HomeMy WebLinkAbout20170088 Ver 1_401 Application_20180118SAGE
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January 19, 2018 401 & BUFFLK r
PAID
US Armv Coros of Enaineers NC Division of Water Resources
Raleigh Regulatory Office 401 & Buffer Permitting Unit
Attn-. Ms. Samantha Daily Attn: Ms. Karen Higgins
3331 Heritage Trade Drive 512 N. Salisbury Street
Suite 105 Raleigh, NC 27604
Wake Forest, NC 27587
Re: East Hampton Subdivision
Request for NWP 29 & GC 4139
USACE Action ID SAW -2017-00862 2 0 1 8 0 0 8 8
Sage Project #2017.03
On behalf of the owner, Zaytoun Enterprises, LLC, please find attached a complete application
and supplemental information requesting written concurrence from the US Army Corps of
Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) that the activities
associated with the residential development may proceed under Nationwide Permit (NWP) 29
and the associated General Certification (GC) 4139.
Promect Summary and Purpose
The proposed East Hampton Subdivision (Project) involves the development of two adjacent
parcels totaling 30.87 acres bounded on the east by Highway 70. The Project is located
immediately west of Highway 70 business in Johnston County, NC. The Project is comprised of
a proposed residential development of single-family homes and will contain five internal roads,
two stormwater BMP devices, as well as other utilities (sewer, water, electricity, etc.) required for
a residential development. The Project will have sewer service that ties into existing municipal
lines located adjacent to the Project. The required stormwater plan is being reviewed by Johnston
County (delegated authority). The project will provide additional housing to meet the current
demand in this area of Johnston County.
Pro�ect Histor
The Site is entirely forested. The forest cover is composed of a mix of hardwood and pine species
including loblolly pine, southern red oak, yellow poplar, sweet gum, and red maple. Based on the
age and composition of the forest canopy as well as reviewed aerial photography, the Site
appears to have been forested since about 1961. At the time of the field review, several paths
had been cut into the property for geotechnical survey purposes. Most of the land to the south
and west of the Site is in agriculture, pasture or is forested.
A wetland and stream delineation was completed in 2017 and the delineation approved by Ms.
Samantha Daily of the USACE during a field visit on June 6, 2017 (SAW -2017-00862). The Neuse
River Riparian Stream Buffers have been delegated to Johnston County by the NCDWR and were
East Hampton Subdivision Page 1 of 2
approved by Mr. Carlos Bagley of Johnston County during a field visit on May 31, 2017 (see
attached buffer letter). The determinations made by Ms. Daily and Mr. Bagley are reflected on the
attached impact maps.
Avoidance and Minimization
Proposed subdivision roads were aligned to avoid impacts to streams and minimize impacts to
wetlands and riparian stream buffers to the maximum extent practicable. The road crossings of
the wetlands were positioned so as to cross the wetlands at the narrowest location possible. Lot
fill was avoided completely.
Proaect Impacts
Proposed impacts will result from sewer line installation and road construction. Overall wetland
impacts total 0.257 acres of total wetland impacts. Temporary wetland impacts totaling 0.058
acres result from the installation of sewer lines. Permanent wetland impacts totaling 0. 199 acres
result from road construction. The Project is within the NCDWR regulated Neuse River buffered
basin. Overall Neuse River Riparian Buffer impacts total 1,350 square feet of Zone 1 buffer
impacts and 2,915 square feet of Zone 2 buffer impacts. Neuse Riparian Buffer impacts will result
from road construction.
Mitigation
No riparian buffer mitigation has been proposed due to requested impact being considered
"allowable". No stream mitigation is proposed because no stream impacts are proposed. Wetland
mitigation is proposed for the 0. 1 99 -acre permanent impacts. Payment to purchase credits from
the EBX-Neuse 1, LLC Stream and Wetland Bank is proposed to offset the wetland mitigation
requirements. Please see the attached Statement of Availability.
If you have any questions, please call me at (919) 559-1537.
