HomeMy WebLinkAbout20230142 Ver 1_USACE Permit_20240404DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
-1343
WILMINGTON, NORTH CAROLINA 28403
April 4, 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 0.302 acre (3,475 linear
feet) of stream channel, 0.266 acre (2,344 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
0.088 acre (514 linear feet) of stream channel. An additional 0.099 acre (952 linear feet)
of stream channel will be indirectly impacted by this project. 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/pl602lcolll 1 /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.
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 May 17,
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(a-_)usace. army. m il.
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,
for Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Ian McMillian, WithersRavenel, Imcmillan(a-)_withersravenel.com
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
-1343
WILMINGTON, NORTH CAROLINA 28403
Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(@_epa.gov
Sue Homewood, North Carolina Division of Water Resources,
sue.homewood(@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 command ing off icer.
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, andassociated infrastructure.
The project involves the permanent discharge of dredged or fill material into 0.521 acre of jurisdictional
wetlands and 0.302 acre (3,475 linear feet) of stream channel, 0.266 acre (2,344 linear feet) of which result in
a lossof waters, and the temporary discharge of dredged orfill material intoO.216 acre of wetlands and 0.088
acre (514 linearfeet) of stream channel. An additional 0.099 acre (952 linearfeet) of stream channel will be
indirectly impacted by this project.
Project Location: The site address forthe 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 December3l, 2034. If youfind that you need more
timeto complete the authorized activity, submit your request foratime extensionto 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 transferto 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 bythis permit, you must immediately notifythis office of whatyou 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 waterquality certification has been issued foryour project, you mustcomply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copyof the certification is
attached if it contains such conditions.
ENG FORM 172 1, Nov 86 EDITIONOFSEP 821SOBSOLETE. (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 notobviate the need to obtain other Federal, state, orlocal 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 Governmentdoes not assume any liability for the
following:
a. Damages to thepermitted projector uses thereof as a resultof otherpermitted or unpermitted activities or
from natural causes.
b. Damages to thepermitted projector uses thereof as a resultof currentorfuture activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, orto otherpermitted 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 contrary to 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. GOVERNWNTPRINITNG 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 surfaceswhich this officedid notconsider in reaching the original public 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 1 establishes a time limitforthe completion of the activity authorized by this permit,
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 g ive favorable consideration to a req uest for an extension of this
time limit.
Yoursignature below, as permittee, indicatesthat youacceptand agree to complywith the terms and conditions of
this permit.
(PERMITTEE) PULTE HOME COMPANY, LLC (DA TE)
MR. CHRIS RAUGHLEY
This p erm it b ecomes effective when the Fed eral off icial, des ignated to act for the Secretary of the Army, has signed
below.
(DISTRICT COMMANDER) BRAD A. MORGAN, PE (DA TE)
COLONEL, U.S. ARMY
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) (DA TE)
*U.S. GOVERNWNTPRINITNG 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(a_)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.miI 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.miI 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 permittee must contact the Corps' (RaleighNCREG@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.miI to initiate the required Federal coordination.
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
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 11 3A 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
backf illed 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
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/installat ion 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
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
permittee 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.
SPECIAL CONDITIONS
ACTION ID: SAW-2021-01284
DEL WEBB AT CHATHAM PARK
CHATHAM COUNTY
PROPOSED PHASED MrDGATFON PLAN - ReOsed 911G12023
Mifig�tion Ph�
ConrMLKtion Phase
IMPaGt it
Shel-t fo
Impact TypejArea
R@1 c
Midgation Proposed
Stream LF
(Functional L��
Wettand AC
. J
AC
Phwe
Fhase I
Phaze I Uirect
I mpa=
S1
A
1G1
2:1.
S13
F
106
517
G
220
W2
G
0.007
527
J
84
W4
K
U-02S
WS
K
0.01
S30
L
32
TOTAL PHASE
I M ITIGATION
543
0142
IGH
D.i
Pha5e.2
Pha� —OA, 213, 3 4
Pha� 2 Duea IrnpwU
29
E
108
2:1
S21
H
lit
524
1
is
S32
M
148
533
V!
113
W7
V!
(1.006
WE
M
().M
W9
V!
