20050732 Ver 13_Other Agency Comments_20090824

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August 21, 2009

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

REPL Y TO
A HENTION OF

Regulatory Division

Action rD. 200121252

Mr. William S. Mumford
NNP - Briar Chapel, LLC
16 Windy Knoll Circle
Chapel Hill, North Carolina 27516

Dear Mr. Mumford:

Reference the Department of the Army (DA) permit issued on October 2,2006, to
Mitch Barron of Newland Communities for impacts associated with the Briar Chapel
Development. Also reference the modification to this permit approved in December,
2007. This development is approximately 1,589 acres in size and is located west of US
HighwayI5-501, north of Andrew's Store Road (SR 1528), and south of Mann's Chapel
Road (SR 1532), approximately 5 miles south of Chapel Hill, in Chatham County, North
Carolina. Coordinates (in decimal degrees) for the site are 35.8251 0 North, 79.10590
West. The site contains several unnamed tributaries and adjacent wetlands of Poke berry
Creek and Wilkinson Creek, in the Cape Fear River Basin (8-Digit Cataloging Unit
03030002).

Permanent impacts authorized by this permit and the subsequent 2007 modification
totaled 1,666 linear feet of stream channel and 0.4422 acre of wetland, and temporary
impacts totaled 359 linear feet of stream channel and 0.156 acre of wetlands. Mitigation
was implemented for the unavoidable impacts by: a) Payment into the North Carolina
Ecosystem Enhancement Program for the restoration of 0.6655 acre of riparian wetlands;
b) Restoration of 2, 127 linear feet of stream channel at the Harpers Crossroads Mitigation
Site; and c) On-site preservation of 59.3 acres of wetlands and 63, 412 linear feet of
stream channel.

Also reference your permit modification request received by the Corps on May 8,
2009. This modification was to address impact amounts and location changes associated
with roadway crossings in and near the development. Also included within the requested
modification were impacts associated with restoration to streams and wetlands as
required to satisfy an existing on-site Clean Water Act violation. On May 22,2009, a
Public Notice was issued detailing this modification request which would bring total
impacts associated with Briar Chapel to: 2,237 linear feet of permanent stream channel,
634 linear feet of temporary stream channel, 0.4374 acre of permanent wetland impact,

and 0.197 acres of temporary wetland impact. Please note the attached Tables 1,2, and
3; originally created by your consultant S&EC, which describe the impact history by site
number and amount. No additional mitigation was proposed due to the relatively large
amount of preservation mitigation required within the original permit.

The Corps has completed the evaluation of your request and concurs with your
request for a change in impacts associated with your referenced DA permit including the
change to plans as requested. No additional mitigation is required for this modification.

Special condition 1 of your permit is hereby modified to read:

"All work authorized by this permit must be performed in strict compliance with
the attached plans, Exhibit A, Exhibit E, and/or Exhibit F which are a part of this permit.
These plans reflect the original proposal, Exhibit A; and the modifications as depicted
within the January 26, and the revised June 7, 2007, proposals as shown in Exhibit E, and
the modification request of May 8, 2009, as shown in Exhibit F. Only the attached
modification plans reflect approved changes to the original plans, therefore any additional
deviations from the original plans are not approved per this modification and any further
modification to the plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation. The temporary impacts as identified on Exhibit E
shall be removed by May 1, 2008, or the project shall be considered non-compliant with
this condition. In addition, the following time deadlines are hereby established for work
considered authorized under this 2009 permit modification: all impacts, both temporary
and permanent, as shown in the stream repair and stabilization document received with
the modification application on May 8, 2009, must be completed prior to April 15, 2010;
and all additional temporary impacts, not requested within the stream repair and
stabilization document but requested and authorized under this 2009 modification, shall
be removed within 30 days of the completion of each respective crossing. Proper
documentation of permit compliance for this 2009 modification shall be submitted to the
Corps of Engineers Regulatory Representative via email on or before April 15, 2010, or
at the time of each temporary impact removal, respectively. "

Please note that all other permit conditions and exhibits remain in effect as
written. Should you have questions, contact Mr. Monte Matthews, Raleigh Regulatory
Field Office at telephone [phone], Extension 30.

Sincerely,

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Colonel, U.S. Army
District Commander

Attachments

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Copy Furnished (w/o attachment)

Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

Copy Furnished (w/attachment)

Ms. Nicole Thomson
Soil & Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614

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