Sincerely,
W
Sean Clark, PWS
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
NEU-Con Statement of Availability letter
Figure 1-USGS Site Vicinity Map
Figure 2 -Soil Survey Site Vicinity Map
Johnston County Buffer Letter
NCNHP Report for East Hampton Subdivision
Impact Maps (5 sheets)
East Hampton Subdivision Page 2 of 2
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Office Use Only:
Corps action ID no. SAW -2016-
01126
DWQ project no.
Page I of 10
PCN Form – Version 1.4 January 2009
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
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 4139
1c.
Has the NWP or GP number been verified by the Corps?
Yes
No
1d. Type(s) of approval sought from the DWQ (check all that apply):
E 401 Water Quality Certification – Regular D Non -404 Jurisdictional General Permit
E] 401 Water Quality Certification – Express ED 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:
El Yes E No
For the record only for Corps Permit:
El Yes Z 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.
El Yes
No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
El 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:
Zaytoun Property
2b.
County:
Johnston County
2c.
Nearest municipality / town:
Wilson Mills
2d. Subdivision name:
East Hampton Subdivision
2e.
NCDOT only, T. 1. P. or state —]
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Zayloun Enterprises LLC.
3b.
Deed Book and Page No.
05020/0527
3c.
Responsible Party (for LLC if
applicable). -
Henry S. Zaytoun, Sr
3d.
Street address:
5041 Six Forks Road, Suite 200
3e. City, state, zip:
Raleigh, NC 27609-4494
3f.
Telephone no.-
919-782-6912
3g.
Fax no.:
N/A
3h. Email address:
Page I of 10
PCN Form – Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
El Agent El Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
6. Agent/Consultant Information (If applicable)
5a. Name:
Sean Clark
5b. Business name
(if applicable):
Sage Ecological Services, Inc.
5c. Street address:
3707 Swift Drive
5d. City, state, zip:
Raleigh, NC 27606
5e. Telephone no.:
919-559-1537
5f. Fax no.:
I
5g. Email address:
I SClark@SageEcological.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
167600-66-3943
1b. Site coordinates (in decimal degrees):
Latitude: 35.581780* N, Longitude: 78.405442* W
1c. Property size:
30.87 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
LIT to Reedy Branch
2b. Water Quality Classification of nearest receiving water
C, NSW
2c. River basin:
Neuse River Basin (HUC 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 Site is entirely forested. The forest cover is composed of a mix of hardwood and pine species
including loblolly pine, southern red oak, yellow poplar, sweet gum, and red maple. Most of the land to the south and
west of the Site is in agriculture, pasture or is forested.
3b. List the total estimated acreage of all existing wetlands on the property: +/- 4.77 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 920 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand
for housing in this part of Johnston County.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project is a single-family residential subdivision with residential streets and utilities that will connect to
existing adjacent roads and utilities in the area. The proposed impacts result from road construction, and lot fill. Heavy
equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc) will be utilized.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
0 Yes El No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary El Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Sean Clark
Agency/Consultant Company:
Sage Ecological Services, Inc,
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A site meeting was held with Ms. Samantha Daily of the USACE during a field visit on June 6, 2017 (AID SAW -
2017 -00862)). A site meeting was held with Mr. Carlos Bagley of Johnston County (delegated authority) on May 31,
2017 and copy of his determination (NBR# NB 17-008) dated June 2, 2017 is attached.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes 0 No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
El Yes Z No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
S Wetlands El Streams — tributaries Buffers [I Open Waters El Pond Construction
2. Wetiand 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.
Welland impact
Type of jurisdiction
number
Type of impact
Type of wetland
Forested
Corps (404, 10) or
Area of
Permanent (P) or
(if known)
DWQ (401, other)
impact
Temporary (T)
(acres)
Welland Impact 1
Fill/ Road
Boftomland
Yes
Corps
0.124
(P)
Construction
Forest wetland
Wetland Impact 2
Fill/ Road
Bottomland
Yes
Corps
0.075
(P)
Construction
Forest wetland
Wetland Impact 3
Sewer Line
Bottomland
Yes
Corps
0.051
M
Installation
Forest wetland
Weband Impact 4
Sewer Line
Bottomland
Yes
Corps
0.007
M
Installation
Forest wetland
Choose one
Choose One
Choose one
t—Yes/No
0
2g. Total wetiand impacts
0.257
2h. Comments:
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average stream
Impact
number
(PER) or
width
length
Permanent (P) or
Temporary (T)
intermittent
(INT)?
