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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 CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer Thank you