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HomeMy WebLinkAbout20072022 Ver 4_401 Application_20150615V4 Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone (919) 846 -5900 • Fax (919) 846 -9467 sandec com June 4, 2015 $—P—t —C "Project #8781 P22 To US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 & Buffer Permitting Unit Attn Enc Alsmeyer Attn Karen Higgins A ��""``-•... 3331 Heritage Trade Drive, Ste 105 512 N Salisbury Street (9`h fl Wake Forest, NC 27587 Raleigh, NC 27603 ---� JUN 0'l 4 2015 From Deborah E Shirley Sod & Environmental Consultants, P A DENR - BUFF 8412 Falls of Neuse Road, Ste 104 401$ BUFFER J, 8412 Raleigh, NC 27615 SING Re Laurel Grove -Phase I (formally Sierra -Phase 1) - MODIFICATION REQUEST Durham, Durham County, NC On behalf of the owner, RREF II- Sierra, LLC (Attn Aimee Carlson) please find attached a complete application and supplemental information requesting written concurrence from the U S Army Corps of Engineers (USACE) and the N C Division of Water Resources (NCDWR) that the activities proposed below may proceed under Nationwide Permit 29, General Water Quality Certification 3890 and the Neuse River Buffer Rules It's important to note that in 2014 a 404 Nationwide Permit 29 verification and 401 Water Quality Certification Approval were issued for this project The City of Durham required revisions to the sanitary sewer outfall, in addition to slope changes to the road crossings which resulted in a change in impacts Please contact me at (919) 846 -5900 if you have any questions or would like additional information PROJECT SUMMARY Project Name Laurel Grove -Phase I Project Type Residential Subdivision Owner / Applicant RREF II- Sierra, LLC County Durham Nearest Town Durham Waterbody Name UT to Lick Creek Basin /HUC Neuse /03020201 Index Number 27-11-(05) Class WS -IV, NSW IMPACT SUMMARY Stream Impact (acres) 012 Wetland Impact (acres) 0 Open Water Impact (acres) 0 Total Impact to Waters of the U S (acres) 012 Total Stream Impact (linear feet) 784 Total Riparian Buffer Impacts (sq ft) Zone 1 62,174 Zone 2 55,128 Attachments Pre - construction Notification Application Form Agent Authorization Form NRCS Sod Survey Map & USGS Topographic Map Neuse Buffer Determination Letters (NBRRO# 12 -249) 401 Approval - Sierra Subdivision -DWQ #07 -2022, Ver 2) 404 Nationwide Permit Verification -AID SAW- 2013 -01687 401Approval- Sierra Phase I -DWR #07- 2022v3 NCEEP Receipt- EEP#21193 RES Statement of Availability letter (Stream)-June 2, 2015 RES Statement of Availability letter (buffer) -June 2, 2015 Sierra Development MOA update letter, ER 12 -2161 (SHPO) Existing Conditions -sheet EX -1 Overall Site Plan —BE -1 Impact Exhibits- sheets BE -2 — BE -10 Overall Drainage Plan (DWR only) Data CD (DWR only) $570 DWR Application Fee 0� W A TF9QG � 1 o Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 15 PCN Form —Version 1 3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit lb Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number N/A 1c Has the NWP or GP number been verified by the Corps's ® Yes ❑ No 1 d 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 because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No if 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 or in -lieu fee program ® Yes ❑ No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC) ❑ Yes ® No 2. Project Information 2a Name of project Laurel Grove -Phase 1 (formally known as Sierra -Phase 1) 2b County Durham 2c Nearest municipality / town Durham 2d Subdivision name Laurel Grove 2e NCDOT only, T I P or state project no N/A 3. Owner Information 3a Name(s) on Recorded Deed RREF 11 -FH Sierra LLC 3b Deed Book and Page No DB 7543, DP 243 3c Responsible Party (for LLC if applicable) Aimee Carlson 3d Street address 2840 Plaza Place, Suite 360 3e City, state, zip Raleigh, NC 27612 3f Telephone no 919 - 870 -9711 - 3g Fax no N/A 3h Email address aimee car1son(cDnaltogg2ggl com Page 1 of 15 PCN Form —Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify Owner - please send correspondence to both Owner and Agent 4b Name Aimee Carlson 4c Business name (if applicable) RREF 11 -FH Sierra LLC 4d Street address 2840 Plaza Place, Ste 360 4e City, state, zip Raleigh, NC 27612 4f Telephone no 919 - 870 -9711 4g Fax no N/A 4h Email address hneberrv(Woreverhomellc com 5. Agent/Consultant Information (if applicable) 5a Name Deborah Edwards Shirley 5b Business name (if applicable) Soil & Environmental Consultants, PA 5c Street address 8412 Falls of Neuse, Ste 104 5d City, state, zip Raleigh, NC 27615 5e Telephone no 919 - 846 -5900 5f Fax no 919- 846 -9467 5g Email address DShirley @SandEC com Page 2 of 15 B. Project Information and Prior Project History 1. Property Identification la Property identification no (tax PIN or parcel ID) Parcel ID 0769 -01 -29 -3411 1b Site coordinates (in decimal degrees) IMPACTAREA #7 Latitude 35 9505 Longitude - 78 7911 (DD DDDDDD) ( -DD DDDDDD) 1c Property size ± 184 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to UT to Lick Creek, 27- 11 -(0.5) proposed project 2b Water Quality Classification of nearest receiving water WS -IV, NSW 2c River basin Neuse 03- 04 -02, Hydrologic Unit Code 03020201 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 existing conditions on site consist of large parcels of forested land and rural residential The general land use in the vicinity of the project is rural residential 3b List the total estimated acreage of all existing wetlands on the property Approximately 0 acres ofjunsdictional wetlands exist within Phase 1 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 11,395 linear feet of streams exist within Phase 1 3d Explain the purpose of the proposed project The purpose of the proposed project Is to provide access and utilities to a parcel of property that is bisected by stream features to construct a Residential Development 3e Describe the overall project in detail, including the type of equipment to be used The overall project consists of the construction of a Residential Development, including but not limited to roads, utilities, stormwater devices, residential structures and associated facilities. Three (3) road crossings and one (1) culvert extension proposed, in addition to five (5) planned sanitary sewer crossings Equipment to be used will include excavators, bull dozers and other typical equipment used for land clearing, construction and excavating 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments AID# SAW-2013-01687 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Soil & Environmental Name (if known) Steven Ball & Bob Zarzecki Consultants, PA Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation USA CE-site visits with Eric Alsmeyer on November 20, 2012 and August 1, 2013 NCDWQ -site visits with Martin Richmond on October 10, 2012 and December 19, 2012 (NBRRO #12 -249) Page 3 of 15 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 5. Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past 5b If yes, explain in detail according to "help file" instructions A PCN Application was submitted on January 15, 2014 by Soil & Environmental Consultants, PA A 401 Water Quality Certification and Neuse Buffer Authorization Approval were issued (DWQ Project #07 -2022, Ver 3) 803 linear feet of stream impacts and 58,954 ft2 of Zone 1 & 61,722 ft2 of Zone 2 of Neuse River Buffers A 404 Nationwide Permit Venfication was also issued (AID # SAW -2013- 01687) for 803 linear feet of stream for road crossings and sanitary sewer line crossings Previous to the above A PCN Application was submitted on February 11, 2008 by Horvath Associates, PA A 401 Water Quality Certification Approval was issued (DWQ Project #07 -2022, Ver 2) for 0 274 acres of 404 wetlands (temp), 361 linear feet of perennial stream (295 linear feet permanent, perennial & 66 linear feet temporary, perennial), and 58,985 ft2 of Zone 1 & 89,303 ft2 of Zone 2 of Neuse River Buffers A 404 Nationwide Permit Venfication was never issued, however a Notification of Incomplete Application was sent by Eric Alsmeyer of the USACE on September 15, 2008 (AID 2006 - 40952) 6. Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes, explain This project will be sub - phased, but the extent of the sub - phasing is not known at this time What is known is that the mass grading portion of the project will be in two phases It is likely that the vast majority of the stream and buffer impacts will occur as part of the initial phase of the project, since the sewer outfall is required to serve any portion of the development Page 4 of 15 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ 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 jurisdiction number — Permanent Type of impact Type of Forested (Corps - 404, 10 Area of impact (P) or Temporary (T) wetland DWQ — non -404, other) (acres) if known W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 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 Type of jurisdiction Average Impact number - Permanent (PER) or (Corps - 404, 10 stream length (P) or Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) S 1 ( #1) ❑ P ®T Sanitary Sewer- UT to Lick E:1 PER ® Corps 6' 31 Excavation Creek ® INT [_1 DWQ S2 (#3A) [I P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 9' 46 Excavation Creek ❑ INT ❑DWQ S3 ( #38) El P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 7 59 Excavation Creek [-I INT El DWQ S4 (#4) ❑ P ®T Sanitary Sewer- UT to Lick [:1 PER ® Corps 3' 32 Excavation Creek ® INT ❑ DWQ S5 ( #5) ®P E] T Road Crossing- UT to Lick [-I PER ® Corps 7' 137 Culvert Creek ® INT El DWQ S6 ( #5) [:1 P ® T Road Crossing- Temporary UT to Lick ❑ PER ® Corps 9' 10 Construction Creek ® INT ❑ DWQ S7 ( #6) E:1 P ®T Sanitary Sewer- UT to Lick ❑ PER ® Corps 5' 41 Excavation Creek ® INT El DWQ S8 ( #7) ® P ❑ T Road Crossing- UT to Lick ® PER ® Corps 12' 262 Culvert Creek ❑ INT ❑ DWQ S9 ( #7) ® P ❑ T Permanent UT to Lick ❑ PER ® Corps 5' 21* Fill /Diverted Stream Creek ® INT ❑ DWQ S10 ( #8) ® P ❑ T Road Crossing- UT to Lick ❑ PER ® Corps 3' 115 Culvert Creek ® INT ❑ DWQ S11 ( #9) ® P [:IT Road Crossing- UT to Lick ❑ PER ® Corps 3' 30 Culvert Extension Creek ® INT ❑ DWQ 3h Total stream and tributary impacts 784 31 Comments *The permanent rill- diverted stream totals 111 linear feet, of those 90 linear feet will be restored. This 21 linear foot total is the 111 LF — 90 LF = 21 LF (see sheet BE -8 for details). All bold typed impacts require compensatory mitigation. Page 5 of 15 PCN Form — Version 1 3 December 10, 2008 Version 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 individ ally list all open water imp acts below 4a 4b 4c 4d 4e Open water impact Name of waterbody number — (if applicable) Type of impact Waterbody type Area of impact Permanent (P) or (acres) Temporary T 01 ❑P ❑T 02 ❑P ❑T 0. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then com lete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Floo Filled Excavated Flooded Filled Excavat ca Flooded dlo ed P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction Page 6 of 15 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 6a. ® Neuse El Tar-Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 ( #1) ® P ❑ T Sanitary Sewer - Parallel UT to Lick Creek Z Nos 9131 11294 62 ( #1) ®P [:1 T Sanitary Sewer- UT to Lick El Yes 1888 1383 Perpendicular Creek ® No B3 ( #1) ® P ❑ T Pedestrian Trail UT to Lick Creek ® Yes s 471 0 B4 ( #2) ® P ❑ T Bypass channel UT to Lick Creek ® Yes s 1007 897 B5 ( #2) ® P ❑ T Pedestrian Trail UT to Lick Creek ® Yes s 0 1860 B6 ( #3A) ® P ❑ T Sanitary Sewer- Parallel UT to Lick Creek ® Yes s 0 1137 B7( #3A) ®P El T Sanitary Sewer- UT to Lick El Yes 1810 899 Perpendicular Creek ® No 68 ( #3A) ®P El T Pedestrian Bridge & UT to Lick El Yes 557 462 Trail Creek ® No B9 ( #3B) ® P ❑ T Sanitary Sewer - Parallel UT to Lick Creek ®❑ Nos 6364 6483 B10 ( #3B)® PEI T Sanitary Sewer- UT to Lick El Yes 3993 533 Perpendicular Creek ® No B11( #36)® P ❑ T Pedestrian Trail UT to Lick Creek ® Yes s 0 408 612(#4)® P ❑ T Sanitary Sewer- Parallel UT to Lick Creek Z Nos 6525 7101 613(#4) ®P [:1 T Sanitary Sewer- UT to Lick ❑ Yes 1916 851 Perpendicular Creek ® No 614(#4) ®P ❑ T Pedestrian Bridge & UT to Lick El Yes 360 16 Trail Creek ® No B15( #5)® P ❑ T Road Crossing UT to Lick Creek El No 8595 6280 B16( #6)® P ❑ T Sanitary Sewer- Parallel UT to Lick Creek ® Yes ❑ No 92 793 617( #6) ®P El T Sanitary Sewer- UT to Lick El Yes 2246 1416 Perpendicular Creek ® No B18( #6)® P ❑ T Pedestrian Trail UT to Lick Creek ® Yes s 364 11 B19( #6)® P ❑ T Bypass channel UT to Lick Creek ® Yes s 267 0 B20( #7)® P ❑ T Road Crossing UT to Lick Creek Z Nos 7849 5290 B21( #8) ® P ❑ T Road Crossing UT to Lick Creek ® Yes s 6790 4586 622( #9) ®P ❑ T Road Widening- Culvert UT to Lick El Yes 1718 2681 Extension Creek ® No Page 7 of 15 B23( #10) ®P [:1 T Sanitary Sewer- Perpendicular UT to Lick Creek El Yes ®No 231 747 6h Total buffer impacts 62,174 55,128 61 Comments All bold typed impacts require compensatory mitigation. Page 8 of 15 