HomeMy WebLinkAbout20072022 Ver 8_Updated PCN Application and RMI_20190417Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#* Version* 8
20072022
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Stephanie Goss: eads\szgoss
Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200
Submittal Type:*
Application Attachments
Does this project require a request for payment to be sent?*
r
Yes
r
No
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Project Contact Information
Name: Deborah Shirley
Who is subrritting the information?
Email Address: dshirley@sandec.com
Project Information
Existing ID #: Existing Version:
20072022 8
20170001 (no dashes)
Project Name: Fendol Farms
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Durham
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
Updated PCN Application and RMI_Fendol
12.77MB
Farms_04-17-19.pdf
Only pdf or Igre files are accepted.
Describe the attachments:
Updated PCN, updated Overall Impact Area Exhibit, updated Impact Area #14 exhibit, mitigation receipts
V By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act)
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature:
Submittal Date: April 17, 2019
Is filled in autor atically.
•
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467
sandec.com
April 17, 2019
S&EC Project #8781.W53
To: US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Unit
Attn: Ross Sullivan Attn- Karen Higgins
3331 Heritage Trade Drive, Ste. 105 512 N. Salisbury Street (91h floor)
Wake Forest, NC 27587 Raleigh, NC 27603
Re: REQUEST FOR MORE INFORMATION
Fendol Farms (formally Sierra -Phase I, Laurel Grove -Phase I, Fendol Farms -Phase 1)
AID# SAW -2013-01687; DWR Project #07-2022
Durham, Durham County, NC
On behalf of the owner, RREF-II FH NC Sierra, LLC (Attn-. Aimee Carlson) please find attached an updated
Pre -Construction Notification application, updated Overall Impact Area Exhibit, Impact Exhibit Area #14, and
stream mitigation receipts requesting written concurrence from the U.S. Army Corps of Engineers (USACE)
and the N.C. Division of Water Resources (NCDWR) that the activities proposed below may proceed under
Nationwide Permit 18 & 29, General Water Quality Certification 4139 and the Neuse River Buffer Rules.
The purpose for this new information is because it was discovered during construction activities that the
Impact Area #14, which previously requested riparian buffer impacts only, also included a jurisdictional,
intermittent, non -buffered stream. An additional 46 linear feet of intermittent permanent stream impact is
included within this updated application, and 615 ft2 less riparian buffer impacts.
UPDATED IMPACT SUMMARY
Stream Impact (acres):
0.12
Wetland Impact (acres):
0
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.12
Total Stream Impact (linear feet):
1,074
(Permanent = 600 LF, Temporary = 474 LF;
Relocated = 100 LF
Total Riparian Buffer Impacts (sq. ft.):
Zone 1: 77,545; Zone 2: 74,148
Please contact me at (919) 846-5900 if you have any questions or would like additional information.
Sincerely,
SJL&VIRONMENTAL CONSULTANTS, PA
U
Deborah E. Shirley
Project Manager, Regulatory Specialist
Attachments:
Pre -construction Notification Application Form
NCEEP Receipt-EEP#21193
RES Mitigation Credit Transfer Certificate
Compensatory Mitigation Responsibility Transfer Form-EBX
Overall Impact Area Exhibit -E-1
Impact Exhibit Area 14
\o�0F W Abua)
TF9pG
1 >_
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 16
PCN Form —Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 & 29 or General Permit (GP) number: N/A
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Fendol Farms (formally known as Sierra -Phase 1, Laurel Grove -Phase 1 & Fendol
Farms -Phase 1)
2b.
County:
Durham
2c.
Nearest municipality / town:
Durham
2d.
Subdivision name:
Fendol Farms
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
RREF-11 FH NC Sierra, LLC
3b.
Deed Book and Page No.
DB. 7763; DP: 827
3c.
Responsible Party (for LLC if
applicable):
Aimee Carlson
3d.
Street address:
790 NW 10711 Ave., 411 Floor
3e.
City, state, zip:
Miami, FL 33172
3f.
Telephone no.:
305-485-2077
3g.
Fax no.:
N/A
3h.
Email address:
aimee.carlson(a)rialtocapital.com
Page 1 of 16
PCN Form —Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner-please send correspondence to both Owner
and Agent
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Deborah Edwards Shirley
5b.
Business name
(if applicable):
Soil & Environmental Consultants, PA
5c.
Street address:
8412 Falls of Neuse, Ste. 104
5d.
City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-846-5900
5f.
