20220413 Ver 1_01_PennyFarm_Cover_Letter_JRH_20220314

March 7, 2022

Mr. Chris Hopper
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Ms. Colleen Cohn
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604

RE: Nationwide Permit 39 Application – Copper District Project – Phase 1
Clayton, Johnston County, North Carolina

Dear Mr. Hopper and Ms. Cohn:

On behalf of our client, Craig Davis Properties, Inc, Kimley-Horn is submitting the attached application
for authorization under Nationwide Permit (NWP) 39 for the above referenced project in Johnston
County. The project proposes to construct a mixed-use development located south of NC-42 and east
of the US Highway 70 Bypass in Clayton, NC.

A pre-application meeting was held to discuss the proposed project with Chris Hopper of the US Army
Corps of Engineers (USACE) on October 13, 2021. During this meeting and follow up coordination
afterwards, it was determined that the proposed roadway network and the mixed use development
would need to be permitted as a single and complete project.

The Site was delineated by Kimley-Horn staff in August 2020. An Approved Jurisdictional
Determination request was submitted to Chris Hopper of the USACE on November 19, 2020 and a
field review was held on January 21, 2021 (SAW-2020-02050). A Buffer Determination was issued by
Cheng Zhang of the North Carolina Division of Water Resources (NCDWR) on January 29, 2021
(NBRRO#20-385).

Since the pre-application meeting, the project has been split into two phases that will be permitted
and developed seperately as demand supports the project need. Phase 1 is included in this
application and consists of the roadway infrastructure and development in high ground areas of the
Site, has been designed to limit impacts to the extent practicable while still providing the necessary
infrastructure for this development phase. Phase 2 will be designed and developed in the future and
will consist of additional roadway infrastructure and development areas, and additional impacts are
anticipated in the eastern portions of the Site. The permit application package for Phase 2 will include
impacts proposed in Phase 1 and will document and consider impacts on a cumulative basis between
both phases, however full design and in-depth avoidance and minimzation discussions have not been
developed for Phase 2 but will be provided in the Phase 2 permit application in the future when
growth in this area of Clayton promotes the need for the additional development and impacts.
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

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The proposed project has been designed and located to avoid and minimize impacts to environmental
features, however, necessary and unavoidable impacts to wetlands, streams, and Neuse River Basin
riparian buffer zones will result from construction of the proposed project. Two headwater wetlands
(W1 and W3) and a perennial stream (S1) will be permanently impacted as a result of the proposed
roadway infrastructure construction. At Impact Site 1, wetland W3 will be permanently impacted as a
result of a proposed traffic circle and main entrance road into the Site. At Impact Site 3, wetland W1
and stream S1 will be permanently impacted as a resulted of a proposed perpendicular roadway
crossing to access the eastern portion of the Site. A total of 0.41 acre of permanent wetland impacts
and 0.03 acre (157 LF) of permanent stream impact will result from the proposed project. Additionally,
temporary wetland impacts to wetlands W3 will result from temporary construction access to
construct the roadway corridors. A total of 0.06 acre of temporary wetland impacts will result from the
proposed project. Temporary impacts resulting from construction access and dewatering to facilitate
the culvert installation at stream S1 will result in a total of 0.03 acre of temporary impact between the
upstream and downstream reaches.
Unavoidable Neuse River Basin Buffer impacts will result from the proposed project. At Impact Site 2,
Neuse River Buffer Zone 2 will be permanently impacted as a resulted of proposed grading and
revegetation along the right bank of stream S1, and buffer zone 1 will be temporarily impacted to
facilitate construction access and minor rehabilitation work along the berm of Pond P2. At Impact
Site 3, Neuse River Basin Buffer Zones 1 and 2 of stream S1 will be permanently impacted as a
result of the proposed perpendicular roadway crossing.. At Impact Site 4, Neuse River Basin Buffer
Zone 2 will be permanenly impacted as a resulted of proposed site grading and revegetation along
the right bank of stream S1. In total, the project proposes 13,577 square feet of permanent impact to
Zone 1 and 16,694 square feet of permanent impacts to Zone 2.

To offset the 0.41-acre of unavoidable permanent wetland impacts and 157 LF (0.03-acre) of
unavoidable permanent stream impacts, Mitigation for permanent wetland and stream impacts has
been proposed at a 2:1 ratio. The project has reserved 0.82-acre of wetland credits and 314 stream
rd
mitigation credits for compensatory mitigation with 3party mitigation banks accordingly. The
Statement of Availability is included as part of this PCN application package.

To assist in your review of this NWP application, the following information has been included:

PCN Application Form
Signed Agent Authorization Form
Figures
Permit Impact Drawings
Buffer Determination Letter
Plan Sheets
Mitigation Bank Statement of Availability
NCDWR 401 Application Fee of $570

kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

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If you need any additional information to assist in your review of this NWP application, feel free to
contact me at 919-678-4155 or [e-mail].

Sincerely,

Jason Hartshorn, PWS

Attachments
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000