O-U63
S36
N
192
TOTAL DIRECT- IMPACTS
E78
Q.OK
13SG
G
Indirect Secondary Intpacts
575
1313
349
349
57G
1113
G03
G03
I TOTAL INDIRECT )MRACTS
952
952
TOTAL PHASE 24MITIGATION
16�0
o092
2ncs
0.2
PhEkse 3
Phase 3 - Southern
Sect�n S�Ah cff
Chatham ParkWa�
Ph3se 3 Nrect
I mpaEts
WIL
0
O.W5
2-1
539
0
108
VV12
0
0.0m
W14
0
0.002
S43
P
108
S47
Q
198
S49
R
42
S54
T
41
S56
IJ
198
—
W17
IJ
0.229
W19
U
O.00DS
561
v
IG2
%V26
z
().DX
&69
z
130
W28
z
0.144
5:,3
JPHASF
AA
I -
TOTAL
3 M ITIGATION
7123
246
2 .80
TOTAL PROPOSED MMGATFON FOR Aa PHASES
32%
_L.391
(1.52S
1 I'D
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: 4/4/2024
Raughley
Attached is.
See Section below
Fx1
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
F-1
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
0
PERMIT DENIAL WITHOUT PREJUDICE
C
F-1
PERMIT DENIAL WITH PREJUDICE
D
F-1
APPROVED JURISDICTIONAL DETERMINATION
E
[-]
I 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. u sace. army. mi I/M i ss ions/ Civi I- Wo rks/Reg u I ato ry-
Program-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 11 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 11 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 11 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 11 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 forfurther 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.ShanninU@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 copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
543
1
1
*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
1086
Mitigation Site Debited: Wildlands Holdings -Cane Creek Umbrella Mitigation Bank -UT to Pine hill Mitigation site or
Bethel Branch Mitigation Site or South Fork Mitigation Site
(Listthe name of the bankto beclebited. Forumbrella banks, also listthe specificsite. ForNCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identifieclon 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 withinjurisclictional 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 forthe mitigation until the District has received this
form, confirmingthatthe 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 Pe rmittee's responsibility toe nsu re 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 thisform has been signed and returnedtc)
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 anew version of this 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 specific to all of the mitigable stream and wetland impacts associated
with Phase 1 of the Del Webb atChatharn Park proaect. 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
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.ANN.153 Digitally signed by
CAPITO.RACHEL.ANN.1 536276790
6276790 Date: 2024.04.03 16:21:37 -04'00'
Wilmington District Project Manager Signature
April 4, 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 1 Mitigation County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
1 0.042
1
*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
0.1
Mitigation Site Debited: Wildlands Holdings -Flat Rock Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. IftheNCDMS
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: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identified on page one of this form 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 withinjurisclictional 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 forthe mitigation until the District has receivedthis
form, confirmingthatthe 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 thisform has been signed and returnedto
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 anew version of this 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 specific to all of the mitigable stream and wetland impacts associated
with Phase 1 of the Del Webb atChatharn Park pronect. 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
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.AN Digitally signed by
CAPITO.RACHEL.ANN.1536276790
N.1 536276790 Date: 2024.04.03 16:21:57 -04'00'
Wilmington District Project Manager Signature
April 4, 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 copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
1630
1
1
*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
2308
Mitigation Site Debited: Wildlands Holdings Cane Creek Umbrella Mitigation Bank- LIT to Pine Hill Mitigation Site or
Bethel Branch Mitigation Site or South Fork Mitigation Site
(Listthe name of the bankto beclebited. Forumbrella banks, also listthe specificsite. ForNCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identifieclon 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 withinjurisclictional 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 forthe mitigation until the District has receivedthis
form, confirmingthatthe 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 Pe rmittee's responsibility toe nsu re 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 thisform has been signed and returnedto
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 anew version of this 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 reci ui rement is specific to all of the mitigable stream and wetland impacts associated
with Phase 2 of the Del Webb atChatharn Park proaect. 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
LISACE Project Manager: Rachel A. Capito
LISACE 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
Digitally signed by
CAPITO.RACHEL . CAPITORACHELANNA 53627679
ANN. I 536276790'Date: 2024.04.03 16:25:51 -04'00'
Wilmington District Project Manager Signature
April 4, 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 copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
1 0.092
1
*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
0.2
Mitigation Site Debited: Wildlands Holdings Flat Rock Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. IftheNCDMS
