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HomeMy WebLinkAbout20072022 Ver 6_Riparian Buffer Authorization_20171206Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com December 6, 2017 S&EC Project #8781.W38 NC Division of Water Resources 401 & Buffer Permitting UnitQ Attn: Karen Higgins 512 N. Salisbury Street (9th floor) Raleigh, NC 27603 AFF 0 6 2017 From: Deborah E. Shirley Soil & Environmental Consultants, P.A. 8412 Falls of Neuse Road, Ste. 104 Raleigh, NC 27615 Re: Fendol Farms -Phase 1: Riparian Buffer MODIFICATION (formally known as Laurel Grove -Phase 1 and Sierra -Phase 1) AID# SAW -2013-01687 & DWQ Project #07-2022, Ver.5 Durham, Durham County, NC On behalf of the owner, RREF II -FH NC Sierra, LLC (Attn: Aimee Carlson) please find attached a complete Buffer Authorization application and supplemental information requesting written concurrence from the N.C. Division of Water Resources (NCDWR) for the additional riparian buffer impacts necessary for the construction of the subject project. No additional stream/wetland impacts are proposed. The purpose of this modification request is that the impacts previously requested for the road crossings were not fully understood at the early stages of design, and rock being encountered during construction of the sanitary sewer required an alternate construction plan. Please contact me at (919) 846-5900 if you have any questions or would like additional information. PROJECT SUMMARY Project Name Fendol Farms -Phase 1 Project Type Residential Subdivision Owner / Applicant RREF II -FH NC Sierra, LLC County Durham Nearest Town Durham Waterbody Name Lick Creek Basin/HUC Neuse/03020201 Index Number 27-11-(0.5) Class WS -IV, NSW PREVIOUSLY AUTHORIZED CURRENT REQUEST Stream Impact (acres): 0.124 0 Wetland Impact (acres): 0.04 0 Open Water Impact (acres): 0 0 Total Impact to Waters of the U.S. (acres) 0.164 0 Total Stream Impact (linear feet): 802 0 Total Riparian Buffer Impacts (sq. ft.): Zone 1: 62,174 Zone 2: 55,128 Zone 1: 6,017 Zone 2: 11,622 Attachments: Riparian Buffer Authorization Form Project History Table Agent Authorization Form NRCS Soil Survey Map & USGS Topographic Map Neuse Buffer Determination Letters (NBRRO# 12-249) 401 Approval -Sierra Subdivision-DWQ #07-2022, Ver. 4) 404 Nationwide Permit Verification -AID SAW -2013-01687 Mitigation Transfer Certificate -RES Compensatory Mitigation Responsibility Transfer Form 401 Approval -Sierra Subdivision-DWQ #07-2022, Ver. 5) Exhibits A & B Statement of Availability -RES Overall Site Plan -for Impact location Reference (not updated) Impact Exhibits � l � State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B.0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c),.0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: Fendol Farms -Phase 1 (formally known as Laurel Grove -Ph. 1 and Sierra -Phase 1) 1 b. County: Durham 1c. Nearest municipality: Durham 1 d. Subdivision name: Fendol Farms (formally known as Laurel Grove and Sierra) 1 e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: RREF-11 FH NC Sierra, LLC 2b. Deed Book and Page No. Deed Bk: 7763; Deed Pg: 827 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): Could not locate. 2d. Responsible Party (for Corporations): Aimee Carlson 2e. Street address: 790 NW 107th Ave., 4"' Floor 2f. City, state, zip: Miami, FL 33172 2g. Telephone no.: 954-766-8378 2h. Fax no.: N/A 2i. Email address: Aimee,carlson{�iflaltocanital,com 3.Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ® Other, specify: Owner 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: N/A 3h. Email address: 401 & BUFFER PERMITTING 4. Agent/Consultant Information (if applicable) 4a. Name: Deborah E. Shirley 4b. Business name (if applicable): Soil & Environmental Consultants, PA 4c. Street address: 8412 Falls of Neuse Road, Suite 104 4d. City, state, zip: Raleigh, NC 27615 4e. Telephone no.: 919-846-5900 4f. Fax no.: 919-846-9467 4g. Email address: dshirievla'�.sandec.com FORM: BA 10-2013 Page 1 of 6 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0860-03-20-2938, 0860-03-10-1696, 0769-01-29-1773, 0769-01-38-1731 1 b. Site coordinates (in decimal degrees): IMPACT # 7 Latitude: 35.9505 Longitude: -78.7912 t 184 acres (all of phase 1) 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Lick Creek, 27-11-(0.5) 2b. Water Quality Classification of nearest receiving WS -IV; NSW water: 2c. River basin: Neuse; Hydrologic Unit Code 03020201 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions on site consist of large parcels of previously forested land that have been graded and infrastructure has been constructed. The general land use in the vicinity of the project is rural residential. 3b. Attach an 8'h x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 11,395 linear feet (before construction) 3e. Explain the purpose of the proposed project: The purpose of the project is to provide construction corridors for infrastructure previously permitted, and request authorization for two areas not quantified but shown in the previous impact exhibits 3f. Describe the overall project in detail, including the type of equipment to be used.- sed:The Theoverall project consists of constructing three (3) road crossings, sanitary sewer and a pedestrian trail, all previously permitted but additional riparian buffer impacts needed for construction purposes. Equipment such as bull dozers, bucket loaders, excavators and other typical equipment used for land disturbance and construction will be utilized. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property/ Comments: project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Soil & Name (if known): Bob, Zarzecki & Steven Ball, field verified by Environmental Consultants, PA Eric Alsmeyer AID# SAW -2013-01687 Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USA CE -site visits with Eric Alsmeyer on November 20, 2012 and August 1, 2013. NCDWQ-site visits with Martin Richmond on October 10, 2012 and December 19, 2012 (NBRRO #12-249). FORM: BA 10-2013 Page 2 of 6 B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown. this project (including all prior phases) in the past? 5b. If yes, explain and detail according to "help file" instructions. A PCN Application was submitted on August 8, 2017 by Soil & Environmental Consultants, PA. A 401 Water Quality Certification Approval was issued on Sept. 14, 2017 (DWQ Project #07-2022v5) 18 linear feet of temporary stream impacts and 0.04 acres temporary wetland impact. A 404 Nationwide Permit Verification was also issued via email on Sept. 14, 2017 (non -notifying NWP 12). See attached Table. Previous to the above: A PCN Application was submitted on June 4, 2015 by Soil & Environmental Consultants, PA. A 401 Water Quality Certification and Neuse Buffer Authorization Approval were issued on June 25, 2015 (DWQ Project #07-2022v4) 784 linear feet of stream impacts and 62,174 ft2 of Zone 1 & 55,128 ftz of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit Verification was also issued on July 6, 2015 (AID # SAW -2013- 01687) for 874 linear feet of stream for road crossings and sanitary sewer line crossings. See attached Table. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. This project will be permitted in two (2) phases. Phase 2 is currently going through the review process with the City of Durham, and will be submitted to the USACE & the NCD WR in the near future. FORM: SSGP3080 8-13 Page 3 of 6 C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected basin? ® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Jordan ❑ Goose Creek 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MIUST fill out Section D of this form. Buffer impact number — Type of impact Stream Buffer mitigation Zone 1 Zone 2 Permanent (P) Reason for impact (exempt, allowable, allowable w/ mitigation) name required? impact (sq ft) impact (sq ft) or Temporary Utility- UT to Lick B1 (#3)®P ❑ T Construction Allowable Creek ❑ Yes ® No 0 2,544 Corridor Utility- UT to Lick B2 (#4)® P❑ T Construction Allowable Creek ❑ Yes ® No 0 3,286 Corridor B3 (#5)® P❑ T Road Crossing Allowable UT to Lick ® Yes ❑ No 2,707 1,372 w/mitigation Creek B4 (#7)® P❑ T Road Crossing Allowable UT to Lick ® Yes ❑ No 1,717 2,154 w/mitigation Creek B5 (#8)® P❑ T Road Crossing Allowable UT to Lick Creek ❑ Yes ® No 1,364 865 B6(#10)®P❑ T Utility & Allowable UT to Lick ® Yes ❑ No 229 1,401 Pedestrian Trail w/mitigation (Zone 1) Creek Total buffer impacts 6,017 11,622 1c. Comments: FORM: BA 10-2013 Page 4 of 6 C. Impact Justification and Mitigation, continued D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Per the project engineer, the entire site is subject to Durham County Erosion Control regulations and has been permitted in accordance with those requirements. Silt fencing and silt fence outlets will be incorporated at every stream crossing to prevent erosion during construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NOTE THAT ALL NEW REQUESTED IMPACT AREAS ARE SHOWN WITHIN THE CLOUDED AREAS ON THE IMPACT EXHIBITS: Impact Areas 3 & 4 are necessary for the construction of the sanitary sewer line. The proposed Zone 2 impacts increase the construction easement of the sanitary sewer line in this area by 20 feet. In these two areas, it was determined post -approvals that the sanitary sewer easement was authorized to be constructed extremely close to the jurisdictional stream, on a very steep slope and through initial exploration, underground rock was encountered. These facts, and added to that the depths needed to construct the sanitary sewer line and the unstable soils from digging at 24 feet + depths, per the contractors it was determined that the conditions were unsafe to install the sanitary sewer according to the standard construction methods. Please see attached exhibits A & B provided by the contractors. It was determined that the alternative that minimized impacts to jurisdictional streams and riparian buffers was to widen the construction corridor "upslope , which would result in additional Zone 2 impacts by 2,544 ft' and 3,286 ftz consecutively. Impact Areas 5, 7 & 8 are all necessary for the "construction" of the Cast In Place (CIP) walls required for the road crossings. The previous impact extents were shown at the face of the CIP wall, this does not leave enough room for the construction of the 20' high walls. In addition, the footings have a small jut that extends past the face of the CIP wall that would not have been fully understood at the early stages of road crossing design. The foundation design happens later at building permitting. Impact areas 5 & 7 require additional buffer mitigation. Impact Area 10 are two areas of riparian buffer impacts that were shown on the previously submitted and approved impact exhibits, but were not quantified. The Zones 1 & 2 impacts are necessary for sanitary sewer construction and the pedestrian trail. Mitigation is proposed for the Zone 1 impacts. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer ® Yes ❑ No mitigation? 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet (square feet Zone 1 Road Crossings 5 & 7, Parallel Utility 10 4,653 3 (2 for Catawba) 13,959 Zone 2 Road Crossings 5 & 7 3,526 1.5 5,289 Total buffer mitigation required: 19,248 2c. If buffer mitigation is required is payment to a ® Yes ❑ No mitigation bank or NC EEP proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. SOA attached 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: SSGP3080 8-13 Page 5 of 6 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ® Other BMP ** maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ❑ Yes ® No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal/state) land? Manual and attach a BMP Supplement Form. 1b. The stormwater management plan (SMP) has been submitted to the City of Durham for ❑ Yes ❑ No review and anticipated approval. This SMP includes Stormwater Control Measures environmental document pursuant to the requirements of the National or State (North (SCM) to meet the diffuse flow requirements. F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of ❑ Yes ® No public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ® Yes ❑ No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): It is my understanding that a Notice of Violation was previously issued for this project. Deborah E. Shirley Applicant/Agent's Signature December 6, Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter ro the applicant is 2017 provided.) Date Send this completed form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 For all other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc): Karen Higgins OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 FORM: BA 10-2013 Page 6 of 6 B. Project information and Prior Project History 5. Project History Previous impacts Approved in 401 Water Quality Certification Approval on Sept. 14, 2017 (DWQ Project #07-2022v5): 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of Type of wetland Forested Type of jurisdiction (Corps- Area of impact number -Permanent or impact (if known) 404, 10, DWR-non-404, (acres) Temporary