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
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t I.Ib•
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4
en
ID
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' Y
1 ID Ila
II
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��,� 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
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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
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PROTECT SITE VICINITY MAP:
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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. CONTRACTOR TO VDtliY DOSIaC
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3 THIS SITE IS WITHIN THE FALLS LAKE/LAKE JORDAN PROTECTED AREA F /J —B.
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PLAN VIEW - IMPACT AREA 9
SCALE: 1"=50' —� z
50'
Stream
Buffer
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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
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50'
Stream
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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
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