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HomeMy WebLinkAboutSW6120705_HISTORICAL FILE_20121009STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW �� D %D� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Governor Director October 2, 2012 Mr. Douglas B. Cooper, PE, PLS Moorman, Kizer Et Reitzel, Inc. 115 Broadfoot Avenue Fayetteville, NC 28305 Subject: Request for Additional Information Stormwater Project No. SW6120705 Riverbrooke Subdivision Section 4 Et 5 Hoke County Dear Mr. Cooper: DENR-FRO UL o 2012 ()WQ Dee Freeman Secretary The Division of Water Quality Central Office received your additional information for the Stormwater Management Permit for the subject project on September 17, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: As stated in the first add info letter, the permanent pool (PP) elevation should be within 6 inches of the SHWT. The BMP manual in section 10.3.2 provides information needed if this condition cannot be met. Your additional information stated a liner would be used to eliminate any adverse effect to the adjacent wetland. More justification was provided to meet the requested information in the manual. More information is still needed to meet the requirements in the manual. Please provide detailed information on the liner and calculations showing it will prevent subsurface flow. The specifications for the liner should be included on the plans. • Please provide the elevation of the wettand's water level adjacent to the basins. • Depending on the above information a calculation -based hydrogeoiogical analysis of the proposed wet pond and surrounding subsurface conditions may still be need to demonstrate the basins wilt not adversely affect wetlands, surface waters, and buffers. Please provide two sets of plans. The requested information should be received by this Office prior to October 19, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please send your request, including date by which you expect to submit the required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. New original documents must be provided and copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or brian.lowther@ncdenr, qov. Sincerely, Brian Lowther Environmental Engineer cc: aFayetteville.Regional'Office y Stormwater Permitting unit Files ec: Watson G. Caviness, Riverbrooke, LLC Wetlands and Stor nwater Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699.1617 I NorthCarolina Location:. 512 N. Salisbury St. Raleigh, North Carolina 27604 /�y+ II Phone:919-807-63001FAX'.919-807-6494 i wit ally Internet: www.ncwaterguality.org A�_W�FTi ;; AWA NCDENR North Carolina Department of Environment and Natural Resources Division of water Quality Beverly Eaves Perdue Charles Wakild, P.E. RECEIVED Dee Freeman Governor Director Secretary August 2, 2012 AUG — 7 2012 Mr. Douglas B. Cooper, PE, PLS DENR-FAYETTEVILLE REGIONAL OFFICE Moorman, Kizer lz Reitzel, Inc. 115 Broadfoot Avenue Fayetteville, NC 28305 Subject: Request for Additional Information Stormwater Project No. SW6120705 Riverbrooke Subdivision Section 4 Et 5 Hoke County Dear Mr. Cooper: The Division of Water Quality Central Office received a request to modify the Stormwater Management Permit for the subject project on July 27, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please show all stormwater pipes and conveyances on the plans. 2. Please clearly,show the project area on the plans. All new built upon area must be routed to the BMPs. 3. Please provide information on how the stormwater from future development will be treated. 4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the PP is much lower. Please revise the design. 5. Please include the III. Required Items Checklist for each supplement form. It can be found as one of the tabs in the excel file. 6. Please show proposed drainage easements and public right of way on the plans. 7. The application indicated 404/401 permit was needed. Please provide documentation this permit has been obtained. The requested information should be received by this Office prior to August 17, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please send your request, including date by which you expect to submit the required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. New original documents must be provided and copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or brian. lowther@ncden r. Qov. Sincerely, Brian Lowther Environmental Engineer cc: Fayetteville Regional Office Stormwater Permitting Unit Files ec: Watson G. Caviness, Riverbrooke, LLC Wetlands and Stormwater Branch one 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 y/I Phone: 919-807-63001 FAx. 919.807-6494 atu a`l� Internet: www.ncwaterguality.org Riverbrooke 5w6 / 701 c 5' Post-Developea impervious Information Basin 4 (H) total to Pond Area (5F) Off -site area 68058 On -site area 379044.7 Total Basin Area 447102.7 10.26 Ac Cover Description 29 lots @ 3750sf 108,750.00 Asphalt 35,492,12 Concrete Curb 5,649M 149,891.12 3.44 Ac Total Impervious = 3.44 Ac % Impervious = 33.52% Basin 2 (E) total to Pond Total Basin Area Cover Description 48 lots @ 3750sf Asphalt Concrete Curb Area (SF) 620294 14.24 180, 000.00 67, 582.25 9,728.00 257,310.25 5.91 Total Impervious = 5.91 % Impervious = 41.48% Pond 1 (H) NC DENR Retention Calculation and Requirements _ Objective: design a wet detention basin with the following characteristics: a permanent water pool depth between 3- and 8-feet, a surface area that meets TSS removal requirements (values set by NC DENR and included here), a forebay