20140503 Ver 3_401 Application_20160716

-40- WithersRavenel
1 / Our People. Your Success.
July 22, 2016
US Army Corps of Engineers
Raleigh Regulatory Field Office
Mr. Andy Williams
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
Re: Courtyards at O'Kelly Chapel Rd; Phase 4 and 5
Cary, Chatham County
NWP 29 PCN Submittal
WR Project #02120446.00
AID# TBD
Dear Mr. Williams and Ms. Higgins,
On behalf of EPCON Communities, we are requesting authorization from the USACE to use NWP
29 for 0.014 acres of permanent wetland impacts, and 128 If of permanent intermittent stream
impacts for construction of the proposed project. The proposed impacts are less than 150 If to an
unbuffered stream, and do not require written approval from NCDWR. However, we are
requesting an email from NCDWR specifying that written approval is not required.
The project is ±20.1 acres in size and is located at 336 Pittard Sears Road, south of the intersection
of Pittard Sears Rd and O'Kelly Chapel Rd in the Town of Cary, Chatham County, NC (Latitude:
35.840966°N; Longitude: -78.919952°W). The project is located in the Cape Fear River basin and
onsite waters drain to Nancy Branch. The Water Quality Classification for Nancy Branch is WS -IV;
NSW and the Stream Index Number is: 16-41-1-17-3-2. The cataloging unit for the site is
03030002.
Proposed Project
The purpose of the proposed project is to construct Phases 4 & 5 of the Courtyards at O'Kelly
Chapel subdivision to meet the growing demand for residential housing in the area. The proposed
project consists of the construction of a 56 single-family residential lots and associated required
infrastructure (i.e. roads, utilities, stormwater control measures, etc.).
Project History
Onsite wetlands were delineated by WithersRavenel in June 2014. The project site contains one
perennial stream, one intermittent stream, and two wetlands.
WR submitted a Preliminary JD Request to Andy Williams with the Corps of Engineers on October
30, 2015 via email. In response to the Preliminary JD Request, afield review of the delineation was
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

Courtyards atO'KellyChapelRd -NWP 29 PCN 10 WithersRavenel
Our People. Your Success.
conducted November 12, 2014 by Andy Williams with the US Army Corps of Engineers. No changes
to the delineation were requested during the site review. The Preliminary JD had not been issued
as of the date of the application. WR is requesting issuance of the Preliminary JD in conjunction
with the issuance of the NWP 29.
The original phases of the Courtyards at O'Kelly Chapel was issued a NWP 12 for the construction
of a sanitary sewer line through the subject property on August 15, 2014 (AID# SAW -2013-01935).
The permit authorized 85 linear feet of temporary impacts to an intermittent, unmapped streams
for construction of the sewer line. Specifically, 39 If of the authorized temporary stream impacts
occurred to and the unnamed tributary on the subject property (shown as Stream 2 on the attached
delineation map). There were no permanent 404 wetland or stream impacts associated with the
previously permitted phases of Courtyards at O'Kelly Chapel. A copy of the previously issued NWP
12 has been provided as an Appendix.
NCDWR issued a 401 Water Quality Certification and General Permit for Isolated Waters Impacts
for the original Courtyards at O'Kelly Chapel project on May 27, 2014 and a revised version on July
17, 2014 (DWR# 14-0503v2). These approvals authorized 85 If of temporary stream impacts for
construction of a sewer line, as well as 68 If of permanent impacts to an isolated, intermittent stream
Copies of both the previously issued 401 WQCs are included as an Appendix with this submittal.
The Town of Cary issued a Buffer Determination Letter (TCRD 15-008) for the subject property on
July 9, 2015. A copy has been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 128 If of permanent stream impacts, and 0.014 acres of permanent
wetland impacts.
The proposed 0.014 acres of permanent wetland impact (Impact 1) will occur from construction of
lot 110.
The proposed 128 If of permanent stream impacts (Impact 2) will occur from construction of an
internal roadway (Quinter Drive) which is necessary to access developable upland portions in the
southern portion of the property.
Please note that while authorized impact for the original Courtyards at O'Kelly Chapel subdivision
are understood to be cumulative, there were no previous permitted 404 impacts. Therefore, the
proposed 128 If of permanent intermittent stream impacts and 0.014 acres of permanent wetland
impacts are eligible for authorization under a NWP 29.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Page 2of4