(feet)
(linear
feet)
3h. Total stream and tributary Impacts
0
3i. Comments: There are no stream impacts proposed.
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 ater impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of
impact number —
waterbody
Type of impact
Waterbody type
Area of impact
Permanent (P) or
(if applicable)
(acres)
Temporary (T)
01 Choose one
Choose One
Choose
M. Total open water impacts
0
4g. Comments: There are no open waters within the project boundaries.
6. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 4 of 10
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or
(acres)
number
purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
Pi
Choose One
P2
Choose One
5f. Total
0
0
0
0
0
0
0
5g. Comments: This project does not propose Pond or Lake construction
5h. Is a dam high hazard permit required?
Yes F-1 No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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 yo MUST fill out Section D of this form.
6a.Project is in which protected basin?
0 Neuse D Tar -Pamlico El Catawba n Randleman El Other:
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason for
Buffer mitigation
Zone 1 impact
Zone 2 impact
Permanent (P) or
impact
Stream name
required?
(square feet)
(square feet)
Temporary M
Impact 2 (P)
Fill/ Road
LIT to Reedy
No
1,359
2,915
Construction
Branch
I
6h. Total buffer Impacts
1,359
2,915
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Proposed subdivision roads were aligned so as to avoid impacts to streams and wetlands as much as possible. Concrete
headwalls will be used in one location (impact 2) to further reduce impacts to the riparian stream buffers and wetlands.
Roads were aligned so as to cross jurisdictional wetlands at their narrowest points. Lot layouts were reconfigured to
completely avoid weband fill.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt
fencing and temporary basins will also be used to prevent sediment runoff into the streams and wetlands. Headwalls will
be constructed in one location (impact 2) so as to further reduce impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply):
El DWQ Z Corps
2c. If yes, which mitigation option will be used for this
project?
Z Mitigation bank
El Payment to in -lieu fee program
El Permittee Responsible Mitigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank: NEU-Con Wetland & Stream Umbrella Mitigation Bank (Howell Woods Site)
3b. Credits Purchased (attach receipt and letter)
Type: Riparian
wetland
Quantity 0.4 acre
Type: Choose one
Quantity N/A
Type: Choose one
Quantity N/A
3c. Comments: N/A
4. Complete If Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
El Yes
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
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: N/A
5. Complete If Using a Permittee Responsible Mitigation Plan
Page 6 of 10
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
El Yes No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation requiredl.
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).
N/A
6h. Comments: No mitigation is required because proposed impacts are considered "allowable".
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 . Diffuse Flow Plan
Ia. 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 diffuse flow plan is part of the Stormwater Management Plan being
El Yes El No
reviewed by the County.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
30.6%
2b. Does this project require a Stormwater Management Plan?
ED Yes F-1 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project requires a Stormwater
Management Plan that will be reviewed by Johnston County.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater will be directed to 2 wet detention ponds located in the southern portion of the site (see attached map).
2e. Who will be responsible for the review of the Stormwater Management Plan?
Johnston County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Johnston County
Z Phase 11
3b. Which of the following locally -implemented stormwater management programs
[-] NSW
El USMP
apply (check all that apply):
El Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
El Yes No
attached?
4. DWQ Stormwater Program Review
El Coastal counfies
El HQW
4a. Which of the following state -implemented stormwater management programs apply
E] ORW
(check all that apply):
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
El Yes ED No
attached?
5. DWO 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
El Yes E] No
5b. Have all of the 401 Unit submittal requirements been met?
El Yes [I No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Infiormation
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
El 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
El Yes [I No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. 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
El Yes [I No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H.0500), Isolated
Wetland Rules (1 5A NCAC 2H .1300), DWO Surface Water or Weiland Standards,
Yes No
or Riparian Buffer Rules (1 5A NCAC 213 .0200)?
