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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 \ ,,. Result I ■ r�r 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 GENCH- 15 TREET ------------- 01, PU OF jo It AD ' / / ' HIGHGATE SUBDIVISION OVERALL LAYOUT AND ADJACENT PROPERTIES ---_----- _----__ ---_----- _----__ 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 vv LU a Q'fnz �N O z III $' M gill w fA 'o � za- p� .. p�g p C3 CO # c a JW e a O c m 6 eo a as �� $ M $§ ° W z w e s Vc a Q, Sid 3��°� a� W H° � w a w u 3 co .o "a ub2�: hAl r F " tj - " 8pryr�" �"I a z o F �gag� c' g� A3g$ €�g`a 2 0 ,oa,.p�,�,,,,,..,,,G, a kso S8 byz r y 1.o_ SoCk3@: `roNF o� O6 E b =&ki S 5ti" '-do u�Q3 Cl H5 a �§Y�• Ek W SF'.� atlW� ? YJ$ 6q �'I e saw a p z- v s k <g gi'es a's€YW g" aaki o a z3 Ng H25 a��23 m .a a ca Oas a .. a a` s = $a c 8 p p i w w z a'� a �g2 av .� End cJ¢o Z F v 95 i f sa I ,I i ee 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 tip! � �� � ' �S; :s�.��� ` �� �r �•7 �r I j1\ ' 1f, I , � ��n �� -•--�4` 1�l �; _�ti J �, i Cr ' ihYucY:Rn7nrU rr I I �''� �..J � y {��+ 1 V(� �j-c"��„ r •` •.:,::. ` �- _ ' r - -�. �I �,'J• ���—_ � i r��.� ~L^ L. se,µ.._ .._.�_... , .-ter} 1 r � �1J W�'1� `` ; :: i. •.. - f 1L.. c4_� - r -1 ��� r'i - irfl J �_1 r�f1• '1'1' �� �� j `'' \�p����� r 11`a r --.__� `._-f r .-. ^' - �I�� �io4fAu t f I�-� �7r � L r-J � � �- I / � � • FfL4s //////GGfi.. 0 Of �'' �-��•' >>���` ��� ���•--7�' �- , ��p� �� - 'i �i� f � `.` ,� �a tip_ �, �_ ��� - , r� �� ��� � �� �. �1�',-` z � - ��,_ __ 5 ; % �-�.. � • �jIV 1. y �•�� � r _J� � ��`'�I� ; r�� ii i � _�` J] � ��; `� �` l .�+ � 4 � � � �� �'J' � I� 1 `�r �. 1 J � V �inr�• rs' rbn!-� I'1�� �' �� ' . :vr.par C• I'. - ? r - .. {` r � �'� � 1 rr ,- - -lnulr u� j�fi ,Jr `•: rrrK cc . �-I _ `� - r+'xnrrr rr 1 � 'y •'�� .] � %� �. � 1` osaar { t may` 1 1 `, o�••?r^� - � ���}�}.. - rw ® 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 RM i— "" Project Boundary ;; �.:.• .�� ■fit r �4i �-,�..N` � � "y�; . ek !f- •fin I '. R' •�(//. r ��I1R {�. a •. '� h ice.ts 0000000, :. i%.fi . } oy. � � • y L f^r i :Y" �, �� TTTggq 14�- RR . j rr _ tiffs � •` � � . t�ki, �•� k^ ,ems: `!r ,' �.� _ . k -e- �.� � - :�:.. • . tip'• : , fi1�`, 4':'-;,. e ,' , is •a �a ,� �� • 0 500 1000 1500ft` ® 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 • - ff I IF 0 500 1000 1500 ft } Legend Q Project Boundary TI 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 RM i— "" Project Boundary ;; �.:.• .�� ■fit r �4i �-,�..N` � � "y�; . ek !f- •fin I '. R' •�(//. r ��I1R {�. a •. '� h ice.ts 0000000, :. i%.fi . } oy. � � • y L f^r i :Y" �, �� TTTggq 14�- RR . j rr _ tiffs � •` � � . t�ki, �•� k^ ,ems: `!r ,' �.� _ . k -e- �.� � - :�:.. • . tip'• : , fi1�`, 4':'-;,. e ,' , is •a �a ,� �� • 0 500 1000 1500ft` ® 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 Q Legend Project Boundary JU NOD■ ���_. ■ % I IL Em i ®Figure 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 a`w' Figure 7: Wetland Delineation Map Highgate Subdivision Phase 5 All waters and non -wetland waters are potential waters of the US