ P ® T
Parallel Utility
I UT to Little Brier
Creek
I ® No
I 0
I 5,154
Page 1
Del Webb- UPDATED Parallel Buffer Impact Table
October 9, 2015
B25 ® P ❑ T
Parallel
UT to Little Brier
® Yes
15
0
Utility /Greenway
Creek
❑ No
B26 ❑ P ® T
Parallel
UT to Little Brier
❑ Yes
0
11,426
Utility/Greenway
Creek
® No
B27 ® P ❑ T
Parallel
UT to Little Brier
® Yes
690
0
Utility /Greenway
Creek
❑ No
B28 ®P ❑ T
Parallel
UT to Little Brier
® Yes
784
0
Utility/Greenway
Creek
❑ No
B29 ® P ❑ T
Parallel
UT to Little Brier
® Yes
18
0
Utility/Greenway
Creek
❑ No
B30 ❑ P ® T
Parallel
UT to Little Brier
❑ Yes
0
547
Utility/Greenway
Creek
® No
B31 ❑ P ®T
Parallel
UT to Little Brier
❑ Yes
0
18
Utility/Greenway
Creek
® No
B32 ❑ P ® T I
Parallel
I UT to Little Brier I
❑ Yes
0
( 218
Utility/Greenway
Creek
® No
B33 ❑ P ® T I
Parallel
I UT to Little Brier I
❑ Yes
0
I 3,281
Utility/Greenway
Creek
® No
B34 ❑ P ®T I
Parallel Utility
UT to Little Brier I
Creek
® Nos
0
I 1,098*
B35 ® P ❑ T I
Parallel Utility
UT to Little Brier I
Creek
a Nos
40
I 0
B36 ❑ P ® T
Parallel Utility
UT to Little Brier
Creek
® Nos
0
2,014
B37 ❑ P ® T
Parallel Utility
UT to Little Brier
Creek
® Nos
0
557
B38 ❑ P ®T
Parallel Utility
UT to Little Brier
Creek
® Nos
0
1,362
B39 ❑ P ® T I
Parallel Utility
I UT to Little Brier I
Creek
® Nos I
0
I OMITTED*
B40 ❑ P ® T I
Parallel Utility
I UT to Little Brier I
Creek
® No I
0
I OMITTED*
B41 ❑ P ® T I
Parallel Utility
I UT to Lick I
Creek
®NoYes I
0
729
B42 ❑ P ® T
Parallel Utility
UT to LickI
Creek
® No I
0
2,241
B43 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
® Nos I
0
65
B44 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
Q No I
9,623
0
B45 ❑ P ® T
Parallel Utility
UT to LickI
Creek
® No I
0
251
B46 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
Nos I
1,665
0
B47 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
El Yes I
0
1,866
B48 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
® No I
0
2,223
B49 ❑ P ® T
Parallel Utility
UT to Lick I
Creek
® No I
0
2,139
6h. Total buffer impacts
13,582
81,295
*REDUCED /OMITTED parallel impacts;
Page 2
Soil & Environmental Consultants, PA
8112 Falls of Neuse Road, Suite 1111, Raleigh, NC 27615 • Phone: (919) 846 -59181 • Fax: (91 �l) 846 -9467
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Del Webb Carolina Arbors- Active Adult Community S &EC Project # 11575
Date: q %/4% K
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Eric Alsmever Field Office: Raleigh Regulatory Field Office
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 Soil & Environmental Consultants, PA (S &EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S &EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions.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 S &EC staff. You should call
S &EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN):
Site Address:
City, County, State:
070 -03 041-
A51006 L"4*it w 00
PROPERTY OWNER INFORMATION:.
Name: Ait. -M How a
Mailing Address: G . 4 o i rL,
Telephone Number: � IT3�n 4 — ! f
RISOJOI K1144
Prop y Owner (please print)
GAL
Property Owner Signature
Va , (_pQ,i,
9It%fIK
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Project No. Figure I - 1 :24K U5G5
11575.P I Topographic Quadrangle
Project Mgr.: Lee5vdle Road AAC
58 Pulte Homes
5caie: Durham, NC
1 " = 2,000'
5E Durham Quad
12/20/20
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 846 -5900 • (919) 846-9467
Web Page: www.SandEC.com
i
We
t yam'
Project No.
