HomeMy WebLinkAbout20200285 Ver 3_ePCN Application_20210712DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20200285
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Highgate Subdivision
la. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
brownenvgrp@gniail.com
Date Submitted
7/12/2021
Nearest Body of Water
Neuse River
Basin
Neuse
Water Classification
WS-N, NSW
Site Coordinates
Latitude: Longitude:
35.67208-78.47350
A. Processing Information
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
3
What amout is owed?*
IT $240.00
r^ $570.00
Select Project Reviewer*
Rick Trone:eads\rvtrone
1c. Primary Contact Phone:*
(919)524-5956
Is this a courtesy copy notification?*
r Yes r No
ID#
20200285
Pre -fling Meeting or Request Date
6/2/2021
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach docurrent
Highgate Subdivision_DWR Pre -Filing Meeting Request Form 060221.pdf
File type rtust be FCF
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
IT Yes
r No
Please provide the date of the previous submission.*
1 /8/2021
1b. What type(s) of permit(s) do you wish to seek authorization?
r Nationwide Permit (NWP)
r Regional General Permit (RGP)
W Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Are you a federal applicant?*
r Yes r No
Version
2
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.*
We are not in any of the 21 coastal counties.
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
54.03KB
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
W Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
IT Yes r No
U
2. Owner Information
2a. Name(s) on recorded deed:
Everland-Lee, LLC
2b. Deed book and page no.:
2c.Contact Person:
Lanny Clifton
2d.Address
Street Address
104 State Ave, Suite 103
Address Line 2
city
State / province / Region
Clayton
NC
Postal / Zip Code
Country
27520
USA
2e. Telephone Number: 2f. Fax Number:
(919)971-5353
2g. Email Address:*
Ian nycl iftonbuilder@gmail.com
3. Applicant Information (if different from owner)
3a. Name:
Raymond Gottlieb
3b. Business Name:
Creech, LLC
3c.Address
Street Address
448 Viking Drive, Suite 220
Address Line 2
(Sty
State / province / Region
Virginia Beach
VA
Postal / Zip Code
Country
23425
usa
3d. Telephone Number:
3e. Fax Number:
(919)723-7070
3f. Email Address:*
ryan@lmssl.com
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc.
4c.Address
Street Address
242 Batten Farm Rd
Address Line 2
city
State / Rovince / Region
Selma
NC
Postal / Zip Code
Country
27576
USA
4d. Telephone Number: 4e. Fax Number:
(919)524-5956
4f. Email Address:*
brownenvgrp@gmail.com
FC -- Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Highgate
1c. Nearest municipality/ town:
Clayton, NC
2. Project Identification
2a. Property Identification Number:
175000-50-8319
2c. Project Address
Street Address
SE Quadrant of Shotwell Rd and Covered Bridge Rd
Address Line 2
city
Clayton
Postal / Zip Code
27520
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neuse River
3b. Water Resources Classification of nearest receiving water:*
WS-IV, NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011103
4. Project Description and History
2b. Property size:
11.34
State / Rovince / Fegion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Highgate Subdivision is former agricultural use and forest lands. More info is provided in the Standard Permit Application Additional Information Packet, submitted Jan 2021.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2020-00395; DWR #20-1143. Note: this submittal is under DWR #2020-0285. The #20201143 project has been closed.
4b(2). Is Any Portion of the Work Already Complete?*
r Yes r No
If yes, describe the completed work.
4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401.
Johnston County Erosion & Sediment Control, Johnston County Stormwater
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
Construction of the Highgate Subdivision will create single-family residential housing to the current high demand for residential housing in the western Johnston County area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
See the already -submitted Standard Permit Application Additional Information and the attached Highgate Subdivision Addlnfo Packet 071121.
4k. Will this activity involve dredging in wetlands or waters?*
r Yes r No
If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
JD Info for the Town of Clayton Greenway is attached.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00395
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wyatt Brown
Agency/Consultant Company: Brown's Environmental Group, Inc.
Other: Martin Richmond; Lakenheath, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
6b. If yes, explain.
Subdivision is being constructed in 5 Phases, and also includes a Town of Clayton Greenway.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list)
See the already -submitted Standard Permit Application Additional Information and the attached Highgate Subdivision Addlnfo Packet 071121.
8. Scheduling of Activity:
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
i— Open Waters F Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
#1**
Wet Detention Pond
P
Headwater Forest
Old Pond Bed
�N.