that is approximately 20% of the total pond volume, a temporary water pool sized to detain the initial 1 inch of rainfall runoff, an outlet device that drains the temporary water pool within 2-5 days, and a length -to -width ratio of approximately 3:1. Step 1: Determine the surface area required for 90% TSS removal Post -Development Conditions Total Drainage Area Impervious Drainage Area Impervious Cover Elevation of Permanent Pool Surface Average Depth of Permanent Pool Elevation of Wet Detention Pond Bottom not including 1' sediment storage Determin Required SAIDA by Interpolating known values 447102.70 SgFt Pond 1 (H) 149891.12 SgFt Value from CAD 33.52 Impervious Cover-- (Impervious Drainage Area)/(Total Drainage Area) *100% 170.5 FT Value selected by designer 3.5 FT Value selected by designer 166.0 FT (Bottom Elevation)=(Permanent Pool Surface Elevation) -(Depth of Permanent Pool) impervious % TSS values from 90% SA-DA Ratio Table 30 1.8 40 2.3 Required SAIDA Ratio for 90% TSS Removal 1.976 Interpolated value from above Required Permanent Poo! Surface Area 8,836 SF Required Surface Area=(Required SA/DARatio)*(Total Drainage Area) Provided Permanent Pool Surface Area 11,212, SF Interpolated value from stage -storage calculations StepDetermine the1-inch runoff elevation wit in ewe e ention pond. Runoff Coefficient, Rv 0.352 INIIN Rv=0.05+0.009*(% Impervious) Required 1" Runoff Volume (Volume of Temporary 13,104.8 CF 1" Runoff Volume=1 inch*Rv'1 foot112 Pool) inch*(Total Drainage Area) Total Volume at Overflow Elevation 13,149 CF Temporary Volume Provided at Pond Overflow Elevation 1" Runoff Volume Elevation 171.52 FT Value is interpolation based upon stage -storage values. See stage -storage calculations Volume Below Permanent Pool 34,067 CF 1—- "`"", .. ,- """ ,- -- v" --1__" _1_ _ pond volume at permanent pool elevation) Step 3: Calculate the required forebay volume (18-22% of total pond volume) and compare to the forebay volume provided. Total Pond Volume 34,067 CF Value from stage -storage calculations Required Forebay Volume 6,813 CF Forebay Volume= Total Pond Volume *20% Provided Forebay Volume 7,056 CF Value from stage -storage calculations Provided Forebay Volume:Total Pond Volume 21% (Provided Forebay Volume)/(Total Pond *100 Volume) % Step 4: Verify that time required to drawdown the 1-inch runoff volume is within 2 to 5 days. Diameter of Proposed Low -flow Orifice 1.500 IN Value chosen by designer Overflow elevation 171.52 FT Value chosen by designer Total Elevation Head Above Orifice 1.02 FT (Total Elevation Head Above Orifice)=(Overflow Elevation) -(Elevation of Permanent Pool Surface) Driving Head Above Orifice 0.3 FT (Driving Head Above Orifice)=((Elevation at Overflow Volume) -(Elevation of Permanent Pool Cd, Coefficient of Discharge 0,60 Value chosen by designer 0, Flowrate Through Low -flow Orifice 0.03 US Q=Cd*(Pi)`[(DiameterofOrifice)*(1 11/12 in)I"2/4*2`32,2`Drivin Head ^1/2 Drawdown Time for 1-inch Runoff 4.40 DAYS (Drawdown Time)=(1"Runoff Volume)/Q*(i day/86400 seconds) 9i11/2012 1OF1 Pond 1 (H) Stage -Storage Calculations for Proposed Wet Detention Pond determine the storage capacity and characteristics of the proposed wet detention pond. Pond side slope above Permanent Pool 3 0.5' above and 0.5' below Permanent Poc 10 Side Slope below planted shelf 3 incremental and cumulative storage of the wet detention pond per contour interval StagelStorage Above Permanent Pool (Including Forebay) Cumulative Contour Incremental Volume, S Contour Area SF Volume (CF) (CF) 170.5 F 11,212 0 0 Permanent Pool 8835,86 Req'd 171.0 13,140 6,088 6,088 171.52 14,017 7,061 13,149 -Treatment Volume 13104.76 Req'd 172.0 14,826 13,983 20,071 173.0 16,568 15,697 35,768 174.0 18,367 17,468 53,236 Stage/Storage Total Pond (Including Forebay) Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 166.0 3,707 0 0 -Bottom Elev. 166.0 4,474 4,091 4,091 167.0 5,312 4,893 8,984 168.0 6,223 5,768 14,751 169.0 7,206 6,714 21,466 170.0 8,260 7,733 29,199 170.5 11,212 4,868 34,067 -Permanent Pool 171.0 13,140 6,088 40,155 172.0 14,826 13,983 54,138 173.0 16,568 15,697 69,835 174.0 8,673 12,621 82,456 Forebay Only (20% of Total Pond) Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 165.0 741 0 0 ~Bottom Elev. 165.0 895 818 818 167.0 1,062 979 1,797 168.0 1,245 1,154 2,950 169.0 1,441 1,343 4,293 170.5 2,242 2,763 7,056 -Forebay Volume Average Pond Depth Calculation [0.25 x (1+ Abot_shelf 1 Aperm_pool)] + [((Abot_shelf + Abot_pond) 12) x (Depth 1 Abot_shelf)] 3.52 Avgerage Depth ENGINEERS PLANNERS SURVEYORS MOORMAN, KIZER & REFUEL, INC. 10/23/2012 NCDENR Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 910-807-6375 Subject: Request for Additional Information Stormwater Project SW6120705 Riverbrooke Subdivision Section 4 & 5 Robert D. Patterson, PE: 115 Broadfoot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910) 484-5191 We have revised the Pond 1(H) detail sheet per our phone conversation and email on today. I have included two copies of the revised plan as requested If you should have any additional question please feel free to call me at our office. , 4 Iv - "�� Douglas B. Cooper, PE, PLS Attachments: 2 — Revised Plans Sets ED OCT 4Eo— PeVa t]ENR - WAAT'ER Unda3 a.,.,..._. ALITY Patterson, Robert From: Patterson, Robert Sent: Tuesday, October 23, 2012 10:04 AM To: 'dbcooper@mkrinc.com' Cc: 'watson@cavinessandcates.com'; Lawyer, Mike Subject: SW6120705 - Riverbrooke Subdivision Section 4 & 5 - Additional Information Request Douglas, Per our phone conversation this morning, please