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 applicant contracted with S &EC to complete a wetland and Neuse River Buffer evaluation for the property in order to Identify the natural resources so that the project designers could design a site plan that would minimize impacts to wetlands, streams and riparian areas to the maximum extent practicable It's important to note that this project previously received approvals from the Division of Water Resources (previously known as the Division of Water Quality) and the City of Durham back In 2008 Additionally the project received approvals from both the Division of Water Resources and the US Army Corps of Engineers ►(USACE) n 2014 The project has lain dormant since 2008 because of the economy The project was revitalized by the Forever Homes, LLC back in mid -2012 Considering the fact that the project had received previous approvals from the City of Durham, the Division of Water Resources (DWR),and the USACE, the applicant wanted to keep the infrastructure similar to what had previously been reviewed and approved Therefore, the current redesigned site plan has kept the same road alignments, however the sanitary sewer alignment has changed The redesigned project Includes four (4) impact areas associated with road Infrastructure. Impact 1 is a proposed road crossing to an intermittent stream This proposed crossing will result ►n 137 linear feet of permanent impact and 10 linear feet of temporary impacts. The permanent impacts are necessary to provide access from Leesville Road to the northern portions of the property. This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream and riparian buffer Impacts The temporary impacts are necessary for the construction of the road crossing, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the culvert Impact 7 is a proposed road crossing to a perennial stream. This proposed crossing will result in 262 linear feet of permanent stream Impacts The permanent impacts are necessary to provide access to the western portion of the property from the Doc Nichols Road entrance. This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream and riparian buffer impacts As per the project engineer, the original design and arch span was required due to the massive amount of fill over the pipe necessary for the road construction As part of the redesign, the road profile has been lowered substantially, resulting in much less depth of fill allowing the use of a more standard box culvert. In addition at Impact 7, 111 linear feet of intermittent stream will need to be filled to accommodate the southern retaining wall at the culvert crossing Of these 111 linear feet, 90 linear feet of intermittent stream will be relocated and aligned to flow into the main perennial stream just south of the culvert crossing Impact 8 is a proposed road crossing to an Intermittent stream. This proposed crossing will result in 115 linear feet of permanent impact The permanent impacts are necessary to provide access to the southwestern portion of the property from the Doc Nichols Road entrance This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream and riparian buffer impacts Impact 9 is a proposed culvert extension on an intermittent stream This proposed culvert extension will result in 30 linear feet of permanent impacts The permanent impacts are necessary for road widening required for the subdivision entrance, required by the City of Durham The redesigned project Includes five (5) Impact areas associated with sanitary sewer crossing streams It's important to note that the previous approvals authorized eight (8) sanitary sewer crossings, therefore the new design has minimized the number of overall stream crossings Impacts 1, 3A, 3B, 4 & 6 are all proposed sanitary sewer crossings, two (2) areas are temporary impacts to perennial streams and three (3) are to intermittent streams with associated riparian buffer impacts All proposed utility crossings have been designed to cross the stream at a perpendicular angle, all Impacts will be brought back to original stream bed elevation and the banks will be stabilized post construction of the utility crossing The redesigned project also Includes six (6) areas of buffer impacts associated with parallel sanitary sewer, and one (1) perpendicular stub Impacts 1, 3A, 3B, 4 & 6 are all parallel buffer impacts to Zones 1 & 2 of the Neuse River Buffers Due to the topography of the site, the gravity sewer outfall has been placed within areas of the riparian buffers that are resulting in parallel buffer impacts in order to provide a reasonable depth of sewer To move the sewer out further from the stream would greatly increase the depth and increase the need for additional clearing beyond the limits of the proposed easement The parallel riparian buffer impacts have been minimized to the maximum extent practicable In addition, riparian buffer mitigation is being proposed for all parallel impacts within Zone 1 of the Neuse Rive Buffer Impact 10 is a stub for a future sanitary sewer connection Installation of this stub section now (with a plug at the inlet), allows for no interruption in wastewater service when the site is connected to a future gravity outfall And finally, this project Includes three (3) areas of buffer impacts associated with bypass channels Impacts 2 & 6 are bypass channels that impacts Zones 1 & 2 of the riparian buffer for proposed stormwater ponds All bypass channels have been designed to enter the stream at an angle to allow for a smooth convergence Page 9 of 15 PCN Form —Version 1 3 December 10, 2008 Version lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Per the project engineer, the entire site is subject to Durham County Erosion Control regulations and has been permitted in accordance with those requirements Silt fencing and silt fence outlets will be incorporated at every stream crossing to prevent erosion during construction 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ® Yes ❑ No 2b If yes, mitigation is required by (check all that apply) ® DWQ ® Corps 2c If yes, which mitigation option will be used for this project? ® Mitigation bank ®Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank EBX Sponsored Banks EBX -Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX -EM sponsored Forrest Creek Mitigation Bank, both allocated in HUC 03020201 3b Credits Purchased (attach receipt and letter) Type Riparian Buffer Stream Quantity 133,023 273 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ® Yes *RECEIPT ATTACHED 4b Stream mitigation requested 292 linear feet 4c If using stream mitigation, stream temperature ® warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) 0 square feet 4e Riparian wetland mitigation requested 0 acres 4f Non - riparian wetland mitigation requested 0 acres 4g Coastal (tidal) wetland mitigation requested 0 acres 4h Comments *Please note that these stream credits have been paid, receipt attached. 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 10 of 15 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 requires ® 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) Sanitary Sewer- Parallel Zone 1 Impacts within Zone 1 & 38,556 3 (2 for Catawba) 115,668 Road Crossing Zone 2 Road Crossing 11,570 1 5 17,355 6f Total buffer mitigation required: 133,023 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) Payment into a private mitigation bank, please see Section D 3 and attached credit reservation letters from Resource Environmental Solutions, LLC (formally EBX) 6h Comments Page 11 of 15 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? 1 b If yes, then is a diffuse flow plan included? If no, explain why Comments The stormwater management plan (SMP) has been submitted to the City of Durham for review and anticipated approval This SMP Includes Stormwater ® Yes ❑ No Control Measures (SCM) to meet the diffuse flow requirements Once approved by the City, the Applicant will provide a copy of the plan and Approval to the DWR for their files 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 27% 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 Ten (10) stormwater ponds are being provided for this development for detention purposes Per direction from the City of Durham, the ponds are being incorporated to detain the 1, 2 and 10 year storms to pre- development conditions To provide nutrient removal, several level spreaders and engineered filter strips are also included The Applicant requests that a conditional 401 Approval be provided requiring the submittal of the SMP Approval and a copy of the final plan to be submitted to the DWR once received by the City of Durham ® Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Durham ® Phase II ® NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ® Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No S. DWQ 401 Unit Stormwater Review Page 12 of 15 PCN Form — Version 1 3 December 10, 2008 Version 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 13 of 15 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)? 1c 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 ❑ Yes ❑ No letter) 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 26 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 We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2 1 The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silwcultural operations The Laurel Grove project is a residential development It is important to note that the project is located within Durham County's ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers, 2) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to `diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved, and finally 3) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management requirements We anticipate that the DWR will advise us if any additional information is needed 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 This project will connect to the City of Durham's Sanitary Sewer System The Durham Public Works Department will ensure that capacity of their treatment facility will not be exceeded Page 14 of 15 PCN Form — Version 1 3 December 10, 2008 Version 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? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A file search at the Natural Heritage Program was conducted by David Cooper, previous employee of S &EC in August 2012 Results indicated that there are no federally listed or otherwise rare species documented to occur within the project boundaries Two federally protected species (Michaux's Sumac and Bald Eagle) are documented by NHP to occur within a 5 -mile radius of the property Several Significant Natural Hentage Areas and other elemental occurrences of rare plants and animals are located within a 5 -mile radius of the property In 2015, S &EC completed a Natural Heritage Program Database Search for the Southeast Durham Topographic Quad map, the search resulted in no Federally listed threatened or endangered species 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The proposed project is in Durham County, which is not near any coastal or tidal habitat that would support EFJ (i e salt marshes, oyster reefs etc) 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? S &EC completed an online GIS record check maintained by the State Historic Preservation Office (SHPO) and identified a structure on the property that was on the Study List (SL) The Fendel Bevers House has been determined by the State H►stonc Preservation Office (SHPO) to be eligible for inclusion in the National Register of Historic Places Therefore, a Memorandum of Agreement (MOA) has been prepared and signed by the USACE, SHPO, Preservation Durham, and the applicant to address this property This MOA has been tiled with the Advisory Council on Historic Preservation. A copy of the MOA is attached to the 404 venf►cation. In 2015, updates to the MOA were agreed upon by SHPO and the permittee, please see attached letter dated May 18, 2015 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplam? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements N/A 8c What source(s) did you use to make the floodplain determination? NC Floodpla►n Mapping Information System Deborah E. Shirley June 4, 2015 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from t applicant is provided Page 15 of 15 Environmental Consultants, 8412 Fads of Neuse Road, Smte 104, Raleigh, NC 27615 • Phone (919) 846 -5900 sandec com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name /Description Fendol Farms (aka Sierra) S &EC Project # 8781 Date. 4/7/15 The Department of the Army U S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn. Enc Alsmever Field Office: Raleigh Regulatory Field Office I, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S &EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S &EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S &EC staff. You should call S &EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0769 -01 -29 -3411 Site Address: 5713 Leesville Road City, County, State- Durham, North Carolina PROPERTY OWNER INFORMATION. Name RREF II -FH Sierra LLC Mailing Address 2840 Plaza Place, Suite 360, Raleigh, NC 27612 Telephone Number see attached signature block Property Owner (please print) See attached Property Owner Signature Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Environmental Consultants, 8412 Fails of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone (919) 846 -5900 sander com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name /Description: Fendol Farms (aka Sierra) S &EC Project # 8781 Signature Block RREF II -FH NC Sierra, LLC, a Delaware limited liability company By: RREF II -FH Sierra JV Member, LLC, a Delaware limited liability company, its Manager By: Rialto Capital Advisors, LLC, a Delaware limited liability company, Its attorney in fact LIN a6ty w & ` ✓ 4/7/15 Name: Aimee Carlson Title: Director fi 6 9 Project Area a 0 Project No. 1:24,000 USGS 8781.W14 Topographic Quadrangle Project Mgr.: Sierra Tract 13Z Durham County, NC Scale: I " = 2.0001 5outhea5t Durham Quad 712412012 � - WEI 0 Project No. 1:24,000 USGS 8781.W14 Topographic Quadrangle Project Mgr.: Sierra Tract 13Z Durham County, NC Scale: I " = 2.0001 5outhea5t Durham Quad 712412012 0 MHAII Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846.5900 - (919) 846.9467 Web Page: www.SandEC.com ALT 35 WA 4; 7-.A ME North Carolina Department of Environment and Natural Resources Pat McCrory Governor Bob Zarzecki Soil & Environmental Consultants, PA 11010 Raven Ridge Rd Raleigh, NC 27614 Division of Water Quality Charles Wakild, PE Director February 27, 2013 John E Skvada, III Secretary Subject: Surface Water Determination Letter NBRRO# 12 -249 Wake County The Raleigh Regional Office of the NC Division of Water Quality /Surface Water Protection Section conducted a site visit at the subject property and is providing the below - listed determination pursuant to your request for a formal surface water determination BASIN ® Neuse (15A NCAC 26 0233) ❑ Tar - Pamlico (15A NCAC 2B 0259) ® EphemeralAntermlttent/Perennial Determination ❑ Isolated Wetland Determination Project Name- Sierra Tract Durham (Falls Lake) Location/Directions. Subject property is undeveloped tract(s) located north of Leesville Rd and east of Doc Nichols Rd in Durham County. Previous determinations have been made on these properties separately This determmation combines previous determinations with 2012 field evaluations to provide comprehensive determination for entire project Subject Stream UT's to Lick Creek Date of Determination: October 10, 2012 and December 19, 2012 Feature E/1/P* Not Subject Subject Start@ Stop 40 Stream Form Pts Soil Survey USGS To o Al I X Flag Al X A2 P X Confluence with D X X B X C X D I X Flag D3 Confluence with A ` Carolina 'rrt a4l North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet www nmaterqualdy, org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 571 -4718 1- 877 - 623 -6748 An Equal Opportunity/Affirmative Action Employer -50% Recycled110% Post Consumer Paper Sierra Tract Durham Durham County February 27, 2013 Page 2 of 3 Feature E/UP* Not Subject Subject Start@ StopC Stream Form Pts. Soil Survey USGS To o E I X Flag E1 F I X Flag F3 X G E X X Hl I X Flag HI X H2 P X Confluence with F X I I X Flag I1 J E K I X Flag Kl L I X Flag L1 X M I X Flag M 1 X N I X Flag NI X O E X X P I X Flag P1 I I X Throughout X Q1 E 2 E R I X Flag R1 S E X 180 X T I X Flag T4 X TI I X Flag TI U I X Flag U1 X V I X Flag V2 W(1) I X Flag WI Flag W2 >19 X X W(2) I X Flag W3 Flag W4 >19 X X X E X X Y I X Flag Y I X Z I X FIM Z1 X AA 1 X I lag AA! BB E X X CC I X Flag CCOI DD -- X - -- EE E X X X FF I X Off Property Property Line X GG I X Off Property Property Line X X HH E X X H E X X *EiIIP = EphemerallIntermitten tIPerennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North Carolina or the most recent copy of the USGS Topographic map at a 124,000 scale Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Arm) Corps of Engineers and/or to the Division of Water Quality. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected Sierra Tract Durham Durham County February 27, 2013 Page 3 of 3 party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c10 Karen Higgins, DWQ Wetlands /401 Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919) - 807 -6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 544 -4884. Respectfully, c Martin Ricl and Environ n taI Specialist cc RRO /SWP File Copy SIERRA (S&EC 8781) DWQ On-site Stream Determinations October 10, 2012 & December 19, 2012 On October 10, 2012 and December 19, 2012, N&. Martin Richmond of the N.C. Division of Water Quality (DWQ) conducted on -site stream determinations with Mr. Bob Zarzecld of Soil & Environmental Consultants, PA (S &EC) at the SIERRA development property. Mr. Richmond's confirmed determinations are provided in Table I below and the attached maps. Table 1— DWQ Confirmed Stream Determinations: Label Start USGS Soil Subject to Intermittent Notes* Flag Survey Neuse Buffers or Perennial A Al No* Yes Yes DWO I *Shown on USGS at determined to confluence with off -site be intermittent stream, DWO lowered the from flag Al to origin (flag AD confluence av2roxim1tg1y 10 feet from the odaival flag location with stream MIA perennial below this I confluence B n/a No No No n/a Ephemeral; C n/a No No No n/a Ephemeral; D D3 No No No Intermittent Very Short Section before + I confluence with Feature E El No—T No No Intermittent Vury Short Section before confluence with "F"; Only "F" shown on Soil Survey F F3 No Yes Yes Intermittent DWQ ddammned that stream "F" begins at flag "F3" and is Mhemond above this flag. (fla sg=F l" and "F2" were removed G n/a No Yes No n/a Ephemeral, H H1 No* Yes Yes DWO Not shown on USGS until Iietermined to below confluence with "A"; be intermittent from flab; Hl to confluence with stream 679 & ggMgjal below this confl I I1 No No No Intermittent Not on s J n/a No No N n/a Ephemeral, Not on Mans w. SIERRA (S&.EC 8781) DWQ On -site Stream Determinations October 10, 2012 & December 19, 2012 Label Start USGS Soil Subject to Intermittent Notes* Flag Survey Neuse Buffers or Perennial K Kl No No No intermittent Not on s; L Ll No Yes Yes Intermittent M Ml No Yes Yes Intermittent N NI No Yes Yes Intermittent O - No Yes No n/a DWO determined stream "0" to be cphemeral on and within 50 feet of the lPe-, fflu "02" was removed P P1 No No No Intermittent Not on Q n/a No Yes Yes Intermittent No flag, begins off property at road culvert 1 91 No No No n/a E hem 2 Q2 No No No n/a Ephemeral; R RI No No No Intermittent S S l No Yes NQ n/a; Shown on early 2008 application exlubits, but without buffers; not shown at all on final 2008 application exhibits, DWO determined to be ephemeral with a calculated score of ] 8.0 oints T T4 No Yes Yes Intermittent Start Intermittent channel C "74'; DWO determined all channels above flag "T4" to W ephemeral, (flues T2. T3, & T5 were remov TI TI No No No Intermittent Intermittent at confluence of two ephemeral channels U Ul No Yes Yes Intermittent V VI; V2 No No No Intermittent Start at "V2 "; marginal up to "V I"; Not evaluated by DWQ smce not on maps, W Wl -W29 Yes Yes* Yes Intermittent Start at "WI ", stop at "W2 ", W3 -W4 "W I -W2" & restart at "W3, stop at 6'W3 -W4" "W4 "; NOT subject above "W 1 ", between "W2 -W3 ", or belonino rth of "W4" X n/a No Yes Ng n/a DWO determined to be ephemeral. (U "X1" was ved i SIERRA (S&EC 878 1) DWQ On -site Stream Determinations October 10, 2012 & December 19, 2012 Label Start USGS Soa1 Subject to Intermittent Notes* Flag Survey Neuse Buffers or Perennial Y Y 1 No Yes Yes Intermittent Z Z1 No Yes Yes Intermittent AA AM No No No Intermittent BB n/a No Yes No n/a Ephemeral; Not subject, no buffers shown in 2008 lication CC CC01 No No No Intermittent Not on maps; DD n/a No No No n/a Not on maps, Thick vegetation w/ marginal channel above wetland to be evaluated by USACE; EE n/a Yes Yes No Ephemeral Ephemeral; Not su "ect FF n/a Yes No Yes Intermittent Pond & Channel (as shown on Determined Subject by sketch map) DWQ in May 26,2006; however, stream stops at property line; 00 n/a Yes Yes Yes Intermittent Pond & Channel (as shown on Determined Subject by sketch map) DWQ m May 26,2006; however, stream stops at -property line Y Ephemeral; HH n/a No Yes No n/a If n/a No Yes loo n/a Ephemeral; Determined Not Subject by DWQ in May 26 2006 IV v ff or -=mop— lmmmmp� ww r AV I]r x its gj e go 104, VITT. I..." r al }�' ��i��,�.�. 'sue .. �� _iC� S& EC 1 Legend V i Overall Evaluated --'` • _ " r_ f Intemai Property Boundaries ,r�?. !� /� r"''. ?t + �_ •'� ` r JrrlsdkXtor,sl Start/Stop Points intermittent Stream (No Buffer, not f �+ on maps) � .�! ' r�~.�y:- r► • . •.: .•l Perennial Stream (Buffered) Intermittent Stream (Buffered) Pond OZ,tr Jurisdictional Wetland Boundary r'�J •�'' •:i"! 1 i`�` �yrt, 60 -Foot Buffers 1 � ` •' .` Minor Contour (2 -Foot) Migor Contour (10 -Foot) Str+er:n and Wetland Evalua w pwfomwd ��l it �• Ir �:'r } ,., ,,!ia O by 8WC between 7/Y6f2012 and 7/31f26IZ •�;� ! (� . a •.1 } Y �: ' Jurisdicdoco ral start and atop patrds and Weohed wetland flaps vane QP84anded :�;if � � : J i f '�. j j` '' J for reference in =w@M tlYs sks oh map. This b not a survey. All streams and buRe,a have beer, veARed by MC -0WQ Wetlands haw been verified by the t +, t ' ' • r.. USACE wwq* features YJ and EE. "` �^ `� ��• _ ��`•' ' tir '. " T--.:� ip 1::5,'�1`y� - _ _^, :� -•� .�t} �`. �,' .,.•` •7 7 frJd�` /i'r :ice- ''• 11,�.�t t r '-��,' i •i +� ��_• �•. l %' i' %• t %��` f f .fi l n". �•�'Ji': �'ij a�'' �j t i. � a.:li i �� `•t. ^ ProJeat fro. DWO Cln -5tte Determmaboi ale I . W 16 Map 12/20/2012 ftJed %*.: 5ierra Tract B3Z Durham County, NC Scale: I' — Goa 2.1b at 7opegr o a Cartawm from MCDOT (s5 12J2Q1 t 2 Soil & Enviro merttxl Comeulhnfk PA 11010 Raven M* ltd• ion, W M`14 (610) - W) 818.9187 Web Papa: a&W.8ar clim.00rn .r .l -W Ae i- IW -qrr �yr A 49I • IL AF .er t I.Ib• 1` 4 en ID A9V O� 5•� a'1�+ ' Y 1 ID Ila II �! i J �J '�r •f ��,� A � it �` / � - • - t S& EC Mr Jerry Radman East Durham Land Company, LLC 201 Shannon Oaks Circle Raleigh. NC 27511 Michael F LasleN Gutunui William G Ross Jr Sterttar% North Carolina Department of Environment and Natural Resources August 6, 2008 Coleen H Sullins Director Division of Water Quaht. DWQ Project # 07 -2022, Ver 2 Durham County Subject Piopem Sierra Subdivision Ut to Lick Creek [030401. 27 -11 -(1 5), WSIV, NSW, CA] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED Dear Nlr Radman You have our approval. in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0 274 acres of 404 /wetland (temporary impact), 361 linear feet of perennial stream (295 linear feet permanent, perennial stream impact, and 66 linear feet, temporary, perennial stream impact). and 58,985 square feet of Zone i Neuse River basin protected riparian buffers, and 89,303 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your revised application dated May 28, 2008, and received by the Division of Water Quality (DWQ) on May 29, 2008, with additional information received from you on June 9, 2008, and June 17, 2008, to construct the residential development at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705) The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE) This Certification replaces the Certification issued on June 17, 2008. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B 0233 In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application If you change your project, you must notify us and you may be required to send us a new application if the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Oversight/Express RcvicA Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250, Raleigh North Carolina 27604 Phone 919- 733 -1786 / FAX 919- 733 -6893 / Internet hap //12o enr statc.nc.us/ncwetlands An Equal Opportunity /Aflirmativt Action Employer — 509/o Recycled/ 10% Post Consumer Paper N�on�`1iCaro�na laturatly Cast Durham 1 and C ompan) LLC Page 2 of 6 August 6, 2008 The Additional Conditions of the Certification are: I Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Type of Impact Amount Approved Units Plan Location or Reference 404 /Wetland 0 274 acres - tem ora PCN page 8 of 13 Stream - perennial 361 [(linear feet) 295 linear feet PCN page 8 of 13 permanent, perennial stream r impact. 