20051986 Ver 5_Individual_20121003

N�
.w E',= BURDETTE LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] — Fax [phone]
S
October 3, 2012
Mr. Monte Matthews
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Permit Modification
Mr. Ian McMillan
Wetlands, Buffers, Stormwater Compliance
and Permitting Unit
NC Division of Water Quality
512 N. Salisbury Street
Raleigh, North Carolina 27604
Legend Oaks Subdivision Phase III, Chapel Hill, Chatham County,
USACE Action ID #: SAW - 200900106
DWQ Project #: 20051986, Ver.A-S
BLC Project #: 7145
Dear Mr. Matthews & Mr. McMillan:
OCT - 3 2012
Legend Oaks Subdivision is located north of Lystra Road and east of US Highway 15 1501 south
of Chapel Hill in Chatham County. The project has an Individual Permit and corresponding
WQC that are valid until December 31, 2019. Please refer to the attached Table 1 for a complete
summary of the permits, water quality certifications and subsequent modifications issued for the
project including the impact totals and mitigation requirements.
HBP Properties, LLC requests modification of the permit to remove compensatory mitigation
requirements for rip rap dissipators and separate the compensatory mitigation requirements on an
impact basis for the proposed road crossings in Phase III of the project. The riprap dissipators
have been designed using natural channel design to restore the dimension, pattern and profile of
the stream within the proposed pad as shown on the attached Details of Riprapped Culvert
Energy Basin. The attached Insets A through C have been relabeled to reflect changes in the
impact amounts due to reclassification.
We request the USACE replace the condition of the Individual Permit requiring compensatory
mitigation sufficient to perform the restoration of 376 linear feet of warm water stream with the

Mr. Matthews & Mr. McMillan
October 3, 2012
Page 2 of 4
following revised conditions, which reflect the on -site restoration of the stream channel within
the riprap dissipators.
In order to compensate for impacts to 69 linear feet of stream in Phase III -1 of the project,
the permittee shall secure 69 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002. 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 impacts to 90 linear feet of stream in Phase III -2 of the project,
the permittee shall secure 90 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002. 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 impacts to 93 linear feet of stream in Phase III -2 of the project,
the permittee shall secure 93 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002. 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.

Mr. Matthews & Mr. McMillan
October 3, 2012
Page 3 of 4
We also request 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 Mitigation Credit Reservation Confirmation Letter Statement
of Availability dated October 1, 2012 that they are able and willing to accommodate this
schedule.
Chatham County has approved the attached sub - phasing plan for Phase III of Legend Oaks
Subdivision. The applicant proposes to record conservation areas and preserve them in
perpetuity based on this revised construction and subdivision recordation phasing. USACE's
standard preservation language provided for restrictive covenants will be added to each phase of
the subdivision's restrictive covenants without modification. The conservation areas are required
as mitigation for the proposed impacts and shown on the attached Legend Oaks Subdivision
Phase III - Draft Stream Preservation Map dated and provided to the USACE on September 7,
2010. This map was revised from the preservation plan proposed April 20, 2009 in consultation
with Mr. Matthews when the Individual Permit modification was requested to include proposed
impacts in Phase I and II. Because the preservation areas on Lots 3, 4 and 5 contained 1,190
linear feet of stream in excess of the mitigation necessary for these impacts, Mr. Matthews
recommended simplifying the preservation plan for the entire subdivision by limiting the
preservation areas to four nearly contiguous areas. A total of 2,463 linear feet of stream will be
preserved with 50 to 100 -foot undisturbed, riparian buffers to mitigate a total 292 linear feet of
stream impacts for a project preservation ratio of greater than 9 to 1. Mr. Brantley Powell
understands that these areas must remain in their natural, undisturbed state prior to recordation
for their use as mitigation in the future.
A conservation declaration was recorded in the Chatham County Register of Deeds to preserve
the conservation areas on Lots 3, 4 and 5 containing approximately 3.19 acres riparian buffer and
1, 390 linear feet of stream on December 21, 2010 and submitted to the USACE on January 27,
2011. We request the USACE replace the preservation mitigation condition of the Individual
Permit with the following revised conditions.
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase III -1 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase III -1 or by
December 31, 2013, whichever comes first. 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

Mr. Matthews & Mr. McMillan
October 3, 2012
Page 4 of 4
provide a copy of the recorded restrictive covenants to the Corps of Engineers within 30
days of recording.
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase III -2 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase III -2 or by
December 31, 2015, whichever comes first. 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 30
days of recording.
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase III -3 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase III -3 or by
December 31, 2015, whichever comes first. 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 30
days of recording.
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.
Jenn er A. Burdette
Environmental Specialist
c: Brantley Powell — HBP Properties, LLC
Trenton Stewart — Arcadia Consulting Engineers