provide two copies of sheet 2 with the following revisions to pond 1(H): 1. The low flow orifice on the detail is shown as 2.5" instead of 1.5" per the talcs and supplement form. 2. The temporary pool elevation on the detail is shown at 171.40' instead of 171.52' per the talcs and supplement form. Please be sure to seal, sign, and date the revised plans. This additional information must be received in our office no later than October 26, 2012, or the project will be returned as incomplete. Please let me know if you have any questions. Thanks. Robert. D. Patterson, PE EnvironmenLal Engineer NCI)f•;NR I DWQ I Storrnwater Permilting 1617 Mail Service Center, Raleigh, NC 27699-1617 Nhul 1 512 N. Salisbury Si., 91h Floor, Raleigh, NC 27604 L(wouon & i'.srccis (9191 807-6375 Phone I (9t9) 807-6494 Fax I Robert.Patterso rr,ncdenr.eov Email I htt ortal.ncdenr.or web w ws su Wahsitc hA Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 1 ENGINEERS WM PLANNERS SURVEYORS MOORMAN, KIZER & REITZER, INC. 10/18/2012 NCDENR Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 Subject: Request for Additional Information Stormwater Project SW6120705 Riverbrooke Subdivision Section 4 & 5 Brian Lowther; 115 Broadfoot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910) 484-5191 The following are our responses to your October 2, 2012 letter requesting additional information for the Riverbrooke Subdivision Section 4 & 5. Your comments are in italics and our response follows in bold type. 1. Please provide detailed information on the liner and calculations showing it will prevent subsurface flow. The specifications for the liner should be included on the plans. The specifications of the liner options have been included on the revised plans. Based on the required specifications of the liners, subsurface flow will be prevented; therefore, no additional calculations are required. 2. Please provide the elevation of the wetland's water elevation adjacent to the basins. The pond cross sections have been revised to show the ground elevation of the wetland's adjacent to the basin. The wetland's ground elevation adjacent to basin 1(H) is 167.30' with a water elevation at the surface which is 3.2' below the permanent pool elevation of 170.50. The wetland's ground elevation adjacent to basin 2(E) is 164.38' with a groundwater elevation of 163.38 which is 4.12' below the permanent pool elevation of 167.50. With this updated information, we can confirm that our basin wouldn't have any adverse effects or drain the wetlands because our permanent pool elevation is well above the water level or even the ground surface of the adjacent wetlands. 3. Please provide two sets of plans. Included with this submittal If you should have any additional question please feel free to call me at our office. 7/ Douglas B. Cooper, PE, PL Attachments: 2 — Revised Plans Sets 2—Geotechnical report OCT 1 2012 DENR _ WATWD LXanda & S1er,.�.. Q!JAL17Y A �� f .' NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Douglas B. Cooper, PE, PLS Moorman, Kizer it Reitzel, Inc. 115 Broadfoot Avenue Fayetteville, NC 28305 Dear Mr. Cooper: Division of Water Quality Charles Wakild, P.E. Director October 2, 2012 Subject: Request for Additional Information Stormwater Project No, SW6120705 Riverbrooke Subdivision Section 4 l3 5 Hoke County Dee Freeman Secretary The Division of Water Quality Central Office received your additional information for the Stormwater Management Permit for the subject project on September 17, 2012. A pretiminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: As stated in the first add info letter, the permanent pool (PP) elevation should be within 6 inches of the SHWT. The BMP manual in section 10.3.2 provides information needed if this condition cannot be met. Your additional information stated a finer would be used to eliminate any adverse effect to the adjacent wetland, More justification was provided to meet the requested information in the manual. More information is still needed to meet the requirements in the manual. • Please provide detailed information on the liner and calculations showing it will prevent subsurface flow. The specifications for the liner should be included on the plans. + Please provide the elevation of the wetland's water level adjacent to the basins. + Depending on the above information a calculation -based hydrogeological analysis of the proposed wet pond and surrounding subsurface conditions may still be need to demonstrate the basins will not adversely affect wetlands, surface waters, and buffers. Please provide two sets of plans. The requested information should be received by this Office prior to October 19, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please send your request, including date by which you expect to submit the required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. New original documents must be provided and copies are not acceptable. If you have any questions concerning this matter feel free to contact me at (919) 807-6368 or brian. towther@ncdenr.Qov. Sincerely, Brian Lowther Environmental Engineer cc: Fayetteville Regional Office Stormwater Permitting Unit Files ec: Watson G. Caviness, Riverbrooke, LLC Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 } Location: 512 N Salisbury St. Raleigh, North Carolina 27604 Phone 919-807-6300 l FAX: 919-807-6494 Internet: www.ncwaterguality.org NorthCarolina Naturally Sw[12 0'ao5' Gcotcchnical Engineering Scrviccs Constniction Material Civil Quality Control MKR P. O. Box 53774 Fayetteville, NC 28305 