Both ]0.000
(acres)
#1
Road Fill
P
Headwater Forest
Wetland C
Yes
Both
0.040
(acres)
#2
Greenway Fill
P
Headwater Forest
Wetland C
Yes
Both
0.010
(acres)
#3
Road Fill
P
Headwater Forest
Wetland AB2
Yes
Both
0.250
(acres)
#4
Construction
P
Headwater Forest
Wetland AB2
Yes
Both
0.010
(acres)
#5
Greenway Fill
P
Headwater Forest
Wetland 300
Yes
Both
0.110
(acres)
#6
Greenway Fill
P
Headwater Forest
Wetland 200
Yes
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.430
2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
See the already -submitted Standard Permit Application Additional Information and the attached
Highgate Subdivision Addlnfo Packet 071121.
21. Comments:
2g. Total Permanent Wetland Impact
0.430
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
(?)
Jurisdiction*
length*
S1
Road CrossingPermanent
Culvert
Stream 1
Perennial
Both
3
61
Average (feet)
(linearfeet)
S2
Inlet/Outlet Protection
Permanent
Rip Rap Fill
p p
Stream 1
Perennial
Both
3
26
Average (feet)
(lir�rfeet)
H
Construction
Permanent
Other
Stream 1
Perennial
Both
3
23
Average (feet)
(linearfcet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
110
3i. Total stream and ditch impacts:
110
31. Total cubic yard stream impacts:*
36
3j. Comments
4g. Total cubic yard open water impacts:*
0
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See the already -submitted Standard Permit Application Additional Information and the attached Highgate Subdivision Addlnfo Packet 071121.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See the already -submitted Standard Permit Application Additional Information and the attached Highgate Subdivision Addlnfo Packet 071121.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands Holdings
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.92
3c. Comments
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
• Other SCM that removes minimum 30 % nitrogen
• Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r WA - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government F State
Local Government Stormwater Programs
,R Phase II W NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Johnston County
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
No further impacts are anticipated with Highgate Subdivison
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?`
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPAC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
There is no EFH in Johnston County
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Johnston County GIS Services
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
pick the upload button a drag and drop files here to attach docur eM
Addlnfo Packet 071121 v. Final.pdf 11.43MB
File must be FDF or 11v2
Comments
Signature
*
fJ By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request Within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Wyatt Brown
Signature
Date
7/12/2021
C^)
Highgate Subdivision
Application for Standard Permit: Additional Information
April 2021 Modified for Re -submittal July 2021
1.0 Project Information
Project Name: Highgate Subdivision
Prior AID#: SAW-2020-00395
Prior DWR#: 20-0285
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@gmail.com
Telephone: (919) 971-5353
Authorized Agent: Wyatt Brown
Brown's Environmental Group, Inc.
242 Batten Farm Rd
Selma, NC 27576
Email: brownenvgrp@gmail.com
Telephone: (919) 524-5956
Agent Authorization: See Attachment A: Agent Authorizations
Highgate Subdivision
Application for Standard Permit: Additional Information
April 2021 Modified for Re -submittal July 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 B: Location Map
See Attachment C: Highgate Subdivision Overall Layout and Adjacent Properties.
Prior USACE/NCDWR Water Quality Permitting: Oct 2020
USACE NWP 18 was issued Oct 2020 authorizing impacts for construction of Stormwater Wet Pond #1,
impacting 0.44 acres of emergent wetland. NCDWR WQC 4139 issued Oct 2020 certifying authorized
impacts.
See Attachment D: Prior 4041401 Permitting
Previously Requested Authorization (Highgate Phase 5): Jan 2021
An Application for Standard Permit (IP) was submitted to USACE/DWR through the ePCN system on
January 18, 2021. This submittal requested authorization for impacts associated with Highgate Phase 5
of the development, as listed below (copied from the Jan 2021 submittal):
Table 1. Highgate Phase 5: Summary of Proposed Impacts
Impact ID
Wetland ID
Perm/Temp
Purpose/Need
Amt
WL Impact #1
Wetland C
Permanent
Road Fill
0.04 acres
WL Impact #2
Wetland A132
Permanent
Dissipater Pad
0.25 acres
WL Impact #3
Wetland A132
Permanent
Utility Fill
0.01 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
3.0 Additional Impacts Requested: April 2021
Following review of the Standard Permit application, the USACE requested potential impacts associated
with the future greenway be included in the request, and the Standard Permit Application be modified to
include additional impacts. Additional impacts are as follows:
Table 2. Highgate Greenway: Summary of Proposed Additional Impacts
Impact ID
Wetland ID
Perm/Temp
Purpose/Need
Amt
WL Impact #1
Wetland 300
Permanent
Greenway Fill
0.11 acres
WL Impact #2
Wetland 200
Permanent
Greenway Fill
0.01 acres
Highgate Subdivision
Application for Standard Permit: Additional Information
April 2021 Modified for Re -submittal July 2021
4.0 Summary of Impacts:
This section summarizes the total impacts required for completion of the Highgate Subdivision project.
