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HomeMy WebLinkAbout20161032 Ver 2_401 Application_20170717SPANGLER ENVIRONMENTAL, INC. Land Planning Permitting Environmental Consulting • Construction Manageme D� LETTER OF TRANSMITTAL Date: 26 -Jul -17 JUL 2 6 2011 40E - AFRR S Name: Dalton Cook P u Company Name: Lennar Carolinas, LLC From: RE: Copley Farms West (Stonehill) SEI #: WE ARE SENDING YOU: Attached X Shop Drawings X Letters Reports Under Separate Cover via Specifications Change Order Computer Disk Invoices Reproducibles Samples COPIES DATE DESCRIPTION Four copies of a PCN application and supporting documents to modify a previously permitted (DWR # 16-1032) project called 4 7/26/2017 Copley Farms West (Stonehill). THESE ARE TRANSMITTED as checked below: X For Approval Approved as Submitted X For Your Use Approved as Noted As Requested Return for Corrections For Review & Comment FOR BIDS DUE Resubmit Copies for Approval Submit Copies for Distribution Return Corrected Prints Other SIGNED: (� � ej� CC: 4338 Bland Road Raleigh, N.C. 27609 tel 919-875-4288 fax 919-875-4287 1-866-SPANGLER www.spanglerenvironmental.com Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: IIII� IIII X❑ Section 404 Permit ❑ e iorY &P&nQt 2017 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: D PR RE GI lR,E 1 c. Has the NWP or GP number been verified by the Corps? ❑X Yes 4 1 ERP MITTI i 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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. X❑ Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Copley Farms West (formerly Stonehill) 2b. County: Durham 2c. Nearest municipality / town: Durham 2d. Subdivision name: Copley Farms West 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See attached parcel table and attached deeds 3b. Deed Book and Page No. See attached deeds 3c. Responsible Party (for LLC if applicable): Lennar Carolinas, LLC 3d. Street address: 909 Aviation Pkwy, Ste 700 3e. City, state, zip: Morrisville, NC 27560 3f. Telephone no.: (919) 337-9444 3g. Fax no.: 3h. Email address: Mitch. Barron@Lennar.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Owner of Project 4b. Name: Lennar Carolinas, LLC 4c. Business name (if applicable): Lennar Carolinas, LLC 4d. Street address: 909 Aviation Pkwy, Ste 700 4e. City, state, zip: Morrisville, NC 27560 4f. Telephone no.: (919) 337-9444 4g. Fax no.: 4h. Email address: Mitch. Barron@Lennar.com 5. Agent/Consultant Information (if applicable) 5a. Name: Jim Spangler 5b. Business name (if applicable): Spangler Environmental, Inc. 5c. Street address: 4338 Bland Rd 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919-875-4288 5f. Fax no.: 919-875-4287 5g. Email address: jspangler@spanglerenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See attached parcel table 1b. Site coordinates (in decimal degrees): Latitude: 35.9999 Longitude: -78.8203 1c. Property size: 102.4 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Chunky Pipe Creek 2b. Water Quality Classification of nearest receiving water: WS-IV;NSW 2c. River basin: Neuse Basin 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 subject property is partially wooded and partially developed with residential structures, barns, sheds, wells, and a dirt road. There is a sanitary sewer easement in the central portion of the property. The land use in the general vicinity is a residential or undeveloped, a school is to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 12.16 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,668 3d. Explain the purpose of the proposed project: The purpose of this project is to construct a residential subdivision on the subject property as well as a sanitary sewer outfall 3e. Describe the overall project in detail, including the type of equipment to be used: The project is a residential subdivision that will involve grading/earth moving and utility work by using grading and excavating equipment 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? 