20160285 Ver 2_Modifications_20170830

Strickland, Bev
From:Dalton Cook <[e-mail]>
Sent:Wednesday, August 30, 2017 9:16 AM
To:Higgins, Karen; Burdette, Jennifer a
Cc:Montalvo, Sheri A
Subject:FW: Mitigation Credit Invoice Request - Oak Point
Attachments:Oak Pointe revised LNH.pdf
Ms. Higgins/Ms. Burdette,

I would like to request a revised 401 certification for our Oak Point (DWR #16-085) project assigning the mitigation to
the DMS due to the original private bank no longer having credit availability. Please see the e-mail chain below for
background information and let me know if you have any questions.

Thank you,

Dalton Cook
Environmental Project Scientist
Spangler Environmental, Inc.
www.SpanglerEnvironmental.com
Raleigh Office 919-875-4288
4338 Bland Road
Raleigh, NC 27609

This e-mail transmission (and any attachments thereto) is confidential and privileged. It is intended only for viewing by the
entity to which it is addressed. This document and attachments may contain information subject to attorney work-product
doctrines or attorney-client privilege. If you are not the addressee, your disclosure, copying, distribution or use of the
contents of this message for any purpose is prohibited. If you have received this message in error, please notify the
sender by return e-mail.

From: Williams, Kelly \[mailto:[e-mail]\]
Sent: Wednesday, August 30, 2017 9:02 AM
To: Dalton Cook <[e-mail]>
Subject: Mitigation Credit Invoice Request - Oak Point

Dalton-
1

Attached please find an updated response letter from the Division of Mitigation Services for the in-lieu fee mitigation
request for the above-referenced project. This letter reflects impacts- the total mitigation will be reflected in the
invoice based on the permit requirements.
Please request a revised MRT form from James Lastinger and a revised 401 from DWR assigning the mitigation to DMS
since the Cripple Creek bank no longer has credits available. I can provide the invoice once you send those to
me. Also, once you have a buffer authorization from Apex, I can invoice for the buffer.

If you would like the original letter sent by mail to the applicant, please let me know. This acceptance letter expires in
six months. If an extension to this acceptance letter is needed, please let me know prior to its expiration. We appreciate
the opportunity to provide this service to our customers. Don’t hesitate to contact me if you have any
questions. Information about DMS programs can be found on the DMS Website.

Sincerely,
Kelly

Kelly Williams
In-Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality

919 707 8915 office
[e-mail]

US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Dalton Cook \[mailto:[e-mail]\]
Sent: Tuesday, August 29, 2017 2:54 PM
To: Williams, Kelly <[e-mail]>
Subject: Mitigation Credit Invoice Request - Oak Point

Hi Kelly,

I have another mitigation invoice request for you. This project, Oak Point, was originally permitted for our client Lennar
Carolinas but has since been transferred to an entity called Cal-Atlantic. Attached are the signed permit transfer form,
new deed showing Cal-Atlantic as the property owner and the original 404 and 401 permits. The impacts requiring
mitigation include 115 linear feet of perennial stream, 171 linear feet of intermittent stream and 0.95 acres of riparian
non-riverine wetlands. The mitigation credits required by the Corps for these impacts totals 401 linear feet of stream
and 1.88 acres of riparian non-riverine wetlands. This project is located in HUC (03030002—Beaver Creek Watershed of
Cape Fear Basin) and there are no private bank credits available. Please let me know if you have any questions or if you
need some other documentation.

2

Thanks,

Dalton Cook
Environmental Project Scientist
Spangler Environmental, Inc.
www.SpanglerEnvironmental.com
Raleigh Office 919-875-4288
4338 Bland Road
Raleigh, NC 27609

This e-mail transmission (and any attachments thereto) is confidential and privileged. It is intended only for viewing by the
entity to which it is addressed. This document and attachments may contain information subject to attorney work-product
doctrines or attorney-client privilege. If you are not the addressee, your disclosure, copying, distribution or use of the
contents of this message for any purpose is prohibited. If you have received this message in error, please notify the
sender by return e-mail.

3

mitiqatkn swwces
$UYIMONMINtAI(MAEITY
August 29, 2017
Troy George
CalAtlantic Homes, Inc.
1100 Perimeter Park Drive Suite 112
Morrisville, NC 27560
Project: Oak Pointe County: Wake
ROY COOPER
Governor
MICHAEL S. REGAN
Secrefmy
Expiration of Acceptance: 3/1/2018
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
[13 -digit HUC)
Cape Fear 03030002 Riparian Wetland 0.95
Warm Stream 355
Cape Fear Jordan Watershed Zone 1 7,239
Lower New Hope Zone 2
4,821
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Dalton Cook, agent
Sincerely,
am ..s. B Stanfill
Asset Management Supervisor
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 I 217 W. Jones Street, Suite 3000
919 707 8976 T

Strickland, Bev
From:Dalton Cook <[e-mail]>
Sent:Tuesday, August 29, 2017 4:07 PM
To:Higgins, Karen
Cc:Montalvo, Sheri A
Subject:DWR #16-085 (Oak Point Subdivision)
Attachments:ACOE - Permit Transfer Form.pdf; New Oak Pointe deed (CalAtlantic new owner).pdf;
Final Signed ACOE Permit and DEQ 401.pdf
Ms. Higgins,

This property/permit has been transferred to new owners. Attached documents are for your project file. We are in the
process of getting updated mitigation commitments and will be moving toward mitigation completion straight away.

Please let me know if you have any questions or need any other supporting documents.

Thanks you,

Dalton Cook
Environmental Project Scientist
Spangler Environmental, Inc.
www.SpanglerEnvironmental.com
Raleigh Office 919-875-4288
4338 Bland Road
Raleigh, NC 27609

This e-mail transmission (and any attachments thereto) is confidential and privileged. It is intended only for viewing by the
entity to which it is addressed. This document and attachments may contain information subject to attorney work-product
doctrines or attorney-client privilege. If you are not the addressee, your disclosure, copying, distribution or use of the
contents of this message for any purpose is prohibited. If you have received this message in error, please notify the
sender by return e-mail.