2b. Is this an after -the -fact permit application?
0 Yes 0 No
2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWO 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.
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.
The proposed project will tie into offsite regional utility lines located adjacent to the project site.
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Data Base (2017) was referenced and a report received from NCNHP identified no recorded
federally listed species on the project site or within a 1 -mile radius.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?T[:]
Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project takes place in Johnston County which is not near any coastal or tidal habitat that would support
EFH (i.e. salt marshes, oyster reefs, etc.). NOAA's EFH Mapper was reviewed.
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
El 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?
hftp-.//gis.ncdcr.gov/hpoweb/ *Records check at the State Historic Preservation Office or the Office of State Archeology
were not performed. No sites are located within the project area. Utilizing the HPOWEB GIS mapping service, two sites
were found within the project vicinity. The Bethesda Baptist Church (JT 0677) is directly adjacent to the proposed project
to the east. The status of JT 0677 is "Study List"- The Sylvester Smith House (JT 0955) is across Highway 70 from the
proposed project to the east. The status of JT 0955 is "Surveyed Only"
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 1 00 -year floodplain?
-0yes 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 Flood Risk Information System
(www.fris.nc.gov/fris) FEMA DFIRM Panels #1676 Dated December 2, 2005
Sean Clark
01/19/18
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
AGENT AUTHORIZATION FORM
All Blanks to Be Filled In By the Current Landowner or Legal Representative
Name: 7 -c, -c,, o- S '53, Z-,(- e -
Address: J-0 V1 --y, -�r
Phone:
Project Name/Description: Zaytoun Property
Sage Project # 2017.03
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
1, the undersigned, a duly authorized owner of record of the property/properties
identified herein, do authorize representatives of the U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations and issuing a determination associated with Waters of the U.S. subject
to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act of 1899. 1 also hereby designate and authorize Sage Ecological
Services to act on my behalf as my agent in the processing of permit applications, to
furnish upon request supplemental information in support of applications, etc. from this
day forward.
This notification supersedes any previous correspondence concerning the agent for this
project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only
for government officials to enter the property when accompanied by Sage staff. You
should call Sage to arrange a meeting prior to visiting the site.
2 12, S '� J.� /- t- C �4-
BY: BY:
Print Name of Landowner or Signature of L-�ndo%Wnerror Legal
Legal Representative Representative
pres
EBX-Neuse 1, LLC Stream and Wetland Banks
Statement of Availability January 18,2018
U.S. Army Corps of Engineers
Samantha Dailey
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: East Hampton Subdivision
This document confirms that Zavtoun Enterprises LLC (Applicant) for the East Hampton Subdivision
(Zavoun Property) (Project) has expressed an interest to utilize 0.40 Rivarian Wetland Mitigation
Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank,
specificallyfrom the Howell Woods Site in the Neuse HUC 03 02020 1. As the official Bank Sponsor,
EBX-Neuse 1, LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1052.
Best Regards,
C0,4- A &i�-_
Cara S. Conder
Resource Environmental Solutions, LLC
3 02 Jefferson Street, Suite I 10
Raleigh, NC 27605
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Map Location USGS Topographic Map
NASH
Zaytoun Property
W WAKE WILSON Sage Project #2017.03 N
NASH
AKE
WILSON'
Powhatan Quadrangle
USGS Topography, December 2013
JOHNSTON January 23, 2017
TT
0 175350 700 1,050 1,400
AARNETT Feet
VVMT 114r-
Project Study Area
,ght! 2013 Nationallill ographik Society, i -cubed
Figure 1
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537
/ 1/ 0 jonnston L;ounty 6neet tj Sage Ecological Services, Inc.
JOHNSTON January 23, 2017 Office: 919-335-6757
Cell: 919-559-1537
0 175350 700 1,050 1,400
4ARNETT Feet
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;UMBE DSAMPSON
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DEPARTMENT OF PUBLIC UTILITIES
POST OFFICE BOX 2263
SMITHFIELD, N.C. 27577
(919) 989-5075
June 2, 2017
Sage Ecological Services, Inc.