Attachments included describe total impacts, mitigation requirements, and current status for each of the
three permitting areas:
Table 2. Summary of Total Project Impacts
Impact ID
Wetland ID
Perm/Temp
Purpose/Need
Amt
WL Impact #1**
Old Pond Bed
Permanent
Wet Detention Pond #1
0.44 acres
WL Impact #1
Wetland C
Permanent
Road Fill
0.04 acres
WL Impact #2
Wetland C
Permanent
Greenway Fill
0.01 acres
WL Impact #3
Wetland AB2
Permanent
Road Fill
0.25 acres
WL Impact #4
Wetland AB2
Permanent
Construction
0.01 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
Temporary
Water Utility
23 LF
WL Impact #5
Wetland 300
Permanent
Greenway Fill
0.11 acres
WL Impact #6
Wetland 200
Permanent
Greenway Fill
0.01 acres
**Previously Authorized
Total Project Wetland Acre Impact:
Previously Authorized Wetland Acre Impact:
Proposed Wetland Impacts requiring authorization:
Total Project Stream Length Impact:
Previously Authorized Stream Length Impact:
Proposed Stream Impacts requiring authorization
See Attachment E: Summary of Permitting Areas
0.86 Acres
0.44 Acres
0.42 Acres
110 LF
0 LF
110 LF
Highgate Subdivision
Application for Standard Permit: Additional Information
April 2021 Modified for Re -submittal July 2021
5.0 Proposed Mitigation
Mitigation is proposed for impacts cumulatively within all three permitting areas:
Wet Detention Pond #1: 0.44 acres
Mitigation proposed at 1:1 ratio based on results of WAM rating of Low. Mitigation was proposed for
0.45 credits. Mitigation requirements have been met.
Mitigation Credits required: 0.00 acres
Highgate Phase 5: 0.30 acres
Mitigation proposed at 1:1 ratio, based on results of WAM rating of Low.
Mitigation Credits required: 0.30 acres
Highgate Greenway: 0.11 acres
Mitigation proposed at 2:1 ratio.
Mitigation Credits required: 0.24
Table 3. Summary of Proposed Mitigation by Permitting Area
Impact ID
Wetland ID
Purpose/Need
Impact
Mitigation
Amt
Proposed
Wet Detention Pond #1
Old Pond Bed
Wet Detention Pond #1
0.44
0.00
acres
acres
Highgate Phase 5
Wetland AB2 and Wetland C
Road Crossing and
0.30
0.30
Utility Installation
acres
acres
Highgate Greenway
Wetland 200 and 300
Greenway Fill
0.12
0.24
acres
acres
Note: Mitigation requirements for the Wet Detention Pond have been met.
A Statement of Availability from Wildlands Holdings, LLC dated April 2, 2021 is attached, showing
availability of 0.54 credit acres.
See Attachment F: SOA Letter
Highgate Subdivision
Application for Standard Permit: Additional Information
April 2021 Modified for Re -submittal July 2021
6.0 Endangered Species Act
There are no proposed changes to this section of the IP application (Jan 2021).
7.0 National Historic Preservation Act
There are no proposed changes to this section of the IP application (Jan 2021).
8.0 Stormwater Management
There are no proposed changes to this section of the IP application (Jan 2021).
9.0 Cumulative Impacts
Impacts associated with the project (Stormwater Wet Pond #1, Highgate Phase 5, and Highgate Greenway)
are considered cumulative for the Highgate Subdivision project.
Following the completion of Highgate Phase 5 and the proposed Highgate Greenway, there are no further
plans for development of the Highgate Subdivision.
Block 24. Is Any Portion of the Work Already Complete: Yes/No
The Wet Detention Pond #1 authorized Oct 2020 has been constructed and is in use.
In January 2021, the Town of Clayton approved construction plans for the Highgate Greenway. At that
time, contractors cleared the greenway construction corridor, including unauthorized impacts to
wetlands. This area has been seeded and stabilized per Erosion & Sediment Control plans.
Block 25. Addresses of Adjoining Property Owners
The list of adjacent property owners has been revised from the original Jan 2021 submittal to omit owners
not adjacent to the waters.
See Attachment F: 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.