other) W1(#11) ❑ P ® T Force Main- Bottomland ❑ Yes ® Corps 0.04 Open -Cut Hardwood Forest ® No ❑ DWQ Excavation 2g. Total wetland impacts 0.04 3a. 3b. 3c. 3d. 3e. 3g Stream impact Type of Stream name Perennial or Type of jurisdiction Impact length number -Permanent impact intermittent ? (Corps - 404, 10 (linear feet) or Temporary DWQ — non -404, other) S1 (#10) ❑ P ® T Force Main- Lick Creek ® PER ® Corps 18 Open Cut ❑ INT ❑ DWQ Excavation 3h. Total stream and 18 tributary impacts B. Project information and Prior Project History Previous impacts Approved in 401 Water Quality Certification Approval on June 4, 2015 (DWQ Project #07-2022v4): 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial or Type of jurisdiction Average Impact number -Permanent intermittent? (Corps - 404, 10 stream length or Temporary DWQ - non -404, width (linear other) (feet) feet) S1 (#1) ❑ P ®T Sanitary Sewer- UT to Lick [:1 PER ® Corps 6' 31 Excavation Creek ® INT DWQ S2 (#3A) ❑ P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 9' 46 Excavation Creek ❑ INT ❑DWQ S3 (#38) ❑ P ®T Sanitary Sewer- UT to Lick ® PER ® Corps 7' 59 Excavation Creek ❑ INT ❑ DWQ S4 (#4) ❑ P ® T Sanitary Sewer- UT to Lick ❑ PER ® Corps 3' 32 Excavation Creek ® INT ❑ DWQ S5 (#5) ® P ❑ T Road Crossing -Culvert UT to Lick Creek ❑ PER ® INT ® Corps ❑ DWQ 7' 137 S6 (#5) ❑ P ® T Road Crossing- UT to Lick ❑ PER ® Corps 91 10 Temporary Construction Creek ® INT ❑ DWQ S7 (#6) ❑ P ® T Sanitary Sewer- UT to Lick ❑ PER ® Corps 5' 41 Excavation Creek ® INT ❑ DWQ S8 (#7) ® P ❑ T Road Crossing -Culvert UT to Lick Creek ® PER ❑ INT ® Corps ❑ DWQ 12' 262 S9 (#7) ® P ❑ T Permanent FAIDiverted UT to Lick ❑ PER ® Corps 5' 21' Stream Creek ® INT ❑ DWQ S10 (#8) ® P ❑ T Road Crossing -Culvert UT to Lick Creek ❑ PER ® INT ® Corps ❑ DWQ 3' 115 S11 (#9) ®P ❑ T Road Crossing -Culvert UT to Lick E:1 PER ® Corps 30 Extension Creek ® INT F-1DWQ3' 3h. Total stream and tributary impacts 784 B. Project information and Prior Project History 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for impact Buffer Zone 1 impact (square Zone 2 impact Permanent or Stream name mitigation feet) (square feet) Temporary required? B1 (#1) ® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ® Yes ❑ No 9131 11294 B2 (#1) ®P ❑ T Sanitary Sewer- UT to Lick ❑ Yes 1888 1383 Perpendicular Creek ® No B3 (#1) ® P ❑ T Pedestrian Trail UT to Lick Creek ❑ Yes ® No 471 0 B4 (#2) ® P ❑ T Bypass channel UT to Lick Creek ❑ Yes ® No 1007 897 B5 (#2) ® P ❑ T Pedestrian Trail UT to Lick Creek ❑ Yes ® No 0 1860 B6 (#3A) ® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ® Nos 0 1137 67(#3A) ®P [:1 T Sanitary Sewer- UT to Lick El Yes 1810 899 Perpendicular Creek ® No B8 (#3A) ® P ❑ T Pedestrian Bridge & Trail UT to Lick Creek ®Nos 557 462 B9 (#3B) ® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek Nos 6364 6483 B10 (#3B)� P[:] T Sanitary Sewer- UT to Lick El Yes 3993 533 Perpendicular Creek ® No B11(#3B)® P ❑ T Pedestrian Trail UT to Lick Creek ® Nos 0 408 B12(#4)® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ® Yes ❑ No 6525 7101 613(#4)®P [I T Sanitary Sewer- UT to Lick El Yes 1916 851 Perpendicular Creek ® No B14(#4)® P ❑ T Pedestrian Bridge & Trail UT to Lick Creek ❑ Yes ® No 360 16 B15(#5)® P ❑ T Road Crossing UT to Lick Creek ® Yes ❑ No 8595 6280 B16(#6)® P ❑ T Sanitary Sewer -Parallel UT to Lick Creek ® Yes ❑ No 92 793 B17(#6)®P El T Sanitary Sewer- UT to Lick El Yes 2246 1416 Perpendicular Creek ® No B18(#6)® P ❑ T Pedestrian Trail UT to Lick Creek ® Nos 364 11 B19(#6)® P ❑ T Bypass channel UT to Lick Creek ❑ Yes ® No 267 0 B20(#7)® P ❑ T Road Crossing UT to Lick Creek ® Yes ❑ No 7849 5290 B21(#8) ® P ❑ T Road Crossing UT to Lick Creek ® Nos 6790 4586 622(#9)®P El T Road Widening -Culvert UT to Lick El Yes 1718 2681 Extension Creek ® No B23(#10)®P [:1 T Sanitary Sewer- UT to Lick El Yes 231 747 Perpendicular Creek ® No 6h. Total buffer impacts 62,174 55,128 Environmental Consultants, 8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phonc (919) 846-5900 • Fax (919) 846-9467 sandcc.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Fendol Farms -Offsite Force Main Easement S&EC Project # 8781 Date: i I s1 1i The Department of the Army U,S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Field Office: VaWWROQUIstl I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S, Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project, NOTICE; This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S8LEC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL. INFQRMATIQN: Parcel Index Number(s) (PIN): Of§ite Farce Main Easement Site Address: City, County, State: Durham, Durham County NC ..••..i •,! •' • Name: RREF-II FH NC Sierra LLC Mailing Address: 790 NW 107th Avenue 4th Floor Miami FL 33172 Telephone Number: 954-766-8378 RREF II -FH NC Sierra, LLC, by RREF II -FH Sierra JV Member, LLC, Its manager, by Rialto Real Estate Investment Fund II, LP, its sole member, by Rialto Partners, GP, II, LLC, its general partner, by Rialto Capital Advisors, LLC, Its attorney In fact, by Aimee Carlson, Authorized Signatory Property Owner (lease print) Date Property Owner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. S& EC NCD►ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, PE Governor Director Bob Zarzecki Soil & Environmental Consultants, PA 11010 Raven Ridge Rd Raleigh, NC 27614 February 27, 2013 John E. Skvarla, III Secretary Subject: Surface Water Determination Letter NBRRO# 12-249 Wake County The Raleigh Regional Office of the NC Division of Water Quality/Surface Water Protection Section conducted a site visit at the subject property and is providing the below -listed determination pursuant to your request for a formal surface water determination: BASIN: ® Neuse (15A NCAC 28.0233) ❑ Tar -Pamlico (15A NCAC 2B.0259) ® Ephemeral/IntermittentlPerennial Determination ❑ Isolated Wetland Determination Project Name: Sierra Tract Durham (Falls Lake) Location/Directions: Subject property is undeveloped tract(s) located north of Leesville Rd and east of Doc Nichols Rd in Durham County. Previous determinations have been made on these properties separately. This determination combines previous determinations with 2012 field evaluations to provide comprehensive determination for entire project. Subject Stream: UT's to Lick Creek Date of Determination: October 10, 2012 and December 19, 2012 Feature E/I/P* Not Subject Subject Start@ Stop@ Stream Form Pts. Soil Survey USGS To o Al I X Flag AI X A2 P X Confluence with D X X B X C X D I X Flag D3 Confluence