HomeMy WebLinkAbout20200285 Ver 2_Permit Information Packet_Final 0101821_20210118Attachments
Highgate Subdivision
Standard Permit Information
January 2021
1.0 Project Information
Project Name: Highgate Subdivision
Prior AID#: SAW-2020-00395
Prior DWR#: 20-1143
Applicant Info: Creech, LLC
Raymond Gottlieb
448 Viking Drive, Suite 220
Virginia Beach, VA 23452 USA
Email: roan@lmssi.com
Telephone: (919) 723-7070
Owner Info: Everland-Lee, LLC
Lanny Clifton
104 State Ave, Suite 103
Clayton, NC 27520
Email: lannycliftonbuilder@email.com
Telephone: (919) 971-5353
Authorized Agent: Wyatt Brown
Brown's Environmental Group, Inc.
242 Batten Farm Rd
Selma, NC 27576
Email: brownenverp@email.com
Telephone: (919) 524-5956
Agent Authorization: See Attachment A: Agent Authorizotions
Highgate Subdivision
Standard Permit Information
January 2021
Project Name: Highgate Subdivision
Clayton, NC Johnston County
Project Location: SE Quadrant of Shotwell Road & Covered Bridge Road
Location Map: See Figure 1: Location Map
Property PIN#(s): Tract A: 175000-70-2611 47.59 acres
Tract B: 175000-50-8319 11.34 acres
Total Acreage: 58.93 acres
Property Records: See Attachment B: Property Records
See Figure 2: Project Parcels Map
Project Coordinates: 35.67208' N;-78.47350° W
Nearest Waterbody: Neuse River; Class WS-IV, NSW
River Basin: Neuse 030202011103
Adjacent Properties: See Attachment C: Adjacent Property Owners Table
See Figure 3: Project Parcels & Adjacent Properties Map
Highgate Subdivision
Standard Permit Information
January 2021
2.0 Project Description (Box 18. Nature of Activity)
The Highgate Subdivision is a 229-Lot single-family residential division currently being developed in
Johnston County, NC. The subdivision is comprised of five low -density residential phases, with a central
recreation/mail center. Infrastructure and utilities include the required roadways, water & sewer service
(Town of Clayton), power, natural gas, and stormwater control. Greenway and open space areas are
also included as amenities and connectivity.
See Attachment D: Highgate Subdivision Overall Layout and Adjacent Properties.
Background
The property for the Highgate Subdivision was purchased by the current owners in 2005 with the
purchase of 4 tracts. Two of the tracts have become the Highgate Subdivision. Two additional tracts
adjacent to the south are not a part of the project.
The rezoning for the project was approved concurrently when the Town approved the subdivision plans
in 2015. The project site was already located within the Town limits when the subdivision was approved
in 2015.
The 2016, the main tract was purchased by Creech NC, LLC in 2016 and development began operations.
Construction of Phases 1-4 are currently underway on this tract. Note: the current configuration of this
tract has changed as lots have been created to sold to individual owners.
Prior Permitting and Approvals
The following approvals for the subdivision have obtained:
Nov 2, 2015 Town of Clayton Subdivision Approval
Mar17, 2016 NCDWR Wastewater Collection System Extension Permit
Apr 7, 2016 NCDWR Water Main Extension Permit
Apr 4, 2016 Johnston County Erosion & Sediment Control Plan Approval
Stormwater Plan Approval
May 3, 2016
DOT Encroachment Contact
Oct 20, 2017
DOT Traffic Impact Analysis
Aug 2, 2018
Town of Clayton Lot Recording Phase 1
Oct 14, 2019
Town of Clayton Lot Recording Phase 2
Sep 15, 2020
Town of Clayton Greenway Construction
Oct 13, 2020
NCDWR WQC 4139 DWR# 20-1143
Oct 27, 2020
USACE NWP 18 AID# SAW-2020-00395
Highgate Subdivision
Standard Permit Information
January 2021
Prior USACE/NCDWR Water Quality Permitting
USACE NWP 18 was issued Oct 2020 authorizing impacts for construction of a stormwater management
basin, impacting 0.442 acres of emergent wetland. NCDWR WQC 4139 issued Oct 2020 certifying
authorized impacts.
See Attachment E: Prior4041401 Permitting
Prior Mitigation
Mitigation was paid for 0.45 acres of wetland impact authorized in the Oct 2020 NWP29.
Development Plan & Schedule
As referenced above, subdivision approval was obtained from Town of Clayton in 2015. Construction
began in 2016, following approval of water and wastewater utility permits, Erosion & Sediment Control
Plan, Stormwater Management Plan, and DOT Encroachment Agreement.
Construction in Phases 1 and 2, including infrastructure, utilities, and amenities has been completed.
Construction continues today in Phases 3 and 4.
Continued development of Phase 5 of the Highgate Subdivision requires the construction of Roadway G.
Site Plans show the roadway extending from near the main entrance off Covered Bridge Rd through the
developable uplands and exiting the subdivision to the west, near Shotwell Rd. Construction of the
roadway will require a road crossing of a headwater forest wetland and a second road crossing of a
separate headwater forest wetland and perennial stream. A third impact will be required along
Shotwell Rd to accommodate utility construction.
