20150993 Ver 1_Corps of Engineer Correspondence_20150930

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW- 2015 -02034 County: Wake /Durham
Additional Information Request
Applicant MI Homes of Raleiah, LLC AuthorizedAgent Soil & Environmental Consultants
Jeremy Medlin Deborah Edwards Shirlev
Address 1511 Sundav Dr., Ste 100 Address 8412 Falls of Neuse Rd, Ste. 104
Telephone [phone] Telephone Number 919.846.5900
Location/Description of Proposed Activitv: 114 acres in the northeast quadrant of the intersection of
Andrews Chapel Road at Del Webb Arbors Drive, southeast of Durham, NC.
Type of Permit Applied For (check one): IP ( ) NWP # 14 & 29 (X) GP # ( )
Applicable law: Section 404 of the Clean Water Act (X); Section 10, Rivers and Harbor Act
THE FOLLOWING ADDITIONAL INFORMATION IS NEEDED TO COMPLETE
EVALUATION OF YOUR APPLICATION /PRECONSTRUCTION NOTIFICATION (Check all
that apply):
Your application/pre - construction notification form has not been completed and/or signed (see remarks).
Under the conditions of Nationwide Permit # , you are required to submit an aquatic resource mitigation
plan. The required plan is either insufficient or has not been included with your notification (see remarks).
Your application/pre - construction notification did not include information describing measures you have
implemented to avoid and minimize impacts to Waters of the United States.
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application/pre - construction notification did not include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows, and riffle and pool complexes as required.
X Other (see remarks)
REMARKS: Please provide the following information: The February 6, 1990, Corps /Environmental Protection
Acencv Memorandum of Acreement (MOA) established procedures to determine the tvne and level of mitigation
necessary to comply with the Clean Water Act section 404(b)(1) Guidelines. This MOA provides for first,
avoidinc impacts to waters and wetlands through the selection of the least dama2in2, practical alternative, second,
taking appropriate and practical steps to minimize impacts on waters and wetlands; and finallv, compensatinc for
anv remaining unavoidable impacts to the extent appropriate and practical. To determine "appropriate and
practicable" measures to offset unavoidable impacts, measures should be selected which are appropriate to the
scope and degree of those impacts, and practicable in terms of cost, locistics, and technolocv in licht of the overall
proiect pumose.
In addition. Condition 23 of the NWPs requires that:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both
temporary and permanent, to waters of the United States to the maximum extent practicable at the project site
(i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for
resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic
environment are minimal.

Action ID: SAW - 2015 -02034
Please provide additional information supporting that minimization has been done to the
maximum extent practicable, particularly Wetland Impacts 4A, 413, 5A, 513, 5C, and 6A. In addition,
because of the re- direction of storm water flows away from the wetlands downslove of sites 4D and 6C,
please address the indirect impacts to those wetlands, and/or re- design the storm water so that indirect
impacts are minimized. If the impacts are not minimized, the indirect effects leading to loss of those
wetlands may require compensatory mitigation. Although some of the wetlands downslope of 41) are in
the floodDlain, and may have some recharge from that system, the wetlands in the drain above the
floodDlain likely has a major hydrology source from the runoff and groundwater recharge in its upslove
drainage area.
If you do not submit the requested information within 30 days from the date of this letter, your
application will be withdrawn. If you have any questions regarding the Corps of Engineers
regulatory program, please contact Eric Alsmever at telephone number (919) 554 -4884, ext. 23 .
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 the Customer Satisfaction Survey located at our website at
httn : / /corasmanu.usace.armv.mil /cm anex/Vv= 136:4:0 to complete the survey online.
Digitally signed by ALSMEYER.ERIC.C.1081624486
C DN: USA, o =A S. Government, 108 DOD, ou =PKI,
�r ou =USA, cn= ALSMEYER.ERIC.C.1087624486
Project Manager Signature Date: 2015.09.3009:43:40 - 04'00' Date 9/30/2015
CF: NC -DEQ, Division of Water Resources, RRO, Cherri Smith