20051986 Ver 6_Individual_20140515

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May 10, 2014
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MAY 1 5 2014
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Mr. Andy Williams Ms. Jennifer Burdette
US Army Corps of Engineers Wetlands, Buffers Compliance and Permitting Unit
Raleigh Regulatory Field Office NC Division of Water Quality
3331 Heritage Trade Drive, Suite 105 512 N. Salisbury Street
Wake Forest, NC 27587 Raleigh, NC 27604
Re Permit Modification
Legend Oaks Subdivision Phase 1,11 and III Chapel Hill, NC (Chatham County)
USACE Action ID# SAW-200900106
DWQ Project#• 20051986, Version 4
Dear Mr Williams and Ms Burdette
Legend Oaks is located approximately' /2 mile north of the intersection of US Hwy 15 -501 North
and Lystra Road in Chatham County The project has an individual permit and corresponding
WQC that are valid until December 31, 2019.
HBP Properties, LLC request modification of the permit to add an additional individual lot
driveway for Lot #5 in Phase I There have been previous permit modifications with the required
compensatory mitigation being executed for the project to date I have attached the proposed
additional impact map, overall Phase I and II map, previous permit modification request and
permits for reference I have also attached a letter from Mr. Powell that summarizes the history
and difficulty of the shared drive for lots 4 and 5 in Phase I
Please contact me if you need any additional information or have any questions
Sincerely,
Trenton D Stewart, PE
Arcadia Consulting Engineers, PLLC
PO Box 2077, Apex, NC 27539 Telephone [phone] Facsimile 919 363 -1477

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EVERGREEN UNITED METHODIST CHURCH
PIN- 9776 -41 -0033
ZONED: RA- 40(WS— IV —PA)
IMPACT 2(a)D - B
i
18 LF PERMANENT
22 SQ.FT.
j IMPACT 2D
I , INDIVIDUAL PERMIT
I MODIFICATION AID #200900106/ Cos
WQC PROJECT #:20051986
VERSION 3 MODIFICATION
JI \ \\
IMPACT 2(a)D
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4
I PROPOSED VERSION 4 j \
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MODIFICATION— PROVIDE 100•
I SEPERATE DRIVEWAY FOR \ K'A)lR
2 23 AC
IOT 5
I STREAM D
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PHASE I
AND II
I I
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118 LF 48" CMP ® 3.18% —=
` I W STONE HEADWALLS OR
APPROVED EQUA
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j 18 LF 4 CMP ®1 63%
T I W /STONE HEADWALLS OR
` APPROVED EQUAL- — -It
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---- — -------------- - - - --�
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IMPACT 2(a)D - A
SPICEWOOD SERVICES, INC. IMPACT 2(a)D - C
10 LF TEMPORARY
PIN: 9776 -59 -6844 16 LF PERMANENT
20 SID FT
ZONED: RA- 40(WS— IV —PA) 32 SID FT
NO MITIGATION REQ'D
DRAWN BY ACE
CHECKED BY TDS
SCALE 1 " =100'
DATE: 5 -9 -14
PIN.
SUED:
LOT
BOOK
PAGE
LOT 5 DRIVEWAY ADDITIONAL IMPACT MAP
ARCAD IA
LEGEND OAKS
CONSULTING ENGINEERS, PLLC
PO BOX 2077
PHASE I AND II
APEX, NC 27502
TELEPHONE [phone]
OWNER /DEVELOPER: HBP PROPERTIES, LLC
FACSIMILE 919363 -1477
CHAPEL HILL, CHATHAM COUNTY, NC

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May 7, 2014
Mr. Andy Williams
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, N.C. 27587
RE: Permit Modification
FiBP Properties, LLC
5210 Driftwood Lane, Morehead City, NC 28557
Ms. Jennifer Burdette
Wetlands, Buffers, Stormwater
Compliance and Permitting Unit
N C Division of Water Quality
512 N. Salisbury Street
Raleigh, N C 27604
Legend Oaks Subdivision Chapel Hill, Chatham Co, N C
USACE Action ID #: SAW - 200900106
DWQ Project #: 20051986, Ver. 4
BLC Project #: 7145
Dear Mr. Williams & Ms. Burdette:
When Legend Oaks subdivision was originally approved in 2005, we
attempted to minimize impacts wherever possible. The building envelopes
for Lots 3, 4, and 5 are across the creek from Legend Oaks Drive. We felt
utilization of a shared driveway for Lots 4 and 5 would help minimize
impacts without generating any negative market response. However, it is
clear now that we misjudged people's perception of and willingness to
accept a shared driveway scenario. People simply feel that if they are going
to spend in the range of $600,000 for a lot and home they deserve their
own private driveway. They have now told us this and we have now
listened and we are therefore before you again seeking a final modification
to our permit to allow us to implement this change and sell these last few
lots.