In addition to the list of approvals included in the original IP submittal (Jan 2021), the owners have since
obtained Town of Clayton Approval for Greenway construction.
See Attachment G: Erosion & Sediment Control Plan, Highgate Greenway, Dec 2020.
Attachment A
Agent Authorizations
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
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
Attachment B
Location Map
Attachment C
Subdivision Site Plans
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Attachment D
Prior 404/401 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
Permittee:
Creech NC, LLC
Ravmond Gottlieb
Address:
448 Viking Drive, Ste 220
Virginia Beach, VA 23452
Telephone Number:
919-723-7070
E-mail:
rvan(almssi.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 Dhases of the Droiect 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 Wl).
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 US 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 #1 Detail Sheet dated 6/l/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(dusace.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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent:
Brown's Environmental Group, Inc.
Wvatt Brown
Address:
242 Batten Farm Road
Selma, NC 27576
Telephone Number:
919-524-5956
E-mail:
brownenvup(d mail.com
Action ID Number: SAW-2020-00395 County: Johnston
Permittee: Creech NC, LLC, Raymond Gottlieb
Project Name: Hi2h2ate 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. miI
Digitally signed by
HOPPER.CHRISTOP HOPPER.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.mii
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 Quality
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)
D EQ��
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
o.�nm or e�.w�momi o�n�ay 919.791.42 00
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 .02001 including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .02001. 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. 143-215.51
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
401APPROVAL
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,
DOCUSigned by:
8CDA9D825D4A46D...
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 E
Permitting Summary of Impacts
Summary of Permitting Areas:
• Stormwater Wet Pond #1
• Highgate Phase 5
• Highgate Greenway
Impact Description: Stormwater Wet Pond #1
Impact Area, Total 0.44 acres/Permanent (See Attached Impact Exhibit)
Authorization Sought: 0.34 acres (additional to 0.1 previously authorized).
Mitigation Required: 0.45 credit acres (requirements have been met as of Apr 2021).
Current Status
• The Stormwater Wet Pond #1 has been constructed and is currently in use.
• Oct 2021: NWP 18 issued authorizing Impacts to wetlands situated within a former pond bed.
• Construction exceeded the 0.10-acre threshold for NWP 18; as a result, authorization is being
requested to account for 0.34 acres of additional permanent impact for construction of
Stormwater Wet Pond #1.
• Mitigation requirements have been met for impacts associated with the Stormwater Wet Pond
#1.
Impact Description: Highgate Phase 5
Impact Areas, Total: 0.30 acres Wetlands/Permanent
110 LF Stream/Permanent
Wetland Impact #1
Wetland C
Permanent
Wetland Impact #2
Wetland AB2
Permanent
Wetland Impact #3
Wetland AB2
Permanent
Stream Impact #1
Stream 1
Permanent
Stream Impact #1a
Stream 1
Permanent
Stream Impact #2
Stream 1
Permanent
(See Attached Impact Exhibit)
Road Fill
0.04 acres
Dissipater Pad
0.25 acres
Utility Fill
0.01 acres
Culvert/Road Fill
61 LF
Inlet/Outlet Protection
26 LF
Water Utility
23 LF
Authorization Sought: 0.30 acres and 110 LF (Submitted January 2021).
Mitigation Required
Current Status
0.30 credit acres
• Development of Phase 5 of Highgate Subdivision is pending issuance of 404 Permit and 401
Certification.
• The proposed Phase 5 wetland impacts (0.30 acres) are cumulative with the Stormwater Wet
Pond #1 wetland impacts (0.44 acres), for total of 0.74 acres associated with Stormwater Wet
Pond #1 and Highgate Phase 5 of the subdivision.
• Due to total project wetland impacts greater than 0.5 acres, application was made for Standard
(Individual) Permit in January 2021, seeking authorization for impacts to begin construction of
Highgate Phase 5. Issuance of IP is pending.
• Mitigation proposed is 0.30 acres for 0.30 acres permanent impact. The SOA from Wildlands
Holdings dated April 2, 2021 is attached. The SOA includes reservation for credits associated
with both Phase 5 (0.30 credit acres) and Greenway impacts (0.22 credit acres).
Impact Description: Highgate Greenway
Impact Area, Total 0.12 acres Wetlands/Permanent (See Attached Impact Exhibit)
Wetland Impact #1 Wetland 300 Permanent Greenway 0.11 acres
Wetland Impact #2 Wetland 200 Permanent Greenway 0.01 acres
Authorization Sought: 0.12 acres (additional with this submittal)
Mitigation Required: 0.24 acres
Current Status
• The Highgate Greenway was approved by the Town of Clayton on Sept 15, 2020 (see attached
approval letter).