Courtyards atO'KellyChapel Rd-NWP29PCN 10 WithersRavenel
Our People. Your Success.
Proposed permanent impacts have been minimized to only those impacts necessary to construct a
single-family residence (Impact #1), and an interior road (Quinter Drive) to access developable
uplands (Impact #2).
Impact #1 is a permanent wetland impact, and is necessary to construct Lot 110. The proposed fill
is necessary to construct the driveway to the residence, as well as for fill necessary to bring the lot
the required elevation. The impacted wetland (shown as Wetland B on the included wetland
delineation exhibit), is a former shallow-bermed pond bed, with compacted soils, sparse vegetation,
and completely surrounded by uplands with a marginal connection to surrounding hydrologic
features. The hydrology for Wetland B is provided primarily by upland runoff during storm events.
As upland construction occurs on the subject parcel and the surrounding lots, the required
stormwater management system will direct runoff from the lots into the SCM, thereby eliminating
the hydrologic source for this wetland. This will result in Wetland B becoming more disconnected
hydrologically, eventually resulting in Wetland B converting to uplands due to a lack of hydrology.
Impact #2 is required for the construction of Quinter Drive, which has been designed to cross the
stream as close to perpendicular as possible. Additionally, this crossing has been designed to only
impact the uppermost reach of the stream, reducing the total footage to 128 If and avoiding a
culverted crossing that would fragment the stream. In addition, Quinter Drive was slightly shifted
upstream, reducing the impact footage while still providing the necessary lots for project feasibility.
Mitigation
Corps of Engineers
As a result of the permanent stream impacts being less than 150 If and permanent wetland impacts
being less than 0.10 acres, there is no proposed mitigation.
The previously authorized 68 If of permanent impacts to an isolated intermittent stream for the
original Courtyards at O'Kelly Chapel project are considered cumulative with the currently
proposed intermittent stream impacts. While the cumulative stream impacts exceed 150 If, Session
Law 2015-286 (House Bill 765) specifies that NCDWR cannot require mitigation for impacts to
intermittent streams. Therefore, stream mitigation is not proposed. Additionally, proposed
wetland impacts are well below the WQC 3890 mitigation threshold, and therefore wetland
mitigation is not proposed.
Stormwater Management Plan
The stormwater management plan consists of a wet detention pond designed for 85% TSS removal
and peak flow attenuation. The wet detention pond will provide 30% nitrogen reduction; therefore,
diffuse flow through a level spreader is not required. The proposed stormwater management plan
is being reviewed by the Town of Cary, and will receive final approval upon issuance of the 404/401
authorization.
Page 3 of 4

Courtyards atO'Kelly Chapel Rd-NWP29PCN 10 WithersRavenel
Our People. Your Success.
The current request is for 0.014 acres of permanent wetland impacts, and 128 If of permanent
intermittent stream impacts (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersRavenel
Martin Richmond
Staff Environmental Scientist
Attachments:
• PCN Form
• Chatham County GIS Parcel Exhibit
• Access/Agent Authorizations
• Approved Delineation Exhibit
• USGS Quad/Wake County Soil Survey
• Town of Cary Stream Buffer Determination Letter, July 9, 2015
• Corps NWP 12 for Original Phases of Courtyards at O'Kelly Chapel
• NCDWR 401 WQC & General Permit for Isolated Waters Impact for Courtyards at O'Kelly
Chapel
• NC Natural Heritage Program Letter (NCNHDE-1883), July 14, 2016
• Impact Exhibits
Page 4 of 4