66 linear feet, temporary, i perennial stream im act ] ' Buffer -- Zone 1 _ 58,985 (square ft PCN page 12 of 13 Buffer — Zone 2 89,303 (square ft 1 _ PCN page 12 of 13 _ 2 No Waste. Spoil Solid-, or Fill of An) Kind No waste. spoil, solids, or fill of any kind shall occur in wetlands. waters. or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 3 Erosion and sediment control practices must be in full compliance with all specifications go,.cming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 4 Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project, 5 Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained. jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer Last lDuiham I and Company LLC Page 3 of 6 August 6, 2008 impact These mechanisms shall be put in place at the time of recording of the property, of of individual lots, whichever is appropriate A sample deed notification can be downloaded from the 401 'Wetlands Unit web site at http //h2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as appropriate to suit to this project 6 Protective Fencing The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to an) land disturbing activities to ensure compliance with 15A NCAC 2B 0233 and GC3705, Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http / /www nedot org/doh /operations /BMP manual /download /BMP Manual pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered Existing stream dimensions (including the cross section dimensions. pattern and longitudinal profile) must be maintained above and below locations of each culvert Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams It any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s) Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert Culvert(s) must be installed according to approved plans Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches. and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions Fast Dui ha:n Land Company LLC Page 4 of 6 August 6 2008 Upon completion of the project the Applicant sliall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 6401 Certification has been completed The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project Please send photographs upstream and downstream of each culvert site to document cart ect installation along o ith the Certificate of Completion for m M ►tgat►on 8 Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the propowd impacts as specified in the table belo-VN We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DWQ to be a suitable method to meet the mitigation requirement Until the EEP receives and clears your check (made payable to- DENR — Ecosystem Enhancement Program Office). no impacts specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 733 -5205 if you have any questions concerning payment into a restoration fund You have 60 calendar days from the date of this approval to make this payment For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Type of impact Compensatory Mitigation Required River and Sub -basin Number Stream (perennial) 295 (Imear feet ) Neuse /03020201 Buffers Zone 1 23.493 (acres) Neuse /03020201 9 Stormwater Management Plan Implementation Procedures (Further Approval Needed) SMP approval and implementation procedures shall be as follows • The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the project is subject to another state stormwater program, a copy of the approval letter and approved SMP must be submitted before any impacts authorized in this certification occur • If a development is phased, then the SMP for each future phase must be approved by the 401 Oversight/Express Unit or, if the project is subject to another state stormwater program. a copy of the approval letter and approved SMP must be submitted before any site grading associated with that phase may occur Future phases must comply with the stormwater management design requirements in place at the time they are submitted for approval • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site If a development is phased, then the approved SMP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied • The approved SMP as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the SMP approval authority If the SMP falls under another state stormwater program, then a copy of the approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the commencement of the modifications Last Uurnain i -an® t-ompany Li � Page 5 of 6 August 6 2008 10 Diffuse Hov, (DWQ Reviewed Plans) All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B 0233(5) The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners An Operation & Maintenance (O &M) agreement signed by the current landowner must be approved b} the DWQ This O &M agreement must transfer with the sale of the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified of every transfer 1 1 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adludicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N C 27699 -6714 This certification and its conditions are final and binding unless you ask for a hearing Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G S 150B This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919 -733 -1786 Sincer , AColleen H Sullins Fast Durham Land C on,pany, LLC Page 6 of 6 August 6 2008 CHS /ism l.nclosures GC3705 Certificate of Completion cc USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files John F Schrum. Horvath Associates. P A, 16 Consultant Place, Suite 201. Durham N( 27707 Filename 072,122Vcr2SierreSD (Durham)401_NBR_Re%i�ed Mi0del F I asle� Goscnwr William 6 Russ Jr , Secretars North Ca,ulma Departme -it of I nvironmi.ni and Natural Resource North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Culi,en II Sullins, Dim, W' inn ision of Water Quahtl In accordance with 15A NCAC 2H 0500, Mr Jerry Radman and the East Durham Land Company, LLC have permission to fill or otherwise Impact 0 274 acres of 404 /wetland (temporary Impact), 214 linear feet of perennial stream (148 linear feet permanent, perennial stream impact, 66 linear feet, temporary, perennial stream impact) 348 linear feet of intermittent stream and 21,709 square feet of Zone 1 Neuse River basin protected riparian buffers, and 13,187 square feet of Zone 2 Neuse River basin protected riparian buffers, to construct the proposed Sierra subdivision, which Is located at the intersection of Leesville Road and Doc Nichols Road, located in Durham Durham County, North Carolina All activities associated with these authorized impacts must be conducted with the Londnions listed in the attached Permit transmittal letter THIS CERTIFICATION iS N01 VALID WITHOUT THE ATTACHMENTS COMPENSA CORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJEC 1 0 20072022, Ver 2 LOCA110N Durham COUNTY Durham BASiN/ SUB BASIN Neuse /03020201 As required by i5A NCAC 2H 0500, and the conditions of this Certification, you are required to compensate for the above mttigable Impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 211 0503(b) i Impacts Mitigation 295 Linear Feet of Perennial Stream Impact 1295 Linear Feet of Perennial Stream Impact 7.831 Sauare Feet Zone 1 Buffers 123,493 Square Feet Zone 1 Buffers One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fwd per NCAC 2R.0503 If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of this form PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N C 27699 -1652 (919) 733 -5205 Filename 072022Ver2SierraSD(Durham)401 NBR_EEP NJ p►Or]r`t�itCarohna 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh North Carolina 27699 -1650 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Phone (919) 733 -1786 / Fax (919) 733 -6893 Internet http / /www newaterquality org An Equal Opportunity /Affirmative Action Empio)er — 50% Recycled/10% Post Consumer Paper J.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW- 2013 -01687 County Durham U S G S Quad NC- SOUTHEAST DURHAM GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee ForeverHome, LLC r 1 Larry Lippincott Address 2840 Plaza Place, Suite 360 l� FEB 242014 t=1 Raleigh, NC, 27612 Telephone Number 919.870.9711 By S nl PA j Size (acres) 184 Nearest Town Durham ' Nearest Waterway Lick Creek UT River Basin Upper Neuse. North Carolina. USGS HUC 03020201 Coordinates Latitude 35.9508 Longitude -78 7875 Location description Phase 1 - approx.184 acre portion of approximately 419 acres on the east side of Doc Nichols Road, north of Leesville Road, southeast of Durham, NC Description of projects area and activity Sierra Phase 1 Residential development impacting 803 linear feet of stream for road crossings and sanitary sewer line crossings. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbois Act, 33 USC 403) Authorization Regional General Permit Number or Nationwide Permit Number NWP 29 Residential Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 January 15, 2014. 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 authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide pernut 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 permit duthonzation 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 permit, will remain authorized provided the activity is completed witlun twelve months of the date of the nationwide pernut'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 Quality (telephone 919- 807 -6300) to deteimnine Section 401 requirements 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 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers rcgulatory program, please contact Eric Alsmeyer at 919 -554 -4884 x23 or Eric.0 AlsmeyerRusace.armv.mil SPECIAL CONDITION. The peimmttee shall abide by all stipulations identified in the Memorandum of Agreement between the United States Army Corps of Engineers and the North Carolina State Historic Preservation Officer, executed January 6, 2014, copy attached c Corps Regulatory Official Expiration Date of Venfication 03/18/2017 Date 02/20/2014 SAW - 2013 -01687 Determination of Jurisdiction: A ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) B ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requnements of Section 10 of the Rivers and Haibors Act and Section 404 of the Clean Water Act 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 C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Watei 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 fiom the date of this notification D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference Jurisdictional determination issued Action ID SAW- Basis For Determination: The property contains relatively permanent waters, with indicators of ordinary high water marks, stream channels of unnamed tributaries of Lick Creek, and abutting wetlands. Lick Creek is a tributary of Falls Lake, a Traditional Navigable Water. Remarks: This JD was confirmed by field inspections on 11/20 and 12/3/2012; and 8/1/2013. The survey on the attached Sheets 141, "WETLAND DELINEATION FOR SIERRA TRACT ", sealed on 02/03/14, accurately depicts the jurisdictional waters of the US on the property E. Attention USDA Program Participants This delmeation/determination has been conducted to identify the limits of Corps' Clean Water Act Jurisdiction for the particular site identified in this request The delmeation/deternrination 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 fiom the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved Jurisdictional determinations as indicated in B and C above) This correspondence constitutes an approved Jurisdictional determination for the above described site If you object to this determination, you may request an adnunistrative 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 subnut a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 30303 -8801 Phone (404) 562 -5137 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 3315, 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 4/20/2014 * *It is not necessary to submit an RFA fo to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Eric Alsmeyer Date of JD 2/20/2014 Expiration Date of JD 2/20/2019 SAW-2013-0168 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 online at http / /regulatory usacesurvey corn/ Copies furnished (with enclosures) Owner Sierra Land, LLC J Loftin, Jr. Address 8310 Bandford Way Ralewh, NC, 27615 Telephone Number 919.781.3744 Agent Soil and Environmental Consultants Inc_. Deborah Shirley 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 919 846.5900 Action ID Number: SAW- 2013 -01687 County: Durham Permittee: ForeverHome, LLC Larry Lippincott Project Name: ForeverHome /Sierra tract Date Verification Issued: Project Manager: Eric Alsmever 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: Eric Alsmeyer US Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 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 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant Foreverllome, LLC; Larry Lippincott File Number SAW- 2013 -01687 Date 2/20/2014 Attached is See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of ermission ) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DFTERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an adnninistrative appeal of the above decision Additional information may be found at or http / /www usace army iniUMissions/CivilWorks/Re ilatorvProgramandPenmts aspx or the Corps regulations at 33 CFR Part 331 A INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT If you received a Standard Pemut, you may sign the pcnnit document and return it to the district for final engineer authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the pewit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit • OBJECT If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the pen-nit be modified accordingly You must complete Section 11 of this form and ret uri the form to the