20171548 Ver 2_Pre-Filing Meeting Request_20200923

ID# * 20171548
Version* 2
Regional Office* Winston-Salem Regional Office - [phone]
Reviewer List* Sue Homewood
Pre -Filing Meeting Request submitted 9/23/2020
................................................................................................................................................................................................................................................................................................................
Contact Name * Lauren Norris -Heflin
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
[e-mail]
Huffman Point
Diamondback Investment Group, LLC
Alamance
Street Address
Address Line 2
Cty
Postal / Zip CDde
Is this a transportation project? * r Yes r No
State / Province / Pegion
Country
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - r- 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Please list all existing project ID's associated with this projects.*
20171548
Do you know the name of the staff member you would like to request a meeting with?
Sue Homewood
Please give a brief project description below.*

The proposed project at the Huffman Point site located in Burlington, North
Carolina within Alamance County includes the installation of an additional
pedestrian crossing due to local municipality greenway requirements.
Previously permitted impacts under Nationwide Permits 12, 14, and 18 and
Water Quality General Certification Numbers 4133, 4135, and 4139
included 139 linear feet (I.f.) of permanent stream, 0.01 acres of
permanent wetland impacts, and 78 Lf. of temporary stream impacts. Of the
139 Lf. of permanent stream impact, 114 Lf. is permanent for culvert fill and
25 Lf. is permanent — no loss fill for dissipator pads. The proposed
pedestrian crossing WII result in additional stream impacts, but WII not
cause overall permanent stream impacts to exceed the 150-linear foot
permitting threshold.
Non-compliance with Nationwide Permit 14 at impact location S-1 (see
attached), originally permitted for 114 Lf. of permanent stream impacts, has
resulted in the issuance of a Notice of Violation (NOV) by the USACE.
Resolution of this NOV is in -progress, and a design is currently being
created to bring the culvert into compliance and reduce permanent impacts
back to 114 Lf. It is anticipated that the new design WII be ready and
provided to the USACE and DWR for review by the week of September
28th. It is understood that although a new permit application can be
reviewed, no new permits \&411 be issued for the additional proposed
pedestrian crossing until the NOV is resolved.
Please give a couple of dates you are available for a meeting.
9/23/2020
9/25/2020
9/28/2020
9/29/2020
10/1/2020
Please attach the documentation you would like to have the meeting about.
401 Water Quality.pdf 137.91 KB
404 Nationwide Permit 2017-02386 NW 12 14
979.81 KB
18.pdf
pd only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 9/23/2020

March 19, 2018
Burlington Grand Oaks LLC
Attn: Paul Holst
3907 N. Elm St
Greensboro NC 27455
ROY COOPER
Governor
MICHAEL S. REGAN
Secretaj:v
LINDA CULPEPPER
Atterim Dit-ector
DWR # 20171548
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Huffman Point Subdivision
Dear Mr. Holst:
You have our approval for the impacts listed below for the purpose described in your application dated
October 24, 2017, received by the Division of Water Resources (Division) February 2, 2018, with
subsequent information on March 16, 2018. These impacts are covered by the attached Water Quality
General Certification Numbers 4133, 4135 and 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Numbers 12, 14 and 18 once they are issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Stream
Site 1 — road crossing
139 (linear feet)
0 (linear feet)
Site 2 — utility
0 (linear feet)
78 (linear feet)
installation
404/401 Wetlands
Site 2 — utility
0.01 (acres)
0 (acres)
installation
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] \ FAX: [phone]