See Attachment F: Site Plans and Impact Maps.
Upon obtaining necessary approvals, construction will begin in Phase 5 and will continue through
completion.
Highgate Subdivision
Standard Permit Information
January 2021
3.0 Site Description (Box 18. Nature of Activity continued)
The Highgate Subdivision is located near the northern boundary limits of the Town of Clayton in
Johnston County, NC. The 229-lot subdivision is approximately 58.93 acres and is bordered by Covered
Bridge Road to the north, Shotwell Road to the west, an unnamed perennial stream to the southwest,
and private residences and undeveloped timberland to the south and east.
Construction at the site began in 2016. Prior to construction, the property was agricultural use and
forest lands.
Phase 5 of the Highgate Subdivision is comprised of approximately 11.34 acres, as shown on the
included aerial photo. This property was formerly in agricultural use and currently undisturbed. This
area is comprised primarily of successional pine forest mixed interspersed with fallow clear areas.
See Figure 4: Aerial Photograph
A jurisdictional farm pond was formerly situated in the approximate center of the western project
boundary; however, the dam of this pond breached in 2016, resulting in entire drainage of the pond.
The former pond bed remains present and is considered an emergent wetland area. Two jurisdictional
streams flow into the former pond bed from the north and northwest, and one perennial jurisdictional
stream extends south from the former pond outfall to the southern property line.
A mature mixed hardwood/pine forest extends along the perennial stream situated on the southwest
property boundary.
See Figure 5: USGS Topographic Map
See Figure 6: NRCS Soil Survey Map
There are no FEMA 100-Year floodplains mapped on the subject site (Reference: Johnston County GIS
Services, 2018).
JD for Subdivision — Phase 5
A Stream Buffer determination letter was issued by NC DWR on June 9, 2017.
See Attachment G: NCDWR Stream Buffer Determination Letter
Streams, wetlands, and open waters were delineated on the site in Jan 2020. On the Phase 5 property,
two wetland areas — Wetland AB2 and Wetland C — were located as well as the perennial Stream 1,
which is present throughout the property.
See Attachment H: Wetland Delineation Map
Highgate Subdivision
Standard Permit Information
January 2021
4.0 Project Purpose & Need (Box 19. Project Purpose)
Construction of the Highgate Subdivision will create single-family residential housing to meet the
current high demand for residential housing in the in the western Johnston County area. This area is
contiguous with the overall Raleigh/Durham/Research Triangle Area and provides housing for many who
work in the overall area.
The project is needed to meet the high demand for residential housing in the Town of Clayton area, and
therefore the Droiect is not water dependent.
5.0 Alternatives Analysis
Because the owner/applicant already owns the land for the subdivision, including the proposed
additional Phase 5, no offsite alternative analysis was conducted. Offsite options would be
geographically separated from the Highgate Subdivision, and as such, would not be a part of the project.
6.0 Proposed Impacts (Block 20. Reasons for Discharge)
The use of the culverts for the roadway are necessary to maintain sufficient drainage of the roadway.
Bridging the wetland and stream drainage areas is not a cost-effective alternative for this project.
Avoiding the crossings by trying to access upland roads to Covered Bridge Rd would not be allowed due
to traffic constraints near the intersection of the Covered Bridge and Shotwell Rds.
Block 21. Types of Material Being Discharged and Amount of Each Type
Wetland Impact #1
Wetland C
Permanent
Road Fill
0.038 acres
Wetland Impact #2
Wetland AB2
Permanent
Dissipater Pad
0.253 acres
Wetland Impact #3
Wetland AB2
Permanent
Utility Fill
0.004 acres
Stream Impact #1
Stream 1
Permanent
Culvert/Road Fill
61 LF
Stream Impact #1a
Stream 1
Permanent
Inlet & Outlet Protection
26 LF
Stream Impact #2
Stream 1
Permanent
Water Utility
23 LF
Highgate Subdivision
Standard Permit Information
January 2021
Design specifications show construction of the roadway and utility will require a total of 0.296 acres of
permanent wetland impacts and 110 linear feet of permanent stream impacts, as shown below:
Detail of the stream and wetland impact details are included in the attached Impact Maps (see
—), which include 1) Highgate Subdivision Stream Buffer and Wetland Impact Map, 2)
Wetlands Impact Map, 3) Stream Crossing/Buffer Impact Area #1, and 4) Stream Crossing/Buffer Impact
#2.
Highgate Subdivision
Standard Permit Information
January 2021
7.0 Avoidance & Minimization (Block 23. Description of Avoidance, Minimization,
and Compensation)
Design Minimization Phase 5
Prior to site design, streams and stream buffers were determined and concurrence received from the NC
DWR (see Attachment D).
Onsite jurisdictional streams, wetlands and/or open waters were delineated prior to project design, and
design elements included avoidance of impacts to resources, where possible.
To provide access to all available uplands for development, the roadway impacts could not be avoided.
Wetland Impact #1 (impact is to Wetland Q:
This impact results from the construction of the main roadway through the additional phase of
construction.