district engineer Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the pennit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the pennit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pen-nit having determined that the permit should be issued as previously written. After evaluating your objections, the distract engineer will send you a proffered pen-nit for your reconsideration, as indicated in Section B below B: PROFFERED PERMIT: You may accept or appeal the permit _� —�- e ACCEPT If you received a Standard Peniut, you may sign the permit document and return it to the district for final engineer authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional detemmmations associated with the permit • APPEAL If you choose to decline the proffered pen-nit (Standard or LOP) because of certain tenns therein, and conditions you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice C: PERMIT DENIAL You may appeal the denial of a pernut under the Corps of Engineers Aduunistrative Appeal Process by completing Section II of this form and sending the fomr to the division engineer This form must be received by the division engineer within 60 days of the date of this notice D: APPROVED JURISDICTIONAL DETERMINATION. You may accept or appeal the approved JD or provide new information • ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD • APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps Engineers of Administrative Appeal Process by completing Section II of thus form and sending the form to the district engineer This form must be received by the division engineer within 60 days of the date of this notice E: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to tlus fonu to clan fy where your reasons or objections are addressed in the adir u istiative record ) ADDITIONAL INFORMATION The appeal is linuted to a review of the adnumstrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record However, you may provide additional information to clarify the location of infornlalion that is already in the administrative record POINT OF CONTACT FOR QUESTIONS OR INFORMATION If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact, also contact District Engineer, Wilmington Regulatory Division, Attn Mr. Jason Steele, Administrative Appeal Review Officer Eric Alsmeyer CESAD-PDO US Army Corps of Engineers, Wilmington District U S. Army Corps of Engineers, South Atlantic Division Raleigh Regulatory Field Office 60 Forsyth Street, Room 1OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303 -8801 Wake Forest, NC 27587 Phone: (404) 562 -5137 RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day notice of any site investigation, and will have the opportune to participate in all site invests yations Date Telephone number Signature of appellant or agent. For Permit denials, Proffered Permits and approped Jurisdictional Determinations send this form to: Division Engineer, Commander, U S Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone- (404) 562 -5137 MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY WHEREAS, ForeverHome, LLC, proposes to develop ForeverHome Sierra (the Development), a new residential community, which will impact the waters of the United States, and, WHEREAS, the Department of the Army, Corps of Engineers, Wilmington District (USACE) is considering issuance of a nationwide general permit (the Undertaking) to ForeverHome for Phase I of the Development pursuant to Section 404 of the Clean Water Act (33 C F R § 330), and, WHEREAS, Phase I of the Development is approximately 180 acres at the northeast comer of Leesville Road (SR 1906) and Doc Nichols Road (SR 1908); and, WHEREAS, USACE determined, and the North Carolina State Historic Preservation Officer (SHPO) concurred, that the Fendel Bevers House (DH 2175), which is located cn the development site, is eligible for bsting in the National Register of Historic Places (NRI IP), and, WHEREAS, USACE determined that the Development will iequire the removal of the Fendel Bevers House from its historic location, adversely affecting historic properties; and, WHEREAS, USACE consulted with the SHPO puusuant to 36 C F R. § 800, regulations implementing the National Historic Preservation Act (16 U S.C. § 470(fl); and, WHEREAS, USACE and the SHPO invited ForeverHome and Preservation Durham to participate in the consultation and to concur with this Memorandum of Agreement (MOA), and, WHEREAS, USACE, in accordance with 36 C.F.R § 800 6(a)(1), notified the Advisory Council on FLstoric Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP chose not to participate in the consultation paisuant to 36 C F R § 800 6(a)(1)(m), NOW, THEREFORE, USACE and the SHPO agree that the Undertaking shall be implemented vi accordance with tt,e following stipulations to take into account the effect of the Undertaking nn historic properties 1 t"' it Kr." j.: ForeverHome Sierra ER 12 -2161, Durham County STIPULATIONS USACE shall include the following conditions in any permit issued for the Development I. Documentation of the Fendel Bevers House Within fifteen (15) days of the issuance of the USACE permit, ForeverHome shall photographically record the Fendel Bevers House and its immediate surroundings in accordance with the attached Recordation Plan (Appendix A), and submit the documentation to the SHPO The SHPO shall review the documentation and provide written acceptance or comment to all Signatory and Concurring Parties within fifteen (15) days of receipt Within three (3) months of the SHPO's acceptance, ForeverHome shall deposit one (1) final copy of the documentation with the SHPO, and shall make available one (1) final copy to the other Signatory and Concurring Parties Only upon the written acceptance of the documentation by the SHPO may the relocation or demolition of the Fendel Bevers House proceed II. Site Protection Within. ten (10) days of the execution of this MOA, orange construction fencing shall be placed a minimum of fifty (50) feet from the Fendel Bevers House. Constriction work - within this fenced area or that otherwise directly affects the Fendel Bevers House shall not begin until either Stipulation IV or V is completed. III. Advertising of the Fendel Bevers House A. ForeverHome shall advertise and offer the Fendel Bevers House to the public for relocation, at no cost, through Preservation Durham Within ten (10) days of the execution of this MOA, ForeverHome shall at a mm,,,,um- 1 Place areal estate sign on the development site along Leesville Road indicating that the Fendel Bevers House is available for relocation; and, 2 Advertise the Fendel Bevers House on the Preservation Durham website. B. ForeverHome shall have sole financial responsibthty for the advertising and marketing of the Fendel Bevers House. Any documented advertising of marketing costs incurred by Preservation Durham shall be fully reimbursed by ForeverHome C. ForeverHome shall make the Fendel Bevers House available to Preservation Durham to accommodate viewing(s) by prospective buyer(s), agent(s), and /or contractor(s) IV. Relocation of the Fendel Bevers House A Within twelve (12) months of the issuance of any USACE permit, the prospective buyer(s) shall notify Preservation Durham and ForeverHome of their interest in relocating the Fendel Bevers House and provide a written proposal, providing documentation on the new site and contractors to be used 1. Upon the receipt of this proposal, not less than thirty (30) days shall be allowed to finalize sale contract documents Page 2 of 8 ForeverHome Sierra ER 12 -2161, Durham County 2 The relocation of the Fendel Bevers House shall occur within sixty (60) days of the execution of the sale contract documents. If this sixty (60) day period after the execution of the sale contract documents and the twelve (12) month period after the issuance of any USACE permit have both elapsed without the prospective buyer(s) relocating the Fendel Bevers House, ForeverHome will notify all parties to this MOA in writing Then, any sale contracts may be voided and ForeverHome may demolish or deconstruct the Fendel Bevers House in accordance with Stipulation V below. B. The prospective buyer(s) of the Fendel Bevers House will be responsible for procuring the new site and contracting with a licensed house mover with experience relocating historic structures of a simtlar type The relocation of the Fendel Bevers House shall be in accordance with all applicable laws and regulations and with the National Park Service's Technical Report, Moving Historic BmIdings C Upon relocation of the Fendel Bevers House, ForeverHome will provide relocation expenses to the buyer(s) in the amount of the estimated demolition cost of the Fendel Bevers House or $15,000, whichever is greater, not to exceed a maximum of $15,000. D. If after twelve (12) months of the issuance of the USACE permit, no prospective buyers) have contacted Preservation Durham and /or ForeverHome, ForeverHome will notify the all parties to the MOA in writing and the Fendel Bevers House may then be demolished or deconstructed in accordance with Stipulation V below. V. Salvage, Reuse, and Demolition of the Fendel Bevers House If a potential buyer for the Fendel Bevers House is not found within twelve (12) months of the issuance of any USACE permit, ForeverHome shall submit a list of materials and a plan for their salvage and /or reuse to the SHPO The plan shall include at least two publically accessible features that creatively utilize reclaimed materials from the Fendel Bevers House; possible features include seating, tables, landscaping elements, or features in the amenity center This salvage /reuse plan may be submitted to the SHPO not sooner than nine (9) months after the issuance of the USACE permit The SHPO shall review the salvage /reuse plan and provide written acceptance or comment to ForeverHome and the USACE with= fifteen (15) days of receipt. Only upon the wntten acceptance of the salvage /reuse plan may the demolition of the Fendel Bevers House proceed. Within three (3) months of the completion of the Development's amenity center ForeverHome shall submit photographs of the reused materials the SHPO. Other materials from the Fendel Bevers House may be offered to Preservation Durham and /or the public for salvage or reuse. The Fendel Bevers House may not be used for any fire training burn VI. Interpretive Display Within twelve (12) months of the issuance of any USACE permit, ForeverHome shall develop an interpretive display or exhibit to be installed at the Development's amenity center. The display shall include at a minimum a history of Fendel Bevers, the property, the Fendel Bevers House and outbuildings, historic photographs, and information on the reused Page 3 of 8 ForeverHome Sierra ER 12 -2161, Durham County, materials Before installation of the display, the proposed text and layout shall be submitted to the SHPO for review. ForeverHome shall take into account any written comments offered by the SHPO Within three (3) months of the completion of the Development's amenity center, ForeverHome shall submit photographs of the display to the SHPO VII. Development Website Within twelve (12) months of the issuance of any USACE permit, ForeverHome shall develop and publish a webpage, linked to the Development's homepage, that supplements the interpretive display by providing elements such as information on the Fendel Bevers House, its history, construction, and inhabitants; historic and recent photographs of the Fendel Bevers House, including any detail photographs of any unique or significant features, maps of the Bevers property and surrounding area; a link to the Cultural Resources Survey (or simntlar information formatted for online use) prepared by Coastal Carolina Research, a link to the 1871 Bevers' map of Wake County; and, links to relevant state and local history. VIII. Unanticipated Discovery In accordance with 36 C F R §800 13(b), of USACE identifies potential additional cultural resources) during construction and determines them to be eligible for the NRHP, all work will be halted within the limits of the NRHP- ehgible resource(s) and the SHPO will be contacted. If after consultation with the Signatory Parties, additional rmutigation is determined necessary, USACE, in consultation with the Signatory Parties, will develop and implement appropriate protection and /or mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70 IX. Dispute Resolution Should any of the Signatory Parties object within thirty, (30) days to any plans or documentation provided for review, or object to the implementation of any of the stipulations pursuant to thus MOA, USACE shall consult with the objecting party (or parties) to resolve the objection If USACE or the objecting party (or parties) determines that the objection cannot be resolved, USACE will forward all documentation relevant to the dispute to the ACHP Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either: A. Provide USACE with recommendations, which USACE will take into account in reaching a final decision regarding the