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6 <br /> � � <br /> ;;� <br /> r���y Zs, 2012 <br /> Regulatory Division/1145 <br /> Action ID: SAW 2008-00754 <br /> � Mr. Jeremy Medlin � <br /> M/I Homes <br /> 1500 Sunday Drive,Suite 113 <br /> Raleigh,North Carolina 27607 <br /> Dear Mr.Medlin: � <br /> The following is an updated letter to our original letter dated December 6, 2006, <br /> regarding avaidance and minuuization of jtu�isdictional stream impacts related to potential <br /> road crassings for the Ballentine Subdivision in Carrboro, Orange County,North Carolina. <br /> Through coardinafion with your consultanf,Mr. Kevin Yates of The John R.McAdam.s <br /> Company, Inc.,we are aware of a pofiential requiremenf by the Town of Carrboro to <br /> construct a road crossing wifihu�.an area currently planned for development of the <br /> Ballentine S�bdivision in Carrboxo, Orange County,North Carolina. The crossing would . <br /> be the third crossing for this development wi�h.in 800 feet and would sfub out after crossing <br /> Jonis Creelc, a jurisdictional tributary to Bolin Creek in the Cape Fear River Basin. Based ' <br /> upon the infoimation provided,the only purpose for this crossing i�s to meet the local <br /> ordinance zn support of fizture development and is not safety related. <br /> 7n order to utzlize nationwide pernufs,the applicant is required to avoid and minimize <br /> impacts to jurisdictional waters of the United States subject to o�x regulatoiy authority ' <br /> ptusuant to Secfion 404 of the Clean Water Act. Once an applicant has adequately ' <br /> demonstrated that they have avoided jur.isdictional areas,they must document steps they <br /> have talcen to fiu-ther min;mize impacts to waters of the U.S. Finally, an applicant may be ' <br /> _ required to provide compensatory mi�iga�ion for unavoidable jurisdictional impacts. <br /> Accordingly, based upon the provided infaixnation,a request for impacfis to-�he st�eam <br /> oY adjacent wetlands for such a crossing may not meet the nationwzde permit conditions. ' <br /> Therefoze, such a proposal may requzre the submittal of a Depa�.-finent of the Army(DA) <br /> individual permit applicatian. ' <br /> � While we have not recezved a pernut request fox a third road crossing related to this <br /> project and would nof be able to provide comments regarding either�e issuance or de.nial <br /> of a permii request,please be advised that similar permit requests for non-water dependent . <br />