20160264 Ver 1_401 Application_20160316

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March 9, 2016
Ms. Karen Higgins PA0®
North Carolina Department of Environmental
Division of Water Resources,
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Mackintosh on the Lake — Kenross Townes (Phase 2)
AWCK Project: 16006
Dear Ms. Higgins:
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On behalf of Dan Ryan Builders, LLC, please find enclosed the PCN Form, Agent
Authorization Forms, Impact Drawing, Preliminary Construction Plans, Jurisdictional
Verification, and check for the subject project. This project is Phase 2 of a previously
approved plan for the Kenross Towns within the Mackintosh on the Lake Subdivision.
This packet is being submitted due to temporary wetland impacts resulting from the
proposed sanitary sewer installation highlighted on the impact drawing. Final
construction drawings along with stormwater, erosion control, and buffer authorization
permits will be submitted to the City of Burlington for approval. Copies of this submittal
are being sent to Mr. David Bailey with the U.S. Army Corps of Engineers and Ms. Sue
Homewood with the NC Division of Water Resources.
Should there be any questions concerning this submittal, please let me know.
Sincerely,
ALLEY, WILLIAMS, CARMEN & KING, INC.
S. Kyle Smith, P.E.
Enclosures
cc: Bret Mangum, Dan Ryan Builders, LLC
David Bailey, U.S. Army Corps of Engineers
Sue Homewood, NC DWR (email)
740 Chapel Hill Road (27215) • P O. Box 1179 • Burlington, North Carolina 27216
Tel - [phone] • Fax - [phone] • awck.com
ESTABL1WED • 1960