0 Yes ❑ No ❑ Unknown Comments: see section 4d below 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Spangler Environmental Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps delineation verification site visit made on 5/25/16. DEQ buffer determination issued 5/26/16. The revised original PJD request, new sanitary sewer outfall delineation data, and DEQ buffer determination are attached to this submittal. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. This project has previously been permitted under the Nationwide Permit 29 (SAW -2016-02223) as well as a 401 WQC (DWR # 16-1032). 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑X 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Unknown Yes Corps 0.134 W2 P Fill Unknown Yes Corps 0.011 W3 P Fill Unknown Yes Corps 0.085 W4 T Maintenance corridor Unknown Yes Corps 0.017 W5 T Excavation* (see 2h) Unknown Yes Corps 0.004 W6 T Excavation" (see 2h) Unknown Yes Corps 0.161 2g. Total Wetland Impacts: 0.411 2h. Comments: Impact Areas 1,2, & 3 consists of wetland impacts as a result of fill required for a roads or lots and associated grading. Impact Area 4 results from a sanitary sewer maintenance corridor located partially in wetlands. Impact Areas 5 & 6 consist of excavation to install a sanitary sewer line as well as a sanitary sewer maintenance corridor located in wetlands. 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 (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 T Excavation UT to Chunky Pipe INT DWQ 5 15 S2 - Choose one - S3 - Choose one - S4 - Choose one - S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 15 3i. Comments: The sanitary sewer outfall will be installed beneath an intermittent stream. The installation will be open -cut, resulting in temporary impacts to the stream. The stream will be restored to its original condition. Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Pond 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. 5e. Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 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. Project is in which protected basin? ❑X Neuse ❑ Tar-Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 P Sanitary sewer Chunky Pipe Creek Yes 8,017 15,435 B2 T Sanitary sewer Chunky Pipe Creek No 2,468 B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 8,017 17,903 6i. Comments: A sanitary sewer outfall will be installed roughly perpendicular to the buffered stream. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. During the design phase, various site layouts were explored. Design iterations took into account the importance of reducing the overall impact to jurisdictional features. Stormwater BMPs were designed to avoid impacts to jurisdictional features. The sewer outfall was redesigned to minimize impacts to wetlands. The final design was chosen based, in large part, on the minimization of impacts to wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will be implemented in order to control runoff and other discharges from activities to be conducted in the fill areas. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑X DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: The appropriate amount of credits will be purchased upon permit approval. see attached Sta emen of Availabilityletter) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.822 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Buffer mitigation is available through private bank 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 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes ❑ No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Sanitary Sewer Installation 8,017 3 (2 for Catawba) 24,051 Zone 2 1.5 6f. Total buffer mitigation required: 24,051 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). Payment to private mitigation bank (EBX). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The project is adjacent to protected riparian buffer areas. No stormwater is discharged into riparian buffer City Durham City Durham buffer ❑ Yes ❑X No areas. Stormwater plans submitted to of per of rules. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 15.6% 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Stormwater Management Plan submitted to City of Durham for approval. Stormwater structures are shown on attached plans. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Durham 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Durham ❑ Phase II ❑X NSW 3b. Which of the following locally -implemented stormwater management programs USMP❑ ❑ apply (check all that apply): Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes X❑ No attached? 4. DWQ Stormwater Program Review []Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes Q 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 ❑ Yes ❑ No letter.) 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X 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 El Yes ❑X 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. Municipal sanitary sewer will service the subject property Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program element occurrence dataset 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? National Marine Fisheries Service 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 ❑ Yes ❑X 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? NC Natural Heritage Program; Apex Historical Society 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: While the area that is designated as the project contains portions of the 100 year floodplain, the only development that will occur in the floodplain is the installation of sanitary sewer utility lines. The installation of these utility lines will adhere to the National Flood Insurance Program Floodplain Management Requirements published by FEMA. 8c. What source(s) did you use to make the floodplain determination? FEMA flood maps panel #s 3720085100J and 3720085200J with effective date of May 2, 2006 James A. SpanglerA� ?—�� Agent' rinted Name Date n ignature ent' ' nature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 _1 Carson G. Holloway 5027 Hollow Rock Road Durham, North Carolina 27707 January 20, 2016 RE: Property Access for Regulatory Purposes To Whom It May Concern: This letter serves to inform you that I, Carson Holloway of the above address, am a member of property ownership group and representative for all the owners and do hereby authorize Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property owned by collectively the N.C. Freeman Heirs and Inez Batts, Cleo Stickney Heirs, et al (the Stone Hill North main assemblage which is currently under contract to Mike Whitehead) and as detailed on the attached Exhibit A. For liability reasons, all site visits by regulatory personnel must be coordinated in advance with, and accompanied by Spangler Environmental, Inc. personnel. This letter supercedes all previous Agent -related correspondence. The following contact persons should be copied on all correspondence: Property Ownership Group Member and Authorized Representative: Carson Holloway 5027 Hollow Rock Road Durham, North Carolina 27707 (919)660-5997 (field questions should be directed to Mike Whitehead @ (919)801-3905) Technical Agent: James A. Spangler, CEI, A.M.ASCE Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 919-875-4288 jspangler@spanglerenvironmenud.com Sincerely, C Carson G. Holloway Wt EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All of that certain 12.305 acres under the name N.C. Freeman Heirs, having Durham County PIN# 0851-01-27-6990 and recorded in Book 1680 Page 540, Durham County Registry, and All of that certain 1.836 acres under the name N.C. Freeman Heirs. having Durham County PIN# 0851-01-374909 and recorded in Book 401 Page 637, Durham County Registry, and All of that certain 26.695 acres under the name Inez Batts, Cleo Stickney Heirs, et at, having Durham County PIN# 0851-01-28-8886 and recorded in Book 1624 Page 155, Durham County Registry, and All of that certain 10.022 acres under the name Inez Batts, Cleo Stickney Heirs, et al, having Durham County PIN# 0851-01-39-6426 and recorded in Book 1624 Page 155, Durham County Registry, and All of that certain 9.998 acres under the name Inez Batts, Cleo Stickney