20211142 Ver 1_ePCN Application_20210722

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211142
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Glen at Cool Springs
la. Who is the Primary Contact?*
Matt Michel
1b. Primary Contact Email:*
matt. [e-mail]
Date Submitted
7/22/2021
Nearest Body of Water
Patterson Creek
Basin
Cape Fear
Water Classification
WS-IV
Site Coordinates
Latitude: Longitude:
35.493980-79.235069
A. Processing Information
County (or Counties) where the project is located:
Lee
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
Version
Pre -fling Meeting or Request Date
5/21/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
2021.05.21_DWR Pre -Filing Request Submitted.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
278.83KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner fJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Forbes Forest Land Property Management LLC
2b. Deed book and page no.:
Book 1511, page 36
2c. Contact Person:
Harry Forbes
r Yes r No
r Yes r No

2d.Address
Street Address
1605 Valley Road
Address tine 2
City
Sanford
Postal / Zip Code
27330
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Dan Koeller
3b. Business Name:
Foxfield Atlantic Coast, LLC
3c.Address
Street Address
1106 Dominion Hill Drive
Address tine 2
Cty
Cary
Postal / Zip Code
27519
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Matt Michel
4b. Business Name:
Timmons Group
4c.Address
Street Address
428 Eastwood Road
Address tine 2
city
Wilmington
Postal / Zip (ode
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Sanford
2. Project Identification
State / Rmince / Fbgion
North Carolina
Country
USA
2f. Fax Number:
State / Rmince / Region
North Carolina
Country
USA
3e. Fax Number:
State / Rmince / Region
North Carolina
Country
USA
4e. Fax Number:

2a. Property Identification Number:
963304281100
2b. Property size:
55.34
2c. Project Address
Street Address
0 Cool Springs Road
Address tine 2
CKY
Sanford
Postal / Zip Code
27330
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Patterson Creek
3b. Water Resources Classification of nearest receiving water:*
WS-N
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300030607
4. Project Description and History
State / Province / Iagion
North Carolina
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project Site consists of approximately 55.34 acres located at 0 Cool Springs Road in Sanford, North Carolina within Lee County. The project Site is bound by residential
development to the north, east, and south, by Cool Springs Road to the east, and by mixed hardwood and pine forests to the vest. The Site is comprised of mixed hardwood and pine
forests.
The proposed residential development will consist of 131 single-family homes, stormwater control measures, utility improvements (i.e. public water supply and sanitary sewer alignment),
and other amenities (i.e. open space).
A delineation of the Site was completed by Timmons Group on June 12, 2020. A Jurisdictional Determination, SAW-2020-01161, was received on September 3, 2020 confirming the
boundaries utilized for avoidance and minimization during project planning.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.98
4g. List the total estimated linear feet of all existing streams on the property:
1,261
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a residential development within Sanford with community cohesion and the necessary amenities, within central Lee County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed residential development is a single -phased residential development project that is located at 0 Cool Springs Road in Sanford, North Carolina within Lee County.
The project will include 131 single-family homes, and other associated amenities, including stormwater control measures and utility improvements.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No C Unknown
Comments:
Delineated by Timmons Group
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-01161
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Sydni Law and Kate Hefner
Agency/Consultant Company: Timmons Group