with A North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Internet mmmwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NoBC Carolina ,vaNAAMy Phone (919) 791-4200 Customer Service FAX (919)571-4718 1-877-623-6748 Sierra Tract Durham Durham County February 27, 2013 Page 2 of 3 �MM�fflm� OO©�OFTIN Mar *HhT = Ephemeral!Intermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected Sierra Tract Durham Durham County February 27, 2013 Page 3 of 3 party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c% Karen Higgins, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh NC 27699-1650. This determination is final and binding unless, as detailed above, you ask for a bearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-544-4884. Respectfully, Martin Ric and Environm tal Specialist cc: RRO/S WP File Copy SIERRA (S&EC 8781) DWQ On-site Stream Determinations October 10, 2012 & December 19, 2012 On October 10, 2012 and December 19, 2012, Mr. Martin Richmond of the N.C. Division of Water Quality (DWQ) conducted on-site stream determinations with Mr. Bob Zarzecl i of Soil & Environmental Consultants, PA (S&EC) at the SIERRA development property. Mr. Richmond's confirmed determinations are provided in Table 1 below and the attached maps. Table 1— DWQ Confirmed Stream Determinations: Label Start USGS Soil Subject to Intermittent Notes* Flao Survey Neuse Buffers or Perennial A Al No* Yes Yes DW *Shown on USGS at determined to confluence with off-site be intermittent stream; DWQ lowered the from flag_Al to origin (flats Al) confluence approximately 10 feet from the original flAglocation with stream Rte" & Iperennial below this I confluence. B A& No No No n/a Ephemeral;, C n/a No No No n/a Ephemeral; D D3 No No No Intermittent Very Short Section before confluence with Feature I I "A" E EI No No No Intermittent Very Short Section before confluence with "F' ; Only "F" shown on Soil Surve F F3 No Yes Yes Intermittent DWO determined that "F" begins at flag Istream "F3" and is ephemeral above this flag. (flags `F1°' and "F2" were removed G n/a No Yes No n/a Ephemeral; H H1 No* Yes Yes DWO Not shown on USGS until determined to below confluence with "A"; be intermittent from flag Hl to confluence with stream 671P & perennial below this confluence. I I l No No No Intermittent Not on Maps; J n/a I No No Ng, n/a E hem • Not on I s 7 so /) 0440 0i 0 rew, -7,� SIERRA (S&EC 8781) DWQ On-site Stream Determinations October 10, 2012 & December 19, 2012 Label Start USGS Soil Subject to Intermittent Notes* Flag Survey Neuse Buffers or Perennial K KI No No No intermittent Not on ; L Ll No Yes Yes Intermittent M M1 No Yes Yes Intermittent N N 1 No Yes Yes Intermittent O - No Yes No n/a DWO determined stream "0" to be cMemeral on and within 50 feet of the property. (flag "02" was remov P Pi No No No Intermittent Not on Maps; Q n/a No Yes Yes Intermittent No flag, begins offproperty at road culvert 1 1 No No No n/a E hem 2 Q2 No No No n/a Ephemeral; R RI No No No Intermittent S St No Yes No n/a; Shown on early 2008 application exhibits, but without buffers; not shown at all on final 2008 application exhibits; DWO determined to be ephemeral with a calculated score of l 8.0 oints T T4 No Yes Yes Intermittent Start Intermittent channel @ "74"; DWO determined all channels above flag "T4" to be ephemeral. flan 12. T3, i & TS were remov TI Tl No No No i &AMittent Intermittent at confluence of two ephemeral channels U U1 No Yes Yes Intermittent V Vl; V2 No No No Intermittent Start at "V2"; marginal up to "V 1 "; Not evaluated by DWO since not on maps; W W1 -W2, Yes Yes* Yes Intermittent Start at "Wl", stop at "W2", W3 -W4 "WI -W2"& restart at 11W3, stop at "W3 -W4" "W4"; NOT subject above "W 1 ", between "W2 -W3", or below(north) of 6'W4" X n/a No Yes No n/a DWO determined to be ephemeral. (flea "XI" was removed) Page2.AfJ. SIERRA (S&EC 8781) DWQ On site Stream Determinations October 10, 2012 & December 19, 2012 Label Start USGS Soil Subject to Intermittent Notes' Flag Survey Neuse Buffers or Perennial Y Yi No Yes Yes Intermittent Z Zl No Yes Yes Intermittent AA AAl No No No Intermittent BB n/a No Yes No n/a Ephemeral, Not si bject, no buffers shown in 2008 a lication CC CCO1 No No No Intermittent Not on DD n/a No No No n/a Not on maps; Thick vegetation w/ marginal channel above wetland to be evaluated by USAGE• HE n/a Yes Yes No Ephemeral Ephemeral; Not su 'ect. FF n/a Yes No Yes Intermittent Pond & Channel (as shown on Determined Subject by sketch map) I DWQ in May 26,2006; 1 however, stream stops at propSqline; GG n/a Yes Yes Yes Intermittent Pond & Channel (as shown on Detewdned Subject by sketch map) DWQ in May 26,2006; however, stream stops at propeMr line HH n/a No Yes No n/a E hemeral; H n/a No Yes No n/a Ephemeral; Determined Not Subject by DWQ in May 26, 2006 Page 3 of 3 tl - Legend � Overall Evaluated A � ■ Internal Property Boundaries . � ^ • 1 � • : ' !'..� :. ,. - / ', a Jurisdictional StartlStop Points Irrtemv'ttent Stream (No Butter, not 1 �'.} �;s✓`%;! on maps) l• ` ��• J . �. Perennial Stream (Buffered) Intermittent Stream (Buffered) Pond _; i :`•. �°'' y.}J' _ 1' '\t Jurisdictional Wetland Boundary -.3 „ �' ' t r. ° i /— WFoot Buffers �;F 4trc i^ . I: :I. r a,r• 1 Minor Contour (2 -Foot) Ma)or Contour (10 -Foot) 1 \, • :r, r �, ar �� , Stream and wetland Evaluatlon performed 0 by SUC between 712512012 and 7131=2. �,T• 4 4' .. i , , Jurisdictional stat and stop Pants snd a. setested rtland flaps vAm OP34aceted � �t� • �. `� ���. � � � � a !or re�ferenee In creating this sketch map. .1�;' . -� • i <'"" ' t i'; ' "?"�,'� �r This Is not asurn7.All streamsend ' .` ( •, .�;.,' i.✓-.. 1 buffers hada been verified by NCd7Wf3 .y ; . i . i �% .:: ' `t : ,' " r IJ e (Wetlands have bean verified b the �' ) • , • (, USACE axcaptiaturesv72nd EE.sh I. } l %•��.� �. r3 J. a 1�.✓: j :'i '"+'\i.•�..-%' `4 .,../` •r••.. +;+ r- _ Ard 39d •tip •�~�� ^"+ ,� l � ! Y.>.•"`'�� 1J �'l� �\�:i :�;'�;i'•': ; �l.T-^7. ``~ +� J. Wv •���"�•`�'ttYi' :`'•� - .-.� ���~``�_� � � •'t •,�s .�'•+ tit��"'`...lti '� ,frJ'^.-� .r. `/. 1�11f1��` j'�Jr ,��i 1.1�'Ati�:� ~• �•. ~M''..•. ., '\•,t _�•a i ••(t...r•. "•�.• ,i. -i' . i .rr ilii. -\� � ,�. �r! ,: ' y�'�a.`���i'�%~"... 1 ,.lf � jJ � l i ..-,.fi'- ... F;�•�.:-, �+�-' �t _ ' `1 • � �::'�``S!s �i',. � �' r?ir �r!�..::a /! •::Y .i�.�µ " ��.. J. ..f ..j 'il f°y },VN•.'�°� .L }� t•r i•� t.:.'+•'•'+�•: 1 )i.J. �I 11/:r��..l�'�'• a�,':+11'�t� -- '~;J•1t/i�i€"r.�•_ .�{!.' y��•r: 's,\°'�`•'! jli���,;;�.lrf.�'....,,��:• j1 tSa, `.`� rye•• ,�j �t .V:: /. i_l -`v_f �^Y,Y$�'" ��.