The roadway extends west from the subdivision entrance road, it is aligned towards the north, avoiding
impacts to the stream located offsite to the south. In addition, the road is designed with minimal size
requirements to meet standard construction specifications, minimizing the overall impact.
Wetland Impact #2 and Stream Impact #1:
This crossing was originally not intended to be part of the Highgate Subdivision. The Town of Clayton
required this crossing as part of the overall subdivision approval to accommodate future use planning,
not associated with this project.
The roadway has been aligned to cross the stream in an approximate perpendicular angle, minimizing
linear footage of steam impact and acreage of wetland impact adjacent to the stream.
Headwalls are used to reduce the amount of stabilizing fill required for the roadway, thereby reducing
the linear footage of the stream impact.
Wetland Impact #3 and Stream Impact #2:
This is a utility crossing for water line required by the Town of Clayton. The utility will cross the stream
at an approximate 90 degree angle, reducing the overall impact. In addition, this impact is situated as
close to the DOT right of way and fill slope of Shotwell Rd, essentially extending the existing roadway
impact by approximately 23 ft.
Due to the proximity of the roadway, a complete restoration of this impact is not possible, and as such is
considered a permanent impact.
Highgate Subdivision
Standard Permit Information
January 2021
Construction Minimization
Impacts from construction will be minimized through the use of erosion and sedimental control
measures. In addition, access to the construction areas will be from high ground. Where possible,
construction equipment will not be stationed in the wetlands or streams, avoiding additional temporary
impacts.
Compensatory Mitigation
Mitigation is proposed for wetland impacts only, which total 0.296 acres. Mitigation is proposed at a 1:1
ration based on prior mitigation requires of the same wetland area. This total is cumulative with the
previous 0.45 acres of impacts authorized in the previous Oct 2020 NWP29.
See Attachment I: Statement of Availability (Mitigation Credits)
Highgate Subdivision
Standard Permit Information
January 2021
8.0 Endangered Species Act
A USFWS Information for Planning and Consultation (IPaC) report IPAC was generated Jan 30, 2020 to
obtain a list of T&E species and/or designated critical habitats that may occur in the project location
and/or may be affected by the proposed Highgate Subdivision. A summary of species was included in
the Original PCN application as follows:
• Red Cockaded Wood Pecker-: "The red -cockaded woodpecker makes its home in mature pine
forests." The Pine Trees on this site are young trees, not mature pines. No effect.
• Neuse River waterdogs-"are usually found in streams wider than 15 meters (m), deeper than
100 centimeters ( cm), and with a main channel flow rate greater than 10cm'second. Further,
they need clean, flowing water characterized by high dissolved oxygen concentrations." Our
stream 1 is —3 ft wide, slow flowing and part of it goes into a braided wetland. No effect.
• Carolina madtoms-"Prefer clean water with permanent flow and are not tolerant of siltation and
turbidity." Stream 1 is a typical small urbanized stream with a watershed of recently built S/D's
causing the stream to be turbid and silty, the area of the crossing is inside a previous pond site,
the dam failed a few years ago, the previous impoundment bottom is silty. No effect.
• Atlantic pigtoe-" is dependent on clean, moderate -flowing water with high dissolved oxygen
content, the most abundant populations existed in creeks and rivers with excellent water
quality, and where stream flows are sufficient to maintain clean, silt -free substrates." As stated
Stream 1 is a small, urban stream, flowing through a breached pond impoundment with relic silt
and sediment. No effect.
• Dwarf Wedge Mussel -"To survive, they need a silt -free, stable streambed and well oxygenated
water free of pollutants." As stated Stream 1 is a typical small urban stream that is silty. No
effect.
• Michaux's sumac -the project area has small growth pines, I have walked around the site and did
not observe Michaux's sumac. No effect.
Critical Habitat was not identified within one mile of project area.
See Attachment J: USFWS IPaC Report
Highgate Subdivision
Standard Permit Information
January 2021
10.0 National Historic Preservation Act
A review of SHPO
The Ellington Ellis Farm is located to the west of our site on old US 70. Our project is outside the blue
box. There is a S/D between our project and the farm house.
The Ellis Creech Farm House is located just south of our project. I don't know the significance of this
structure. I attached an aerial .
See Attachment K: NCSHPO Map
Highgate Subdivision
Standard Permit Information
January 2021
11.0 Stormwater Management
The project is subject to the Johnston County stormwater requirements. A stormwater management
plan for the project was approved in April 2016.
See Attachment L Stormwoter Management Plon Approval
Highgate Subdivision
Standard Permit Information
January 2021
12.0 Cumulative Impacts
Following the completion of Phase 5, there are no further plans for development of the Highgate
Subdivision.
Block 24. Is Any Portion of the Work Already Complete: Yes/No
Yes. See Section 2.0 Project Information
Block 25. Addresses of Adjoining Property Owners
See Attachment C: Adjacent Property Owners —Name and Address
Block 26. List of Certifications of Approvals/Denials received from other Federal, State, or Local
Agencies for Work Described in This Application
See Section 2.0 Project Description
Attachment A:
Agent Authorization
November 15, 2019
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr, Andy Williams
Re: Highgate Section 5, Johnston County
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, 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. The property's PIN
number is 175000-50-8319 and owned by Everland Lee, LLC.