dispute; or, B Notify USACE that it will comment pursuant to 36 C F R §800.7(c) and proceed to comment Any ACHP comment provided in response to such request will betaken into account by USACE in accordance with 36 C F.R. §800 7(c) (4) with reference to the subject of the dispute X. Amendments Should any of the Signatory Parties to this MOA believe that its term(s) cannot be carried out or that an amendment to the term(s) must be made, that party (or parties) shall immediately consult with the other party (or parttes) to develop amendments in accordance with 36 C F R §800 6(c)(7). If an amendment cannot be agreed upon, the dispute resolution process set forth in Stipulation IX will be followed Page 4 of 8 ForeverHome Sierra ER 12 -2161, Durham County XI. Termination Any Signatory Party to this MOA may terminate the agreement by providing notice to the other parties, provided that the Signatory Parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination Termination of this MOA will require compliance with 36 C F.R. §800 This MOA may be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its terms XII. Duration Unless terminated pursuant to Stipulation XI above, this MOA will be in effect for ten (10) years from its execution date, or if USACE is unable or decides not to carry issue the permit, or if ForeverHoime is unable or decides not to carry out the Development Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent filing with the ACHP, and implementation of its teams evidence that USACE has afforded the AC HP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties AGREED: U.S. Army Corps of Engine G By Steven A. Baker Colonel, Corp of Engineers District Commander North Carolina State Historic Preservation Officer Date � �a,,, 7—O By Dr. teCherry Date 1 I Z / - North Carolina State Historic Preservation Officer FILED. Advisory Council on Historic Preservation LE Date. Page 5 of 8 ForeverHome Sierra ER 12 -2161, Durham County MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY Execution of this Memorandum of Agreement by USACE and the North Catohna SHPO, its subsequent filing with the ACHP, and nnplementation of its terms evidence that USACE has afforded the ACHP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties CONCUR ForeverHome, LLC r By, �'�' ' T "_ Date: f/ Z 7., 13 Mark Ward Vice President of Sales Page 6of8 ForeverHome Sierra ER 12 -2161, Durham County MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE FOREVERHOME SIERRA DEVELOPMENT DURHAM, DURHAM COUNTY Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent fi]ing with the ACHP, and implementation of its terms evidence that USACE has afforded the ACHP an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on historic properties CONCUR: Preservation Durham By Date ({ 1.7 ip 13 Page 7 of 8 ForeverHome Sierra ER 12 -2161, Durham County APPENDIX A Historic Structures Recordation Plan Fendel Bevers House ForeverHome Sierra Community Durham, Durham County ForeverHome shall, as per Stipulation I of the MOA between USACE and the North Carolina SHPO for the ForeverHome Sierra Development, photographically record the Fendel Bevers House and its immediate surroundings in accordance with the following Recordation Plan. Photographic Requirements Digital photographs of the Fendel Bevers House and its immediate surroundings shall be taken and keyed to both a site and floor plan, including. Overall views, Each visible- elevation of the Fendel Bevers House, s Interior views of each room of the Fendel Bevers House, H Details of construction or design and any unique or architecturally significant exterior and interior elements, includtng but not limited to; flooring, siding, windows, doors, fireplaces, mantels, chimneys, and porches; a Exterior photographs of each outbuilding, and, ® Views showing the relationship of the Fendel Bevers House to the outbuildings and to Leesville Road. Photographic Format All images will be captured, labeled, and stored according to the North Carolina SHPO's, "Digital Photography for Historic Property Surveys and National Register Nominations Policy and Guidelines, Revised November 2008 " This policy is available on the SHPO's website at. htt2'Z/www.hi2oncdctgov/chg!tal/NCHPO Digital Photo Pohcy 11 08 html Please follow the labeling convention for each photograph in accordance with Section II (Digital Images for Historic Property Surveys) of the above Digital Photography Policy. When labeling the digital files, use "DH2175_BeversHouse" for the county abbreviation, site number, and the property name file name prefix Copies and Curation One (1) set of all photographic documentation will be deposited with the SHPO to be made a permanent part of the statewide survey and iconographic collection One (1) set of all photograph documentation shall be made available to the other Signatory and Concurring Parties of this MOA. Page 8 of 8 CAA � L' FEB 252014 -' MC ENS. I North Carolina Department of Environment and Natural Resources=,. -�-' Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary February 20, 2014 Forever Homes LLC Attn• Larry Lippincott 8412 Falls of Neuse, Ste 204 Raleigh, NC 27615 DWR # 07 -20220 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Sierra Phase Dear Mr. Lippincott. You have our approval for the Impacts listed below for the purpose described in your application dated January 15, 2014 and received by the Division of Water Resources (Division) on January 15, 2014. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 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. This 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse Riparian Buffer Rules dated February 20, 2014 replace the WQC and Authorization Certificate dated August 6, 2008. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1 The following Impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met No other Impacts are approved, Including incidental Impacts. None hCarolina Ytura!!y North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet www ncwaterauaiity.oro Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Sierra Phase I DWR #07 -20220 401 AND BUFFER APPROVAL Page 2 of 7 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 209 (linear feet) 0 (linear feet) Impact #3A — arch span Stream 32 (linear feet) 0 (linear feet) Impact #3A — fill - diverted stream Stream 0 (linear feet) 33 (linear feet) Impact #313 - sewer Stream 93 (linear feet) 20 (linear feet) Impact #317 - road Stream 46 (linear feet) 10 (linear feet) Impact #3G - road Stream 0 (linear feet) 32 (linear feet) Impact #4A - sewer Stream 0 (linear feet) 31 (linear feet) Impact #413 - sewer Stream 0 (linear feet) 30 (linear feet) Impact #4E - sewer Stream 0 (linear feet) 31 (linear feet) Impact #4G - sewer Stream 0 (linear feet) 31 (linear feet) Impact #41-1 - sewer Stream 121 (linear feet) 20 (linear feet) Impact #5 - road Stream 0 (linear feet) 32 (linear feet) Impact #5A - sewer Stream 0 (linear feet) 32 (linear feet) Impact #513 - sewer Buffers —Zone 1 0 (square feet) 0 (square feet) Impact #3 - sewer Buffers — Zone 2 1,932 (square feet) 0 (square feet) Impact #3 - sewer Buffers — Zone 1 16,262 (square feet) 0 (square feet) Impact #3A - arch span Sierra Phase I DWR #07- 2022v3 401 AND BUFFER APPROVAL Page 3 of 7 Buffers —Zone 2 9,296 (square feet) 0 (square feet) Impact #3A - arch span Buffers —Zone 1 2,295 (square feet) 0 (square feet) Impact #3B - sewer Buffers —Zone 2 2,330 (square feet) 0 (square feet) Impact #3B - sewer Buffers —Zone 1 966 (square feet) 0 (square feet) Impact #3C - bypass Buffers —Zone 2 503 (square feet) 0 (square feet) Impact #3C - bypass Buffers —Zone 1 958 (square feet) 0 (square feet) Impact #3D- bypass Buffers —Zone 2 591 (square feet) 0 (square feet) Impact #3D - bypass Buffers —Zone 1 1,041 (square feet) 0 (square feet) Impact #3E - bypass Buffers —Zone 2 890 (square feet) 0 (square feet) Impact #3E - bypass Buffers —Zone 1 6,259 (square feet) 0 (square feet) Impact OF - road Buffers —Zone 2 3,652 (square feet) 0 (square feet) Impact #3F - road Buffers —Zone 1 2,673 (square feet) 0 (square feet) Impact #3G - culvert Buffers —Zone 2 1,090 (squarefeet) 0 (square feet) Impact #3G - culvert Buffers —Zone 1 950 (square feet) 0 (square feet) Impact #3H - bypass Buffers — Zone 2 0 (square feet) 0 (square feet) Impact #3H - bypass Buffers —Zone 1 0 (square feet) 0 (square feet) Impact #4 - sewer Buffers —Zone 2 5,339 (square feet) 0 (square feet) Impact #4 - sewer Buffers —Zone 1 1,927 (square feet) 0 (square feet) Impact #4A - sewer Buffers —Zone 2 1,106 (square feet) 0 (square feet) Impact #4A - sewer Buffers —Zone 1 2,283 (square feet) 0 (square feet) Impact #4B - Sewer Sierra Phase i DW R #07- 2022v3 401 AND BUFFER APPROVAL Page 4 of 7 Buffers — Zone 2 1,500 (square feet) 0 (square feet) Impact #4B - sewer Buffers —Zone 1 0 (square feet) 0 (square feet) Impact #4C - sewer Buffers —Zone 2 4,900 (square feet) 0 (square feet) Impact #4C - sewer Buffers —Zone 1 1,033 (square feet) 0 (square feet) Impact #4D - sewer Buffers — Zone 2 4,881 (square feet) 0 (square feet) Impact #4D - sewer Buffers —Zone 1 1,818 (square feet) 0 (square feet) Impact #4E - sewer Buffers —Zone 2 859 (square feet) 0 (square feet) Impact #4E - sewer Buffers —Zone 1 867 (square feet) 0 (square feet) Impact #4F - bypass Buffers —Zone 2 544 (square feet) 0 (square feet) Impact #4F - bypass Buffers —Zone 1 2,105 (square feet) 0 (square feet) Impact #4G - sewer Buffers — Zone 2 972 (square feet) 0 (square feet) Impact #4G - sewer Buffers —Zone 1 1,884 (square feet) 0 (square feet) Impact #4H - sewer Buffers — Zone 2 1,290 (square feet) 0 (square feet) Impact #4H - sewer Buffers — Zone 1 1,774 (square feet) 0 (square feet) Impact #41- sewer Buffers —Zone 2 11,565 (square feet) 0 (square feet) Impact #41- sewer Buffers —Zone 1 1,093 (square feet) 0 (square feet) Impact #4J - bypass Buffers —Zone 2 523 (square feet) 0 (square feet) Impact #4J - bypass Buffers —Zone 1 7,925 (square feet) 0 (square feet) Impact #5 - road Buffers — Zone 2 5,568 (square feet) 0 (square feet) Impact #5 - road Buffers —Zone 1 2,244 (square feet) 0 (square feet) Impact #5A - sewer Buffers —Zone 2 647 (square feet) 0 (square feet) Sierra Phase I DWR #07 -20220 401 AND BUFFER APPROVAL Page 5 of 7 Impact #5A - sewer Type of Impact Compensatory Mitigation River and Sub - basin Number EEP Buffers —Zone 1 791 (square feet) 0 (square feet) Impact #6 - bypass Neuse /03020201 Buffers —Zone 2 516 (square feet) 0 (square feet) Impact #6 - bypass Buffers — Zone 1 852 (square feet) 0 (square feet) Impact #6A - bypass Buffers —Zone 2 548 (square feet) 0 (square feet) Impact #6A - bypass Buffers —Zone 1 954 (square feet) 0 (square feet) Impact #66 - bypass Buffers — Zone 2 680 (square feet) 0 (square feet) Impact #6B - bypass 2. Stormwater Management Plan (SMP) Approval from Local Communitv Required You are required to provide one copy of the approved stormwater management plan, including plan details on full -sized plan sheets, or in digital format, with proof of the City of Durham's approval. The approved plan shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any Impacts authorized In this Certification occur. 3 Mitigation You have agreed to provide stream and riparian buffer mitigation by payment into the Ecosystem Enhancement Program (EEP) and EBX's Neuse Riparian Buffer Umbrella Mitigation Bank /Rudolph Site, Forrest Creek Riparian Buffer Mitigation Bank, and /or the Upper Neuse Buffer Bank located in Neuse- Cedar Grove Site. A total of 292 linear feet of stream mitigation and 8,421 square feet of riparian buffer mitigation is required for impacting 292 linear feet of stream and 2,807 square feet of riparian buffer as a result of this project. Until EEP and EBX receive and clear your check, impacts specified in this 401 Water Quality Certification and Buffer Authorization shall not occur. You have 60 days from the date of this approval to make this payment. Payment Into EEP and EBX will be made to meet the following compensatory mitigation requirement: Mitigation Provider Type of Impact Compensatory Mitigation River and Sub - basin Number EEP Stream 292 (linear feet) Neuse /03020201 EBX Buffer 8,421 (square feet) Neuse /03020201 4. No Waste,, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Sierra Phase I DWR #07 -20220 401 AND BUFFER APPROVAL Page 6 of 7 5 Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 6. 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 the Certification and Buffer Authorization. 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 approval letter and General Certification and is responsible for complying with all conditions. 