(• 4' .+c ���'i ��y ��'.:� ~-'••II �I�I.F .�� J �.� r`'^ a� Y �,'' �''' jJ', •` � '•t �.f `i�: ! �ifuij, 1 vga•• , �._' .1 f j.. t zti`.. L~i :t i %� 7,'-\ L \!�. / %� 1, r- a r` .IC •..'r`jl.,i} 1� t� �/ter: •t `t ,J„�':ri;• � WO (7 crate' l�aamu `.s �; r� �..-....i :r;i �` ..{ .� •/�.. '�-�-� f �: rte' %� .1 .' �• ' 1./� ' ''� A' Wct No. DWO On-5tte Determmatrn 8781.W 16 Map 12/20/2012 NJIS-d -Mgr.: 51crra Tract Sou & FhAronmental Consultants, PA 82 Durham County, NC 11010 Raven Rd• Rdalgh, NC MU t (519)14f*'M - (9t9) 848, W Scale: Wits Page; trwrr.S.7dM ocm I ° — 600' 24** Top"now Co!'s from NC= 6.'9 12!20/12 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2013-01687 County: Durham U.S.G.S. Quad: NC -SOUTHEAST DURHAM GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: RREF II -FH Sierra, LLC Aimee Carlson Address: 2840 Plaza Place, Suite 360 Raleigh, NC, 27612 Telephone Number: 919.870.9711 Size (acres) 184 Nearest Town Durham Nearest Waterway UT Lick Creek River Basin Upper Neuse. North Carolina. USGS HUC 03020201 Coordinates Latitude: 35.9508. -Longitude: -78.7875 Location description: Phase 1 - avvrox. 184 acre gortion of approximately 419 acres on the east side of Doc Nichols Road north of Leesville Road, southeast of Durham, NC Description of projects area and activity: Laurel Grove (formerly Sierra), Phase 1 Residential development impacting 874 linear feet of stream for road crossings and sanitary sewer line crossings. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED NWP GENERAL, REGIONAL AND SPECL4L 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 June 4, 2015. 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. SPECIAL CONDITIONS: 1) The permittee shall abide by all stipulations identified in the Memorandum of Agreement between the United States Army Corps of Engineers and the North Carolina State Historic Preservation Officer, executed January 6, 2014, copy attached. 2) 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. 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. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Eric Alsmever at 919-554-4884 x23 or Eric.C.Alsmeyerna,usace.army.mil. Regulatory Official: t . . rat Corps g ry Digitally signed by ALSMEYER.ERIC.C.1087624486 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,cn=ALSMEYER.ERIC.C.1087624486 Date: 2015.07.061454:28 -04'00' Date: 7/6/2015 Expiration 03/18/2017 Action Id. SAW -2013-01687 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. Z The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 02/20/2014. Action ID: Action Id. SAW -2013-01687. 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 online at blt2;lZregglgtory.usacesurygyADml. Copy furnished (with enclosures): Agent: Soil and Environmental Consultants, Inc. Deborah Shirley 8412 Falls of Neuse Road, Suite 104 Raleigh. NC 27615 919.846.5900 { NCDENR JON 2"q'zoi5 North Carolina Department of Environment and Natural Resourc f�r sal a r:M=e,;j C.cre�,'tzr!b. pa Pat McCrory Donald R. van der Vaart Governor Secretary June 25, 2015 DWR # 07-2022 v4 Durham County RREF II -FH Sierra LLC Attn: Aimee Carlson 2840 Plaza Place, Ste. 360 Raleigh, NC 27612 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 028.0233) WITH ADDITIONAL CONDITIONS Laurel Grove Phase 1(F/k/a Sierra Phase 1) Dear Ms. Carlson: You have our approval for the impacts listed below for the purpose described in your application dated June 4, 2015 and received by the Division of Water Resources (Division) on June 4, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse Riparian Buffer Rules dated lune 2S, 2015 replace the WQC and Authorization Certificate dated February 20, 2014. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. j15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Di%i+ion of Water Resource,, Raleigh Regional Office, Water Qualit% Operations Section Nip J,'pona1.ncdi:nr.orgAVcbhVq`aps 1628 Mail Service Center, Raleigh, NC 2 7699-1 628 Phone: (919) 7914200 Location: 3800 Barrett Drive. Raleigh, NC 27609 rax: (919) 788-7159 An Equal Opporlunity l Ahirmative Action Employer —Male In par; by recyc,ed parer Laurel Grove Phase 1 OWR# 07-2022 v4 401 AND BUFFER APPROVAL Page 2 of 8 Type of Impact 1 J Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 0 (linear feet) 31 (linear feet) Sewer (#1) Stream 0 (linear feet) 46 (linear feet) Sewer (#3A) Stream0 (linear feet) 59 (linear feet) Sewer (#36) ^�- Stream 0 linear feet) 32 (linear feet) Sewer (#4) Stream 137 {linear feet) 10 linear feet Road Crossing{#5 Stream 0 (linear feet) 41 linear feet Sewer (#6) Stream 262 (linear feet) 0 (linear feet) Road Crossin #7) Stream 2.1 linear feet) �a 0 (linear feet Fill/Diversion #7 Stream115 (linear feet 0 (linear feet . #8) Road Crossing Stream 30 (linear feet _ 0 linear feet Road Crossing {#9 Buffers —Zone 1 9,131 (square feet) 0 s uare feet) #1 Sewer - Parallel(#I) _ Buffers — Zone 2 ' 11,294 (square feet) 0 (s uare feet Sewer -- Parallel #1) Buffers — Zone 1 1,888 (square feet) _ 0 (square feet) Sewer Perpendicular (#1) --�--..._ Buffers —Zone 2 1,383 (square feet) 0 (square feet) Sewer — Perpendicular (#1) Buffers —Zone 1 471 (square feet) _ 0 (square feet) Trail (#1) Buffers —Zone 2 0 (square feet) 0 (square feet) Trail (#1) Buffers —Zone 1 1,007 (square feet) 0 (square feet) Bypass Channel (#2) Buffers — Zone' 897 (square feet} 0 (square feet) Laurel Grove Phase 1 DWR# 07-2022 v4 401 AND BUFFER APPROVAL Page 3 of 8 Bypass Channel (#2) Buffers —Zone 1 0 (square feet) 0 (square Trail (#2) Buffers — Zone 2 1,860 (square feet) 0 (square Trail (#2) Buffers —Zone 1 0 (square feet) 0 (square Sewer — Parallel (#3A) Buffers—Zone 2 1,137 (square feet) 0 (square Sewer— Parallel (#3A) Buffers — Zone 1 1,830 (square feet) 0 (square Sewer — Perpendicular (#3A) Buffers —Zone 2 899 (square feet) 0 (squares Sewer — Perpendicular (#3A) Buffers — Zone 1 557 (square feet) 0 (square i Bridge & Trail (#3A) Suffers—Zone 2 462 (square feet) 0 (square f Bridge & Trail (#3A) Buffers —Zone 1 6,364 (square feet) 0 (square f Sewer — Parallel (#38) Buffers — Zone 2 6,483 (square feet) 0 (square f Sewer —Parallel (#313) Buffers — Zone 1 3,993 (square feet) 0 (square fi Sewer — Perpendicular (#3B) Buffers — Zane 2 533 (square feet) 0 (square fE Sewer — Perpendicular (#38) Buffers — Zone 1 0 (square feet) 0 (square fe Trail (#38) Buffers — Zone 2 408 (square feet) 0 (square fe Trail (#3B) Buffers — Zone 1 6,525 (square feet) 0 (square fe Sewer — Parallel (#4) Buffers — Zone 2 7,101 (square feet) f 0 (square fe Sewer— Parallel (#4) Buffers —Zone 1 1,916 (square feet) 0 (square fel Sewer — Perpendicular (#4) Buffers — Zone 2 851 (square feet) 0 (sauare fel Laurel Grove Phase 1 DWR# 07-2022 v4 401 AND BUFFER APPROVAL Page 4 of 8 Sewer - Perpendicular (#4) Buffers -Zone 1 360 (square feet) 0 (square feet) Bridge and Trail (#4) Buffers - Zone 2 16 (square feet) 0 (square feet) Bridge and Trail (#4) Buffers -Zone 1 8,595 (square feet) 0 (square feet) _ Road Crossing (#5) Buffers -Zone 2 6,280 (square feet) 0 (square feet) Road Crossing (#5) �I Buffers -Zone 1 92 (square feet) 0 (square feet) Sewer - Parallel (#6) Buffers - Zone 2 793 (square feet) 0 (square feet) Sewer - Parallel (#6 Buffers -Zone 1 2,246 (square feet) 0 (square feet) Sewer - _ Perpendicular (#6) Buffers - Zone 2 1,416 (square feet) 0 (square feet) Sewer - Perpendicular #6 Buffers -zone 1 364 (Lquare feet -a---- 0 (square feet).