Table 1: Legend Oaks Subdivision Permit History/Impact Summary
Permit &
Project
Permit/Modificatio
Project
Mitigation
ID Number
Date
Phase
Description'
n Impact Totals
History Totals
Required
Nationwide
Temporary road
Permit (33)
March 18 2005
Phase
crossing for hydro axe
Unknown
Unknown
NA
AID#
,
I & II
access to site for
200520721
evaluation
Nationwide
November 22,
Four road crossings
351 if stream channel
351 if stream channel
Permit 29
2005
and two arch culvert
-149 if P perennial
-1491f P perennial
AID #
driveways for three lots
-202 if P intermittent
-202 if P intermittent
200620111
Revised date
Phase
unknown
I & II
IR -149 if P perennial
2R -166 if P intermittent
0.006 ac P wetland
0.006 ac P wetland
NA
WQC
February 17,
Project #:
2006
3R -36 lfP intermittent
05 -1986
4R- 0.006 ac P wetland
Individual
Four road crossings
4141f stream channel
765 if stream channel
3761f stream
Permit
May 21, 2009
-376 if P perennial
-525 if P perennial
restoration
AID #
1R -1491f P & 21 if T
-38 if T perennial
-202 if P intermittent
compensatory
200900106
Phase
III
perennial
2R -125 if P & 11 if T
0.006 ac P wetland
-38 if T perennial
mitigation
WQC
Project #:
March 31, 2009
perennial
0.012 ac P wetland
1,8201f
05 -1986
Revised
3R -1021f P & 61f T
stream
Ver. 2
May 15, 2009
perennial
channel
4R -0.006 ac P wetland
I
preservation
P = permanent; T = temporary; if = linear feet; ac = acre; italics = impact/mitigation completed; MR = mitigation not required; D =
driveway crossing; U = utility crossing(s); R = road crossing

Table 1: Legend Oaks Subdivision Permit History/Impact Summary
Permit &
Project
Permit/Modificatio
Project
Mitigation
ID Number
Date
Phase
Description'
n Impact Totals
History Totals
Required
Individual
Three driveway
Permit
crossings (two
1201f stream channel
8851f stream channel
601f stream
Modification
October 7, 2010
replacing previously
impact
-5651f P perennial
restoration
AID #
planned arch culverts)
-401f P perennial
-2221f P intermittent
compensatory
200900106
Phase
and four utility line
crossings
-201f P intermittent
-21 if T perennial
-591f T perennial
-391f T intermittent
mitigation
WQC
Project #:
I & II
1D -201f P perennial
-391f T intermittent
1,390 if
20051986,
2D -201f P perennial
0.012 ac P wetland
stream
Ver. 3
August 18, 2010
3D -20 if P intermittent
0.009 ac T wetland
0.009 ac T wetland
channel
Modification
4U -21 if T perennial
preservation —
5U -391f T intermittent
recorded
6U- 0.009 ac T wetland
12121110
Individual
1 -20 if stream
Permit
restoration
Modification
September 27,
compensatory
Revision
2011
mitigation -
AID #
Modification requested
paid 10/21/11
200900106
Phase
to propose revised
no change from
no change from
WQC
I & II
compensatory
previous
previous
2 -401f stream
Project #:
mitigation schedule
restoration
2005 986,
September 30,
com ensato
try
mitigation
Modification
2011
prior to
P
- Revised
impact
P = permanent; T = temporary; if = linear feet; ac = acre; italics = impact/mitigation completed; MR = mitigation not required; D =
driveway crossing; U = utility crossing(s); R = road crossing

Table 1: Legend Oaks Subdivision Permit History/Impact Summary
Permit &
ID Number
Date
Project
Phase
Description
Permit/Modificatio
n Impact Totals
Project
History Totals
Mitigation
Required
Compensatory
Modification requested
Mitigation
to revise road crossing
impact amounts
1 — 691f
requiring mitigation
stream
and propose revised
restoration
compensatory
2 — 901f
mitigation schedule
stream
restoration
Three previously
3 —93 if
permitted road
stream
Current
crossings revised and
restoration
Request for
October 3, 2012
Phase
reordered
no change from
no change from
Modification
III
previous
previous
Preservation
Revision
1 R -61f T, 691f P & 33
If P MNR perennial
Phase III -1 —
(S3 -Inset C)
5741f stream
& riparian
2R -31 if T, 901f P &
buffer
591f P MNR perennial
(S 1 -Inset A)
Phase III -2 —
4991f stream
3R -321f T, 93 If P &
& riparian
321f P MNR perennial
buffer
(S2 -Inset B)
Phase III -3 —
riparian buffer
P = permanent; T = temporary; if = linear feet; ac = acre; italics = impact/mitigation completed; MR = mitigation not required; D =
driveway crossing; U = utility crossing(s); R = road crossing