7 This approval and Its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) A petition form maybe obtained from the OAH at httt3: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending by First Class Mai/ via the US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e g UPS, FedEx)• Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR- Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR If sending by First Class Mail via the US Postal Service Karen Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR - DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 Sierra Phase I DWR ti07- 2022v3 401 AND BUFFER APPROVAL Page 7 of 7 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.sov if you have any questions or concerns. SirXcerely, -� f Danny Smlth Supervisor, Water Quality Regional Operations Section Enclosures- GC 3890 cc, U S. Army Corps of Engineers; Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Deborah Shirley; Soil & Environmental Consultants, 8412 Falls of Neuse Road, Ste. 104, Raleigh, NC 27615 Pat McCrory Governor Larry Lippincott Sierra Land, LLC 2840 Plaza Place, #360 Raleigh, NC 27612 Project: Sierra Subdivision County: Durham USACE#: 2013 -01687 WQ permit#: 07 -2002 v 3 EEP #: 21193 Amount Paid: $111,252 00 Check Number: 0113 A _ VT WA North Carolina Department of Environment and Natural Resources Michael Ellison, Director Ecosystem Enhancement Program RECEIPT December 1, 2014 John E Skvarla, III Secretary The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the above - referenced project This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated with the authorized activity as specified below have been satisfied You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009- 337, An Act to Promote the Use of Compensatory 1vLtigation Banks, as amended by S.L 2011 -343 The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit Mitigation responsibility assigned to the NCEEP is nontransferable The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010 River Basin Stream Credits Wetland Credits Buffer I& II HUC (linear feet) (acres) (Sq Ft ) Cold Cool Warm Riparian Non -Ri anan Coastal Marsh Neuse 0 0 292 0 0 0 0 03020201 Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in accordance with ESP's refund policy at www nceep net If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915 Sincerely, ", Jj_&t�� i ael E son Director CC. Karen Higgins, NCDWR Wetlands /401 Unit Enc Alsmeyer, USACE- Raleigh Chem Smith, NCDWR- Raleigh Deborah Shirley, agent 1652 Mad Service Center, Raleigh, North Carolina 27699 -1652 Phone 919 - 70789761 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper EBX Stream and Wetland Banks Statement of Availability June 2, 2015 NC Division of Water Resources Ms Katie Merritt 512 N Salisbury St 9th floor Raleigh, NC 27604, Archdale Building Re Project: Laurel Grove U.S. Army Corps of Engineers Mr Eric Alsmeyer Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 This document confirms that RREF II -FH Sierra LLC (Applicant) for the Laurel Grove (Project) has expressed an interest to utilize 273 Stream Mitigation Credits from one of the EBX sponsored Banks EBX - Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX -EM sponsored Forrest Creek Mitigation Bank, both in the Neuse HUC 03020201 As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits /units The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation If any questions need to be answered, please contact me at 919 - 829 -9909 x 21 or 843 - 446 -2312 Best Regards, C4,*- /) &�'- Cara S Conder Resource Environmental Solutions, LLC 909 Capability Drive Suite 3100 Raleigh, NC 27606 �! 1 EBX Buffer Mitigation Banks Statement of Availability June 2, 2015 NC Division of Water Resources Ms Katie Merritt & Ms Cherri Smith 512 N Salisbury St Archdale Building, 9th floor Raleigh, NC 27604 Re Protect: Laurel Grove This document confirms that RREF II -FH Sierra LLC (Applicant) for the Laurel Grove (Project) has expressed an interest to utilize 133,023 Square Feet of133,023 Square Feet of Riparian Buffer Mitigation Credits Mitigation Credits from either of the EBX sponsored Banks EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX -EM Forrest Creek Riparian Buffer Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank All of these bank sites are located in HUC 03020201 As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits /units The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price Banker shall provide to Applicant a copy of the Affidavit of Sale and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation If any questions need to be answered, please contact me at 919 - 829 -9909 x 21 or 843 - 446 -2312 Best Regards, C4,1,— r &,L-- Cara S Conder Resource Environmental Solutions, LLC 909 Capability Drive Suite 3100 Raleigh, NC 27606 North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M Barton, Administrator GoN emor Pat McCrory Secretary Susan Kluttz May 18, 2015 Andrew Lineberry ForeverHome, LLC 2840 Plaza Place, Suite 360 Raleigh, NC 27612 Re Develop Sierra Tract /Fendel Bevers House, Durham County, ER 12 -2161 Dear Mr Lineberry Officc of Archn cs and 1 listory D pity Secretary Ken in Cherry Thank you for your letter of April 28, 2015, updating us on ForeverHome's plans for the historic Fendel Bevers House (DH2175) and providing the photographs that were stipulated as part of the mitigation for the adverse effect the development of the Sierra Tract will have on the historic property We have reviewed your proposal to move the Fendel Bevers House to the amenity area for Fendel Farms at Brier Creek and agree that the move is a better alternative to demolition and find it acceptable, if implemented as outlined in your letter While only the two -story portion of the house will be moved, it will be very important to an understanding of the building for the two exterior end chimneys to be moved as they are important character - defining architectural elements We also understand that the continued preservation of the house will be the responsibility of the homeowners association, which may at some future date decide to demolish the house Enclosed for your use in securing and maintaining the house, we enclose two Preservation Briefs prepared by the National Park Service hap / /ww-,v nps gov /tps/ how -to- preserve /briefs /31- mothballing htm and http / /,,v,,v-,v nps gov /tps/ how -to _preserve /briefs /47- maintaining- exteriors him You will likely want to make copies of these and provide to the homeowners association for their future reference Members of our Restoration Branch are also available to provide technical assistance to the group As there is no site plan for the house and its outbuildings in our files and one was not provided with the documentary photographs, we would ask that you provide a sketch site plan for our records It does not have to be to scale We simply want to document the relationship of the various buildings to one another and the road Checking the Memorandum of Agreement, we do not see that the interpretive display has been developed nor has the webpage been posted to the internet with the various links outlined in the agreement By copy of this letter, we are informing the US Army Corps of Engineers that ForeverHome, LLC has, with the exception of the interpretive display and webpage, fulfilled its responsibilities under the terms of the Memorandum of Agreement for the undertaking and their permit SAW- 2013 -01687 Location 109 fast Jones',trect Raleigh NC 27601 Mailing Address 4617 Mad Sert ice Cent(r, Raleigh NC 276994617 Telephone /Fax ()19) 807 - 6570/807 -6599 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and consideration If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or environmental teviewQncdcr gov In all future communication concerning this project, please cite the above referenced tracking number Sincerely, sI (1, au(�w- 6;31,,Ramona M Bartos Enclosures Briefs #31 & #47 cc Eric Alsmeyer, USACE Eric C Alsme,} ergusace army mil Wendy Hillis, Preservation Durham wendy9preservationdurham org I I N E OWNER /DEVELOPER /APPLICANT RFII -FH SIERRA, LLC 2840 PLAZA PLACE - SUITE 360 RALEIGH, NORTH CAROLINA 27612 PH (919)870 -9711 Dlnene"@f... coml ENGINEER EDENS LAND CORP 23145 MIAMI BLVD - SUITE 151 DURHAM, NORTH CAROLINA 27703 PH (919) 316 -1855 JARROD B EDENS, P E - PRESIDENT Demod ed.ns @ede,sMnd coml SITE INFORMATION JURISDICDON CITY OF DURHAM EXISTING ZONE PDR 300 EXISTING USE VACANT AGRICULTURE PROPOSED USE RESIDENTIAL SINGLE MULTIFAMILY) PIN 0769 -01 -29 -3411 PARCEL ID 193301 SITE AREA 163 79 AC DEVELOPMENT TIER SUBURBAN RIVER BASIN NEUSE CALL BEFORE YOU DIG 0 NOVth CAYDI.wo One —Call Center (800)) 632- -4949 or9 LAUREL GROVE -PHASE I IMPACT EXHIBITS N CASE #PW1401726 SITE PLAN CASE #D1200218 5713 LEESVILLE ROAD DURHAM, NORTH CAROLINA MAY 20, 2015 / I IN1RD1tp � I I _Rp — {S R 1906 ---_ PROTECT SITE VICINITY MAP: 0 250 sou SCALE 1 NOTE CITY OF DURHAM AND DURHAM COUNTY STANDARDS AND SPECIFICATIONS USED j , DEDENS LAND CORP ENGINEERING DEVELOPMENT 2314 S MIAMI BLVD SUITE 151 DURHAM NC 27703 WWW EDENSLAND COM PH(919)3161855 CITY OF DURHAM LIST OF DRAWINGS: SHEET# TITLE - -- COVER EX (1) EXISTING CONDITIONS /DEMOLITION PLAN BE (1 -10) IMPACT AREA EXHIBITS (STREAMS & BUFFERS) U JUN 0 4 2015 NOTE. 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End N 12 wD1.r \ M WN a)fK1 }FJI11 ND, 1• { {01 HAD a3 NAVD 88 GENERAL NOTES 1 BOUNDARY INFORMATION PROVIDED BY ROBERT NURPHY PLLC G �— 2 TOPOGRAPHIC INFORMATION PROVIDED BY KENNETH CIDSE. 3 THIS SITE IS WITHIN THE FALLS LAKE/LAKE JORDAN PROTECTED AREA F /J —B. 0 75 130 4 THIS SITE 5 FEW MAP LOCATED WITHIN ANY FLOODPLAIN PER FE NAP /327OD550DD, REVISED 5/2/08 d t = \ /1)171 I'll cc z r ^ / . / Vii/ �� --��\ \ \ �.;\, �-- ` �I✓�— }- \ r O < 1 \ \ \x,- \\ I I I, , 7\ UP f 0 `1 ¢ �l� tll Ilslmpl W Imp Z NP IyI H W a Z Q 2 O U 1:19 C �x I� l W 41 U > 0 'J i H ^\ J,ejI \ ? t kipI \'x W W Q \ \ \ \1�'tflttlllll lJj tt "�EI❑ W IlAA ty 1Il,A {I�(( ) ILO Air En o V NR \ S � J j 11 I 1 { t l y(illl111111 ,\ a. h. :l I,�ly„` 11 \V1 \ ,'1� , j U. r�lr�ll II. l fl)l NC LICENSE# C 2745 /up 1 ' �- })fI \\ \l it J //J (� E.!q/ 2l lam/ ` 273 2 _ , l LEG P1 B FINAL DRAWING J FOR REVIEW PURPOSES ONLY AND NOT SEO FOR CONSTRUSTRU CTION EXISTING LEGEND uz Appro:Dnatf Location x1sthq 16' DIP Fore Pain V61A PrMfeto 401 WOx APProximanntsq Location, Exw wotfr l I APPmWma% Location EA.Unp 12' DIP Water Main ZD o_ WU01a ED �s Q Z > °x Z W D. 0 � f Q — WOS.S_ �7wmW W ID° U' N; FL.�za W N ateLL 1" =150' L MAY 20, 2015 rEar�, WA OSR I IN 1109 -001 IX -alp \ol i i 9Ar/ c • r�pp1 Ax MAI fin ``,�• A � , < /��e�fr� .,fir ���` `��► NO No I 0 I ,l 1 '��IG�FifOc�® Sj -'x i L L— i _ _ ii �t ZOW21Wi (SF) PERWWWS7REAM•WACT PERA0IFEW FlLLOVERTED STREAM � �. STREAM IMPACT STREAM RELOGTILXI CONSiRUC110N bTREAM IMPACT TOTAL AIEA 22A20.IMUTY N.". URUTY 3,15.5E w 1.270W 1,262 SF WSF 210.4- RWDA'AY 15537- ROADWAY 51.1 IS ,. ,il`- 216 LF 90 LF t01Y R Al 11.=- PERPEM] R 5.052. PERPENIICLAAR Zak Sly- PEOEsTNANTRMLpALRCH) 2.757 - PEDESTPoAN TRAIL IIAU.CFO i5i as 1.730- PEOEST BRDW • , . !► � Ste/ �►�y���` 1�� � ��:`� lyl� � a o 1 .274-0W BYPASS CWMEL '5190i'I�ii��'I� W�p�� `�,.�� F / 1111 II'I �� l r1 ',Ir \\ I/ .1. � `� `�,;`�,a� � �: r�"� /�I/ ®� �,.����� � \.� � r =--=� — �6 / �� -� � /�T•- � � i� L �� ��� �F���. � IIII��'�)� 41iA. _- � eeee�t•fetr� ��;� `'�il!IIIIII � �o�.�: ii��_.,...1P i .��•.�� �%7�NfdgNNNNVISWZ_.�•,.y,rr� „� ,�'�� ��� -... � \:. �,- _ � Lll\ E�1� CiT ?k�011�I�.{{ ins S': � _�_ a� ,_:!1 1'�� ' 1 . I 0 I ,l 1 '��IG�FifOc�® Sj -'x i L L— i _ _ i e Iii •o�� J /�. N >L, 111111 =111 i PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DNERTED STREAM ZONE I — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR I ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER NAD 83 uw w z 2 0 5 m W Q W V W a Qa z o IL W Q V i W uiX C O W V' > _ W L16 W � Q m 5�0 mx a,wL,lxw mwE3,n �wmm,�3 x X01 m w nwoeW.a ..pw IN WRa.o wn� . Etlm, I..a mro. NC LICENSCEE #}CCC-- 22745 1 i = 27352 J 'saon + i 81 ",: RNAL DMWIXG FO 0. RLVRW PUALMED 11LY AND IN7T RELEASED 0n-z� IX UJ m Da W Ug=a °' zoF� W oz y W W S Lq Z ; _Z• W � EELE 1" =150' 9EK MAY 20, 2015 PEZStf 21111 299 1 BSIi BSR JBE 1109-001N BE -1 ZO 11WACTISFI ZOW21Wi (SF) PERWWWS7REAM•WACT PERA0IFEW FlLLOVERTED STREAM � �. STREAM IMPACT STREAM RELOGTILXI CONSiRUC110N bTREAM IMPACT TOTAL AIEA 22A20.IMUTY N.". URUTY 3,15.5E w 1.270W 1,262 SF WSF 210.4- RWDA'AY 15537- ROADWAY 51.1 IS 111U" 216 LF 90 LF t01Y 11.=- PERPEM] R 5.052. PERPENIICLAAR Sly- PEOEsTNANTRMLpALRCH) 2.757 - PEDESTPoAN TRAIL IIAU.CFO 1.730- PEOEST BRDW W7 -SW BYPASS CKk,, L •2.PARALLELLR w 1 .274-0W BYPASS CWMEL i e Iii •o�� J /�. N >L, 111111 =111 i PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DNERTED STREAM ZONE I — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR I ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER NAD 83 uw w z 2 0 5 m W Q W V W a Qa z o IL W Q V i W uiX C O W V' > _ W L16 W � Q m 5�0 mx a,wL,lxw mwE3,n �wmm,�3 x X01 m w nwoeW.a ..pw IN WRa.o wn� . Etlm, I..a mro. NC LICENSCEE #}CCC-- 22745 1 i = 27352 J 'saon + i 81 ",: RNAL DMWIXG FO 0. RLVRW PUALMED 11LY AND IN7T RELEASED 0n-z� IX UJ m Da W Ug=a °' zoF� W oz y W W S Lq Z ; _Z• W � EELE 1" =150' 9EK MAY 20, 2015 PEZStf 21111 299 1 BSIi BSR JBE 1109-001N BE -1 II �I / PLAN VIEW - IMPACT AREA 1 * /PEDESTRIAN BRIDGE 50' NO STREAM IMPACT Stream Buffer NCDENR t on i li 100' Stream / Buffer.,--' � Durham 360 \ 350 350 7 c M N Io n r7 17 r7 r) I I ( 0 +00 0 +97 1/ PROFILE VIEW - TEMPORARY STREAM IMPACT 1 SCALE: 1"=40' H ,\ 1 " =4' V PROPOSED LEGEND °a 1 � c PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 - PARALLEL ZONE 2 - PARALLEL - ZONE 1 - PERPENDICULAR ZONE 2 - PERPENDICULAR ZONE 1 - BUFFER ZONE 2 - BUFFER ill N 2 O 5 a W V N a z Q~ z o CL Lm LL a U 0 x a Lit C O W LL. a — ' Z LLLU C W C i., e.