• Following approval, the corridor was cleared and stabilized with Erosion & Sediment Control
Measures.
• Impacts to wetlands situated within the greenway corridor total 0.12 acres.
• Jurisdictional Determination information for the Greenway corridor is included with this
Additional Information submittal.
• Mitigation requirements are 0.24 credit acres.
• Impacts a cumulative with 0.30 acres associated with Phase 5 impacts. The SOA from Wildlands
Holdings dated April 2, 2021 is attached. The SOA includes reservation for credits associated
with both Phase 5 (0.30 credit acres) and Greenway impacts (0.22 credit acres).
Jurisdictional Determination Information for Highgate Greenway
(JD Packet attached)
Site Description (Greenway Corridor)
The review area for the greenway corridor is a mature mixed hardwood/pine forest extending along a
perennial stream on the southern border of the project.
See Figure JD2: Aerial Photograph including Greenway Corridor
See Figure JD3: USGS Topographic Map, Clayton Quadrangle
See Figure JD4: NRCS Soil Survey Map
Greenway Corridor Wetland Delineation
Four jurisdictional wetlands were flagged within the proposed greenway corridor. These areas are shown
on attached Wetland Delineation Map. No Streams were identified within the proposed greenway
corridor.
See Figure JD5: Highgate Greenway Wetland Delineation
Project Purpose & Need
The greenway is part of the overall project design, providing connectivity throughout the community and
with the Town of Clayton.
Proposed Impacts
There are two proposed impacts required for greenway construction, summarized as follows:
Impact Area, Total 0.12 acres Wetlands/Permanent (See Attached Impact Exhibit)
Wetland Impact #1 Wetland 300 Permanent Greenway 0.11 acres
Wetland Impact #2 Wetland 200 Permanent Greenway 0.01 acres
Detail of the wetland impacts are included in the attached 19014-Greenway Impact Map.
Note: Stream & Wetland Impacts for the proposed Highgate Phase 5 are also shown on the impact maps.
This map depicts all impacts for which authorization is being requested.
Avoidance & Minimization
Of the four wetlands within the original proposed corridor, two - Wetland 100 and Wetland 400 - were
avoided through redesign of the greenway location.
The two impacts:
Impact to Wetlands 200 and 300 cannot be relocated east due to wetlands extending near adjacent
private residential lots. Relocating these impacts to the west creates secondary impacts within the Neuse
River Riparian Buffer associated with the perennial stream running parallel to the greenway in this section.
Wetland 200 is a small seep wetland which is loosely connected to the perennial stream through the
undisturbed riparian buffer. This impact is to the top of the wetland, removing approximately 0.01 acre,
and does not sever the wetland into sections.
Wetland 300 is a large toe of slope wetland which receives runoff from the residential lots adjacent to the
east. This wetland is connected to the perennial stream through ephemeral drainages within the
undisturbed riparian buffer. Because this wetland extends from the riparian boundary to the adjacent
residential lots, the greenway must sever the wetland. Connectivity of the wetland to the riparian buffer
will be maintained though use of a culverted drainage.
Construction Minimization
Impacts from construction will be minimized through 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, which total 0.12 acres. Mitigation is proposed at a 2:1 ratio,
totaling mitigation credits of 0.24 acres.
Cumulative Effects
The impacts for the proposed Highgate Greenway are considered cumulative with other project impacts
including the Stormwater Wet Pond #1 and Highgate Phase 5. Following the completion of Phase 5 and
the Greenway construction, no further action is planned for the Highgate Subdivision.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2020-00395
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Highgate Greenway
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Project is a greenway to be constructed within the Highgate Subdivision in Clayton, NC. The Greenway is being included with an
existing individual Permit Application, submitted Jan 2021 for the Highgate Subdivision Phase 5.