1

Permit No.: SAW -201.6-00095
Issuing Office: G]ESAW-RG-R
NOTE: The term "you" and its derivatives, as used in. this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the pennitted activity
or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project is a medium density residential development consisting of 96 single family lots. Construction
of theproject would occur in two phases. Phase one on the northwest side of Beaver' Creels, and phase two on the southeast side
of Beaver Creek. Construction of the project would involve some clearing of forested areas, grading, and construction of road
and utility, infrastructure. Initial activity would involve land clearing and grubbing, along with the installation of erosion control
measures, including silt fencing, check dates, and silt basins approved by the NC Division of Energy, Mineral, and Land
Resources and the Town of Apex. Clean fill would be placed in permanent wetland impact areas. These areas would be graded
and stabilized. Once lots are graded, individual homes and townhomes would be constructed. The proposed project would
permanently impact 0.95 acre of riparian wetlands, 335 linear feet of sheam channel (220 linear feet of intermittent stream
channel and 115 linear feet ofperennial stream channel) , and temporarily impact 20 linear feet stream channel fiom fill associated
with the construction of the Oak Pointe residential subdivision.
Project Location: The project is located on the south side of Old Jenks Rd. approximately one mile from its intersection with
NC Hwy 55, in the Town of Apex, in Wake County, North Carolina. It lies withhi the Beaver Creels watershed in the Cape Fear
River Basin (HUC 03030002). Beaver Creek and its unnamed tributaries are classified as Class WS -IV - Nutrient Sensitive
Waters. The Site consists of seven separate parcels, Wake County PIN's 0733706935, 0733709908, 0733706412, 0733709307,
0732798712, 0732893803, and 0732788583.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2021. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration ofthe area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must inumdiately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or ifthe site is eligible for listing in the National Register of Historic
Places.
ENO FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendn rl))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit.- Fol, your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this. office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1, Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This peanut does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages- to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted proj ect or uses thereof as a result of current or future activities undertaken by or on behalf of
the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or coustruction deficiencies associated with the permitted work,
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
^U.S. GOVERNMENT PRINTING OFFICC:1986 - 717.425

4. Reliance ou Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made hi reliance on the information you provided.
5. Reevaluation of -Permit Decision—This office may -reevaluate its decision on this -permit at any the. circumstances warraut.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, nncomplete, or
inaccurate. (See 4 above).
e. Significant new information surfaces which this office did not consider in Teachiing the original public interest decision.
Such a reevaluation may result in a determination that ii is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of as administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this offce, and if you fail to comply with such directive, this Office may in Certain situations
(such as those specified in 33 CFR 20.9.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6, Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this tune limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
ow ,,,J 4 b." !or1 /0 —2-& -I la
(ERMITT E) E AR CORPORATION (DATE)
' N: MR. MiTCH BARRON
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
Cq -,-)g( b
( LSTRICT C M1414NDi;R) KEVIN P. LANDERS SR., COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities. associated with compliance with its terms and conditions, have the transferee sign and date below.
0812111;
(TRANSF EE) J14foN N. p.WI 9,A41 ATE)
1eDrL GroLMJ-'0N-T1r- ING,
U.S. GOVERNMENT PRLNTING OFFICE: 1986 -717-425

DEPARTMENT OF TUE ARMY PERMIT
Permittee: LENNAR CORPORATION, ATTN: MR. MITCH BARRON
Permit No.: SAW -2016-00095
Issuing Office: CESAW-RGR
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project is a medium density residential development consisting of 96 single family lots. Construction
of the proj ect would occur in two phases. Phase one on the northwest side of Beaver Creek, and phase two on the southeast side
of Beaver Creek. Construction of the project would involve some clearing of forested areas, grading, and construction of road
and utility infrastructure. Initial activity would involve land clearing and grubbing, along with the installation of erosion control
measures, including silt fencing, check dams, and silt basins approved by the NC Division of Energy, Mineral, and Land
Resources and the Town of Apex. Clean fill would be placed in permanent wetland impact areas. These areas would be graded
and stabilized. Once lots are graded, individual homes and townhomes would be constructed. The proposed project would
permanently impact 0,95 acre of riparian wetlands, 335 linear feet of stream channel (220 linear feet of intermittent stream
channel and 115 linear feet ofperennial stream channel) , and temporarily impact 20 linear feet stream channel from fill associated
with the construction of the Oak Pointe residential subdivision.
Project Location: The project is Iocated on the south side of Old Jenks Rd. approximately one mile from its intersection with
NC Hwy 55, in the Town of Apex, in Wake County, North Carolina. It lies within the Beaver Creek watershed in the Cape Fear
River Basin (HUC 03030002). Beaver Creek and its unnamed tributaries are classified as Class WS -IV - Nutrient Sensitive
Waters. The Site consists of seven separate parcels, Wake County PIN's 0733706935, 0733709908, 0733706412, 0733709307,
0732798712, 0732893803, and 0732788583.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2021. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in thecertificationas special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(?) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Govermnent does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of
the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
%8. GOVERNMENT PRINTING OFFICE: 1986- 717.425

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
— - 5 Reevaluationo€Permit-Dec-ision—This office mayreevaluate- its -decision.onthis_permit. atanytime the circumstances warrant,
_ _
Circumstances that could require a reevaluation include, but are not limited to, the following;
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit,
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
/W V4 4 kmnwa dor . 2&-)&o
(ERIVIIT E) AR CORPORATION (DATE)
� N: MR. MITCH BARRON
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
�� -e--V -ao(L
DISTRICT C MMANDER) IZEVIN P. LANDERS SR., COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
-U.S. GOVERNMENT PRINTING OFFICE: 1986-717-425