%0 WithersRavenel
40
Our People. Your Success.
PCN FORM

rq�0F W A Tom,, q
0 Niii� -c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
FEI es
® 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
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Courtyards at O'Kelly Chapel — Phases 4 & 5
2b.
County:
Chatham
2c.
Nearest municipality / town:
Town of Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Rosa L. Lester Trustee
3b.
Deed Book and Page No.
Deed Book - 1318 & Page No. - 0795
3c.
Responsible Party (for LLC if
applicable):
Wanda Gibson
3d.
Street address:
26 Northernway Court
3e.
City, state, zip:
Durham, NC 27712
3f.
Telephone no.:
919-224-9511
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Developer
4b.
Name:
Stephan M. George
4c.
Business name
(if applicable):
EPCON Communities
4d. Street address:
10120 Green Level Church Road
4e.
City, state, zip:
Cary, NC 27519
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Martin Richmond
5b.
Business name
(if applicable):
WithersRavenel
5c.
Street address:
115 MacKenan Drive
5d.
City, state, zip:
Cary, NC 27511
5e. Telephone no.:
919-469-3340 office 919-271-0368 mobile
5f.
Fax no.:
919-467-6008
5g.
Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN: Chatham County 0726-30-6959.000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.841203 Longitude: - 78.919896
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
± 20.09 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Nancy Branch (Stream Index: 16-41-1-17-3-2)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV; NSW
2c. River basin:
Cape Fear River Basin - 03030002
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 for the proposed project consists primarily of undeveloped woodlands with a residential area,
including a single -family dwelling and 4 smaller shelter structures.
The land use in the general vicinity consists of residential land use and undeveloped woodlands.
3b. List the total estimated acreage of all existing wetlands on the property:
± 0.097 Acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
± 982 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct Phase 4 & 5 of the Courtyards at O'Kelly Chapel to meet the growing
demand for single -family residential housing in Cary.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of the construction of Phases 4 & 5 of the Courtyards at O'Kelly Chapel subdivision.
Proposed construction consists of 57 single -family lots and associated infrastructure including roads, utilities and
stormwater management. Standard commercial construction equipment and techniques will be used in construction of the
proposed project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes [_1No F-1Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: WithersRavenel
Name (if known): M Richmond & T Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
• USACE JD concurrence site visit conducted Nov 12, 2014 by A Williams & M Richmond. JD is requested to be
issued with this permit.
• Town of Cary issued a Buffer Determination Letter for subject parcel July 9, 2015 (TCRB 15-008). A copy of the
Determination Letter is provided as an Appendix.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE issued a NWP 12 for the original Courtyards at O'Kelly Chapel project (SAW -2013-01935) authorizing 85 If of
temporary impacts to intermittent streams for construction of a sewer line Of the 85 If of authorized temporary stream
impacts, 39 If occurred on the subject property. A copy of the NWP 12 has been provided as an Appendix.
NCDWR issued a 401 Water Quality Certification and General Permit for Isolated Waters Impacts for the original
Courtyards at O'Kelly Chapel project on May 27, 2014 and a revised version on July 17, 2014 (DWR# 14-0503v2). These
approvals authorized Copies of both the previously issued 401 WQCs are included as an Appendix with this submittal.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed project was not considered a part of the Courtyards at O'Kelly Chapel subdivision during the planning and
permitting of Phase 1 - 3, as the property was not available for purchase. The proposed project became an option for
phase 4 & 5 when the current property owner and applicant reached an agreement after the original planning and
permitting in 2014. Additionally, while the current project is referred to as "Phases 4 & 5", all impacts necessary to
construct both phases have been assessed in the current application.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary T
Impact 1
Residential
Headwater Forest
® Yes
® Corps
0.014 acres
® P [-]T
Development
❑ No
® DWQ
2g. Total wetland impacts
0.014 acres
2h. Comments:
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
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Impact 2
Roadway
UT to Nancy
El PER
® Corps
3 ft
128 LF
® P El
Branch
®INT
®DWQ
3h. Total stream and tributary impacts
128 LF
3i. Comments:
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
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version

5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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 ❑ Tar -Pamlico ® Other: Jordan Lake
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired?
131 ❑P❑T
F-1 Yes
❑ No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments: There are no buffer impacts proposed with this project.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Proposed permanent impacts have been minimized to only those impacts necessary to construct a single-family residence
(Impact #1), and an interior road (Quinter Drive) to access developable uplands (Impact #2).
Impact #1 is a permanent wetland impact, and is necessary to construct Lot 110. The proposed fill is necessary to construct
the driveway to the the residence, as well as for fill necessary to bring the lot the required elevation. The impacted wetland
(shown as Wetland B on the included wetland delineation exhibit), is a former shallow-bermed pond bed, with compacted
soils, sparse vegetation, and completely surrounded by uplands with a marginal connection to surrounding hydrologic
features. The hydrology for Wetland B is provided primarily by upland runoff during storm events. As upland construction
occurs on the subject parcel and the surrounding lots, the required stormwater management system will direct runoff from the
lots into the BMP, thereby eliminating the hydrologic source for this wetland. This will result in the Wetland B becoming more
disconnected hydrologically, eventually resulting in Wetland B eventually converting to uplands due to a lack of hydrology.
Impact #2 is required for the construction of Quinter Drive, which has been designed to cross the stream as close to
perpendicular as possible. Additionally, this crossing has been designed to only impact the uppermost reach of the stream,
reducing the total footage to 128 If and avoiding a culverted crossing that would fragment the stream. In addition, Quinter
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

