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HomeMy WebLinkAbout20072022 Ver 8_401 Application_20190220To: Environmental Consul 8412 FaIll'WMalDt d6ft 1iRfRnll�ei �L7111 • Phone: (919) sandec.com February 20, 2019 S&EC Protect #8781.W52 Raleigh Regional Office US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Unit Attn: Ross Sullivan Attn: Karen Higgins 3331 Heritage Trade Drive, Ste. 105 512 N. Salisbury Street (9"' floo Wake Forest, NC 27587 Raleigh, NC 27603 From: Deborah E. Shirley Soil & Environmental Consultants, P.A. 8412 Falls of Neuse Road, Ste. 104 Raleigh, NC 27615 Re: Fendol Farms (formally Sierra -Phase I, Laurel Grove -Phase I, Fendol Farms -Phase 1) AID# SAW-2013-01687; DWR Project #07-2022 Durham, Durham County, NC On behalf of the owner, RREF-II FH NC Sierra, LLC (Attn: Aimee Carlson) 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 Resources (NCDWR) that the activities proposed below may proceed under Nationwide Permit 29, General Water Quality Certification 4139 and the Neuse River Buffer Rules. It's important to note that this project received written authorization from the USACE and Approvals from the NCDWR in 2008, 2014, 2015, 2017 and 2018. Additionally, and notably as important, this project has changed in land ownership through the life of this project, a new project engineering company was hired in 2016 and recently the land owners have hired a new onsite construction contractor. The purpose'for this application is to request modifications necessary for construction activities, request updated culvert designs and to update the total stream impacts that were quantified inaccurately in the previous permit applications and impact exhibits. Please contact me at (919) 846-5900 if you have any questions or would like additional information. PROJECT SUMMARY Project Name Fendol Farms -Phase I Project Type Residential Subdivision Owner / Applicant RREF-II FH NC Sierra, LLC County Durham Nearest Town Durham Waterbody Name UT to Lick Creek Basin/HUC Neuse/03020201 Index Number & Classification 27-11-(0.5); WS-IV, NSW IMPACT SUMMARY Stream Impact (acres): 0.12 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.12 Total Stream Impact (linear feet): 1,028 (Permanent = 554 LF, Temporary = 474 LF; Relocated = 100 LF Total Riparian Buffer Impacts (sq. ft.: Zone 1: 78,387; Zone 2: 73,921 Attachments: Pre -construction Notification Application Form Agent Authorization Form NRCS Soil Survey Map & USGS Topographic Map 404 Nationwide Permit Verification -AID SAW-2013-01687 401 Approval -Sierra Subdivision-DWQ #07-2022 v7) NCEEP Receipt-EEP#21193 Compensatory Mitigation Responsibility Transfer Form-EBX RES Mitigation Transfer Certficate-2015 RES Mitigation Transfer Certficate-2018 Sierra Development: MOA Sierra Development: MOA update letters (2) ER 12-2161 (SHPO) Existing Conditions-XC-1 Overall Site Plan-E-1 Impact Exhibits -sheets Area A —14 Signed Construction Drawings-C-11 (DWR only) Overall Drainage Plan (DWR only) $570 DWR Application Fee \o�oF warF,�Qc 1 I � � 0 Y Office Use Only: Corps action ID no. 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 El 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? ® Yes ❑ No 1 d. 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 I 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: Fendol Farms (formally known as Sierra -Phase 1, Laurel Grove -Phase 1 & Fendol Farms -Phase 1) 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: Fendol Farms 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: RREF-11 FH NC Sierra, LLC 3b. Deed Book and Page No. DB: 7763; DP: 827 3c. Responsible Party (for LLC if applicable): Aimee Carlson 3d. Street address: 790 NW 107th Ave., 41h Floor 3e. City, state, zip: Miami, FL 33172 3f. Telephone no.: 305-485-2077 3g. Fax no.: N/A 3h. Email address: aimee.car/son(d�rialtocapital.com Page 1 of 17 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: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 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 ofNeuse, Ste. 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 17 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel ID: 0860-03-20-2929, 0860-03-10-1696, 0769- 01-29-2724, 0769-01-38-0525, 0769-01-39-6761 1 b. Site coordinates (in decimal degrees): IMPACT AREA #7 Latitude: 35.9505 Longitude: - 78,7911 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: ± 184 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Lick Creek; 27-11-(0.5) proposed project: 2b. Water Quality Classification of nearest receiving water: INS -IV, 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 of the site being cleared and graded. The site is currently undergoing construction activities. To date, the culvert extension (i.e. Impacts Area #9) is complete and four (4) of the five (5) utility crossings have been constructed (i.e. Impact Area #'s 1B, 3F, 4C, & 6B). The general land use in the vicinity of the project is rural residential. 3b. List the total estimated acreage of all existing wetlands on the property. - There are no jurisdictional wetlands that exist within this project area (per the approved JD). 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 11, 395 linear feet of streams exist within this project area. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and utilities to the property that is bisected by stream features to construct 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, stormwater devices, residential structures and associated facilities. Specifically, there are three (3) road crossings, one (1) culvert extension associated with Doc Nichols road widening/turn lane, in addition to five (5) planned sanitary sewer crossings and BMP bypass channels for stormwater devices. Equipment to be used will include excavators, bull dozers and other typical equipment used for land clearing, construction and excavating. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No ❑Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments: AID# SAW-2013-01687 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil & Environmental Name (if known): Steven Ball & Bob Zarzecki 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 November 20, 2012 and August 1, 2013. NCDWQ-site visits with Martin Richmond on October 10, 2012 and December 19, 2012 (NBRRO #12-249). Page 3 of 17 PCN Form — Version 1.3 December 10, 2008 Version Project Information and Prior Project History 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. Most recently, a PCN Application was submitted on February 23, 2018 by Soil & Environmental Consultants, PA (S&EC). The main purpose was to request a reauthorization of the permit verification & Approvals because the Nationwide Permit Verification one-year extension was about to end on March 18, 2018. A 401 Water Quality Certification and Neuse Buffer Authorization Approval were issued on April 11, 2018 (DWQ Project #07-2022, Ver. 7-attached), and a 404 Nationwide Permit Verification was also issued on April 20, 2018 (AID # SAW-2013-01687-attached). Previous to the above: A PCN Application was submitted on June 4, 2015 by S&EC. A 401 Water Quality Certification and Neuse Buffer Authorization Approval were issued (DWQ Project #07-2022, Ver.4) on June 25, 2015 for 784 linear feet of stream impacts and 62,174 ft2 of Zone 1 & 55,1282 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit Verification was also issued (AID # SA W-2013-0168 7) on July 6, 2015 for 874 linear feet of stream for road crossings and sanitary sewer line crossings. Additionally, in August 2017 a PCN Application was submitted for an offsite Force Main. An email was provided by the USACE verifying that these impacts did not require notification, and a 401 Water Quality Certification Approval was issued for 0.4 acres of temporary wetland impact and 18 linear feet of temporary stream impact (DWR #07-2022 v5). And finally, in January 2018 a Riparian Buffer Authorization application was submitted for additional riparian buffer impacts onsite. An updated 401 Water Quality Certification and Riparian Buffer Authorization Approval was issued on January 22, 2018 for an additional 6,017 ft2 of Zone 1 and 11, 622 ft2 of Zone 2 riparian buffer, along with updated stream and buffer impacts throughout the project (DWR #2007-2022 v6). Previous to the above: A PCN Application was submitted on January 15, 2014 by S&EC. A 401 Water Quality Certification and Neuse Buffer Authorization Approval were issued (DWQ Project #07-2022, Ver.3) 803 linear feet of stream impacts and 58,954 ft2 of Zone 1 & 61,722 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit Verification was also issued (AID # SAW-2013-01687) for 803 linear feet of stream for road crossings and sanitary sewer line crossings. Previous to the above: A PCN Application was submitted on February 11, 2008 by Horvath Associates, PA. A 401 Water Quality Certification Approval was issued (DWQ Project #07-2022, Ver.2) for 0.274 acres of 404 wetlands (temp), 361 linear feet of perennial stream (295 linear feet permanent, perennial & 66 linear feet temporary, perennial), and 58,985 ft2 of Zone 1 & 89,303 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit Verification was never issued; however a Notification of Incomplete Application was sent by Eric Alsmeyer of the USACE on September 15, 2008 (AID 2006-40952). 