__e� Trail #6) r � Buffers - Zone 2 11 (square feet _ 0 (square feet)_ Trail 0) - -- - Buffers - Zone 1 267 s uare feet _ 0 s uare feet) Bypass Channel 06) Buffers - Zone 2 0 (square feet) --- 0 (square feet) Bypass Channel (#6) Buffers - Zone 1 7,849 (square feet) -- - 0 s uare feet) Road Crossing (0) Buffers -Zone 2 5,290 (square feet) 0 (square feet) _ Road Crossing (#7) Buffers -Zone 1 6,790 (square feet) 0 (square feet) Road Crossing 08) Buffers -Zone 2 4,586 (square feet) 0 (square feet) Road Crossing (#8) Buffers - Zone 1 1,718 (square feet) 0 (square feet) Road Widening (#9) _ Buffers - Zone 2 2,681 (square feet) 0 (square feet) Road Widening (#9) Buffers - Zone 1 231 (square feet) 0 (square feet) Laurel Grove Phase 1 DWR# 07-2022 v4 401 AND BUFFER APPROVAL. Page 5 of 8 Sewer — Compensatory Mitigation Required Perpendicular (#10) Stream Buffers — Zone 2 747 (square feet) 0 (square feet) Sewer — 292 feet previously paid with Perpendicular 010) 2. Mitigation Using Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division understands that 292 feet of stream credits have been previously paid (receipt dated December 1, 2014). The Division has received an acceptance letter from the EBX- Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX --EM sponsored Forrest Creek Mitigation Bank to meet the mitigation requirement for 273 feet of additional stream credits needed for this project. In addition, the Division has received an acceptance letter from EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX-EM Forrest Creek Riparian Buffer Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank to meet the mitigation requirement for riparian buffers. Until EBX 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 EBX to meet the following compensatory mitigation requirement (15A NCAC 02H.0506 (b)(6)1: 3. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the City of Durham's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Durham. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)j Compensatory Mitigation Required River and Sub - basin Number Stream 565 (feet) Neuse 03020201 292 feet previously paid with 273 feet remaining to be paid Riparian 133,023 (square feet) Neuse 03020201 Buffer 3. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the City of Durham's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Durham. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)j Laurel Grove Phase 1 DWR# 07-2022 v4 401 AND BUFFER APPROVAL Page b of 8 4. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. (15A NCAC 02H .0506(b)(5)) S. No Waste, Spoil. Solids. or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted In the Are -Construction Notification. Ail construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. (15A NCAC 02H .0501 and .0502) 6. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to Infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H.0500. [ISA NCAC 02H.0506 (b)(2) and (c)(2) and ISA NCAC 02H .0507 (c)) 7. This approval is for the purpose and design described In your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 115A NCAC 02B .0507(d)(2)) S. This approval and its conditions are final and binding unless contested. [G.S.143-215.5) This Certification and Buffer Authorization can be contested as provided In Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httg://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding Official state holidays). Laurel Grove Phase 1 DWRt# 07-2022 v4 401 AND BUFFER APPROVAL Page 7 of 8 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in ISA NCAC 02B.0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.eov if you have any questions or concerns. Sincerely, Z)a *441 Danny Sm th Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 Laurel Grove Phase 1 DWRf# 07-2022 v4 401 AND BUFFER APPROVAL Page 8 of 8 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste. 104; Raleigh, NC 27615 DWR RRO 401/Buffer file fires Mitigation Credit Transfer Certificate Prepared by EBX-NE USE 1, LLC August 4, 2015 Ms. Aimee Carlson RREF II -FH NC Sierra 2840 Plaza Place, Suite 360 Raleigh, NC 27612 Buffalo Branch Bank Parcel ID: DWR Project # 2014-0704v2 Riparian Buffer Credits Purchased: 123,843.60 (ft2) Arrington Bridge Phase I Bank Parcel ID: DWR Project #2008-1473v4 Riparian Buffer Credits Purchased: 9,179.40 8 digit-HUC — 03020201 Neuse River Basin Project Name: Laurel Grove Phase I (DWR Project #07-2022 v4) You have elected to fulfill your permitted buffer mitigation requirements for the Laurel Grove Phase I project by paying into the Neuse Riparian Buffer and Nutrient Bank (Buffalo Branch and Arrington Bridge I Sites). The Bank has received full payment for buffer mitigation for the above referenced project. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project #2007-2022 v4 and is 133,023.00 ft2. You must also comply with any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions or need additional information, please contact Cara Conder at 919-209-1052 or cconder@res.us. Sincerely, Cara S. Conder Credit Sales Coordinator Resource Environmental Solutions, LLC cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator DWR — Danny Smith S&EC — Deborah Shirley Resource Environmental Solutions, LLC . 