Figure 2 -NKC5
11575.P I
Soil Survey Map
Project Mgr.:
Leesville Road AAC
55
Pulte Homes
Scale:
Durham, NC
I" = 1,320'
Wake Co Sheets 17 418
12/20/20 Durham Co Sheets 26 4 33
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd." Raleigh, NC 27614
(919) 846 -5900 " (919) 846 -9467
Web Page: www.SandEC.com
Deborah Shirley
From: Steven Ball
Sent: Wednesday, May 06, 2015 10:15 PM
To: Randy King <Randy.King @PulteGroup.com> (Randy.King @PulteGroup.com)
Cc: Deborah Shirley
Subject: FW: Dell Webb /Leesville Road Active Adult Community, AID SAW- 2011 -00318
(UNCLASSIFIED)
Randy,
Per our conversation earlier. See email for Ross Pond.
SB
Steven Ball
NC Registered Forester # 1723
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
0- 919- 846 -5900
M- 919 - 691 -2114
F- 919- 846 -9467
sbaha,sandec.com
Visit us at sandec.com
From: Alsmeyer, Eric C SAW fmailto: Eric .C.Alsmever(cbusace.armv.mill
Sent: Wednesday, May 06, 2015 10:51 AM
To: Steven Ball
Subject: RE: Dell Webb /Leesville Road Active Adult Community; AID SAW- 2011 -00318 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Steven: I can confirm this with a desktop JD without going to the site. I will need one wetland data form and one upland
data form showing what you found in the wetland and upland portions of the pond bottom.
Please reply or call if you have any questions or if I may serve you in any other way.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at htti): / /reeulatorv.usacesurvev.com /.
Thank you,
Z.
Eric Alsmeyer
Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
1
Tel: (919) 554 -4884, x23
Fax: (919) 562 -0421
Regulatory Homepage: htti): / /www.saw.usace.armv.mil/ Missions /RepulatorvPermitProeram.asox
(If you need information that is not yet available on our new website, please let me know)
From: Steven Ball fmailto:sball @sandec.coml
Sent: Friday, April 17, 2015 8:18 AM
To: Alsmeyer, Eric C SAW
Subject: [EXTERNAL] Dell Webb /Leesville Road Active Adult Community
Eric,
This is for Dell Webb upon Leesville Road (across from Sierra), for Pulte. This was what they were calling the Ross
Pond. They drained this pond and plan to fill most of it. It was drained last spring and sat through the full growing
season. I went a delineated the pond bottom a few weeks back. Wanted to know if you need to look at it or if you were
good with my delineation. See attached sketch. It did quite well draining. It's the pond with the blue arrow pointing to
it on the USGS map.
Let me know your thoughts.
Steven Ball
NC Registered Forester # 1723
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
0- 919- 846 -5900
M- 919 - 691 -2114
F- 919- 846 -9467
sbaW,sandec.com
Visit us at sandec.com
Classification: UNCLASSIFIED
Caveats: NONE
N
—F U
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2011 -00318 County: Durham U.S.G.S. Quad:.NC- SOiJTHEAST'DURHAM
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Pulte Home Corporation Agent: Soil & Environmental Consultants. PA
Address: Chris Raughlev Debbie Edwards
1225 Crescent Green Drive. Suite 250 Address: 11010 Raven Ridge Road
Carv. NC. 27518
Raleigh. NC. 27614
Telephone: 919 - 816 -1100 Teleohone: 919- 846 -5900
Size and location of property (water body, road name /number, town, etc.): -432 acre assembled tract on the south side of
Leesville Road. 2.200 feet east of Doc Nichols Road, southeast of Durham. NC. Latitude 35.935 Longitude - 78.789
Description of projects area and activity: Permanent impacts to 0.11 acre of forested headwater wetlands, 240 linear feet of
perennial warmwater stream. 262 linear feet of intermittent warmwater stream. and temporarvimpact to 0.27 acre of non -
tidal freshwater marsh wetland. 400 linear feet of perennial warmwater stream, and 57 linear feet of intefmittent warmwater
stream, for construction of road crossings, lot fill, utility force main crossings. and ereenwav trail crossings, related to the Del
Webb Active Adult Community residential development. An additional 0.39 acre of isolated wetlands not regulated under.
Section 404 of the Clean Water Act will also be impacted.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 12 Utilitv Line Activities. NWP 14 Linear Transportation Proiects. & NWP 29
Residential Developments.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 1/27/2012, and revised on 5/31/2012 and
9/25/2012. and the request for re- verification by e-mail dated 8/28/2014. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal
action. The 300 linear foot limit on impacts to streams, including intermittent streams, is specifically waived for this project
since the Corps has determined that the activity will result in minimal adverse effects.