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: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identifieclon 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 withinjurisclictional 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 forthe mitigation until the District has receivedthis
form, confirmingthatthe 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 Pe rmittee's responsibility toe nsu re 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 thisform has been signed and returnedto
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency ReviewTearn (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and anew version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
0 This compensatory mitigation recl ui rement is specific to all of the mitigable stream and wetlandimpacts associated
with Phase 2 of the Del Webb atChatharn Park pronect. 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
LISACE 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.ANN.153 Digitally signed by
CAPITO.RACHELANNA 536276790
6276790 Date: 2024.04.03 16:26:24 -04'00'
Wilmington District Project Manager Signature
April 4, 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 copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
1123
1
1
*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
2246
Mitigation Site Debited: Wildlands Holdings Cane Creek Umbrella Mitigation Bank -UT to Pine HIII Mitigation Site or
Bethel Branch Mitigation Site or South Fork Mitigation Site
(Listthe name of the bankto beclebited. Forumbrella banks, also listthe specificsite. ForNCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identifieclon 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 withinjurisclictional 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 forthe mitigation until the District has receivedthis
form, confirmingthatthe 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 Pe rmittee's responsibility toe nsu re 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 thisform has been signed and returnedto
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency ReviewTearn (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and anew version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
0 This compensatory mitigation recl ui rement is specific to all of the mitigable stream and wetlandimpacts associated
with Phase 3 of the Del Webb atChatharn Park pronect. 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
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.ANN. Digitallysigned by
CAPITORACHELANN.1 536276790
1536276790 Date: 2024.04.03 16:27:09 -04'00'
Wilmington District Project Manager Signature
April 4, 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 copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility toe nsure
that Wilmington District Project Manager identified on page two is in receipt of a signed copyof this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-cligit Hydrologic
Unit Code (HUC), multiple formswill be attached to the permit, and the separate formsfor 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 whetherthey have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copyof 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 RiverineFRiparian
Non-Riverinq�!�-Ripa=rian=CoastaI
1 0.391
1
*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
0.80
Mitigation Site Debited: Wildlands Holdings Flat Rock Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. IftheNCDMS
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: 1, 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
providingthe mitigation identified in this document (see the table above), associatedwith the USACE Permitteeand Acton
IDnumbershown. 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:
ure of Sponsor's Authorized Representative Date of
Page 1of2 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 jurisdictional areas authorized bythe permit identifieclon 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 withinjurisclictional 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 forthe mitigation until the District has receivedthis
form, confirmingthatthe 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 thisform has been signed and returnedto
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 anew version of this 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 recl ui rement is specific to all of the mitigable stream and wetland impacts associated
with Phase 2 of the Del Webb atChatharn Park project. Completion of this mitigation requirement is due prior to
initiating anv 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 Distrkt
Mitigation Office, 3331 Heritage TradeDrive, Suite 105, WakeForest, NC27587(or byernailto SA WMITPusace. army. m
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
LISACE Project Manager: Rachel A. Capito
LISACE 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.ANN. Digitally signed by
CAPITOAACHELANNA 536276790
1536276790 Date: 2024.04.03 16:28:52 -04'00'
Wilmington District Project Manager Signature
April 4, 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
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-T-
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 7, 2023
DWR # 20230142
Chatham County
Pulte Home Company LLC
Attn: Mr. Chris Raughley
1225 Crescent Green Dr, Suite 250
Cary NC 27518
Delivered via email to: chris.raughley@pultegroup.com
Subject: Approval of Individual 401 Water Quality Certification
Del Webb at Chatham Park
USACE Action I D# SAW-2021-01284
Dear Mr. Raughley:
Attached hereto is a copy of Certification No. WQC005943 issued to Mr. Chris Raughley and Pulte Home
Company LLC, dated June 7, 2023. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H.0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv 919.707.9000
Depa�effl of EnvImImnW