Also, Mr, Wyatt Brown of Brown's Environmental Group, Inc. has my permission to act as my agent on
this property concerning wetlands and streams.
D A
January 10, 2020
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Andy Williams
Re: Highgate Section 5, Johnston County
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, 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. The property's PIN
number is 175000-50-8319 and owned by Everland Lee, LLC.
Also, Mr. Wyatt Brown of Brown's Environmental Group, Inc. has my permission to act as my agent on
this property concerning wetlands and streams.
I
Raymond Go'tlieb
Creech NC, LLC
Manager
Attachment B:
Johnston County GIS
Property Records
ORTH RIDGE SN?2I4AE TWO
D PH
2
* * * DISCLAIMER * * *
Johnston County assumes no legal responsibility for the information represented here.
PVA
4 & 6
id:
Tag:
NCPin:
Mapsheet No:
Owner Name 1:
Owner Name 2:
Mail Address 1:
Mail Address 2:
Mail Address 3:
Result 1
05GO1012Q
05GO1012Q
175000-70-2611
1750
CREECH NC, LLC
448 VIKING DR STE 220
VIRGINIA BEACH, VA
E
23452-7331
Site Address 1: 142 BALLAST PT
Site Address 2: CLAYTON, NC 27520-
Book: 04783
Page: 0762
I�
Market Value: 1995560
Assessed Acreage: 47.590
Calc. Acreage: 47.590
Sales Price: 3258000
Sale Date: 2016-06-20
Scale: 1:13002 - 1 in. = 1083.51 feet
Johnston County GIS
(The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) November 11, 2020
iOH
9UNW (
NORTH.CAROLINA
DISCLAIMER
Johnston County assumes no *Ie*gal responsibility
\
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Result I
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1
.,,,.
000-50-8319
,
Owner Name 2:
. ���
-
..1/
Address
,
Site Address 1:
AddressSite
_ .� _•
Book:
02916
Page:
Market Value:
0504
•••��
• .•
Calc. Acreage:•
40
Sales Price:
3580000
Sale Date:
2005-06-14
v
,III
1:13002
1 in. 1083.51
Johnston County GIS
(The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.)
November 11, 020
Attachment C:
Adjacent Property Owners
Parcel ID Name
Highgate Subdivision
Phase 5 Adjoining Property Owners
Address
05G01012R
EVERLAND-LEE LLC
104 STATE AVE STE
103
05G01030D
CREECH NC, LLC
448 VIKING DR STE
220
05G01030E
MILLS, SHERROD A.
92 BALLAST PT
05G01012M
JOHNSON, SANDRA SLOAN
LEU, DONALD J
103 COVERED BRIDGE
ROAD
05G01012Q
CREECH NC, LLC
448 VIKING DR STE
220
05G01012A
EVERLAND-LEE LLC
104 STATE AVE STE
103
05G01012H
CREECH, DAVID WAYNE
143 COVERED BRIDGE
RD
05G01012G
WHITE, DAVID GEORGE
WHITE, AMY CREECH
207 COVERED BRIDGE
RD
05GO1011E
COLCLOUGH, THOMAS M
COLCLOUGH, CASSANDRA M
73 COVERED BRIDGE
RD
05G01015T
MARTINEZ, ROBERTO CRUZ
2 SEVEN OAKS DR
05G01015U
BECK, DAVID CHARLES
BECK, ERIN PAIGE
1 ANNIE V DR
05G01015B
KELLY, DIANA ELLIS
KELLY, KEVIN EUGENE
1 SEVEN OAKS DRIVE
05G01011
CREASY, KATHRYN ANN
CREASY, DONALD J
1577 SHOTWELL RD
City State Zip
CLAYTON, NC 27520-5116
VIRGINIA BEACH, VA 23452-7331
CLAYTON, NC 27520-6212
CLAYTON, NC 27520-0000
VIRGINIA BEACH, VA 23452-7331
CLAYTON, NC 27520-5116
CLAYTON, NC 27520-7055
CLAYTON, NC 27520-0000
CLAYTON, NC 27520-7056
CLAYTON, NC 27520-8033
CLAYTON, NC 27520-8030
CLAYTON, NC 27520
CLAYTON, NC 27520-7057
Attachment D:
Highgate Subdivision Site Plans
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HIGHGATE SUBDIVISION OVERALL
LAYOUT AND ADJACENT PROPERTIES
---_----- _----__
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Attachment E:
Prior Permitting
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00395 County: Johnston U.S.G.S. Quad: NC -Clayton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee:
Creech NC, LLC
Raymond Gottlieb
Address:
448 Viking Drive, Ste 220
Virginia Beach, VA 23452
Telephone Number:
919-723-7070
E-mail:
ryan(a imssi.com
Size (acres) —48 Nearest Town Clayton
Nearest Waterway UT Neuse River River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.67208
Longitude:-78.47350
Location description: The High Gate subdivision is located in the southeastern Quadrant of the intersection of Covered Bridge
and Shotwell roads in the Town of Clavton. Johnston Countv. NC. The first two phases of the proiect are in various stages of
completion.
