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HomeMy WebLinkAbout20201343 Ver 2_Modification Request_20220817Staff Review Form NORTH CAROLINA EnNmnmenfei Qea(Uy Updated September4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20201343 Version* 2 Is this project a public transportation project?* Reviewer List: * Colleen Cohn:eads\cmcohn Select Reviewing Office: * Yes No Raleigh Regional Office - (919) 791-4200 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: Project Contact Information Name: Benjamin Wilson Who is submitting the information? Email Address: ben.wilson@oneatlas.com Project Information Existing ID #: 20201343 20170001 (no dashes) Project Name: Oakridge Is this a public transportation project? Yes No Existing Version: Is the project located within a NC DCM Area of Environmental Concern (AEC)? J Yes .s No `, Unknown County (ies) Durham Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document PCN2Revisedscan3.pdf PCN2-Impacts_scan4.pdf 20-1343 Oakridge_401_Durham3.pdf Oakridge Nationwide Permit 39 Verification (SAW- 2020-02005)-S i g n ed .pdf Only pdf or kmz files are accepted. 1.91MB 2.17MB 436.65KB 7.88MB Describe the attachments or comments: Revised PCN Showing that the impacts for the project will be changed from 220 linear feet of intermittent stream to 152 LF of intermittent and 60 LF of perennial equals total of 212 LF. Previous 401 permit. Previous 404 permit. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: rc?m4e (1.'%u'i Submittal Date: Is filled in automatically. WA �tiF Q Office Use Only: r Corps action ID no. ;t I •-mac DWQ project no. . 1 } Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s)of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1 b.Specify Nationwide Permit(NWP) number: 39 or General Permit(GP)number: 1c. Has the NWP or GP number been verified by the Corps? ®Yes ❑ No 1d. Type(s)of approval sought from the DWQ(check all that apply): ® 401 Water Quality Certification—Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification—Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: ❑Yes ®No ®Yes ❑ No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so,attach the acceptance letter from mitigation bank ❑ Yes ®No or in-lieu fee program. 1 g. is the project located in any of NC's twenty coastal counties. If yes,answer 1 h ❑Yes ®No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes ®No 2. Project Information 2a. Name of project: Oakridge 2b. County: Durham 2c. Nearest municipality 1 town: Durham 2d. Subdivision name: NA 2e. NCDOT only,T.I.P.or state project no: NA 3. Owner information 3a. Name(s)on Recorded Deed: DLIRHILL LLC 3b. Deed Book and Page No. See attached list 3c. Responsible Party(for LLC if applicable): 3d. Street address: 16122 MOREHEAD DRIVE 3e. City, state,zip: CHAPEL HILL, NC, 27517 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form—Version 1.4 January 2009 4. Applicant Information(if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state,zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: Ben Wilson 5b. Business name ATC Group Services, LLC (if applicable): 5c. Street address: 2725 East Millbrook Road Suite 121 5d. City, state,zip: Raleigh, NC 27604 5e. Telephone no.: 919-871-0999 5f. Fax no.: 737-207-8261 5g. Email address: ben.wilson@atcgs.corn Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no.(tax PIN or parcel ID): See attached list lb. Site coordinates(in decimal degrees): Latitude: 35.958671 Longitude: -78.985245 1c. Property size: 108.46 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: New Hope Creek 2b. Water Quality Classification of nearest receiving water: WS-V(upstream water supply)NSW(nutrient sensitive) 2c. River basin: Jordan Lake 3. Project Description 3a. 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 site is currently partially wooded with cleared areas with brush in the upland areas from previous logging operations.The site is located on US 15-501 and is surrounded by commercial properties on the south and west and the New Hope Creek lowland on the north and east. 3b. List the total estimated acreage of all existing wetlands on the property: 73 3c. List the total estimated linear feet of all existing streams(intermittent and perennial)on the property: 3d. Explain the purpose of the proposed project: Grading to develop the uplands portion of the property for commercial and residential use. 3e. Describe the overall