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. It is our understanding that the project was initially going to include additional phases to the north. However, it is the current understanding that the land developer for Fendol Farms will not be developing the land to the north. It's uncertain at this time when that land will be developed. Note however that this project has been sub -phased for construction purposes and that a majority of the stream and buffer impacts occurred as part of the initial phase of construction. Page 4 of 17 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 Forested (Corps - 404, 10 Area of impact (P) or Temporary (T) wetland DWQ — non-404, other) (acres) if known W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 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 -Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non-404, width (linear (INT)? other) (feet) feet) S1 (#18) ❑ P ®T Sanitary Sewer- UT to Lick El PER ® Corps 6' 31 Excavation Creek ® INT El DWQ S2 (#3C) ❑ P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 8' S4 Excavation Creek ❑ INT ❑ DWQ S3 (#3F) ❑ P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 11' 36 Excavation Creek ❑ INT ❑ DWQ S4 (#48) El P ®T Sanitary Sewer- UT to Lick ❑ PER ® Corps 3' 32 Excavation Creek ® INT El DWQ S5 (#5) ®P ❑ T Road Crossing- UT to Lick El PER ® Corps T 139 Culvert Creek ® INT ❑DWQ S6 (#5) ❑ P ® T Road Crossing- Temporary UT to Lick ❑ PER ® Corps 9' 115 Construction Creek ®INT DWQ S7 (#68) ❑ P ®T Sanitary Sewer- UT to Lick ❑ PER ® Corps 4' 34 Excavation Creek ® INT ❑ DWQ S8 (#7) ®P ❑ T Road Crossing- UT to Lick ® PER ® Corps 12' 130** Culvert Creek ❑ INT DWQ S9 (#7) ® P ❑ T Permanent UT to Lick ❑ PER ® Corps 5' 110* FilUDiverted Stream Creek ® INT ❑ DWQ S9 (#7) ❑ P ® T Road Crossing- Temporary UT to Lick ® PER ® Corps 9 71 Construction Creek El ❑DWQ S10 (#8) ®P ❑ T Road Crossing- UT to Lick El PER ® Corps 3' 118 Culvert Creek ® INT ❑ DWQ Road Crossing- UT to Lick ❑ PER ® Corps S11 (#8) ❑ P ® T Temporary Creek ®INT ❑DWQ 3' 101 Construction Page 5 of 17 PCN Form —Version 1.3 December 10, 2008 Version Road Crossing - S12 (#9) ®P El T Culvert Extension UT to Lick ❑ PER ® Corps 3' S7 and Rip-RapCreek ®INT ❑ DWQ Stabilization 3h. Total stream and tributary impacts 1,028 3i. Comments: Total Permanent loss stream impacts = 554 LF; total temporary impacts for utilities and construction activities = 474 LF; Total relocated stream = 100 LF *The permanent fill -diverted stream totals 110 linear feet, of the 110 linear feet, 100 linear feet will be relocated as per sheet Area 7. 1 All bold typed impacts require(d) compensatory mitigation. NCDWR 1:1 on ALL previously permitted permanent stream loss (intermittent + perennial) = 444 LF, USACE 2:1 for 130 permanent stream loss (perennial) = 260 (USACE 2:1 = 260, NCDWR = 444). All compensatory mitigation for stream impacts have been previously paid. **Through a site inspection and plan review it was identified that Impact Area #7 was quantified incorrectly and was actually 130 linear ft. vs. 262 linear feet of stream impact. 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 Permanent (P) or (acres) Temporary T 01 ❑P❑T 02 [:]PDT 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake 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 Floo Excavat ded Filled Excavated Flooded Filled ed 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: Page 6 of 17 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 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? B1 (#1A & 1 C) ® P El T SanitarySewer-Parallel UT to Lick Creek ® Yes El No 3,250 12,049 B2 (#1 B) ®P El T Sanitary Sewer- UT to Lick El Yes 1,881 1,425 Perpendicular Creek ® No B3 (#1 D) ®P El T Pedestrian Trail & UT to Lick El Yes 264 440 Bridge Creek ® No B4 (#2B) ® P ❑ T BMP Bypass channel UT to Lick Creek ® Nos 361 242 65 (#2A) ® P ❑ T Pedestrian Trail UT to Lick Creek ® No 98 2,239 B6 (#3B) ® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek El Nos 6438 6,777 B7(#3C) ®P [_1 T Sanitary Sewer- UT to Lick El Yes 2,372 1,165 perpendicular Creek ® No B8 (#3D) ®P ❑ T Pedestrian Bridge & UT to Lick El Yes 521 438 Trail Creek ® No B9 (#3F) ®P❑ T Sanitary Sewer- UT to Lick El Yes 1,874 0 perpendicular Creek ® No B10 (#3A & 3E) BMP Bypass Channel UT to Lick ElYes 1,187 851 ® P ❑ T Creek ® No B11 (#4A & 4D) ® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ® Yes ❑ No 6,382 12,431 B12(#4B)®P ❑ T Sanitary Sewer- UT to Lick El Yes 1,919 1,326 Perpendicular Creek ® No B13(#4C)®P ❑ T Pedestrian Bridge & UT to Lick El Yes 253 60 Trail Creek ® No B14(#5) ® P ❑ T Road Crossing UT to Lick Creek 0 Nos El 14,561 8,766 B15(#6A)® P ❑ T BMP Bypass channel UT to Lick Creek ❑ Yes ® No 556 342 B16(#6B)®P [:1 T Sanitary Sewer- UT to Lick El Yes 2,159 1,176 Perpendicular Creek ® No B17(#6C)® P ❑ T Pedestrian Trail & UT to Lick ❑ Yes 261 122 Bridge Creek ® No B18(#7A)®P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ❑ Nos 28 3,024 B19(#7B)® P ❑ T Road Crossing UT to Lick Creek ® Yes ❑ No 13,852 7,555 B20(#8) ® P ❑ T Road Crossing UT to Lick Creek Nos 11,384 7,212 B21(#9) ®P El T Road Widening -Culvert UT to Lick El Yes 3,305 1,816 Extension Creek ® No B22(#10)®P ❑ T Sanitary Sewer- UT to Lick El Yes 642 1,008 Perpendicular Creek ® No Page 7 of 17 B23(#10)®P ❑ T Sanitary Sewer -Parallel UT to Lick Creek Nos 229 1,309 B24(#10)® P ❑ T Pedestrian Trail UT to Lick Creek No 50 0 B25(#11)0 P ❑ T BMP Bypass Channel UT to Lick Creek ❑ Yes ® No 596 439 B26(#12)® P ❑ T BMP Bypass Channel UT to Lick Creek ® Nos 1,489 729 B27(#13)® P ❑ T BMP Bypass Channel UT to Lick Creek ❑ Yes ® No 720 428 B28(#14)® P ❑ T BMP Bypass Channel UT to Lick Creek ® Nos 1,755 552 6h. Total buffer impacts 78,387 73,921 6i. Comments: All bold typed impacts require compensatory buffer mitigation. Page 8 of 17 D. Impact Justification and Mitigation 1. Avoidance and Minimization Page 9of17 PCN Form — Version 1.3 December 10, 2008 Version 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant contracted with S&EC to complete a wetland and Neuse River Buffer evaluation for the property in order to identify the natural resources so that the project engineers could design a site plan that would minimize impacts to wetlands, streams and riparian areas to the maximum extent practicable. It's important to note that this project previously received approvals from the Division of Water Resources (DWR) and the City of Durham back in 2008. Additionally, the project received approvals from both the Division of Water Resources and the US Army Corps of Engineers (USACE) in 2014, 2015 and 2018. Please see project history for more detail. ROAD IMPACTS: The project includes three (3) road crossings and one (1) culvert extension. Note that based on the height of the proposed headwalls and the extent of the associated foundation/footers additional impacts are necessary for clearing and excavation to accommodate the installation of concrete formwork and the necessary formwork bracing, supports and ballast. A traffic corridor beyond the limits of the excavation and bracing is also necessary to accommodate safe movement of personnel and small mechanized equipment to perform the necessary construction. Impact Area 5 (Fendol Farm Parkway) is a road crossing to an intermittent stream. This crossing has been partially constructed, the culvert is in place however the final grade is not complete. This crossing will result in 139 linear feet of permanent stream impact and 115 linear feet of temporary stream impacts. The permanent stream impacts were necessary to provide access from Leesville Road to the northem portions of the property. This crossing was designed to be a perpendicular crossing and utilized retaining walls and headwalls to minimize the stream and riparian buffer impacts. The temporary impacts are necessary for the construction of the road crossing culvert and headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the culvert and headwalls. Impact Area 7 (Atlas Drive) is a proposed road crossing to a perennial stream. This proposed crossing will