Description of projects area and activity: This verification authorizes the after -the -fact use of Nationwide Permit (NWP) 18 to
construct a stormwater basin within an old pond bed. The basin impacted 0.442 acre of emergent wetland (Impact W1).
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 18. Minor Discharges
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application received on 9/8/2020, and the enclosed plans Stormwater Wet Pond 41 Detail Sheet dated 6/1/2015.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Christopher Hopper at (919) 554-4884 (x35)or christopher.d.hopper(ausace.army.mil.
Digitally signed by
HOPPER.CHRISTOP HOPPER.CHRISTOPHER.D.119
4375979
HER.D.1194375979 Date: 2020.10.2816:12:00
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
-04'00'
Date: 10/27/2020
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
http://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0
Copy furnished:
Agent:
Brown's Environmental Group, Inc.
Wyatt Brown
Address:
242 Batten Farm Road
Selma, NC 27576
Telephone Number:
919-524-5956
E-mail:
brownenvizrp(W,gmail.com
Action ID Number: SAW-2020-00395 County: Johnston
Permittee: Creech NC, LLC, Raymond Gottlieb
Project Name: Highgate Subdivision
Date Verification Issued: 10/27/2020
Project Manager: Christopher Hopper
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Christopher Hopper
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
christopher.d.hopper@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
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Compensatory Mitigation Responsibility Transfer Form
Permittee: Creech NC, LLC, Raymond Gottlieb
Project Name: Highgate Subdivision
Action ID: SAW-2020-00395
County: Johnston
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), 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 (USACE) 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: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.45
*If more than 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: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.45
Mitigation Site Debited: Falling Creek Mitigation Site: Falling Creek Stream and Wetland 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:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
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.
• 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 USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from Wildlands Holdings, confirming they are willing and able to accept the
applicant's compensatory mitigation responsibility, dated 9/2/2020 was included with the preconstruction notification.
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, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Christopher Hopper
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: christopher.d.hopper@usace.army.mil
signed by
HOPPER.CHRISTOP DOPPEIR.CHRISTOPHER.D.119437
HER.D.1194375979 5979
Date: 2020.10.28 16:13:02-04'00'
USACE Project Manager Signature
10/27/2020
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
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
October 13, 2020
Creech NC, LLC
Attn: Ray Gottlieb
448 Viking Drive, Suite 220
Virginia Beach, VA 23452
NORTH CAROLINA
Environmental Quafity
DWR #20-1143
Johnston County
Subject: AFTER -THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
High Gate BMP
Dear Mr. Gottlieb,
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on September 4, 2020 with
payment received on October 9, 2020. The impacts are covered by the attached General Water
Quality Certification Number 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S.
Army Corps of Engineers (USACE). Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)(c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
W1: Stormwater BMP
0.442 (acres)
0 (acres)
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609
919.791.4200
High Gate BMP
DWR #20-11143
401APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Johnston County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Johnston County. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from Wildlands Holdings III, LLC and
the Falling Creek Stream and Wetland Mitigation Bank to meet this mitigation requirement.
The specific bank site to be debited will be the Falling Creek Site Site located in HUC
03020201. Until Wildlands Holdings III, LLC receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Certification shall
occur. For accounting purposes, this Certification authorizes payment to Wildlands
Holdings III, LLC to meet the following compensatory mitigation requirement [15A NCAC
02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -Basin
Number
Wetlands
0.442 (acres)
Wildlands Holding III, LLC
Neuse: 03020201
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
High Gate BMP
DWR #20-11143
401APPROVAL
Page 3 of 4
6. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Friday between 8:00am and 5:00pm, excluding official state holidays).
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR —401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
High Gate BMP
DWR #20-11143
401 APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR —401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or
stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
Oocu Signed by:
[a,
n
GDA8D825NA460
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4139
cc: Chris Hopper, USACE Raleigh Regulatory Field Office (via email)
Wyatt Brown, Brown Environmental Group, Inc. (via email)
DWR RRO 401 files
DWR RRO 401 & Buffer file via Laserfiche
Attachment F:
Site Plans/Impact Maps
350
J
J
340
a
a
330
T
Xl
n
0,� 320
o
3 :aJ
TI 1
�I 310
300
0
n
cn
\�
.+y '` ZONE 2 : , �` ZONE 2 IMPACT
_ _ .
ZONE ,.
ZONE 1 IMPACT
+ %• r J
-ZONE 1Yy .` ": .i. •y✓ r.fY `�
:' _•_ '• : ; . "; : .STREAM "IMPACT_ : =
Q
w
PROPOSED
ROAD T0130
STREAM
CHANNEL
AP DISSIPATER
PAO
�RIPFAP
21 X 16'W
12"T
DISSIPATE
2—
8" RCP7
141
X 16'W X 1
(NOTE BURIED
25%)
CD
01
M
r7
O
I-
M
f7
N
M
M
M
M
;��SiI��i�•�i�ES�I��Es•Y!.
