20150917 Ver 1_More Info Received_20151127

From:Yates, Kevin <[e-mail]>
Sent:Friday, November 27, 2015 12:24 PM
To:Higgins, Karen
Cc:Smith, Cherri L
Subject:RE: DWR# 15-0917 Middleton 401 Permit
Karen/Cherri,

Attached are the signed letters from the current property owners within the Middleton project in which they agree to
authorize MI Homes to apply for the 401 permit for the permit transfer to MI. These were sent out before we were able
to incorporate the suggested changes below, but the owners do understand the process.

I apologize for the confusion, we’ll make sure this is covered in the future.

Thanks!
Kevin

From: Higgins, Karen \[mailto:[e-mail]\]
Sent: Friday, October 30, 2015 10:26 AM
To: Yates, Kevin
Cc: Smith, Cherri L
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Hey Kevin-

A couple things. I suggest wording the letter to read “By checking this box and signing below, I the current
owner… authorize MI Homes of Raleigh, LLC to apply for the NC DEQ-DWR certification… on my property. ” MI
Homes isn’t really applying for the 401 on the owner’s behalf, they are applying and just happen to not own the
property.

Also, you may not want to say that the owner will be absolved from any and all conditions associated with the
401; instead I would recommend stating that once the 401 Certification has been re-issued to MI Homes, MI
Homes will be responsible for complying with any and all conditions associated with the 401.

Thanks-
Karen

Karen Higgins
401 & Buffer Permitting Unit Supervisor
Division of Water Resources
Department of Environmental Quality

919 807-6360 office
[e-mail]

512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
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Email correspondence to and from this address is subject to the
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From: Yates, Kevin \[mailto:[e-mail]\]
Sent: Thursday, October 29, 2015 4:15 PM
To: Higgins, Karen <[e-mail]>
Cc: Smith, Cherri L <[e-mail]>
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Hey Karen/Cherri,

Attached is an example letter I have put together for the current property owners at Middleton to sign, date, and return,
allowing MI Homes to apply and act on their behalf for the 401 application, etc. Just want to make sure this is sufficient to
allow transfer of permit to MI Homes?

Thanks,
Kevin

From: Higgins, Karen \[mailto:[e-mail]\]
Sent: Monday, October 26, 2015 11:58 AM
To: Yates, Kevin
Cc: Smith, Cherri L
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Kevin-

That’s correct. The way the 401 rules are written require that the applicant (when not the owner) be
authorized by the owner to apply for certification or be a public entity with the power of eminent
domain. Since MI Homes does not fall under the latter, they need to provide documentation that they’ve been
authorized to apply. I apologize that we didn’t catch this when the application came in. An email is certainly
fine. I’m guessing you could probably modify your agent authorization form slightly for projects like these in the
future to cover both in one letter. Feel free to give me a call if you have any questions.

Thanks-
Karen

Karen Higgins
401 & Buffer Permitting Unit Supervisor
Division of Water Resources
Department of Environmental Quality

919 807-6360 office
[e-mail]

512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
2

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Yates, Kevin \[mailto:[e-mail]\]
Sent: Monday, October 26, 2015 10:28 AM
To: Higgins, Karen <[e-mail]>
Cc: Smith, Cherri L <[e-mail]>
Subject: Re: DWR# 15-0917 Middleton 401 Permit

Hey Karen,

Just to clarify, section A(4) of the PCN is not enough? We need individual authorization from each owner to MI Homes?
Will an email from each owner stating MI Homes is authorized to act on their behalf etc. sufficient?

Thanks

Kevin Yates

McAdams Company
919-624-6901

On Oct 26, 2015, at 10:06 AM, Higgins, Karen <[e-mail]> wrote:
Hey Kevin-

Is there documentation authorizing MI Homes to apply for the 401 from the property owners? I
looked at the application and saw agent authorization forms authorizing you all (McAdams) to
act on behalf of the owners but I didn’t see anything from the property owners to MI Homes. I
apologize if I missed it, but that is what we’d need to issue the 401 to MI Homes.