result in 130 linear feet of permanent stream impacts and 71 linear feet of temporary stream impacts. The permanent impacts are necessary to provide access to the westem portion of the property from the Doc Nichols Road entrance. This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream and riparian buffer impacts. As part of the redesign in 2015, the road profile has been lowered substantially, resulting in much less depth of fill allowing the use of a more standard size culvert and minimized riparian buffer impacts. In addition, at Impact 7, 110 linear feet of intermittent stream will need to be filled to accommodate the southern retaining wall at the culvert crossing. Of these 110 linear feet, 100 linear feet of intermittent stream will be relocated and aligned to flow into the main perennial stream just south of the culvert crossing. The temporary impacts are necessary for the construction of the road crossing culvert and headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the culvert and headwalls. Impact Area 8 (Shumard Crossing) is a proposed road crossing to an intermittent stream. This proposed crossing will result in 118 linear feet of permanent stream impact and 101 linear feet of temporary stream impacts. The permanent impacts are necessary to provide access to the southwestern portion of the property from the Doc Nichols Road entrance. This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream and riparian buffer impacts. The temporary impacts are necessary for the construction of the road crossing culvert and headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the culvert and headwalls. Impact 9 (Doc Nichols Road widening/turn lane) is a culvert extension on an intermittent stream and is completed. This culvert extension and necessary riorap stabilization resulted in 57 linear feet of permanent impacts. These permanent impacts were necessary for road widening required by the City of Durham for a tum lane into the subdivision entrance. SEWER IMPACTS: The project includes five (5) stream impact areas associated with sanitary sewer. It's important to note that the 2014 approvals authorized eight (8) sanitary sewer stream crossings; therefore the 2015 design minimized the number of overall stream crossings. Impacts 1 B, 3C, 3F, 4B & 6B are all sanitary sewer crossings, two (2) areas are temporary impacts to perennial streams and three (3) are to intermittent streams with associated riparian buffer impacts. Four (4) of the sanitary sewer crossing have been installed, however have not been brought back to finished stream bed elevations (i.e. 1, 3F, 4B and 6B). All utility crossings have been designed to cross the stream at a perpendicular angle, all stream impacts will be brought back to original stream bed elevation and the banks will be stabilized post construction. The project also includes seven (7) areas of buffer impacts associated with parallel sanitary sewer, and one (1) stub for a future manhole. Impacts 1 A, 1 C, 3B, 4A, 4D, 7A & 10 are all parallel buffer impacts to Zones 1 & 2 of the Neuse River Buffers. Due to the topography of the site, the gravity sewer outfall has been placed within areas of the riparian buffers that are resulting in parallel buffer impacts in order to provide a reasonable depth of sewer. To move the sewer out further from the stream would greatly increase the depth and increase the need for additional clearing beyond the limits of the proposed easement, which was necessary at impact areas 3B, 4A and 4D, and authorized in early 2018. The parallel riparian buffer impacts have been minimized to the maximum extent practicable. In addition, riparian buffer mitigation is being proposed for all parallel impacts within Zone 1 of the Neuse Rive Buffer. Impact 10 is a stub for a future sanitary sewer connection. Installation of this stub section now (with a plug at the inlet), allows for no interruption in wastewater service when the site is connected to a future gravity outfall. STORMWATER OUTFALLS & TRAILS: This project includes eight (8) areas of bufferimpacts associated with BMP bypass channels. These impacts are necessary to allow treated stormwater to flow through the riparian buffer without erosion. All bypass channels have been designed to enter the stream at an angle to allow for a smooth convergence. And finally, this project proposes a mulch trail system. A majority of the trail is located within the sanitary sewer easements and the locations that cross the streams are to be bridged. Page 10 of 17 I b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Per the project engineer, the entire site is subject to Durham County Erosion Control regulations and has been permitted in accordance with requirements. Additionally, additional E&S measures have been added since the NCDWR Notice of Violation. Stream crossings at proposed roads will utilize a pump around. 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 ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank orEBX-EM sponsored Forrest Creek Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Stream Quantity: 272 (paid) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes *RECEIPT ATTACHED 4b. Stream mitigation requested: 292 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 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: *Please note that these stream credits have been paid, receipt and MRTF attached. 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 11 of 17 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 ® 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) Sanitary Sewer -Parallel Zone 1 Impacts within Zone 1 & 56,124 3 (2 for Catawba) 168,372 Road Crossing Zone 2 Road Crossing 23,533 1.5 35,299.5 203, 671.50 6f. Total buffer mitigation required: -152,271 (paid) 51, 400.50* 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). Payment into private mitigation banks, please see attached receipts, EBX Sponsored Banks: Buffalo Branch Bank: 123,843.60 (2015), Arrington Bridge Phase 1 Bank 9,179.40 (2015); Ezell Bank 19,248 (2018); Total:152,271 credits paid *It is estimated that 51,400.50 of new riparian buffer mitigation credits are needed, if the attached plans are acceptable. The applicant will request mitigation credits through a private mitigation bank or the NCDMS if acceptable to the DWR. 6h. Comments: Page 12 of 17 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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 (SMP) has been submitted to the City of Durham and has been approved. Per the project engineers, this SMP includes Stormwater Control Measures (SCM), level spreaders and engineered filter ❑ Yes ® No strips to meet the diffuse flow requirements. In areas where defined channels existed in the stream buffers, piped discharges to these channels was provided in lieu of level spreaders/filter strips. Additional riprap is being added to these existing channelized areas for erosion control. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 23.99% 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 engineers, ten (10) stormwater ponds are being provided for this development for detention purposes. Per direction from the City of Durham, the ponds are being incorporated to detain the 1, 2 and 10-year storms to pre - development conditions. To provide nutrient removal, several level spreaders and engineered filter strips are also included. ® 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? City of Durham ® Phase II ® NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USIVIP 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 El Yes El No attached? 5. DWQ 401 Unit Stormwater Review Page 13 of 17 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 Page 14 of 17 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 El Yes El 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): The project received a Notice of Violation and Notice of Intent to Enforce on December 11, 2017, a Continuing Notice of Violation and Notice of Intent to Enforce on May 10, 2018 and December 5, 2018. S&EC is currently working with the permittee on resolutions to these issues. Note that the after -the -fact application box was checked because there are some riparian buffer impacts and stream impacts that have taken place during construction activities. These unintentional impacts will either be restored back to pre -construction conditions or mitigation will be provided. 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 Fendol Farms 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 Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 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; and finally 3) the Phase 11 NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. Page 15 of 17 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? ❑ 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 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 Online Data Search. 