project in detail, including the type of equipment to be used: Plans with impacts shown are attached.The site will be graded using conventional earth moving equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Yes ❑ No El Unknown Corps or State been requested or obtained for this property 1 project(including all prior phases)in the past? Comments:City of Durham stream determination,COE Wetlands 4b. If the Corps made the jurisdictional determination,what type Preliminary ►. Final of determination was made? ❑ 4c, If yes,who delineated the jurisdictional areas? Agency/Consultant Company:ATC-Ben Wilson Name(if known):Stream-Christine Cailleret-City of Durham Other: 4d. If yes,list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. City of Durham December 10,2018 COE Nationwide permit SAW-2020-02005 DWQ Approval Permit DWR#20201343 5. Project History 5a. Have permits or certifications been requested or obtained for Yes ❑No ID Unknown this project(including all prior phases)in the past? 5b. If yes,explain in detail according to"help file"instructions. The City of Durham has approved the grading plan and development plan.(attached) 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes,explain. There will be additional development on the upland portion of the site in the future. Page 3 of 10 PCN Form—Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary -_ 1 a. Which sections were completed below for your project(check all that apply); ❑ Wetlands ® Streams—tributaries ® Buffers ❑ Open VVaters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps(404,10)or impact Permanent (P)or DWQ (401, other) {acres) Temporary (T) W1 - Choose one Choose one• Yesnwv - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one 'Choose one YesNo - W5 - Choose one Choose one Yes/No We - Choose one Choose one Yes/No - 2g.Total Wetland Impacts: 2h. Comments: No wetlands will be affected only the intermittent streams feature A will be impacted. 3. Stream Impacts If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site, then complete this question for all stream sites impacted. 3a_ 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent(INT)? jurisdiction stream length Permanent(P)or width (linear Temporary (T) (feet) feet) 51 P Fill FeatureA INT -Both 1 152 S2 P Culvert Featurec-2 PER -Both 1.5 60 53 - Choose one - - S4 - Choose one - - 55 - Choose one - - Sg - Choose one - - 3h.Total stream and tributary impacts 212 3i. Comments: The stream Feature A will be filled for construction of the development.Stream Feature C-2 will have a culvert installed for road construction. Page 4 of 10 PCN Form—Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds,estuaries,tributaries, sounds,the Atlantic Ocean, or any other open water of the U.S.then individually list all open water impacts below. 4a. 14b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact(acres) Permanent(P)or type Temporary(T) Q1 - Choose one Choose Q2 - Choose one Choose 03 - Choose one Choose Q4 - Choose one Choose 4f.Total open water impacts 49.Comments: 5. Pond or Lake Construction If pond or lake construction proposed,then complete the chart below. 5a. 5b. 5c. 5d. 5e, Pond ID number Proposed use or Wetland Impacts(acres) Stream Impacts(feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f.Total: 5g. Comments: 5h. Is a dam high hazard permit required? 0 Yes ❑ No If yes,permit ID no: 5i. Expected pond surface area(acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts(for DWQ) If project will impact a protected riparian buffer,then complete the chart below. If yes,then individually list all buffer impacts below. If any impacts require mitigation,then you MUST fill out Section D of this form. ea. Project is in which protected basin? ❑Neuse ❑Tar-Pamlico ❑Catawba ❑ Randleman ®Other:Jordan 6b. fic. ed. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number— mitigation impact impact Permanent(P)or required? (square (square Temporary(T) feet) feet) B1 P Commercial Development Feature A Unnamed trib to New Hope Creek No 2,105 9,580 B2 p Commercial Development Feature C-2 Unnamed Trib to New Hope Creek No 1,200 1,800 83 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h.Total Buffer Impacts: 3,305 6,380 6i.Comments:City of Durham Jordan Lake Buffers Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The first phase of the development has been designed to minimize impacts to all wetlands and as many streams as possible by pushing at development to the uplands and placing the development immediately adjacent to US 15-501.The wetlands,streams and creeks at the rear of the property will be dedicated for preservation.Only 13 acres are slated for development at this time. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All construction on the creek banks will be from the top down thus minimizing impacts to the creek itself.Ali access and construction roads to the creek will be on the interior of the construction area to minimize clearing as well as sedimentation.Vegetation will be left as long as possible and sediment controls wit be immediately added when vegetation is cleared. 2. Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the Slate? 2b. If yes,mitigation is required by(check all that apply): ❑ DWQ 0 Corps ❑ Mitigation bank 2c. If yes,which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b.Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. 0 Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation,stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal)wetland mitigation requested: acres 4h.Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan,provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form—Version 1.4 January 2009 6. Buffer Mitigation(State Regulated Riparian Buffer Rules)—required by DWQ 6a.Will the project result in an impact within a protected riparian buffer that requiresID Yes ® No buffer mitigation? 6b. If yes,then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. _ 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed(e.g.,payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h.Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ❑Yes ® No within one of the NC Riparian Buffer Protection Rules? lb. If yes,then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 7.6% 2b. Does this project require a Stormwater Management Plan? ®Yes ❑No 2c. If this project DOES NOT require a Stormwater Management Plan,explain why: 2d. If this project DOES require a Stormwater Management Plan,then provide a brief, narrative description of the plan: The stormwater management plan has been approved by the City of Durham. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Durham 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Durham ® Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW USMP apply(check all that apply): ❑ ❑Water Supply Watershed ❑Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Oyes ®No attached? 4. DWG Stormwater Program Review ❑Coastal counties DHOW 4a. Which of the following state-implemented stormwater management programs apply DORW (check all that apply): ['Session Law 2006-246 ['Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑Yes ❑No 5b. Have all of the 401 Unit submittal requirements been met? ❑Yes ❑No Page 8 of 10 PCN Form—Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation(DWQ Requirement) la. Does the project involve an expenditure of public(federal/state/local)funds or the ❑Yes ®No use of public(federal/state) land? lb. If you answered"yes"to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ['Yes ❑No (North Carolina) Environmental Policy Act(NEPA/SEPA)? 1 c. If you answered"yes"to the above,has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑Yes ❑No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules(15A NCAC 2H .0500), Isolated Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ['Yes ®No or Riparian Buffer Rules(15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ['Yes ®No 2c. If you answered"yes"to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts(DWQ Requirement) 3a. Will this project(based on past and reasonably anticipated future impacts)result in ['Yes ®No additional development, which could impact nearby downstream water quality? 3b. If you answered"yes"to the above,submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered"no,"provide a short narrative description. 4. Sewage Disposal(DWQ Requirement) 4a.Clearly detail the ultimate treatment methods and disposition(non-discharge or discharge)of wastewater generated from the proposed project,or available capacity of the subject facility. ❑urham POTW Page 9 of 10 PCN Form—Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ®Yes ❑No impacts? 