-+vh �wox.naeeem i,m can.as oe...woaoue oF.a� -rok" Rwno.s a�w� nix D Feepnud.*.vn , el NC LICENSE•* C -2745 PRELIMINARY NOT FOR CONSTRUCTION a I- �z W �n Z oM, WuWi_= J w-. os- Q0> °_ Zw o � Q' �u W _j g zo< J J (Y N y W mz z� Oak _C7 2 Z W N rau MAY 20, 2015 ,a= rma e5R M 3eE 1109 -001 -- j 2L BE-2 nommoolowwommoom ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 1 9,131 - PARALLEL UTILITY 11,294 - PARALLEL UTILITY 172 SF 1,888 - PERPENDICULAR 1,383 - PERPENDICULAR 31 LF 471 - PEDESTRIAN TRAIL 449 - PEDESTRIAN BRIDGE PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 - PARALLEL ZONE 2 - PARALLEL - ZONE 1 - PERPENDICULAR ZONE 2 - PERPENDICULAR ZONE 1 - BUFFER ZONE 2 - BUFFER ill N 2 O 5 a W V N a z Q~ z o CL Lm LL a U 0 x a Lit C O W LL. a — ' Z LLLU C W C i., e.-+vh �wox.naeeem i,m can.as oe...woaoue oF.a� -rok" Rwno.s a�w� nix D Feepnud.*.vn , el NC LICENSE•* C -2745 PRELIMINARY NOT FOR CONSTRUCTION a I- �z W �n Z oM, WuWi_= J w-. os- Q0> °_ Zw o � Q' �u W _j g zo< J J (Y N y W mz z� Oak _C7 2 Z W N rau MAY 20, 2015 ,a= rma e5R M 3eE 1109 -001 -- j 2L BE-2 nommoolowwommoom I A, i PLAN VIEW - IMPACT AREA 2 SCALE: 1' =50' PROPOSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER Lililill W V N a z Q� z o co = u, o �W o.- O L F. Q 0; LL W W Q ag o 11ra 6aw�ntNe pope olF4m laM <ap a,Anro�to 'eq=ld 11ee�essMlyk pe »n "of [4m IsnE [orp.^t NC LICENSE* 0,=22745 PRELIMINARY NOT FOR CONSTRUCTION .10 mI- z W ry In Z U` W U° =a W �? Z� °x ZW �a 0 W _ Z °J J � �� W mz LLJ E Z; Z1 Z W ry 1 " =50' o..E MAY 20, 2015 BSR BSR JBE 1109 -001p BE 39 ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) IMPACT AREA 2 1,007 - BMP BYPASS 1,860 - PEDESTRIAN TRAIL CHANNEL 897 - BMP BYPASS CHANNEL PROPOSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER Lililill W V N a z Q� z o co = u, o �W o.- O L F. Q 0; LL W W Q ag o 11ra 6aw�ntNe pope olF4m laM <ap a,Anro�to 'eq=ld 11ee�essMlyk pe »n "of [4m IsnE [orp.^t NC LICENSE* 0,=22745 PRELIMINARY NOT FOR CONSTRUCTION .10 mI- z W ry In Z U` W U° =a W �? Z� °x ZW �a 0 W _ Z °J J � �� W mz LLJ E Z; Z1 Z W ry 1 " =50' o..E MAY 20, 2015 BSR BSR JBE 1109 -001p BE 39 !fib/ iil ►� .v .l � ...� �II� y :..:Q��►�.: �" it ►� .. .n►. ter' �. aiyilu 11►� : any n.�' % �• � �n��, !III"/ ,,.. a i � �\ PE ESTRIAN \PRIDGE NO�TREAM IMPACT I + (PLAN VIEW - IMPACT AREA 3 SCALE: 1 " =50' �� 350 0 to N; / syl, 50' Stream Buffer NCDENR - v— 1 350 340 n 0 N to M 0 +00 0 +94 PROFILE VIEW - TEMPORARY STREAM IMPACT 3A SCALE: 1"=40' H 1 " =4' V dl 350 16fif \ Existing Grade — J i 350 340 C Of N Ln M Iq M r, 0 +00 1 +00 1 +17 PROFILE VIEW - TEMPORARY STREAM IMPACT 313 SCALE: 1"=40' H 1'=4' V PROPOSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT X RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM V ZONE 1 - PARALLEL ZONE 2 - PARALLEL � 0 ZONE 1 - PERPENDICULAR i ] ZONE 2 - PERPENDICULAR ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 3A 6,364 - PARALLEL UTILITY 1,137 - PARALLEL UTILITY 425 SF 1,810 - PERPENDICULAR 899 - PERPENDICULAR 46 LF 557 - PEDESTRIAN BRIDGE 462 - PEDESTRIAN TRAIL dl 350 16fif \ Existing Grade — J i 350 340 C Of N Ln M Iq M r, 0 +00 1 +00 1 +17 PROFILE VIEW - TEMPORARY STREAM IMPACT 313 SCALE: 1"=40' H 1'=4' V PROPOSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT X RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM V ZONE 1 - PARALLEL ZONE 2 - PARALLEL � 0 ZONE 1 - PERPENDICULAR i ] ZONE 2 - PERPENDICULAR ZONE 1 - BUFFER ZONE 2 - BUFFER z 0 W 5 a V W a VJ = Q~ = o am_ °_ r C9 W ix "' O LU LL. Q _ LL LU Lu W a a � o 1a..ry n tM1e popertY of FMm ISM Coop artl a rot to M repoM1Ke� � �v.+.•d -tmm<n prm..w� or Fdem ISM [wp NC LICENSE- C -2745 PRELIMINARY ,^ aZ V) z Q' w Z OMM W UC)_� J o` W �a Q ZW �n Zo'= Q 0 �o LLI J� "_ zo< vWmW W i °, z# �z W 1 " =50' a.E MAY 20, 2015 r1 � "I'll 85R J8E 1109X001 BE -4 ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 3B 6,364 - PARALLEL UTILITY 6,483 - PARALLEL UTILITY 402 SF 3,993 - PERPENDICULAR 533 - PERPENDICULAR 59 LF 408 - PEDESTRIAN TRAIL ZONE 1 - BUFFER ZONE 2 - BUFFER z 0 W 5 a V W a VJ = Q~ = o am_ °_ r C9 W ix "' O LU LL. Q _ LL LU Lu W a a � o 1a..ry n tM1e popertY of FMm ISM Coop artl a rot to M repoM1Ke� � �v.+.•d -tmm<n prm..w� or Fdem ISM [wp NC LICENSE- C -2745 PRELIMINARY ,^ aZ V) z Q' w Z OMM W UC)_� J o` W �a Q ZW �n Zo'= Q 0 �o LLI J� "_ zo< vWmW W i °, z# �z W 1 " =50' a.E MAY 20, 2015 r1 � "I'll 85R J8E 1109X001 BE -4 PEDESTRIAN BRIDGE i \ NO STREAM IMPACTS .� tream uffer CDENR PLAN VIEW - IMPACT AREA 4 SCALE: 1"=50' 4 /. �i- J am, _ , � 4 x PROPOSED LEGEND LPERMANENT STREAM IMPACT ii TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER PF SC 350 340 335 100' Stream Buffer Durham I Ao� 350 335 t (V M 0 +00 0 +94 OFILE VIEW - TEMPORARY STREAM IMPACT 5 kLE: 1 " =40' H 1"=4' V z 0 w s a V W a iA Z Q~ z a am a o a �= W o v > W FW C O N" Q I+, f U. W a �Lno ,r.yn�lrq of Feem u�a cwnwnnoll� o�o�.e NC LICENSE. C -2745 27352 ' e PRELIMINARY NOT FOR CONSTRUMON 10 Mlo �z N w Z CL Oat w U0 1" J a w �? �ZL °x Zw =° LLI o o J "_ z °J >„ C— w m= w�W .z� ZN Z? W H s�Lc 1 " =50' MAY 20, 2015 BSR T BSR JBE 1109.001 BE-5 ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 4 6,525 - PARALLEL UTILITY 7,101 - PARALLEL UTILITY 76 SF 1,916 - PERPENDICULAR 851 PERPENDICULAR 32 LF 360 - PEDESTRIAN 16 - PEDESTRIAN TRAIL BRIDGE PROPOSED LEGEND LPERMANENT STREAM IMPACT ii TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER PF SC 350 340 335 100' Stream Buffer Durham I Ao� 350 335 t (V M 0 +00 0 +94 OFILE VIEW - TEMPORARY STREAM IMPACT 5 kLE: 1 " =40' H 1"=4' V z 0 w s a V W a iA Z Q~ z a am a o a �= W o v > W FW C O N" Q I+, f U. W a �Lno ,r.yn�lrq of Feem u�a cwnwnnoll� o�o�.e NC LICENSE. C -2745 27352 ' e PRELIMINARY NOT FOR CONSTRUMON 10 Mlo �z N w Z CL Oat w U0 1" J a w �? �ZL °x Zw =° LLI o o J "_ z °J >„ C— w m= w�W .z� ZN Z? W H s�Lc 1 " =50' MAY 20, 2015 BSR T BSR JBE 1109.001 BE-5 TEMPORARY STREAM IMPACT 1 RESTORED STREAM CONSTRUCTION STREAM IMPACT PERMANENT FILL/ IMPACT AREA 5 92 SF DIVERTED STREAM ZONE 1 — PARALLEL 10 LF ZONE 2 — PARALLEL 360 360 ZONE 1 — PERPENDICULAR + + ZONE 2 — PERPENDICULAR M M ZONE 1 — BUFFER PROFILE VIEW - IMPACT AREA 5 CULVERT CROSSING M M SCALE: 1"=50' H ZONE 2 — BUFFER 0+00 1+00 1 +32 2r aw $ �,`3P� RCP l \ TEMPORARY N, C STRUC 400 400 1 ER J - j \ SANDBAGS - TYP. CONSTRUCTION LOD \ \✓ / \ ��,� f r i PROPOSED G E 390 390 lo f / Stream / Buffer 1 NCDENR 380 380 Existing Grade PLAN VIEW - IMPACT AREA 5 SCALE: 1 " =50' ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT PROPOSED LEGEND IMPACT AREA 5 8,595 - ROADWAY 6,280 - ROADWAY 981 SF 370 370 PERMANENT STREAM IMPACT 137 LF 3 =2.10 TEMPORARY N, C STRUC 400 400 1 ER J - j \ SANDBAGS - TYP. CONSTRUCTION LOD \ \✓ / \ ��,� f r i PROPOSED G E 390 390 lo f / Stream / Buffer 1 NCDENR 380 380 Existing Grade PLAN VIEW - IMPACT AREA 5 SCALE: 1 " =50' ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT PROPOSED LEGEND IMPACT AREA 5 8,595 - ROADWAY 6,280 - ROADWAY 981 SF 370 370 PERMANENT STREAM IMPACT z 0 w 3 a r W N = Qam = ° 7X W 0 � O �Q � y LL W Lm � a r Fn O ��> daew5 ri tie progeny of Fdem lard [wp -d n ro110 be reproduced M eTrnW -'w rrn Yr�rmssolwl NC LICENSE. CC,,-2745 B vRiuMiiynar NOT FOR CONSTRUCTION � � a o Z �W �m LLJ o W U a J � u W �> oa 10 �Z5 W V 0 oa �7 W m z w _f° Z•_ W N MAY zo, zois »� nm sumac m M JBE Er. iiov -ooi BE-6 137 LF z 0 w 3 a r W N = Qam = ° 7X W 0 � O �Q � y LL W Lm � a r Fn O ��> daew5 ri tie progeny of Fdem lard [wp -d n ro110 be reproduced M eTrnW -'w rrn Yr�rmssolwl NC LICENSE. CC,,-2745 B vRiuMiiynar NOT FOR CONSTRUCTION � � a o Z �W �m LLJ o W U a J � u W �> oa 10 �Z5 W V 0 oa �7 W m z w _f° Z•_ W N MAY zo, zois »� nm sumac m M JBE Er. iiov -ooi BE-6 7/ a7 1_ �11' TEMPORARY STREAM IMPACT 7 Buffer rt / Durham r / i PLAN VIEW - BUFFER IMPACT AREA 6 SCALE: 1"=50' 350 340 JJV ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 6 2,246 - PERPENDICULAR 793 - PARALLEL UTILITY 195 SF co 364 - PEDESTRIAN TRAIL 11 - PEDESTRIAN TRAIL 41 LF 267 - BMP BYPASS CHANNEL 1,416 - PERPENDICULAR r� po 92 - PARALLEL 364 - PEDESTRIAN BRIDGE PARALLEL 350 340 JJV 350 340 "IN, M tp M 0 +00 1 +001 +14 PROFILE VIEW - TEMPORARY STREAM IMPACT 6 SCALE: 1"=40' H 1"=4' V PROPOSED LEGEND PERMANENT STREAM IMPACT n <D 0 co M Ci a PERMANENT r� po DIVERTED STREAM 350 340 "IN, M tp M 0 +00 1 +001 +14 PROFILE VIEW - TEMPORARY STREAM IMPACT 6 SCALE: 1"=40' H 1"=4' V PROPOSED LEGEND n z 2 14 5 a W vl i am_ = a > ° _ ,F LU ix O LLLU 49 Z LL. W a L CO � � � o n rMk w n W �� wnl,ou, r epeiW w�"� P wnn of NC LICENSE. C -2745 L 227352 DS RREl1M1NPRY NOT FOR CONSTRUCTION Paz z� Z a N m � f'0 U WJ a w � ?^ zw Na o -� �0 Wu J0"= zoo w m W w2-W �z� zI z± W ,^N 1" =50' QM rMAY 20, 2015 ,� ,wa F La." MR BSR I JBE 1109-001 BE -7 PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER n z 2 14 5 a W vl i am_ = a > ° _ ,F LU ix O LLLU 49 Z LL. W a L CO � � � o n rMk w n W �� wnl,ou, r epeiW w�"� P wnn of NC LICENSE. C -2745 L 227352 DS RREl1M1NPRY NOT FOR CONSTRUCTION Paz z� Z a N m � f'0 U WJ a w � ?^ zw Na o -� �0 Wu J0"= zoo w m W w2-W �z� zI z± W ,^N 1" =50' QM rMAY 20, 2015 ,� ,wa F La." MR BSR I JBE 1109-001 BE -7 PERMANENT FILL/ DIVERTED STREAM -- sw ` I �ii►1�1= • 1 it P� I� STREAM RELOCATION 1 •_ r G- CONSTRUCTION LOD / ,-- i � 1 IlII`I �laws!!iIl 1• ► ... 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ZLd °x ZW N °. o W J0 c z 0 � N W i °u •z � ; 3 z Za W ry 1._�• MAY 20, 2015 BSR BSR JBE 1109X001 BE 10'x Sso.78z o' CONC \ Existing Grade 06 co 04 06 0 04 co 360 350 340 330 320 8 ed 17 1+00 1 +28 PROPOSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT STREAM RELOCATION PERMANENT FILL/ DIVERTED STREAM ZONE 1 - PARALLEL ZONE 2 - PARALLEL ZONE 1 - PERPENDICULAR ZONE 2 - PERPENDICULAR ZONE 1 - BUFFER ZONE 2 - BUFFER L-MA� kA V W Q U) Z 9 m d oae c dos LU cz O � Z a �' LL LAJ 5 Q 0 � � o rN, a.w.q n �k P,oK,�r of Edwn lam cpw.na x np i c. �.v�oap,.a wrok a w, v wnnwi le.n m<o�p NC LICENSE# C -2745 1 27352 -° e ` PRELIMINARY NOT FOR CONSTRUCTION ynaza zr IZW �n zoa U� A W =-1 J W �? ZLd °x ZW N °. o W J0 c z 0 � N W i °u •z � ; 3 z Za W ry 1._�• MAY 20, 2015 BSR BSR JBE 1109X001 BE CONSTRUCTION LOD WWI' \� _,,,,—TEMPORARY CONSTRUCTION �1/ C CONSTRUCTION j DIVERSION — SANDBAGS TYP. 50' \ i Buffer 1 (am) L /� 1 1 1 1 1 I'll 1 Vwvl1 PLAN VIEW - IMPACT AREA 8 390 PROPOSED GRADE 380 370 390 380 370 360 360 i 1J/ 1 Existing Grade 350 N PROFILE VIEW - IMPACT AREA 8 CULVERT CROSSING SCALE: 1"=40' H 1 " =4' V O1 ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT IMPACT AREA 8 6,790 - ROADWAY 4,586 - ROADWAY 360 SF RESTORED 115 LF 390 PROPOSED GRADE 380 370 390 380 370 360 360 i 1J/ 1 Existing Grade 350 N PROFILE VIEW - IMPACT AREA 8 CULVERT CROSSING SCALE: 1"=40' H 1 " =4' V O1 � Tl co Ni Lo M PROPOSED LEGEND PERMANENT STREAM IMPACT to a M "' RESTORED m � Tl co Ni Lo M PROPOSED LEGEND W Q V N Z a. Q~ S O �m u,o� _2 =� LU C O LL LU Q 0 Z � W LL. LY uJ Q co " �b«wVntk pope. al[hm pWa roi ,e egaEuted w tepee n X,e epeateE written a moon of Ftlem laM <ap NC LICENSE. C -2745 CAP L 21% _ V) am- W Z��� �m Da W U° J m W QZL �x ZW n° Po -jz �_ W zoo N e—, —n W mz W °w Z a; if W N A MAY 20, 2015 m m ]BE 1109.001 BE -w9 PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 - PARALLEL ZONE 2 - PARALLEL ZONE 1 - PERPENDICULAR ZONE 2 - PERPENDICULAR ZONE 1 - BUFFER ZONE 2 - BUFFER W Q V N Z a. Q~ S O �m u,o� _2 =� LU C O LL LU Q 0 Z � W LL. LY uJ Q co " �b«wVntk pope. al[hm pWa roi ,e egaEuted w tepee n X,e epeateE written a moon of Ftlem laM <ap NC LICENSE. C -2745 CAP L 21% _ V) am- W Z��� �m Da W U° J m W QZL �x ZW n° Po -jz �_ W zoo N e—, —n W mz W °w Z a; if W N A MAY 20, 2015 m m ]BE 1109.001 BE -w9 PLAN VIEW - IMPACT AREA 9 SCALE: 1"=50' —� z 50' Stream Buffer i PLAN VIEW - IMPACT AREA 10 SCALE: 1"=50' ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT IMPACT AREA 9 1,718 - ROADWAY 2,681- ROADWAY 90 SF 30 LF 50' Stream Buffer i PLAN VIEW - IMPACT AREA 10 SCALE: 1"=50' PROPOSED LEGEND ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) IMPACT AREA 10 231 - PERPENDICULAR 747 - PERPENDICULAR PROPOSED LEGEND z O w K z 5 a V W a Vl = Q~ z o dm a o a > � r X O h FX m O Lu C � Q ' _ W f LL W LU Q m � NC LICENSE- CC-2745 PREUMi NARY NOT FOR CONSTRUCTION �aI �z o w�� Z U0 i' W UO a W x ZW- o -f LLJ Q. �o J� "_ zo< > �7 w m = z; �� z< w� :"= ' M015 rsscn a�ca BSR )BE 1109.001R BE -10 PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER TTal �x�� z O w K z 5 a V W a Vl = Q~ z o dm a o a > � r X O h FX m O Lu C � Q ' _ W f LL W LU Q m � NC LICENSE- CC-2745 PREUMi NARY NOT FOR CONSTRUCTION �aI �z o w�� Z U0 i' W UO a W x ZW- o -f LLJ Q. �o J� "_ zo< > �7 w m = z; �� z< w� :"= ' M015 rsscn a�ca BSR )BE 1109.001R BE -10