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination was received from James Lastinger of the USACE on September 3, 2020.
6. Future Project Plans
6a. Is this a phased project?*
r Yes R No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used. All project impacts are being accounted for in this permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries ❑ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
Reason (?)
r
2b. Impact type * M
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition(')]2g.
Impact
area*
1
psed road
F
P
Headwater Forest
B
No
Corps
0.070
ension and grading
(acres)
2
Grading
t
Headwater Forest
C
�N.
Corps J0.01
1
(acres)
3
Retaining wall and
P
Headwater Forest
E
No
Corps
0.013
grading
(acres)
3
Retaining wall and
T
Headwater Forest
E
No
Corps
0.003
grading
(acres)
Rip rap
P
Headwater Forest
A
Yes
Corps
0.004
(acres)
4
Retaining wall and
T
Headwater Forest
A
Yes
Corps
0.060
grading
(acres)
5
Grading
P
Headwater Forest
A
Yes
Corps
0.126
(acres)
5
Culvert
T
Headwater Forest
A
Yes
Corps
0.008
(acres)
2g. Total Temporary Wetland Impact
0.071
2g. Total Wetland Impact
0.295
2i. Comments:
2g. Total Permanent Wetland Impact
0.224
Site #1 (Impact Number 1) consist of 3,046-sq. ft. of permanent wetland impacts necessary for road construction and grading associated to the road
construction.
Site #2 (Impact Number 2) consists of 498-sq. ft. of permanent wetland impact for lot grading. The lot grading is required in order to achieve the
number of lots necessary to make this project viable. Lots were removed where possible to further reduce impacts.
Site #3 (Impact Number 3) consist of 575-sq. ft. of permanent wetland impacts and 115-sq. ft. of temporary wetland impacts for the installation of a
retaining wall to protect and stabilize the lots and adjacent wetlands from erosion. The impacts also include lot grading, which will occur adjacent to the
retaining wall within the western portion of the site. The lot grading is required in order to achieve the number of lots necessary to make this project
viable and to provide stability around the retaining wall. Lots were removed where possible to further reduce impacts
Site #4 (Impact Number 4) consists of 183-sq. ft. of permanent wetland impacts in order to install a rip rap segment connecting to a 36" Reinforced
Concrete Pipe (RCP) culvert. The culvert has been included to maintain hydrologic connection across the wetland and will allow off -site water to
continue to pass through to Wetland A. Site #4 (Impact Number 4) will also consist of 2,622-sq. ft. of temporary wetland impacts associated with the
installation of a retaining wall to protect and stabilize the lots and adjacent wetlands from erosion. The impacts are also associated with lot grading,
which will occur adjacent to the retaining wall within the western portion of the site. The lot grading is required in order to achieve the number of lots
necessary to make this project viable and to provide stability around the retaining wall. Lots were removed where possible to further reduce impacts.
Impacted areas will be stabilized and re -seeded immediately following installation.
Site #5 (Impact Number 5) consists of 5,479-sq. ft. of permanent wetland impacts necessary for lot grading, sanitary sewer e)dension, and the
installation of a 36" RCP culvert to maintain hydrologic connection across the wetland. The lot grading is required in order to achieve the number of
lots necessary to make this project viable. Lots were removed where possible to further reduce impacts.
Site #5 (Impact Number 5) also consists of 359-sq. ft. of temporary wetland impacts associated with the installation of a 36" RCP culvert. The culvert
has been included to maintain hydrologic connection across the wetland. Impacted areas will be stabilized and re -seeded immediately following
installation.
3. Stream Impacts

F
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Road crossing
Permanent
Culvert IF
-
Intermittent
Both
Average (feet)
128
(linearfeet)
S2
RipRap
Permanent
Rip Rap Fill JF
Intermittent
Both
2Average (fee)
24nearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
152
31. Total stream and ditch impacts:
152
31. Total temporary stream impacts:
3j. Comments:
Impact S1 consists of permanent stream impacts associated with the installation of a 36" reinforced concrete pipe (RCP) culvert to allow for a road
crossing. The impact is necessary to connect the eastern side of the Site to the western side of the Site with a road. The proposed culvert will be
countersunk beneath the road crossing to maintain the upstream and downstream hydrologic connection of the streams.
Impact S2 consists of permanent -no loss impacts associated With the installation of rip rap at the culvert outlet. Riprap will be keyed into the stream
bed to avoid permanent stream bed impacts.
E. Impact Justification and Mitigation V
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
For this project, retaining walls and steep slopes were used as much as possible in order to reduce stream and wetland impacts. Culverts have been
proposed in certain areas to maintain hydrologic connection between features and avoid indirect losses of wetlands. Stream crossings were designed
to avoid sinuous portions of the streambed and to cross the stream at as much of a 90-degree angle as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with
the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013)
and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall
install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install
devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case
less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is
required and Will be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken
to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back
fill Will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
r No
2c. If yes, mitigation is required by (check all that apply):
W DWR
W Corps
2d. If yes, which mitigation option(s) will be used for this project?
F Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.224