Note: This verification replaces the verification dated 10/3/2012; the mitigation requirements have not changed.
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 Quality (telephone (919) 733 -1786) 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.
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 Eric Alsmeyer at 919 - 554 - 4884 x23.
Digitally signed by AL5MEYER.ERIC-C.1087624486
y, DN: r —U5, o =US. Government, ou =DoD, ou =PKI,
sy ou =USA, cn= ALSMEYER.ERIC-C.1087624486
Corps Regulatory Official Date: 2014.10.0310:44.06.04'00`
Date: 10/3/2014 Expiration Date of Verification: 3/18/2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please
complete the attached customer Satisfaction Survey or visit httu:// nett .nwo.usace.armv.miVsurvev.html to complete the survey online.
Action Id. SAW -2011 -00318
Special Conditions:
10/3/2014
1. Pulte Homes, Inc. shall abide by all stipulations identified in the Memorandum of Agreement between the United
States Army Corps of Engineers and the North Carolina State Historic Preservation Officer, executed August 3, 2012,
copy attached and identified as Exhibit A.
2. In order to compensate for impacts to 240 linear feet of warm stream, the permittee shall secure 480 warm stream
credits from the Forrest Creek Stream and Riparian Buffer Mitigation Bank, located in the Neuse River Basin,
Cataloging Unit 03020201.
Work in jurisdictional areas authorized by this permit cannot be initiated until the District Engineer (DE) is in receipt
of written documentation, signed by an approved representative of the mitigation bank, confirming that the bank
Sponsor has accepted responsibility for providing the required compensatory mitigation in accordance with the
approved Mitigation Bank Instrument. This confirmation must include the appropriate number and resource type of
credits that have been secured from the Sponsor. It is the Permittee's responsibility to provide this documentation to
the DE, and until this documentation has been received, the Permittee retains responsibility for providing all
compensatory mitigation associated with this permit.
3. In order to compensate for impacts to 0.11 acre of wetlands 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 0.22 acre of non - riparian wetlands in the Neuse River Basin, Cataloging Unit 03020201. Construction
within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NCEEP
and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written confirmation
to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the NCEEP
In -Lieu Fee Instrument, approved by the United States Army Corps of Engineers, Wilmington District on July, 28,
2010.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 8/10/2012. Action ID SAW - 2011 - 00318.
Deborah Shirley
From: Alsmeyer, Eric C SAW <Eric.C.Alsmeyer @usace.army.mil>
Sent: Friday, November 01, 2013 12:04 PM
To: Deborah Shirley
Subject: Del Webb Active Adult Community residential development; relocated sewer line
crossing; SAW- 2013 - 00318. (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
On October 17, 2013, the US Army Corps of Engineers, Wilmington District received your written notification
that you intend to relocate a proposed buried sewer line crossing, related to previous nationwide general permit
authorization for the Del Webb Active Adult Community residential development, on an approximately 432
acre assembled tract on the south side of Leesville Road, 2,200 feet east of Doc Nichols Road, southeast of
Durham, NC (Latitude 35.935 Longitude - 78.789). The new sewer crossing will be an aerial pipe over a
stream, with no wetland impact, so the total temporary impacts to perennial streams has been reduced by 31
linear feet to 369 linear feet.
No 404 authorization is required for this change, the original nationwide permit verification for this project
remains valid, with the exception of this change, and the mitigation requirements have not changed. The Action
Identification Number for this project is SAW- 2013 - 00318.
This response to your notification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits, including Neuse Buffer Certification from the NC Division
of Water Resources.
Please let me know if you have any questions regarding this permit or the conditions. You can call me
at telephone (919) 554 -4884, ext 23 or contact me via e-mail at eric.c.alsmeverQusace.armv.mil.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our website at
httn:// ner2 .nwu.usace.annv.mil /survev.htmi to complete the survey online (Paper copies available upon
request).