Thanks-

Karen

Karen Higgins

401 & Buffer Permitting Unit Supervisor

Division of Water Resources

Department of Environmental Quality

919 807-6360 office

[e-mail]

512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604

1617 Mail Service Center, Raleigh, NC 27699-1617

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Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.

From: Yates, Kevin \[mailto:[e-mail]\]
Sent: Friday, October 23, 2015 3:01 PM
To: Higgins, Karen <[e-mail]>
Cc: Smith, Cherri L <[e-mail]>
Subject: FW: DWR# 15-0917 Middleton 401 Permit

Hey Karen,

Cherri suggested I reach to you on this one. Per the below, I want to see if we can re-issue this 401 GC to
MI Homes instead of the current property owners on the attached 401. There is an offsite sewer line
within an easement that MI Homes will construct and be responsible for impacts on this particular
project, but never own the actual property. MI Homes will own the property within the residential
project boundary, however, they will never own this off-site sewer easement property, they will own the
easement through these properties still owned by current owners. Its similar to a municipal sewer going
through various properties, and eventually this sewer will likely get turned over to the Town of Apex.

The way the 401 was issued, the current owners believe they are responsible for the conditions of the
permit which will never be the case. One of the owners, who doesn’t understand the process, has told us
he is going to petition the GC, which will put us back through another PCN process. I thought the agent
authorization forms, agent section of PCN, resolved this issue as the Corps issued the permit to MI
Homes.

Be glad to discuss further.
Thanks!
Kevin

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Friday, October 23, 2015 12:27 PM
To: Yates, Kevin
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Kevin,

Please talk with Karen and/or Jennifer about this one because this is how I’ve been doing all of the
401’s. If it’s okay with them for me to change this one, I’ll be more than happy to do that. Thanks.

Cherri

From: Yates, Kevin \[mailto:[e-mail]\]
Sent: Friday, October 23, 2015 11:57 AM
To: Smith, Cherri L <[e-mail]>
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Cherri,

Thanks for getting back with me. MI Homes will own the property within the residential project
boundary, however, they will never own the off-site sewer easement property, they will own the
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easement through these properties still owned by current owners, similar to a municipal sewer going
through various properties. Eventually this sewer will likely get turned over to the Town of Apex.

I have to object to the way this was issued, as the current owners have been lead to believe they are
responsible for the conditions of the permit which will never be the case. One of the owners, who
doesn’t understand the process, has told us he is going to petition the GC, which will put us back through
another PCN process. I thought the agent authorization forms, agent section of PCN, resolved this issue,
as the Corps issued the permit to MI Homes.

Be glad to discuss further with you and Karen, etc.
Thanks,
Kevin

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Friday, October 23, 2015 11:43 AM
To: Yates, Kevin
Subject: RE: DWR# 15-0917 Middleton 401 Permit

Hi Kevin,

Unfortunately, I’ve been told that I have issue the 401 to the current owners that’s why I did it that
way. When MI Homes finalizes the purchase, the 401 transfers with the property, and MI Homes will be
responsible for the impacts and complying with the conditions of the permit. I hope this explanation
helps some.

Cherri

From: Yates, Kevin \[mailto:[e-mail]\]
Sent: Friday, October 23, 2015 8:30 AM
To: Smith, Cherri L <[e-mail]>
Subject: DWR# 15-0917 Middleton 401 Permit

Morning Cherri,

We received the 401 yesterday for the Middleton project in Apex, and was wondering if there is anyway
you can re-issue the permit to “MI Homes of Raleigh, LLC” ? As they will be the entity responsible for
making the impacts and complying with the conditions of the permit.

Thanks,
Kevin

Kevin Yates
Senior Environmental Consultant
Project Manager

Water Resources & Infrastructure
Office: 919-361-5000
Direct: 919-287-0895
Mobile: [phone]
McAdamsCo.com

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