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 2 of 18
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or sue.homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
S hf61AA, II
755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512N.rthSali�sbtuy Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 3 of 18
Electronic cc: Troy Beasley, WithersRavenel
Jean Gibby, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20230142 Del Webb - Chatham - 4011C.docx
North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
4NOR�THCA�RQLINR-
DepaMent of Enviranmedal 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 4 of 18
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005943 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Mr. Chris Raughley and Pulte Home Company LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on January 26, 2023, and subsequent information on March 14, 2023, May 8, 2023
and May 16, 2023 and by Public Notice issued by the U. S. Army Corps of Engineers on February 6, 2023.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15ANCACO2H.0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
Sl-S3 — Road Crossing
101 linear feet
22 linear feet riprap
6 linear feet
101 credits
S4 — Sewer Crossing
0 linear feet
22 linear feet
0 credits
S5 — Sewer Crossing
0 linear feet
20 linear feet
0 credits
S6 — Sewer Crossing
0 linear feet
21 linear feet
0 credits
S11-S14 — Road
Crossing
106 linear feet
13 linear feet riprap
22 linear feet
106 credits
S15-S18 — Road
Crossing
220 linear feet
10 linear feet
220 credits
S28-S30 — Road
Crossing
32 linear feet
16 linear feet riprap
6 linear feet
32 credits
S51 — Sewer Crossing
0 linear feet
21 linear feet
0 credits
S55-S58 — Road
Crossing
188 linear feet
36 linear feet riprap
15 linear feet
188 credits
S59 — Sewer Crossing
0 linear feet
21 linear feet
0 credits
S67-S70 — Road
Crossing
130 linear feet
24 linear feet riprap
21 linear feet
130 credits
S71-S74 — Road
Crossing
146 linear feet
10 linear feet riprap
18 linear feet
146 credits
Totals:
1044 linearfeet
203 linearfeet
923 credits
Intermittent Streams
S7 — Sewer Crossing
0 linear feet
19 linear feet
0 credits
S8-S10 — Road
Crossing
108 linear feet
10 linear feet riprap
12 linear feet
0 credits
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 5 of 18
S19-S22— Road
Crossing
Ill linear feet
8 linear feet riprap
27 linear feet
0 credits
S23-S24 — Road fill
16 linear feet
11 linear feet
0 credits
S25-S27 — Road
Crossing Extension
84 linear feet
6 linear feet riprap
6 linear feet
0 credits
S31-S35— Road
Crossing
261 linear feet
18 linear feet riprap
26 linear feet
0 credits
S36-S37 — Road fill
182 linear feet
6 linear feet
0 credits
S38-S41
108 linear feet
8 linear feet riprap
19 linear feet
0 credits
S42-S45— Road
Crossing
108 linear feet
8 linear feet riprap
14 linear feet
0 credits
S46 — Sewer Crossing
0 linear feet
20 linear feet
0 credits
S47-S48-Road fill
198 linear feet
11 linear feet
0 credits
S49-S50-Road fill
42 linear feet
12 linear feet
0 credits
S52 — Sewer Crossing
0 linear feet
23 linear feet
0 credits
S53-S54-Road fill
41 linear feet
12 linear feet
0 credits
S60-S61 & S63
162 linear feet
18 linear feet
0 credits
S64 — Sewer Crossing
0 linear feet
29 linear feet
0 credits
S65 — Sewer Crossing
0 linear feet
24 linear feet
0 credits
S66 — Sewer Crossing
0 linear feet
22 linear feet
0 credits
S75 — Indirect Impacts
349 linear feet
0 linear feet
0 credits
S76 — Indirect Impacts
603 linear feet
0 linear feet
0 credits
Totals:
2431 linearfeet
311 linearfeet
0 credits
Riparian Wetlands
WI — Sewer Crossing
0 acres
0.007 acres
0 credits
W2— Road Crossing
0.007 acres
0 acres
0.007 credits
W3-W4— Multi -use
Path
0.025 acres
0.001 acres
0.025 credits
W5 — Fill
0.01 acres
0 acres
0.01 credits
W6- W8 — Road
Crossing
0.029 acres
0.023 acres
0.029 credits
W9— Road Crossing
0.063 acres
0 acres
0.063 credits
WIO-W14 — Road
Crossing
0.0074 acres
0.02 acres
0.0074 credits
W15 — Sewer Crossing
0 acres
0.014 acres
0 credits
W16-W20 - Road
Crossing
0.2295 acres
0.029 acres
0.2295 credits
W21 — Sewer Crossing
0 acres
0.036 acres
0 credits
W22 — Sewer Crossing
0 acres
0.009 acres
0 credits
W23/W24 — Sewer
Crossing
0 acres
0.029 acres
0 credits
W25 — Sewer Crossing
0 acres
0.002 acres
0 credits
W26-W29 - Road
Crossing
0.15 acres
0.046 acres
0.2295 credits
Totals:
0.521 acres
0.216 acres
0.521 credits
North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
4NOR�THCA�ROLINI
DepaMent of Enviranmedal 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 6 of 18
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H.0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts within each Phase as indicated below occurs. If the
Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after
issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation
Responsibility Transfer Form from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Phase I
Wetland
0.042 acres (credits)
Cape Fear/ 03030002
Stream
459 linear feet (credits)
Cape Fear / 03030002
Phase 2A, 213, 3
& 4
Wetland
0.092 acres (credits)
Cape Fear/ 03030002
Southern
Section
Wetland
0.391 acres (credits)
Cape Fear/ 03030002
Stream
464 linear feet (credits)
Cape Fear/ 03030002
Citation: 15A NCAC 02H.0506(c); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must providefor replacement of
existing uses through compensatory mitigation.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also
be required to evaluate all acquired permits to assure that they are consistent, and all relative
impacts are accounted for and shown on the construction plans. Any additional impacts to
streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other
development related activities within the Veridea Development may be considered cumulative
to impacts approved in this Certification and may require a modification of this 401 Water
Quality Certification approval.