HBP Properties, LLC, the developer of Legend Oaks, entered into a Lot
Purchase Agreement with D R Horton, Inc. in March 2010. Over the next
four years they purchased and built homes on all sixty -two lots in Legend
Oaks except for Lots 3, 4, and 5. Last month they terminated their contract
without purchasing these last three lots. They said they could not generate
sufficient interest in these lots and the largest objection they heard related
to the shared driveway situation on Lots 4 and 5. Despite experiencing
unfavorable market reaction to the shared driveway situation, I understand
they were able to produce two presale opportunities which came close to
final contract. However, both buyers were apprehensive about a shared
driveway arrangement and felt that the magnitude of their investment
should provide them their own driveway and therefore decided not to
move forward with the purchase.
I have enclosed herewith emails from two real estate agents who have
conveyed their experience with the shared driveway situation related to
these lots. The first is from Rich Monohan who was D R Horton's on -site
sales agent in Legend Oaks for the last two and a half years. The second is
from Kris Howard, whose company, Chatham Homes Realty, now has the
listing to sell these lots.
We are seeking one additional 20' impact to provide Lot 5 its individual
driveway. Our engineer has designed the driveway creek crossing to
minimize the impact. We are prepared to pay the additional amount of
mitigation immediately upon approval and have the crossings constructed
immediately thereafter.
I truly appreciate your consideration, understanding, and continued
assistance with our project. Please let us know if you need additional
information or have questions.
Sincerely,

Page l of 1
Subs Legend Oaks homesites
Date 5/7/2014 7 31 00 A M Eastern Daylight Time
From rmonahan(c)_nc rr com
To hbpowell(Qaol corn
Dear Mr Powell,
I have marketed and sold homes in Legend Oaks for the last 2 5 years The shared driveway
arrangement has made it very difficult to sell homesites 4 & 5_ Buyers in the price range of this
neighborhood are very reticent of not owning their entire driveway and worry about the implications of
any easement Recently I had two very good buyer,prospects who refused to move forward on the
purchase of either of those two homesites solely because of their concern about the shared driveway
arrangement
Best regards,
Rich Monahan
Broker, CSP
919 -490 -0600
Wednesday, May 07, 2014 AOL HBPowell

Page I of I
Subl Lots 4 & 5
Date 5/6!2014 2 59 09 P M Eastern Daylight Time
From khowardchathamCcz,,aol cam
To hbpowell@aol comm
Hi Brantley,
This letter is to state that based on my experience, the marketing of Lots 4 and 5
in Legend Oaks will be greatly improved with separate driveways in place. A
shared driveway causes the implementation of a road maintenance agreement on
how the driveway will be maintained at a shared cost between lot owners. There is
also a stigma associated with a shared driveway, if the other lot owner does not
contribute to maintain the driveway then I am responsible for the whole driveway
etc.
It would serve the Seller and the neighborhood better to have separate driveways
on Lots 4 and 5.
KRIS HOWARD
Broker /Owner
CHATHAM HOMES REALTY
919 - 545 -2333 Office
916- 524 -8551 Cell
919 = 545 -2335 Fax
khowardchatham(daol.com
www.chathamhomesrealty.com
Tuesday, May 06, 2014 AOL: HBPowell