Fax no.:
919-846-9467
5g.
Email address:
DShirley@SandEC.com
Page 2 of 16
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Parcel ID: 0860-03-20-2929, 0860-03-10-1696, 0769-
01-29-2724, 0769-01-38-0525, 0769-01-39-6761
1b. Site coordinates (in decimal degrees): IMPACT AREA #7
Latitude: 35.9505 Longitude: - 78.7911
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
± 184 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Lick Creek; 27-11-(0.5)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -IV; NSW
2c. River basin:
Neuse 03-04-02; 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 the site being cleared and graded. The site is currently undergoing
construction activities. To date, the culvert extension (i.e. Impacts Area #9) is complete and four (4) of the five (5) utility
crossings have been constructed (i.e. Impact Area #'s 1B, 3F, 4C, & 6B). Additionally, Impact #14 is complete. The
general land use in the vicinity of the project is rural residential.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no jurisdictional wetlands that exist within this project area (per the approved JD).
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 11, 395 linear feet of streams exist within this project area.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide access and utilities to the property that is bisected by stream features to
construct a Residential Development.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of the construction of a Residential Development, including but not limited to roads,
utilities, stormwater devices, residential structures and associated facilities. Specifically, there are three (3) road
crossings, one (1) culvert extension associated with Doc Nichols road widening/turn lane, in addition to five (5)
planned sanitary sewer crossings and BMP bypass channels for stormwater devices. Equipment to be used will
include excavators, bull dozers and other typical equipment used for land clearing, construction and excavating.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes [:1 No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ® Final
Comments: AID# SAW -2013-01687
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Soil & Environmental
Name (if known): Steven Ball & Bob Zarzecki
Consultants, PA Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE-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).
Page 3 of 16
PCN Form — Version 1.3 December 10, 2008 Version
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 in detail according to "help file" instructions.
Most recently, a PCN Application was submitted on February 23, 2018 by Soil & Environmental Consultants, PA (S&EC).
The main purpose was to request a reauthorization of the permit verification & Approvals because the Nationwide Permit
Verification one-year extension was about to end on March 18, 2018. A 401 Water Quality Certification and Neuse Buffer
Authorization Approval were issued on April 11, 2018 (DWQ Project #07-2022, Ver 7 -attached), and a 404 Nationwide
Permit Verification was also issued on April 20, 2018 (AID # SAW -2013 -01687 -attached).
Previous to the above: A PCN Application was submitted on June 4, 2015 by S&EC. A 401 Water Quality Certification
and Neuse Buffer Authorization Approval were issued (DWQ Project #07-2022, Ver.4) on June 25, 2015 for 784 linear
feet of stream impacts and 62,174 ft2 of Zone 1 & 55,1282 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit
Verification was also issued (AID # SAW -2013-01687) on July 6, 2015 for 874 linear feet of stream for road crossings and
sanitary sewer line crossings. Additionally, in August 2017 a PCN Application was submitted for an offsite Force Main.
An email was provided by the USACE verifying that these impacts did not require notification, and a 401 Water Quality
Certification Approval was issued for 0.4 acres of temporary wetland impact and 18 linear feet of temporary stream
impact (DWR #07-2022 v5). And finally, in January 2018 a Riparian Buffer Authorization application was submitted for
additional riparian buffer impacts onsite. An updated 401 Water Quality Certification and Riparian Buffer Authorization
Approval was issued on January 22, 2018 for an additional 6,017 ft2 of Zone 1 and 11, 622 ft2 of Zone 2 riparian buffer,
along with updated stream and buffer impacts throughout the project (D WR #2007-2022 v6).
Previous to the above: A PCN Application was submitted on January 15, 2014 by S&EC. A 401 Water Quality
Certification and Neuse Buffer Authorization Approval were issued (DWQ Project #07-2022, Ver.3) 803 linear feet of
stream impacts and 58,954 ft2 of Zone 1 & 61,722 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit
Verification was also issued (AID # SAW -2013-01687) for 803 linear feet of stream for road crossings and sanitary sewer
line crossings.
Previous to the above: A PCN Application was submitted on February 11, 2008 by Horvath Associates, PA. A 401 Water
Quality Certification Approval was issued (DWQ Project #07-2022, Ver. 2) for 0.274 acres of 404 wetlands (temp), 361
linear feet of perennial stream (295 linear feet permanent, perennial & 66 linear feet temporary, perennial), and 58,985 ft2
of Zone 1 & 89,303 ft2 of Zone 2 of Neuse River Buffers. A 404 Nationwide Permit Verification was never issued;
however a Notification of Incomplete Application was sent by Eric Alsmeyer of the USACE on September 15, 2008 (AID
2006-40952).