Attention : Douglas Cooper RE: Daily Field Report for 10/11/2012 Riverbrooke Subdivision, MKR BES Project No : 12-0171 Ladies and Gentlemen: 10/17/2012 On this date, representative(s) of Building & Earth Sciences, LLP were present to perform construction material testing services at this project site. Our testing and observations for this date include the following: FO-3 : Field Observations made on this date. • Water depth determination For Information Only Comment 1 : Point 304 - Groundwater encountered at elevation 163.38' on 10/11/2012. Comment 2 : Point 305 - Groundwater encountered at elevation 167.30' on 10/11/2012. Closing The testing and observations identified above have been reviewed by our project manager. If you have questions regarding this information, please do not hesitate to contact us. Respectfully Submitted, Building & Earth Sciences, LLP Enclosures : FO-3 '110 Spring Branch Rd. )unn, North Carolina 28334 'hone (910) 292-2085 Fax (910) 292-2087 vww.buildingandearth.com 4 dc aAoc,-t'A Submilled BY Page I of 2 �IC]NC & EART� 10/11/2012 Project Name: Client Name: Contractor: Monitoring: Field Observations Report Riverbrooke Subdivision, MKR MKR Project Number: 12-0171 Placement#: FO-3 Technician: Brad Carlson I : Water depth determination \ Building & Earth Sciences representative was onsite as requested to determine water depth at the previously specified GPS coordinates: 'oint Number -------- Easting--------- Northing ------ Elevation ------ GW Depth-------GW Elevation ----304 ----305 �omments 1947094.6030' --- 445309.6486'----164.38'------- 1.00' 1946123.7344' --- 445605.4049'----167.30--------- 0.00' 163.38' 167.30' Point 304 - Groundwater encountered at elevation 163.38' on 10/1 1/2012. 10/17/2012 07:47:04 Point 305 - Groundwater encountered at elevation 167.30' on 1011 1/2012. 10/17/2012 07:48:19 ;10 Spring Branch Rd. )unn, North Carolina 28334 'hone (910) 292-2085 Fax (910) 292-2087 vww. buildingandearth.com eo dj- wow Reviewed By Page 2 of 2 'i ENGINEERS PLANNERS SURVEYORS MOORMAN, KIZER & REITZEL, INC. 9/10/2012 NCDENR Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 Subject: Request for Additional information Stormwater Project SW6120705 Riverbrooke Subdivision Section 4 & 5 Brian Lowther: 115 Broadfoot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910) 484-5191 �5 �D SEP 1 % �Oi2 [+VA7V 8214nds Stcu,,,.. Q , U'4117y The following are our responses to your August 2, 2012 letter requesting additional information for the Riverbrooke Subdivision Section 4 & 5. Your comments are in italics and our response follows in bold type. 1. Please show all stormwater pipes and conveyances on the plans. Revised plans are attached that clearly indicate the stormwate pipes and conveyances. 2. Please clearly show the project area on the plans. All new built upon area must be routed to the BMPs. Revised plans are attached that clearly indicate the project's area and the areas that were not included have been revised to insure the impervious areas are routed to the BMP for treatment before discharging offsite. 3. Please provide information on how the stormwater from future development will be treated. The drainage area for the six lots 205 to 207 and 468 to 470 was and is indented to be part of this submittal, we have revised the stormdrainage system to capture and transport the runoff from this area to wet detention pond 1 (H) for treatment. The revised calculations, page 3 of Form SWU-101, and SW401 Forms are attached for your review. Also the plans do show some future development on the submitted plans this was shown for reference only and is not included as part of what we are permitting at this time. The method of stormwater treatment is yet to be determined but will more than likely be with wet detention ponds. Once the details of the future development are worked out and the developer is prepared we will submit for the necessary permits. 4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the PP is much lower. Please revise the design. It is impractical if not impossible because of the existing slopes in this area to fill the proposed lots to a grade that would promote positive runoff to the road. Our only practical option to make these lots buildable is to picked up the runoff in a rear yard swale and transport it to the pond for treatment, but in order to do that the pond's elevations have to be set low enough to have the swale function, hence the need to have the ponds PPE set were it is. It is true that ideally the PPE should be established within 6 inches of the SHWT, but section 10.3.2 of the BMP does make provisions were this is not possible or practical and that an engineered measure may be acceptable. Our method of eliminating any adverse effect to the adjacent wetland and the SHWT is to line the pond with an impervious material which has been an 115 Broadfoot Ave. ENGINEERS IR P.O. Box 53774 PLANNERS SURVEYORS ® a d Fayetteville, NC 28305 MOORMAN, KIZER A REITZEL, INC. (910) 484-5191 accepted method in this area in the past and is used in the coastal counties. We can further justify this by addressing and meeting the 4 (a, b, c and d) requirements of the section. a.) The very nature of a pond lined with an impervious material is to stop the subsurface transfer or flow to and from the surrounding subsurface areas, this fact alone demonstrates that the adjacent wetlands will not be lowered or adversely affected. Additional the runoff that was going to the wetland prior to the development will still be discharged from the pond to the same wetlands