SPECIAL, CONDITIONS
ACTION ID. SAW -2016-00095
LENNAR CORPORATION
OAK POINTE SUBDIVISION
Failure to institute and carry out the details of the following special conditions below
(listed as a -v) will result in a directive to cease all ongoing and permitted work within waters
of the United States, including wetlands, associated with the permitted project, or such other
remedies and/or fines as the U.S. Army Corps of Engineers District Commander or his
authorized representatives may seek.
WORK LIMITS
a) CONSTRUCTION PLANS: All work authorized by this permit must be performed in
strict compliance with the attached plans dated August 8, 2016. Any modification to.
these plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
b) UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any
USACE approved modification to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement
or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
c) MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patters within waters or wetlands or to
reduce the reach of waters or wetlands.
d) DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the
construction design pians for this project do not deviate from the permit plans attached to
this authorization. Written verification shall be provided that the final construction
drawings comply with the attached permit drawings prior to any active construction in
waters of the United States, including wetlands. Any deviation in the construction design
plans will be brought to the attention of the Corps of Engineers, Mr. James Lastiager,
Raleigh Regulatory Field Office prior to any active construction in waters or wetlands.
e) PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite
preconstruction meeting between its representatives, the contractor's representatives and
the appropriate Corps of Engineers Project Manager prior to undertaking any work within
jurisdictional waters and wetlands to ensure that there is a mutual understanding of all

SPECIAL CONDITIONS
ACTION ID. SAW -2016-00095
LENNAR CORPORATION
OAK POINTE SUBDIVISION
terms and conditions contained within the Department of the Army permit. The
Permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (3 0)
days in advance of the scheduled meeting in order to provide that individual with ample
opportunity to schedule and participate in the required meeting.
RELATED LAWS
f) SEDIMENTATIONIEROSION CONTROL PLAN: Thirty days prior to
commencing land disturbing activity, a Sedimentation/Erosion Control Plan will be filed
with the Division of Energy, Mineral and Land Resources, Land Quality Section, North
Carolina Department of Environment and Natural Resources,
The Plan must:
(1) Include a scaled plat plan of the site, showing the affected areas as well as adjacent
properties which may be affected. Include contours, if available.
(2) Indicate critical areas such as wetlands, creeks, streams, drainways, marsh etc.
(3) Include a brief narrative describing the activities to be undertaken and a
construction schedule.
(4) Indicate on the plat the measures to be utilized to prevent sediment from entering
adjacent properties, such as location of silt fences, silt basins, diversion ditches, hay
barriers, areas to be seeded, etc.
(5) Include any other pertinent information directed at controlling off-site
sedimentation, slope degradation and erosion.
Note: The Plan is required whenever the proposed activity is to be undertaken on a tract
comprising more than one acre, if more than one contiguous acre is to be uncovered.
g) WATER CONTAMINATION: All mechanized equipment will be regularly
inspected and maintained to prevent contamination of waters and wetlands from facts,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum

SPECIAL CONDITIONS
ACTION 1D. SAW -2016-00095
LENNAR CORPORATION
products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone] or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
h) The North Carolina Division of Water Resources (DWR) permit/certification number
4071 was issued for this project on September 19, 2016. Special conditions were issued
associated with this water quality permit/certification and a copy of these conditions is
attached as Exhibit A. These referenced conditions are hereby incorporated as special
conditions of this permit.
PROJECT MAINTENANCE
i) NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND
COMPLETION: The permittee shall advise the Corps in writing prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
j) CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in
waters or wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities. Metal products, organic materials (including
debris from land clearing activities), or unsightly debris will not be used. Soils used for
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act.
k) PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents
to comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this permit.
A copy of this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.
1) SILT -FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subj cot to soil

SPECIAL CONDITIONS
ACTION ID. SAW -2016-00095
LENNAR CORPORATION
-- — -- - OAKP-OINTE SUBDIVISION
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
m) PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of
this permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
n) EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove
all sediment and erosion control measures placed in wetlands or waters, and shall restore
natural grades in those areas, prior to project completion.
ENFORCEMENT
n) REPORTING ADDRESS: All reports, documentation and correspondence required
by the conditions of this permit shall be submitted to the following address: U.S. Army
Corps of Engineers, Regulatory Division, Raleigh Regulatory Field Office, c/o Mr. James
Lastinger; 3331 Heritage Trade Dr., suite 105, Wake Forest, North Carolina, 27518, and
by telephone at: (919) 5 54-48 84 (ext. 32) The Permittee shall reference the following
permit number, SAW -2016-00095, on all submittals.
o) REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS
AND HARBORS ACT: Violation of these conditions or violation of Section 404 of the
Clean Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing
to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the
permittee's discovery of the violation,
p) COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in an administrative financial penalty and/or
directive to cease work until the problem is resolved to the satisfaction of the Corps.

SPECIAL CONDITIONS
ACTION ID. SAW -2016-00095
LENNAR CORPORATION
--_. - --- - - -- -- - OAKTOINTE-SUBDIVISION _ — -- -- - —
COMPENSATORY MITIGATION
q) In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.
r) PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be retained to waters of the
United States when it no longer poses a threat to aquatic organisms (concrete is set and
cured).
CULVERTS
s) INSTALLATION OF CULVERTS: For construction of culverts, measures will be
included in the construction that will promote the safe passage of fish and other aquatic
organisms. For all culvert construction activities, the dimension, pattern, and profile of
the stream, (above and below a pipe or culvert), should not be modified by widening the
stream channel or by reducing the depth of the stream. Culvert inverts will be buried at
least one foot below the bed of the stream for culverts greater than 48 inches in diameter.
For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of
the stream to a depth equal to or greater than 20 percent of the diameter of the culvert.
UTILITY LINES
t) TEMPORARY IMPACTS.RESTORATIONMEASURES: Temporary discharge of
excavated or fill material into wetlands and waters of the United States will be for the
absolute minimum period of time necessary to accomplish the work. All authorized
temporary wetland, stream, and tributary impacts will be returned to pre -disturbance

