20200285 Ver 3_More Information Received_20210922

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 3
20200285
Is this project a public transportation project?* r Yes
r No
Reviewer List:* RickTrone:eads\rvtrone
Select Reviewing Office:* Central Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Project Contact Information
Name: Wyatt I brown
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20200285 3
20170001(no dashes) 1
Project Name: High Gate S/D
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Johnston
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
Highgate Subdivision Additional Info Sept 2021.pdf 11.77MB
Only pdf or Im7 files are accepted.
Describe the attachments
or comments:
This package is a response To Rick Trone's email of August 26, 2021. It contains information that should be
beneficial to the Corps in there review also.
thanks
Wyatt
Sign and Submit

W By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, 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 agree that submission of this online 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 online form.
Signature:
Submittal Date: Is filled in autocratically.

September 22, 2021
To: Rick Trone
NC Division of Water Resources
Fr: Wyatt Brown
Brown's Environmental Group, Inc.
Re: Highgate Subdivision
Clayton, NC Johnston County
Request for Additional Information
SAW# 2020-00395 DWR# 20200285
Rick,
Below is a copy of the email requesting additional information for the Highgate IP application. I have
included the responses in Red. This is being submitted through the ePCN portal for all to review as
needed.
On July 15 2021 (fee receipt date), the Division of Water Resources (Division) received your
application requesting an Individual Water Quality Certification from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be
processed. The application is on -hold until all of the following information is received:
If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
[15A NCAC 02H .0502(c)]
Confirmed.
Please provide more details regarding avoidance and minimization of stream impacts for this
project at Area 1. The road crossing on the plans does not appear to be necessary. Please
eliminate the crossing or provide additional information as to why it is necessary for this
project. Clearly explain why this crossing must exist and why another option (e.g., cul de sac),
cannot be utilized instead to avoid the impact. If DOT or local governments have determined
a crossing must exist in this location please provide documentation stating this. (15A NCAC
02H .0506(b)(1)]
According to Town of Clayton, the roadway (and crossing) is specifically required to be built
as part of the Highgate Subdivision. A copy of the approved Subdivision Plans showing the
crossing and the Town of Clayton Conditions of Approval letter are included in the
Attachments packet.
See attached Town of Clayton Conditions of Approval, conditions 19 and 20, which state:
19. The road stubout from Phase 4 to the south, which involves a stream crossing, shall
be constructed or financially guaranteed prior to the platting of Phase 4.

20. All roadwav and traffic improvements recommended by the Town and/or NCDOT
shall be constructed or financially euaranteed prior to the Dlattine of the phase of
development that will trigger their necessity. If no phase is specified, the
improvements shall be reauired immediatelv.
• Please clarify if stream impact at Site 4, labeled as Construction, is the site of water line
utility installation. [15A NCAC 02H .0502(c)]
That is correct. Due to the proximity of the waterline utility to the adjacent road fill,
restoration of this construction impact is not possible.
Please enumerate all wetland impacts related to the greenway on the site plan and clearly
label impacts and impact amounts. An impact map for the greenway dated March 29, 2021
depicts impact amounts that do not match those on the impact table submitted with the
PCN. (15A NCAC 02H .0502(a)(9)]
A copy of the most recent impact maps for the overall subdivision (Map 1) and the proposed
Town of Clayton Greenway Trail (Map 2) are included with this submittal. It is possible that
the maps in the PCN submittal do not match the final maps, which were edited after
submittal and review by the USACE. Hopefully, the final impact maps (attached) will help
clarify labeling for all impacts, including the greenway.
• Please provide more information related to wetlands as a result of the greenway trail. Please
explain why the plan for the activity cannot be practically accomplished, reduced, or
reconfigured through the use of boardwalks or other means to minimize disturbance to
wetlands. [15A NCAC 02H .0502(c)]
In referencing the most recent impact maps for the proposed greenway: The greenway
delineation and subsequent permitting was not included in the original IP submittal (Jan
2021), as this is a Town of Clayton project. At request of the USACE in Feb 2021, the
greenway project was included in the IP request. Wetland delineation for the greenway was
conducted Feb 2021. There were four wetland areas identified within the proposed
greenway corridor (the delineation map from the Greenway JD Request is included in the
attachments packet). Two potential impacts to Wetlands 100 and 400 were removed and
avoided following a redesign of the greenway based on the delineation.
Two remaining impact areas at Wetlands 200 and 300 could not be relocated without
additional impacts. Wetland 300 extends from the east property line to the approximate
riparian buffer associated with Stream 1 (note: the wetland does not continue into the
buffer), and therefore the greenway cannot be realigned west to avoid the wetland without
impacting the riparian buffer. In addition, moving the impact west from the wetland into
the topographically lower riparian buffer does not allow the greenway to maintain grade,
and would require excessive fill in the buffer. Moving the impact east from the proposed
location would result in a bisection of the wetland, resulting in two smaller remaining areas.
Wetland 200 is a small drainage area at the base of a rock outcrop. The impact to this
wetland clips the headwater, where stormwater drains into the wetland, leaving the
downstream remainder of the wetland intact as it adjoins the riparian buffer. Due to the

