20160924 Ver 1_More Info Received_20170302

Strickland, Bev
From:
Jim Spangler <[e-mail]>
Sent:
Thursday, March 02, 2017 12:50 PM
To:
Higgins, Karen
Cc:
Lastinger, James C CIV USARMY CESAW (US); Mitch Barron;
[e-mail]; Stuart Jones; Tony Tate ([e-mail])
Subject:
DWR 16-0924, Smith Assemblage
Attachments:
DWR Letter on Hold 2-22-17.pdf, NWP verification.pdf
Hello Karen,
I got a copy today of a letter you sent to Mitch Barron of Lennar, dated February 22, 2017, regarding the above -
referenced project (attached). Our PCN requested specific authorization for specific impacts, some of which are based
on conceptual future Phases of this project because they have not been (and may never be) engineered for
construction. The Corps required that we postulate future Phases and attempt to quantify conceptual impacts as a
placeholder because of the "single and complete" project requirements for Corps permitting.
It appears that perhaps the entire package sent to you and the Corps may not have been reviewed, based on some of
the questions raised in your letter. Also, some issues are not advanced through engineering design as discussed
above. In response to the items in your letter:
1. Map of all phases. The map you request is included in the PCN as Page 27 of 109.
2. The "Concept Plan" is exactly that, a concept plan that was used to provide to the Corps the possible future
concept of the future phases that have not yet been engineered (this iteration was in addition to the September
submittal, at the request of the Corps (can be confirmed by James Lastinger). The information for Phase 1 in the
concept plan pre -dates the engineered designs which are included in the Phased plans (including the "Lot Layout
Plan"). These future phases may never be built by Lennar, and may never be designed or constructed, but
because of the need to comply with the Corps requirement to enumerate all proposed impacts for a phased
project, the concept plan had to be developed. As stated in the PCN, we anticipate modifications may be
necessary as future phases are engineered. Only impact locations and quantities identified in the PCN are
authorized, regardless of the concepts or lot/road configurations on high ground that result from Town -
approved construction drawings. The Corps has issued the NWP verification for 0.038 acre of wetland impact in
Phase 1, which is the only phase moving through local Town of Apex construction drawing approvals to be
constructed in the near future by Lennar. The NWP verification also authorized 0.408 acre of wetland impact
and 496 linear feet of stream impact in future Phases 2-4 (at locations W2, S1, S2, and S3), for which engineering
in the future will be necessary. A copy of the Corps NWP verification is attached. You request that these
locations be shown in detail—and they are included in the PCN at Pages 28-34. Cross-sectional engineering
designs have not been prepared for these conceptual future phases as discussed earlier.
3. The detail of Pond 1 shown on Page 21 of 109 in the PCN does NOT show encroachment of rip rap below top -of -
bank, but the plan view does imply rip rap below top of bank of approximately 3 feet. The detail is correct, and
the plan view is in error. To be clear, we did not seek authorization for this location, and it is not authorized by
the Corps. Also, the BMP maintenance and access easement any include an area of the stream by survey. No
impacts are required to plat a survey boundary for this easement.
4. As stated in the application, the line will be bored, and no permanent impacts to the streambed are
required. The rip rap is for temporary equipment crossing only, per the construction plans provided in the PCN.
5. The impact maps provided in the PCN are at 1"=50' as submitted, with topographic contours shown. Cross
section details will not be prepared for Phases 2-4 until these Phases are engineered (if ever).
6. Lot 147 in Phase 2 has not been designed or platted. All lots in Phases 2-4 are conceptual, as discussed
earlier. However, Town of Apex construction plan approvals require all platted lots to include a buildable
envelope. At such time as lot 147 is platted (if ever) the building envelope will require—by local ordinance—