4f. Non -riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
We are proposing 0.224 acres of mitigation for this project to offset the 0.224 acres of permanent wetland impacts. We are not proposing mitigation
for any other impacts. Wetlands with temporary impacts will be re -seeded and allowed to grow to close to natural, pre-eAsting conditions. Total
permanent streambed impacts fall under the 0.03 acre threshold for mitigation.
We are not proposing any mitigation for indirect impacts. For Wetland Impact 4, we are proposing a drainage pipe to provide off -site water to the
wetland to maintain existing water inputs. For Wetland Impact 5, we are proposing a wetland culvert to maintain hydrologic connectivity between the
two post -construction portions of Wetland A.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
C Yes
r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes
r No
If no, explain why:
The proposed project is located within the Cape Fear River Basin and not within a river basin or area subject to the NC Riparian Buffer Protection Rules or any additional municipality -
enforced riparian buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SNIP) reviewed and approved under a state Stormwater program or state -approved local government Stormwater
program?
r Yes r^ No
r' N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
r Phase II r NSW r USMP P Water Supply
Please identify which local government stormwater program you are using.
Local Water Supply Protection Program
Comments:
The Town of Sanford does not have a local program for stormwater. The Town of Sanford's watershed administrator will be reviewing the special intensity allocation request for
increased impervious area.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
U
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes
r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r' Yes
r No
3b. If you answered "no," provide a short narrative description.

This is a single phased project and this permit is to provide impacts for the overall development of the project. The project will be completed with
appropriate land use control measures in place for specific areas which require them.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A USFWS IPaC Report and NC Natural Heritage Program (NHP) Database Report were utilized for review of potential protected species in the vicinity
of the project Site. Species identified by IPaC as potentially occurring in the vicinity of the Site include the Cape Fear shiner and Harperella.
Additionally, the NCNHP report did not identify occurrences of federally listed species within the project limits or a 1-mile radius.
Occurrences of the aforementioned project species were not observed during Site inspections. Thus, it is the opinion of Timmons Group that this
project will have no effect on federally protected species or their habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes f No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A search of the North Carolina Natural Heritage Preservation Offiice's online database (HPOWEB) revealed 8 historical resources as occurring within a
1-mile radius of the proposed project limits. No historical places were listed within or in the immediate vicinity of the Site's boundaries. Three Study
Listed resources were listed within a 1-mile radius of the project Site. SL LE0608, Cool Springs Baptist Church Cemetery is located approAmately
0.17-miles southeast of the Site, SL LE0198, John J. Gilmore House, is located approAmately 0.26-miles south of the Site, and SL LE0121, Baker
House, is located approbmately 0.98- miles northwest of the Site. In addition, 5 Survey Only sites were also identified within a 1-mile radius of the
project Site. While historic sites listed as SO have not yet been deemed eligible for listing and can be deemed eligible in the future following further
reviewfrom the State Historic Preservation Office (SHPO), the nearest undetermined SO site is located approbmately 0.12-miles north of the Site.
Thus, it is the opinion of Timmons Group that this project Will not have any effect on significant Cultural Resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
According to FEMA Flood Insurance Rate Panels #3710962300J and 3710963300J (effective date 09/06/2006), the majority of the Site and
associated jurisdictional impacts are located within Zone X, areas located outside of the 100-year floodplain.
A small portion of the western side of the Site is located within Zone AE, portions of the 100-year floodplain, with base flood elevations ranging from
288.9 to 291.4 feet above mean sea level. No impacts to jurisdictional features are proposed within Zone AE.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM #3710962300J and 3710963300J (effective date 09/06/2006).

Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
dick the upload button or drag and drop files here to attach document
2021.07.22_Glen at Cool Springs PCN Attachment.pdf 9.71 MB
File rrust be FOF a K,&
Comments
Signature u
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Matt Michel
Signature
Date
7/22/2021

5410 Trinity Road P 919.866.4951
T I M M O N S GROUP Suite 102 IFAwtim 9.5663
Raleigh, NC 27607 wuwvtimmons.com
July 22, 2021
Lyle Phillips
U.S. Army Corps of Engineers — Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Rick Trone
401 & Buffer Permitting Branch
NCDEQ — Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27609
Re: Electronic Pre -Construction Notification Attachments
Glen at Cool Springs
Sanford, Lee County,
North Carolina
Project No.: 46018
Dear Mr. Phillips and Mr. Trone,
On behalf of Foxfield Atlantic Coast, LLC, we are providing additional attachments and information
to aid in the review of the electronic Pre -Construction Notification of the Glen at Cool Springs, an
approximately 55.34-acre site located off Cool Springs Road in Sanford, North Carolina, within
Lee County (the Site).
Please review the below attachments and contact Matt Michel at [phone] or
matt.michel(cDtimmons.com if additional information is required.
Sincerely,
Timmons Group
Morgan Gilbert
Environmental Technician
Matt Michel, PWS, PhD
Senior Environmental Scientist
ENGINEERING I DESIGN I TECHNOLOGY

Enclosures
ATTACHMENTS
Appendix A
Agent Authorization
Appendix B
Vicinity Map
Appendix C
NRCS Soil Survey Map
Appendix D
Preliminary Jurisdictional Determination
Appendix E
Environmental Impacts Set
Appendix F
Mitigation Letter
Appendix G
IPaC Report
Appendix H
NCNHP Report
Appendix I
SHPO Map and List

Appendix A: Agent Authorization

TIMMONS GROUP
Vnf)R viuow 4�..NrFVFh rw A4NorN n1rpC
AGEN'TAUTHORIZATION and
PROPERTY OWNER CERTIFICATION FORM
The Department of the Amy
NCDEQ — Division of %eater Rcsuurccs
USAmty Corps of Engineers
401 k Buffer Permitting Unit
tWilmington District
1650 %fail Service Center
PO Box 1890
Raleigh, NC 27699-1650
Wilmington, NC 29402-1890
To 147tom It May Cortecrn:
1, the umdenigned- a duly authorized owner of record of the propertyrprop mies identified herein. do
audwrize represent itiv s of the 1Vihnington District, US, Army Corps of Engineers (Corps) to enter upon
the prupeny herein dcseribed for the purpose or conducting on -site investigations and issuing a
dewiminatiun associated with waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act andror Section 10 of the Rivers and Harbors Act of 1999.
This the day of _ 2020.
(nmtwber) (Month► (Year!
This notification supersedes any previous correspondence conceiving the agent for this projact.
Project Name: _Brownstone Location_ - 4.wford. North Carolina
PropertyOwner's Name (Print): FOR aES Fbv,53T- .aswnl PRO�C
Property Owner'rt Signature:_ tiN G�mr44 •C
Property Onn,,C,' \failin A 1J-_-.
Property 0w9u'y'feleph",.'7��—�f�7D'dSYGfirNo.R���
Prapcny Owner's Email Arfdre LO
as
at
A

Appendix B: Vicinity Map

Path: Y:\805\46018 - Brownstone\GIS\46018-JD-VIC.mxd
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Site Limits
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Site limits are approximate.
Topographic imagery from USGS. ti rl �.• " t:
0 3,000 6,000 9,000 12,000 : L
Feet �.
BROWNSTONE TIMMONS GROUP
LEE COUNTY, NORTH CAROLINA
FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER: 46018 U.S.G.S. QUADRANGLE(S): SANFORD
PROJECT STUDY LIMITS: 55.34 ACRES DATE(S): 2016
LATITUDE: 35.493980 WATERSHED(S): DEEP (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.235069 UTM:17S 660087 3929257 HYDROLOGIC UNIT CODE(S): 03030003
these plans and associated documents are the exclusive property ot IMMUN6 GROUP and may not pie reproduced In w o e or In part and snan not pie used for any purpose w atsoever, Inc uslve, ut not
nited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