SPECIAL CONDITIONS
ACTION ID. SAW -2016-00095
LENNAR CORPORATION
OAKP_OINTE SUBDI_VISION
grade and contour, and re -vegetated with a wetland seed mix or a mix of native woody
species. Fescue grass or any invasive species such as Lespedeza, shall not be used
within the wetland areas. In wetland areas where utility line installation via trenching is
authorized, wetland topsoil will be segregated from the underlying subsoil, and the top 6
to 12 inches of the trench will be backfilled with topsoil fiom the trench.
u) Prior to construction within any jurisdictional areas, the permittee must correctly
install silt fencing (with or without safety fencing) parallel with the utility line corridor,
on both sides of the jurisdictional crossing. This barrier is to serve both as an erosion
control measure and a visual identifier of the limits of construction within any
jurisdictional area. The permittee must maintain the fencing, at minimum, until the
wetlands have re -vegetated and stabilized.
ESA
v) THREATENED AND ENDANGERED SPECIES: All necessary precautions and
measures will be implemented so that any activity will not kill, injure, capture, harass, or
otherwise harm any protected federally listed species. While accomplishing the
authorized work, if the permittee discovers or observes a damaged or hurt listed
endangered or threatened species, the District Engineer will be immediately notified to
initiate the required Federal coordination.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Lenuar Corporation
File Number: SAW -2016-00095
Date: October
21, 2016
Barron:See
SectionbelowL
A
jAttmEtch
PROFFERED PERMIT Standard Permit or Letter of exxn ssion)
ERED PERMIT (Standard Permit or Letter of permission)
B
IT DENIAL
C
OVED JURISDICTIONAL DETERNIINATION
D
MINARY 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 http�//www.usace.arrny.ndl/Missions/C vilWorks/RepulatoryProp-romandPermits.as2x
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
m ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. 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 aLetter 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 apermit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
o 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.
o 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 maybe appealed),
by contacting the Corps district for further instruction. Also you may provide new inforination for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons for -appealing thedecisionor you objections -to-an -initial-
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: James Lastinger, Regulatory Specialist
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room 1OM1 5
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
919-554-4884 ext 32
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. Youwill be provided 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Turisrlictional Detei nsihations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Atm: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room IOMI5, Atlanta, Georgia 30303.8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRE__ LOMARYJURISDICTLONAL_DETERMINATION(JD);October 2l.____—_
2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD;
Lennar Corporation
Attn: Mitch Barron
909 Aviation Parkway, Suite 700
Morrisville, North Carolina 27560
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Oak Pointe/WilldnsonPropertv/Apex/Wake,
County, SAW -2016-00095
D, PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
? THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borouglr; Wake City: Apex
Center coordinates of site (tat/long in degree decimal format): Lat. 35.7549772746019° N, Long. -78.87220 W.
Universal Transverse Mercator:
Name of nearest water body: Beaver Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: 2,100 linear feet: width (ft) and/or acres,
CowardinClass; Riverine
Stream Flow: Intermittent and perennial
Wetlands: 11 acres.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
Office (Desk) Determination. Date: October 21, 2016
Field Determination. Date(s): February 23, 2015
1, The Corps of Engineers believes that theme may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (ID) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2, in any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (N WP) or other
general permit verification requiring "prro-consuvctkm not cation" (PCN), orroquests verification for a non-reportingNWP or
other general permit and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following; (1) the permit applicant has elected to seek a permit authorization based on a preliminary ID, which
does not make an official determination ofjurisdictional waters; (2) that the applicant has the option to request an approved Jr)
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of theNWP or other general permit
authorization; (4) that the applicant can accept apermit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
appli'cant's acceptance of the use ofthe preliminary JD, but that either form of JD will be processed as soon as is practicable;

(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or m any administraflve appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a. preliminary JD, that JD will be processed as soon as
is practicable, Fuer her, an approved JD, a proffered individual permit (arid—la lterms and conditions eontainedtfietcin), or - ---
individual permit denial can be administratively appealed pursuant to 33 CY R Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.R.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWAjurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTINGDATA. Data reviewed for preliminary JD (ebech all that apply - checked items should be Included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ESI.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data.
❑ USGS 8 and 12 digit l3UCCmaps.
® U. S. Geological Survey map(s). Cite scale & quad name: Apex quad.
® USDANamml Resources Conservation Service Soil Survey, Citation; Wake County 1970.
® National wetlands inventorymap(s). Citename: USFWS NWI mapping service.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps: Simsuite NFEL.
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: Aerial (Name & Date);
or Other (Name & Date): site photos 2015.
❑ Previous determination(s). File no. and date ofresponse letter:
❑ Other information (please specify):
IMPORTANT NOTE; The information recorded on this form hasnotnecessarily been verified by the Corns and should
not be relied upon for later iurisdictional determinations.
Ga
Signature and to of
RegalatolyProjectManager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable) -

Waters Inventory Table
-
Cn
Estimated amount of
Class of aquatic
Site number
Latitude
Longitude
aquatic resource in
Classlass
review area
resource
WPA
35,75727
____.
-78.87211
PFO
lame
__. ___..__ __..-wetland
Section 404-
WPB
35.75754
-78.87051
PFO
3acres
Section 404 -
wetland
WPCIWXA
35.75474
-78.87259
PFO
6acres
Section 404 -
wetland
WLA
35.75225
-78,87177
PFO
Iacre
Section 404 -
wetland
SPA
35.75769
-78.87305
R4
650 linear feet
Non -Section 10 -
non -tidal
SLC
35.75598
-78.87309
R4
220 linear feet
NonSectionM
non -tidal
SLA
35.75277
-78.87337
R4
75 linear feet
Non -Section 10 -
non -tidal
SF
35.75456
-78.87221
R3
1,920 linear feet
Non -Section 10 -
non -tidal
SD
35.75484
-78.87192
R4
25 linear feet
Non-Sectionl0-
non-tidal
SPB
34.94611
-79.84488
R4
20 linear feet
Non -Section 10 -
non -tidal
SXA
35.75403
-78.87271
R4
15 linear feet
Nun -Section 10 -
non -tidal
SLB
35.75205
-78.87198
R4
75 linear feet
Non -Section 10 -
non -tidal