•N.
�.w E�i BURDETTE LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone] — Fax [phone]
S
October 3, 2012
Mr. Monte Matthews
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Permit Modification
Mr. Ian McMillan
Wetlands, Buffers, Stormwater Compliance
and Permitting Unit
NC Division of Water Quality
512 N. Salisbury Street
Raleigh, North Carolina 27604
Legend Oaks Subdivision Phase III, Chapel Hill, Chatham County, LNR �- ---
USACE Action ID #: SAW - 200900106 �L
DWQ Project #: 20051986, Ver 4
BLC Project #: 7145 ` 3 2012
Dear Mr Matthews & Mr McMillan-
rO QU. ►rr
Legend Oaks Subdivision is located north of Lystra Road and east of US Highway 15 /501 south
of Chapel Hill in Chatham County. The project has an Individual Permit and corresponding
WQC that are valid until December 31, 2019. Please refer to the attached Table 1 for a complete
summary of the permits, water quality certifications and subsequent modifications issued for the
project including the impact totals and mitigation requirements
HBP Properties, LLC requests modification of the permit to remove compensatory mitigation
requirements for np rap dissipators and separate the compensatory mitigation requirements on an
impact basis for the proposed road crossings in Phase III of the project The nprap dissipators
have been designed using natural channel design to restore the dimension, pattern and profile of
the stream within the proposed pad as shown on the attached Details of Riprapped Culvert
Energy Basin. The attached Insets A through C have been relabeled to reflect changes in the
impact amounts due to reclassification
We request the USACE replace the condition of the Individual Permit requiring compensatory
mitigation sufficient to perform the restoration of 376 linear feet of warm water stream with the

Mr Matthews & Mr McMillan
October 3, 2012
Page 2 of 4
following revised conditions, which reflect the on -site restoration of the stream channel within
the nprap dissipators.
In order to compensate for impacts to 69 linear feet of stream in Phase III -1 of the project,
the permittee shall secure 69 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002. Work in junsdictional areas authorized by this permit cannot be initiated until
the District Engineer (DE) is in receipt of written documentation, signed by an approved
representative of the mitigation bank, confirming that the bank Sponsor has accepted
responsibility for providing the required compensatory mitigation in accordance with the
approved Mitigation Bank Instrument. This confirmation must include the appropriate
number and resource type of credits that have been secured from the Sponsor. It is the
Permittee's responsibility to provide this documentation to the DE, and until this
documentation has been received, the Permrttee retains responsibility for providing all
compensatory mitigation associated with this permit.
In order to compensate for impacts to 90 linear feet of stream in Phase III -2 of the project,
the permittee shall secure 90 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002 Work in junsdictional areas authorized by this permit cannot be initiated until
the District Engineer (DE) is in receipt of written documentation, signed by an approved
representative of the mitigation bank, confirming that the bank Sponsor has accepted
responsibility for providing the required compensatory mitigation in accordance with the
approved Mitigation Bank histrument. This confirmation must include the appropriate
number and resource type of credits that have been secured from the Sponsor It is the
Permittee's responsibility to provide this documentation to the DE, and until this
documentation has been received, the Permittee retains responsibility for providing all
compensatory mitigation associated with this permit.
In order to compensate for impacts to 93 linear feet of stream in Phase III -2 of the project,
the permittee shall secure 93 linear feet of warm water stream credits from Cripple Creek
Stream & Wetland Mitigation Bank, located in the Cape Fear River Basin, Cataloging Unit
03030002. Work in junsdictional areas authorized by this permit cannot be initiated until
the District Engineer (DE) is in receipt of written documentation, signed by an approved
representative of the mitigation bank, confirming that the bank Sponsor has accepted
responsibility for providing the required compensatory mitigation in accordance with the
approved Mitigation Bank Instrument This confirmation must include the appropriate
number and resource type of credits that have been secured from the Sponsor It is the
Permittee's responsibility to provide this documentation to the DE, and until this
documentation has been received, the Permittee retains responsibility for providing all
compensatory mitigation associated with this permit

Mr Matthews & Mr McMillan
October 3, 2012
Page 3 of 4
We also request NCDWQ revise the Approval of 401 Water Quality Certification with
Additional Conditions to include the same mitigation schedule Tara Disy Allden of Restoration
Systems indicated in the attached Mitigation Credit Reservation Confirmation Letter Statement
of Availability dated October 1, 2012 that they are able and willing to accommodate this
schedule
Chatham County has approved the attached sub - phasing plan for Phase III of Legend Oaks
Subdivision The applicant proposes to record conservation areas and preserve them in
perpetuity based on this revised construction and subdivision recordation phasing USACE's
standard preservation language provided for restrictive covenants will be added to each phase of
the subdivision's restrictive covenants without modification. The conservation areas are required
as mitigation for the proposed impacts and shown on the attached Legend Oaks Subdivision
Phase III - Draft Stream Preservation Map dated and provided to the USACE on September 7,
2010 This map was revised from the preservation plan proposed April 20, 2009 in consultation
with Mr. Matthews when the Individual Permit modification was requested to include proposed
impacts in Phase I and II. Because the preservation areas on Lots 3, 4 and 5 contained 1,190
linear feet of stream in excess of the mitigation necessary for these impacts, Mr Matthews
recommended simplifying the preservation plan for the entire subdivision by limiting the
preservation areas to four nearly contiguous areas A total of 2,463 linear feet of stream will be
preserved with 50 to 100 -foot undisturbed, riparian buffers to mitigate a total 292 linear feet of
stream impacts for a project preservation ratio of greater than 9 to 1. Mr. Brantley Powell
understands that these areas must remain in their natural, undisturbed state prior to recordation
for their use as mitigation in the future
A conservation declaration was recorded in the Chatham County Register of Deeds to preserve
the conservation areas on Lots 3, 4 and 5 containing approximately 3 19 acres riparian buffer and
1, 390 linear feet of stream on December 21, 2010 and submitted to the USACE on January 27,
2011 We request the USACE replace the preservation mitigation condition of the Individual
Permit with the following revised conditions
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase IIl -1 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase III -1 or by
December 31, 2013, whichever comes first The permrttee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described in the covenants inconsistent with the terms thereof The permittee shall