Eric Alsmeyer
Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Tel: (919) 554 -4884, x23
Fax: (919) 562 -0421
Regulatory Homepage: httD: / /www.saw.usace.annv.miI/ Missions /ReaulatorvPermitProaram.asi)x
(If you need information that is not yet available on our new website, please let me know)
Classification: UNCLASSIFIED
Caveats: NONE
A"i't"AA
�D���
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
October 30, 2013
Pulte Homes Corporation
Attn: Chris Raughley
1225 Crescent Green Drive, Ste. 250
Cary, NC 27518
'_.V042013
John E. Skvada, III
Secretary
DWR # 12- 00770
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (1SA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
GENERAL PERMIT FOR ISOLATED WATERS IMPACTS
Del Webb
Dear Mr, Raughley:
You have our approval for the impacts listed below for the purpose described in your application dated
October 16, 2013 and received by the Division of Water Resources (Division) on October 16, 2013. These
impacts are covered by the attached Water Quality General Certification Numbers 3884, 3886, and 3890 and
the conditions listed below. These certifications are associated with the use of Nationwide Permit Numbers
12, 14, and 29 once they are issued to you by the U.S. Army Corps of Engineers. Non -404 /Isolated Waters
impacts are covered by State General Permit Number IWGP100000 and the conditions listed below. 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 401 Certification, Buffer Authorization, and General Permit for Isolated
Waters Impacts replace the 401 Certification, Buffer Authorization, and General Permit for Isolated Waters
Impacts issued to you on October 18, 2012.
This approval requires you to follow the conditions listed in the enclosed certifications 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, General Permit and /or Buffer Rules are met. No other impacts are approved, including
incidental impacts.
None Carolina
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwsteraualitv.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer - 50% Recyded(10% Post Consumer Paper
Type of Impact
i
j Isolated Wetland
Site 1
I Isolated Wetland
Site 2
Isolated Wetland
Site 3 - Road
Isolated Wetland
j Site 3 — Lot Fill
Isolated Wetland
Site 4A
Isolated Wetland
Site 413
Isolated Wetland
Site 5
Isolated Wetland
f Site 6 - Road
Isolated Wetland
Site 6 — Lot Fill
Isolated Wetland
j Site 7
E 404 Wetland
Site 8A - Road
404 Wetland
Site 8A — Lot Fill
404 Wetland
Site 86
Isolated Wetland
j Site 9
1 Isolated Wetland
Site 10 - Road
i Isolated Wetland
Site 10 — Lot Fill
404 Wetland
j Site 11- Road
i 404 Wetland
Site 11— Lot Fill
Amount Approved
(units)
Permanent
0.017
(acres)
0.015
(acres)
i
1 0.048
(acres)
0.162
(acres)
0.006
(acres)
0.002
(acres)
0.009
(acres)
0.007
(acres)
i
0.025
(acres)
i
0.019
(acres)
f 0.015
(acres)
! 0.039
i
(acres)
0.047
(acres)
0.019
(acres)
0.004
(acres)
i
0.015
(acres)
1 0.0003 (acres)
0.013 (acres)
Del Webb
DWR #12 -00770
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 2 of 7
Amount Approved
1 (units)
1 Temporary
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
i
I 0 (acres)
i'
0 (acres)
0 (acres)
i 0 (acres)
0 (acres)
0 (acres)
I
0 (acres)
0 (acres)
0 (acres)
0 (acres)
i 0 (acres)
0 (acres)
i
i
i
i
I
I Isolated Wetland
Site 12
404 Wetland
Site 14
Stream
Site A
Stream
Site B
I Stream
Site C
Stream
Site D
Stream
Site F
Stream
Site G
Stream
Site H
Stream
Site 1
Stream
Site K
Stream
Site M
Stream
Site FM1
Stream
Site #1 (10/18/12
modification
approved)
Buffer —Zone 1
Site A
Buffer —Zone 2
Site A
Buffer —Zone1
Site B
Buffer —Zone2
Site B
Buffer —zone 1
Site C
Buffer — Zone 2
10.039 (acres)
0 (acres)
178 (linear feet)
0
(linear feet)
84
(linear feet)
0
(linear feet)
j 0
(linear feet)
0
(linear feet)
240 (linear feet)
0
(linear feet)
0
(linear feet)
0
(linear feet)
! 0
(linear feet)
0
(linear feet)
9,601 (square feet)
5,702 (square feet)
0 (square feet)
0 (square feet)
5,584 (square feet)
2,899 (square feet)
Del Webb
DWR ##12 -00770
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 3 of 7
0 (acres)
f+ 0.273 (acres)
1
37 (linear feet)
45 (linear feet)
20 (linear feet)
37 (finearfeet)
40 (linear feet)
36 (linear feet)
32 (linear feet)
40 (linear feet)
33 (linear feet)
{ 56 (linear feet)
30 (linear feet)
20 (linear feet)
0 (square feet)
0 (square feet)
2,687 (square feet)
1,719 (square feet)
0 (square feet)
i
0 (square feet)
Site C
Buffer —Zone 1
Site D
Buffer —Zone 2
Site D
Buffer —Zone 1
Site E
Buffer —Zone 2
Site E
Buffer —Zone 1
Site F
I Buffer — Zone 2
Site F
Buffer —Zone 1
j Site G
Buffer —Zone 2
Site G
Buffer —Zone 1
Site H
Buffer —Zone 2
j Site H
Buffer —zone 1
Site I (allowing to
t regenerate)
j Buffer —Zane 2
Site I (allowing to
regenerate)
Buffer —Zone 1
Site 1