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
It is our understanding that the project was initially going to include additional phases to the north. However, it is the
current understanding that the land developer for Fendol Farms will not be developing the land to the north. It's uncertain
at this time when that land will be developed. Note however that this project has been sub -phased for construction
purposes and that a majority of the stream and buffer impacts occurred as part of the initial phase of construction.
Page 4 of 16
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Permanent Type of impact Type of Forested (Corps - 404, 10 Area of impact
(P) or Temporary (T) wetland DWQ — non -404, other) (acres)
if known
W1 ❑ P ❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
2g. Total wetland impacts 0
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -Permanent
(P) or Temporary (T)
S1 (#18) ❑P®T
S2 (#3C) ❑P®T
S3 (#3F) ❑ P ® T
S4(#48) ❑P®T
S5(#5) ®P❑T
S6(#5) ❑P®T
S7(#68)❑P®T
S8(#7)®P❑T
S9(#7)®P❑T
S9(#7)❑P®T
SIO (#8)®P❑T
SII (#8)❑P®T
3b.
Type of impact
Sanitary Sewer -
Excavation
Sanitary Sewer -
Excavation
Sanitary Sewer -
Excavation
Sanitary Sewer -
Excavation
Road Crossing -
Culvert
Road Crossing -
Temporary
Construction
Sanitary Sewer -
Excavation
Road Crossing -
Culvert
Permanent
Fill/Diverted Stream
Road Crossing -
Temporary
Construction
Road Crossing -
Culvert
Road Crossing -
Temporary
Construction
3c.
3d.
3e.
Stream name
Perennial
Type of jurisdiction
(PER) or
(Corps - 404, 10
intermittent
DWQ — non -404,
(INT)?
other)
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
® PER
® Corps
Creek
❑ INT
❑ DWQ
UT to Lick
® PER
® Corps
Creek
❑ INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
® PER
® Corps
Creek
❑ INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
® PER
® Corps
Creek
❑ INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
UT to Lick
❑ PER
® Corps
Creek
® INT
❑ DWQ
3f. 3g.
Average Impact
stream length
width (linear
(feet) feet)
6' 1 31
8' 54
11' 36
3' 32
7' 139
9' 115
4' 34
12' 130**
5' 110*
9' 71
3' 118
3' 101
Page 5 of 16
PCN Form — Version 1.3 December 10, 2008 Version
Page 6 of 16
Road Crossing-
S12 (#9) ® P ❑ T
Culvert Extension
UT to Lick
❑ PER
® Corps
3'
57
and Rip-Rap
Creek
® INT
❑ DWQ
Stabilization
S13 (#14) ®P El T
Stormwater BMP
UT to Lick
[-IPER®
Corps
2,
46
Bypass Channel
Creek
® INT
El DWQ
3h. Total stream and tributary impacts
1,074
3i. Comments: Total Permanent Perennial + Intermittent stream impacts = 600 LF; total temporary impacts for utilities
and construction activities = 474 LF; Total relocated stream = 100 LF *The permanent fill-diverted stream totals 110
linear feet, of the 110 linear feet, 100 linear feet will be relocated as per sheet Area 7. All bold typed impacts
require(d) compensatory mitigation. NCDWR 1:1 on ALL previously permitted permanent stream loss (intermittent +
perennial) = 565 LF, USACE 2:1 for 262 permanent stream loss (perennial) = 524. All compensatory mitigation for
permanent stream impacts have been previously paid at previously authorized permanent impact amounts (i.e. 565
linear feet). See more detail regarding compensatory mitigation in Section D.2. "Through a site inspection and plan
review it was identified that Impact Area #7 was quantified incorrectly and was actually 130 linear ft. vs. 262 linear
feet of stream impact.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water impact
Name of waterbody
number —
(if applicable)
Type of impact
Waterbody type
Area of impact
Permanent (P) or
(acres)
Temporary T
01 ❑P❑T
02 ❑P❑T