5c. if yes,indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Program and US Fish and Wildlife Data Base and additonal study by SEPI Associates(attached) 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? US Fish and Wildlife EFH 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 ❑ Yes ®No status(e.g.,National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? None-site visit only 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain? ❑Yes to No 8b.If yes, explain how project meets FEMA requirements: 8c.What source(s)did you use to make the floodplain determination? FEMA maps and City of Durham GIS Benjamin V. Wilson, PE .. 08-29-21 Applicant/Agent's Printed Name plicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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AJ,L 046R5 UMW THE SUITING REWIRE Ni AM ACCRMIE cOWFUI R PORE le A PJBLIC WAY. disturbed area 566.652 SF / 1350 AC VWct 111 West Main Street Durham, N.C. 27701 p 919.082.0366 } 919.600.5646 www.cjtpa.cvm BEACON pROPE&TIES PrOje110 OAKRIDGE 4950 Durham - Chapel Hill Boulevard Durham County, North Corohno PRELIMINARY -DO NOT 115E FOR CONSTRUCTION 300 Hunker: 1744 i6wn -4nsnm JSA• PER ECI4 JSA 97.1S.4210 103201P CCEAMEIR6 2W42020 CO1ATRIRS 10-112025 C3CEPIE4Ra 12.14.2120 CCNIEIEMTE 01.262021 COHINNTS Level 9 Silt PIED Sheet Title: GRADING & STORM DRAINAGE PLAN Sheet Humber C300 BUILDING ROOF LEADERS TO CONNECTED TO UNDERGROUN STORMWATER SYSTEM (T ) f 401/404 PERMIT H4S :BEEN SUBMITTED TO THE STATE FOR THIS DISTURBANCE z0,s . TREE PROTE517ON FENCE LIMITS OF DISTURBANCE SAND FILTER # :;-- •; $CALAS+4INTENANCE AND ACCEta `EASEMENT i.AIVrisirrArgirrIWisiOSO'WirAIIKI �ii Affirm -ifrfrfs -STORY- (41-'-.r HT.) RETAIL (12,600 5F) )FFICE (12,600 SF) FFE-304 • TW 282 --OW 281 TW 291 BW 278 •mw.r .r-- �rprfrf/;rfr�/%/0'��1 �r/./Af�fAfV1riEVw%f/f I I UM .% • 1 i 7. 4 in Tip nu ►Mill= MII1IIIlIIMEN:IIM__IIM1IMI1MMall IMIIIIISTail ler) 1 r I r 1 GRADING &STORM DRAINAGE PLAN C300 1" = 60'-0" 30 60 20 BUILDING G" 1 STORY (32' HT.) RESTAURANT (6,000 SF) FFE=298.5 ZONE AE .IX' CHANCE FLOOD 7,0o0 YR FLOODPYAIN ZONE X 0.2X CNANCE -PLOOD / (500 YR FOODPLAIN PIP' OUTLET 294 Br 292 BUILDING 7a" STORY'. 24' HT.). R STALIRANT (6,550 SF) FFE=292 0' STREAM BUFFED STREAM BUFFER SET&4CIC ERENNIAL STREAM SEGMENTAL BOx RETAIN (DESIGN BY OTHERS) TER EASEMENT AND 2' NO -BUILD SETBACK '-SCM MAINTENANCE AND` ACCESS £&ME'NF--- STORM PIPE OUTIP17- TW288 --. • BW 262 fCG3 1vtsto(\-) D\\J 2 ar E 5Cea-E ,• e. s irrrw�w�wrr� wiwiwiiirirwiwi irk"/�!//�,.� �j�./' ._ / �f'r'_r�r ►iwirirrrri�iwiri. wrriwiwiwrriwi�iariA►ir�wrwrwr�r AMEN allIZM . iwYwOwiwrw�.� iiriirwrri��iiAI iwrAriii riwrriwrr�irf.�rIisirr.#rwi�FE�i�i�4.1111 iiiriii,,riwr�vi�r iiiwi�iiiwr�L Dmr.....AmormannormmamAsTraiminam rawer IF .AI 011- stiEIN far'. INLET (TTP) BUILDING 1 STORY (24' HT) RETAIL (22 200 SF) ►U 37RlET 19IR0 BUILDING B" 1 STORY (24' HT.) RETAIL (4,800 SF) FFE-304 BENDING - 2 -STORY {4-i-'-3" HT.) RETAIL (12,600 SF) OFFICE (12,600 SF) FFE 304 1 STORY (32' \, HT) RESTAURANT (4,712 w3DQ ) rG \jy;J \ 6 or 3 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director DURHILL, LLC Attn: Chris Howlett 16122 Morehead Drive Chapel Hill, NC 27517 NORTH CAROLINA Environmental Quality January 15, 2021 D W R # 20201343 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Oakridge Dear Mr. Howlett: You have our approval for the impacts listed below for the purpose described in your application dated November 13, received by the Division of Water Resources (Division) November 13, 2020 and payment received November 23, 2020 with additional information received on January 15, 2021. These impacts are covered by the attached Water Quality General Certification Number 4139. This certification is associated with the use of Nationwide Permit Number 39 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 Stream S1: Fill for buildings and roadway 220 (linear feet) 0 (linear feet) 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)]. NORTH CAROLINA Department of Environmental flualk\ ch.*. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.7 1.4200 DocuSign Envelope ID: 8004CA79-E9E4-494C-9746-60ECA8DB2AAC Oakrldge DWR# 20201343 401 Certification Page 2 of 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 (919) 431-3000. 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 Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, ,—DocuSigned by: sa* `— B C DA9 D 825 D 4A4 6 D ... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4139 cc: Benjamin Wilson, ATC Group Services LLC (via email) April Norton, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Unit file U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02005 County: Durham County U.S.G.S. Quad: Southwest Durham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: DURHILL, LLC ATTN: Chris Howlett Address: 16122 Morehead Drive Chapel Hill, North Carolina 27517 Size (acres) — 108.46 Nearest Town Durham Nearest Waterway New Hope Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.958671 Longitude: -78.985245 Location description: The project area is located at 5000 Durham -Chapel Hill Boulevard in Durham, Durham County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 220 linear feet of stream channel. These impacts are necessary for grading to develop the uplands portion of the property for commercial and residential use. Mitigation is required for the 220 linear feet of stream channel impacts resulting in a permanent loss of stream bed. The mitigation ratio is 1:1 for impacts associated with the intermittent stream. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 39 Commercial and Institutional Developments SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 13, 2020, with subsequent information received on January 15, 2021, and the enclosed plans entitled "Area Map," "Existing Conditions / Demolition Plan," "Utility Plan," and "Grading and Storm Drainage Plan." Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. SAW-2020-02005 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact April Norton at (919) 554-4884 or April.R.Norton(a,usace.army.mil. Corps Regulatory Official: HANNE.1297315281 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: Date: January 21, 2021 1. ❑ There are waters, including wetlands, on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area 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 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis for Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: None. D. 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 SAW-2020-02005 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 N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. NORTON.APRIL.ROSH Digitally signed by N O RTO N. A P R I L. RO S H A N N E.1297315281 Corps Regulatory Official: ANNE.1 29731 5281 Date: 2021.01.21 08:09:10 -05'00' April Norton Date of JD: January 21, 2021 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy fumished: Benjamin Wilson ATC Group Services 2725 E. Millbrook Raleigh, North Carolina 27604 SAW-2020-02005 SPECIAL CONDITIONS 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. Action ID Number: Permittee: SAW-2020-02005 County: Durham County DURHILL, LLC ATTN: Chris Howlett Project Name: Oakridge 5000 Durham Chapel Hill Boulevard/ Durham County Date Verification Issued: January 21, 2021 Project Manager: April Norton Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: April Norton Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Compensatory Mitigation Responsibility Transfer Form Permittee: DURHILL, LLC. Attn: Chris Howlett Action ID: SAW-2020-02005 Project Name: 5000 Durham Chapel Hill Road County: Durham 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 Division of Mitigation Services (NCDMS), 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 if 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 (credits) 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 bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). 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, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal *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, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS 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 NCDMS), 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 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 Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee 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 USACE 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 Permittee, 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. • 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: A letter from EBX-EM, LLC. (RES), confirming their willing and able to accept the applicant's compensatory mitigation responsibility, was not included with the preconstruction notification. The mitigation acceptance letter must be submitted prior to construction commencing. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: April Norton Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 April.R.Norton@usace.army.mil Digitally signed by NORTON.APRIL.ROS NORTON.APRIL.ROSHANNE.1297 HAN N E.1297315281 315281 Date: 2021.01.21 08:09:43 -05'00' 01/21/2021 USACE Project Manager Signature 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 MANGE FL MN. MA C=1 LEGEND e exVcoim Boron rraik ehmi Bev Flo Oaortment Water Mar San Llama PC'0 vr11: P {VC Wass In. Iron Pia Set 0 Ms tt C-leeVr- F1000.11. S C¶ouOter Jewe ! e Thames.. 1 ay 6 Durham, N.C. 27701 p 6,6.6e1.6 40 t 816.680,5646 S g ww1,0103a.0o0 \///y///�� BEACON PAC pROPERTIES Project: OAKRIDGE 4060 Durham - Chapel XIII Boulevard lox sob Number: 1744 ravel she tTitle: Plan AREA MAP Sheet Number C001 N. b t'K tom'. .,� tack twttstMA- 6'5 "W (TOL)�_➢��,�_ EXISTING PARKING LOT r cw TREE PROTECTION f£NCE LIMITS OFDISTURBANCE (TGR) EX.PROPER, TO O BE RECOMBINED «NVNeaJp w 1458`44'23'E 573.,01 (TOTAL • ...5_ 2"' 283.76-....««.,.«........4.ee. ...eea..»...e n.«.jam .� DURHILL LLC 4950 DURHAM CHAPEL HILL BLVD D.B. 8590/548 P.B. 182/392 PARCEL ID 140134 PIN 0800-03-33-6159 AREA: 1.998 AC ZONED CN TIER: PATTERSON PLACE CN USE: VACANT COMMERCIAL {UV Darya oT6�oo --V�1�rE1k-\� DURHILL LLC 4915 DURHAM CHAPEL HILL BLVD. D.B. 8590/548 P.B. 182/392 PARCEL ID 206062 PIN 0800-03-33-9304` AREA: 1.990 AC ZONED: CN TIER: PATTERSON PLACE CN USE: VACANT COMMERCIAL vouxap �a Lon 289.25 42"1'5 W 7„.2, TOTAL), EXISTING IS " 0) WA RI. E FXISTWG. ZDNINO BOUNDARY irr87 DURHILL LLC 4802 DURHAM CHAPEL HILL BLVD. D.B. 8590/548 P.B. 176/43 PARCEL ID 206066 PIN 0800-03-34-6437 AREA: 68.273 AC ZONED: RS-2D/PDR/CN TIER: PATTERSON PLACO ON USE: VACANT COMMERCIAL N58°34'00"E 1 r...,...aae,. 152.43..r..a«� IP DURHILL II LLC 4904 DURHAM CHAPEL HILL BLVD.' D.B. 8590/567 P.B. 178/43 PARCEL ID 206063 PtN 0800-03-43-158Z AREA' 1.986 AC ZONED: CN TIER: PATTERSON PLACE CN USE: VACANT COMMERCIAL EI P. 135.74, /9.nN- 157.80 6'40'52"E 730.51H(10- 1EIP DURHILL II LLC 4852" DURHAM CHAPEL HILL. BLVD. D.B. 8590/567 •- P,B. 178/43 PARCEL ID 206064 PIN 0800-03-43-4628 AREA: 1.990 AC ZONED: CN TIER, PATTERSON PLACE CN USE: VACANT COMMERCIAL FOISTING z0 BOUNDARY 0 Lock- LOO--. Ipp— LOP ZONE At` ]% CHANCE R. D. 09NCE FLOOD (500. M FLON ) 1 EIP A tale 4 289.00 DURHILL II LLC i18 DURHAM CHAPEL HILL BL D.B. 8590/567 P.B. 178/43 'PARCEL ID 206065 PIN 0800-03-43-6864 AREA: 1.990 AC ZONED: CN TIER: PATTERSON PLACE CN USE VACANT COMMERCIAL 268.95 c'Z:, lLIP 1 556'40 49"W 844.29 (TOTAL) 269.00 -Yariab�c widthavc,xc�rt ' 7 EXISTING CONDITIONS / DEMOLITION PLAN existing conditions / demolition notes LItAJU„CIAWa.Iamxa xis mE.x-m,Tz moo,,45,1Ear.r, To.ttwrco,mxraMxvl„wa «M�. LO LC 4 Cou t r a Thames - it.] west MWn street u6 Durbam N.C. 2T/e1 93 p 919.662.0J66 9 f 919.e1e.66A6 o i www.cllPa.com BEACON p&OPERTIES OAKRIDGE 4950 Durham -Chapel Hill Boulevard Durham County. North Carolina Job Number: 1744 ReVielema 05013018 Le el Pl Sheet 11 le: EXISTING CONDITIONS/ DEMOLITION PLAN heat Number C100 / �\ \A P/L I •0 UTILITY PLAN I acvu-our Ar = (I..) 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"„-" ��,„„n ."„"°� ego wsra aa.«„�„"•r H'r .� ("Pa .ter r�ma ws„w„ w.,E ""a.o .,.. �a PROVIDED or.,. "w P.M AE MEN.e.r. "a�..0 . ,w.,�.„.ter IMAMS"..DE o �°E" E CouDter 3ewe D Thames_ 111 street Durham, u919m, N.C.N.C.C1]Dt t tt 919.99.6.10 r 88.ojtp..040 u Y www.�iw.com BEACON F,RopERTles OAKRIDGE 4950 Durham - Chapel Hill Boulevard Durham County, North Carolina file PRELIMINARY -DO NOT CONSTRUCTION N USE FOR CONSIftUCTION Job Number: 1744 el t PI Shea t Title: UTILITY PLAN sheet Number C500 aroRare me sYSIDI (rr.). LOOTS OF DISTUROACI- a `, CURB p4A (n?. -Phi11 111111 01 1.41 (1111111111 Illra 7mu oe --e', in nii mm lop_------ 4011.001111. ` 41; 00---- LOD . 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OF ALL SPORN DRAINAGE STRUCTAES SHALL BE PONIED UP APO Wan-. /0 AN .411.11. STAPDAPO USW 1101.. NIXED 10 NAN...R./IS SPECPPAIrONS .1.1./..111113 or I. Ormo. unSuirADLE FOR ..FILL PURPOSES Pi. DE MIN. MD REPLACED PPP SUITARLE wTmi%MIs ..wu e°=ni.,%e0.s.W,uz`m°aor"x,xa,-""or rxE uuaauM my rExen m.'"" ADA route notes applies to all sheets 3. MIN. 1. SMOULDER AT 113.1.11 11 SLOPE .ACENI TO ADA P.S PONES FLOSS "MDR.. GU. mr. DOERS EMI. FE SRO. REWIRE 311 ADA ACCESSPLE ROPTL TO A RM. PAP. Level site m Sheet Title: GRADING & STORM DRAINAGE PLAN sheet Number C300