Drive was slightly shifted upstream, reducing the impact footage while still providing the necessary lots for project feasibility.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Site work will be conducted under an Erosion and Sediment Control Plan, which will be approved by Town of Cary. Where
possible, access to work areas will be from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
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:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
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 8of11
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
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: The stormwater management plan consists of a wet detention pond
designed for 85% TSS removal and peak flow attenuation, which will also provide a
® Yes ❑ No
30% nitrogen reduction. Therefore, diffuse flow through a level spreader is not
required.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
40%
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:
The stormwater management plan consists of a wet detention pond designed for 85% TSS removal and peak flow
attenuation, which will also provide a 30% nitrogen reduction The proposed stormwater management plan is being
reviewed by the Town of Cary, and will receive final approval upon issuance of the 404/401 authorization.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
® NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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
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
❑ Yes ❑ No
letter.)
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 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
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.
The proposed project consists of phase 4 & 5 of the Courtyards at O'Kelly Chapel subdivision. There are areas west and
south of this project that could potentially developed in the future; however, any future development will be required to
meet state and local stormwater regulations which should prevent impacts to nearby downstream water quality.
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.
Sewage will be conveyed via sanitary sewer and ultimately treated by the Town of Cary Western Wake WWTP.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home, as well as
NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project.
The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species
or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter.
Furthermore, site reviews did not identify any potential habitat for any federally protected species known to occur in
Chatham County. Therefore, the proposed project will have No Effect on federally protected species. Please note that
the Northern Long -Eared Bat (NLEB) is not currently listed for Chatham County, and therefore consultation with USFWS
is not required specific to potential NLEB habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters classified as EFH in Chatham County.
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?
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com & field survey
Martin Richmond — WithersRavenel
July 22, 2016
Authorized Agent
...�
Applicant/Agents Signature
Date
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

:0 WithersRavenel
Our People. Your Success.
CHATHAM CO. GIS
PARCEL EXHIBIT

I ...u..a 19911
V 63095 88557 R131G5 iC9i4 f s -
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CHATHAM COUNTY NC Parcel Number: 19947 Deed Book: 1318
Map Number: 0726-30-6959.000 Deed Page: 0795
t+xpm CoaOwner Name: LESTER ROSA L TRUSTEE Plat Book:: 2006
Sys �jf Owner Address: 336 PITTARD SEARS RD Plat Page: 0459
t , Property Map Owner City: DURHAM Deed Acres: 20.086
Owner State: NC Physical Address: 336 PITTARD SEARS RD N
ry ,, Disclaimer: Owner Zip: 27713 Improvement Value: 82172
.J The data provided on this map are prepared for the inventory of real property found within Land Value: 500990
^'--- Chatham County, NC and are compiled from recorded plats, deeds, and other public records Tax Year: 2015
�g7NCA and data. This data is for informational purposes only and should not be substituted Description: R2 -56A-1 Fire District: 112
for a true title search, property appraisal, survey, orfor zoning verification. Township Code: 13 One Inch = 400 Feet

:0 WithersRavenel
Our People. Your Success.
ACCESS/AGENT
AUTHORIZATION FORMS

WITH ERB � RAVENEL
E N O 1 N E E R 5 1 P1IANNE Ry 1 5URVEV625
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Rosa L Lester Trustee, dotes) hereby authorize Withers & Ravenel, Inc. to access
the ±20 acre Parcel (PIN 0726-30.6959.000) located at 336 Pittard Sears Road In Chatham County, INC for
the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water
Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and
approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of
the contract purchaser.
This authorization does not bind the current property owner(s) to financial responsibility for services rendered on
the subject property by Withers and Ravenel, Inc.
This agreement shall continue in effect until completion/termination of the purchase contract for the subject
property.
Contract Purchaser's Agent Info:
Withers & Ravenel. Inc
115 MacKenan Drive
Cary, NC 27511
Tel. (gig) -469-3340
Date:
Signature of Owner(s):
Name—Print Title
ti�
9 Signatur —
%`G /lofZf{7�fZd1 uiA<-/ G' -7—
Mailing
Mailing Address
'/,icO-/fA�iL2 Ale- --2 f.�
City State Zip
Phone: q,-7 9,2
Email: PNcuitc�un. 1`h 5011 ✓f c
' C�hAo Gorv�
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax; 919.467-60081 www.withersravenel.com I License No. C-0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite:G I Greensboro, INC 274091 tel: [phone] fax: [phone]