41f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then com Dlete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Floo
TFilled
Excavated
Flooded
Filled
Excavat
Flooded
ded
ed
P1
P2
5f. Tota I
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 16
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑Tar -Pamlico ❑Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason for impact
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
B1 (#1A & 1C)
® P F-1 T
Sanitary Sewer -Parallel
UT to Lick
Creek
® Yes
❑ No
3,250
12,049
B2 (#1 B) ®P El T
Sanitary Sewer-
UT to Lick
El Yes
1°881
1,425
perpendicular
Creek
® No
B3 (#1 D) ®P El T
Pedestrian Trail &
UT to Lick
El Yes
264
440
Bridge
Creek
® No
B4 (#2B) ® P ❑ T
BMP Bypass channel
UT to Lick
Creek
®Nos
361
242
B5 (#2A) ® P ❑ T
Pedestrian Trail
UT to Lick
Creek
® No
98
2,239
B6 (#3B) ® P ❑ T
Sanitary Sewer -Parallel
UT to Lick
Creek
El Nos
6438
6,777
B7(#3C) ®P ❑ T
Sanitary Sewer-
UT to Lick
El Yes
2,372
1,165
perpendicular
Creek
® No
B8 (#3D) ®P E] T
Pedestrian Bridge &
UT to Lick
El Yes
521
438
Trail
Creek
® No
B9 (#3F) ®P❑ T
Sanitary Sewer-
UT to Lick
El Yes
1,874
0
perpendicular
Creek
® No
1310 (#3A & 3E)
® P F -1T
BMP Bypass Channel
UT to Lick
Creek
El Yes
® No
1,187
851
B11 (#4A & 4D)
® P F-1 T
Sanitary Sewer -Parallel
UT to Lick
Creek
® Yes
El No
6,382
12,431
B12(#4B)®P El T
Sanitary Sewer-
UT to Lick
El Yes
1,919
1,326
Perpendicular
Creek
® No
B13(#4C)®P El T
Pedestrian Bridge &
UT to Lick
El Yes
253
60
Trail
Creek
® No
B14(#5) ® P ❑ T
Road Crossing
UT to Lick
Creek
®❑ Nos
14,561
8,766
B15(#6A)® P ❑ T
BMP Bypass channel
UT to Lick
Creek
❑ Yes
® No
556
342
B16(#6B)®P F1 T
Sanitary Sewer-
UT to Lick
F1 Yes
2 159
1,176
perpendicular
Creek
® No
B17(#6C)®P E:1 T
Pedestrian Trail &
UT to Lick
El Yes
261
122
Bridge
Creek
® No
B18(#7A)® P ❑ T
Sanitary Sewer -Parallel
UT to Lick
Creek
® Yes
❑ No
28
3,024
B19(#7B)® P ❑ T
Road Crossing
UT to Lick
Creek
®❑ Nos
13,852
7,555
B20(#8) ® P ❑ T
Road Crossing
UT to Lick
Creek
® Yes
❑ No
11,384
7,212
B21(#9) ®P E] T
Road Widening -Culvert
UT to Lick
El Yes
3,305
1 816
Extension
Creek
® No
B22(#10)®P [:] T
Sanitary Sewer-
UT to Lick
El Yes
642
1,008
Perpendicular
Creek
® No
Page 7 of 16
B23(#10)® P ❑ T
Sanitary Sewer -Parallel
UT to Lick
Creek
® Yes
❑ No
229
1,309
B24(#10)® P ❑ T
Pedestrian Trail
UT to Lick
Creek
E Nos
El
50
0
B25(#11)® P ❑ T
BMP Bypass Channel
UT to Lick
Creek
❑ Yes
® No
596
439
B26(#12)® P ❑ T
BMP Bypass Channel
UT to Lick
Creek
® Nos
1,489
729
B27(#13)® P ❑ T
BMP Bypass Channel
UT to Lick
Creek
® Nos
720
428
B28(#14)® P ❑ T
BMP Bypass Channel
UT to Lick
Creek
❑ Yes
® No
913
779
6h. Total buffer impacts
77,545
74,148
6i. Comments: All bold typed impacts require compensatory buffer mitigation.
Page 8 of 16
D. Impact Justification and Mitigation
1. Avoidance and Minimization
Page 9 of 16
PCN Form — Version 1.3 December 10, 2008 Version
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant
contracted with S&EC to complete a wetland and Neuse River Buffer evaluation for the property in order to identify the natural
resources so that the project engineers could design a site plan that would minimize impacts to wetlands, streams and riparian
areas to the maximum extent practicable. It's important to note that this project previously received approvals from the Division
of Water Resources (DWR) and the City of Durham back in 2008. Additionally, the project received approvals from both the
Division of Water Resources and the US Army Corps of Engineers (USACE) in 2014, 2015 and 2018. Please see project
history for more detail.