topographic drop-off at this point, and the grade on the opposite side of the wetland, this
small area must be filled to maintain construction grade.
The proposed greenway impacts have been designed with permanent fill and two culverts,
to allow for hydraulic connection between the wetland (Wetland 300) and upland rainfall
(Wetland 200) and the adjacent riparian buffer and Stream 1. The proposed fill/culvert
construction is necessary due to the presence of shallow rock, which will not provide stable
base for an elevated boardwalk without drilling into rock, within the wetland.
In addition, a representative cost estimate for bridging a greenway (sample: 8 ft wide x 270
ft long) in a similar setting totaled over $110,000. This typical cost will increase greatly at
the Highgate site due to 1) wider footprint (10 ft per ADA requirements) and 2) increased
construction costs due to the shallow rock. Considering a typical residential greenway
project budget to be approximately $500,000, the additional costs — likely higher than
$125,000 - would be at least a 25% increase to the budget, creating a significant financial
hardship.
Of additional note: utilizing a boardwalk or bridge structure would also delay construction
by at least several months. The Town of Clayton has expressed their desire for the
greenway segment to be completed as soon as possible, and the construction, as proposed,
provides the most direct method to meet the needs of the Town and its citizens.
• Please clarify exactly what wetland impact of 0.010 acres at Site #4 is related to. [15A NCAC
02H .0502(c)]
In referencing the most recent impact maps for the proposed greenway: This impact is the
result of dividing a roadway/greenway impact of 0.04 acres into separate impacts of 0.03
acres for roadway and 0.010 acres for greenway. These impacts were determined to be
separate during final USACE review.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information in response to this email OR by submitting all of the above requested information
through this link: https.Iledocs.deg.nc.govIForms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of
this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Thank you,

Rick Trone
401 & Buffer Permitting Branch
NCDEQ — Division of Water Resources
[phone] office (please email due to Covid-19 adjusted operations)
512 N. Salisbury Street, Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
1�r.yrriw..r•+r� r
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
End of Original eMail.

Highgate Subdivision
SAW# 2020-00395
DWR# 20200285
Additional Information: Sept 2021
Attachment A:
Final Site Plan and Impact Map
Greenway Impact Map
Greenway Delineation Map

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Highgate Subdivision
Additional Information: Sept 2021
Attachment B:
Approved Subdivision Site Plans
Town of Clayton Conditions of Approval Letter