302 Jefferson Street, Suite 110 . Raleigh, NC 27605 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibilily Transfer Form Permittee: RREF II -FH Sierra, LLC Project Name: Laurel Grove -Phase I (formally Sierra) Action ID: SAW- 2013-01687 County: Durham 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), formerly NCEEP, 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: 03020201 Neuse River Basin , Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine I Riparian Non-Riverine Non -Riparian Coastal 136 272 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: 0:1020201 Neuse River Ravin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 272 Mitigation Site Debited:_ EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX-EM s onsored Forrest Creek 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: F 9 )(- Name of Sponsor's Signature of • r Representative: , VW coil t l' ' Authorized bars k - Ut �ILII�S Date of Signature Page 1 of 2 Form Updated 12 September, 2014 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. NCOOT remains fully responsible for the mitigation until the USACE has received this form, conflrming 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, hlgher 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/Additlonal 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 Permitter, 2) the USACE Project Manager at the address below, and 3j the Wilmington District Mitigation Offlce, Attn: Todd Tugwell, 11405 Falls of Meuse Roast Wake Forest! NC 27587 (email: todd.tugwellVusace.o mllj, Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below, USACE Project Manager: Eric Alsmeyer USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: eric.c.alsmeyer@usace.army.mil Digitally signed by ALSMEGovernment, o =DoD87624486 DN: c=U5, o.US. Government, ou=DoD, ou=P10, ou=USA, cn=ALSMEYER.ERiCC.1087624486 Date: 2015,07.0215A0:18 04'00' USACE Project Manager Signature July 2, 2015 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.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 Customer Satisfaction Survey located at our website at htto://reaulatorv.usacesurvey.com/ to complete the survey online. WaterResources ENVIRONMENTAL QUALITY September 14, 2017 RREF 11 -FH NC Sierra, LLC Attn: Aimee Carlson 790 NW 107th Avenue, 41h Floor Miami FL 33172 ROY COOPER Govenror MICHAEL S. REGAN Se -d -Y S. JAY ZIMMERMAN Director DWR #07-2022 v5 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Fendol Farms -Offsite Force Main (formerly known as Laurel Grove -Phase 1 and Sierra -Phase 1) Dear Ms. Carlson: You have our approval for the impacts listed below for the purpose described in your application dated August 8, 2017 and received by the Division of Water Resources (Division) on August 8, 2017. These impacts are covered by the attached Water Quality General Certification Number 4086 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification 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 Wetland W1 -Force Main -Open Cut/Excavation 0 (acres) 0.04 (acres) Stream S1 -Force Main -Open Cut/Excavation 0 (linear feet) 18 (linear feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.orghveb/wqlaps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (Of 9) 7914200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Fendol Farms -Offsite Force Main DWR #07-2022 v5 401 APPROVAL Page 2 of 4 2. No Waste, Spoil. Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 3. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: !f sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Fendol Farms -Offsite Force Main DWR t#07-2022 v5 401 APPROVAL Page 3 of 4 if sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DWR-401 & Suffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR -- 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Stephanie Goss at 919-791-4256 or stenhanie.eossPncdenr.eov if you have any questions or concerns. S' ce ly, 17 Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 4086 Fendol Farms -Offsite Force Main DWR #07-2022 v5 401APPROVAL Page 4 of 4 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Deborah Shirley at dshirlev@sandec.com Project: 1811102 Fendol Farms Request for Information # 18 Designation of Owner/Owner's Authorized Representative To: Aimee Carlson Rialto Capital Advisors, LLC 790 NW 107th Ave., Suite 400 Miami, FL 33172 Cc: Jon Moore McAdams Michael Brown FSC Brooks Pierce FSC Jackie Williams FSC Dylan Boyd FSC Phillip Bunn FSC Joe Polanski FSC RFI# 18 Date: 7/27/2017 Subject: Request for Temporary Construction Easements on the Sanitary Sewer Outfall Level of Importance: HIGH Desired Answer Date: 8/3/2017 Number of Days 7.00 Drawing Number: Laurel Grove Plan and Profile Sheet PR -34 Spec Section: See Contract Cost Impact: TBD Schedule Impact: Completion of the Sanitary Sewer Outfall per schedule The areas highlighted on the attached plan sheet and listed below were inspected by the FSC Safety Director, Commercial Division Manager, and the Utility Manager on Tuesday July, 2S. The two areas of the outfall line are located at approximately station 14+00 - 16+25 and 18+25 - 19+7S. In these areas, we determined the conditions are unsafe to install the sanitary sewer line according to standard construction methods. The topography along the center of the pipeline, in both areas, is a sheer slope adjacent to the stream bed, causing that side of the easement to be "hanging in the air". The remedy is to excavate the easement to a depth that will provide a safe work platform. Establishing the work platform in turn affects the required sloping on the up side of the trench . The safety requirements established by OSHA, require the slope above the trench box meet a 1 1/2'to 1'. The existing 30' easement does not provide enough space for this work to be accomplished. Additionally, the soils just above the LOD are unstable with 6-8 trees ranging from 6" to 18" diameter spaced along the LOD. The roots are cut back to the trunk as a result of the required excavation and are unstable. This is also a safety concern as the excavation continues. FSC is requesting that a 20' temporary construction easement be allowed in the two areas in order to provide the proper slope layback to establish a safe work area. Questions: Requested By: J. Williams Fi r"kik, � �B 8105 Chapel HI Road Raleigh, NC 27807 July 27, 2017 Attention: Aimee Carlson, Rialto Capital Advisors, LLC From: J. Williams Subject: FSC Project: 1811102 Backup for Fendol Farm RFI # 18, request for temporary construction easement on the sanitary sewer outfall line Typical Section Sta.'14+00 —16+25 and 18+25 —19+75 1 4 ! �D I R A-eA I l �-' Ax I �Ay'°u'rz So: 00 Sm` j t w8tik P/ r , S S?�.e•s m ice ---a o' .