CULVERT
y
r
3d 5op OR 2dMAX
T.5 MIN.
DISSIPATOR POOL
10% OR 3W„ MIN.
TOP OF BERM
TOP OF RIPRA
Lj DEPTH OF RIP —RAP
2 x d50 or
1.5 x dmax.
DEPTH OF RIP —RAP
2 x d50 or
1.5 x dmax.
C/L SECTION
APRON
5hs or V1b MIN.
NOTE A
NOTE
DEPTH OF RIP —RAP
(APRON)
2 x d50 or
1.5 x dmax.
I
TOP OF NATURAL
THICKENED OR SLOPING
TOE OPTIONAL — CONSTRUCT
IF DOWNSTREAM CHANNEL
DEGRADATION IS ANTICIPATED.
I
HALF PLAN
SEC. A -A
uQmm N7 nQwulRGU
TO SUPPORT RIPRAP
Utrin Ur rar —K;W nAU
2d50 OR
1.5 dMAX
SFr. R -R
NOTE B
DIAMETER FOR
PIPE CULVERT
BARREL WIDTH
-OR BOX CULVERT
SPAN OF PIPE —ARCH
'ULVERT
Z2
STREAM ELEVATION�j•"
r
i��,��Ii�•y�riIi •���Ii •��•Ii •i�•I�.
:7• imil • 7•
VOTE A — IF EXIT VELOCITY OF BASIN IS SPECIFIED, EXTEND BASIN
AS REQUIRED TO OBTAIN SUFFICIENT CROSS— SECTIONAL
AREA AT SECTION A —A THAT Qdes /CROSS SECTION AREA
AT SEC. A —A) = SPECIFIED EXIT VELOCITY. -
VOTE B — WARP BASIN TO CONFORM TO NATURAL STREAM CHANNEL.
TOP OF RIPRAP IN FLOOR OF BASIN SHOULD BE 1' -0"
LOWER THAN NATURAL CHANNEL BOTTOM AT
SEC. A —A
Wo
2
2d50 OR 1.5d MAX
SFr n -n
DIMENSIONS FOR HW1:
DEPTH OF POOL (hs) = 2.0'
LENGTH OF POOL = 24.0'
APRON LENGTH = 10.0'
OUTLET WIDTH = 8.0'
RIP —RAP DEPTH FOR APRON = 3.7'
RIP —RAP DEPTH REST OF BASIN = 2.7'
USE CLASS 2 RIP —RAP (d50 = 14 ") OVER
GEOTEXTILE FABRIC
DETAILS OF RIPRAPPED CULVERT ENERGY BASIN

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GRAPHIC SCALE SURFACE WATER & WETLAND IMPACT MAP N
I"= 50' LEGEND OAKS SUBDIVISION PHASE III
50' 0 50'
HPB PROPERTIES, LLC
CHAPEL HILL, CHATHAM COUNTY, NC
'••�N'•'• DATE: 10/01/12 SCALE: 1" = 50'
'W e : BURDETTE LAND CONSULTING INC. DRAWN BY: TMB CHWK D BY: JAB
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone (919) 841 - 9977 —Fax [phone] PROJECT #: 7145 INSET: A
S

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GRAPHIC SCALE SURFACE WATER & WETLAND IMPACT MAP N
V=50' LEGEND OAKS SUBDIVISION PHASE III
50' 0 50'
Lim" HPB PROPERTIES, LLC
CHAPEL HILL, CHATHAM COUNTY, NC
DATE: 10/01/I2 SCALE: I"= 50'
'W E BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone]— Fax [phone] PROJECT #: 7145 INSET: B
S

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GRAPHIC SCALE SURFACE WATER & WETLAND IMPACT MAP N
1" = 50' LEGEND OAKS SUBDIVISION PHASE III
50, 0 50,
HPB PROPERTIES, LLC
CHAPEL HILL, CHATHAM COUNTY, NC
'•••N•••• DATE: 10/01/12 SCALE: V = 50'
`W E•3 BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone]— Fax [phone] PROJECT #: 7145 INSET: C
S

PO BOX 2077
APEX, NC 27502
TELEPHONE [phone]
FACSIMILE 919 389.1477
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Mitigation Credit Reservation Confirmation Letter
October 1, 2012
NC Division of Water Quality
401 Oversight /Express Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Statement of Availability
U.S. Army Corps of Engineers
CESAW -RG -R
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re: Reservation of Compensatory Stream Mitigation Credits
Project: HBP Properties, LLC — Phase 3: Legend Oaks Subdivision
Corps AID #: 200900106
DWQ Proj #: 20051986
This document confirms that HBP Properties, LLC (Applicant) has reserved for purchase 243
stream mitigation credits from the Cripple Creek Stream & Wetland Mitigation Bank.
Restoration Systems (RS) attests to the fact that 252 stream mitigation credits are currently
available for immediate transfer from its Official Bank Credit Ledger to Applicant and that as of
this date RS has placed 252 stream mitigation credits into "no- sale " - reservation status under
the name of the project referenced on this document (Project). RS understands that the
Applicant will implement the permitted in three phases and will transfer mitigation credits
accordingly. It is anticipated that transferred amounts will be 69 credits, 90 credits and 93
credits for a total of 252 credits transferred.
These 252 stream credits will remain in reservation status until payment in full is received from
the Applicant, resulting in the issuance of a Credit Transfer Certificate(s) (as described above)
by RS acknowledging that the applicant has fully secured credits from the bank and RS has
HBP Pmpettms, LLC — Legend Oaks Phase 3 — ConVensatory W igatwn — RS— Page 1

