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HomeMy WebLinkAbout20230142 Ver 1_USACE Permit_20240123DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 23, 2024 Regulatory Division Action ID: SAW-2021-01284 Pulte Home Company, LLC Attn: Mr. Chris Raughley 1225 Crescent Green Drive, Suite 250 Cary, North Carolina 27518 Dear Mr. Raughley: In accordance with your written request of January 25, 2023, and the ensuing administrative record, enclosed is a copy of a permit to permanently discharge dredged or fill material into 0.521 acre of jurisdictional wetlands and 0.298 acre (2,514 linear feet) of stream channel, 0.260 acre (2,314 linear feet) of which result in a loss of waters, and the temporary discharge of dredged or fill material into 0.216 acre of wetlands and 0.093 acre (553 linear feet) of stream channel. These impacts are associated with the construction of the Del Webb at Chatham Park project, a 55+ active adult community with 1,666 single-family residential homes, amenities, and associated infrastructure, located at 496 Moncure Pittsboro Road, in Pittsboro, in Chatham County, North Carolina. You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating in the space provided ("Permittee" on page 3). Your signature, as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All pages of the signed permit with drawings should then be returned to this office for final authorization. Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will be charged for permit applications when the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise...", and "A fee of $100 will be charged for permit applications when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services." As your application fits the latter category, you are requested to remit your payment electronically via Pay.gov (https://www.pay.gov). Pay.gov instructions can be found at https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021coll11/id/5786. As an option, you may choose to pay with a check for $100, made payable to the Finance and Accounting Officer, USAED, Wilmington. -2- This correspondence contains a proffered permit for the above -described site. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Rachel A. Capito 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 22, 2024. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision contained in this correspondence. After the permit is authorized in this office, we will then return the signed permit to you. If you have questions, please contact Rachel Capito at the Raleigh Regulatory Field Office, telephone (919)-440-1823 or via email at Rachel.A.Capito(aD-usace.army.mil. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at https:Hregulatory.ops.usace.army.miI/customer- service-survey/ and completing the survey on-line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Sincerely, -07 for Tommy Fennel Chief, Regulatory Division Wilmington District Enclosures E-Copy Furnished w/attachments: -3- Ian McMillian, WithersRavenel, Imcmillan(a)withersravenel.com Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(a)-epa.gov Sue Homewood, North Carolina Division of Water Resources, sue. homewood(a)deg.nc.gov DEPARTMENT OF THE ARMY PERMIT Permittee Pulte Home Company, LLC Attn: Chris Raughley Permit No. SAW-2021-01284 Issuing Office CESAW-RG-R NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The project involves the construction of the Del Webb at Chatham Park project, a 55+ active adult community with 1,666 single-family residential homes, amenities, and associated infrastructure. The project involves the permanent discharge of dredged or fill material into 0.521 acre of jurisdictional wetlands and 0.298 acre (2,514 linear feet) of stream channel, 0.260 acre (2,314 linear feet) of which result in a loss of waters, and the temporary discharge of dredged orfill material into0.216 acre of wetlands and 0.093 acre (553 linear feet) of stream channel. Project Location: The site address for the Project is 496 Moncure Pittsboro Road, in Pittsboro, in Chatham County, North Carolina. The Project Site is comprised of four (4) parcels (Chatham Co. Parcel Nos. 60774 [146.42 acres], 7413 [227.03 acres], 89720 [16.38 acres], and 95729 [357.20 acres]) totaling 747.03 acres. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December31, 2034. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, orto other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contraryto the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. 2 *U.S. GOVERNMENTPRINTING OFFICE: 1986 - 717-425 b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original pub Iic interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition establishes a time limitforthe completion of the activity authorized bythispermit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) PULTE HOME COMPANY, LLC (DATE) MR. CHRIS RAUGHLEY This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) BRAD A. MORGAN, COLONEL (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMENTPRINTING OFFICE: 1986 - 717-425 SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY WORK LIMITS/ NOTIFICATION 1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans entitled, "Overall Stream and Wetland Impacts, Maps 1-9, A -AA," which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. 4. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting between their representatives, contractor's representatives, and the appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall schedule the preconstruction meeting for a time frame when the Corps and NCDEQ-DWR Project Managers can attend. The Permittee shall invite the Corps and NCDEQ-DWR Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. The thirty (30) day requirement can be waived with the concurrence of the Corps. 5. Notification of Construction Commencement and Completion: The Permittee shall notify the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District, Raleigh Regulatory Field Office, Attn: Rachel Capito at SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY 919-440-1823 or Rachel.A.Capito(o)-usace.army.mil. The Permittee shall reference the following permit number, SAW-2021-01248, on all submittals. 7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 8. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act shall be reported to the Corps in writing and by telephone at: 919-440-1823 or Rachel.A.Capito(a�usace.army.mil within 24 hours of the Permittee's discovery of the violation. ENDANGERED SPECIES ACT 9. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District Raleigh Field Office, Attn: Rachel Capito, at 919-440-1823 Rachel.A.Capito(a�usace.army.mil will be immediately notified to initiate the required Federal coordination. 