WITHERS RAVENEL
ENGINEERS 1 PL A N N E R 5 1 SUP. VEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, EPCON Communities (Client) does hereby appoint
Withers & Ravenel Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a)
review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands,
streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental
permit applications/requests for the ±20 acre Rosa Lester Property (PIN 0726-30-6959&001,
located at 336 Pittard Sears Road in Chatham County.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requestslapplications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] J www.withersravenet.com � License No. C-0832
1410 Commonwealth Drive i Suite 1011 Wilmington, NC 28403 1 tel: [phone] � fax: [phone]
7011 Albert Pick Road E Suite G i Greensboro. NC 27409 1 tel: [phone] fax: [phone]
Date:
r
Agent's Name, Address & Telephone:
Signature of Client:
Withers & Ravenel, Inc.
.S_725AV 0 /,-'I
� 1�%J_
(Nares- Print
itle)
115 MacKenan Drive
//
Cary, NC 27511
(Signature)
—
to
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`�1,�
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Tel [phone]
-
Mailing Address
City State Zip
Phone:
Email: �1—!W c, .i;�
P
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] J www.withersravenet.com � License No. C-0832
1410 Commonwealth Drive i Suite 1011 Wilmington, NC 28403 1 tel: [phone] � fax: [phone]
7011 Albert Pick Road E Suite G i Greensboro. NC 27409 1 tel: [phone] fax: [phone]

:0 WithersRavenel
Our People. Your Success.
APPROVED DELINEATION EXHIBIT

,y r
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NOTES:
1) WETLAND/STREAM DELINEATION FIELD VERIFIED BY ANDY
WILLIAMS WITH CORPS OF ENGINEERS ON 11/12/2014.
2) WETLANDS & STREAMS LOCATIONS ARE BASED ON FIELD
SURVEY.
COURTYARDS AT O'KELLY 10 WithersRavenel
CHAPEL - PHASES 4 & 5 WETLAND DELINEATION EXHIBIT
Engineers I Planners I Surveyors
CARY CHATHAM COUNTY NORTH CAROLINA

:0 WithersRavenel
Our People. Your Success.
USGS QUAD &
WAKE CO. SOIL SURVEY

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COURTYARDS AT O'KELLY ;! WithersRavenel
CHAPEL - PHASES 4 & 5 USGS QUAD (2013) - GREEN LEVEL Engineers I Planners I Surveyors
CARY CHATHAM COUNTY NORTH CAROLINA

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CHAPEL - PHASES 4 & 5 USGS QUAD (2013) - GREEN LEVEL ,/
Engineers I Planners I Surveyors

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COURTYARDS AT O'KELLY ;! WithersRavenet
CHAPEL - PHASES 4 & 5 CHATHAM CO. SOIL SURVEY - SHEET 6
Engineers I Planners I Surveyors
CARY CHATHAMCOUNTY NORTH CAROLINA

:0 WithersRavenel
Our People. Your Success.
TOWN OF CARY BUFFER
DETERMINATION LETTER

July 9, 21015
Nadir Ricrhrronc
Withers) airc RaIVEirel
115 Maickerarn Drive
Cary, NC 217511
SubjElclt: JorcanLalkeVualferslhEIC- LrbalnTralrslitior BufIerIRUIEIS
Rosas LeSItElr Rroperty
Chalthalrr CCI. RElal ID # 019947 Q336 Rittalyd Sears) Rd)
11CRB 15-OOEI
Dear Mr. Richmclnd:
WlA'I BR HESC URCES DEPARTMEINT
TlhEl site location marl arc clffier information thalf %alai provided, allowEIC al detElrlminalticrn to be madEl as
fo whether) or ncd the refEIrlElrcred site would requirEl compliance with The Tcwn of Carry Lrbar 1lransliticlr
Buffer (Unff RuIEISI. This project, as rElferElnced by the Town cf Cary alsl TCRB 15-008, includes
features as depicted Cr the attached rrarps. TlhEl table LEIICIw summarizes We strealrr ceterlmirations
rracle in al slitEl visit on July 8, 2019. This CElterlrriration is valid until July 8, 20210.
Rellenernce 10 USCS Map (100 F1. Buffem) Sail Survey Maip_(9.0 F1. Bufferr) Not Subject
A x (start @ Flag S-4 )
B x
E it ClElrely,
an RatfElrson
Town cif Cary W altElrl Resou rices DElparl rr ent
7ICWN Oj CARY
318 North) Academy) Stneet -Caryl, NC 275113 -PO Box 8005-Coiry, NC 27512-9005
tel [phone]IO - fax 91IS1-460-4939 www.town4cary.crgl