Buffer — Zone 2
j Site 1
Buffer —Zone 1
Site K
Buffer —Zone 2
I Site K
jBuffer —Zone 1
Site M
j Buffer —Zone 2
Site M
Buffer — Zone 1
Site FM1
0 (square feet)
i
0 (square feet)
12,913 (square feet)
7,176 (square feet)
10 (square feet)
0 (square feet)
j 0 (square feet)
0 (square feet)
I� 15,497 (square feet)
1
13,088 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
j 0 (square feet)
I
`; 0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
i 0 (square feet
Del Webb
DWR #12- 0077v3
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 4 of 7
2,045 (square feet)
i 1,249 (square feet)
0 (square feet)
0 (square feet)
2,584 (square feet)
C
2,485 (square feet)
2,235 (square feet)
1,504 (square feet)
0 (square feet)
0 (square feet)
2,061 (square feet)
1 1,386 (square feet)
2,602 (square feet)
I
j 1,755 (square feet)
2,450 (square feet)
1,635 (square feet)
3,512 (square feet)
2,811 (square feet)
i 1,998 (square feet)
Del Webb
DWR #12 -00770
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 5 of 7
Buffer —Zone 2 I 0 (square feet) I 1,484 (square feet)
Site FM1
Buffer —Zone 1 13,583 (square feet) - total of permanent and
temporary impacts previously approved
Site Parallel
Utility /Greenway
Buffer — Zone 2 89,411 (square feet) — total of permanent and
temporary impacts previously approved
Site Parallel
Utility/Greenway
Buffer —Zone 1
0 (square feet)
1,209 (square feet)
Site #1(10/18/12
modification
approved)
Buffer — Zone 2
0 (square feet)
509 (square feet)
Site #1 (10/18/12
modification
approved)
Buffer — Zone 1
0 (square feet)
2,074 (square feet)
Site 12 (current
request)
Buffer — Zone 2
0 (square feet)
1,298 (square feet)
Site 12 (current
request)
2. Stormwater Management Plan (SMP) Aporoval from Local Communitv Required
Approved SMP previously submitted to DWR on August 9, 2012.
3. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities through the
protected stream buffers such that it will not re- concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide an engineered level spreader or stormwater facilities to remove
nitrogen and phosphorus prior to discharge. If deemed necessary, these facilities will require additional
approval from the Division of Water Resources.
4. Mitigation
Mitigation was previously required and has been paid in full.
Del Webb
DWR #12 -0077v3
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 6 of 7
5. No Waste, Spoil, Solids, or Fill of Anv Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
6. 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.
7. 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, Buffer Authorization, and General
Permit. 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, General Certification, and General Permit and is responsible for complying with all
conditions.
8. This approval and its conditions are final and binding unless contested.
This Certification, Buffer Authorization, and General Permit can be contested as provided in Articles 3
and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
httD: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presneil, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
if sending by Fiat Class Mail
via the US Postal Service;
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Del Webb
DWR #12 -00770
401, BUFFER, AND ISOLATED WATERS APPROVAL
Page 7 of 7
if sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act, the Neuse Riparian
Buffer Rules as described in 15A NCAC 02B .0233, and impacts to isolated and other non - jurisdictional
wetlands and waters. Please contact Cherri Smith at 919 -791 -4251 or cherri.smith l7ncdenr.eov if you have
any questions or concerns.
ncere ,
�/nn✓
Danny Smit , Supervisor
Water Quality Regional Operations Section
Enclosures: GC 3884, 3886, 3890, and IWGP100000
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Deborah-Edwards Shirley; Soil &,Environmental Consultants; 8412 Falls of Neuse.Road; Ste. ^104;
Raleigh, NC 27615
Fro tem
PROORANI
CEWT
August 30, 2012
Randy King
Pulte Homes Corporation
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
Project:
Del Webb Adult Active Community
County:
Wake
DWQ#
12 -0077
COE#:
2011 -00318
EEP #:
20724
Amount Paid:
$12,077.75
Check Number: 71727739
The North Carolina Ecosystem Enhancement Program ( NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above
referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated
with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009-
337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011 -343.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the
permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be performed in accordance with the
N.C. Department of Enviranment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28,
2010.