Mr Matthews & Mr. McMillan
October 3, 2012
Page 4 of 4
provide a copy of the recorded restrictive covenants to the Corps of Engineers within 30
days of recording
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase I11 -2 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase I11 -2 or by
December 31, 2015, whichever comes first The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described in the covenants inconsistent with the terms thereof The permittee shall
provide a copy of the recorded restrictive covenants to the Corps of Engineers within 30
days of recording
Permittee shall execute and cause to be recorded in the Chatham County Register of Deeds
restrictive covenants for Legend Oaks Phase III -3 as described in your letter (from Jennifer
Burdette, Burdette Land Consulting, authorized agent) dated October 2, 2012, for the
purpose of maintaining the restrictive covenants, as shown on the recorded plat(properly
recorded and showing preservation areas), in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within Legend Oaks Phase 111 -3 or by
December 31, 2015, whichever comes first. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described in the covenants inconsistent with the terms thereof The permittee shall
provide a copy of the recorded restrictive covenants to the Corps of Engineers within 30
days of recording.
If you have any questions about this modification request, please do not hesitate to call me at
(919) 841 -9977.
Sincerely,
Burdette Land Consulting, Inc
JennIfer A Burdette
Environmental Specialist
c• Brantley Powell — HBP Properties, LLC
Trenton Stewart — Arcadia Consulting Engineers

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TOP OF
TOP OF
CULVERT
I.
APRON
5he % MIN
NOTE A
NOTE B— I TOP OF NATURAL
3d OR 2dMAX DEPTH OF RIP —RAP
ST 5 MIN ((APRON) THICKENED OR SLOPING
DEPTH OF RIP —RAP '1 X d50 or TO OPTIONAL — CONSTRUCT
2 x d50 Of 1 5 X dmax
rIF DOWNSTREAM CHANNEL
�I I— DEGRADATION IS ANTICIPATED
1 5 x dmax
DEPTH OF RIP —RAP
2 x d50 or
1 5 x dmax
C/L SECTION
HALF PLAN
5iEIU. A -A
We
2
ELEVEATION\
BERM AS REQUIRED' P",-\ �— 2d50 OR 1 Sd MAX
TO SUPPORT T RIPRAP
DEPTH OF RIP —RAP �ACI
2d50 OR
1 5 dMAX
NOTE B
DIAMETER FOR
lIPE CULVERT
BARREL WIDTH
-OR BOX CULVERT
SPAN OF PIPE —ARCH
:ULVERT
I
DIMENSIONS FOR HW1
VOTE A — IF EXIT VELOCITY OF BASIN IS SPECIFIED, EXTEND BASIN DEPTH OF POOL (hs) = 2 0'
AS REQUIRED TO OBTAIN SUFFICIENT CROSS— SECTIONAL LENGTH OF POOL = 24 0'
AREA AT SECTION A —A THAT Qdes CROSS SECTION AREA APRON LENGTH = 10 0'
AT SEC A —A) = SPECIFIED EXIT VELOCITY OUTLET WIDTH = 8 0'
VOTE B — WARP BASIN TO CONFORM TO NATURAL STREAM CHANNEL RIP —RAP DEPTH FOR APRON = 3 7'
TOP OF RIPRAP IN FLOOR OF BASIN SHOULD BE 1' -0" RIP —RAP DEPTH REST OF BASIN = 2 7'
LOWER THAN NATURAL CHANNEL BOTTOM AT USE CLASS 2 RIP —RAP (d50 = 14 ") OVER
SEC A —A GEOTEXTILE FABRIC
DETAILS OF RIPRAPPED CULVERT ENERGY BASIN

