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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