avoidance of wetland impacts. At this time, no impacts to the wetland shown at conceptual Lot 147 are
contemplated, and this area was not requested to be impacted in the PCN, nor was it authorized by the Corps.
7. Impacts for "future rec site" areas are not required.
8. Town of Apex has been involved in this project.
Please let me know if this allows the review of the request for 401 Certification to proceed.
Regards,
Jim
I Nam I NMI I H; 11, 0 ME = I IN
James A. (Jim) Spangler, CEI, A.M. ASCE
President
www...._..S1.:?.a.��gl rEi7virni7i i71 I:cni
919-875-4288 0
919-875-4287 F
4338 Bland Road, Raleigh, NC 27609
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MICHAEL 5_ REGAN
3e.Lrrf�y'
S. JAY ZIMMERMAN
WiR ter keyorrrces
E Pavy RONME"TAL Q'IJA LI I +
February 22, 20117
DWR # 16-0924
Wake County
I_ennar Carolinas, LLC
ATTN, Mitch Barron
909 Aviation Pkwy, Ste 700
Morrisville, SIC 27560
Subject: REQUEST FOR ADDITIONAL INFORh+1JATION
Smith Assemblage
[dear Mr. Barron.
On December 22, 2015, the Division of Water Resources (Dlvision� received your application
dated December 14, 2015, requesting, a 401 Water Quality Certification from the Division for
the subject project, with additional payment received January 11, 2017. The [division has
determined that your application is incomplete and cannot be processed. The application is on -
hold until all of the following Information is received:
1. The overall lot layout plana and overail impact map only include Phases 2-4. Provide an
overall site plan that show's all phases, Phases 1, 2, 3, and 4 on one map. Indicate on the
map the outline of each Phase, all jurisdictional waterbodies, and the proposed impart
areas for each phase.
2. On Figure 2,'"Concept'Plan with Missing Wetland Areas Radellneated", it appears that
the site layout for Phase 1 is different than that provided "inti September 2016 and
different than the portion of Phase 1 shown on the large neap identified as "Overall Lot
Layout plan". Please clarify which version is the correct site plan for Phase 1,
a. Additional impacts are shown on the "Concept Plan with Mis,5ing Wetland Areas
Redelineated", including BMP1 impacting an Intermittent stream, Barn Door
Drive impacting a wetland, and Farre House Drive impacting a
stream/jursdicitonal pond/wetiand area. If this Is the layout proposed,
enumerate each of these additional impact areas and include impact maps for
each proposed irn pact area_ Impact'naps should beat a scale of no smaller than
1" = W with topographic contours shown, Please include crass section details
for any proposed culverts.
1 on the plan provided for Stormwater Pend #1, it appears that some riprap may be
proposed below trip of bank. Please clarify whether any riprap will be installed below
trap of bank.
a. It also appears that the BMP maintenance and access easement includes the
footprint of the stream.. Please clarify whether any impacts are proposed within
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Request for Add info
Page 2 of 2
the stream footprint to provide access for maintenance of the IMP.
4. on the plan provided for Stormwater Pond #1, it appears that some riprap may be
proposed within the unitary sewer easement crossing the stream. In the Information
provided in September, it was indicated that the contractor was going to bare under the
creek and no riprap was shown on the plans. Please clarify whether rip rap will be
installed as part of the sewer line crossing within Phase 1.
5. Please re -submit your site plans for impact 8rea5 1-6 associated with Phases. 2-4 at a
scale of no smallerthan 1" = 50' with topographic contours shown. Please Include cross
section details for any proposed culverts showing provisions for aquatic life passage.
. Please provide the Building envelope for lot 147 to demonstrate this lot will be able to
be developed without additional jurisdictional impacts.
7. Several areas near existing ponds are labeled rfutrare re c: site". Clarify whether
additional impacts are expected with development of these future rec sites.
8. Nate that the Jordan Lance Riparian Buffer Impacts listed in the application will need to
be revl owed and approved by the Town of {apex.
Pursuant to Title 15A ('ECAC 02H .4507(e), the applicant Shall furnish all sof the above requested
information for the proper consideration of the applicatlon Please respond in writing within 3�
calendar days of receipt of this letter by sending two (2) copies of afi of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service C=enter, Raleigh, NC
27699-1517. If all of the requested information is not received in writing within 34 calendar
days of =receipt of this letter, the Division will be unable to approve the application and it will he
returned, The return of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fere.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Cade.
Please contact me at karen.hig&s . m_cdenr.gcLV if you have any questions or concerns.
Daren Higgins, Supervisor
481 & Buffer Permitting Branch
CC Jim Spangler, Spangler Environmental, Inc., 4338 Bland Rd,, Raleigh, NC 77609
USAGE Raleigh Regulatory Field Office
DWR 4011 & Buffer Permitting Branch file
File Name; 160024SmItKAssembIage (Wake)_4D1_HOLD