350
340
330
320
2 PAD
i"T
310
300
LIMIT OF DIS7URBANCE
Lu
Lu
4 f i
h SCALE: 1 " = 60'
30 60 1 0
STREAM BED IMPACT
TOTAL STREAM BED IMPACT
87 L.F.
CULVERT AND ENDWALL IMPACT
61 L.F.
INLET AND OUTLET PROTECTION IMPACT
26 L.F.
RIPARIAN BUFFER IMPACT
ZONE 1
ZONE 2
7,319 SF.
3,910 SF.
I G L A I V tt A I G 1
RIPRAP ENTRANCE PAD
TO BE INSTALLED FLUSH
WITH THE STREAM BED
OF
EAM
141 X 16'W X 12"T
RIPRAP DISSIPATER PAD
TO BE INSTALLED FLUSH
WITH THE STREAM BED
TYPICAL CULVERT INSTALLATION DETAIL
NOT TO SCALE
STREAM CROSSING / BUFFER IMPACT AREA #1
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
J
WIC
R
MIC
320
310
300
E
ISTING
GROUND
8" C-900 PC
235 WATER
LINE (3' MINIMUM
COVER)
2
J
W
O
a
L
o
Lo
M
N
N
N
M
vi
M
M
0+00 0+50 1+00 1+50
W171
320
310
300
LIMIT OF DISTURBANCE
SIL T FENCE
ZONE 2 IMPACT _
ZON
ZONE 1 IMPACT y'
\
.
STREAM IMPACT \ ; '. \—;\\; • y
`` �' •c \)�•. • �.�.' ' •ZONE y
—� \ \ • ' \ZONE
SCALE: 1 " = 50'
25 50 160
STREAM BED IMPACT
TOTAL STREAM BED IMPACT 23 L.F.
RIPARIAN BUFFER IMPACT
ZONE 1
ZONE 2
894 SF.
354 SF.
STREAM CROSSING / BUFFER IMPACT AREA #2
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
U--_--
rr 6 WETLAND IMPACT AREA 3 UTILITY= -" \ ` \1—�
CONSTRUCTION)— 175 S.F.=— /
.7.- —T---r_— --_f ( I ( ( 1-'x8" E
SR 1553 I SHOT ELL ROAD - 701'\PUBLI6 RIW \ I� I I \ \ 1� I \ 3�8",8
GATE VALbE
8" C-900 PC 235 WATER --- ----- �——25'-RIPF1
/ 10' PUBLIC \ ( We / RAY �SERV�TIONI
LINE (3' MINIMUM COVER) `
GREENWAY
0 /
oSU /CN/BU :ER
04
--v � L- �i I / r I � ri g o�epNK) :,. .•;;, ;.r....({,'..:�:: r; / / / / v v 1 / ( I / c ` �� �--- vv �v � N�vv
� — — —'s r �' r� ...�r:. .• ..�... ::?:::>4 /.' / r' � / — A v v 1 1 � I 1 s� aansE.� A A'vA ooAv A:'
/ DEVELOPMENT BOUNDARY / / / / .'� •'t"':'�''�✓ 7': � / / ,unp sr, in sr l I l 1 �'
�y�
oO
r � / r i,::; :. ..• .'.L/.�.,�; I A r ` V v<sss � l I A V A� AA � \V A I
r r (,::, 1.�::`Y.•.; ..:�.�:y., l I 18 � 15 vv A � �� _ / ( fV AO V A A
(BY OTHERS) �1 �% / I:':'I':': ;.�r��: •''.':'�(�.1:;.' / / a(rsa sr. �� / \ \ \ \ ` \�y �.\\ \
/ Ar / �. .. .. �. ��.•;: ,;'{�.{, :.!', / / / '�\ is / \ \ \ � 1 I tTry.� I ��\\\ 0\\\ \ \
� � ,Yj i � 1 I /III /� L � A v _ I A ` � A �A P A A �•�
/r�ir 1v. ,.. 1•'}III/q v /1 sF. �s� v � I v �� v�L�\`'•:
WETLAND IMPACT AREA #2 (ROAD '/ Ilr./Gf x\ `'-•;..� •�5; 1. A 1 1 11.�� ' vv v vv v �v f s` v. .v \V A v v vvvv� o
CONSTRUCTION)— 11,023 S.F.
/ �1I ••.'j:',.':h: ••�� \ n osr. \ \ I \ \ ,__ \\\ \\\\ RIGHT OF
WAY / // [' ..k ...�.' .. •..'. ••.'.r.�J�.' Y�.✓, :. \ / ` � \ � I 1 \ \ \ \ WAY RESERVAi
z v 33
/ // "�`� •�!r ;i,•.\.'..1• 11 I \ __—_ z5 sr./ :!'¢::'i. A \ \ \ \ \ \\\ 10' PUBLIC
y:I�:T: �.:�: �.i..�'i+s,a � / � \ I \� \\\\\I GREENWAY
5q RIPARI 'BUCfQR'•'• '.�,• 11 \ 24 / .s" 'vf �. .; .:.� :�__.30` / '� / / \ \ \\\`\ \ 8" C-900 PC 235 WATER
(MEASURE Q Ff(OM• •,1. I \ � � e✓ J 'Y.�: — •��Z�:"�.: ;.��.":�:�: ;: ;.. >z. I n \ \\ \\\`\ ` LINE (}• MINIMUM COVER)
/ �•'�."'• '`�•'t' � �.\.. _ / \ 1 � \ \ \
I \
r.