I i ii,� II I f 71 ; \��,��'�'' IMPACT # S1 - C
STREAM CHAN -
' 1'`:v:`• (CUB CR
59 L!F RMANENT
3 SQFT
N� MITIGATION REQUIRED
M -C / — J �P�0 "
—(CUB EEK)_
#S1---
/ i SYR AM I N -A
%C B CREEK) '
/ ��•� 91 LLF pERMAIV
/\ 3,437 /SQFT
/ IOACT # 'I)- A
STREAW/6' iANNEL -A -
/(03 CREEK)
X31 LF TEMPORARY
848/SQFT
ROAI} bESIO"NWAND I OA9� INFO�AWN PROVID)D I� -
ARCADIA �ONSUL,T
GRAPHIC SCALE SURFACE WATER & WETLAND IMPACT MAP N
V. = 50' LEGEND OAKS SUBDIVISION PHASE III
50' 0 50• HPB PROPERTIES, LLC
CHAPEL HILL, CHATHAM COUNTY, NC
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
\� 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF October 22, 2012
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-
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
15 1501 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
dram 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 of jurisdictional 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

-2-
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.
Sincerely,
c ' Steven A. Baker
Colonel, U S Army
District Commander
Enclosures

-3-
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

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee. H. Brantley Powell — HBP Properties, LLC Action ID: SAW- 2009 -00106
Project Name: Legend Oaks, Phase III -1 County. Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U S Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or of the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002. Caoe Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non- riverine
69
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002. Caoe Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non- riverine
69
Mitigation Site Debited Cripple Creek Mitigation Bank
(List the name of the bank to be debited For umbrella banks, also list the specific site For NCEEP, list NCEEP If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited)
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements
Mitigation Sponsor Name-
Name of Sponsor's Authorized Representative*
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit.
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permlttee is no longer responsible for providing the mitigation Identified in this form, though the Permlttee remains
responsible for any other mitigation requirements stated in the permit conditions
• Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein For authorized Impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance NCDOT remains fully responsible for the mitigation until the USAGE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein
• Signed copies of this document must be retained by the Permlttee, Mitigation Sponsor, and In the USACE
administrative records for both the permit and the Bank /ILF Instrument It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form
D If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument
Comments /Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below
USACE Project Manager: Monte Matthews
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Email: monte.k.matthews @us.army.mil
Monte Matthew"
10 -22 -2012
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http / /ribits usace army mil
Page 2 of 2
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 our website at http / /regulatory usacesurvey com/ to complete the survey online

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NC®ENR
I forth (arollna Department of Environmert and Natural Ri sources
Division of v;ratel Ouallt/
Beverly _ajes Perdue Charles Wakild, P E Dee Freeman
Governor Dlrectol Secretary
December 21, 2012
HBP Properties, LLC
Attn H Brantley Powell
5210 Driftwood Lane
Morehead City, NC 28557
DWQ# 2005 -1986 v5
County Chatham
Subject APPROVAL of 401 Water Quality Certification with Additional Conditions—
MODIFICATION
Legend Oaks Subdivision, County
USACE Action ID No 200900106
Dear Mr Powell
Attached hereto Is a copy of Certification No 3787 issued to HBP Properties, LLC, Inc , dated
December 21, 2012 This Certification replaces the Certification issued to you on September
30, 2011. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) NPDES Stormwater Permit (including
NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water
Supply Watershed regulations
You can contest this Certification as provided In Articles 3 and 4 of General Statute 15013 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
tlttp /'(www ncoah cc-n/ or call (919) 431 -3000 for information
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8 OOam and 5 OOpm, excluding official state holidays)
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission
Wetlands Buffers Stomrwater Compliance and Penrntbng Unh (WeBSCaPe)
1650 Mail Service Center Raleigh, North Carolina 27699 -1650
Phone [phone] FAX [phone]
IntemeL hhp (/portal nodenr org/webhvgMs
An Equal Opportunity 1 Affirmative Action Employer

