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
-
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n—i pmwctlon aynem under a,mertlbn; no Bar F Ekvxivs
d --- d.
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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.
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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-
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Areas
ZONE X t.
,ZONE AE +,'" <
o- o �`n.,l e
C
100
ZONE X r
ZONE X
(FUTURE] CP,
i
co
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' 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