so eliminating or restricting the wetlands water source should not be a concern either. So other than the necessary pond sizing calculations, there are no other calculations that can demonstrate these conditions. b.) Once again the nature of a pond lined with an impervious material is to stop the subsurface transfer or flow to and from the surrounding subsurface areas. So as long as the impervious material is to at least the PPE the pond will hold water at that elevation. In our case we also need to keep the SHWT out of the pond so the impervious material will have to be to at least the SHWT elevation. c.) Even though the pond's PPE is lower that the SHWT at least at the pond's location, it is still higher than the existing surface elevation and SHWT at the pond's point of discharge so there is no effect on the pond's ability to properly discharge to the wetlands. d.) The impervious liner will eliminate any incoming groundwater, so the submitted pond sizing calculations adequately demonstrates that the design volume is drawdown within the 2 to 5 day time. 5. Please include the Ill. Required Items Checklist for each supplement form. It can be found as one of the tabs in the excel file. The filled out Items Checklist for both of the supplement form is attached. 6. Please show proposed drainage easements and public right of ways on the plans. Revised plans are attached that clearly indicate the easements and right of ways. 7. The application indicated 4041401 permit was needed. Please provided documentation this permit has been obtained. The permit has been applied for but has yet to be secured, once we have a copy of the approved permit we will forward it to you. If you should have any additional question please feel free to call me at our office. 4 �. IVry Douglas B. Cooper, PE, PLS Attachments: 2 — Revised Plans Sets 2 — Impervious area calculations 2 — Revised Hydraflow Modeling 2 — Revised Pond I (H) calculations 2 — Revised page 3 of SWU-101 2 — Revised Pond I (H) SW401 form 2 — III. Items Checklists for Ponds 1 and 2 Lowther, Brian From: Lowther, Brian Sent: Thursday, August 16, 2012 3:14 PM To: 'dbcooper@mkrinc.com' Subject: RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5 That is fine. We can extend the deadline to 9/16/12. Brian From: Douglas Cooper [mailto:dbcooAer@mkrinc.com] Sent: Thursday, August 16, 2012 2:08 PM To: Lowther, Brian Subject. RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5 Because there are some new design items required, I would like to get a month to make sure we can address all the items listed. Douglas B. Cooper, PE, PLS [%)oyrnia n. Kizer and Rei trei. Inc. 115 13roadfoot Ave. P.U. Box 53774 f'avetteville, NC 28305 (910) 484-5191 Fax: (910) 484-0388 www.mkrinc.com dbcoopergmkrinc.com From: Lowther, Brian[mailto:brian.lowther@ncdenr.gov] Sent: Thursday, August 16, 2012 2:06 PM To: dbcooPer@mkrinc.com Subject: RE: Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5 Douglas, We can give you an extension if needed. How much more time do you think you will nee? Brian From: Douglas Cooper [mailto:dbcooper(@mkrinc.com] Sent: Thursday, August 16, 2012 1:47 PM To: Lowther, Brian Subject: RE; Add Info for SW6120705 Riverbrooke Subdivision Section 4 &5 Brian, Is it possible to get a two extension on the request for information that you sent to us and is due tomorrow? Please let me know if this is ok or what other options there are. Douglas B. Cooper, PE, PLS Moorman, Kizer and Reitzel, Inc. 115 Broad foot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910) 484-5 191 Fax: (910) 484-0388 www.mkrine.com dbcooperQmkrinc.com From: Lowther, Brian[mailto:brian.lowther!2ncdenr.gov] Sent: Thursday, August 02, 2012 12:47 PM To: dbcooper@mkrinc.com Subject: Add Info for SW6120705 Riverbrooke Subdivision Section 4 M Douglas, Attached is the letter I send out today. I discussed the liner with my coworker and we have gotten that question before and it is something we don't allow. Let me know if you have any questions. Brian Brian C Lowther, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh,, NC 27604 (919)807-6368 brian.lowthcrnncdenr.p_ov http://Portal.ncdenr.orglweb/wq/ws/s E-mail correspondence to and front this address may be subject to the ,Noah Caroiina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 4 2 NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director August 2, 2012 Mr. Douglas B. Cooper, PE, PLS Moorman, Kizer Et Reitzel, Inc. 115 Broadfoot Avenue Fayetteville, NC 28305 Natural Resources Subject: Request for Additional Information Stormwater Project No. SW6120705 Riverbrooke Subdivision Section 4 ix 5 Hoke County Dear Mr. Cooper: Dee Freeman Secretary The Division of Water Quality Central Office received a request to modify the Stormwater Management Permit for the subject project on July 27, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please show all stormwater pipes and conveyances on the plans. 2. Please clearly show the project area on the plans. All new built upon area must be routed to the BMPs. 3. Please provide information on how the stormwater from future development will be treated. 4. The permanent pool (PP) elevation should be within 6 inches of the SHWT. The supplement indicates the PP is much lower. Please revise the design. 5. Please include the III. Required Items Checklist for each supplement form. It can be found as one of the tabs in the excel file. 6. Please show proposed drainage easements and public right of way on the plans. 