2019. NC Department of Natural and Cultural Resources, Division of Land and Water Stewardship, Raleigh, NC. Available at � nanha,ara/ (Accessed: February 18, 2019). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? TO 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.). NOAA Habitat Conservation Habitat Protection 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? S&EC completed an online GIS record check maintained by the State Historic Preservation Office (SHPO) and identified a structure on the property that was on the Study List (SL). The Fendel Bevers House was determined by the State Historic Preservation Office (SHPO) to be eligible for inclusion in the National Register of Historic Places. Therefore, a Memorandum of Agreement (MOA) was prepared and signed by the USACE, SHPO, Preservation Durham, and the applicant to address this property. This MOA has been filed with the Advisory Council on Historic Preservation. A copy of the MOA is attached to the 404 verification. In 2015, updates to the MOA were agreed upon by SHPO and the permittee, please see attached letter dated May 18, 2015. Finally, in April 2016, a final letter was provided by SHPO indicating that all of the stipulations of the MOA for the house have been completed, see attached. The structure has been demolished. Page 16 of 17 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? T[E] Yes ® No 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System. Deborah E. Shirley ��'� (. 1 c February 20, Applicant/Agent's Printed Name Applicant/ gent's Signature (Agent's signature is valid only if an authorization letter from the a plicant is 2019 Date rovided. Page 17 of 17 Environmental Consultants, 8412 FaDs of Neuse Road, Suite 104, Rtleigh, NC 27615 • Phone•. (919) 846-5900 • Fax: (919) 846-9467 s mdec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Fendol Farms -Phase 1 Date: Z-IY-)61 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 S&EC Project # 8781 Attn: Ross Sullivan Field Office: Raleigh Regulatory 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 IndexNumber(s) (PIN): 0860-03-20-2929, 0860-03-10-1696, 0769-01-29-2724 0769-01-38-0525. 0769-01-39-6761 Site Address: City, County, State: Durham, Durham, NC PROPERTY OWNER INFORMATION: Name: RREF-II FH NC Sierra, LLC Mailing Address: 790 NW 1071h Ave., 4th Floor, Miami, FL 33172 Telephone Number: 305-485-2077 Email: aimee.carlsono_rialtocapital.com RREF II-FH NC Sierra, LLC, by RREF II-FH Sierra TV Member, LLC, its Manager, by Rialto Real Estate Investment Fund II, LP, its sole member, by Rialto Partners GP, II, LLC, its general partner, by Rialto Capital Advisors, LLC, its attorney in fact, by Aimee Carlson, its Authorized Signatory Property Owner (please print) Date l 2/18/19 Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. " I .% !�,,•�� ( ���' V� � � > � �� -�% (!�((�"' � ���,� � ",� � �• ��''� �V 1, +, (�`'�...� ram' f- t`` i) KINARD'RV, D�° If L t -A� I �I f- I! f�f �� ��/ 1 ���' -�'O°1 •.� °fit I r�J � 1�� �, 44 ,�j /� i f/� — � ,.>:���q �� f f i ! Fendol Farms Site t • ll? 71, '4 rst®��,�.m`�ii� r��`'�4'�.-^�i � � '.�i•s. / � "t: 1,�. ��.� '4.� (.,/' '+� �, �+��, / Vie./� i\, � � \, rn�r rn NC nter for Geographic-lnformatian &Anal sis Project Number: 0 1, Map Title: N 8781.W52 250 2,500 Figure 1 - USGS Map Project Manager: L I I I I I I I I SB Fendol Farms Feet Scale: Durham County, NC 1 = 1250' Source: Soil & Environmental Consultants, PA Date: 2016 NC Southeast 8412 Fags MN.— Rd.Sift 104. RAA:k YC 17615- FI— (919) 346-5900-F— (919) 346-946 2 19/2019 Durham Quad �� c ' - './ ' - V'f f i `t WSE ''V ) PfE SE 1 t Gu WSE mot' WSE WSC V L WsE Ws WSL • WE - � W'B — Ch t; WSG 1'd"s E ' `WSF ,1 Pf E WS WS(; S, s- MrB f �' WSB� i IvtfiC7*' i 1 W5� e CrS `vJ a UP s� r _ • -'NC c►enfer f c r Geographic Imfiormataon & Analy4ss,• Project Number: Map Title: N 8781.W52 0 1,000 2,000 Figure 2 - Soil Survey Project Manager: I I t I I I I I I SB Fendol Farms Feet Scale: 1" — 1000' Durham County, NC Soil & Environmental Consultants PA Date: Source: Durham County Soil ' 02/19/2019 9412 FaUsofNzaseRand. Suite 10-LMei*NC27613-Phone:(919)S4C+5900•Ra (919)946-946, Survey Sheets 28 & 33 ¢node¢.=.. U.S. ARMY CORPS OF ENGINEERS WILN1INGTON DISTRICT Action Id. SAW-2013-01687 County: Durham U.S.G.S. Quad: NC -Southeast Durham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: RREF-II FH NC Sierra LLC Aimee Carlson Address: 790 NW 107th Avenue, 4th Floor Miami, FL 33172 Telephone Number: 254-766-837$ E-mail: amee.carlsonaa,rialtocavital.com Size (acres) 114 asLg Nearest Waterway Ush Q2k USGS HUC 22222121 Nearest Town l?ur6ara River Basin Coordinates Latitude:35.9505 Longitude:-78.7911 Location description, The project area consists of an approximately 184 aerg Area located on the east side_ of I)oe Nichols Road h 21 LISEWIS&02d in 1bg CM 2112urhani, Durha Cou o h Cgroling. Description of projects area and activity: Jbil Xe!Ificati2g auth2LjZg1 thg F of F r - se 1 r s'denrialdevelop,_Tent e 'err -Phase 1, Laurel P s 1 imp2cting 874 inear ftgJ of sIrgAM & road c ossjn s gnd sanitary sewer ligt Area Exhibit" display All lmuaets 4112ejal2d with this proi_a . Applicable Law(s): Z Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and harbors Act, 33 USC 403) Authorization: NNVP 29, Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided It is accomplished in strict accordance with the enclosed Conditions, your application signed and dated /23QJ8, and the enclosed plans dated 11,22/2Q17 for the construction addendum. 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 ofthe 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 Resources (telephone 919-807-6300) 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 Morehead City, NC, at (252) 808-2808. 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 Ross Sullivan at 919-554-4884 ext. 25 or roscoe.l.sullivan(a),usace.army.mil. SULLIVAN.ROSCOE. Digitally signed by SSULLIVAN.ROSC E.LEE.111.1259877926 DN: c=US, o=U.S. Government, ou=DOD, ou=PKI, u=USA,cn=SULLIVAN.ROSCOE.LEE.111.1259877926 Corps Regulatory Official: LEE.III.1259877926 ° Date: 2018.04.2015:29:22-04'00' Expiration Date of Verification: 03/18/2022 Date: 04/20/2018 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 http://corpsmapu.usace.ar7ny.mil/cuLapex/f?p=l 36*0 Copy furnished: Agent: bil Ay 'or IU-1al C21multanti, P� J2eitorah Shirlov Address: 8412 fjlls of Ncuse Hogg, Sjjitg iO4 RAig-i$h NC 27§15 Telephone Number: 919-84- b-5400 E-mail: dshirlev&s&ljdec.com Action ID Number: SAW-2013-01687 County: Durham Permittee: RREF-H FH NC Sierra LLC, Aimee Carlson Project Name: Fendol Farms -Phase 1 Date Verification Issued: 04/20/2018 Project Manager: Ross Sullivan 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: Ross Sullivan Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or roscoe,l.sulllvan@usace,army,Inil 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 WaterResources ENVIRONMENTAL QUACITY April 11,-2018 . RREF II-FH NC Sierra, LLC Attn: Aimee Carlson 790 NW 107th Avenue,,4111 Floor . Miami FL 33172 ' •: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER - Interim Director DWR-#07-2022 v7 Durham County Subject: APPRQVAL OF 401 WATER,CtUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN'BUFFER P.ROTECTION'RULES (15A NCAC 026!.0233):WITH ADDITIONAL CONDITIONS Fendol Farms (formerly known.as Laurel;Grove-Phase 1 and Sierra -Phase 1) .':-Dear Ms. Carlson: You have our approval for the impacts listed below.for the purpose described in your application. - dated February 23, 2018-and received by the Division of Water Resources (Division),on'February 23, 2018. These impacts are covered by the attached Water Quality General Certification Num-ber 4139�nd-the,conditions listed''below,- This certification is associated with the use of Nationwide Permit Number 29 once it is issued, to yeu by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with -I including 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 Authorization Certificate for DWR 07-2022 v7 replaces the 401 Water Quality Certification and Authorization Certificate for 07-2022 of dated January 22, 2018. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that al] of the,other-specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/'web,"wq/aps 1628 iv'tail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: .3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Fen dol Farms D W R #07-2022 v7 401 APPROVAL Page 2 of 8 .Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 0 (linear feet) 31 (linear feet) ' Sewer (#1). Stream' 0 (linear feet) 46 (linear feet) . Sewer (#3A) Stream 0 (linear feet) 59 (linear feet) Sewer (#3B) Stream 0 (linear feet) 32 (linear feet) Sewer (#4) Stream 137 (linear feet) 10 (linear feet) Road Crossing (#5) Stream 0.(linear feet) 41 (linear feet) . Sewer (#6) Stream 262 (linear feet) 0 (linear feet) Road Crossing (#7) Stream 111 (linear feet) -0 (linear feet). Fill/Diversion (#7) .Stream 115 (linear feet) 0 linear feet) Road Crossing (#8) - Stream 30 (linear feet) 0 (linear feet) - Road Crossing (#9) Buffers - Zone 1 9,181 (squar6.feet) 0 (square feet) Sewer — Parallel (#1) Buffers —Zone 2 •11,294 (square feet) 0 (square feet) Sewer— Parallel (#1) . Buffers —Zone 1 1,888 (square feet), 0 (square feet) Sewer— Perpendicular (#1) Buffers —Zone 2 1,383 (square feet) 0 (square feet) Sewer — Perpendicular (#1) Buffers — Zone 1- 920 (square feet) 0 (square feet) Pedestrian Trail & Bridge (#1) Buffers —Zone 1 184 (square feet) 0 (square feet) Bypass Channel Buffers — Zone 2 124 (square feet) 0 (square feet) Bypass Channel Buffers —Zone 2 1,860 (square feet) 0 (square feet) Trail (#2) Fendol Farms DWR #07-2022 v7 401APPROVAL Page 3 of 8 Type.of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 2 1,.137 (square feet) 0- (square feet)_ Sewer - Parallel (#3A) Buffers —Zone 1 1,810 (square feet) 0.(square feet) Sewer - Perpendicular (#3A) .Buffers —Zone 2 899 (square feet) 0,(square feet) Sewer - Perpendicular (#3A) :Buffers —Zone 1 557 (square feet) 0 square feet) Bridge.& Trail (#3A) Buffers —Zone 2 462 (square feet) 0 (square feet) Bridge & Trail (#3A) Buffers — Zone 1 6,364 (square feet) 0 (square feet) 'Sewer— Parallel (#313) Buffers —Zone 2 9,027 (square feet) 0 (square.feet) . Sewer — Parallel (#3B) Buffers —Zone 1. 3,993 (square feet) 0 (square feet) Sewer"— Perpendicular (#313) : ' Buffers — Zone 2 533 (square feet). •0 (square feet) Sewer— Perpendicular (#3B) Buffers —Zone 2 408 (square feet) 0 (square feet): Trail (#3B) Buffers —Zone 1 6,.525 (square feet) 0 (square feet) Sewer —Parallel (#4) Buffers —Zone 2 10,387 (square feet) 0 (square feet) Sewer.— Parallel (#4) Buffers —Zone 1 1,916 (square feet) 0 (square feet) Sewer — Perpendicular (#4) Buffers —Zone 2 851 (square feet) 0 (square feet) Sewer — Perpendicular. (#4) Buffers 'Zone 1 360 (square feet) 0_(square feet) Bridge and Trail (#4) Buffers -Zone 2 16 (square feet) 0 (square feet) Bridge and Trail (#4) . - Buffers — Zone 1 11,302 (square feet) 0 (square feet) Road Crossing (#5) Buffers —Zone 2 7,652 (square feet), 0.(square feet) Road Crossing (#5) Fendol Farms D W R #07-2022 v7 401 APPROVAL Page 4 of 8 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers = Zone 1 92 (square feet) 0 (square feet) Sewer- Parallel (#6) Buffers — Zone 2 793 (square feet) 0.(square feet) Sewer— Parallel (#6) Buffers —Zone 1 2,246 (square feet) 0 (square feet) Sewer — Perpendicular (#6) Buffers — Zone 2 1,416 (square feet) 0 (square feet) Sewer— Perpendicular (#6) Buffers —Zone 1 728 (square feet) 0 (square feet) Trail (#6) Buffers --!-Zone 2 - 11 (square feet) 0 (square feet) Trail (#6) Buffers —Zone 1 267 (square feet) 0 (square feet) Bypass Channel (#6) Buffers--: Zone 1 9,566 (square feet) 0 (square feet) Road'Crossing (#7) .Buffers -Zone 2 6,324 (square feet) 0 (square feet) Road Crossing (#7) Buffers —Zone 1 8,154 (square feet) 0 (square feet) Road Crossing.(#8) Buffers. -.Zone 2 - 5,451(square feet) 0 (square feet) Road Crossing (#8) Buffers —Zone 1 1,718 (square feet) 0 (square feet) Road Widening (#9) j Buffers —Zone 2 2,681 (square feet) 0 (square feet) Road Widening (#9) Buffers —Zone 1 231 (square feet) 0 (square feet) Sewer— Perpendicular (410) Buffers — Zone 2 747 (square feet) 0 (square feet) Sewer— Perpendicular (#10) Buffers — Zone 1 647 (square feet) 0 (square feet) Bypass Channel (#3C) Buffers —Zone 2 451 (square feet) 0 (square feet) Bypass Channel (#3C)' Buffers —Zone 1 401 (square feet) 0 (square feet) Bypass Channel (#4). Buffers — Zone 2 118 (square feet) 0 (square feet) Bypass Channel (#4) Fendol Farms DWR #07-2022 v7 401 APPROVAL Page 5 of 8 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary. Buffers — Zone 1 28 (square feet) 0 (square feet) Sanitary Sewer -Parallel (#7B) Buffers — Zone 2 2,'984 (square feet) 0 (square feet) ,Sanitary Sewer -Parallel (#7B)' Buffers — Zone 1 " 229 (square feet) 0 (square'feet) San itary.S.ewer-Parallel (#10) Buffe,rs.— Zone 2 ;; 1,401 (square feet) 0 (square feet) Sanitary' Sewer -Parallel (#10) Buffers ``—'Zone 1 ' 596 (square feet) 0 (square feet) j p Bypass Channel (#11)' Bu'ffers�— Zone 2 439 (square feet) 0 (square feet) f Bypass Channel (#11) a Buffers,=`Zone 1 1,489 (square feet) 0 (square feet) Bypass Channel (#12)- Buffers,.=:Z6ne 2 729 (square feet) 0 ,(square feet) Bypass Channel (#12) Buffers, —Zone •1 720 (square feet) . '0 (square feet) ','Bypass Channel (##13) Buffers —.Zone 2 428 (square feet) 0 (sq°uare feet) Bypass Channel (#13) Buffers —Zone 1 1,755 (square feet) 0 (square feet) Bypass Channel (#14) Buffers — Zone 2 - 552 (square feet) 0 (square'feet) Bypass Channel (914) 2. Mitigation Using Mitigation. Bank The Division has received Mitigation' Credit Transfer Certificates for 292 feet of stream credits purchased from NC Ecosystem. Enhancement Program on December 1, 2014 and 272 feet of stream credits purchased from NC Division of Mitigation Services on August 4, 2015. The Division has received Mitigation Credit Transfer Certificates for 133,023 square feet of riparian buffer credits purchased from Resource Environmental Solutions' Neuse Riparian Buffer and Nutrient Bank.(Buffalo,Branch and Arrington Bridge I sites) dated August 4, 201.5 and 19,248 square feet -of ripariawbuffer credits purchased from Resource Environmental .Solutions' Upper Neuse Riparian'Buffer and.`Nutrient Bank (Ezell -Site) dated January 23, 2018. These credits satisfy the mitigation requirements for this project. -[15A NCAC 02H .0506 (b)(6)) Fendol Farms DWR #07-2022 v7 401APPROVAL Page 6 of 8 Compensatory Mitigation Bank River & Sub -basin Number Required Sponsor Stream 292 (linear feet) NCEEP Neuse 0.3020201 (Paid December 1, 2014) Stream 272 (linear feet) EBX Neuse 03020201 (Paid August, 4, 2015) Riparian Buffer 133'A023 (square feet) EBX Neuse 03020201 (Paid August 4, 2015) Riparian Buffer 19,248 (square feet) E_ BX Neuse 03020201-Falls Lake (Paid,lanuary 23, 2018) Watershed 3. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must.be approved by the City of Durham and meet .the requirements of this Certification. 'The SMP may not be modified without prior written authorization from the City of Durham.. [15A NCAC 02H .0506(b)(3)] 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. ' [15A NCAC 02H .0501 and .0502] 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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 and Buffer Authorization. If you change yourproject, you must notify the Division and you may be required to submit anew. 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. [15A NCAC 02B .0507(d)(2)] 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Fendol Farms DWR #07-2022 v7 401APPROVAL Page 7 of 8 This Certification and Buffer Authorization.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 http://www.nco4h.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 th-rough' Friday between 8:00am and 5:.60pm, excluding official state holidays):. The petition may 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 deliveryservice (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 Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 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 DWR-401 & Buffer.Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR-401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Fendol Farms DWR #07-2022 v7 401APPROVAL Page 8 of 8 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or ste ossL8nc enr. ov if you have any questions or concerns. Sincerely, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 4139 cc: U.S. Army Corps of Engineers Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Deborah Shirley at clshirle,&�. dec.com Pat McCrory Governor Larry Lippincott Sierra Land, LLC 2840 Plaza Place, #360 Raleigh, NC 27612 Project; Sienna Subdivision County: Durham USA;CE#: 2013-01687 WQ permlt#s 07-2002 v.3 FXT- #; 21193 Amount Paid: $111,252.00 Check Number: 0113 HCU R North Carolina Department of Environment and Natural Resources Michael Ellison, Director Ecosystem Enhancement Program RECEIPT December 1, 2014 John E. Skvarla, III Secretary The North Carolina Ecosystem Enhancement Program (NCB) has received a check as indicated above as pa cut for the compensatory mitigation requirements of the 401 Water- Quality Cor#ii cation/Section 404/LAMA Permit(s) issued for the above - referenced project. This receipt serves a$ nOffication that your comtpematory 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 cepcation and any other state, federal or local government permits or authorization associated with this 8tctivily 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 agrtes to provide the compensatory mitigation as speckedm, the Perimt. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be performed iu accordance with the N.C. Department of Environment and Natural Resources' Ecosystem 2010< Enhancement Programs In -Lieu Fee Instrument dated July 28, .River Basin - Stream Credits Wetland Credits Buffer M 11 HUC (linear hot) (acres) (Sq, Ft.) Uold Cool Wnrtni arise Aioa-I2i avian Coastal Mph - - Nouse 242 - 0 - 0 - d- - - — -Q - 03020201 Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with ESP's refund policy at www.nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, r i el E 'son Director cc: Karen Higgins, NCDWR Wetlands/401 Unit Eric Alsmeyer, USAGE- Raleigh Chem Smith, NCDWR- Raleigh Deborah Shirley, agent 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 Phone: 919-707-89761 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper fires Mitigation Credit Transfer Certificate Prepared by EBX-NE USE I, LLC August 4, 2015 Ms. Aimee Carlson RREF II-FH NC Sierra 2840 Plaza Place, Suite 360 Raleigh, NC 27612 Buffalo Branch Bank Parcel ID: DWR Project # 2014-0704v2 Riparian Buffer Credits Purchased: 123,843.60 (ft2) Arrington Bridge Phase I Bank Parcel ID: DWR Project #2008-1473v4 Riparian Buffer Credits Purchased: 9,179.40 8 digit-HUC — 03020201 Neuse River Basin Project Name: Laurel Grove Phase I (DWR Project #07-2022 v4) You have elected to fulfill your permitted buffer mitigation requirements for the Laurel Grove Phase I project by paying into the Neuse Riparian Buffer and Nutrient Bank (Buffalo Branch and Arrington Bridge I Sites). The Bank has received full payment for buffer mitigation for the above referenced project. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project #2007-2022 v4 and is 133,023.00 ft2. 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 Cara Conder at 919-209-1052 or cconder@res.us. Sincerely, Cara S. Conder Credit Sales Coordinator Resource Environmental Solutions, LLC cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator DWR — Danny Smith S&EC — Deborah Shirley Resource Environmental Solutions, LLC . 302 Jefferson Street, Suite I10 . Raleigh, NC 27605 pres Mitigation Credit Transfer Certificate Prepared by Environmental Banc & Exchange, LLC January 23, 2018 Aimee Carlson RREF-II FH NC Sierra LLC 790 NW 107'h Avenue, 4'h Floor Miami, FL 33172 Ezell Bank Parcel ID: DWR Project # 2011-07200 Riparian Buffer Credits Purchased: 19,248.00 (ft2) 8 digit -RUC — 03020201 Neuse River Basin Project Name: Fendol Farms — Phase 1 (DWR Project #2007-2022 v6) You have elected to fulfill your permitted buffer mitigation requirements for the Fendol Farms — Phase 1 project by paying into the Upper Neuse Riparian Buffer and Nutrient Bank (Ezell Site). The Bank has received full payment for buffer mitigation for the above referenced project for a total of 19,248.00 buffer credits. Riparian buffer impacts occurred in the Neuse River Basin, Falls Lake watershed. The amount of buffer mitigation required is specified and verified by DWR in project #2007-2022 v6 and is 19,248.00 ft2. 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 Cara Conder at 919-209-1052 or cconder@res.us. Sincerely, C4"p— II - Cara S. Conder Project Manager Resource Environmental Solutions, LLC cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator S&EC — Debbie Shirley Resource Environmental Solutions, LLC . 302 Jefferson Street, Suite 110 . Raleigh, NC 27605 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: RREF 11-FH Sierra, LLC Action ID: SAW- 2013-01687 Project Name: Laurel Grove -Phase I (formally Sierra) County: Durham Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), formerly NCEEP, who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) IWetland Impacts (acres) Warm Cool Cold Riparian Riverine I Riparian Non-Riverine Non -Riparian Coastal 136 T� + *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 272 Mitigation Site Debited: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX-EM sponsored Forrest Creek Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and i certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. i� Mitigation Sponsor Name: ILA A" l' f , i L C � �1 c'r L k4l tc- u- i 7 S% Name of Sponsor's A honzed Representative: �' ���Y ✓ Lt o �s Signature of Sp or's Authorized Representative Date of signature Page 1 of 2 Form Updated 12 September, 2014 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. r Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) Is provided with a signed copy of this form. if changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USAGE, the Sponsor must obtain case=by-case approval from the USAGE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form most be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated book ledger to; 2) the Permittee, 2) the USACE Project Manager at the address below, and S) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (emall told_ tugwell@usoee.grmy,mil), Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below, USACE Project Manager: Eric Alsmeyer USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: eric.c.alsmeyer@usace.army.mii //�• f jt {+ v Digitally signed by ALSMEYER.ERiC.C1087624486 ON: c=US, o=US. Government, ou=DoD, ou-PKI, t "� ou=USA,cn ALSMEYER.ERICC.1087624486 ar Date: 201 s.07.0215:40:18-04'00' USACE Project Manager Signature July 2, 2015 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at httoa/ribits.usace.army.mil. Page 2 of 2 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 htto:/freku torv.usacesurvev.corn / to complete the survey online. �� et JAN 0 q 2014 L� By: S-l s Ew, it . -T, . "onsuPants, PA North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry November 15, 2013 RECEIVED Andrew Lineberry NEW IS 2013 poreverHorne, LLC 2840 Plaza place, Suite 360 Raleigh, NC 27612 Re; l~oreverHotme Sierra Development, Memorandum of Agreement, Durham County, ER 1Z2161 Dear Mr, Lineberry; Enclosed please mid five (5) copies of the Memorandum of Agreement (MOA) between the US Army Corps of E in-eers (USACE) and the North Carolina State Historic preservation Officer regarding p--l' the _ proposed - Sierra Development, Each copy has been signed by Dr, Kevin Cherry, and awaits the signatures from the other signatory and concurring parties. After every Wnat-ure has been obtained, the USACE will be responsible for distribute one complete copy to each signatory and submit ng one copy to the Advisory Council on Historic preservation for filing. We have received and _accepted docmnentation of the Fendel Bevers House, which satisfies Stipulation I of the MOA, The above comments are trade pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservadon's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, 'hank you for your cooperation and consideration, If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or r,�l�1QdhjR- cs�rle� In all future conununication concerning this project, please cite the above referenced tracking number. Sincerely, - :7-� Ramona M. Bartos cc: Eric Alsmey-er, USACE, 11, c.(...1(slnc Location: 1091iasr)uncs Sntirr, Ralco NC 3?6p1 Mailing Address: 461- \tail Service Cknrcr. Rileigh Nr 27699-46f - Telephone/Fax: (919j NU?