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Town of Clayton
Planning Department
111 E. Second Street, Clayton, NC 27520
P.O. Box 879, Clayton, NC 27528
Phone: [phone]
Fax: [phone]
December 8, 2017
Jerry Dalton
Dalton Engineering and Assoc.
PO Box 426
Clayton, NC 27528
Email: 'dat ltongdaltonen ing eering com
Re: Highgate Master Planned Community, rezoning to Planned Development -
Residential (PD-R) (2017-55-PDD) and Phase 4 addition and master plan
revision (2017-56-SD)
Dear Mr. Dalton:
On December 4th, 2017, the Town of Clayton Town Council approved your request for the above -
referenced rezoning and preliminary subdivision plat (acting as a master plan) to allow the addition
of land to the Highgate residential subdivision of 229± homes. A Written Notice of both decisions,
including conditions of approval for the preliminary plat, are attached for your records.
The rezoning will be processed by the Planning Department and registered with Johnston County;
you may consider that matter closed. However, the preliminary plat (master plan) requires further
action prior to final approval. Please record the approved conditions of approval on the cover sheet,
make any necessary changes to the plans according to the conditions of approval, and submit three
full-size plan sets to the Planning Department for final review and approval.
IMPORTANT INFORMATION:
Conditions of Approval: These conditions are binding on the project and should be provided to
all subsequent project developers.
Final Plan Sets: Please submit:
Three full-size plan sets for final review, meeting the Conditions of Approval, and
recorded on the cover page.
The Planning Department will review and approve the final plans for consistency with any
conditions of approval, and one set of stamped approved plans will be provided to the applicant.
A final plat will not be reviewed or issued until these final plan sets are approved by the Planning
Department.
Page 1 of 2

Utility Review: The review and approval of project water, sewer, storm drainage and street
construction drawings is a separate process. Two sets of these drawings must be submitted for
approval to Public Works Department when they become available.
Final Plat: Final Plat applications are available on the Town website or in the Planning Office.
Final Plats are submitted to the attention of Beth Franson in the Planning Department, who may
be reached at 919-553-5002 or [e-mail].
Modifications: Modifications to the approved preliminary subdivision or final plat will require
review and approval by the Planning Department pursuant to § 155.706 of the Unified
Development Code. If modifications are proposed, the final plat cannot be reviewed until the
Preliminary Subdivision Plat is modified.
Please call the Planning Department if you have any questions.
Sincj4y,
Jay*vlcLeod, AICP
Senior Planner
jwmcleod@,townofclaytonnc.org
919-553-5002
cc: Ryan Suman, Wakefield Development ([e-mail])
Beth Franson, Planning Analyst
Kimberly Moffett, Town Clerk
Christy Anastasi, Deputy Clerk
File folders: 2017-55-PDD and 2017-56-SD
encl.
Page 2 of 2

TOWN OF CLAYTON
SUBDIVISION APPROVAL 2017-56-SD
HIGHGATE'SUBDIVISION
GRANTED
On the date listed below, the Town Council for the Town of Clayton met and held an
evidentiary hearing to consider the following application:
Applicant: Creech NC, LLC / Everland Lee, LLC
Property Location: Southeast Quadrant Intersection Shotwell & Covered Bridge
Roads
Tax Parcel Number: 165907-79-0962 / 175000-50-9426
Proposed Use 229 Single -Family Residential Lots
of Property:
Meeting Date: December 4, 2017
Having heard all the evidence and argument presented at the hearing, the Town Council
finds that the application is complete, that the application complies with all of the
applicable requirements of the Clayton Zoning Ordinance for the subdivision proposed,
and that, therefore, the application to subdivide the above -described property for the
purpose indicated is hereby approved, subject to all applicable provisions of the Zoning
Ordinance and the following conditions:

(1) The applicant shall complete the subdivision strictly in accordance with
the plans submitted to and approved by this Board, a copy of which is filed in the
Planning Department office.
(2) If any of the conditions affixed hereto or any part thereof shall be held
invalid or void, then this approval shall be void and of no effect.
The Town Council imposed the following additional conditions of the Subdivision
Approval:
General
1. The previous conditions of approval for 15-27-01-SD, Highgate Master Plan
(formerly Creech or Wynwood Manor) shall be struck and replaced with the
conditions contained herein.
2. Following Board approvals, three copies of the Master Plan / Preliminary
Subdivision Plat, with the final Conditions of Approval inserted, and meeting the
requirements of the Conditions of Approval and all requested revisions, shall be
submitted to Planning Department for final approval. The Conditions of Approval
for the master plan shall be binding upon the master preliminary plat and upon
the planned development rezoning, and shall be recorded on each associated
ordinance, as well as on the associated master plan (preliminary plat). The
following items shall be recorded on the plans before they are valid and before
they receive final approval from the Planning Department:
a. The dimensional standards table shall be revised to reflect the following
criteria: 6,000 sqft min. lot size, 40% max. lot coverage, and 55% max.
impervious surface.
b. Add note under the Legend on the Master Plan sheet that "no more than
65% of lots shall be 60' or narrower, and no more than 40% of lots shall
be 50' or narrower."
c. The greenways shall be extended to the property line, including across
riparian buffers if necessary. Fee -in -lieu may be provided where full
connection across a riparian buffer is not feasible at the time construction
would be required. A wider sidewalk may be used to make greenway
connections where appropriate. Where such sidewalk connection
functions as part of the overall greenway trail or network, the wider
sidewalk shall meet the dimensional requirements (width, clear zone and
separation requirements, landscaping separation, grading and slope
constraints, etc.) of the Town's greenway design specification.
d. The sidewalk at Street F (also known as Street H) shall be connected to the
greenway. A wider sidewalk may be used to make greenway connections
where appropriate. Where such sidewalk connection functions as part of
the overall greenway trail or network, the wider sidewalk shall meet the
dimensional requirements (width, clear zone and separation
requirements, landscaping separation, grading and slope constraints, etc.)
of the Town's greenway design specification.

e. On the Parks, Opens Space, and Pedestrian Circulation Plan sheet:
i. Greenways that will become a linear section of the Sam's Branch
greenway, including generally along the riparian buffer and
connecting to and including the greenways on Shotwell Road and
Covered Bridge Road shall be labeled as "public greenways,
intended for dedication to the Town". All other greenways shall be
labeled as "private".
ii. Add a note stating that "all greenways shall be a minimum of 10'
wide and built to Town standards".
3. The Master Plan / Preliminary Subdivision Plan is considered a preliminary plat.
Individual phases are subject to final plat review.
4. The development of the property is limited to the parameters established on the
Master Plan as approved by the Town Council. Modifications to the approved
Master Plan / Preliminary Subdivision Plan or Master Plan Document shall
require review and approval in accordance with Section 155.705 of the Unified
Development Code. In addition, modifications to quality, style, and materials that
are determined by the Planning Director not to meet or exceed the original intent
or do not classify as "minor" modifications per the Unified Development Code
shall require major review and approval.
S. A homeowners' association (HOA) document shall be recorded by the developer
prior to final plat approval of the first residential phase. The HOA document shall
assure responsibility for maintenance of all common facilities and provide
adequate means for funding to do so.
Parks/Recreation/Open Space
6. Resource Conservation Areas (RCAs) as defined by Section 155.500 of the Unified
Development Code (UDC) shall be identified on the final plats as being
permanently set aside, and shall be protected in perpetuity by a binding legal
instrument recorded with the deed which includes clear restriction on the use of
the resource conservation area, as described in Section 155.500(F) of the UDC.
7. Neighborhood parks, phases of greenway, and recreational amenities, including
the clubhouse/pool site, shall be reviewed as Minor Site Plans prior to
construction.
8. The clubhouse and pool shall be completed (or have completion financially
guaranteed) prior to the platting of Phase 2.
9. Five foot wide sidewalks or ten foot wide paved multi -use paths shall be installed
along at least one side of all roadways within the development as identified in the
Master Plan. Where sidewalks are on only one side of the road, the developer
shall provide a minimum ten -foot wide paved greenway/multi-use trails within
the development on an equivalent basis based on cost. An Engineer's estimate
which documents the cost allocations (in linear footage) between the deleted five
foot concrete sidewalk and the proposed 10 foot asphalt multi -use path is
required. Any cost shortage between the required five foot sidewalk and 10 foot
multi -use path shall be paid as a fee -in -lieu. This condition is consistent with the

