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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 COVERS as �w $age a W&H p z 5 3 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 vv LU atilt LU to- s am€og yy J Z ti y'3 a# �9diQ O coz III m 8Q a sgvd it ❑ ° c a U MW s ohs a 9Qs -fl. w z T v W z W N w H° e a a w m Y$ �5 e4 e"ra o ° = p ea a gee 3 2 3 ° b =' _= is 51¢ a46 Mv 82 -p p a E 2 Y 44 w i N b 8a° E2 48$ An u 3 n - i F B tlk° b7s 3 € s� � fig` sage §kM�� W "s 8zA � ° ggs °i o g 2M�M 4aael e �� ae Oil MY qg 'a + I 8 p3 I MQa 4 Mad 'B 4 s G' y e EQ .9 3g g z - - §883$ Qo 4 °"= kkl�o'�b€�` k!94 0 I„ zg , 'i- a a o LL IS ;ga se _g 3 c � ss tw9 z Isa a � k^„ W 10 - ^$ Q F — 0 z- `j z a s wig <o M �' Iu k l _ w - P Iv a2m v III g 1 A- -,y ie I� �`i�i I l i 38 ,z l 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