a
r - .'anf-.r�r'.'.i
O Project Study Area
Jurisdictional Wetland
® Pond
Jurisdictional Intermittent Stream
Jurisdictional Perennial Stream
• NCWAM Evaluation Locations
• NCSAM Evaluation Locations
Location and Extent is approximate.
0 200 400
Feet�
Sources High Resolution NC Slalrnude ORholmagery,
COW 2015; Project Boundary proinded by Wake Gounly
GIS parcel dela 2014
Oledalmen The inr p. l e d pI I d on If.....t f rm a nal
pu,pose. only antlW nlpp db adl..t cnibbial Iglm
en.lneedng puryasou Ul u6n y pros I d - I frruahury revlev
and in lnt.,dsd for loss W, by Prf t I Lnd Surveyor pdor to
y lalory roll.
ENVIRONMENTAL
SERVICES, INC.
4901 Tlodemark DIMRaleigh, Nodh Calellna27610
(al .)212-1.0
(91 9 212-1707 For,vvrv,v.envvo onlroesooksslno.mm
VIP
4
A
JIINTJ�_
moo } s MR,
+
t 't viL
s
Z7t' ti, 1 r
� 3. w : � �„Y'tfel4t°� � � +fytS„}�4= i / .t� •v/ x{�.t'y
r•F tAA a! t r{� ' ay',.x „( n` d .1P C
NO
�2) trt(.ir Ye�7rl I u+ t �, `p"��_, J4 ! � i��'Y •.,�sY�� }A •}�'a
1 Yli)
1s� Yt r 1 ,IM1
lyi 1, 7
�.�r, ,; , 1riFx' i USACE so
site review was conducted on
�„• r y �6aO jrjr f5,`renYet G Feb 23, 2015.
Approximate Jurisdictional Features Project: ER16076.00
Oak Pointe Date: June 2016
Wale County, North Carolina Dmmn/Chkd: KT/RT
Figure: 3
SPA
1-80
SPB
1-3, 1=WPC1-WXA18a
SLA
1-6, 1=WLB1a=WLB1
SLC
1-43
SD
1-5
—
SE
1=88, la -87a 76a=WLB8-
SXA
1-2
W PA
1-7
WPB
1-20, 1a -21a
WPC
1-36
W LA
1-56
WLB
1-8,1a-5a,8=SE76a
WXA_..._.....1-36,-1a.-_18a....
_.
a
r - .'anf-.r�r'.'.i
O Project Study Area
Jurisdictional Wetland
® Pond
Jurisdictional Intermittent Stream
Jurisdictional Perennial Stream
• NCWAM Evaluation Locations
• NCSAM Evaluation Locations
Location and Extent is approximate.
0 200 400
Feet�
Sources High Resolution NC Slalrnude ORholmagery,
COW 2015; Project Boundary proinded by Wake Gounly
GIS parcel dela 2014
Oledalmen The inr p. l e d pI I d on If.....t f rm a nal
pu,pose. only antlW nlpp db adl..t cnibbial Iglm
en.lneedng puryasou Ul u6n y pros I d - I frruahury revlev
and in lnt.,dsd for loss W, by Prf t I Lnd Surveyor pdor to
y lalory roll.
ENVIRONMENTAL
SERVICES, INC.
4901 Tlodemark DIMRaleigh, Nodh Calellna27610
(al .)212-1.0
(91 9 212-1707 For,vvrv,v.envvo onlroesooksslno.mm
VIP
4
A
JIINTJ�_
moo } s MR,
+
t 't viL
s
Z7t' ti, 1 r
� 3. w : � �„Y'tfel4t°� � � +fytS„}�4= i / .t� •v/ x{�.t'y
r•F tAA a! t r{� ' ay',.x „( n` d .1P C
NO
�2) trt(.ir Ye�7rl I u+ t �, `p"��_, J4 ! � i��'Y •.,�sY�� }A •}�'a
1 Yli)
1s� Yt r 1 ,IM1
lyi 1, 7
�.�r, ,; , 1riFx' i USACE so
site review was conducted on
�„• r y �6aO jrjr f5,`renYet G Feb 23, 2015.
Approximate Jurisdictional Features Project: ER16076.00
Oak Pointe Date: June 2016
Wale County, North Carolina Dmmn/Chkd: KT/RT
Figure: 3

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Lennar Corporation Attn: Mitch Barron
Project Name: Calc Pointe residential subdivision
Action ID: SAW -2016-00095
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S, Army Corps of Engineers (USACE) Project Manager identified on page two is In receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or If the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or NUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the Identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACEProject
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing Instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002. Cane Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts(acres)
Warm
Cool Cold
Riparian Riverine
Riparian Non-Riverine
I Non -Riparian
Coastal
115
0.95
"If more than one mitigation sponsorwill be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
CoolCold
Riparian Riverine Riparian Non-Riverine
Non -Riparian
Coastal
230
1.88
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific slteto be debited).
Section to be completed by the Mitigation sponsor
Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized
Signature of Sponsor's Authorized Representative
Date of
Page 1 of 2 Form Updated 23 November, 2015