Citation: 15ANCACO2H.0506,15ANCACO2H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses providedfor in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 7 of 18
3. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H.0506(b)(2), 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's anticlegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Ammons Development
may be considered cumulative to impacts approved in this Certification and may require a
modification of this 401 Water Quality Certification approval.
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for a//
best uses providedfor in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. The Permittee shall secure an approved stormwater management plan (SMP) from Chatham
County for each Phase before any impacts authorized this certification occur within that each
Phase. The applicable portion of the approved SMP shall be constructed and operational before
any permanent building or other permanent structure is occupied at the site. If any of the SCMs
are used as an Erosion and Sediment Control device, it must be restored to the approved
stormwater design condition within 30 days of close-out of the Erosion and Sediment Control
Plan.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within
the project limits made within the 401 application and supplemental documents. If any
additional direct, or indirect, stream, wetland, or open water impacts result from final SMP
design and/or review or approval then Permittee shall submit an application to modify the 401
certification to account for the additional impacts. Any such impact will be considered
cumulative to the project.
Citation: 15A NCAC 02H.0506(b)(2) and (3); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses providedfor in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department of EnvImInmental Qu.flfty'\
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 8 of 18
6. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
Justification: The referenced Minimum Design criteria and 02 T rules were adopted to ensure that
conditions of waters be suitable for a// best uses providedfor in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife:
secondary contact recreation: agriculture); and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis.
7. Any utility construction corridor that is parallel to a stream or open water shall not be closer than
10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, ore protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
8. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to
the stream bank).
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegrodation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
9. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. ThE
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's ontidegradation policy), the Division must evaluate if the activity has
-A North Carolina Department of Environmental Quality I Division of Water Resources
I
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 9 of 18
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
10. Permanent maintained access corridors in wetlands and across stream channels shall be restricted
to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegrodation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
11. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the
utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted
clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars.
The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan
view diagram is attached for the anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content , sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegrodation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
12. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 10 of 18
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's anticlegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards or
would result in secondary or cumulative impacts.
13. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
14. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for a//
best uses providedfor in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife, secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
15. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability
of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Citation: 15A NCACO2H.0506(b); 15A NCACO2H.0507(c); 15A NCACO2B.0200,15A NCACO2B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU, if turbidity exceeds these levels due to natural background conditions,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department of EnvImInmental Qu.flfty'\
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 11 of 18
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
16. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEIVILR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU, if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
17. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
18. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department of EnvImInmental Qu.flfty'\
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 12 of 18
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
19. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200
Justification: Surface water quality standards require that conditions of waters be suitable for a//
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU, if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
20. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert 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 culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 13 of 18
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life move ment/con nectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEIVIA-clesignated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
21. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15AO2H.0506(b),15ANCACO2H.0507(c),15ANCACO2B.0200,-15ANCACO2B.0231
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department of EnvImInmental Qu.flty'\
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 14 of 18
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
22. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b), 15A NCACO2H.0507(c); 15A NCACO2B.0200; 15A NCACO2B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
23. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
24. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 15 of 18
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
25. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in cle-stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15ANCACO2H.0506(b);15ANCACO2H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for a//
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
26. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c), 15A NCAC 02B.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
27. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department of EnvImInmental Qu.flfty'\
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 16 of 18
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
28. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetlandflora andfouna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
29. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15ANCACO2H.0507(c);N.CG.S143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for a// best uses providedfor in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
30. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for a//
best uses providedfor in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000
Pulte Home Company LLC
DWR# 20230142
Individual Certification #WQC005943
Page 17 of 18
31. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCA C 02H. 0506(b); 15A NCA C 02H. 0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
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 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 7th day of June 2023
EDocuSigned by:
s hf6A�(, II
755ABFOCD8OB428
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
CAROLINA
4NORT�H�lv
Department of EnvImInmental 919.707.9000