U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014-01347 County: Wake U.S.G.S. Quad: NC -NEW HILL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Lennar Carolinas, LLC
Attn: Mitch Barron
Address:
909 Aviation Parkway
suite 700
Morrisville, NC, 27560
Telephone Number:
919-337-9444
Size (acres) 230 Nearest Town Apex
Nearest Waterway Reedy Branch River Basin Cape Fear
USGS HUC 03030002 Coordinates Latitude: 35.7337135116302
Longitude: -78.9241195206922
Location description: The project site is approximately 230 acres located adjacent to Olive Chapel Rd and bordered to the
North by US Hwv 64 and to the west by the American Tobacco Trail 11reenway, near the town of Apex, Wake County, North
Carolina The site contains several tributaries and associated wetlands and impoundments that flow to Reedy Branch which
bisects the property from east to west Reedy Branch flows to Jordan Lake in the Cape Fear River basin.
Description of projects area and activity: This permit verification allows for 283 linear feet of stream channel impacts, 0.223 acre
of wetland impacts and 0.015 acre of open water impacts from 1511 associated with three road crossings and stormwater
construction for the Smith Farms residential subdivision. Mitigation is required for this proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transportation Projects and
NWP 29 Residential Development
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 9/15/2016 and 12/22/2016. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastinger at [phone] or James.C.Lastinger(ausace.army.mil.
Corps Regulatory Officia 6 Date: January 19, 2017

SAW -2014-01347
Expiration Date of Verification: 03/18/2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htti):HcoMsmqpu.usace.aM.mil/em apex/f/p=136.4.0.
Copy furnished:
Agent: Spangler Environmentallnc
Attn: Jim Spangler
Address: 4338 Bland Road
Raleigh, NC, 27609
Telephone Number:

SAW -2014-01347
SPECIAL CONDITIONS
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.
Construction within iurisdictional areas on the property shall begin only after the permittee has
made payments per the below mitigation table to either an Approved mitigation bank or the
NCDMS and provided a written confirmation to the Corps that it agrees to accept responsibility
for the mitigation work required, in compliance with the In -Lieu Fee Instrument that was
approved by the United States Army Corps of Engineers on July 28, 2010.
The applicant will make phased mitigation payments to either an approved mitigation bank or the
NCDMS as listed below. The cost of credits will be the current price at the time of payment, not
the current price at the time the permit of this modification was issued. No work on any phase of
the project shall begin until the payment for that phase has been issued.
Phase
Number
Impact Areas
Mitigation Required
Mitigation Payment
Deadline
1
W1
0.038 acre of wetland
Upon commencement of
work within phase one
0.408 acre of wetland
2-4
W2, S1, S2, S3
and 496 linear feet of
03/18/2018
stream

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Lennar Carolinas, LLC Attn: Mitch Barron
Project Name: Smith Farms subdivision
Action ID: SAW -2014-01347
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 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 Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.019
*If more than one mitigation sponsor will 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) I Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.038
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 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:
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 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
responsible for any other mitigation requirements 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 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 an updated bank ledger to: 1) the Permittee, 1) 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]. mil). 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
Wake Forest, North Carolina 27557
Email: [e-mail]
January 19 2017
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
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
Customer Satisfaction Survey located at our website at htto://regulatory.usacesurvey.com/ to complete the survey online.

Action ID Number: SAW -2014-01347 County: Wake
Permittee: Lennar Carolinas, LLC
Attn: Mitch Barron
Project Name: Smith Assemblage/Olive Chapel Rd./Apex/Wake County
Date Verification Issued: January 19, 2017
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date