10. Tricolored Bat: Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the perm ittee must contact the Corps' (Raleigh NCREG@usace.army. mil) to determine if additional coordination with the USFWS is required under Section 7 of the ESA prior to continuing work. NATIONAL HISTORIC PRESERVATION ACT 11. National Historic Preservation Act: If the Permittee discovers any previously unknown historic, cultural, or archeological remains and/or artifacts while accomplishing the activity authorized by this permit, the Permittee must immediately notify the U.S. Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office, Attn: Rachel Capito, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 or Rachel.A.Capito(a�usace.army.mil to initiate the required Federal coordination. 2 SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY The Permittee must notify the Corps of what has been found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. RELATED LAWS AND REQUIREMENTS 12. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters and/or wetlands. 13. Fills Within 100-Year Floodplains: The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 14. Sediment and Erosion Control: a. During the clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non -erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. b. No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. C. The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. d. The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to ensure compliance with the appropriate 3 SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 15. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. 16. Temporary Impacts Restoration Measures: Within thirty (30) days of the date of completing the authorized work, the Permittee shall remove all temporary fills in waters of the United States and restore the affected areas to pre -construction contours and elevations. The affected areas shall be re -vegetated with native, non-invasive vegetation as necessary to minimize erosion and ensure site stability. In wetland areas where pipeline installation via trenching is authorized, wetland topsoil shall be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench shall be backfilled with topsoil from the trench. 17. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. 18. Culverts: a. Unless otherwise requested in the application and depicted on the approved permit plans, culverts greater than 48 inches in diameter shall be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter and less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain existing channel slope. The bottom of the culvert shall be placed at a 4 SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts shall be designed and constructed in a manner that minimizes destabilization and head cutting. b. Measures shall be included in the culvert construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a culvert or pipe shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gauge data, if available. In the absence of such data, bankfull flow can be used as a comparable level. C. The Permittee shall implement all reasonable and practicable measures to ensure that equipment, structures, fill pads, work, and operations associated with this project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but are not limited to, channel instability, flooding, and/or stream bank erosion. The Permittee shall routinely monitor for these effects, cease all work when detected, take initial corrective measures to correct actively eroding areas, and notify this office immediately. Permanent corrective measures may require additional authorization by the U.S. Army Corps of Engineers. d. Culverts placed within wetlands must be installed in a manner that does not restrict the flows and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water shall not be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. AQUATIC LIFE 19. Aquatic Life Movement: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. All discharges of dredged or fill material within waters of the United States shall be designed and constructed, except as authorized as indirect impacts, to maintain low flows to sustain the movement of aquatic species. 20. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside 5 SPECIAL CONDITIONS ACTION ID: SAW-2021-01284 DEL WEBB AT CHATHAM PARK CHATHAM COUNTY coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). COMPENSATORY MITIGATION 21. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Forms. The requirements of these forms, including any special conditions listed on the forms, is hereby incorporated as special conditions of this permit. Construction within jurisdictional areas on the property shall begin only after the perm ittee has made payments per the below mitigation table to either an approved mitigation bank or the NCDMS within the service area and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required. Impact Type/Area Mitigation Proposed Mitigation Construction Phase Phase Ratio Stream Wetland AC LF (Functional Loss) 875 LF 1,750 LF Phase 1 Phase 1 2.1 0.099 AC 0.20 AC Phases 822 LF 1,644 LF Phase 2 2A,2B. 3 & 4 2:1 N"A NIA 617 LF 1,234 LF Phase 3 Southern 2 1 Section 0.422 AC 84 AC Total Mitigation Proposed 1.04 AC 4,628 LF The cost of credits will be the current price at the time of payment, not the current price at the time of permit issuance. No work on any phase of the project shall begin until the Compensatory Mitigation Responsibility Transfer Form specific to that phase has been signed by the mitigation sponsor and returned to the Corps project manager. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Pulte Home Company, LLC, Chris File Number: SAW-2021-01284 Date: 01/23/2024 Rau hley Attached is: See Section below ❑x INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL WITHOUT PREJUDICE C ❑ PERMIT DENIAL WITH PREJUDICE D ❑ APPROVED JURISDICTIONAL DETERMINATION E ❑ PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatorv- :Iroaram-and-Permits/appeals/ or 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 Permit, you may sign the permit document and return it to the district engineer for final 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 determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final 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 determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, 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 WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a 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. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • 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 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. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, may contact: or to submit your request for appeal, you may District Engineer, Wilmington Regulatory Division contact: Attn: Rachel Capito Philip Shannin Raleigh Regulatory Office Regulatory Appeals Review Officer U.S Army Corps of Engineers South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth St SW, Floor M9 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8803 Philip.A.Shannin2(@usace. army. mil 404-562-5136 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. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative 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 information that is already in the administrative record. 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 opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company, LLC C/o Chris Raughley Action ID: SAW-2021-01284 Project Name: Del Webb at Chatham Park Phase 1 Mitigation County: Chatham Instructions to Permittee: The Permittee must provide a copyof this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility to ensure that Wilmington District Project Manager identified on pagetwo is in receiptofa signed copyofthisform before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 875 0.099 * If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1750 0.2 Mitigation Site Debited: Wildlands Holdings (List the name of the bank to be debited. For umbreIla banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certifythat the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currentlyavailable at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within ju risd ictional areas authorized bythe permit identified on pageone of thisform can begin onlyafter the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction withinjurisd ictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains f u Ily responsible for the mitigation until the District has received this form, confirmingthatthe Sponsor has accepted responsibilityfor providingthe mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a newversion ofthis form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • This compensatory mitigation requirement is specificto all of the mitigable stream and wetland impacts associated with Phase 1 of the Del Webb at Chatham Park proiect. Completion of this mitigation requirement is due prior to initiating any impacts as authorized within Phase 1. This form is not valid unless signed below bythe District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SA WMIT(EDusa ce. army. mill. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Rachel A. Capito USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: rachel.a.capito@usace.army.mil CAPITO.RACHEL. Digitally signed by CAPITO.RACHELANN.153627679 ANN. 1 536276790 Date: 2024.01.2307:40:00.05'00' Wilmington District Project Manager Signature January 23, 2024 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company, LLC C/o Chris Raughley Action ID: SAW-2021-01284 Project Name: Del Webb at Chatham Park Phase 2 Mitigation County: Chatham Instructions to Permittee: The Permittee must provide a copyof this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility to ensure that Wilmington District Project Manager identified on pagetwo is in receiptofa signed copyofthisform before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 822 * If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1664 Mitigation Site Debited: Wildlands Holdings (List the name of the bank to be debited. For umbreIla banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certifythat the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currentlyavailable at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within ju risd ictional areas authorized bythe permit identified on pageone of thisform can begin onlyafter the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction withinjurisd ictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirmingthat the Sponsor has accepted responsibilityfor providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a newversion ofthis form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • This compensatory mitigation requirement is specificto all of the mitigable stream and wetland impacts associated with Phase 2 of the Del Webb at Chatham Park proiect. Completion of this mitigation requirement is due prior to initiating any impacts as authorized within Phase 2. This form is not valid unless signed below bythe District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587(or byemail to SA WMIT(EDusace.army. mill. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Rachel A. Capito USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: rachel.a.capito@usace.army.mil CAPITO.RACHEL. Digitally signed by CAPITO.RACHELANN.153627679 ANN. 1536276790 Date: 2024.01.23 07:39:40 -05'00' Wilmington District Project Manager Signature January 23, 2024 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company, LLC C/o Chris Raughley Action ID: SAW-2021-01284 Project Name: Del Webb at Chatham Park Phase 3 Mitigation County: Chatham Instructions to Permittee: The Permittee must provide a copyof this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility to ensure that Wilmington District Project Manager identified on pagetwo is in receiptofa signed copyofthisform before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 617 0.422 * If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1234 0.84 Mitigation Site Debited: Wildlands Holdings (List the name of the bank to be debited. For umbreIla banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certifythat the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currentlyavailable at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within ju risd ictional areas authorized bythe permit identified on pageone of thisform can begin onlyafter the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction withinjurisd ictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirmingthat the Sponsor has accepted responsibilityfor providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a newversion ofthis form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • This compensatory mitigation requirement is specificto all of the mitigable stream and wetland impacts associated with Phase 3 of the Del Webb at Chatham Park proiect. Completion of this mitigation requirement is due prior to initiating any impacts as authorized within Phase 3. This form is not valid unless signed below bythe District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587(or byemail to SA WMIT(EDusace.army. mill. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Rachel A. Capito USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: rachel.a.capito@usace.army.mil CAPITOAACHEL.AN Digitally signed by CA PITO.RAC H E L.AN N.1536276790 N.1536276790 Date: 2024.01.23 07:38:30 -05'00' Wilmington District Project Manager Signature January 23, 2024 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2