Sean Clark
3707 Swift Drive
Raleigh, NC 27606
Subject: Neuse River Buffer Call
NBR# NB 17-008
Project Name: Zaytoun Parcel (NC PIN# 167600-66-3943)
Location / Directions: Hwy 70 Business
Subject Stream: UT to Reedy Branch (C, NSW)
Determination Date: May 31, 2017 Staff: Carlos Bagley
*E111P = Ephemeral/ Intermittentl Perennial
Explanation: The feature(s) listed above that are checked "Sub ect" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or
is not present on the property. There may be other streams located on your property that do not show up
on the maps referenced above but still may be considered jurisdictional according to the US Army Corps
of Engineers and/or the North Carolina Division of Water Resources.
Printed on recycled paper 0
Stream
USGS
Latitude
Longitude
Feature
ype
Not
Subject
Subject
Start (aD
Stop
Soil
Survey
(Dec.
(Dec.
(E/l/P)*
Topo
Degrees)
Degrees)
Sl
Ej
o
Flag-inu
SA 1 00
35.583145
-78.404419
S2
El
*E111P = Ephemeral/ Intermittentl Perennial
Explanation: The feature(s) listed above that are checked "Sub ect" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or
is not present on the property. There may be other streams located on your property that do not show up
on the maps referenced above but still may be considered jurisdictional according to the US Army Corps
of Engineers and/or the North Carolina Division of Water Resources.
Printed on recycled paper 0
This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer
Permitting Unit, or its successor. An appeal request must be made within sixty (60) days of the
date of this letter or from the date the affected party (including downstream and/or adjacent
owners) is notified of this letter. A request for a determination by the Director must be submitted
in writing with a copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650,
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at (919) 554-4884 and the Division of Water Resources 401 & Buffer
Permitting Unit at (919) 791-4200.
If you have any questions regarding this determination, please feel free to contact Carlos Bagley at (919)
209-8333 or via email at carlos. bam lcv� ii.- i oh nsto ii nc. coin.
Sincerely,
Carlos Bagley, PE
Environmental Manager
Johnston County Public Utilities
309 E. Market Street
P.O. Box 2263
Smithfield, NC 27577
Propertry Info"
Zaytoun Enterprises, LLC.
USGS Topographic Map NC PIN 167600-66-3943
350 175 0 350
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North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper Secretary Susi H. Hamilton
January 11, 2018
Sean Clark
Sage Ecological Services
3707 Swift Drive
Raleigh, NC 27606-2543
RE: East Hampton Subdivision; 2017.03
Dear Sean Clark:
NCNHDE-5062
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there are
no records for rare species, important natural communities, natural areas, or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
The attached 'Potential Occurrences'table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists and is
included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the
project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement,
or Federafly-listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at rodney.butlerO-ncdcr.00v or 919.707.8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS. Telephone. (919) 707-8107 LOCATION
4CC4 &A -a C -A- 4)4 W-� I- C4-4
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve,ora/content/heIp. Data query generated on January 11, 2018; source: NCNHP, Q4 October 2017. Please
your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
East Hampton Subdivision
Project No. 2017.03
January 11, 2018
NCNHDE-5062
Element Occurrences
Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID Scientific Name Common Name Last Element
Accuracy Federal
State Global
State
Group
Observation Occurrence
Status
Status Rank
Rank
Date Rank
Dragonfly or
33753 Somatochlora georgiana Coppery Emerald 2004 -Pre H?
5 -Very ---
Significantly G3G4
S2?
Damselfly
Low
Rare
Vascular Plant
2425 Carex reniformis Kidney Sedge 1949-04 H
4 -Low ---
Threatened G4?
S1
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve,ora/content/heIp. Data query generated on January 11, 2018; source: NCNHP, Q4 October 2017. Please
your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
NCNHDE-5062: East Hampton Subdivision
January 11, 2018
MProject Boundary
Buffered Project Boundary
Page 3 of 3
1:23,164
0 0.2 0.4 0.8 mi
0 0.3 0.6 1.2 km
Sources. Esn.. HERE, DeLmme, Intermap. increment P Corp., GEBCO, USGS.