4. Property Owner / Applicant [PCN Form A3 or A4]: Creech NC, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Wyatt Brown, Brown's Environmental Group, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
Project is located within the Highgate Subdivision:
8. Project Location —Tax Parcel ID [PCN Form B 1 a] : 175000-70-2611
9. Project Location —County [PCN Form A2b]: Johnston County
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Clayton, NC
11. Project Information — Nearest Waterbody [PCN Form 132a]: Neuse River
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020201
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
✓❑ Standard Permit
Nationwide Permit #
Regional General Permit #
❑ Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑No Permit Required
Revised 20150602
urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http: //www. saw. usace. army. mil/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. asps
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828)271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page I
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Highgate Greenway
City, State: Clayton, NC
County: Johnston County
Parcel Index Number(s) (PIN): 175000-70-2611
B. REQUESTOR INFORMATION
Name: Wyatt Brown, Brown's Environmental
Mailing Address: 242 Batten Farm Rd
Telephone Number:
Electronic Mail Address:
Select one:
Selma, NC 27576
(919 524-5956 mobile
brownenvgrp@gmail.com
I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Creech NC, LLC
Mailing Address:
Telephone Number:
448 Viking Drive, Suite 220
Virginia Beach, VA 23452
(919) 723-7070
Electronic Mail Address: ryan@lmssl.com
' Must provide completed Agent Authorization Form/Letter.
z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Wyatt Brown, Brown's Environmental Group, Inc.
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
04/15/20
Date
See Attached Agent Authorization
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
LoI intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
I I review area.
Size of Property or Review Area -/- 1.71 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: 35.669768
Longitude:-78.471729
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
❑✓ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hlW://www.saw.usace.army.mil/Missions/Regulatoa-Permit-
Pro eram4misdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'.
W1 Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
zLandscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Fonn fillable.pdf
s Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and onthe Headquarters USAGE website.
Disclosure: Submission of requested information isvoluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wyatt Brown, Brown's Environmental Group, Inc.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough:Johnston City: Clayton
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.669768 Long.:-78.471729
Universal Transverse Mercator: NAD83
Name of nearest waterbody: NeUse River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
35.668265
35.669634
Longitude
(decimal
degrees)
-78.470237
-78.471515
-78.471729
-78.474033
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Wetland
Wetland
Wetland
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
Wetland 100
0.04 ac
0.02 ac
0.29 ac
0.05 ac
404/401
404/401
404/401
Wetland200
Wetland 300
35.669768
Wetland400
35.673079
Wetland
404/401
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
■❑
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Clayton, NC
❑ Natural Resources Conservation Service Soil Survey. Citation: Johnston County soil survey sheet 1
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑■ Aerial (Name & Date): NCOneMap 2017
or ❑■ Other (Name & Date): Site Pictures, Feb 2021
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a)
Project/Site: Highgate Greenway City/County: Johnston County Sampling Date: 02/04/21
Applicant/Owner: Wyatt Brown, Brown's Environmental Group, Inc. State: NC Sampling Point: 107WL
Investigator(s): W Brown, M Richmond Section, Township, Range: Clayton, NC
Landform (hillside, terrace, etc.): Toe of Slope Local relief (concave, convex, none): Concave Slope (%): <1 %
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.668265 Long:-78.470237 Datum: WGS84
Soil Map Unit Name: Wt - Wehadkee loam, frequently flooded NWI classification: Headwater Forest Wetland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
This data collection point is located within Wetland 100, near Flag 107. This data sheet is also representative of wetlands 200, 300, and 400
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
x Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
x High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
x Saturation (A3) x
Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
—Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_ Iron Deposits (135)
x Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
x Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes x No
Depth (inches): 1
Water Table Present? Yes x No
Depth (inches): 0
Saturation Present? Yes x No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 107WL
Absolute Dominant
Indicator
Tree Stratum (Plot size: 15' Radius )
% Cover Species?
Status
Dominance Test worksheet:
1. Acerrubrum
20 Yes
FAC
Number of Dominant Species
2. Liquidambarstyraciflua
20 Yes
FAC
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
40 =Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20 20% of total cover:
8
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 10' Radius
)
FACW species 10 x 2 = 20
1. Highbush Blueberry
10 Yes
FAC
FAC species 50 x 3 = 150
2.
FACU species 0 x 4 = 0
3.
UPL species 0 x 5 = 0
4.
Column Totals: 60 (A) 170 (B)
5.
Prevalence Index = B/A = 2.83
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
X 3 - Prevalence Index is <-3.0'
10 =Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
5 20% of total cover:
2
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 10' Radius )
-Problematic Hydrophytic Vegetation' (Explain)
1. Carex, spp
10 Yes
FACW
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
10 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
5 20% of total cover:
2
height.