WITHERS t RAVENEL
ENGtNEERS l PLANNERS I SURVEYORS
Stream Buffer/UTB Determination Request
Epeon-Pittard Sears
Rosa Lester Property
W&R Project# 02120446.00
,applicant. - Epcon Communities
500 Stonehenge Parkway
Dublin, Ohio 43017
Property Owner - Rosa L. Lester Trustee
c/o Wanda Gibson
26 Northernway Ct
Durham, NC 27712
Written Authorization — See attached Access Agreement
County -- Chatham County
Nearest Municipality - Town of Cary
Project Location — Project is located at 336 Pittard Sears Rd
PIN# - Chatham Co GIS Map# 0726-30-6959.400
Nearest Waterbody — Nancy Branch
Stream Index: 16-41-1-17-3-2
Classification: WS-lV; NSW
Drainage Basin — Cape Fear Basin
HUC Code: 03030002
Decide rg ees — 35.840966°N; -78.919952°W
USGS Quad Map — Green Level Quadrangle
Soil Survey Sheet(s) - Chatham County Soil Survey — Sheet 6
Total Area — ±20.1 Acres
115 MNacitenan drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenet.com I License No. C•0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick 'Road I Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

WITHERS - RAV®NEL.
ENGINFLRS I fl 1./NNEAS 1 5 U R V E Y 0 R 5
AUTHORIZA11ION FOR PROPERITYACCESIS
The undensigraid ownelr(s), Rosa L LelsferTrustee, dc(es) herelbya0l'crize Wittens & Havana I, Irlc. to access
the ±20 acne paircel (RIN 07216-30-69519.0001 Ialclatec at 336 Pittalyd Sealrs Road it Chatham County, NC far
the pLnpose Cf environrrleirdal regulateny agency review (US Arm) Carps cf Erlgirkers, NC Division of Waier
CLality, NC Division of Ccaslal Management, UE Fish and Wildlife Service, local Muniaipellilies, eic.; and
approvals 11i.e1. wetland delineadion, stream/bLfller detelrminalicrl, Elnvircrimenial permilling, Ela.; at 1e request of
ih a cone tact purchaser,
llr is autharizalion does not bind the cunrelnt property owners; to financial responsibility for servlicels rendellcld on
Ite uubjecii property by Withers and Ravened, Inc.
TPis agreement shall aeflinLei in effect until complelicln,llermination of the purchase contraal for fte sLbject
c rc De rtv.
Centracl RL rchaseir's Agenl Infc:
Withers & Ravenell. Inc.
'115 MacKenan Drive
Cary, INC 217911
lled. (919)-469-3340
Dale:
�G
Signadure
clf Owneir(s):
/',�i�%
1 � / f,2-? X0)1
6
Nam e — Print Title
r ignature--
C� /ilOiflEiLy1
Mailing Address
Cily male Zip
Rhone:
Email:Gca-aa
C
115 MacKenan Drive I Cziry, NC "9111 lel.! 913.4169.3341(1 I fax: [phone] "",wither<Ina\einELcom I Licer sie No. C-0832
1410 4ammanweal 11 DiNe I SLillei log I Mimirgllon, P C 21841(1: 1 tal: 5110.:5E -93371 fax: 910.256.: 5841
7011 P Ibart McH Ro2ic I Suile Cl I Gleemst alfa, NC 27409 1 tel: 33f.605._1009 I far: 915.4E 1.6008

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CHATHAM CO. SOIL SURVEY WITHERS RAVENEL.
GREEN LEVEL 24161141111111111 PLANNER! I SURVEYORS
GARY CHATHAM COUNTY NORTH CAROLINA
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BL FINER DETERN NATION E W I£ ED CIN FIEL D DETERMIN ATKIN
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BN JAIN PAITTEREON WITF TH E TOWN CIF OF RN ON JUL Y 1, 2015
EL RRER LCICAIII ON EXHIBIT MAR OR
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RCSA U. LES1IER LIMING TRUST
PROPERTY
ENGINEER!] 1 PLANNERS 1 SIURVEYOE.I
1 1 1 MacKenan Drive Cary, Nord Clainl in a 37311 Licen s e No. C-0832
tel: y 19-469-3340 fa x:919-4(1 7-6008
TOM 9F IR: WILLIAMS
CIOUNT) : CHA71- FIM
9L RVEY DATE: 7-2'1-15
9L R\ EYED BY: M7
9TATEI: NOR -IF CIAROLIP FI
MALE: V'='I(la'
DRAWN BY: MJB
ZONINCI: R1
RINI NO. 0720-21(1-(195J
I Cl- ECIN BD 81 CIL09L RE BY: ,I9A

:0 WithersRavenel
Our People. Your Success.
CORPS NWP 12 FOR COURTYARDS
AT OWELLY CHAPEL PROJECT

