20220940 Ver 1_More Info Received_20220906

Strickland, Bev
From: Harbour, Jeff W <[e-mail]>
Sent: Tuesday, September 6, 2022 4:32 PM
To: Cohn, Colleen M; Hopper, Christopher D CIV USARMY CESAW (USA)
Cc: Kevin Varnell; Cynthia (Cindy) Szwarckop
Subject: RE: [External] RE: Project #: 20220940 Ver 1 The Laurel SAW-2021-02032
Attachments: The Laurel DMS acceptance.pdf; The Laurel Subdivision Buffer Approval.pdf; CE-04.pdf
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Colleen,
Please see the responses to your questions below and attached.
1. SOA attached
2. We did not proposed a rip rap dissipator since the pipe was buried 12". There will be some rip rap inside the
wing wall area but not 20 feet downstream.
3. Cross Section of the Culvert is shown on Sheet CE-04
4. Approved JoCo Buffer Permit attached.
Let me know if you have further questions. Thank you
Jeff Harbour, PWS
Senior Scientist I Natural Resources
2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
jeff.harbour©terracon.com I Terracon.com
From: Cohn, Colleen M <[e-mail]>
Sent: Tuesday, September 6, 2022 10:46 AM
To: Harbour, Jeff W <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Kevin Varnell <[e-mail]>; Cynthia (Cindy) Szwarckop <[e-mail]>
Subject: RE: [External] RE: Project #: 20220940 Ver 1 The Laurel SAW-2021-02032
Hi Jeff,
1' beginning my review, and in order to complete the review, some additional information is required:
1. A Statement of Availability from a private mitigation bank was not included for the 0.389ac of wetlands impacts.
Please provide a Statement of Availability. [15A NCAC 02H .0502(c)]
1

2. Does the 106 linear feet of stream impact include a rip rap dissipator? [15A NCAC 02H .0502(c)]
3. Please provide a cross section of the culvert. [15A NCAC 02H .0502(c)]
4. It appears that this parcel falls under Johnston County's delegated authority for Neuse Riparian Buffers. Please
provide confirmation that buffer impacts will be submitted to Johnston County for authorization or supporting
documentation that this project is outside of Johnston County's delegated authority. [15A NCAC 02H .502(c)]
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Harbour, Jeff W <[e-mail]>
Sent: Friday, September 2, 2022 11:08 AM
To: Cohn, Colleen M <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Kevin Varnell <[e-mail]>; Cynthia (Cindy) Szwarckop <[e-mail]>
Subject: [External] RE: Project #: 20220940 Ver 1 The Laurel SAW-2021-02032
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Colleen and Chris,
Just checking in with you about this review.
Thanks
Jeff Harbour, PWS
Senior Scientist I Natural Resources
2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
jeff.harbour©terracon.com I Terracon.com
If CM 0 CO
From: Harbour, Jeff W
Sent: Thursday, August 25, 2022 2:18 PM
To: Cohn, Colleen M <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Kevin Varnell <[e-mail]>; Cynthia (Cindy) Szwarckop <[e-mail]>
Subject: Project #: 20220940 Ver 1 The Laurel SAW-2021-02032
Colleen and Chris
2

Just wanted to check with you since the DWR PN period has ended and the RAI questions have been submitted back to
you Thanks!!!
Jeff Harbour, PWS
Senior Scientist I Natural Resources
2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
jeff.harbour©terracon.com I Terracon.com
3

July 13, 2022

Cynthia Szwarckop
Dan Ryan Builders
3000 RDU Center Drive Suite 202
Morrisville, NC 27560 Expiration of Acceptance: 1/13/2023

Project: The Laurel County: Johnston

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Neuse 03020201 Riparian Wetland 0.389

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28,. Thank
you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Jeff Harbour, agent

Johnston County
DEPARTMENT OF PUBLIC UTILITIES
Post Office Box 2263
SMITHFIELD, NC 27577
[phone]

August 25, 2022

JC # 22-080
Johnston County

Dan Ryan Builders – North Carolina, LLC
Attn: Cindy Szwarckop
3000 RDU Center Drive
Morrisville, NC 27560

Subject: APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS
The Laurel Subdivision –Road Crossing

To Whom It May Concern:

You have our approval for the impacts listed below for the purpose described in your
application dated July 12, 2022. These impacts are covered by the Buffer Rules and the
conditions listed below. 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)
the Johnston County Erosion and Sediment Control Ordinance and the Stormwater Ord inance.

This approval requires you to follow the additional conditions listed below:

1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved,
including incidental impacts.

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers – Zone 1
Road Crossing 6,008.0 (square feet) (square feet)
Buffers – Zone 2
Road Crossing 3,518 (square feet) (square feet)

2. 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 Authorization.
If you change your project, you must notify the County 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 Authorization and is responsible for complying
The Laurel Subdivision
Buffer APPROVAL
Page 2 of 3

with all conditions. Disturbances on this site cannot begin until the erosion control
permit is issued.

Landowners or affected parties that dispute this Authorization may request a determination by
the Director of the Division of Water Resources (DWR). An appeal request must be made
within sixty (60) days of the date of this letter or from the date the affected party (including
downstream and/or adjacent owners) is notified of this letter. A request for a determination by
the Director of DWR must be referred to the Director in writing c/o Director, DWR 401 & Buffer
Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699. A copy of the request should also
be sent to Jessica Batten, Johnston County Public Utilities, P.O. Box 2263, Smithfield, NC 27577,
or electronically at [e-mail].

The Director’s decision can be contested as provided in Articles 3 and 4 of 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 [phone] 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 [phone], 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.

Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601

This approval and its conditions are final and binding unless, as detailed above, you ask for an
appeal or contest the decision within sixty (60) days.

The Laurel Subdivision
Buffer APPROVAL
Page 3 of 3

This letter completes the review of the County under Neuse Riparian Buffer Protection
Ordinance as described in Article VII Section 14-393. Please contact Jessica Batten at 919-209-
8333 or [e-mail] if you have any questions or concerns.

Sincerely,

Jessica Batten
Development Engineer/ Stormwater
Manager

cc: Charles Pender, Johnston County
Shannon Stanley, Johnston County

CE-04
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