USAGE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
— reponsibWfora wy--otMrmitigatiaiTrequirements stated in the permit conditions — — -- --
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is In receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• - If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USAGE administrative records for both
the permit and the Banl</ILF instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest NC 27587 (email: [e-mail].m1i1. Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wale Forest, North Carolina 27587
Email: [e-mail]
Manager Signature
October 21, 2016
Date of Signature
Current Wilmington District mitigation guidance, Including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at htto://ribits.usace.army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Custnmer5atisfaction survey located at our website at http://regulatory.usacesurvey.com/to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Lennar Corporation Attn: Mitch Barron Action ID: SAW -2016-00095
Project Name: Oalc Pointe residential subdivision County: Wake
---— ---------------
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has sighed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below, if more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Reauirine Mitleation* 8 -digit HUC and Basim 03030002, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
171
*If more than one mitigation sponsorwill be used for the permit, only include impacts to be mitigated by this sponsor.
Comnensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool
Cold Riparian Riverine
Riparian Non-Riverine
Nan -Riparian
Coastal
171
Mitigation Site Debited: Restoration Systems -Cripple Creek Stream and Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance; I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation Identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site Identified above. Further, I understand that if the Sponsor falls to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page Z
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any otfiermitigationlegTil`remenfsstated irrthepermltconditions.
• Construction within jurisdictional areas authorized by the permit identifled on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit Issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) Is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and Included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed; the Sponsor should provide copies of this form along with on updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email• [e-mail]). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wale Forest, North Carolina 27587
Email: [e-mail]
"4' O"L�'�f.-.� October 21, 2016
UACErojgjiManager Signature Date. of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation ban[( location and availability, and credit classifications (Including stream temperature and wetland groupings) is
available at http://ribits.usace,army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the pub Ile. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesuNey.com/ to complete the survey online,

__ _ Water Resources __
ENVIRONMENTAL QUALITY
PAT MCCRORY
Co'.T.I'
DONALD R. VAN DER VAART
seaulmy
-- - ---- - - - S. PAY ZfMMERMAN
Direclan
September 19, 2016
Lennar Carolinas, LLC
Attn: Mr. Mitch Barron
909 Aviation Parkway, #7D0
Morrisville, NC 27560
D W R # 16-085
Wake County
Subject: Approval of individual 401 Water Quality Certification with Additional Conditions
Oak Pointe Subdivision
USACE Action ID, No. SAW -2016-00095
Dear Mr. Barron,
Attached hereto is a copy of Certification No. 4071 issued to Mr. Mitch Barron and Lennar
Carolinas, LLC, dated September 19, 2016, Please note that you should get any other federal, state
or local permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations. Although Impacts to Jordan Lake Watershed riparian buffers were included in the
application, these impacts require a buffer authorization from the Town of Apex, This Certification
does not authorize riparian buffer impacts.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an
administrative hearingtothe Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www,ncoah.com/or by calling the OAH
Clerk's Office at [phone] for information. 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:O0pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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.
Slato oI'Nonll Carolirm I EnYbnmcntal Qualily1 Wale, Rasourets
1617 Mail S.Mov Cantor i Raleigh, Nod, Camrma 27699-160
919 807 630D

Lennar Carolinas, LLC
DWR# 16-0285
Individual Certification #4071
Page 2 of 8
Mailing address for the OAH:
ifsending Via US Postal Servicer if sending vla delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition Is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500, Contact Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
4 LLvo �
Karen Higgins, Supervisdr)
401 & Buffer Permitting Branch
cc: Robert Turnbull, Environmental Services, Inc., 4901Trademark Drive, Raleigh, NC
27610
Jim Spangler, Spangler Environmental, Inc., 4338 Bland Road, Raleigh, NC 27610
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename; 150285oakPointeSD(Wake) 401_IC.docx

Lennar Carolinas, LLC
DWR# 16-0285
Individual Certiflcation #4071
Page 3 of 8
NORTH -CAROLINA -40 -1 -WATER QUALITY CERTIFICATION
CERTIFICATION #4071 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subjectto North Carolina's Regulations in 15A NCAC
02H.0500, to Mr. Mitch Barron and Lennar Carolinas, LLC, who have authorization forthe impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on March 18, 2016 and subsequent Information on June 27, 2016 and August 9, 2016,
and by Public Notice issued by the U, S, Army Corps of Engineers and received by the Division on
March 23, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth,
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
51(81)—
intermittent
69 (linear feet)
0 (linear feet)
S2 (C1)
intermittent
151 (linear feet)
0 (linear feet)
53 (C2) - perennial
115 (linearfeet)
0 (linear feet)
S4(E)-perennial
0 (linear feet)
20(linearfeet)
Stream Totals
335(linearfeet)
20 (linear feet)
404/401 Wetlands
W1 (Cl)
0.24 (acres)
0 (acres)
W2 (C2)
0.50 (acres)
0 (acres)
W3 (D)
0.19 (acres)
0 (acres)
W4 (E)
0.02 (acres)
0 (acres)
404/401 Wetlands
Totals
0.95 (acres)
0 (acres)

Lennar Carolinas, LLC
DWR# 16-0285
Individual Cerrification #4071
Page 4 of 8
2, Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Restoratlon Systems, LLC to use the Cripple
Creek Stream & Wetland Mitigation Bank to meet this mitigation requirement. Until the
Cripple.Creek -Stream & Wetland Mitigation Bank 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 purposes, this Authorization Certificate authorizes
payment to the Cripple Creek Stream & Wetland Mitigation Bank to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Stormwater Management Pian
You are required to provide a digital copy of the approved stormwater management plan
(SMP), Including plan details on full-sized plan sheets, with proof of the Town of Apex's
approval. The approved SMP shall be submitted to Cory Larsen, PE of the DWR 401 and Buffer
Permitting Branch ([e-mail]) before any impacts authorized in this
certification occur. After It is approved, the SMP may not be modified without prior written
authorization from the Town of Apex. If modified, a digital copy of the approval letter and
modified SMP shall again be submitted to the DWR 401 & Buffer Permitting Branch (at the
email address above) prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
4. 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 application for this project. 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, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
certification. [15A NCAC 02H .0501 and .0502]
Sediment and Erosion Control
Erosion and sediment control practices must be In full compliance with all speciflcations
governingthe proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1;
Compensatory Mitigation
River & Sub -
Required
basin Number
Cape Fear
Stream
115 (feet)
03030002
Stormwater Management Pian
You are required to provide a digital copy of the approved stormwater management plan
(SMP), Including plan details on full-sized plan sheets, with proof of the Town of Apex's
approval. The approved SMP shall be submitted to Cory Larsen, PE of the DWR 401 and Buffer
Permitting Branch ([e-mail]) before any impacts authorized in this
certification occur. After It is approved, the SMP may not be modified without prior written
authorization from the Town of Apex. If modified, a digital copy of the approval letter and
modified SMP shall again be submitted to the DWR 401 & Buffer Permitting Branch (at the
email address above) prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
4. 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 application for this project. 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, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
certification. [15A NCAC 02H .0501 and .0502]
Sediment and Erosion Control
Erosion and sediment control practices must be In full compliance with all speciflcations
governingthe proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1;