ROAD IMPACTS: The project includes three (3) road crossings and one (1) culvert extension. Note that based on the height of
the proposed headwalls and the extent of the associated foundation/footers additional impacts are necessary for clearing and
excavation to accommodate the installation of concrete formwork and the necessary formwork bracing, supports and ballast. A
traffic corridor beyond the limits of the excavation and bracing is also necessary to accommodate safe movement of personnel
and small mechanized equipment to perform the necessary construction. Impact Area 5 (Fendol Farm Parkway) is a road
crossing to an intermittent stream. This crossing has been partially constructed; the culvert is in place however the final grade is
not complete. This crossing will result in 139 linear feet of permanent stream impact and 115 linear feet of temporary stream
impacts. The permanent stream impacts were necessary to provide access from Leesville Road to the northern portions of the
property. This crossing was designed to be a perpendicular crossing and utilized retaining walls and headwalls to minimize the
stream and riparian buffer impacts. The temporary impacts are necessary for the construction of the road crossing culvert and
headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the
culvert and headwalls. Impact Area 7 (Atlas Drive) is a proposed road crossing to a perennial stream. This proposed crossing
will result in 130 linear feet of permanent stream impacts and 71 linear feet of temporary stream impacts. The permanent
impacts are necessary to provide access to the western portion of the property from the Doc Nichols Road entrance. This
crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to minimize the stream
and riparian buffer impacts. As part of the redesign in 2015, the road profile has been lowered substantially, resulting in much
less depth of fill allowing the use of a more standard size culvert and minimized riparian buffer impacts. In addition, at Impact 7,
110 linear feet of intermittent stream will need to be filled to accommodate the southern retaining wall at the culvert crossing. Of
these 110 linear feet, 100 linear feet of intermittent stream will be relocated and aligned to flow into the main perennial stream
just south of the culvert crossing. The temporary impacts are necessary for the construction of the road crossing culvert and
headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post construction of the
culvert and headwalls. Impact Area 8 (Shumard Crossing) is a proposed road crossing to an intermittent stream. This
proposed crossing will result in 118 linear feet of permanent stream impact and 101 linear feet of temporary stream impacts. The
permanent impacts are necessary to provide access to the southwestern portion of the property from the Doc Nichols Road
entrance. This crossing has been designed to be a perpendicular crossing and will utilize retaining walls and headwalls to
minimize the stream and riparian buffer impacts. The temporary impacts are necessary for the construction of the road crossing
culvert and headwalls, this area will be brought back to original stream bed elevation and the banks will be stabilized post
construction of the culvert and headwalls. Impact 9 (Doc Nichols Road widening/turn lane) is a culvert extension on an
intermittent stream and is completed. This culvert extension and necessary nprap stabilization resulted in 57 linear feet of
permanent impacts. These permanent impacts were necessary for road widening required by the City of Durham for a tum lane
into the subdivision entrance. SEWER IMPACTS: The project includes five (5) stream impact areas associated with sanitary
sewer. It's important to note that the 2014 approvals authorized eight (8) sanitary sewer stream crossings; therefore the 2015
design minimized the number of overall stream crossings. Impacts 1B, 3C, 3F, 4B & 6B are all sanitary sewer crossings, two
(2) areas are temporary impacts to perennial streams and three (3) are to intermittent streams with associated riparian buffer
impacts. Four (4) of the sanitary sewer crossing have been installed, however have not been brought back to finished stream
bed elevations (i.e. 1, 3F, 4B and 6B). All utility crossings have been designed to cross the stream at a perpendicular angle, all
stream impacts will be brought back to original stream bed elevation and the banks will be stabilized post construction. The
project also includes seven (7) areas of buffer impacts associated with parallel sanitary sewer, and one (1) stub for a future
manhole. Impacts 1A, IC, 3B, 4A, 4D, 7A & 10 are all parallel buffer impacts to Zones 1& 2 of the Neuse River Buffers. Due
to the topography of the site, the gravity sewer outfall has been placed within areas of the riparian buffers that are resulting in
parallel buffer impacts in order to provide a reasonable depth of sewer. To move the sewer out further from the stream would
greatly increase the depth and increase the need for additional clearing beyond the limits of the proposed easement, which was
necessary at impact areas 3B, 4A and 4D, and authorized in early 2018. The parallel riparian buffer impacts have been
minimized to the maximum extent practicable. In addition, riparian buffer mitigation is being proposed for all parallel impacts
within Zone 1 of the Neuse Rive Buffer. Impact 10 is a stub for a future sanitary sewer connection. Installation of this stub
section now (with a plug at the inlet), allows for no interruption in wastewater service when the site is connected to a future
gravity outfall. STORMWATER OUTFALLS & TRAILS: This project includes eight (8) areas of buffer impacts associated with
SCM bypass channels. These impacts are necessary to allow treated stormwater to flow through the riparian buffer without
erosion. All bypass channels have been designed to enter the stream at an angle to allow for a smooth convergence. One (1)
Impact Area #14, also includes 46 linear feet of permanent intermittent stream loss. Per the project engineers, the original
design of this SCM by a different engineering firm, had a level spreader device and a bypass channel that if constructed, would
not be able to hydraulically function correctly. The SCM primary outlet and bypass channel was relocated for adequate
attenuation of the SCM discharge to the perennial stream normal water elevation. This #14 impact has already been
constructed. And finally, this project proposes a mulch trail system. A majority of the trail is located within the sanitary sewer
easements and the locations that cross the streams are to be bridged.