7. The application indicated 404/401 permit was needed. Please provide documentation this permit has been obtained. The requested information should be received by this Office prior to August 17, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please send your request, including date by which you expect to submit the required information, to my attention. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. New original documents must be provided and copies are not acceptable. if you have any questions concerning this matter feet free to contact me at (919) 807.6368 or brian. Lowther@ncdenr. qov. Sincerely, Brian Lowther Environmental Engineer cc: Fayetteville Regional Office Stormwater Permitting Unit Files ec: Watson G. Caviness, Riverbrooke, LLC Wetlands and stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolina Location: 512 -8 7 Salisbury Si. 19-80 h, North Carolina 27604 �aillra!!r� Phone: 919 607-63001 FAX: 919 807-6494 Internet: www.ncuaterquality.ora Application Completeness Review First Submittal ❑ Re -submittal Date Received: 74YJI z Date Reviewed: 7 -3 Development/Project Name: ki VE,Q. �,e sv Receiving stream name R o c. k Pis'ti C R_�P_-.K Classification f Liver Basin: �iA-f�.+e T A2 By Bill Diuguid For post -construction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HQW, ORW, Neuse River Basin NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient Management Strategy. High Density Projects that require a 4011404 within an NSW require 85% TSS, 30% TN and 30% TP removal. T&E Species (Goose Creek, Waxhaw Creek or Six Mile Creek Water Sheds): Latitude and Longitude: 3Af -6'8 15WA( —717 // 3z 14/ Jurisdiction7_12,9,1-0cotic Project Address: U_ s / �v 4t-0 ��. x.,,i r� nrQa,� i�rto�s�. ; �:, �„f/ ��"�c -F,, Engineer name and firm: P. B _ C o oP,,a �4E -- Phone: _91 o 1 4k 6?* -S/ 9/ Email: Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? Yes or ❑ No ❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets M-Kigh Density ❑ Other r"401/404 impacts to surface waters, wetlands, and buffers (add language to cover letter and/or add info letter) Check for $505.00 included �l Original signature (not photocopy) on application ///aq,���� J /rNot' X.rel c Nat w'`•'ff.r Legal signature (Corporation-VP/higher, Partnership-Gefferal Partner/higher, LLC-member/manager, Agent). Check spelling, capitalization, punctuation: http://www.secretary.state.nc.us/corporations/thepage.aspx If an agent signs the application, a signed letter of authorization from the applicant must be provided which includes the name, title, mailing address and phone number of the person signing the letter. Y' For subdivided projects, a signed and notarized deed restriction statement ;'-"Sealed, signed & dated calculations Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each) ❑ Bioretention ❑ Dry Detention Basin ❑ Filter Strip ❑ Grass Swale ❑ Infiltration Basin ❑ Infiltration Trench ❑ Level Spreader to Permeable Pavement ❑ Restored Riparian Buffer ❑ Rooftop Runoff Management ❑ Sand Filter ❑ Stormwater Wetland 2'VV-et Detention Basin ❑ Low Density ❑ Curb Outlet ❑ Off -Site ❑ NCDOT Linear Road R� Two sets of sealed, signed & dated layout & finish grading plans with appropriate details Narrative Description of Stormwater management provided tSolis report provided y/ r� Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or adjacent property r� Details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter; Dimensions & slopes provided O'/Drainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density f� a MP operation and maintenance agreements provided Application completes s,*-f of ❑ Application Incomplete Returned: (Date) May 5, 2011 Revision, Bill Diuguid — A(W? Z y ENGINEERS PLANNERS JVM SURVEYORS f 00RMAN, KI ZER & REITZEI, INC. July 19, 2012 115 Broadfoot Ave. P.O. Box 53774 rayettevifie, NC 28305 (916) 484-5191 North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Attn: Mr. Mike Randall Re: Riverbrooke Subdivision Section 4 & 5 Mr. Randall: On behalf of our client, Riverbrooke, LLC, we are submitting Riverbrooke Subdivision Section 4 & 5 for review and permitting. Please find enclosed two (2) copies of the applicable plan sheets, a copy of the Stormwater'Manage Report, which includes the design narrative, a drainage basin map and the necessary stormwater calculations. Also enclosed is an original and a copy of the permit applications, SWU-101, DRPC-3, SW401 and the Wet Detention Basin Supplements for Basins 1 and 2, and a check in the amount of $SOS.00 for the application fee. Please feel free to give me a call if you have any questions or if you need any additional information. I can be reached by telephone at (919)484-5191 or by email at 0roney@mkrinc.com . Your assistance with this project is greatly appreciated. Respectfully submitted, Moorman, Kizer & Reitzel, Inc. Senior Designer Attachments as noted. , Lowther, Brian From: Douglas Cooper [dbcooper@mkrinc.com] Sent: Tuesday, September 25, 2012 11:26 AM To: Lowther, Brian Subject: Riverbrooke Wetlands Attachments: 404 Approval with special conditions.pdf; Riverbrook 401 Approval.pdf Follow Up Flag: Follow up Flag Status: Flagged Brian, Attached are copies of the 401 and 404 approvals for the wetlands crossings in the proposed Riverbrooke Subdivision for your use. Please let us know if you have any questions or require any additional information from us on this or the stormwater submittal. Any updates on the stormwater review as of now? Thanks, Douglas B. Cooper, PE, PLS Nloorman, Kizer anti Reitzel, Inc. 115 Broad Foot Ave. P.O. Box 53774 Fayetteville; NC 28305 (910) 484-5191 