Lennar Carolinas, LLC
DWR816-0285
Individual Certification 44071
Page 5 of 8
-a. Design,.Insta Had on, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified_in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
Installed, operated, and maintained In accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in mannerthat may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project, 115A NCAC 02H .0501
and .0502]
Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwaterto be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required, A copy of the general permit (NCG010000),
inspection log sheets, and other information maybe found at:
http://Poi-tal.ncdenr.org/web/wq/ws/su/"npdessw#tab-w. (15A NCAC 02H .0506(b)(5) and
(c)(5)]
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT

Lennar Carolinas, LLC
DWR# 16-0285
Individual Certification #4071
Page 6 of 8
_Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish Hils, [15A NCAC 02B.02001
10. Placement of Culverts and Other structures in Waters and Wetlands i15A NCAC 02H
.0506(b)(2) and (c)(2)l
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert,
Placement of culverts and other structures In Waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameterfor culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water orflood conditions, Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated floodways
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination thatthe temporary impact is no longer
necessary. The Impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
12. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]

Lennar Carolinas, LLC
DW R# 16-0285
Individual Certification #4071
Page 7 of 8
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
ternporaYi y disturbed areas shall be restricted to the area. directly Impacted by the approved
construction activity. All riprap shall be buried and/or "keyed In" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
14. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants, Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]
15. A one-time application of fertillzerto re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply With all other Federal, State and Local
regulations. [15ANCACO2B.0231]
16, Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundaries in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall be put In place at the time
of recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401 &Buffer Permitting Branch website at
http://portal,ncdenr.org/web/wa/swp/ws/401/ceitsandpermits/apply/forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 021-1.0501 and .0502]
17, This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
18. Continuing Compliance
Mr. Mitch Barron and Lennar Carolinas, LLC shall conduct construction activities in a manner
consistent with State water quality standards (Including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law, [15A NCAC 026 .0200] If the Divlslon determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) orthat State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Mitch Barron and Lennar
Carolinas, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with
15A NCAC 02H .0503 and provide oppo.rtunity for public hearing in accordance with 15A NCAC

Lennar Carolinas, LLC
DWR# 16-0285
Individual Certification #4071
Page 8 of 8
02H .0504. Any new or revised conditions shall be provided to Mr, Mitch Barron and Lennar
Carolinas, LLC ]n writing, shall be provided %-thQ S. Army Corps of Engineers fsr reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, andshall also become
conditions of the 404 Permit forthe project.
19.. This approval is forthe purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and Is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be Issued In their name. [15A NCAC 02H ,0501 and
.0502]
20. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H ,0502(f)]
21. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification, [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and May also result in criminal and/or civil penalties,
This the 19th day of September 2016
1 Liin���.
Karen Higgins, Supervisoh�
401 & Buffer Permitting Branch
KAH/jab
4071

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BKO16888PGO2591
WAKE COUNTY, MC 123
CHARLES P. GILLIAM
REGISTER OF DEEDS
PRESENTED & RECORDED ON
0812512017 15:06:33
STATE OF MC REAL ESTATE
EXCISE TAX: $11,520.00
BOOK:016888 PAGE:02591 - 02596
Revenue stamps: $11,520.00
PIN Nos. 0733706935, 0733709908, 0733709307, 0733706412, 0732798712, 0732788583,
0732893803
REIDs: 0115144, 0115143, 0197674, 0197673, 0032700, 0012374, 0209809
Prepared by and return to: Michael F. King, Esq., K&L Gates LLP (Vault Box #123)
P.O. Box 17047, Raleigh, NC 27619
Brief Description for the Index Approximately 57.356 acres, Town of Apex, Wake
Count
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made this ZS day of August, 2017, by and between
GRANTOR
LENNAR CAROLINAS, LLC,
a Delaware limited liability company
with a mailing address of:
909 Aviation Parkway, Suite 1500
Morrisville, North Carolina 27560
Attn: Patricia Hanchette
GRANTEE
CALATLANTIC GROUP, INC.,
a Delaware corporation
with a mailing address of:
1100 Perimeter Park Drive, Suite 112
Morrisville, NC 27560
Attn: Troy George
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or
partnership.
The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.

BK016888PG02592
WITNESSETH, that Grantor, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred,
conveyed and confirmed and by these presents does grant, bargain, sell, and convey unto the
Grantee in fee simple, all those certain tracts or parcels of land lying and being in Wake County,
North Carolina, being more particularly described on Exhibit A attached hereto and incorporated
herein (the "Property").
All or a portion of the Property herein conveyed does not include the primary residence
of Grantor.
TO HAVE AND TO HOLD the Property, together with all buildings, structures and
improvements thereon and all privileges and appurtenances thereto belonging to the Grantee in
fee simple and all of the rights, privileges, appurtenances, hereditaments, easements, reversions,
and remainders pertaining to or used in connection with the Property and/or any of the
improvements, including, without limitation, all (i) development rights and credits, impact fee
credits, prepaid fees, air rights, water, water rights, water stock, water capacity, sewer,
wastewater and reuse water rights, sewage treatment capacity, other utility capacity, rights, and
approvals, and permits relating to any of the Property, (ii) strips and gores, streets, alleys,
easements, rights-of-way, public ways, or other rights appurtenant, adjacent, or connected to any
of the Property, including, without limitation, all of Grantor's right, title and interest in and to
Old Jenks Road, and (iii) minerals, oil, gas, and other hydrocarbon substances in, under, or that
may be produced from any of the Property.
And Grantor covenants with Grantee that Grantor has done nothing to impair such title as
Grantor received, and Grantor will warrant and defend the title against the lawful claims of all
persons claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the Property is subject to the exceptions listed in Exhibit B attached hereto and
incorporated herein by reference.
[signature page follows]

