20051986 Ver 5_USACE Correspondence_20121024

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
Regulatory Division/1145b
Action ID SAW- 2009 -00106
Mr H Brantley Powell
HBP Properties, LLC
Post Office Box 5365
Cary, North Carolina 27512
Dear Mr Powell
October 22, 2012
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Reference the Department of the Army (DA) permit issued to you on May 21, 2009,
which authorized total permanent impacts to 376 linear feet of perennial streams and
0 006 acre of wetlands, and temporary impacts to 38 linear feet of stream associated with
Phase III of the Legend Oaks Subdivision Also reference two previously approved
modifications to this permit in 2010 and 2011 The project site is located at the end of
the existing phase of the subdivision, north of Lystra Road and east of US Highway
151501 near Chapel Hill, in Chatham County, North Carolina The site is found at
Latitude and Longitude in Decimal Degrees of 35 8422 °N and -79 0721 °W All waters
drain to Cub Creek in the Cape Fear River Basin
Reference is also made to your letter of October 3, 2012, requesting another
modification to the existing DA permit referenced above Specifically, you have
requested a change in mitigation amounts due to an amended construction method for the
permitted dissipation structures If constructed as proposed they will mimic natural
channel design and will not result in a loss ofjurisdictional water, therefore not requiring
compensatory mitigation In addition, you have also requested an additional phasing of
impacts and mitigation to Phase III of the subdivision These Phases are identified on
your October 2012 proposal At this time, you wish to pursue impacts, and mitigation,
for Phase III -1 of Legend Oaks
We have completed our evaluation of your request and concur with your request for
a change in mitigation amounts due to new dissipation plans, and for the phased
mitigation as described above Please be aware that phasing your project in this manner
prohibits construction in jurisdictional areas for Phase III -2 and Phase III -3 until you
have requested, and the Corps approved in writing, additional permit modifications
These additional modifications will include the specified compensatory mitigation for
each respective Phase
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OCT 2 4��5�
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The following Special Condition is now in effect regarding Phase III -1
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
Permittee shall execute and cause to be recorded in the Chatham County Register of
Deeds restrictive covenants acceptable to the Corps of Engineers for Legend Oaks
Phase III -1 as described in your letter (from Jennifer Burdette, Burdette Land
Consulting, authorized agent, copies of maps enclosed with this correspondence) dated
October 3, 2012, for the purpose of maintaining the conservation areas, 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 provide a copy of the recorded restrictive covenants to
the Corps of Engineers within 30 days of recording
Once again, we have completed our evaluation of your request and concur with your
request for a change to the mitigation amounts and phasing associated with your
referenced DA permit It is understood that all other conditions of the permit, including
the permit expiration date, remain applicable Should you have questions, contact Mr
Monte Matthews, Raleigh Regulatory Field Office at telephone [phone],
Extension 30
0
Enclosures
Sincerely,
Steven A Baker
Colonel, U S Army
District Commander
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to
Copy Furnished (w /o enclosures)
Mr Ian McMillan, NCDWQ
1650 Mail Service Center
Raleigh, NC 27604
Copy Furnished (w /enclosures)
Ms Jennifer Burdette
Burdette Land Consulting
10212 Creedmoor Road
Raleigh, NC 27615
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