Heirs, et al, having Durham County PIN# 0851-01-38-6525 and recorded in Book 1624 Page 155, Durham County Registry. Image Provided By EDR Aerials SITE LOCATION MAP - USGS STONEHILL NORTH 3635 Freeman Road SPANGLER LMENVIRONMENITAL, INC, I Durham North Carolina 27703 PREPARED FOR: Lennar Corporation PROJ. MGR: Jim Spangler DATE: 5/5/2015 DRAWN BY: Adam Rieder PROJ. #: Stonehill North Stonehill North Delineation Freeman Rd Durham, Durham County, NC April, 2015 69 SPANGLER ENVIRONMENTAL, INC. 4338 Bland Road Raleigh, NC 27609 919-875-4288 Figure 1 Delineation Map map source: Durham County GIS Stonehill North Delineation Freeman Rd Durham, Durham County, NC May, 2016 69 SPANGLER ENVIRONMENTAL. INC. 4338 Bland Road Raleigh, NC 27609 919-875-4288 Post Regulatory Site Visit Jurisdictional Features Map map source: Durham County GIs my Areas ZONE X t. ,ZONE AE +,'" < o- o �`n.,l e C 100 ZONE X r ZONE X (FUTURE] CP, i co c- ' L Ori ChIZ141, Pipe- Creek ZONE X (FUTURE) c� a ZONE X I Copley Farms AM FEMA Flood Plain Map 3635 Freeman Road, Durham Durham County, NC SPANGLER Durham County, NC ENVIRONMENTAL, INC. March 2017 4338 Bland Road Raleigh, NC 27609 map source: 919-875-4288 FEMA Flood Map Service Center LEGEND - SPECW- FLOOD HAZARD AREAS (SFNAs) SUBJECT TO INUNDATION BT THF 1% ANNLNI, QNN(l HADOO .nn dunca- maxt ooU"Ya+ fbWL Ybu II— L IM t— prod. s Y,c A w t M ha ,% rfi nrn d hNns rvpubd w e In xry Rh'Tn Wx- IM tiprciel 1Es FYwd Hand Area i> the urea wnjrcr w -,, aFlmSdpoEdkavl Foud 1,0d 1, aAdEi.AbOe t% Aamwva,ficVeF flo1oMd. ABraeac alFnbneb tM wars+ wrlxe ebeaum If dte 1% anrwal dwce 4IId. zBM A No Bac F W Ebv . drvcrm'wcd. zOFR M Bow FYxrl FWxY,n>,M.rr+inr,+l. zYNE A% Flood depth of 1 b i fen bsuaRy ua W p>ndhgi: Base Floud Ekwatwn> dete�mind. iOFR AO FYxM ,in(p,r ,A 1 w 1 ieM (uuady >ha.,r Ww Yq�Nt terrain); depth debrmMtl. Fw ora d alluvial fan Aaodfrg salocna 10M M SpeMel rbod Ii—d Area (urmedr F, w W 0— th, 1% ambo ccfifi o tkwd by n Owd corrtroi dern sythaz was bxquenlly rlecenlRrxl. 1—AR Indiuta rho da II,— dred a,raml >yrsem b being restored m p+mide pmwUm from dw 1% annual chance w pester N.A. 1t AM Nes x, be panmrad hem I%aN+ud dunm Ilmd by a Federal n—i pmwctlon aynem under a,mertlbn; no Bar F Ekvxivs d --- d. zoriz n a,.wl IAwid :noe. w.n .clog n..aW twee .tldnr, sere lfood slrvsYrF dNwnnmM- F1.00DWAy AREAS IN ZONE AF ibe dx,dway b dw dumvl 4. steam plus a+rr adjxen fiu,dplain aroma dNr be hep lies d e mxMrcm w Ilr: tM ix somal cnarna flood mn b curled wAhurt waWa;d Yoea>es in M,od Mists. OTHER FLOOD AREAS ZOWz Awa a 0.z%annual ch.- flzd; arcs of lubes condi—1%annual d._ fl_d; anw W 1%,; ,Ichance flood with —W d title d les don 1 frMR n MM d+al fess than 1 gWrc Mk; and arNs pItM by Oven (rvrr, 196 annul dumx Wood. OTHER AREAS ROIs x Neu dde. dsamuJ rhao, ad fwwre A cna,wrudencw in. mndpla>+l% anriwl floodpbin. ZOeR C Ama ;n when Md — x w,drtermiad. 6A ibb ps. ® COASTAL —RIER RESOURCES SYSTEM ICBRS) AREAS OTHERWISE. PROTECTED AREAS (OPft) 08115 sees and ova .. ,wrmalN bcolan wahln err adjacem to Sgrcul noon Fawtl beer. ....._------ 1% enm,a roan« rindpeln Nwmary u.ex nrd �ar�e mndl,uin l.,r mmry +rcf rya�m .aditiw tx ual ch fkxxf�la,n .,nA... — ibwaMeY lawnd- - my Areas ZONE X t. ,ZONE AE +,'" < o- o �`n.,l e C 100 ZONE X r ZONE X (FUTURE] CP, i co c- ' L Ori ChIZ141, Pipe- Creek ZONE X (FUTURE) c� a ZONE X I Copley Farms AM FEMA Flood Plain Map 3635 Freeman Road, Durham Durham County, NC SPANGLER Durham County, NC ENVIRONMENTAL, INC. March 2017 4338 Bland Road Raleigh, NC 27609 map source: 919-875-4288 FEMA Flood Map Service Center Legend IrB "= subject property boundary USDA NRCS Web Soil Survey Data Soil Type Units AIA - Altavista silt loam. 0 to 2 % slopes Cc -not mapped an property (USDA Soil Survey} Ch - Chewacla and Wehadkee sods, freq_ flooded CrB -Creedmoor sandy loam. 2 to 6 °I° slopes CrC - Creedmoor sandy loam. 6 to 10 % slopes I IrB - not mapped on property (USDA Soil Survey) s. se •� i W - Water t s J Wn - Wehad kee silt loam, 0 to 2 % slopes, freq. flooded WsB - White Store sandy loam. 2 to 6 % slopes ; w' WIC j� WsC - White Store sandy loam. 6 to 10 % slopes } WsE -White Store sandy loam. 10 to 25 % slopes Cr, w3c VV SC 'Pd SE CrC CrB i wtv 1n Cr8 CrC Natural and Cultural Resources March 22, 2017 Dalton Cook Spangler Environmental 4338 bland rd raleigh, NC 27609 RE: Copley Farms Dear Dalton Cook: ROY COOPER Gave wr SUSI H. H_4AIILTON secremrn NCNHDE-3177 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler cdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program -""Nothing Compares",-, State of North Carolina I Department of Natural and Cultural Resources I Natural Heritage Program 121W Joni Street I Raleigh, NC 27603 1651 Mail Service Center I Raleigh, NC 27699-1651 www-ntnhp.org 1 919-707-61D7 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Copley Farms March 22, 2017 NCNHDE-3177 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name Owner Owner Type Triangle Greenways Council Preserve Triangle Greenways Council Private NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httos://ncnhde natureserve.orci/contenYhelp. Data query generated on March 22, 2017; source: NCNHP, Q1 January 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Copley Farms March 22, 2017 NCNHDE-3177 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Durham County Open Space Durham County: multiple local government Local Government Triangle Greenways Council Preserve Triangle Greenways Council Private Definitions and an explanation of status designations and codes can be found at httns:Nncnhde.natureserve.org(contenVhelo. Data query generated on March 22, 2017; source: NCNHP, Q1 January 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-3177: Copley Farms March 22, 2017 rl Project Boundary Buffered Project Boundary Q Managed Area (MAREA) Page 4 of 4 1:25,023 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Esn, HERE. DeLorme. Intermap, inuement P Corp., GEBCO, USGS, FAO, NPS. NRCAN. GwBase. IGN, Kadaster NL, Ordnance Survey, Esri Japan. METI. Esn Chura (Hong Kong), swisatopo, Mapmylnda, ® OpenStreetMap contributors. and the GIS User Community EBX Buffer Mitigation Banks Statement of Availability July 25, 2017 NC Division of Water Resources Danny Smith 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Copley Farms West (formerly Stonehill North) This document confirms that Lennar Carolinas, LLC (Applicant) for the Conley Farms West (Project) has expressed an interest to utilize 5,364 Square Feet of Riparian Buffer Mitigation Credits from the EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank. The specific bank site to be debited will be either be Cedar Grove, Hatley, or Ezell, all located in HUC 03020201 and in the Falls Lake watershed. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1052 or cconder fres.us if you have any questions or need additional information. Best Regards, C44- /) &k, - Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Bank Sponsor — Environmental Banc & Exchange (EBX) fires EBX Buffer Mitigation Banks Statement of Availability October 25, 2016 NC Division of Water Resources Ms. Cherri Smith 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Copley Farms West (formerly Stonehill North) This document confirms that Lennar Carolinas, LLC (Applicant) for the Copley Farms West (Project) has expressed an interest to utilize 18,687 Square Feet of Riparian Buffer Mitigation Credits from the EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank. The specific bank site to be debited will be either be Cedar Grove, Hatley, or Ezell, all located in HUC 03020201 and in the Falls Lake watershed. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1052 or cconder a— res.us if you have any questions or need additional information. Best Regards, C4,v— /) &i, - Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Print Farm DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20 link to G.S. 143-214.11 Prior to accessing the Division of Mitigation Services (DMS), all applicants must demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more details. Compliance Statement: I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my knowledge, complied with the requirements. I understand that participation in the DMS is voluntary and subject to approval by permitting agencies. Please check all that apply: ® Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143-214.11 and is not required to purchase credits from a mitigation bank. ® There are no listed mitigation banks with the credit type I need located in the hydrologic unit where this impact will take place (link to DwR list) Ig Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not currently available. ® The DWR or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. This is a renewal request and the permit application is under review. credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Bank Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. JAS I have read and understand the DMS refund policies (attached) initial here : Signature of Applicant or Agent 10-24-16 Date Copley Farms West Project Name Jim Spangler Printed Name Durham, NC Location DIVISION OF MITIGATION SERVICES (DMS IN -LIEU FEE REQUEST FORM .;ew'e,- Complete requested information, sign and date, email to kelly.wiliiams0nodenr gov . Attachments are acceptable for clarification purposes (location map, address or [at long is required) information submitted is subject to NC Public Records Law and may be requested by third parties. Review meetings are held on Tuesday afternoons. CONTACT INFORMATION APPLICANT'S AGENT c 1. Business/Company Name Spangler Environmental, Inc. Lennar Carolinas LLC. 2. Contact Person Tomas Will Mitch Barron 3. Street Address or P O Box 4338 Bland Rd 909 Aviation Pkwy, Ste 700 4. City, State, Zip Raleigh, NC 27609 Morrisville, NC 27560 5. Telephone Number 919-875-4288 (919) 337-9444 6. E -Mail Address tomas@spanglerenvironmenta(.com Mitch. Barron@Lennar.com PROJECT INFORMATION 7. Project Name Copley Farms West 8. Project Location (nearest town, city) Durham, NC 9. Lat-Lang Coordinates or attach a map (see attached map) 10. County Durham 11. River Basin & Cataloging Unit (8 -digit) Upper Neuse- 03020201 (See Note 1) 12. Project Type ' nozcate owner type ajnc< ,te ,n project xrue ;e q scnooj wnurcn retai Owner Type: ®Government Q Private e;sjcientiat apartments road Latilitjes military, Project Type: Residential 13. Riparian Wetland Impact (ac.) (e.g., 0.13) 0,822 14. Non -Riparian Wetland Impact (ac.) 15. Coastal Marsh Impact (ac.) 16. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold 17. Riparian Buffer impact (sq. ft.) Include subwatershed if Jordan or Fails Lake: Zone 1: Zone 2 18. Regulatory Agency Staff Contacts NCDWR: USACE: Eric Alsmeyer Other: Cherri Smith .. ........................... Check U below if this request is for a: By signing below, the applicant is confirming they have revision to a current acceptance read and understand the DMS refund policy posted at nceep.net and attached to this form. renewal of an expired acceptance ',ignature at Applicant or Authorized Agent. extension of unexpired acceptance 10!24!16 Date: Note 1 For help in determining the Cataloging Unit, visit: www, nceep.net or contact DMS Direct questions to Kelly Williams at 919-707-8915 or kelly wiliiams0ncdenr goy or to the front desk at 919-707-8976 SCALE: 1" = 100' SIEFERZO 2TEMPORARY IMPACT: 1,U7SF BUFFERZO I IMPACT: 2.156SF � — — - BUFFER ZOME 21MPACT: 1.H SF SCALE: 1" = 100' WETLAND AREA ® WETLAND IMPACT AREA ® RIPARIAN BUFFER IMPACT AREA TEMPORARY IMPACT ZONE WETLAND IMPACT ANALYSIS WETLAND IMPACT AREA TYPE SF IMPACT AREA #1 5,847 IMPACT AREA #2 497 IMPACT AREA #3 3,710 IMPACT AREA #4 762 IMPACT AREA #5 165 IMPACT AREA #6 6,992 TOTAL 17,973 IMPACTED PERCENTAGE h 3.39 BUFFER IMPACT ANALYSIS TYPE SF ZONE 1 RIPARIAN BUFFER PERMANENT IMPACT AREA 8,017 ZONE 2 RIPARIAN BUFFER PERMANENT IMPACT AREA 15,435 ZONE 2 RIPARIAN BUFFER TEMPORARY IMPACT AREAJ 466 STEWART AverlEruEsr, srE'ao cra. ucE�seru,os, Te a.