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Office Use Only
Corps action ID no.
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps.
®Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1 d
Type(s) of approval sought from the DWQ (check all that apply)*
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit.
❑ Yes ®No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
❑ Yes ® No
1g. Is the project located in any of NC's twenty coastal counties If yes, answer 1h
below
❑ Yes ® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a
Name of project
Kenross Townes (Phase 2) - Parcel O
2b
County-
Alamance KtutIVED
2c.
Nearest municipality / town
Burlington
2d. Subdivision name
Mackintosh on the Lake
2e
NCDOT only, T I P. or state
project no.
DENR-EAN0 QUAL[Ty
�VOQprjW .' ,
3.
Owner Information
3a
Name(s) on Recorded Deed.
Real Property Holding - Alamance County I, NC, LLC c/o PNC Bank, N A.
3b
Deed Book and Page No
2884/0574
3c
Responsible Party (for LLC if
applicable)
Charles Suttle
3d. Street address.
1900 E 9'h Street, 22nd Floor
3e
City, state, zip
Cleveland, OH 44114
3f
Telephone no :
216-222-6021
3g
Fax no..
855-843-2338
3h
Email address
[e-mail]
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Developer - Expected to purchase the property from
Real Property Holding in near future.,
4b. Name:
Robert Shank
4c. Business name
(if applicable)
Dan Ryan Builders NC, LLC
4d Street address
3131 RDU Center Drive, Suite 120
4e City, state, zip:
Morrisville, NC 27560
4f Telephone no
919-816-2336
4g. Fax no.*
4h. Email address:
rshank@danryanbudders com
5. Agent/Consultant Information (if applicable)
5a. Name-
Kyle Smith
5b Business name
(if applicable).
Alley, Williams, Carmen & King, Inc
5c. Street address:
740 Chapel Hill Road
5d. City, state, zip.
Burlington, NC 27216
5e Telephone no.:
[phone]
5f. Fax no
[phone]
5g. Email address
ksmith@awck com
Page 2 of 11 -
PCN Form —Version 1.3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a
Property identification no. (tax PIN or parcel ID):
3-23-7A
Latitude 36.061576 Longitude: -
1b
Site coordinates (in decimal degrees):
79.523021
(DD DDDDDD) (-DD DDDDDD)
1c
Property size.
17.62± acres
2.
Surface Waters
2a
Name of nearest body of water (stream, river, etc.) to
UT to Back Creek
proposed project
2b. Water Quality Classification of nearest receiving water:
WS -V, NSW
2c.
River basin
Cape Fear
3.
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The site is a continuation of a townhome community within the Mackintosh on the Lake Subdvision. Phase 1 of the
townhome community was constructed in 2007-2008 and consists of 65 townhomes. Phase 2 will extend Kenross Drive
and add approximately 84 townhomes. General land use within the vicintiy of the project is residential. The proposed
phase 2 is currently wooded.
3b
List the total estimated acreage of all existing wetlands on the property.
The entire Mackintosh on the Lake Subdivision property was previously delineated by Wendell Overby with Soil &
Environmental Consultants, PA. Verification was performed by Craig Brown with the US Army Corps of Engineers on
January 25, 2012.There are approximately 0 41 acres of existing wetlands within the Kenross Townes (Parcel O) section
of the Mackintosh on the Lake Subdivision
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
The entire Mackintosh on the Lake Subdivision property was previously delineated by Wendell Overby with Soil &
Environmental Consultants, PA. Verification was performed by Craig Brown with the US Army Corps of Engineers on
January 25, 2012 There is approximately 1,100 linear feet of of existing streams within the Kenross Townes (Parcel O)
section of the Mackintosh on the Lake Subdivision.
3d
Explain the purpose of the proposed project:
The purpose of this project is to provide townhomes within the Mackintosh on the Lake Subdivision This project is phase
2 of the Kenross Towns community. Phase 1 consisted of 65 townhomes and phase 2 consists of approximately 84
townhomes
3e.
Describe the overall project in detail, including the type of equipment to be used:
This project will consist of the construction of roads, parking areas, budding pads, water lines, sewer lines, storm drains
and other utilities Approximately 84 townhomes will be constructed as part of this project. Excavators, dozers, loaders,
pans, trucks, and various hand tools will be used to complete this project.
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments. The entire Machintosh on the Lake Subdivision
received a jurisdictional determination on January 25, 2012.
4b If the Corps made the jurisdictional determination, what type
Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Soil & Environmental
Name (if known) Wendell Overby
Consultants, PAOther.
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
January 25, 2012. Corps Action ID SAW -2012-00161. See Attached
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b If yes, explain.
This project is phase 2 of the Kenross Townes development within the Mackintosh on the Lake Subdivision. This is the
final planned phase for the Kenross Towns development.
Page 4 of 11
PCN Form — Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a.
2b.
2c
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ®T
Temporary
® Yes
® Corps
0 025
Excavation
❑ No
❑ DWQ
W2 [:]PMT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.025
2h Comments. The proposed development will temporarly impact 0 025 acres of wetlands due to the installation of a sewer
line. The wetland will be restored after the installation of the sewer line.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a
3b
3c.
3d.
3e
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑P❑T
El PER
El Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
0
31 Comments Stream impacts are not proposed
Page 5 of 11
PCN Form —Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below.
4a
4b.
4c
4d.
4e.
Open water
Name of waterbody
impact number—
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4E Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g Comments. Constructed ponds or lakes are not being proposed for this portion of the site.
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i Expected pond surface area (acres).
5j. Size of pond watershed (acres) -
5k Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ® Other Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c
6d.
6e
6f.
6g
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
B1 ❑PFIT
-required?
❑Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
6i Comments: Buffer authorization will be obtained through the City of Brulington.
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The subdivision has been designed to not encroach on the wetlands and streams Due to the topography, 1,110 7 sf of
wetlands will be temporarily impacted by a sewer line that must cross the wetland area to tie into an existing sewer outfall at
the proper elevation. Impacted width will be minimized to 30 feet across the wetland for access and constructability. The
temporary wetland impacts will be restored to after construction. An anti-seep collar will be installed on the sewer line as to not
drain the wetland.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The sewer line was designed to cross the wetland at near perpendicular Retaining walls will be used at other fill encroaching
fill areas to avoid filling within the wetlands. An anti-seep collar will be placed on the sewer line to keep from draining the
wetland
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank:
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached
❑ Yes
4b Stream mitigation requested-
linear feet
4c If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f Non-npanan wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h Comments. Buffer authorization will be obtained through the City of Burlington.
Page 8 of 11
PCN Form —Version 1 3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why
Comments- Diffuse flow will be obtained prior to stormwater entering the buffer.
® Yes ❑ No
Buffer authorization will be obtained through the City of Burlington.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
24%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why- This project was part of a plan that was
approved prior to the NPDES Phase II rules going into effect Diffuse flow will still be provided for stormwater outfalls prior
to entering zone 2 of the stream buffers. The City of Burlington will be reviewing the stormwater plan for this site as part of
the City's permitting and review process
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
Burlington
® Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
® Other Jordan Lake Buffer
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a Which of the following state -implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached.
❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements'?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered 'yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b Is this an after -the -fact permit application?
❑ Yes ® No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s).
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Sanitary sewer will be will be connected to an existing City of Burlington outfall and will ultimately be treated at
Burlington's wastewater treatment plant
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
As of March 2, 2016, the USFWS does not list any federally protected species for Alamance County.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA National Marine Fisheries Service online Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
El Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
An online search of the North Carolina State Historic Preservation website indicated that no probable impacts to historic
or archeological reasources would be made by this proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information Systems online
map.
S. Kyle Smith
3/2/2016
Applicant/Agenfs Printed Name
Appli nt/Ag is Signature
Date
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