I
\ \
\
\ w
Z \ i
N
— :�'�✓�:� ���50' RIPARIAN BUFFER
�•,Y•' 1
MEASURED FROM
\ \
4'.
\ o
— \ 5
— � J
—BANK)I \ ' TOP OF
Z .'� S RIPARIAN` U\
\` J
SURED FROM, TOP '
\ N:
�1 I
\
OF BPfaC1 SCALE: 1" = 60'
-.-.-�.. .. — 0 3D so 120 180\`-
--- a \
- w \ \ \
%
WETLAND IMPACT AREA #1 (ROAD
CONSTRUCTION)— 1,695 S.F.
II
C 90o PC 235 WATERINSTPLL 2" TEMPORARY 48'
LINE (3' MINIMUM COVER) / DEVELOPMENT BOUNDARY
BLOW -OFF ASSEMBLY E fi
AT PROPERTY UNE
/.
/
/
SCALE: 1" = 20'
WETLAND IMPACT AREA #3 10 zo ao
CALL BEFORE YOU DIG!
NORTH CAROLINA LAW REQUIRES NOTIFICATION OF
THE UNDERGROUND FACIUTY OMER NOT LESS
MAN TWO (2) BUT NO MORE MAN TEN (10)
WORKING DAYS PRIOR TO EXCAVATION OR
DEMOUPON
® North Carolina One -Call
Cenne�rc Inc.
g
1-800-632-4949
WETLAND IMPACTS
IMPACT AREA #
AREA (SC.FT. / ACRE)
1
1,695 SF / 0.0389 AC.
2
11,023 SF / 0.2530 AC.
3
175 SF / 0.0040 AC.
TOTAL
12,893 SF / 0.2959 AC.
WETLANDS IMPACT MAP
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
Attachment G:
NCDWR Stream Buffer Determination Map
J UN 4 2011 ROY COOPER
Governor
r;
MICHAEL S. REGAN
Secrefaly
S. JAY ZIMMERMAN
Wa ter Resources Director
ENVin ONMHNTAL QUALITY
June 9, 2017
Everland-Lee LCC
104 State Ave Suite 103
Clayton, NC 27520
Subject: Buffer Determination Letter
NBRRO #17-056
Johnston County
Determination Type:
Buffer Intermittent/Perennial
® Neuse (15A NCAC 2l3 .0233)
❑
❑ Tar -Pamlico (15A NCAC 2B .0259} IntermittentlPerennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or Interjurisdictional
projects)
Project Name: Everland-Lee Pro er
AddresslLocation: Off Lakeside Drive Clayton, NC
Stream(s): N
Determination
Date: February
24, 2017 Staff:
Gary Kreiser
Stream
EIiIP*
Subject Subject
Start@
Stop a
Soil
USGS
;Not
Surve
To o
A
ould not be determined
X
B
X
DWR flag
Confluence
X
-78,47345,
with D
35.67440
C
X
Offsite pond
Confluence
X
with D
D
X
Shotwell Road
Throughout
X
X
property
E
X
Property line
Confluence
X
with D
*E/I/P = Ephemeral/Intermittent/Perennial
Explanation:
Stream A: On May 31, 2005 stream A was determined not to be subject to the Neuse Buffer Rules. However, as
stated in that letter the on -site determination expires five (5) years from the date of the letter. At the time of this
Division of Water Resourecs, Rui eigh Regional Office, Water Quality Operations Section littp://portal.nedcnr.org/webhvqlaps
1628 Mail Service Center, Raleigh, N(27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, INC 27609 Fax: (919) 788-7159
Everland-Lee Property
Johnston County
June 2, 2017
Page 2 of 2
determination, feature A could not be found due to the existing construction activity occurring onsite, Therefore, a
determination could not be made for this feature and the 2005 determination is NOT valid because the 2005
determination had expired.
Stream B: The start point was flagged in the field and the GPS coordinates were approximated by satellite imagery
and will need to be field verified.
Stream C: The May 31, 2005 determination from the Division determined that this feature was subject to the Neuse
Buffer Rules. A determination made by Johnston County on October 6, 2016 determined that this feature was not
subject to the rules. While Johnson County is a delegated local authority, it DOES NOT have authority to made
determinations in Clayton. This project is located inside Clayton and the Division has made the determination that
the feature IS subject to the Neuse Buffer Rules.
The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Johnston County,
North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is
checked "Not Subject" has been determined to not beat least intermittent or is riot present. Streams that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent
stream. There may be other streams located on the property that do not show up on the maps referenced above but
may be considered jurisdictional according to the US Army Corps of Engineers,
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 the DWR way request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DYIVR — 401 & Buffer Permitting Unit; 1617Mai1 Service Center, Raleigh, NC 27699-1617. If sending via
delivery service (UPS, Fe&D x, etc.): Karen Higgins; DWW — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless in appeal is requested within sixty
(69) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regardi� s dete7ination, please feel free to contact GazylCreiser at (919) 791-4241.