Appendix C: NRCS Soil Survey Map

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Soils from NRCS Soil Survey: Lee County (1989)
0 600 1,200 1.800 2.400+
Feet
BROWNSTONE TIMMONS GROUP �•���
LEE COUNTY, NORTH CAROLINA # %
FIGURE 5: NRCS MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER: 46018 U.S.G.S. QUADRANGLE(S): SANFORD
PROJECT STUDY LIMITS: 55.34 ACRES DATE(S): 2016
LATITUDE: 35.493980 WATERSHED(S): DEEP (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.235069 UTM:17S 6600873929257 HYDROLOGIC UNIT CODE(S): 03030003
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used For any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

Appendix D: Preliminary Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01161 County: Lee U.S.G.S. Quad: NC- Sanford
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Timmons Group
Lauren Norris -Heflin
Address: 5410 Trinity Road, suite 102
Raleigh, NC 27607
Telephone Number: 919-866-4943
E-mail: lau ren.norris-heflin()timmons.com
Size (acres) 55 Nearest Town Sanford
Nearest Waterway Patterson Creek River Basin Cape Fear
USGS HUC 03030003 Coordinates Latitude: 35.4939
Longitude:-79.2350
Location description: The project site is approximately 55 acres located adjacent to Cool Springs Road, near the town of
Sanford, Lee County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® 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 6/23/2020. 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.
❑ 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).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property 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 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.
❑ There are waters, including wetlandson the above described project area/property 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.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2020-01161
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or
James.C.Lastint!er(&usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 09/03/2020.
D. 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 jurisdictional determinations as indicated in B.
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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
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.**
Corps Regulatory Official:
Date of JD: 09/03/2020 Expiration Date of JD: Not applicable

SAW-2020-01161
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.mil/cm_apex/f?p=136:4:0
Copy furnished:
Property Owner:
Harvey Forbes
Address: 1605 Valley Road
Sanford, NC 27330
Telephone Number: 919-770-0552
E-mail: hforbes(&windstream.net

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
W; REQUEST FOR APPEAL
Applicant: Timmons Grou , Lauren Norris -Heflin File Number: SAW-2020-01161
Date: 09/03/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
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.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 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 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.
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 II 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 II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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 INFORMATION:
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. Phillip Shannin, Administrative Appeal Review Officer
Attn: James Lastinger
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
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 will have the opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington,
North Carolina 28403
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. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 09/03/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Timmons Group, Lauren Norris -Heflin, 5410
Trinity Road, suite 102, Raleigh, NC 27607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Brownstone site/Sanford/Lee
County, SAW-2020-01161
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 55
acres located adjacent to Cool Springs Road, near the town of Sanford, Lee County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Lee City: Sanford
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.4939 Longitude:-79.2350
Universal Transverse Mercator:
Name of nearest waterbody: Patterson Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): August 25, 2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
WA
35.4943
-79.2385
0.55 acre
Wetland
Section 404
WB
35.4942
-79.2341
0.07 acre
Wetland
Section 404
WC
35.4943
-79.2327
0.08 acre
Wetland
Section 404
WD
35.4944
-79.2330
0.01 acre
Wetland
Section 404
WE
35.4942
-79.2301
0.27 acre
Wetland
Section 404
SF
35.4930
-79.2391
1,204 LF
Non -wetland
Section 404
SG
35.4936
-79.2397
57 LF
Non -wetland
Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: see attached dated 6/23/2020
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data:
® USGS 8 and 12 digit HUC maps: 030300030607
® U.S. Geological Survey map(s). Cite scale & quad name: Sanford Quad
®Natural Resources Conservation Service Soil Survey. Citation: Lee County, 1989
® National wetlands inventory map(s). Cite name: USFWS NWI 2018
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: NC FIRM maps
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): NC OneMap 2017
or ® Other (Name & Date): site photos dated July 2020
❑ Previous detennination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later Jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
09/03/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.

