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.)
Page 10 of 10
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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
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EXISTING CONDITIONS / DEMOLITION PLAN
existing conditions / demolition notes
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4
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it.] west MWn street
u6 Durbam N.C. 2T/e1
93 p 919.662.0J66
9 f 919.e1e.66A6
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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
/
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P/L
I
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UTILITY PLAN
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oasRva 12"
OEPARRATT rrl7J
_Aar 144*
A1117
Aff
-117
standard COD utility notes utility notes
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DOMESTIC
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fire notes
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PAL NMI .111 MEM CP.. TO MR.. CM MD OM MOM a:7KM ESSAY472171FZiliF&:4
OE INSTALLED AT q .11.1M1 OF ND FEET MART. MEE.. ON A r
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AN.
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11 P.M Ia.... AND us sm.., sm.. DE uoncnowc. ACCESS MO MIME POOLS 10 SE COCIMMTED V. TNT POMO ANO May..
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3ewe D
Thames_
111 street Durham, u919m, N.C.N.C.C1]Dt
t
tt 919.99.6.10
r 88.ojtp..040
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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-
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STREAM POTER
Ga
Coufiter
3 a Jewell
II Thames.
111 west Man Street
8 Durham, N.C. 27701
ZP 819.892.0288
1 919.8fi8.5848
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MBEACON
PROPERTIES
Project:
OAKRIDGE
4950 Durham - Chapel
Hill Suulevar4
Ourham Coonty,
North Carolina
PRELIMINARY -DO NDT
USE FOR CONS -MUM.
oe
GRADING & STORM DRAINAGE PLAN
grading & storm drainage notes
V=. re 1=1., 8 8,�,r.,a.. µ. ry „ 'r r,. a,..",xr uw«„rnrs:S,a 814.a' .mar eE.R.aoxa a. R,S PEonr..r as m
9_ AID annoo oust PRODUCE SURFACE DRAWEE ADMAN r0 PREVENI SrAwyn WREP OR 1.7 1.1313 AVE nr0 m rosenf Inn nu snow maw nor ro morn OR OPER PnorS OF Oncor
O. trA.S ELMNISISRES STOW DRAIN. 5.171,711 PVC PIPE. AI ARCIPIEC.RAL PLANS PIR
OTOON .,... xe . ,Marti .0 P1 UNLESS aura a,xaw.SE.
Au CONCRETE SHALL WET 1.11...0 PSI 30PRRESME STRE341111.
PPE POINTS SHALL BE H. 111111 PROEM. JOINT SCALER 1131131 C.FORLIS 70 AASNPO SPELP.110.1131-198 FOR ME P CLEMSLE PLASPC GASKETS tOPISS 011.E.SE NOTED
11. N SIMA. 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