�., , d ► ____� �-� o K---301 't ores EBX Buffer Mitigation Banks Statement of Availability December 5, 2017 NC Division of `Vater Resources Stephanie Goss 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Fendol Farms — Phase 1(previously known as Laurel Grove Phase 1 and Sierra Phase 1) This document confirms that RREF-II FH NC Sierra LLC (Applicant) for the Fendol Farms — Phase 1 (Project) has expressed an interest to utilize 19,248 Square Feet of Riparian Buffer Mitigation Credits from the EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank. The specific bank site to be debited will be either be Cedar Grove, Hatley, or Ezell, all located in RUC 03020201 and in the Falls Lake watershed. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1052 or cconderna ex s,us if you have any questions or need additional information. Best Regards, Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Bank Sponsor — Environmental Banc & Exchange (EBX) WAS nNA ERROR ydiWRO � (m, m al N�"6iir N O®RIP11 KIM 70 IRS ORW nit-MIMI g, a ✓ r = \\%PEDESTRIAN RIDGE 1 mA 'MOrA\1 APNT STREAM IMPACT PLAN VIEW - IMPACT AREA 3 SCALE: 1 "a50' 'o� jr— CHANGES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. CARO ��� OF,••F SSS 2 r O 2 ••_ z' :_ 0+00 0+94 PROFILE VIEW - TEMPORARY STREAM IMPACT 3A SCALE: 1"=40' H 1 "=4' V 350 III - Existing Grade _ - - - — - 350 \ / 0 Z o Ln 2 4T SI i ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) TEMPORARY STREAM IMPACT IMPACT AREA 3A 6,364 - PARALLEL UTILITY 1,137 - PARALLEL UTILITY 425 SF 1,810 - PERPENDICULAR 899 - PERPENDICULAR 46 LF �rj 557 - PEDESTRIAN BRIDGE 462 - PEDESTRIAN TRAIL 350 III - Existing Grade _ - - - — - 350 \ / 0 Z o Ln 2 4T SI i ••0+00 1 +00 1 +17 104 '••. ►NE.• JPRILE VIEW TEMPORARY STREAM IMPACT 3B•...... c. 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W U' S Z L16a W L I. W � mix g^ rre,aa•m` w urewowcirA mC une e a na ,nw ro be re-ea•cee a, mpnl wbgea �n perl wnM1Wl ebe pn tlwmien "rwl„bn el ue unec•m NC LICENSER C-2745 20152 ! .10 W-9 ZUa USP 0 o>�t Z"6 W Lv J z 0 �7 W mm W z W z ^ ; WA 1•=50' MAY 20, 2015 r� BSR BSR vu 1109.001 ,,,Ee,M1,w,n•. BE -5 -EONSTRU0ION ',' Kzzz PLAN VIEW - IMPACT AREA SCALE: 1 "=50' N 1 11 ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT IMPACT AREA 5 8,595 - ROADWAY 6,280 - ROADWAY 981 SF ZONE 2 — PARALLEL 137 LF 1 11 PROFILE VIEW - IMPACT AREA 5 CULVERT CROSSING SCALE: 1 "=50' H 1 "=5' V 400 390 380 370 I'! nIT QLe AMENDMENT LEGEND 390 2,707 SF ZONE 1 BUFFER ZONE 2 BUFFER 380 370 380 CHANCES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. CAROZ 9 SEAL i 33 8 C. 1188111 uN%` APPROVED IMPACT LEGEND PRQPGSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT CONSTRUCTION STREAM IMPACT IMPACT AREA 5 92 SF 10 LF PROFILE VIEW - IMPACT AREA 5 CULVERT CROSSING SCALE: 1 "=50' H 1 "=5' V 400 390 380 370 I'! nIT QLe AMENDMENT LEGEND 390 2,707 SF ZONE 1 BUFFER ZONE 2 BUFFER 380 370 380 CHANCES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. CAROZ 9 SEAL i 33 8 C. 1188111 uN%` APPROVED IMPACT LEGEND PRQPGSED LEGEND PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT I— W V N 2 0" m ME GC W lx g O LLu Q LL W MA a mQ gym N D inn d,o q n ahu d,od.dr of Edunc and C- andn nnl Io W 1.11a 1.d "p.w. o,-wn wen-. iM.�^r-wd wn�wn pe.-nwon d ftlnns aunt u,J NC LICENSER C-2745 ,r �••-t s. t'AE{1Nf1aAPY HVT 10. 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SEAL 33 \ '•••... N .•••'' $ 1, oil 1101t APPROVED IMPACT LEGEND -PROPOSED KG�� PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM .—PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR + + ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER I- 7.0 zo Iii. mad Wads IY W 0 no_ � Q N W IL W W Mag mQ g iMa Wa,rM/n 1ne propenypel! 0 V M Corp ark o nol W be nprodurea wroped m Nrol• s m part wllMwr tw.,.n.•ninaMrr.,,.w a +u�r imrtaop. NC LICENSE# C•2745 0 ILW N -N Z C7a =1 VoltWold >"_€ Q� W � t V W Z�3 N Ld m W Ld W �Z3 .ca Z `.' W 1^=5a MAY 20, 2015 acssn meet niece BSR BSR JBE 1109X001 BE -9R ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT IMPACT AREA 8 6,790 -ROADWAY 4,586 - ROADWAY 360 SF 115 LF 390 380 370 360 350 cr, PROFILE VIEW - IMPACT AREA 8 CULVERT CROSSING SCALE: 1"=40' H 1"=4' V 390 AMENDMENT LEGEND 380 1,364 SF ZONE 1 BUFFER 865 SF ZONE 2 BUFFER 370 360 350 00 17 Lo M CHANGES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. ` Y, CARO '•. SEAL 33 \ '•••... N .•••'' $ 1, oil 1101t APPROVED IMPACT LEGEND -PROPOSED KG�� PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT RESTORED STREAM .—PERMANENT FILL/ DIVERTED STREAM ZONE 1 — PARALLEL ZONE 2 — PARALLEL ZONE 1 — PERPENDICULAR + + ZONE 2 — PERPENDICULAR ZONE 1 — BUFFER ZONE 2 — BUFFER I- 7.0 zo Iii. mad Wads IY W 0 no_ � Q N W IL W W Mag mQ g iMa Wa,rM/n 1ne propenypel! 0 V M Corp ark o nol W be nprodurea wroped m Nrol• s m part wllMwr tw.,.n.•ninaMrr.,,.w a +u�r imrtaop. NC LICENSE# C•2745 0 ILW N -N Z C7a =1 VoltWold >"_€ Q� W � t V W Z�3 N Ld m W Ld W �Z3 .ca Z `.' W 1^=5a MAY 20, 2015 acssn meet niece BSR BSR JBE 1109X001 BE -9R PLAN VIEW - IMPACT AREA 9 SCALE: 1"-50' „4., .r— PLAN VIEW . IMPACT AREA 10 SCALE: 1"=50' ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) IMPACT AREA 10 231 - PERPENDICULAR 747 - PERPENDICULAR AMENDMENT LEGEND 229 SF ZONE 1 BUFFER 1�F ZONE 2 BUFFER CHANGES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. �N CARO4'��.,� �. �oF,�FESSiO •.'7 L �s • Q- ti9 SEAL i • 3r • 01-11 c 110111 I I � GINE APPROVED IMPACT LEGEND PROPOSED LEGEND W a uQN = 3 am d o W 0 WW 09 l7 y z U. a �W WW W W �o mo arawm. n .pa atlpeny a t.em une cap ana n rot ip he repwJuceJ tlpkJ m wh9N •t k pan wnh•tlt the.+pnaua wMlen permtapn W [Jtlna lantl Carp ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) PERMANENT STREAM IMPACT IMPACT AREA 9 1,718 - ROADWAY 2,681- ROADWAY 90 SF TEMPORARY STREAM IMPACT 30 LF PLAN VIEW . IMPACT AREA 10 SCALE: 1"=50' ZONE 1 IMPACT (SF) ZONE 2 IMPACT (SF) IMPACT AREA 10 231 - PERPENDICULAR 747 - PERPENDICULAR AMENDMENT LEGEND 229 SF ZONE 1 BUFFER 1�F ZONE 2 BUFFER CHANGES HERE ARE ONLY PERTAINING TO THE CLOUDED AREAS, NO OTHER MODIFICATION TO THE PLANS HAVE BEEN MADE. �N CARO4'��.,� �. �oF,�FESSiO •.'7 L �s • Q- ti9 SEAL i • 3r • 01-11 c 110111 I I � GINE APPROVED IMPACT LEGEND PROPOSED LEGEND W a uQN = 3 am d o W 0 WW 09 l7 y z U. a �W WW W W �o mo arawm. n .pa atlpeny a t.em une cap ana n rot ip he repwJuceJ tlpkJ m wh9N •t k pan wnh•tlt the.+pnaua wMlen permtapn W [Jtlna lantl Carp lam ZONE 2 —PERPENDICULAR a� MAY 20, 2015 ZONE 1 — BUFFER BSR 1 0" ZONE 2 — BUFFER 1109-001 BE -10 -PERMANENT STREAM IMPACT TEMPORARY STREAM IMPACT O a� RESTORED STREAM 0 W V w PERMANENT FILL/ Q Z o W s DIVERTED STREAM Q W JZ o� ZONE 1 — PARALLEL W y IA ..- ZONE 2 - PARALLEL Z s3 ZONE 1 — PERPENDICULAR 2 lam ZONE 2 —PERPENDICULAR a� MAY 20, 2015 ZONE 1 — BUFFER BSR 1 0" ZONE 2 — BUFFER 1109-001 BE -10