HBP Properties, LLC
Page 2 of 5
December 21, 2012
Mailing address for the Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition Is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us
Sincerely,
q �
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
CW /kah /ewk
cc. Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
U S Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
Danny Smith, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Jennifer Burdette, Burdette Land Consulting, 10212 Creedmoor Road, Raleigh, NC 27615
Filename 051986ver5LegendOaksSD (Chatham)401,IC_MOD dorx

HBP Properties, LLC
Page 3 of 5
December 21, 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 02H 0500 to HBP Properties, LLC to fill 0 015 acres of
404 /wetland (0 006 acres permanent impact and 0 009 acres temporary impact) and 475 linear
feet of perennial stream (416 linear feet permanent impact and 59 linear feet temporary impact),
59 linear feet of intermittent stream (20 linear feet permanent impact and 39 linear feet
temporary impact) in Cape Fear River Basin, to construct the residential subdivision at the site
The site is located north of Lystra Road and east of US Highway 15/501, near Chapel Hill, in
Chatham County, North Carolina, pursuant to a permit application dated January 21, 2009, and
received by the DWQ on January 28, 2009, by Public Notice issued by the USACE on January 28,
2009, and received by the DWQ on January 29, 2009, and by all additional correspondences
received by the DWQ on March 12, 2009, March 26, 2009, May 12, 2009, July 30, 2010,
September 2, 2011, October 3, 2012, and November 19, 2012
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted
in accordance with the application, the supporting documentation, and conditions hereinafter
set forth
This approval is for the purpose and design that you described in your application and as
described in the Public Notice If you change your project, you must notify us and you may be
required to send us anew application If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all
conditions Any new owner must notify the Division and request the Certification be issued in
their name If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H 0506 (h) This approval requires you to follow the conditions listed in the certification
below.
Conditions of Certification:
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met No other
impacts are approved including incidental impacts
Type of Impact
Amount Approved (Units)
Plan Location or
Reference
404/401
0 015 ((acres) 0 006 acres permanent and
Application, Public Notice,

HBP Properties, LLC
Page 4 of 5
December 21 2012
Wetlands
0 009 acres temporary]
and additional information
received 7/30/10
Stream
475 [(linear feet) 416 linear feet
Application, Public Notice,
(perennial)
permanent impact, 59 linear feet
and additional information
temporary impact]
received 7/30/10
Stream
59 [(linear feet) 20 linear feet permanent
Additional information
(intermittent)
impact, 39 linear feet temporary impact]
received 7/30/10
Sediment and Erosion Control
2 Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual
b The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project
c For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual
d The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
3 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404 /401Permit Application All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur,
4 Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval from the Division If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures
All sediment and erosion control devices shall be removed and the natural grade restored

HBP Properties, LLC
Page 5 of 5
December 21, 2012
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project
5 Protective Fencing - The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the areas
that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities
Continuing Compliance
6. HBP Properties, LLC shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law If the Division determines that,such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division
may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 02H
0507(d) Before modifying the Certification, the Division shall notify HBP Properties, LLC
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H
0504 Any new or revised conditions shall be provided to HBP Properties, LLC in writing,
shall be provided to the United States Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project,
7 Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at
http -/ aortal ncdenr or; /NrHiL,q/ r.s /su /npdesswHtab -A
Mitigation.
8 Compensatory Mitigation
Mitigation must be provided for the impacts described in the 401 Water Quality
Certification Modification Request as specified in the table below We understand that you
wish to purchase stream mitigation credits from the Cripple Creek Mitigation Bank to meet

HBP Properties, LLC
Page 6 of S
December 21, 2012
this mitigation requirement This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement, A Mitigation Credit Reservation Confirmation
Letter from the Sponsor, dated October 1, 2012, reserving credits sufficient to provide
compensatory mitigation for Phase III -1, Phase III -2 and Phase III -3 impacts was included
with the 401 Water Quality Certification Modification Request. For accounting purposes,
this Authorization Certificate authorizes credits reserved with the Cripple Creek
Mitigation Bank to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream (Ph III -1)
69 linear feet
Cape Fear /03030002
Stream (Ph III -2)
90 linear feet
Cape Fear /03030002
Stream (Ph III -3)
93 linear feet
Cape Fear /03030002
9 The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at•
http / /portal ncdenr ore/web /wq /swp /ws/ 401 /certsandpermits /apply /forms)
10 This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This the 21"' day of December 2012
DIVISION OF WATER QUALITY
harles Wakild, P E
Director
CW /kah /ewk
3787