S' cere ,
/ 1
Danny Smith
Supervisor, ater Quality Regional Operations Center
cc: RRO DWR File Copy
Wyatt Brown, Brown's Environmental Group, Inc. 242 Batten Farm Rd, Selma, NC 27576
17-5 5 and 17-56
High Cate 5/® and Everland— Lee Property
r -
4i
I
Stream B: Subject
Stream D: Subject l
VATIC) �
Stream A: Could not be
determined
Stream C: Subject
r
Stream E: Subject
�P0,
d �a SfATgo-
y�Myl
Legend:
-Approximate Site boundary:
�y '
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for ref-
erence only::
17-55 and 17-56
High Gate 5/D and Everland— Lee Property
R
Stream S: Not Depicted, * IN a Stream A: Not Depicted, 1%1.1
Could not be determined
ubject
* � I
l Stream D: Subjec �+
r
Stream C: Not Depicted,
� l - VJ
'Subject E
3 • �i�
i
Stream E: Not Depicted, - #
r
Subject V �.., �'�
d„aSt Q, Map provided by NCDEQ
Legend:
j Division of Water Resources
b
I :: Locations are approximate
-Approximate Site boundary: -; and are provided for ref-
erence only::
Attachment H:
Preliminary Wetland Determination Map
All waters and non -wetland waters are potential waters of the US
Attachment I:
Wetland Mitigation Statement of Availability
NDS
HWILDOLDINGS
Wetland Mitigation Statement of Availability
September 2, 2020
Creech NC, LLC
Mr. Raymond Gottlieb
448 Viking Drive, Ste 220
Virginia Beach, VA 23452
Attn: Mr. Raymond Gottlieb
RE: Availability of Riparian Wetland Credits for the "High Gate Subdivision" project
Bank Name: Falling Creek Stream and Wetland Mitigation Bank
Bank Site: Falling Creek Mitigation Site
Bank Sponsor: Wildlands Holdings III, LLC
USACE Action ID: 2015-00940
Riparian Wetland Credits Needed: 0.34 acres
Riparian Wetland Credits Available: 1.19 acres
Neuse 03020201 River Basin
Dear Mr. Gottlieb,
Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek
Stream and Wetland Mitigation Bank: Falling Creek Site to satisfy the mitigation requirements related
to the above -mentioned project. The project is located within the service area (HUC 03020201) of the
Bank.
Credits may be reserved for a period of 12 months upon the receipt of a non-refundable deposit of 10%
of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis.
Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then
subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits and price
for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it
is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve
basis.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the completed 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
(704) 332-7754 x124 or avarsinske@wildlandseng.com if you have any questions or need any additional
information.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
WILD LANDS 10
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
avarsinske@wildlandseng.com
0: (704) 332-7754 ext. 124
M: (757) 572-5269
Cc: Mr. Wyatt Brown, LSS, CPESC, Brown's Environmental Group, Inc.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Figures
Figure 1:
Location Map
Legend
Project Boundary
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Figure
1
Location Map
Highgate Subdivision
Shotwell & Covered Bridge Roads
Town of Clayton, Johnston County INC
Scale
NTS
By: MR R
11/11/20
Figure 2:
Project Parcels
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"" Project Boundary
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By: MRR
Figure
5
Aerial Photograph
Source: NC OneMap Imagery
Image Date: 2017
Highgate Subdivision
Shotwell & Covered Bridge Roads
Town of Clayton, y Johnston CountNC
Scale
1"=500'
11�11�20
Figure 3:
Adjacent Properties
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Legend
Q Project Boundary
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Jodi-
ure
3
Project Parcels and Adjacent
Properties
Highgate Subdivision
Shotwell & Covered Bridge Roads
Town of Clayton, Johnston County NC
Scale
1"=1000'
By: MR R
11/11/20
Figure 4:
Aerial Photograph
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"" Project Boundary
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By: MRR
Figure
5
Aerial Photograph
Source: NC OneMap Imagery
Image Date: 2017
Highgate Subdivision
Shotwell & Covered Bridge Roads
Town of Clayton, y Johnston CountNC
Scale
1"=500'
11�11�20
Figure 5:
USGS Topographic Map
Legend
Project Boundary
® Figure USGS Topographic Map Highgate Subdivision Scale NTS
5 Clayton Quadrangle Shotwell & Covered Bridge Roads
ar o.•:Y s
By: MRR Town of Clayton, Johnston County NC 11/11/20
Figure 6:
NRCS Soil Survey Map
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Legend
Project Boundary
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By: MRR
6
NRCS Soil Survey Map
Soil Survey of Johnston County, 1994
Map Sheet 1
Highgate Subdivision
Shotwell & Covered Bridge Roads
Town of Clayton, Johnston County NC
Scale
NTS
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Figure 7:
Wetland Delineation Map
Highgate Subdivision Phase 5
All waters and non -wetland waters are potential waters of the US