Woody Vine Stratum (Plot size: )
1. None
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0
SOIL Sampling Point: 107WL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks
0-8 10YR 2/1 100 Loamy/Clayey Saturated
8-16 10YR 4/2 80 7.5YR 6/8 20 C M Prominent redox concentrations
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
_ Black Histic (A3)
_ Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
X Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_ 2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 1479 148)
—Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes X No
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 1479 148)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a)
Project/Site: Highgate Greenway City/County: Johnston County Sampling Date: 02/04/21
Applicant/Owner: Wyatt Brown, Brown's Environmental Group, Inc. State: NC Sampling Point: 202UP
Investigator(s): W Brown, M Richmond Section, Township, Range: Clayton, NC
Landform (hillside, terrace, etc.): Terrace Local relief (concave, convex, none): Convex Slope (%): <3%
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.669634 Long:-78.471515 Datum: WGS84
Soil Map Unit Name: Wt - Wehadkee Loam, frequently flooded NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes X No
Remarks:
This data collection point describes uplands adjacent to Wetland 200, near Flag 202. This data is also representative of uplands adjacent to
Wetlands 100, 300, and 400.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
x High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
x Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
—Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
_ Stunted or Stressed Plants (D1)
_ Iron Deposits (135)
_Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
x Depth (inches):
Water Table Present? Yes x No
Depth (inches): 0
Saturation Present? Yes x No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 202UP
Absolute Dominant
Indicator
Tree Stratum (Plot size: 20' Radius )
% Cover Species?
Status
Dominance Test worksheet:
1. Acerrubrum
30 Yes
FAC
Number of Dominant Species
2. Quercus nigra
20 Yes
FAC
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 5 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 80.0% (A/B)
7.
Prevalence Index worksheet:
50 =Total Cover
Total % Cover of: Multiply by:
50% of total cover:
25 20% of total cover:
10
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 10' Radius
)
FACW species 10 x 2 = 20
1. Vaccinium corymbosum
10 Yes
FACW
FAC species 60 x 3 = 180
2.
FACU species 15 x 4 = 60
3.
UPL species 0 x 5 = 0
4.
Column Totals: 85 (A) 260 (B)
5.
Prevalence Index = B/A = 3.06
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is :53.0'
10 =Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
5 20% of total cover:
2
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 10' Radius )
-Problematic Hydrophytic Vegetation' (Explain)
1. Polystichum acrostichoides
15 Yes
FACU
' Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
15 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
8 20% of total cover:
3
height.
Woody Vine Stratum (Plot size: 10' Radius )
1. Smilax rotundifolia
10 Yes
FAC
2.
3.
4.
5.
Hydrophytic
10 =Total Cover
Vegetation
50% of total cover:
5 20% of total cover:
2
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: 202UP
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Locz Texture
0-3 10YR 2/2 100 Loamy/Clayey Dark, saturated
Remarks
3-8
10YR 4/3
100
Loamy/Clayey
Tan, saturated
8-16
10YR 4/4
100
Loamy/Clayey
Tan, saturated
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
_ Black Histic (A3)
_ Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_ 2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 1479 148)
—Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes No X
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 1479 148)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
�V,7 V OF
AM
IR
r 02
i4. 1 4
rf.
"T7
Attachment F
Statement of Availability of Mitigation Credits
NDS 10
HWILDOLDINGS
Wetland Mitigation Statement of Availability
April 2, 2021
Creech NC, LLC
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: 0.58 acres
Riparian Wetland Credits Available: 4.24 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 6 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 I Brown's Environmental Group, Inc.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
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@wildlandsene.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
Attachment G
Erosion & Sediment Control Plans for Highgate Greenway
DEPARTMENT OF PUBLIC UTILITIES
Post Office Box 2263
SMITHFIELD, NC 27577
(919) 989-5075
December 31, 2020
LETTER OF APPROVAL
Mr. Raymond Gottlieb
Creech NC, LLC
448 Viking Drive, Suite 220
Virginia Beach, NC 23452
RE: Proi ect Name: Greenway Improvements at Highgate Subdivision
Project ID: JC# 20-117-C
Disturbed Acres Approved: 3.0 acres
Stream Classification: Neuse River (WS-V, NSW)
Submitted By: Dalton Engineering
To Whom It May Concern:
Johnston County has reviewed the subject revised erosion and sedimentation control plan for the above
referenced development. We find the plan to be acceptable and hereby issue this Letter of Approval.
The attached Certificate of Approval must be posted at the job site. This plan shall expire three (3)
years following the date of approval, if no land disturbing activity has been undertaken, as is required
by Title 15A NCAC 413.0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000
Construction Stormwater General Permit. This form MUST be submitted prior to the commencement
of any land disturbing activity on the above named project. The NOI form may be accessed at
deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at
Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. After you submit a complete and
correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will
not charge a fee for coverage under the NCGO1 permit. However, on or after May 1, 2019, a $100 fee
will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in
Raleigh.