Fax: (910) 484-0388 www.mkrinc.com dbcooper a,mkrinc.com 1 D'ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 20, 2012 DWQ Project # 12-0523 Hoke County Riverbrook, LLC Attn: Mr. Watson G. Caviness 639 Executive Place, Suite 400 Ai 6 2017 Fayetteville, NC 28305 Subject Property: Riverbrook —Phases II -IV Rockfish Creek [I8-3-(15), q Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Caviness: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.24 acres of wetlands and 70 linear feet of perennial stream for the purpose of the construction of a residential subdivision at the subject property, as described within your application dated May 25, 2012 and received by the N.C. Division of Water Quality (DWQ) on May 29, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3890 (GO890). The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and other regulations. Also, this approval to proceed with your proposed ]impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in 225 Green St., Ste.714 Fayetteville, North Garolina 28301 011E Phone: 910-133-33001 FAX: 910-08H7071 Customer Service: 1.877.623-6748 NQ Carolina Intemet: www.nmaterquality.M Amman An Equal Opporiunily S Athrtna)ive Adion 'Employe Riverbrook, LLC Page 2 of 4 August 20, 2012 the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404 Wetlands Permanent Impact) 0.242 acres PCN page 5 of 11 Perennial Stream 70 linear feet PCN page 5 of 11 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion - control measures must be such that they equal, or exceed, the requirements specified in, the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. - I c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. Riverbrook, LLC Page 3 of 4 August 20, 2012 4. No Sediment & Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters . without prior approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Stormwater Management Plan (Approval by the DWQ Stormwater Unit required.) You are required to obtain approval from the DWQ Stormwater Unit before any impacts authorized in this certification occur. The SMP may not be modified without prior written authorization from the DWQ Stormwater Unit. A copy of the approval letter and the modified SMP must be submitted to the DWQ Webscape.Unit prior to the commencement of the modifications. 6. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the DWQ WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699-1650. 7. 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 waning 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 2H, Section .0500 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Riverbrook,' LLC Page 4 of 4 August 20, 2012 Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DiN7sion of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Tu.rlington in the DWQ Fayetteville Regional Office at 910-433-3320. Sincerely, p I��E:GvY>�►lGJ �. �n7 Charles Wakild Director Enclosures: GC 3890 Certificate of Completion cc: Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit Crystal Amschler - USACE Wilmington Regulatory Field Office DLR Fayetteville Regional Office -Nicole Thornpson,— Soil & Environmental Consultants, P.A. File Copy U.S. ARMY CORPS OF ENGINEERS WILMfNGTON DISTRICT Action Id. 2006-32744 County: Hoke U.S.G.S. Quad: Raeford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Proaerty Owner: Riverbrooke. LLC Attn: Mr. Watson G. Caviness Address: 639 Executive Place, Suite 400 Fayetteville, North Carolina 28305 910-481-0503 K1' ? 0 20.. j Size and location of property (water body, road name/number, town, etc.): The property is approximately 380 acres and is located adjacent to Rockfish Creek, west of US Highway 401 approximately 015 mile south of the intersection of US Highway 401 and Rockfish Road, east of Raeford, Hoke County, North Carolina. Latitude: 34.9760 Longitude:-79.184622 Description of projects area and activity: This Permit authorizes after-the-fam permanent impact to 0.242 acres of wetlands and 70 linear feet of stream channel due to the construction of two road crossinss associated with phases II -IV of a residential development known as the Riverbrook Subdivision. Impacts for -�_ phase 1 of the Riverbrook Subdivision were authorized on November 1 2006 and included the temporary impact to 0.025 acres of wetlands for the construction of a sewer line. Mitigation is renuired_and special conditions apply (see Permit Condition below). The project must be conducted in accordance with the attached permitted plans. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: ATF 29 SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated May 29 2012 and June 28 2012 . Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reiiance 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 modifj•, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. 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 Crystal Amschler at 910 251-4170. Corps Regulatory Official l / ( Date: 9/17/2012 Expiration Date of Verification: 9/17/2014 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hM)://pur2.nn.usace.ariny.mil/survey.htrn) to complete the survey online. Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ . Action ID _ Basis For Determination The site exhibits wetland criteria as defined in the, 1987 Corps Wetland Delineation Manua] and appropriate Regional Supplement and is adjacent to Rockfish Creek, a tributary to the Cape Fear River, a navigable water of the U.S. Streams exhibited an OHWM. ' Remarks. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in Band C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above ad s by 111116/2012 .. **It is not necessary to submit an RFA to the Divis' O fyou do not object to the determination in this correspondence.** Corps Regulatory Official: Date: 9/1712012 Expiration Date: 9/17/2017 Copy furnished: Soil & Environmental Consultants, Attn: Nicole Thomson, 11010 Raven Ridge Rd, Raleigh, NC 27614 Mr. Chad Turlington, Division of Water Quality North Carolina Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Special conditions: a) Within 90 days of the issuance of this permit, the permittee shall complete the authorized impacts in accordance with the permit and permit special conditions. Within one week of completion of this work the permittee shall contact the Corps of Engineers to schedule a compliance meeting. The completion of this work will resolve the unauthorized activities that occurred at the road crossings addressed in our June 22, 2012 notice of violation letter. b) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization." c) Permittee shall execute and cause to be recorded in the Hoke County Register of Deeds,restrictive covenants Ianguage (excerpts from restrictive covenant with approved language attached) for the purpose of maintaining the Conservation Areas A and B, as shown on the Riverbrooke Conservation Areas maps dated June 2012, in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording. Corps Regulatory Official Date: 9/17/2012 4 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Riverbrooke, LLC Project Name: Riverbrooke Development Action ID: SAW-2006-32744 County: Hoke 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 Ecosystem Enhancement Program (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 9-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 should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/ILF Manager. 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: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Nan -Riparian Coastal Riverine Non-rverne 0.242 *if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: "igit HUC and Basin: 03030004, Cape Fear River Basin Stream (credits) Wetland (credits) Warm Coo! Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine 0.242 Mitigation Site Debited: (For banks, list the name of the bank to be debited, and the specific site if an umbrella bank. For NCEEP, list "NCEEP" and 'Advance Credits', "Unassigned', or the name of the site name If specified in the acceptance letter from NCEEP.) Section to be completed by the Mitigation Bank or I F Sponsor Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for ILF programs), as approved by the USACE, are currently available at the bank/ILF site identified below. 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. Mitigation Bank/tLF Sponsor Name: Name of Sponsor's Authorized Representative:_ Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 13 September, 2012 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. • Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the PermMee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. • If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE 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 must 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 by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: Crystal Amschier USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: AMSCHLER.CRYSTAL.0 �" E30RC-8M*1LC,"%LE1338614170 Dlk c LIS, a-UA Go a nt,—DaD, ow -PIG, —US& AMILLE.1238614178 , ;LW 519-VW ' ""$ September 17, 2012 USACE Project Manager Signature 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 h;tp iriuit,.�r: 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,rah ; ,'_:_.-ic;s::� , ���ru ? to complete the survey online. i NQTIFICA T1nN'OF OPTIONSAND PROCESS AND FijR,APPEAU 1 Applicant: Riverbrook LLC File'Number:2006-32744 Date:9/17/2012 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of pormission) A Ell PROFFERED PERMIT Standard Permit or Letter of ennissiom B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D F]l PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies ,6oui rigITO anid optiuns'fegarding anlddmiiiis ativz appeal of the above derision. Additional information maybe found at htL :i/wN w.usace.aim miL'inetlfi nction4ic,3Yl4ectvo,'1e rn`' Cot s iegulations at 33 CFR Pit 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable, If you wish, you may request an approved JO (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TOAN RATIAL PRIFI'ERED PERNOT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information- to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT' OF CONTACT F'OR.QUE'STTONS OR 1NFORA If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Crystal Amschler, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 T'ION: If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government . consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site invesdization; and will have the onnortunity to oarticinate in all site investigations. Date: i Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Crystal Am_ schler, 69 Darlington Avenue, Wilmington, North Carolina 29403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Action ID Number: 2006-32744 County: Hoke Permittee: Riverbrooke, LLC Date Permit Issued: 9/17/2012 Project Manager: Crystal Amschler 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 WILMINGTON REGULATORY FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. 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 CESAW-RG