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICTcoff� I
Action Id. SAW -2013-01935 County: Chatham U.S.G.S. Quad: NC -GREEN LEVEL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: EPCON Communities
Todd Pomorski
Address: 500 Stonehendge Parkway
Dublin, OH, 73017
Telephone Number: 614-761-1010
Size (acres) <1 Nearest Town Cary
Nearest Waterway Nancy Branch River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates Latitude: 35.8438383733596
Longitude: -78.919677125844
Location description: The site is located approximately 2000 flikear feet southwest of the O'Kelly Chapel Road, Pittard Sears
Road intersection in Cary, Chatham County North Carolina.
Description of projects area and activity: This authorization is for temporary impacts to iurisdictional streams associated with
the installation of a new sewerline for the proiect identified as the Courtyards at O'Kelly Chapel as follows- Crossing #1
(Impact #3):lst UT to Nancy Branch -39 linear feet of temparary impacts.Crossin #g 2 (impact #4): 211d UT to Nancy Branch -
46 linear feet of temporary impacts.
Applicable Law: Z Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECL9L 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 07/07/2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) 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 in Morehead City, NC, at [phone].
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 Andrew Williams at 919-554-4884 x26 or Andrew.E.Williams2(iDusace.army.mil.
r
Corps Regulatory Official: ��� X14'� Date: August 15, 2014
Expiration Date of Verification: 03/18/2017

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 . Action ID: SAW -
Basis For Determination: The two (2) streams are relatively permanent waters (RPWs) and are unnamed
tributaries to Nancy Branch, an RPW. Nancy Branch flows to Panther Creels, which is an RPW and a tributary to Northeast
Creek, an RPW. Northeast Creek is a tributary to Jordan Lake, a traditionally navigable water (TNW) and an impoundment
of the Haw River, New Hope Creek and other streams. The Haw River flows from Jordan Lake and is a TNW. The Haw
River is a tributary to the Cape Fear River, a navigable water of the United States. The Ordinary High Water Marks
(OHWMs) of the unnamed tributaries were indicated by information provided by the applicant in the Pre -construction
notification.
This jurisdictional determination is only for the streams proposed for impacts associated with this Nationwide Permit
verification and does not include any other waters/wetlands that may be located on the project site.
Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by October 13, 2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: 4-1� zza -l"-
Andrew Williams
Date of JD: August 15, 2014
Expiration Date of JD: August 15, 2019
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 our customer Satisfaction Survey online at http://re ug latoiy.usacesulve .com/.
Copy furnished:
Troy Beasley
Environmental Scientist
Withers & Ravenel
1410 Commonwealth Drive, Suite 101
Wilmington, North Carolina 28403
Cherri Smith
Environmental Senior Specialist
North Carolina Division of Water Resources
1628 Mail Service Center
Raleigh, NC 27699-1628

Action ID Number: SAW -2013-01935 County: Chatham
Permittee: EPCON Communities
Todd Pomorski
Project Name: EPCON Communities/Courtyards at O'Kelly Chapel Sewerline
Date Verification Issued: AulZust 15, 2014
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return'it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

7
STREAM AND WETLAND IMPACT SUMMARY TABLE
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1 inch = 300 ft.
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NCDWR 401 WQC & GENERAL PERMIT FOR
ISOLATED WATERS IMPACT FOR COURTYARDS
AT O'KELLY CHAPEL PROJECT

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 17, 2014
Pennie Ellis Coussit
1120 Cheryl Lane
Wilmington, NC 28405
John E. Skvarla, III
Secretary
DWR # 14-0503v2
Chatham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
GENERAL PERMIT FOR ISOLATED WATERS IMPACTS
Courtyards at O'Kelly Chapel Residential Subdivision
Dear Ms. Coussit:
You have our approval for the impacts listed below for the purpose described in your application
dated July 3, 2014 and received by the Division of Water Resources (Division) on July 7, 2014.
These impacts are covered by the attached Water Quality General Certification (WQC) Number
3884 and State General Permit Number IWGP100000, and the conditions listed below. WQC
Number 3884 is associated with the use of Nationwide Permit Number 12 once it is issued to you
by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This 401
Water Quality Certification and General Permit for Isolated Waters dated July 17, 2014 replace
the 401 Water Quality Certification and General Permit for Isolated Waters dated May 27, 2014.
The only change is the removal of a temporary wetland impact (Impact #1).
This approval requires you to follow the conditions listed in the enclosed certification and general
permit 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.
Nne
orrthCarol
Nahmal,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Courtyards at O'Kelly Chapel
DWR# 14-0503v2
401 AND ISOLATED WATER APPROVAL
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Isolated Stream
68 (linear feet)
0 (linear feet)
Impact #2
404 Stream
0 (linear feet)
39 (linear feet)
Impact #3
404 Stream
0 (linear feet)
46 (linear feet)
Impact #4
2. Stormwater Manaeement Plan (SMP) Aor)roval from Local Community Required
Page 2 of 4
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full-sized plan sheets, with proof of the Town of Cary's approval. The approved
SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC
27699-1650) before any impacts authorized in this certification occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written authorization
from the Town of Cary. If the SMP is modified in the future, then you shall provide one
modified SMP with proof of approval to the DWR Webscape Unit prior to the commencement
of the modifications.
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.
4. No Waste, Spoil, Solids, or Fill of Any 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.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500.
6. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new