waiver granted from UDC Section 155.602(H) to modify the requirement to
provide sidewalk on both sides of the street
10. All sidewalks and greenways shall be financially guaranteed or constructed prior
to plat recordation for the associated phase, with the exception that the sidewalk
in front of residential units must be installed prior to the issuance of a Certificate
of Occupancy of the unit.
11. Street trees shall be installed at time of road construction or else financially
guaranteed prior to platting.
12. The acreage of recreation and open space, and active recreation areas identified
in the Master Plan shall be considered minimum requirements and may not be
reduced below that required for an open space subdivision without approval by
the Town Council. The recreation areas shall be constructed concurrent with the
construction of the associated phase and shall be installed or financially
guaranteed prior to the platting for that phase.
Development Standards
13. Final location of the CBU mailbox area has been approved in the Minor Site Plan
for the clubhouse / recreation area, and all mailboxes for phases 1-4 shall be in
this location.
14. All lots with pedestrian or drainage easements shall observe setbacks for fences
from those easements as if those easement lines were the property lines.
Roadways and Access:
15. No more than 75 certificates of occupancy may be issued within the subdivision
until the required secondary access has been constructed or financially
guaranteed for construction.
16. The Right -of -Way (ROW) dedication along Covered Bridge Road shall occur prior
to platting Phase 1 or any subsequent phase.
17. The right-of-way reservation along Shotwell Road shall occur prior to the platting
of Phase 4 or any phase adjacent to Shotwell Road.
18. The roadway connection to the south across the creek (in or adjacent to phase 1,
labeled as either Street F or Street H) shall be constructed or financially
guaranteed prior to the platting of the third phase (or phase 3, whichever comes
first) of the development.
19. The road stubout from Phase 4 to the south, which involves a stream crossing,
shall be constructed or financially guaranteed prior to the platting of Phase 4.
20. All roadway and traffic improvements recommended by the Town and/or NCDOT
shall be constructed or financially guaranteed prior to the platting of the phase of
development that will trigger their necessity. If no phase is specified, the
improvements shall be required immediately.
21. If another development contributes to traffic at any location requiring traffic
improvements, the other development will contribute to the cost of the traffic

signal based on their proportional impact, at the Town's discretion of
determining such impact.
22, A schedule for traffic improvements, including designation of responsibility and
milestones for action, will be agreed upon by involved parties, including the
Town, developers of land represented in the Traffic Impact Analysis, and NCDOT.
This shall occur prior to the platting of any other phases, regardless of ownership
or applicant.
Landscaping /Environmental
23. All required landscaping buffers or plantings shall be installed or financially
guaranteed prior to the platting of the phase in which they occur.
24. Street tree species shall be approved by the Town Engineer and Town Planning
Director as part of individual phase final plat or site plan review.
25. Resource Conservation Areas as defined in Article 5 of the Unified Development
Code shall remain undisturbed pursuant to standards of Article 5, and shall be
shown on all plats as being permanently set aside pursuant to the UDC
requirements.
26. Prior to site grading and construction activities, tree protection fencing shall be
installed around all Resource Conservation Areas. Once the tree protection fence
is installed, it must be inspected by the Planning Department prior to
construction activity.
Waiver
27. The requirement to provide sidewalk on both sides of the street, per Section
155.602(H) of the Unified Development Code, is modified to require the
provision of sidewalk on one side of each street, and 10' public greenway
elsewhere in the development, substituted on a dollar -for -dollar basis.
IN WITNESS WHEREOF, the Town has caused this approval to be issued in its name.
TOWN OF CLAYTON
0�1a OF CLq y'>O
e�
2�
INCORPORATED*
APRIL 1869 = BY:
a
Jody L. McLeod
rj.Mayor
ATTEST: rON,
(SEAL)
Kimberly A. Mo fett, CMC, NCCMC
Town Clerk