Page 10 of 16
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Per the project engineer, the entire site is subject to Durham County Erosion Control regulations and has been permitted
in accordance with requirements. Additionally, additional E&S measures have been added since the NCDWR Notice of
Violation. Stream crossings at proposed roads will utilize a pump around.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in-lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: EBX-Neuse sponsored Neu-Con Wetland & Stream Umbrella Mitigation Bank or EBX-EM
sponsored Forrest Creek Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Stream
Quantity: 273 (paid)
3c. Comments: The project has previously provided 565 linear feet of stream mitigation through mitigation bank and
NCDMS, which exceeds the previously required 2:1 mitigation requirement by the USACE for permanent perennial
stream impacts (i.e. previous: 262 x 2 = 524 LF). The updated impact for this area #7 in 2019 is 130 LF: 130x 2 = 260
LF. The new linear footage of permanent loss to intermittent and perennial stream impacts requested in 2019 (i.e. #5
= 2 LF, #8 = 3 LF, #9 = 27 LF, and #14 = 46 LF, totaling 78 linear feet). If the USACE were to require mitigation for the
updated perennial permanent loss, and the new intermittent permanent loss impact areas, the mitigation would total
338 LF (i.e. 260 + 78 = 338 LF). This is taking into consideration the past USA CE Field Agent permitting decision of
no mitigation for the permanent loss of the intermittent streams that were previously authorized or diverted.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
® Yes *RECEIPT ATTACHED
4b. Stream mitigation requested:
292 linear feet
4c. If using stream mitigation, stream temperature:
® warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non-riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: *Please note that these stream creglits have been paid, receipt and MRTF attached.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 11 of 16
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
® Yes ❑ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Sanitary Sewer -Parallel
Zone 1
Impacts within Zone 1 &
56,124
3 (2 for Catawba)
168,372
Road Crossing
Zone 2
Road Crossing
23,533
1.5
35, 299.5
203, 671.50
6f. Total buffer mitigation required:
-152,271 (paid)
51,400.50"
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Payment into private mitigation banks, please see attached receipts. EBX Sponsored Banks: Buffalo Branch Bank:
123, 843.60 (2015), Arrington Bridge Phase 1 Bank 9,179.40 (2015); Ezell Bank 19,248 (2018); Total: 152,271 credits paid
V is estimated that 51,400.50 of new riparian buffer mitigation credits are needed, if the attached plans are acceptable.
The applicant will request mitigation credits through a private mitigation bank or the NCDMS if acceptable to the DWR.
6h. Comments:
Page 12 of 16
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why. Comments: The
stormwater management plan (SMP) has been submitted to the City of Durham and has
been approved. Per the project engineers, this SMP includes Stormwater Control
Measures (SCM), level spreaders and engineered filter strips to meet the diffuse flow
❑ Yes ® No
requirements. In areas where defined channels existed in the stream buffers, piped
discharges to these channels was provided in lieu of level spreaders/filter strips.
Additional riprap is being added to these existing channelized areas for erosion control.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
23.99%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Per
the project engineers, ten (10) stormwater ponds are being provided for this development for detention purposes. Per direction
from the City of Durham, the ponds are being incorporated to detain the 1, 2 and 10 -year storms to pre -development conditions.