FAO, NPS. NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan.
METI'Earl China (Hong Kong), simsstopo. Mapmylndia, ® OpenSSeetMap
contnuulors, and the GIS User Commundy
1:1TRICIVILWKS\PROJECTS\SMITH DOUGLAS\ZAYTOUN SUBDIVISION\DOCUMENTS\DWG\SHEETS\IMPACT PLANS\F-1 SITE PLAN 1 OF 2.DWG
MATCHLINE KEY
IT IS A VIOLATION OF LAW FOR ANY PERSON TO
ALTER THESE DOCUMENTS, UNLESS ACTING
UNDER THE DIRECTION OF A LICENSED
ENGINEER WITH RESPONSIBLE CHARGE.
NC GRID
NORTH
NAD 83
TRIANGLE
EAST HAMPTON SUBDIVISION
SITE PLAN 2 OF 2
SHEET NO.
CIVILWORKS
PROFESSIONAL ASSOCIATION
PLANNED UNIT DEVELOPMENT
F-2
ATE
NCBELS NO. C-2603
211TYLER DRIVE
zii SMITT HFIELD. NC 27577
WILSON'S MILLS, NC
100 0 10
1"=100'
01�03�2018
919-209-9955
I:\TRICIVILWKS\PROJECTS\SMITH DOUGLAS\ZAYTOUN SUBDIVISION\DOCUMENTS\DWG\SHEETS\IMPACT PLANS\F-2 SITE PLAN 2 OF 2.DWG
NC GRID
NORTH
NAD 83
IMPACT NO. 1 TABLE
WETLAND IMPACT AREA:
5,408 SF (0.124 AC)
IMPACT LEGEND
ElWETLAND IMPACT
F-71 ZONE 1 RIPARIAN
BUFFER IMPACT
_.._ ZONE 2 RIPARIAN
L_...__._; BUFFER IMPACT
IT IS A VIOLATION OF LAW FOR ANY PERSON TO
ALTER THESE DOCUMENTS, UNLESS ACTING
UNDER THE DIRECTION OF A LICENSED
ENGINEER WITH RESPONSIBLE CHARGE.
TRIATRIANGLE
EAST HAMPTON SUBDIVISION
IMPACT AREA NO. 1
SHEET NO.
ORE
PROFESSIONAL ASSOCIATION
PLANNED UNIT DEVELOPMENT
F-3
ATE
NCBELS NO. C-2603
2TYLER DRIVE
HFIELD. NC 27577
zii SMITHFIELD,
WILSON'S MILLS, NC
1"=20' 20 20
01/03/2018
919-209-9955
I:\TRICIVILWKS\PROJECTS\SMITH DOUGLAS\ZAYTOUN SUBDIVISION\DOCUMENTS\DWG\SHEETS\IMPACT PLANS\F-3 IMPACT AREA NO. 1.DWG
\ APPROX. LOC.
\ 50' NEUSE RIPARIAN \ • \
\ BUFFER
CONC. HEADW
EX. STREAM \�\
WETLANDS � / - ' \�
30' ZONE 1 /
RIP RAP
OUTLET
PROTECTION
\ ZONE 1 BUFFER IMPACT
W va ► y
/ WETLANDS
WETLAND IMPACT �-
i
CONC. HEADWALL
I 11
Y �
1
ZONE 2 BUFFER IMPACT
1 I \
I \
\ r \
I 242'
I \ \
NC GRID
NORTH
NAD 83
IMPACT NO. 2 TABLE
BUFFER IMPACT AREA:
ZONE 1: 1,359 SF (0.031 AC)
ZONE 2: 2,915 SF (0.067 AC)
WETLAND IMPACT AREA:
3,255 SF (0.075 AC)
NOTE: CULVERT 2
- 55' LF CONC. BOTTOM
2'-11" HIGH X 9'-0"
WIDE SINGLE RADIUS ARCH
IMPACT LEGEND
4IT IS A VIOLATION OF LAW FOR ANY PERSON TO
ALTER THESE DOCUMENTS, UNLESS ACTING
UNDER THE DIRECTION OF A LICENSED
ENGINEER WITH RESPONSIBLE CHARGE.