�x"o' neo, rRwec..c-7 Client LENNAR CAROLINAS 909 AVIATION PARKWAY MORRISVILLE, NC 27560 T: 919.337.0233 Project COPLEY FARMS Vicinity map: Seal: PRELIMINARY- DO NOT USE FOR CONSTRUCTION Issued for: 401/404 PERMIT MAPS No. Date Descdption 1 7/152017 SS AUGNMENT REVISIONS 0 100 200 400 NORTH SCALE: 1"=200' Tme: — OVERALL IMPACT ANALYSIS Project number: — Sheet Date: 10.06.2016 Drawn by: KH C3.02 Approved q': RS RS Water Resources ENVIRONMENTAL QUALITY November 18, 2016 Lennar Carolinas, LLC Attn: Mitch Barron 909 Aviation Pkwy., Ste. 700 Morrisville, NC 27560 PAT MCCR 0ItY DONAI-D R. VAN Df' -.R VAAR.T S;C)Ywn S. JAY ZfMMERMAN DWR #16-1032 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Copley Farms West Dear Mr. Barron: You have our approval for the impacts listed below for the purpose described in your application dated October 24, 2016 and received by the Division of Water Resources (Division) on October 27, 2016 with additional information received via email on November 14, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. (15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources. Raleigh Regional Office, 1'ti''atter (duality Operations Section hap:;7portui.nedenr.orwwebiws(%ops 1628 Mail Service Center. Raleigh. NC. 2 7699-1 628 Phone: (919) 791 1200 Location: 3900 Barret Drive, Raleigh. NC 27609 Fax: (919)788-7159 Copley Farms West DWR #16-1032 401 AND BUFFER APPROVAL Page 2of5 Type of Impact I _._...�.._._.� Amount Approved (units) Permanent i Amount Approved (units) Temporary .............. Wetland ..-........... ..... _...._ 0.134 (acres) 0 (acres) Impact 1 Wetland — — 0.011 (acres) 0 {acres) Impact 2 Wetland 0.085 (acres) 0 (acres) j Impact 3 Wetland .... _....... ... ........__..__. 0 (acres) 0.009 (acres) Impact 4 Wetland _ 0 (acres) -- 0.011 (acres) Impact 5 Wetland 0(acres) ( ) — 0.16.1 (acres) Impact 6 Stream _ 0 (linear feet) 15 (linear feet) Sewer Buffers —Zone 1 6,229 (square feet) 0 (square feet) Sewer Buffers — Zone 2 j 22,822 (square feet) 0 (square feet) i Sewer Stormwater Management Plan (SMP) Approval from Local Communitv Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the City of Durham's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Durham. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. (15A NCAC 02H .0506(b)(5)j 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse I, LLC to meet this mitigation requirement. The specific bank site to be debited will be Cedar Grove, Hatley, or Ezell, all located in HUC 03020201 and in the Falls Lake watershed. Until the EBX-Neuse I, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting Copley Farms West DWR X116-1032 401 AND BUFFER APPROVAL Page 3 of 5 purposes, this Authorization Certificate authorizes payment to the EBX-Neuse i, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation I River & Sub - Required basin Number I .... —_.... _.. Buffer 18,687 (square feet) � 03020201 E 4. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500, [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. 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 the Certification and Buffer Authorization. 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 approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAHathttp://www.ncoah.comJ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Copley Farms West DWR #16-1032 401 AND BUFFER APPROVAL Page 4 of 5 Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DEN R-DWR-401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B4O233, Please contact Cherri Smith at 919-791-4251 or cherri.smith _ ncdenr,gov if you have any questions or concerns. Copley Farms West DWR #16-1032 401 AND BUFFER APPROVAL Page 5 of 5 SirYcere1,yy�✓ �` ' r Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr Ste. 105; Wake Forest, NC 27597 Jim Spangler; Spangler Environmental, Inc.; 4338 Bland Rd.; Raleigh, NC 27509 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02223 County: Durham U.S.G.S. Quad: NC -SOUTHEAST DURHAM GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Lennar Carolinas, LLC Mitch Barron Address: 909 Aviation Parkway Suite 700 Morrisville, NC, 27560 Telephone Number: 919-337-9444 Size (acres) 102.4 Nearest Town Durham Nearest Waterway Chunky Pipe Creek UT River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.99933; Longitude: -78.82002 Location description: 102.4 acres at the west end of Daniel Road, north of Freeman Road, northeast of Durham, NC. Description of projects area and activity: Single-family home development and offsite sewer line impacting 0.411 acre of wetlands and 15 linear feet of stream. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 11/14/2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Eric Alsmever at (919)554-4884 X 23 or Eric.C.Alsmever(i�usace.armv.mil. Digitally signed by ALSMEYER.ERIC.C.1087624486 s DN: c US, o=U.S. Government, ou=DoD, ou=PKI, 6- C _ `ou USA, cn=ALSMEYER.ERIC.C.1087624486 Date: 2016.12.15 08:00:12 -05'00' Corps Regulatory Official: Date: December 14, 2016 Expiration Date of Verification: 03/18/2017 SAW -2016-02223 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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. C. ❑ There are waters, including wetlands, within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The property contains jurisdictional waters of the US, Chunky Pike Creek and tributaries with ordinary high water marks, and abutting wetlands. Chunky Pipe Creek is a tributary of Little Lick Creek and Falls Lake. Falls Lake is a Traditional Navigable Water. Remarks: The JD within the property limits on the south side of Chunky Pike Creek was confirmed by field inspection on 5/25/2016. The drawing on the attached "Stonehill North Delineation, Delineation Map (revised)", dated May, 2016, generally depicts the approximate boundaries and locations of potential jurisdictional waters of the US within the evaluated portion of the property. Note: features indicated as "ephemeral stream" are stormwater conveyances and are not subject to Section 404 of the Clean Water Act. E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/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. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by ALSM EYER.ERIC.C.1087624486 (- _ DN: c=US, o=U.S. Government, G ou=DoD, ou=PKI, ou=USA, cn=ALSM EYER.E RIC.C.1087624486 Corps Regulatory Official: Date: 2016.12.15 08:00:42 -05'00' ; Date of JD: 12/14/2016; Expiration: N/A Eric Alsmeyer 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 our Customer Satisfaction Survey, located online at http://corpsmgpu.usace.anny.mil/cm anex/f?p=136:4:0. Copy furnished: Agent: SSpaneler Environmental, Inc. Jim Saaneler Address: 4338 Bland Road Raleieh, NC, 27609 Telephone Number: 919.875.4288 Action ID Number: SAW -2016-02223 County: Durham Permittee: Lennar Carolinas, LLC Mitch Barron Project Name: Lennar Carolinas Copley Farms West Date Verification Issued: December 14, 2016 Project Manager: Eric Alsmever Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Eric Alsmeyer US Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL:j i'�� ����� ui tip,; Applicant: Lennar Carolinas, LLC; Mitch Barron File Number: SAW-2016-02223 Date: December 14, 2016 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 CL PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at l�ttu:-'`i�ti��.u5ace.armv.mil`1ti�tronS Civi1��'>rk5'Reulatvn-l'io ramandf'ermits.aspa or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. 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 • 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 H 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. SECTION Il - 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. 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: 3? 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, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Eric Alsmeyer CESAD-PDO US Army Corps of Engineers, Wilmington District U.S. Army Corps of Engineers, South Atlantic Division Raleigh Regulatory Field Office 60 Forsyth Street, Room 1OMI 5 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, NC 27587 Phone: (404) 562-5137 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 investiations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Eric Alsmeyer, 69 Darlington Avenue, Wilmington, North Carolina 28403