To provide nutrient removal, several level spreaders and engineered filter strips are also included.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Durham
® Phase II
3b.
Which of the following locally -implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
® Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 13 of 16
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 213 .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): The project
received a Notice of Violation and Notice of Intent to Enforce on December 11, 2017, a Continuing Notice of Violation and
Notice of Intent to Enforce on May 10, 2018 and December 5, 2018. S&EC is currently working with the permittee on
resolutions to these issues. Note that the after-the-fact application box was checked because there are some riparian buffer
impacts and stream impacts that have taken place during construction activities. These unintentional temporary stream
impacts will be restored back to pre-construction conditions, any new permanent stream impacts have been requested within
this application. The project has previously provided 565 linear feet of stream mitigation, which exceeds the previously
required 2:1 mitigation requirement by the USACE for permanent perennial stream impacts (i.e. previous = 524 LF, same
impact 2019 = 260 LF), and the new linear footage of permanent loss to intermittent and perennial stream impacts (i.e. 78
linear feet). 260 + 78 = 338 LF.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in-fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The
Fendol Farms project is a residential development. It is important to note that the project is located within Durham
County's ETJ, therefore the adjacent properties that have potential for development will have the following
regulations to protect downstream waters: 1) the Water Supply, Watershed Protection Program which limits
development densities as well as requires protective riparian buffers; 2) the Neuse River Basin Riparian Buffer
Protection regulations, these regulations require limited development within the riparian buffer area in addition to
"diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if
diffuse flow cannot be achieved; and finally 3) the Phase 11 NPDES Stormwater Permit Program, this program
includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post-
construction stormwater management requirements. We anticipate that the DWR will advise us if any additional
information is needed.
Page 14 of 16
PCN Form — Version 1.3 December 10, 2008 Version
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
This project will connect to the City of Durham's Sanitary Sewer System. The Durham Public Works Department will
ensure that capacity of their treatment facility will not be exceeded.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat
The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally
protected species listed within 1 mile of the project boundaries. It was determined based on the search that there are no
elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project boundaries.
References: North Carolina Natural Heritage Program Online Data Search. 2019. NC Department of Natural and Cultural
Resources, Division of Land and Water Stewardship, Raleigh, NC. Available at hUg,,1Arww.ncnhp,orp/ (Accessed:
February 18, 2019).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat.
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Durham County, which is not near any coastal or tidal habitat that would support EFJ (i. e. salt
marshes, oyster reefs etc.). NOAH Habitat Conservation Habitat Protection
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? S&EC
completed an online GIS record check maintained by the State Historic Preservation Office (SHPO) and identified a
structure on the property that was on the Study List (SL). The Fendel Bevers House was determined by the State Historic
Preservation Office (SHPO) to be eligible for inclusion in the National Register of Historic Places. Therefore, a
Memorandum of Agreement (MOA) was prepared and signed by the USACE, SHPO, Preservation Durham, and the
applicant to address this property. This MOA has been filed with the Advisory Council on Historic Preservation. A copy of
the MOA is attached to the 404 verification. In 2015, updates to the MOA were agreed upon by SHPO and the permittee,
please see attached letter dated May 18, 2015. Finally, in April 2016, a final letter was provided by SHPO indicating that
all of the stipulations of the MOA for the house have been completed, see attached. The structure has been demolished.
Page 15 of 16
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System.
f
Deborah E. Shirleyf'l�April
17,
Applicant/Agent's SignatureZ--LA-
Applicant/Agent's Printed Name
2019
(Agent's signature is valid only if an authorization letter from the applicant is
Date
provided.)
Page 16 of 16
Pat McCrory
Governor
Larry Lippincott
Sierra Land, LLC
2840 Plaza Place, #360
Raleigh, NC 27612
Project: Sierra Subdivision
County: Durham
USACE#: 2013-01687
WQ permit#: 07-2002 v.3
EEP #: 21193
Amount Paid: $111,252.00
Check Number: 0113
_AO�VA
NC—RNR
North Carolina Department of Environment and Natural Resources
Michael Ellison, Director
Ecosystem Enhancement Program
RECEIPT
December 1, 2014
John E. Skvarla, III
Secretary
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above -
referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated
with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009-
337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011-343.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the
permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be performed in accordance with the
N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28,
2010.
