20120280 Ver 2_Individual_20120921

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•w E' BURDETTE LAND CONSULTING INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] — Fax [phone]
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September 21, 2012
Mr. Craig Brown
Mr. Ian McMillan
US Army Corps of Engineers
Wetlands, Buffers, Stormwater Compliance
Raleigh Regulatory Field Office
and Permitting Unit
3331 Heritage Trade Drive, Suite 105
NC Division of Water Quality
Wake Forest, North Carolina 27587
512 N. Salisbury Street
Raleigh, North Carolina 27604
RE: Permit Modification
The Marketplace at Tramway, Tramway, Lee County, NC
USACE Action ID #: SAW - 2011 -01375
DWQ Project #: 2012 -0280 Y2,
BLC Project #: 11404
Dear Mr. Brown & Mr. McMillan:
The Marketplace at Tramway commercial development is located in the southeast quadrant of
the intersection of Jefferson Davis Highway ( US 1 -15 -501) and Tramway Road (NC Highway
78) southwest of Sanford, Lee County, North Carolina. An Individual Permit was issued by the
US Army Corps of Engineers ( USACE) for this project on August 14, 2012 with an expiration
date of December 31, 2022. The North Carolina Division of Water Quality (NCDWQ) issued a
modification to the individual 401 Water Quality Certification with Additional Conditions for the
project on August 13, 2012.
Due to changes in the construction plan for the project, the applicant requests a modification to
the existing approvals. The phasing of the project has been reorganized. Originally, the first
phase included six outparcels along Highway 1 -15 -501 and Tramway Road and did not involve
impacts to wetlands. The wetlands were to be impacted and stormwater BMP constructed in
Phase 2 of the project. Now the applicant proposes to include construction of the stormwater

Mr. Brown & Mr. McMillan
September 21, 2012
Page 2 of 3
BMP and filling 0.77 acre of the east -west lobe of the wetland including the southern portion of
the confluence area in the first phase of the project as shown on the attached Wetlands
Disturbance Phases map (Sept 2012). Should the modification be approved, the phase line will
be surveyed across the wetland and protective fencing and silt fence installed to protect them
from accidental disturbance and sedimentation from adjacent construction activities. Mr. Branch
understands that diligent, periodic maintenance of the sediment fence will be necessary to
prevent sediment from the construction project entering wetlands on adjacent properties.
Placement of fill material in the confluence area was limited to the southern half of the drainage
way to ensure that the hydrology of the undisturbed wetlands is not affected by Phase 1 of the
project.
Based on the revised construction phasing, we request the USACE replace compensatory
mitigation condition of the Individual Permit with the following revised conditions. The
applicant also requests NCDWQ revise the Approval of 401 Water Quality Certification with
Additional Conditions to include the same mitigation schedule. Tara Disy Allden of Restoration
Systems indicated in the attached email received September 21, 2012 that they are able and
willing to accommodate the proposed mitigation schedule.
In order to compensate for impacts to 0.77 acres of wetlands in Phase 1 of the project, the
permittee shall secure 1.54 acres of non -riparian wetlands credits from Barra Farms phase II
Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit 03030005.
Work in jurisdictional areas authorized by this permit cannot be initiated until the District
Engineer (DE) is in receipt of written documentation, signed by an approved representative
of the mitigation bank, confirming that the bank Sponsor has accepted responsibility for
providing the required compensatory mitigation in accordance with the approved Mitigation
Bank Instrument. This confirmation must include the appropriate number and resource type
of credits that have been secured from the Sponsor. It is the Permittee's responsibility to
provide this documentation to the DE, and until this documentation has been received, the
Permittee retains responsibility for providing all compensatory mitigation associated with
this permit.
In order to compensate for the remainder of the authorized impacts in Phase 2 of the project,
which includes impacts to 1.4 acres of wetlands, the permittee shall secure 2.8 acres of non -
riparian wetlands credits from Barra Farms phase II Wetland Mitigation Bank, located in the
Cape Fear River Basin, Cataloging Unit 03030005. Work in jurisdictional areas authorized
by this permit cannot be initiated until the District Engineer (DE) is in receipt of written
documentation, signed by an approved representative of the mitigation bank, confirming that
the bank Sponsor has accepted responsibility for providing the required compensatory
mitigation in accordance with the approved Mitigation Bank Instrument. This confirmation
must include the appropriate number and resource type of credits that have been secured
from the Sponsor. It is the Permittee's responsibility to provide this documentation to the

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Mr. Brown & Mr. McMillan
September 21, 2012
Page 3 of 3
DE, and until this documentation has been received, the Permittee retains responsibility for
providing all compensatory mitigation associated with this permit.
If you have any questions about this modification request, please do not hesitate to call me at
(919) 841 -9977.
Sincerely,
Burdette Land Consulting, Inc.
Q. lg
6;;p - Jennifer A. Burdette
Environmental Specialist
c: Bobby Branch — BA Branch Properties, LLC
Mark Lyczkowski — ML Consultants
Monte Matthews - USACE

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LAKKY K. ALLEN
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P.O. BOX 487
Sanford, North Carolina 27330
Phone: [phone]
Scale
WETLANDS DISTURBANCE PHASES
DoRAFT NI AND DESIGN
MARKETPLACE AT TRAMWAY
1"=100'
SERVICES INC.
Project Number.
Date*
TRAMWAY, NORTH CAROLINA
2012 -00
SEPT 2012

Jennifer Burdette
From: Tara Allden [ tallden @restorationsystems.com)
Sent: Friday, September 21, 2012 11:30 AM
To: jburdetteblc @bellsouth.net
Cc: Tiffani Bylow
Subject: Compensatory mitigation for Branch Wetlands Permit
Jennifer,
Restoration Systems has reserved 4.34 wetland mitigation credits from the Barra Farms II Wetland Mitigation Bank to provide
compensatory mitigation for the above - referenced activity. It is our understanding that your client, Bobby Branch, would like
to implement the project in phases — impacting 0.77 acres of wetland now and 1.4 acres in the next 6 to 8 months.
Restoration Systems is able and willing to provide the mitigation credits in this same manner — transferring 1.54 credits for
the first phase of project implementation and the remaining 2.8 credits in the next 6 to 8 months.
Please let me know if you have any additional questions. Take care.
Tara
Tara Disy Allden
Restoration Systems
1101 Haynes Street, Suite 211
Raleigh, NC 27604
(919) 334 -9119 — direct
(919) 606 -7062 — mobile