BKO16888PGO2593
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name as.
of the date indicated in the notary acknowledgment below, and delivered as of the date indicated
on the first page of this Deed.
LENNAR CAROLINAS, LLC,
a Delaware limited liability comf
By: t�(�
Name:
Title: A Q
Arc County, North Carolina
I certify that the following person personally appeared before me this day and acknowledged to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in
the capacity indicated: V1V SI M A6K . ?a { r; C (A 5, A a(\c h a++e
Date: ,�j _ Z3
My Commission Expires:
.4, 42 i8
���r
[Affix I� *Stknp,0 49aal below]
ZZ-
NpTARy u'=
�o PUBLIC
Notdry
P`��
Print Name:
�A-Q . ��

BK016888PG02594
j
Exhibit A
Being all those certain tracts or parcels of land located in the Town of Apex, White Oak
Township, Wake County, North Carolina and being more particularly described as follows:
BEGINNING at an existing iron pipe, the northwestern corner of the Mary Lou Breedlove Heirs
tract; said iron pipe having NC Grid Coordinates of N 731,440.14 feet and E 2,037,530.14 feet
(NAD83); thence, 587-53-OIE 37.73 feet to a point on the southern right of way line of Old
Jenks Road (SR 1611); thence, along said right of way, the following calls: 533-08-58E 18.83
feet; S33 -59-21E 64.26 feet; 538-29-16E 77.57 feet; 544-04-27E 71.92 feet; 550-06-33E 76.97
feet; 555-43-07E 66.20 feet; 561-08-02E 72.85 feet; 566-19-39E 65.43 feet; 571-31-47E 67.24
feet; 574-50-13E 60.51 feet; 576-36-02E 67.97 feet; 577-16-57E 322.25 feet to an iron pipe on
the southern right of way line of Old Jenks Road, the northeastern corner of 6101 Collins LLC -
J. Dallas Herndon heirs; thence, leaving said right of way and with the eastern line of 6101
Collins LLC - J. Dallas Herndon heirs, SOI -59-11W 1522.01 feet to an existing iron pipe at the
creek bank; thence, N87 -53-57W 131.95 feet to an existing iron pipe; thence, SOI -54-28W
606.16 feet to an existing iron pipe; thence; S87 -57-33E 131.59 feet to an existing iron pipe, the
southwest corner of David Cole and Mary Hall property; thence, SO1-58-39W 192.10 feet to an
existing iron pipe,' the southwest corner of the William and Beverly Godwin property; thence,
547-43-55W 1208.41 feet to an existing concrete monument on the northern right of way line of
US Highway 64; thence with said right of way, N51 -39-38W 93.60 feet to an existing iron pipe;
thence, leaving said right of way and with the Town of Apex property, N12 -35-40E 1012.26 feet
to an existing iron pipe; thence, N86 -52-48W 140.06 feet to a point on the eastern line of Beaver
Creek Apex, LLC, thence, with said line, NO1-21-35E 895.91 feet to an existing iron pipe;
thence, N00 -51-58E 181.50 feet to an existing iron pipe; thence, N00 -48-52E 225.28 feet to an
existing iron pipe; thence, N00 -49-07E 420.33 feet to an existing iron pipe; thence, N00 -37-27E
443.01 feet to an existing iron pipe; thence, N00 -59-14E 367.07 feet to the point and place of
BEGINNING, containing 57.356 acres as shown on that certain ALTA Land Title Survey dated
April 25, 2016 and prepared by Michael P. Griffin (L-3331) of Griffin Land Surveying, Inc.
TOGETHER WITH all of Grantor's right, title and interest, in and to Old Jenks Road.

BKO16888PGO2595
Exhibit B
1. Taxes and assessments for the year 2018 and subsequent years, not yet due and payable.
2. Matters shown on plats of survey recorded in Book of Maps 1980, Page 767 and Book of
Maps 1995, Page 48, Wake County Registry.
3. Matters shown on plat of survey recorded in Book of Maps 1981, Page 1023, Wake County
Registry, including but not limited to the following: (a) thirty (30) foot wide access
easements; and (b) creek crossing the Property.
4. Thirty (30) foot wide sanitary sewer easement dedicated to the Town of Apex shown on
plat of survey recorded in Book of Maps 1995, Pages 568 and 569, Wake County Registry.
5. Matters shown on that certain ALTA Land Title Survey of the Property dated April 25,
2016, prepared by Griffin Land Surveying, Inc.
6. All easements, covenants, restrictions and conditions of record, and rights-of-way of public
and private streets and roads.
7. All easements, restrictions and rights-of-way as may be apparent from an inspection of the
Property.
8. All zoning, subdivision, land use and other laws, regulations or ordinances applicable to the
Property.

BK016888PG02596
BOOK:916888 PAGE:92591 - 62596
NORTH CAROLINA
Please retain yellow trailer page
It is part of the recorded document and must be submitted with the original for re-
recording.
Charles P. Gilliam
Register of Deeds
Wake County Justice Center
300 South Salisbury Street, Suite 1700
Raleigh, NC 27601
'DZNew Time Stamp ❑ $25 Non -Standard Fee
❑ Additional Document Fee
This Customer Group
# of Excessive Entities
# of Time Stamps Needed
❑ Additional Reference Fee
This Document
# of Pagess