River Basin Stream Credits Wetland Credits Buffer I& II
HUC (linear feet) (acres) (Sq. Ft.)
Cold I Cool I Warm Riparian I Non - Riparian Coastal Marsh
Neuse 0 0 0 0 0.22 0 0
03020201
Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in
accordance with EEP's refund policy at www.nceep.net. If you have any questions or need additional'information, please contact
Kelly Williams at (919) 716 -1921.
Sincerely,
u ime
Acting Director
cc: Karen Higgins, FCDWQ Wetlands/401 Unit
Eric Alsmeyer, USACE- Raleigh; Tyler Crumbley, USACE - Raleigh
Lauren Witherspoon, NCDWQ•Raleigh
Debbie Edwards, agent
File
R.P,st dol; �5.., 'E ... Pro" Our Jm&
r 1.1111!
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919 - 715 - 0476 / www.noeep.net
AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY, and
CITY OF DURHAM
The undersigned, EBX Neuse I, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Mitigation Bank (DWQ Number 08- 1473), hereby certifies the following: (Rudolph DWQ
Number 2010 -0408)
Pulte Group has deposited monies with the Sponsor sufficient to acquire
70,000.00 Buffer Credits (square feet) from the Bank for use on its Del Webb
Durham Development project, in Durham, NC, in HUC 03020201 of the Neuse
River Watershed.
2. The Del Webb Durham Development project requires a total of 70,000.00 Buffer
Credits as mitigation. Of this amount 70,000.00 Buffer Credits are being provided
by the Bank.
3. The Sponsor has deducted 70,000.00 Buffer Credits from the Bank's credit ledger
for HUC 03020201 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit.
EBX Neuse I, LLC
By: —L,
(Cara S. Nelson)
Proiect Administrator
(Title)
Date: 9l Z��/ I
AFFIDAVIT OF CREDIT SALE
NEU -CON WETLAND AND STREAM UMBRELLA BANK
NEUSE Ol
TO: INTER AGENCY REVIEW TEAM MEMBERS (IRT)
The undersigned, EBX, the Bank "Sponsor" of the Neu -Con Wetland and Stream Umbrella Bank
(the "Bank "), hereby certifies the following:
The Pulte Group has deposited monies with the "Sponsor" sufficient to acquire
502.00 Stream Mitigation Credits from the Neu -Con Wetland and Stream
Umbrella Bank, Howell Woods site for use as compensatory mitigation for its Del
Webb Durham Development project.
2. The Del Webb Durham Development project requires a total of 502.00 Stream
Mitigation Credits in HUC 03020201 as part of its mitigation requirements.
Of this amount 502.00 Stream Credits has been deducted from the bank's Howell
Woods Stream Credit Ledger in the Neuse 01 River Basin..
3. The Sponsor has deducted 502.00 stream credits from the respected ledgers
provided for review.
EBX,LLC
Y
Matthew Fisher, Authorized Agent
Date: 08/23/12
Copies:
Monte Matthews, Regulatory Project Manager, US Army Corps of Engineers
Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Amy Chapman, DWQ Wetlands, Buffer, and Stormwater Compliance and Permits Unit, Buffer
Coordinator, 512 N. Salisbury St., Raleigh, NC 27604, Archdale Building - 9th floor
Eric Kulz, Environmental Senior Specialist, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Mitigation Credit Transfer Certificate
August 30, 2012
Pulte Home Corp
100 Bloomfield Hills Parkway
Suite 300
Bloomfield Hills, MI 48304
Lane Island Bank Parcel ID: DWQ #0845100
Local Government: City of Raleigh
Project Name: Del Webb
Transaction Number:
Riparian Buffer Credits Purchased: 44,576
8 digit -HUC: 03020201
River Basin: Neuse
Amount Paid: $37,889.60
Check Number: 71727660
You have elected to fulfill your permitted nutrient and/or buffer mitigation requirements by paying into
Restoration Systems' Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Bank.