TRIANGLE
WETLAND IMPACT
IMPACT AREA NO. 2
ZONE 1 RIPARIAN
CIVILWORKS
PROFESSIONAL ASSOCIATION
Fzii
BUFFER IMPACT
t�
ZONE 2 RIPARIAN
I �1
NCBELS NO. C-2603
2T TYLERLD. NC 2E
SMITHFIELD. NC 27577
BUFFER IMPACT
4IT IS A VIOLATION OF LAW FOR ANY PERSON TO
ALTER THESE DOCUMENTS, UNLESS ACTING
UNDER THE DIRECTION OF A LICENSED
ENGINEER WITH RESPONSIBLE CHARGE.
TRIANGLE
EAST HAMPTON SUBDIVISION
IMPACT AREA NO. 2
T NO.
17F
CIVILWORKS
PROFESSIONAL ASSOCIATION
Fzii
PLANNED UNIT -DEVELOPMENT
t�
ATE
NCBELS NO. C-2603
2T TYLERLD. NC 2E
SMITHFIELD. NC 27577
WILSON'S MILLS NC
�
1„=20' 20 0 20
01/03/2018
919-209-9955
k
1:\TRICIVILWKS\PROJECTS\SMITH DOUGLAS\ZAYTOUN SUBDIVISION\DOCUMENTS\DWG\SHEETS\IMPACT PLANS\F-4 IMPACT AREA NO. 2.DWG
----------------------
o SCM #1
WET DET. POND
NC GRID
NQRTH
NAD 83
\ / r r ` i - IMPACT NO. 3 TABLE
( i - TEMP. WETLAND IMPACT AREA:
2,207 SF (0.051 AC)
\ r +TEMP. WETLAND IMPACT r - - .r _ `OPEN SPACE: -41
- _ - _ . _
WETLANDS , r _ r . .
IMPACT AREA #4 +SSMH 1 IMPACT NO. 4 TABLE
-- — _ TEMP. WETLAND IMPACT AREA:
\ - - - - - - - - - - • • - • . . 301 SF (0.007 AC)
" • \ \ ` ` IMPACT LEGEND
PUMP
" • . \ STATION WETLAND IMPACT
57 \ \ a . r r . _ N •.• _ _ _ .
• \ 1 ZONE 1 RIPARIAN
\ \ BUFFER IMPACT
236'
\ / 235'•
e� ZONE 2 RIPARIAN
\ _ -
TEMP. WETLAND IMPACT BUFFER IMPACT ` \ -..
O.. . . . .
` IMPACT AREA #3
_ SSMH 12
\ WETLANDS
SCM #2
OLIVER'S LANE / / \ I WET DET POND
CUL-DE-SAC- \
`�s • r IT IS A VIOLATION OF LAW FOR ANY PERSON TO
ALTER THESE DOCUMENTS, UNLESS ACTING
UNDER THE DIRECTION OF A LICENSED
ENGINEER WITH RESPONSIBLE CHARGE.
TRIANGLE
ANGLE
EAST HAMPTON SUBDIVISION
IMPACT AREAS NO. 3 & 4
SHEET NO.
CIVI
PROFESSIONAL ASSOCIATION
PLANNED UNIT -DEVELOPMENTF-5NCBEu
ATE
NO. C-2603
2TYLER DRIVE
zji SMITT HFIELD, NC 27577
WILSON'S -MILLS, NC
30 0 30
1"=30'
01/03/2018
919-209-9955
11
I:\TRICIVILWKS\PROJECTS\SMITH DOUGLAS\ZAYTOUN SUBDIVISION\DOCUMENTS\DWG\SHEETS\IMPACT PLANS\F-5 IMPACT AREA NO.3 & 4.DWG