Title 15A NCAC 413.0118(a) and the NCGO1 permit require that the following documentation be kept
on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
Letter of Approval
Greenway Improvements at Highgate Subdivision ESC
Project No.: 20-117-C
December 31, 2020
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project, the
erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may
require revisions to the plan and implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water
quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply
to this land -disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form if there
is any change in the information included on the form. In addition, it would be helpful if you notify this
office of the proposed starting date for this prcj ect.
Please contact this office to schedule the preconstruction meeting before beginning land disturbing
activities.
Your cooperation is appreciated.
Sincerely,
cum &� �-MMVA—
Chandra C. Farmer, PE
Director of Utilities
cc: Jessica Batten, Johnston County
Charles Pender, Johnston County
Shannon Stanley, Johnston County
NCGO1 Notice of Intent (NOI) Certification Form
Directions:
Print this form, complete, scan and upload to the electronic NOI.
Then, mail the original form to the NC DEMLR Stormwater Program (with $100 check if paying by check) at:
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 61h Floor (Office 640K)
1612 Mail Service Center
Raleigh, NC 27699-1612
DO NOT MAIL THIS FORM OR PAYMENT UNTIL YOUR APPLICATION HAS BEEN
REVIEWED AND ACCEPTED AS COMPLETE
Per NC General Statute 143-215.6B (i), any person who knowingly makes any false statement, representation,
or certification in any application, record, report, plow, or other document filed or required to be maintained
under this Article or a rule implementing this Article... shall be guilty of a Closs 2 misdemeanor which may
include a fine not to exceed ten thousand dollars ($10,000).
Under penalty of law, I certify that (check all boxes to indicate your agreement):
® I am the person responsible for the construction activities of this project, for satisfying the
requirements of this permit, and for any civil or criminal penalties incurred due to violations of this
permit.
IN The information submitted in this NOI is, to the best of my knowledge and belief, true, accurate, and
complete based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information.
Z I will abide by all conditions of the NCGO10000 General Permit and the approved Erosion and
Sediment Control Plan.
If the approved Erosion and Sediment Control Plan is not compliant with Part II (Stormwater Pollution
Prevention Plan) of the NCGO10000 General Permit I will nonetheless ensure that all conditions of
Part ll of the permit are met on the project at all times.
IJ I hereby request coverage under the NCGO10000 General Permit and understand that coverage under
this permit will constitute the permit requirements for the discharge(s) and is enforceable in the
same manner as an individual permit.
Name of Project: Greenway Improvements at Highgate Subdivision
Legally Responsible Organizational Entity: Creech NC, LLC
!Legally Responsible Person_ Raymond Gottlieb A�_f A01.19,1.r,¢ GSA
Title of
*Print Name and Title of Signed if Authorized
individuol Differs from Permittee:
Phone Number: 9197237070
* IMPORTANT NOTE: This form must be signed by a responsible corporate officer that owns or operates the
construction activity, such as a president, secretary, treasurer, or vice president, or a manager that is
authorized in accordance with Part IV, Section B, item (6) of the NCGO10000 permit.
For more information on signatory requirements, see Port iV, Section B, Item (6) of the NCG0I0000 permit.
Contact Name* Wyatt Brown
Contact Email Address* brownenvgrp@gmail.com
Project Owner*
Creech, LLC
Project Name*
Highgate Subdivision
Project County*
Johnston
Owner Address:*
Street Address
448 Viking Drive, Suite 220
Address Line 2
aty
Virginia Beach
Postal / Zip axle
23452
Is this a transportation project?*
C Yes c: No
Type(s) of approval sought from the DWR:
F- 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
W Individual Permit F- Modification
F- Shoreline Stabilization
Does this project have an existing project ID#?*
c: Yes C No
Please list all existing project ID's associated with this projects.*
20201143
State / Province / Pegion
VA
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Rick Trone
Please give a brief project description below and include location information.*
Project is an expansion of the existing Highgate Subdivision in
Clayton, NC. Expansion includes Phase 5 (final phase) and a
greenway trail. Cumulative impacts with the expansion exceed NWP
29 threshold and require Standard (Individual) Permit.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Submittal Date 6/2/2021
WILD
HOLDINOGs
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@wildlandsene.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
HOLDINOGs
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
WILD
HOLDINOGs
Wetland Mitigation Statement of Availability
April 2, 2021
Creech NC, LLC
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: 0.58 acres
Riparian Wetland Credits Available: 4.24 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 6 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
HOLDINOGs
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 I Brown's Environmental Group, Inc.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203