The Bank has received full payment for nutrient offset requirement for the above referenced project. This project
is located in the jurisdiction of the above named Local Government which is required to implement stormwater
management requirements as part of the Neuse River Nutrient Sensitive Waters Management Strategy. The above
named Local Government must review and approve developers' stormwater management plans which are to
include options to offset nutrients loads occurring at the development site. Payment into a private mitigation bank
is acceptable per this nutrient strategy rule. The above named Local Government specified and verified the
amount of the offset necessary for permit approval.
You must also comply with any other state, federal or local government permits or authorization associated with
this activity including SL 2009 -337, An Act to Promote Compensatory Mitigation Banks. This payment into the
Bank is not transferable. If you have any questions or need additional information, please contact Tiffani Bylow
at (919) 334 -9123.
Sincerel ,
Tiffani Bylow
CC: DWQ -Katie Merritt, Nutrient Offset Bank Coordinator
Restoration Systems, LLC 1101 Haynes Street, Sine 211 Raleigh NC 21804
919 - 755 -9490 tbvlom5restorationsys1ems.com www restoratwnsystems corn
t
WILDLANDS
ENGINEERING
August 30, 2012
Ms. Lauren Whitherspoon
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Raleigh Regional Office
1601 Mail Service Center
Raleigh, NC 27699 -1601
Re: Confirmation and Transfer of Riparian Buffer credits for the Del Web —
Active Adult Community. DWQ Project # 12 -ooT7 Revised. Durham County.
Dear Ms. Whitherspoon:
This letter is to inform you that Pulte Group has purchased 79,152 sq. ft. of Riparian Buffer credits
from the Wildlands Little River Mitigation Site. The Little River Site is part of the Wildlands Neuse
River Riparian Buffer & Nutrient Umbrella Mitigation Bank, DWQ Project # 09- o866V2, (the
" Wildlands Bank"). These credits were purchased and transferred on July 31, 2012 to offset impacts
related to the project known as Del Web Active Adult Community in Durham County, North Carolina.
DWB Project # 12 -0077 Revised.
Projects eligible for utilization of credits from the Wildlands Bank are those requiring authorization
under the requirements of 15ANCAC 2B.0233 ( Neuse Buffer Rule), iSANCAC 211B.0234 (Wastewater
Discharge Requirements),15ANCAC 2B.o235 (Basin -wide Stormwater Requirements), and
15ANCACo2B.o242 (Mitigation Program for Protection and Maintenance of Existing Riparian
Buffer); 15ANCAC2H.05o6(h) (NC Stream, Wetland and Buffer Mitigation), and 15ANCAUBm4o
(Nutrient Offset Payments) under such authority as established in SL2007 -438 and any amendments
thereto provided such use has met all applicable requirements and is authorized by the appropriate
authority and any others as deemed appropriate by NCDWQ.
The Wildlands Bank is on the NC Division of Water Quality list of approved mitigation banks
(htty: / /nortaLncdenr.org /c /document library /a_et file ?uuid= s. .5bfw_gda- tiabQ- g4os -44o6-
811& s 6ob68bcd&aroupId= R 8" .
If you have any questions regarding the purchase of these credits, please contact me at 919-851-9986
ex. loo or rbiwa0wildlandsene.com.
Sincerely,
Robert W. Bugg
Wildlands Engineering, Inc.