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Appendix F: Mitigation Letter

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Dan Koeller
Foxfield Atlantic Coast, LLC
1106 Dominion Hill Drive
Cary, NC 27519
Project: Glen at Cool Springs
NORTH CAROLINA
Environmental Quality
July21, 2021
Expiration of Acceptance: 1/21/2022
County: Lee
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030003
Riparian Wetland
0.224
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
Ax��_&�
FOR James. B Stanfill
Asset Management Supervisor
cc: Matt Michel, agent
D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services
P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
�+oRrw crww.i+va i
daft /'� 919.707.8976

Appendix G: IPaC Report

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-1468
Event Code: 04EN2000-2021-E-03320
Project Name: Glen at Cool Springs
July 13, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

07/13/2021 Event Code: 04EN2000-2021-E-03320 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office atjohn—[e-mail].

07/13/2021 Event Code: 04EN2000-2021-E-03320
Attachment(s):
• Official Species List

07/13/2021 Event Code: 04EN2000-2021-E-03320
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

07/13/2021 Event Code: 04EN2000-2021-E-03320
Project Summary
Consultation Code: 04EN2000-2021-SLI-1468
Event Code: 04EN2000-2021-E-03320
Project Name: Glen at Cool Springs
Project Type: DEVELOPMENT
Project Description: Proposed residential development in Sanford, North Carolina.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)35.49351235,-79.23417346225618,14z
v3o r-
�Yrrrn:+r�� Vi�uf trr
�,Jlor, Rd
r
�4
:r
Counties: Lee County, North Carolina

07/13/2021 Event Code: 04EN2000-2021-E-03320 3
Endangered Species Act Species
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Fishes
NAME
STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6063
Flowering Plants
NAME STATUS
Harperella Ptilimnium nodosum Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3739
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

Appendix H: NCNHP Report

]I ■■■
■■ ■ NC DEPARTMENT OF
■■i■i NATURAL AND CULTURAL RESOURCES
July 13, 2021
Morgan Gilbert
Timmons Group
5410 Trinity Road
Raleigh, NC 27606
RE: Glen at Cool Springs
Dear Morgan Gilbert:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Wager Clark
Director, Division of land and Water Stewardship
NCNHDE-15110
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Dan Koeller
Foxfield Atlantic Coast, LLC
1106 Dominion Hill Drive
Cary, NC 27519
Project: Glen at Cool Springs
NORTH CAROLINA
Environmental Quality
July21, 2021
Expiration of Acceptance: 1/21/2022
County: Lee
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Cape Fear
03030003
Riparian Wetland
0.224
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
Ax��_&�
FOR James. B Stanfill
Asset Management Supervisor
cc: Matt Michel, agent
D Q'North Carolina Department of Environmental Quality I Division of Mitigation Services
P217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
�+oRrw crww.i+va i
daft /'� 919.707.8976

'61AF"0 1
Submission Completed
DWR Pre -Filing Meeting Request Form
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:
Is this a transportation project?*
Matt Michel
[e-mail]
Z .
NOR'f H LAROUNA
EnVlmnmentn! QuofUy
Forbes Forest Land Property Management LLC
Glen at Cool Springs
Lee
Street Address
1605 Valley Road
Address Line 2
City
Sanford
Postal / Zip Code
27330
Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Individual Permit
Shoreline Stabilization
Does this project have an existing project ID#?
Yes No
Yes No
State / Province / Region
NC
Country
USA
401 Water Quality Certification - Express
Modification
Do you know the name of the staff member you would like to request a meeting with?
No
Please give a brief project description below and include location information. *
This is for a proposed residential project in Sanford, NC within Lee County. The preliminary impact maps have not been
created, however it is anticipated that there will be both wetland and stream impacts.
The site has a PJD approval letter from James Lastinger, dated 09/03/2020.
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:
https://edocs.deq.nc.gov/Forms/Form/Submit 1 /2

'61AF"0 1
Submission Completed
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
1 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 *
1 11�4-( r w
Submittal Date 5/21/2021
https://edocs.deq.nc.gov/Forms/Form/Submit 2/2