20200504 Ver 2_More Information Received_20220116

Strickland, Bev
From: Kevin Martin <[e-mail]>
Sent: Sunday, January 16, 2022 7:55 AM
To: Cohn, Colleen M
Cc: Goss, Stephanie
Subject: [External] RE: The Pointe at Town Center v2
Attachments: Corps email regardinging intent to issue NWP 29.pdf; 20-0504 The Point at Towne
Center_401_Wake.pdf; 20-0504 The Point at Towne Center_NBR_Wake.pdf
Importance: High
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Colleen, you are right this one is confusing, I thought Stephanie was still handling this one
based on the email below.
The project originally requested as a 29 but Stephanie issued a GC for 14 and a buffer
authorization after the request for more info was satisfactorily addressed because at the time
the Corps was not authorizing 29's (copy attached). Because a NWP was more favorable for
the client, the NWP 14 would expire March 2022, and after discussions with Stephanie it was
determined that we should resubmit for the 29 since she could no longer authorize a GC for 29
under the old cert, so we did. The Corps never issued an nationwide permit for the original
PCN and is reviewing the new request for 29 (see attached email from the Corps that
Stephanie was copied on but you were not). Let me know if you have additional questions, I
hope this clarifies things some.
From: Goss, Stephanie [mailto:[e-mail]]
Sent: Tuesday, November 16, 2021 3:24 PM
To: Kevin Martin <[e-mail]>
Subject: RE: [External] RE: The Pointe at Town Center: DWR Project # 20200504, Corps SAW-2020-00674
Kevin,
Effective October 21, 2021 the pre -filing meeting requests are no longer required before a pcn is submitted. I have
already reviewed the application and if you submit it asap then then we do have to wait the 30 days for the public notice
to end then I can go from there.
Stephanie Z. Goss
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
919-791-4256
Kevin C. Martin
Principal
i

Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
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From: Cohn, Colleen M [mailto:[e-mail]]
Sent: Friday, January 14, 2022 5:12 PM
To: Kevin Martin <[e-mail]>
Subject: The Pointe at Town Center v2
Hi Kevin,
I'm reviewing Version 2 of this project that was submitted in November, and I'm a little confused. My understanding is
that V1 was originally submitted as a NWP 14, then USACE and/or DWR asked for more information. Once the new
information was received, the USACE looked to verify under NWP 29, which in turn required a new submittal to DWR.
USACE is still reviewing under the original submission, updated with the new PCN. Is this correct?
Do you have a copy of the original request for additional information that was submitted with Version 1? If so, could you
please forward it to me?
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
2

Kevin Martin
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, January 4, 2022 10:58 AM
To: Kevin Martin; [e-mail]
Cc: Goss, Stephanie
Subject: NWP 29 / The Pointe at Town Center / Raleigh / Wake County / SAW-2020-00674
Mr. Martin and Mr. Tipton,
This e mail serves to notify you that your proposed work may be authorized by the above referenced general
permit provided a 401 Certification is issued or waived. Once a 401 Certification is issued or waived, the Corps
will provide you with a final general permit verification. Your proposed work shall not commence until after
the 401 Certification has been issued or waived AND until a final general permit verification has been
provided to you. Additional special conditions may be added to the final general permit verification.
Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers
regulatory program.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this
site and complete the survey.
1

DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
November 10, 2021
NORTH CAROLINA
Environmental Quality
DWR # 20200504
Wake County
Triangle Town Center Holding, LLC
Attn: Mark Tipton
2013 Rolling Rock Road
Wake Forest, NC 27587
(via email [e-mail])
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
The Pointe at Town Center
Dear Mr. Tipton:
You have our approval for the impacts listed below for the purpose described in your application dated
April 13, 2020, received by the Division of Water Resources (Division) April 13, 2020, and payment
received April 15, 2020, with additional information received on September 13, 2021. These impacts are
covered by the attached Water Quality General Certification Number 4135. This certification is
associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps
of Engineers. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount
Approved (units)
Permanent
Amount
Approved (units)
Temporary
404/401 Wetland
W1: Road/Driveway Crossing
0.021 (acres)
0 (acres)
Stream
S 1: Road Crossing
145 (linear feet)
0 (linear feet)
S2: Road Crossing -Rip Rap
20 (linear feet)
0 (linear feet)
S3: Road Crossing -Coffer Dam
0 (linear feet)
20 (linear feet)
S4: Road Crossing
75 (linear feet)
0 (linear feet)
S5: Road Crossing Temporary Construction Access
0 (linear feet)
30 (linear feet)
£ D_E
NORTH CAROLINA Department of Environmental Ouali\ e/
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
The Pointe at Town Center
DWR# 20200504
401 Certification
Page 2 of 2
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Certification. If you change your project, you
must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or [e-mail] if
you have any questions or concerns.
Sincerely,
Sit rDocuSigned by:
i 41,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4135
cc: Kevin Martin, Soil & Environmental Consultants, PA (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch electronic file

DocuSign Envelope ID: 1 E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
November 10, 2021
NORTH CAROLINA
Environmental Quality
Triangle Town Center Holding, LLC
Attn: Mark Tipton
2013 Rolling Rock Road
Wake Forest, NC 27587
(via email [e-mail])
DWR # 20200504
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
The Pointe at Town Center
Dear Mr. Tipton:
You have our approval for the impacts listed below for the purpose described in your application dated
April 13, 2020, received by the Division of Water Resources (Division) April 13, 2020, and payment
received April 15, 2020, with additional information received on October 6, 2021. These impacts are
covered by the Neuse River Buffer Rules and the conditions listed below. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations. This Authorization shall expire five (5) years from the date of this letter.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Buffers — Zone 1
B1: Crossing/Culvert/ Bridge
9,550 (square feet)
0 (square feet)
B2: Crossing/Culvert/ Bridge
7,400 (square feet)
0 (square feet)
B3: Utility Lines
1,250 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Crossing/Culvert/ Bridge
6,350 (square feet)
0 (square feet)
B2: Crossing/Culvert/ Bridge
5,400 (square feet)
0 (square feet)
B3: Utility Lines
950 (square feet)
0 (square feet)
D_E
NORTH CAROLINA Department of Environmental Ouali\ e/
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
The Pointe at Town Center
DWR# 20200504
Buffer Authorization Certificate
Page 2 of 3
Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received a Statement of Availability letter from Wildlands Holdings V, LLC and the North Fork Little
River Nutrient Offset & Buffer Bank to meet this mitigation requirement located in HUC 03020201.
Until Wildlands Holdings V, LLC receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes,
this Certification authorizes payment to Wildlands Holdings V, LLC to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor
River & Sub -basin
Number
Buffer -Zone 1
28,650 (square feet)
Wildlands Holding V, LLC
Neuse: 03020201-Upper
Falls Watershed
Buffer -Zone 2
9,525 (square feet)
Wildlands Holding V, LLC
Neuse: 03020201-Upper
Falls Watershed
Total:
38,175 (square feet)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:

DocuSign Envelope ID: 1E4EC859-80F0-42DA-BE5C-B7BB7BE7E483
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
The Pointe at Town Center
DWR# 20200504
Buffer Authorization Certificate
Page 3 of 3
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
c
t'L)
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Kevin Martin, Soil & Environmental Consultants, PA (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting via Laserfiche