t
q1
F
AGENT AUTHORIZATION FORM
PROPERTY ADDRESS: Mackintosh on the Lake — Parcel O—.Kenross Townes (Phase 2)
Off Bonner Bridge Road, Mackintosh Subdivision, Burlington, NC
APPLICATION INFORMATION:
NAME: Dan Ryan Builders NC, LLC
Robert Shank
Director of Land — Raleigh Division
Address 3131 ROU Center Drive
Suite 120
Morrisville, NC 27560
Telephone Number: [phone]
E-mail Address: [e-mail]
The undersigned, developer of the above noted property, do hereby authorize
Kyle Smith of Alley Williams Carmen & King
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this
permit or certification and any and all standard and special conditions attached.
Signature: Date:^7��0

AGENT AUTHORIZATION FORM
PROPERTY ADDRESS: Mackintosh on the Lake - Parcel O — Kenross Townes (Phase 2)
Off Bonner Bridge Road, Mackintosh Subdivision, Burlington, NC
APPLICATION INFORMATION:
NAME: Real Property Holding—,Aldmance County 1, NC, LLC
clo PNC -Bank, N.A
Charles Buttle
Vice"President
Address 1900 E. 9`h Street, 220 Floor
Cleveland, OH 44114
Telephone Number: (216) 222=6021
Fax Number: [phone]
E-mail Address: [e-mail]
The undersigned, registered property owners of the above noted property, do hereby authorize
Kyle Smith of Alley Williams Carmen & King
,(Contractor / Agent)
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of,this
permit or certification and any and all standard and special conditions attached.
Signature: Date: 3�°Z/��p

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PROJECT NO. - 16006
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alley, Williams, carmen CLS king, inc. MACKINTOSH ON THE LAKE
ENGINEERS, ARCHITECTS &SURVEYORS KENROSS TOWNES (PHASE 2)
740 chapel hill road p.o. box 1179 BOONESTATION TOWNSHIP ,ALAMANCECOUNTY
burlingtcn, n.c. 27215 336/226-5534 BURLINGTON, NORTH CAROLINA
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T . COPY
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ,
Action Id. SAW -2012-00161 County: Alamance/ Guilford U.S.G.S. Quad: NC-GIBSOMgLLE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Real Property Holding - Alamance Co. I NC
LLC
Joseph Cebina
Address: 4011 Westchase Blvd.
Raleigh, NC, 27607
Property description:
Size (acres) 67.1
Nearest Waterway Back Creek
Agent: Soil & Environmental Consultants, PA
Wendell Overby
Address: 11010 Raven Ridge Road ;— r7
Raleigh, NC, 27614
JAN 3 Q 2011"'
Nearest Town Burlington
USGS HUC 03030002 (Cape Fear) Coordinates Latitude: 36.055269 Longitude: -79.52775
Location description: Approved Jurisdictional Determination for sections of 67.1 acres of Mackintosh Tract located in
Alamance and Guilford County, North Carolina. Property Identification Number (Tax PIN): Guilford County -
0202008000047N 002, 0202007800047S 002; Alamance County - 8843184084. Property is located directly south of I-40 and
west of University Drive exit. Site is being developed as a housing subdivision.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, There may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on January 25, 2012. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page 1 of 2

There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Craig Brown at 919-5544884
x35/CraiLYJ.BrownAusace.army.mil.
usace.armv.mil.
C. Basis for Determination
The site exhibits wetland criteria as defined in the 1987 Wetland Delineation Manual and appropriate Regional
Supplement. Wetlands and tributaries flow into Back Creek which flow into the Flaw River, which flows into the Cape
Fear River which then flows into the Atlantic Ocean.
D. Remarks
This jurisdictional determination is for the survey maps 1-18 signed by the surveyor on September 14 2010 and Craig
Brown, USACE, on January 25, 2012 and does not include the entire property.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, 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
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OMIS
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by March 26, 2012.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Craig Brown
Date: January25, 2012 Expiration Date: January 25, 2017

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit http://pert.M.usace.army.mil/survey.html to
complete the survey online.
Copy furnished:
NOTIFICATION OF ADNEMSTRATIVE AFPzA1. OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Real Property Holding - Alamance Co. I
NC LLC
File Number: SAW -2012-00161
Date:
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION i
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inettfunctions/cw/ceewo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. 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
a ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
V
SECTION II - RE UEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: -
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Craig Brown
CESAD-PDO
3331 Heritage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, NC 27587
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 opportuni to participate in all site investi ations.
Date.
Telephone number:
Si of !22ellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Craig Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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