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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. 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LU og u u LU co D z o;� z mo. 0 Lu b �o C') z Z U 0 z =) t 8 z z z LU (D z z LU z z z z 0 z z < < < 0 --,..A . jd.�,- Oki z 0 t z z 0 u 0 z z L - on C) U L o z z t; t; o UE IL z z z kLNnOOV4VHiVHDIZTELZVNIIO��HiSON'O�OSS.LLid SdVN iDVdVq I NlIVdWVHIVH:)IVEIE13MI3G GNV113M (INV MMIS H E Z' zz" m�g 9 z 5m. ELI -All —1 Z- oLA7 < Ix" - — / / -'z <Zo E8 V\ u z LL: L� -z' wou u 9,� wz )�z <w ZH <- o9t� I.Zl Sgiv MITIGATION/CONSTRUCTION PHASING PLAN SJOAalnS I SJ@Uueld I sJaau!2u3 -1 !1 v I Pli j9U9Ae�jsja'j ON IN VNIIOWD HRJON'OWSSJlld JO NMOI 17'R CSZ'VZ'I, S3SVHd )IUVd VYVHiVHD iV 983M 130 HOJ iVldklJVNIWI13dd NV]d DNISVHd r4 u 0 0 z LU a. (n 50; bi :gil 0 1� 0 z Z LU cn D cl o po -Z z X Lu �- z U) — 0 -cc m W Z In z 0 P: 2 z Z 0 W F- z w LU C, 00 w w z cl Z Z 2 < =o' 'w- Lu L-U� SE 3: 0- co LU co (L c LOU LU N W, .0: 6' 50; 'L'U ' (L Z z z w 0 Lu ZO LLI - Lu 7- (07 P5 < - Z oz 0:5!= 0 <' 0 ZO M LU LLI,, T D �- ZOW @ w LU F-- I-- (D �: z z (.) (1) c < w z 0 op (L 3: ('L Co N LL, L) co z 0 gas I z (D (D "I -- --- --- I I I'l W� I Lu " , 2 ---- ---------- A -------- z r ---1 c ------------ 1 - - ----- ------------ 0 F- QR 11 z 0 8 T— ia W w 0 0 U, z w P= < �- 0 �- 0 0 Z 0) (D -E 0 �z L'u 0 Lu 0 z z z 0 Lu Lu WW al� 0- 0. cn JI-- -------- -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