River Basin
Stream Credits
Wetland Credits
Buffer I& II
HUC
(linear feet)
(acres)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Ri arian Coastal Marsh
Neuse
0
0
292
0
0 0
0
03020201
Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in
accordance with EEP's refund policy at www.nceep.net. If you have any questions or need additional information, please contact
Kelly Williams at (919) 707-8915.
Sincerely,
I
1 ael E lison CT
Director
cc: Karen Higgins, NCDWR Wetlands/401 Unit
Eric Alsmeyer, USACE- Raleigh
Cherri Smith, NCDWR- Raleigh
Deborah Shirley, agent
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: 919-707-89761 Internet: www.ncdenr,gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
fires
MITIGATION CREDIT TRANSFER CERTIFICATE
FORREST CREEK MITIGATION BANK
TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM
The undersigned, EBX-EM, LLC the Sponsor of the Forrest Creek Mitigation Bank (UT -2 Site)
hereby certifies the following:
1. RREF II — FHNC Sierra has deposited monies with the Sponsor sufficient to
acquire 273.00 Stream Mitigation Credits from the Bank for use on its Laurel
Grove Phase I project (Action ID: SAW -2013-01687), in Durham, NC, in HUC
03020201 of the Neuse River Watershed.
2. The Laurel Grove Phase I project requires a total of 273.00 Stream Mitigation
Credits as mitigation. Of this amount 273.00 Stream Mitigation Credits are being
provided by the Bank.
3. The Sponsor has deducted 273.00 Stream Mitigation Credits from the Bank's
credit ledger for HUC 03020201 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Certificate.
EBX-EM, LLC
0
C441 A W'1--
Cara S. Conder, Authorized Agent
Date: 08/04/15
Copies:
Bill Biddlecome, US Army Corps of Engineers (electronic)
Andrea Hughes, US Army Corps of Engineers (electronic)
Debbie Shirley, S&EC (electronic)
Andrew Lineberry, Forever Homes (electronic)
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Comensatory Mitigation Responsibilitv 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 (USAGE) 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. nirnmm Nal ico River Rnci
- — - — •• r, . J4 •1 � t.l VG.�111
Stream impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine Riparian Non-Riverine
Non -Riparian Coastal
136
il more man 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. namnxni mai,ea Rivar nnei
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool
Cold Riparian Riverine Riparian Non-RiverineNon-Riparian Coastal
272
Mitigation Site Debited: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX EM
sponsored 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: l_1. h." EA (L C k4i �— bC f -
Name of Sponsor'sA horized Representative: cv7k C014v__
7
Signature of Sp or's Authorized Representative 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.
0 Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) Is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT), If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USAGE administrative records for both
the permit and the 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, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.ormy.mll). 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@lusace.army.mil
Digitally signed by ALSMEYER.ERIC.C.1087624486
DN: c=US, o=U.S. Government, o 87ou=PKI,
OU -USA, cn=ALSMEYER.ERIC.C.1087624624 486
Date: 2015.07.0215:40:18 -04'00'
USACE Project Manager Signature
July 4 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 littp://reeulatory.usacesurvey.cortiZ to complete the survey online.
•
0
r1
i r
/
IMPACT 14 ZONE 1 BUFFERS "
IMPACT AREA = 389 SF
N
(BMP BYPASS) i
PERMANENT IMPACT J \
STREAM IMPACT AREA
106 SF & 46 LF
SCM ACCESS AND
MAINTENANCE
EASEMENT
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone 919. 361. 5000
fax 919. 361. 2269
license number: C-0293
www.mcadamsco.com
AREA 14
Kevin
IMPACT 14 ZONE 1 BUFFER
IMPACT AREA = 524 SF
(BMP BYPASS)
IMPACT 14 ZONE 2 BUFFER
IMPACT AREA = 779 SF
(BMP BYPASS)
ZONE 1 BUFFER IMPACT
ZONE 2 BUFFER IMPACT
00000000000000000000000a PERMANENT
000000000000000000000000 STREAM IMPACT
❑vvvvvvvvvvvvvvvvvvaoova
FENDOL FARMS
IMPACT AREA EXHIBIT
LEESVILLE ROAD & DOC NICHOLS ROAD
DURHAM, NORTH CAROLINA
N
GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
PLAN INFORMATION
PROJECT NO. RCM -16010
FILENAME RCM16010-IM2
CHECKED BY ALP
DRAWN BY LRS
SCALE 1"=40'
DATE 04.09.2019