Courtyards at O'Kelly Chapel
DWR# 14-0503v2
401 AND ISOLATED WATER APPROVAL
Page 3 of 4
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
7. This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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 http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) 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 [phone], 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 Presnell, 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 First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — Webscape Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604

Courtyards at O'Kelly Chapel
DWR# 14-0503v2
401 AND ISOLATED WATER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919-791-4251 or [e-mail] if you have any questions or
concerns.
Si fy,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
lWGP100000
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Troy Beasley; Withers & Ravenel; 1410 Commonwealth Drive, Ste, 101; Wilmington, NC
2-8403
Todd Pomorski; EPCON Communities; 500 Stonehenge Pkwy; Dublin, Ohio 73017
DWR RRO 401 Files

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NC NATURAL HERITAGE PROGRAM
PROJECT REVIEW LETTER

NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Pat McCrory Bryan Gossage Susan Kluttz
Governor Executive Director Secretary
Clean Water Management Trust Fund
NCNHDE-1883
July 14, 2016
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
[e-mail]
RE: Courtyards at O'Kelly Chapel - Phase 4 & 5; 02120446.00
Dear Troy Beasley:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there
are no records for rare species, important natural communities, natural areas, or conservation/managed
areas within the proposed project boundary. Please note that although there may be no documentation of
natural heritage elements within the project boundary, it does not imply or confirm their absence; the area
may not have been surveyed. The results of this query should not be substituted for field surveys where
suitable habitat exists. In the event that rare species are found within the project area, please contact the
NCNHP so that we may update our records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have
been documented within a one -mile radius of the property boundary. The proximity of these records
suggests that these natural heritage elements may potentially be present in the project area if suitable
habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a
one -mile radius of the project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning,
project review, and scientific research, and are not intended for use as the primary criteria for regulatory
decisions. Information provided by the NCNHP database may not be published without prior written
notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.
Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF)
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Suzanne Mason at suzanne.mason&ncdcr.gov or 919.707.8637.
Sincerely,
NC Natural Heritage Program
Page 1 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Courtyards at O'Kelly Chapel - Phase 4 & 5
Project No. 02120446.00
July 14, 2016
NCNHDE-1883
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
11 Date Status
Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -PRE Historical 5 -Very --- Significantly G5 S2?
Damselfly Low Rare
Natural 25627 Basic Mesic Forest --- 2012 Current 2 -High --- --- G3G4 S3S4
Community (Piedmont Subtype)
Natural 30516 Piedmont Bottomland --- 2013 Current 3 -Medium --- --- G3G4 S2
Community Forest (High Subtype)
Natural 22749 Piedmont Bottomland --- 2013 Current 3 -Medium --- --- G2? S2
Community Forest (Typic Low
Subtype)
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Kit Creek Slopes and Floodplain R5 (General) C5 (General)
Northeast Creek/Panther Creek Dikes and Bottomlands R4 (Moderate) C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal
B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal
Chatham County Open Space Chatham County: multiple local government Local Government
Wake County Open Space Wake County: multiple local government Local Government
Wake County Open Space Wake County: multiple local government Local Government
Kit Creek Slopes and Floodplain RHA US Army Corps of Engineers Federal
Northeast Creek/Panther Creek Diabase Dikes and US Army Corps of Engineers Federal
Bottomlands RHA
Page 2 of 4

Definitions and an explanation of status designations and codes can be found at hftps://ncnhde.natureserve.org/contenVhelp. Data query generated on July 14, 2016; source: NCNHP, Q4 October 2015. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

HCNHDE-1883: Courtyards at O'Kelly Chapel - Phase 4 & 5
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PU'pi tJe1 Qr .3 Hii14}nr,
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July 14, 2016
Project Boundary Managed Area (MAREA)
Buffered Project Boundary
E] NHP Natural Area (NHNA)
Page 4 of 4
1:22,019
0 0.175 0,35 0.7 mi
00.3 a.6 1.2 km
Sources: Es . HERE. DeLomne. Intemiap. increment P Corp. GEBCO.
USGS. FAD. NPS. NRCAN, GeoSase. IGN. Kadaster NL, Ordnance Survey,

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IMPACT EXHIBITS

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