accepted full responsibility for the mitigation obligation requiring the credits. If RS does not
receive payment in full for the Mitigation Credits within thirty (30) prior to the initiation of
Project construction, RS has the right to terminate this Reservation Letter, in which case RS will
have no further obligation to provide mitigation credits to the Applicant.
RS will issue the Transfer Certificate within ten (10) days of receipt of the Purchase Price. RS
shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit
Ledger showing the permit number and the resource type secured by the applicant, and will
send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory
agencies showing the proper documentation.
If any questions need to be answered, please contact me at 919 - 334 -9119
Best regards,
%aaa Diay rme"
Tara Disy Allden
Regulatory Manager
Restoration Systems, LLC
HBP Properties, LLC — Legend Oaks Phase 3 — Congrcasatory Mitigation— RS —Page 2

Reference to the Department of Army Corp of Engineers 33 CFR Parts 332 and Environmental
Protection Agency 40 CFR Part 230 Compensatory Mitigation for Losses of Aquatic Resources:
the Final Rule.
• 332.8 Section (R) Use of Credits: the district engineer will determine the number and
type of credits required to compensate for the authorized impacts, the sponsor must
provide the permit applicant with at statement of credit availability. (this is the
Reservation Letter)
• Section (1)(3)If use of a mitigation bank or in -lieu fee program is approved by the district
engineer to provide part or all of the required mitigation for a DA permit, the Permittee
retains the responsibility for providing the compensatory mitigation until the
appropriate number and resource type of credits have been secured from the sponsor
and the district engineer has received documentation that confirms that the sponsor
has accepted the responsibility for providing the required compensatory mitigation. This
documentation must consist of a letter or form signed by the sponsor, with the permit
number and a statement indicating the number and resource type of credits that have
been secured from the sponsor. (this is the Transfer Certificate)
• 332.3: (K) Permit Conditions: the compensatory mitigation requirements for a DA
permit, including the amount and type of compensatory mitigation must be clearly
stated in the special conditions of the individual permit or general permit
verification. The special conditions must be enforceable.
HBP Pmpertm, LLC — Legend Oaks Phase 3 — Compensatory Mitigation — RS —Page 3

•''•N "•• DATE: 09/07/10 SCALE: 1" = 500'
:'W a BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'DBY: JAB
10212 Creedmoor Road - Raleigh, North Carolma 27615
.1 J Telephone [phone]— Fax [phone] PROJECT #: 7145 FIGURE #: 8B
S
"CONSERVATION AREAS SHALL BE MAINTAINED IN THEIR NATURAL
STATE IN PERPETUITY AS DESCRIBED IN THE DECLARATION OF
COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR LEGEND
aft c.arwaa, ��a e a�
OAKS SUBDIVISION TO COMPLY WITH THE MITIGATION CONDITIONS OF
TOON)RARY PAVED --° "
A CLEAN WATER ACT AUTHORIZATION ISSUED BY THE UNITED STATES
®j
f
OF AMERICA, US ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT,
ACTION ID SAW 2009 - 00106, AND THEREFORE MAY BE ENFORCED BY THE
_
UNITED STATES OF AMERICA."
STR
ET "B"
_ t
TR EA
TEMPORARY
•
'_�::_ :. - �, ( 1 ' � STREAM -B TURMAR"D
,Rn t1QN- :, _- LF P CS VAT 0 ti
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vivo-
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CONSER ATION AREA �► -r
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102 LF PR SERVATI0M I - 111VER � V 'T _x
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wi� : ...sF cr - U_ "LAS —y
N
I
I
GRAPHIC SCALE
DRAFT STREAM PRESERVATION MAP
N
1° = 400'
LEGEND OAKS SUBDIVISION PHASE III
400'
0 400'
HPB PROPERTIES, LLC
CHAPEL HILL, CHATHAM COUNTY, NC
•''•N "•• DATE: 09/07/10 SCALE: 1" = 500'
:'W a BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'DBY: JAB
10212 Creedmoor Road - Raleigh, North Carolma 27615
.1 J Telephone [phone]— Fax [phone] PROJECT #: 7145 FIGURE #: 8B
S