Burlington Grand Oaks LLC
DWR# 20171548
401APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
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 (s)/Permit/Authorization and is responsible
for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The proposed project must comply with the Burlington local water supply ordinance approved by
the N.C. Environmental Management Commission (EMC) as required under the Jordan Lake Water
Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) 15A NCAC
0213.0267.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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) within
sixty (60) days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Burlington Grand Oaks LLC
DWR# 20171548
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Enclosures: GCs 4133, 4135, 4139
cc: Perry Isner, Wetlands & Waters, Inc. (via email)
David Balely, USACE Raleigh Regulatory Field Office (via email)
Josh Johnson, AWCK for City of Burlington (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-02386 County: Alamance U. S.G. S. Quad: NC -Burlington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: Burlington Grand Oaks, LLC
Attn: Paul Holst
Address: 3907 North Elm Street
Greensboro, NC 27455
Size (acres) —49.05 Nearest Town Burlington
Nearest Waterway UT to Gum Creek River Basin Cape Fea
USGS HUC 03030002 Coordinates 36.061980 N, -79.488626 W
Location description: The pro aect area is located on the north side of Grand Oaks Boulevard, approximatelv 0.5 mile east of its
intersection with Virkpatrick Road, in Burlinffton, Alamance Countv, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 139 linear feet
of intermittent stream channel (loss of waters of the US in 114 linear feet from culvert fill and 25 linear feet from rip rat)
dissipator pads) and 0.01 acre of wetlands, and the temporary dischar2e of fill material into 78 linear feet of intermittent
stream channel, necessary for road and sewer access and infrastructure for the Huffman Point residential development.
Applicable Law(s): E Section 404 (Clean Water Act, 33 USC 1344)
F-1 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: INWP 12 Utilitv Line Activities (for sewer crossin2 of stream), NWP 14 Linear Transportation Pro aects (for
road crossm2 impacts), NWP 18 Minor Dischar2es (for permanent wetland fill for sewer crossing).
SEE ATTACHED NWP GENERAL, REGIONAL, ANDIOR 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 10/24/2017 (received 3/16/2018), and the enclosed plans Sheets C-4.0
(si2ned/sealed 1/12/2018), C-1.14 (si2ned/sealed 3/16/2018), and C-7.7 (si2ned/sealed 1/12/20181. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide pennit'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 [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the pennittee of the responsibility to obtain any other required Federal, State
or local approvals/pennits.
If there are any questions regarding this verification, any of the conditions of the Penuit, or the Corps of Engineers regulatory program,
please contact David Bailev at [phone] X 30 or David.E.Bailev2(dusace.armv. il.
Digitally signed by BAILEY.DAVI D.E. 1379283736
— DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
,f;—; ou—USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2018.04.16 09:55:37 -04'00' Date: 4/16/2018
Expiration Date of Venification: 3/18/2022

SPECIAL CONDITIONS
1. Future impacts and/or phases of the Huffman Point residential development project and related
activities associated with Corps Action ID: SAW-2017-02386 will be considered part of a single
and complete project; these impacts will be considered cumulative with impacts permitted during
earlier phases regarding compensatory mitigation and Nationwide Permit thresholds.
Corps Regulatory Official:
Expiration Date of Venification: 3/18/2022
Dq,t,lly,,q�d by
BAILEY.DAVID.E.1 37­3736
DN -U.S. G-111111t, 1,D,D,
�� _'�US, .
1, .. -USA,
—B ILEY.DAVID.E.1379283736
Wb, 2018­1­5613�W
Date: 4/16/2018
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.army.niil/cni.apex/Vp=136:4:0.
Copy furnished:
Peny Isner, Wetlands & Waters, Inc., 6018 Little Mountain Rd., Sherrils Ford, NC 28673
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

Determination of Jurisdiction:
A. E There appear to be waters including wetlands, on the above described project area/property, that may be subject to
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33
USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be
sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map
dated 2/28/20017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat
all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
B. F� 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 (RHA) (33 USC § 403) and 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.
C. F-1 There are waters including wetlands, within the above described project area that are 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. F-1 The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Date. Action ID: AID.
Basis For Determination: See the Preliminary Jurisdictional Determination form dated 4/16/2018.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
detenninatioii� you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence."
Digitally signed by BAILEY.DAVID.E.1 379283736
DN:c= S, o=U.S. Government, ou=DoD, ou=PKI,
ou=USUAcn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2018.04.16 09:57:14 -04'00'
David Bailev
Date of JD: 4/16/2018 Expiration Date of JD: Not applicable

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Burlington Grand Oaks, LLC (Attn: Paul Holst), File Number: SAW-2017-02386
Date: 4/16/2018
Attached
is:
See Section below
INITIA PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
P RMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.annv.mil/Missions/CivilWorks/RegulatorvProgramandPennits.asl)x
or the Corps regulations at 33 CFR Part 33 1.
A: INITIAL PROFFERED PERMIT: You may acccpt or objcct 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 11 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 acccpt or appcal 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 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.
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 JD (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 TO AN INITIAL PROFFERED PERMITIM
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 FOR QUESTIONS OR INFORMA I 1UN:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
attn: David E. Bailey
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: [phone]
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 investigation, and have the opportuni to participate in all site investi ations.
-will
Date:
Telephone number:
I
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits andApproved Jurisdictional Determinations send thisform to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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Action ID Number: SAW-2017-02386 County: Alamance
Permittee: Burlin2ton Grand Oaks, LLC (attn.: Paul Holst)
Project Name: Huffman Point / Grand Oaks Boulevard / Burlington / Alamance County / residential
Date Verification Issued: 4/16/2018
Project Manager: David Bailey
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: David Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date