Cc: Ms. Katie Merritt, NCDWQ (with updated credit ledger), via Electronic Mail
Wildlands Souduast Holdings I, LLC • 5605 Chapel Hill Road, Suite 122 - Raleigh, TIC 27607
Invoice
Date
7 -10 -12
Invoice #
7101202
WILDLANDS
ENGINEERING
Bill To Payable To
Mr. Randy King, P.E. Wt1dI _ _s,$eiuf Imt Holdings I LLC
Land Planning and Entitlements Manager 56Q5�:Cflape7 "A 76"61
Pulte Group �+� e 122
1225 Crescent Green Drive sleigh, NC 27607
Suite 250
Cary NC 27518 i
Project Name
Del Webb Durham —
Leesville Road Active Ac
Community. Case #
D1100150
Line
Item
01
Sales Tax
s
Name I
jAtttle River Farm
Reserved — "oe ent Mitigation Bank
"Valid through June, V Neuse HUC 03020201
DWQ Project # 09- 0866V2
\. W11
Qttty Unit Price Amount
i
Thank you for your business. If you have any
questions regarding this invoice please call
Robert Bugg at 919 -851 -9986 ex. 100 or
ft gpni1dlandsen cgm
79,152 sq. R. $ 0.80 $ 63,321.60
N/A
Total $ 63,321.60
Wildlands Southeast Holdings I LLC 5605 Chapel Hill Road, Suite 122 • Raleigh, NC 27607
Mitigation Credit Transfer Certificate
November 19, 2012
Pulse Home Corp
100 Bloomfield Hills Parkway
Suite 300
Bloomfield Hills, MI 48304
Lane Island Bank Parcel ID: DWQ #08- 05100
Local Government: NC DWQ
Project Name: Del Webb — Active Adult Community
Transaction Number: 12 -007 v.2
Riparian Buffer Credits Purchased: 1,404 sgft
g digit -HUC: 03020201
River Basin: Neuse
Amount Paid: $1,193.40
Check Number: 71728254
You have elected to fulfill your permitted nutrient and/or buffer mitigation requirements by paying into
Restoration Systems' Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Bank.
The Bank has received full payment for nutrient offset requirement for the above referenced project. This project
is located in the jurisdiction of the above named Local Government which is required to implement stormwater
management requirements as part of the Neuse River Nutrient Sensitive Waters Management Strategy. The above
named Local Government must review and approve developers' stormwater management plans which are to
include options to offset nutrients loads occurring at the development site. Payment into a private mitigation bank
is acceptable per this nutrient strategy rule. The above named Local Government specified and verified the
amount of the offset necessary for permit approval.
You must also comply with any other state, federal or local government permits or authorization associated with
this activity including SL 2009 -337, An Act to Promote Compensatory Mitigation Banks. This payment into the
Bank is not transferable. If you have any questions or need additional information, please contact Tiffani Bylow
at (919) 334 -9123.
Sin
Tiffani Bylow
CC: DWQ -Katie Merritt, Nutrient Offset Bank Coordinator
Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh NC 27604
919 - 755 -9490 tbviow(@restorationsystems.com www.restorationsystems.com
Deborah Shirley
From: Lucas, Annette <annette.lucas @ncdenr.gov>
Sent: Thursday, August 16, 2012 10:03 AM
To: Randy King
Cc: Witherspoon, Lauren; Debbie Edwards; Strickland, Bev
Subject: RE: DWQ Project #12 -0077 Del Webb - Durham Phase I Stormwater Approvals
Randy,
Thank you for providing the locally approved stormwater plans for Phase I of the Del Webb development. With this
submittal, you have satisfied the stormwater management condition of your 401 Water Quality Certification for this
project.
Please let me know if you have any questions.
Thank you,
Annette
Bev — please ATF.
Annette M. Lucas, PE
Environmental Engineer
NCDENR I DWQ I Wetlands and Stormwater Branch
1650 Mail Service Center, Raleigh, NC 27699 -1650 (Mail)
512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels)
Phone: (919) 807 -6381 ( Fax: (919) 807 -6494 1 Email: Annelte_Lucas4iri cdenr�}ov
Website: ham / /aortal.ncdennore /«deb /wo /swp /ws /401
A Before printing this email, please consider your budget and the environment.
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Randy King fmailto :Randv.Kina(&PulteGrouo.comj
Sent: Thursday, August 09, 2012 1:01 PM
To: Lucas, Annette
Cc: Witherspoon, Lauren; 'Debbie Edwards'
Subject: DWQ Project # 12 -0077 Del Webb - Durham Phase I Stormwater Approvals
Annette, I am delivering 2 copies of the Durham- approved SWM plans for Phase I of the Del Webb development. Phase
I includes BMPs #1, #2 and #4 on the southern portion of the site. Note that BMP #3 was deleted /merged with #1,
during the final design.
This submittal includes the 2 copies of the Signed Plan Sheets, the LS /VFS Supplements, the Prelim Overall Calculations
and the Approved Phase I Calculations.
In your absence, I will deliver these to Lori Dennison at the 9 " floor of the Archdale building.
1
Please review this information when you return and let me know if you have questions or need additional information.
Thanks
Randy
' � I
RANDY KING, P.E.
Land Planning and Entitlements Manager :: Raleigh Division
office direct (919) 816 - 1146:: cell (919) 369 -4602
puitegroup.com
1225 Crescent Green Drive
Suite 250
Cary, North Carolina 27518
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