-05?t118o--G599 MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY WHEREAS, ForeverHome, LLC, proposes to develop ForeverHome Sierra (the Development), a new residential community, which will impact the waters of the United States; and, WHEREAS, the Department of the Army, Corps of Engineers, Wilmington District (USACE) is considering issuance of a nationwide general permit (the Undertaking) to ForeverHome for Phase I of the Development pursuant to Section 404 of the Clean Water Act (33 C.F.R. � 330); and, WHEREAS, Phase I of the Development is approximately 180 acres at the northeast comer of Leesville Road (SR 1906) and Doc Nichols Road (SR 1908); and, WHEREAS, USACE determined, and the North Carolina State Historic Preservation Officer (SHPO) concurred, that the Fendel Bevers House (DH 2175), which is located on the development site, is eligible for listing in the National Register of Historic Places (NRHP); and, WHEREAS, USACE determined that the Development will require the removal of the Fendel Bevers House from its historic location, adversely affecting historic properties; and, WHEREAS, USACE consulted with the SHPO pursuant to 36 C.F.R. § 800, regulations implementing the National Historic Preservation Act (16 U.S.C. § 470(f ); and, WHEREAS, USACE and the SHPO invited ForeverHome and Preservation Durham to participate in the consultation and to concur with this Memorandum of Agreement (MOA); and, WHEREAS, USACE, in accordance with 36 C.F.R. � 800.6(a)(1), notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP chose not to participate in the consultation pursuant to 36 C.F.R. § 800.6 (a) (1)(1); NOW, THEREFORE, USACE and the SHPO agree that the Undertaking shall be implemented in accordance with the following stipulations to take into account the effect of the Undertaking on historic properties. ForeverHome Sierra ER 12-2161, Durham County STIPULATIONS USACE shall include the following conditions in any permit issued for the Development: I. Documentation of the Fendel Bevers House Within fifteen (15) days of the issuance of the USACE permit, ForeverHome shall photographically record the Fendel Bevers House and its immediate surroundings in accordance with the attached Recordation Plan (Appendix A), and submit the documentation to the SHPO. The SHPO shall review the documentation and provide written acceptance or comment to all Signatory and Concurring Parties within fifteen (15) days of receipt. Within three (3) months of the SHPO's acceptance, ForeverHome shall deposit one (1) final copy of the documentation with the SHPO, and shallmake available one (1) final copy to the other Signatory and Concurring Parties. Only upon the written acceptance of the documentation by the SHPO may the relocation or demolition of the Fendel Bevers House proceed. II. Site Protection Within ten (10) days of the execution of this MOA, orange construction fencing shall be placed a minimum of fifty (50) feet from the Fendel Bevers House. Construction work within this fenced area or that otherwise directly affects the Fendel Bevers House shall not begin until either Stipulation IV or V is completed. III. Advertising of the Fendel Bevers House A. ForeverHome shall advertise and offer the Fendel Bevers House to the public for relocation, at no cost, through Preservation Durham. Within ten (10) days of the execution of this MOA, ForeverHome shall at a minimum: 1. Place a real estate sign on the development site along Leesville Road indicating that the Fendel Bevers House is available for relocation; and, 2. Advertise the Fendel Bevers House on the Preservation Durham website. B. ForeverHome shall have sole financial responsibility for the advertising and marketing of the Fendel Bevers House. Any documented advertising or marketing costs incurred by Preservation Durham shall be fully reimbursed by ForeverHome. C. ForeverHome shall make the Fendel Bevers House available to Preservation Durham to accommodate viewing(s) by prospective buyer(s), agent(s), and/or contractor(s). IV. Relocation of the Fendel Bevers House A. Within twelve (12) months of the issuance of any USACE permit, the prospective buyer(s) shall notify Preservation Durham and ForeverHome of their interest in relocating the Fendel Bevers House and provide a written proposal, providing documentation on the new site and contractors to be used. Upon the receipt of this proposal, not less than thirty (30) days shall be allowed to finalize sale contract documents. Page 2 of 8 ForeverHome Sierra ER 12-2161, Durham County, 2. The relocation of the Fendel Bevers House shall occur within sixty (60) days of the execution of the sale contract documents. If this sixty (60) day period after the execution of the sale contract documents and the twelve (12) month period after the issuance of any USACE permit have both elapsed without the prospective buyer(s) relocating the Fendel Bevers House, ForeverHome will notify all parties to this MOA in writing. Then, any sale contracts may be voided and ForeverHome may demolish or deconstruct the Fendel Bevers House in accordance with Stipulation V below. B. The prospective buyer(s) of the Fendel Bevers House willbe responsible for procuring the new site and contracting with a licensed house mover with experience relocating historic structures of a similar type. The relocation of the Fendel Bevers House shall be in accordance with all applicable laws and regulations and with the National Park Service's Technical Report, MovingHictaricBuildings. C. Upon relocation of the Fendel Bevers House, ForeverHome will provide relocation expenses to the buyers) in the amount of the estimated demolition cost of the Fendel Bevers House or $15,000, whichever is greater, not to exceed a maximum of $15,0010. D. If after twelve (12) months of the issuance of the USACE permit, no prospective buyer(s) have contacted Preservation Durham and/or ForeverHome, ForeverHome will notify the all parties to the MOA in writing and the Fendel Bevers House may then be demolished or deconstructed in accordance with Stipulation V below. V. Salvage, Reuse, and Demolition of the Fendel Bevers House If a potential buyer for the Fendel Bevers House is not found within twelve (12) months of the issuance of any USACE permit, ForeverHome shall submit a list of materials and a plan for their salvage and/or reuse to the SHPO. The plan shall include at least two publically accessible features that creatively utilize reclaimed materials from the Fendel Bevers House; possible features include seating, tables, landscaping elements, or features in the amenity center. This salvage/reuse plan may be submitted to the SHPO not sooner than nine (9) months after the issuance of the USACE permit. The SHPO shall review the salvage/reuse plan and provide written acceptance or comment to ForeverHome and the USACE within fifteen (15) days of receipt. Only upon the written acceptance of the salvage/reuse plan may the demolition of the Fendel Bevers House proceed. Within three (3) months of the completion of the Development's amenity center ForeverHome shall submit photographs of the reused materials the SHPO. Other materials from the Fendel Bevers House may be offered to Preservation Durham and/or the public for salvage or reuse. The Fendel Bevers House may not be used for any fire training bum. Vl. Interpretive Display Within twelve (12) months of the issuance of any USACE permit, ForeverHome shall develop an interpretive display or exhibit to be installed at the Development's amenity center. The display shall include at a minimurn a history of Fendel Bevers, the property, the Fendel Bevers House and outbuildings, historic photographs, and information on the reused Page 3 of 8 ForeverHome Sierra ER 12-2161, Durham County materials. Before installation of the display, the proposed text and layout shall be submitted to the SHPO for review. ForeverHome shall take into account any written comments offered by the SHPO. Within three (3) months of the c,.:)mpletion of the Development's amenity center, ForeverHome shall submit photographs of the display to the SHPO. VII. Development Website Within twelve (12) months of the issuance of any USACE permit, ForeverHome shall develop and publish a webpage, linked to the Development's homepage, that supplements the interpretive display by providing elements such as: information on the Fendel Bevers House, its history, construction, and inhabitants; historic and recent photographs of the Fendel Bevers House, including any detail photographs of any unique or significant features; maps of the Bevers property and surrounding area; a link to the Cultural Resources Survey (or similar information formatted for online use) prepared by Coastal Carolina Research; a link to the 1871 Bevers' map of Wake County; and, links to relevant state and local history. VIII. Unanticipated Discovery In accordance with 36 C.F.R. §800.13(b), if USACE identifies potential additional cultural resource(s) during construction and determines them to be eligible for the NRHP, all work will be halted within the limits of the NRHP-eligible resource(s) and the SHPO will be contacted. If after consultation with the Signatory Parties, additional mitigation is deLcrniined necessary, USACE, in consultation with the Signatory Parties, will develop and implement appropriate protection and/or mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70. IX. Dispute Resolution Should any of the Signatory Parties object within thirty (30) days to any plans or documentation provided for review, or object to the implementation of any of the stipulations pursuant to this MOA, USACE shall consult with the objecting party (or parties) to resolve the objection. If USACE or the objecting party (or parties) determines that the objection. cannot be resolved, US.ACE will _forward all documentation relevant to the dispute to the ACHP. Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either: A. Provide tJS ACE, with recommendations, which USACE will take into account in reaching a final decision regarding the dispute; or, B. Notify USACE that it will comment pursuant to 36 C.F.R. §800.7(c) and proceed to comment. Any ACHP comment provided in response to such request will be taken into account by USACE in accordance with 36 C.F.R. §800.7(c)(4) with reference to the subject of the dispute. X. Amendments Should any of the Signatory Parties to this MO.A believe that its term(s) cannot be carried out or that an amendment to the term(s) must be made, that party (or parties) shall immediately consult with the other party (or parties) to develop amendments in accordance with M C.F.R. §800.6(c)(7). If an amendment cannot be agreed upon, the dispute resolution process set forth in Stipulation IX will be followed. Page 4 of 8 ForeverHome Sierra ER 12-2161, Durham County XI. Termination Any Signatory Party to this MCA may terminate the agreement by providing notice to the other parties, provided that the Signatory Parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. Termination of this MCA will require compliance with 36 C-F.R §800. This MCA may be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its terms. XII. Duration Unless terminated pursuant to Stipulation XI above, this MCA will be in effect for ten (10) years from its execution date, or if USACE is unable or decides not to carry issue the permit, or if ForeverHome is unable or decides not to carry out the Development. Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that USACE has afforded the ACHP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties. AGREED: U.S. Army Corp of E eers B : Date: �K�, ZD 1 H Steven A. Baker Colonel, Corp of Engineers District Commander North Carolina State Historic Preservation Officer By. — -- -- Date: _ 1 'Zv t Dr. Kev Cherry North Carolina State Historic Preservation Officer FILED: Advisory Council on Historic Preservation Date: Page 5 of 8 ForeverHome Sierra ER 12-2161, Durham County MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent fling with the ACHP, and implementation of its terms evidence that USACE has afforded the ACHP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties. CONCUR.- Potever_-Home, LL_ C By; l t— Date; Mark Ward Vice President of Sales Page 6 of 8 ForeverHome Sierra ER 12-2161, Durham County MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that USACE has afforded the ACHP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties. CONCUR: Preservation Durham WeWtiveirector x Date: 2 3 Page 7 of 8 ForeverHome Sierra ER 12-2161, Durham County APPENDIX A Historic Structures Recordation Plan Fendel Bevers House ForeverHome Sierra Community Durham, Durham County ForeverHome shall, as per Stipulation I of the MOA between USACE and the North Carolina SHPO for the ForeverHome Sierra Development, photographically record the Fendel Bevers House and its immediate surroundings in accordance with the following Recordation Plan. Photographic Requirements Digital photographs of the Fendel Bevers House and its immediate surroundings shall be taken and keyed to both a site and floor plan, including: ■ Overall views; m Each visible elevation of the Fendel Bevers House; Interior views of each room of the Fendel Bevers House; ■ Details of construction or design and any unique or architecturally significant exterior and interior elements, including but not limited to: flooring, siding, windows, doors-, fireplaces, m2nte'.s, chinmeys, and porches; * Exterior photographs of each outbuilding; and, ■ Views showing the relationship of the Fendel Bevers House to the outbuildings and to Leesville Road. Photographic Format All images will be captured, labeled, and stored according to the North Carolina SHPO's, "Digital Photography for Historic Property Surveys and National Register Nominations Policy and Guidelines, Revised November 2008." This policy is available on the SHPO's website at: http://www.htio.ncdcr.gov/dia tal/NCHPO Digital Photo Policy-11-0$ htrnl. Please follow the labeling convention for each photograph in accordance with Section II (Digital Images for Historic Property Surveys) of the above Digital Photography Policy. When labeling the digital files, use "DH2175_BeversHouse" for the county abbreviation, site number, and the property name filename prefix. Copies and Curation One (1) set of all photographic documentation will be deposited with the SHPO to be made a permanent part of the statewide survey and iconographic collection. One (1) set of all photograph docut nentation shall lie made available to the other Signatory and Concurring Parties of this MOA. Page 8of8 North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz May 18, 2015 Andrew Lineberry ForeverHome, LLC 2840 Plaza Place, Suite 360 Raleigh, NC 27612 Re: Develop Sierra Tract/Fendel Bevers House, Durham County, ER 12-2161 Dear Mr. Lineberry: Office of Archives and History Deputy Secretary Kevin Cherry Thank you for your letter of April 28, 2015, updating us on ForeverHome's plans for the historic Fendel Bevers House (DH2175) and providing the photographs that were stipulated as part of the mitigation for the adverse effect the development of the Sierra Tract will have on the historic property. We have reviewed your proposal to move the Fendel Bevers House to the amenity area for Fendel Farms at Brier Creek and agree that the move is a better alternative to demolition and find it acceptable, if implemented as outlined in your letter. While only the two-story portion of the house will be moved, it will be very important to an understanding of the building for the two exterior end chimneys to be moved as they are important character -defining architectural elements. We also understand that the continued preservation of the house will be the responsibility of the homeowners association, which may at some future date decide to demolish the house. Enclosed for your use in securing and maintaining the house, we enclose two Preservation Briefs prepared by the National Park Service: ham;//sv,�ov/ g/haw�to nreserve/briefs/31=mathhall+nhtm and lit://www.ng,s/ham-tom reserve/briefs/47=maia+r+jr±�-exterlol's.hir+. You will likely want to make copies of these and provide to the homeowners association for their future reference. Members of our Restoration Branch are also available to provide technical assistance to the group. As there is no site plan for the house and its outbuildings in our files and one was not provided with the documentary photographs, we would ask that you provide a sketch site plan for our records. It does not have to be to scale. We simply want to document the relationship of the various buildings to one another and the road. Checking the Memorandum of Agreement, we do not see that the interpretive display has been developed nor has the webpage been posted to the internet with the various links outlined in the agreement. By copy of this letter, we are informing the US Army Corps of Engineers that ForeverHome, LLC has, with the exception of the interpretive display and webpage, fulfilled its responsibilities under the terms of the Memorandum of Agreement for the undertaking and their permit SAW-2013-01687. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mad Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewO,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �VRamona M. Bartos Enclosures: Briefs #31 & #47 cc: Eric Alsmeyer, USACE Wendy Hillis, Preservation Durham North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz April 5, 2016 Mark Ward Shendndoah Homes 2840 Plaza Place, Suite 200 Raleigh, NC 27612 Re: Fendel Bevers House, Durham County, ER 12-2161 Dear Mr. Ward: Office of Archives and History Deputy Secretary Kevin Cherry Thank you for notifying us of the change in ownership of the Sierra Track and plans of the new owners to demolish the Fendel Bevers House. We appreciate your follow through on this matter. As all of the stipulations of the Memorandum of Agreement for the house have been completed, the option of the new owners to deconstruct the building and use portions of it in the club house are permissible. We appreciate that Preservation Durham was given the opportunity to find a preservation solution for the house and regret that the new owners do not intend to use the house as an amenity for the new development. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or gnyiEgnMgtttal reyiewac gdi goy. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Faa: (919) 807-6570/807-6599