20221617 Ver 1_More Info Requested_20230105

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

January 4, 2023

DWR # 20221617
Johnston County

Eastfield Associates LLC
Attn: Mr. Kevin Dougherty
101 S. Raiford St, Suite 200
Selma NC 27576

Delivered via email to: [e-mail]

Subject: REQUEST FOR ADDITIONAL INFORMATION
Eastfield Development

Dear Mr. Dougherty:

On November 17, 2022, 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 the following information is received:
1. The application is considered incomplete until the conclusion of a public notice comment period
pursuant to a Public Notice issued by the U.S. Army Corps of Engineers (USACE). If the USACE
requests a response to any comments received during the Public Notice, please provide the Division
with a copy of your response to the USACE.
2. Your application notes that stream buffer impact D is to be permitted under a separate application.
The Division considers that area to be part of the overall projects, as shown in this application. The
application submitted for Impact D, submitted as Eastfield Retail Block A (DWR# 20221707) will be
incorporated into this project review.
3. Please provide another copy of the wetland map. The map that was provided with the application is
not legible.
4. Please provide a jurisdictional features map that has been verified by the USACE. Please ensure the
documentation includes confirmation that the pond that is adjacent to I95 has been determined to
be isolated by the USACE and that the tributaries on the eastern portion of the project have been
determined to be jurisdictional ditches rather than jurisdictional streams. The plan sheet provided
with this application does not appear to match the wetland determination map previously
submitted as part of the Nationwide Permit application for Providence Road Construction
(DWR#20201750).

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Eastfield Development
DWR# 20221617
Request for Additional Information
Page 2 of 5

5. Clarify whether a buffer determination has been conducted, and has not expired, for the entire
project site.
6. The application notes that some roadway impacts were previously approved by authorization under
Nationwide Permits. All impacts that have been previously approved need to clearly called out in
the application. The areas identified on the current plans do not appear to correspond with the
plans in DWR Project #20201750. In addition, clearly indicate which previously approved impacts
have been constructed and which have not been constructed to date. Please note that these
impacts were approved under General Certification 4135 which has expired, therefore any impacts
that have not been constructed will require reauthorization.
7. Provide mitigation acceptance letters and/or statement of availability letters from your proposed
mitigation providers.
8. The application states that the total impacts are approximate. The Division is unable to issue a 401
for approximate impacts. Provide detailed construction plans showing exact impact amounts. If the
project is proposed to be constructed in phases, you may submit detailed construction plans for
Phase 1 and conceptual plans and impact amounts for future phases. Please ensure that the
detailed construction plans show the proposed fill slopes, any potential impacts for construction
activities/access, appropriate dewatering as necessary, and any required sediment and erosion
control measures.
9. Pursuant to 15A NCAC 02H .01305(b) “In assessing whether the proposed activity will comply with
water quality standards, the Division shall evaluate if the proposed activity: (1) has avoided and
minimized impacts to surface water and wetlands….”. You have provided a statement that
alternative site designs did not meet the applicants purpose and need. However, you have neither
provided on-site alternative layouts, nor sufficient information to support that the current layout is
the least impactful to the maximum extent practicable. Please provide more detailed information
regarding why further modifications to any project components, such as reduction in the number of
residential units or the size or layout of commercial buildings, or the reduction in widths or
realignments of roads, or the reduction or redesign of industrial and/or commercial buildings within
the project are not feasible to further reduce impacts.
If the locations or widths of roads are dictated by local government requirements or transportation
plans, then the avoidance and minimization analysis must be based on traffic analysis. DWR
understands that many local governments require developers to design and construct roadways
identified on the transportation plans, however DWR will evaluate the justifications for location and
widths of these roads as if they were being proposed/designed by the local government. A
statement that the location or design is required by the local government will not be considered a
sufficient avoidance and minimization justification.
Please note that if any of the justifications are based on financial reasons, then the justification
should include specific detailed information regarding the loss of the area/facilities (number of lots,
etc) when considered as part of the entire project. In addition, construction and mitigation costs
should be included in any financial justification.

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Eastfield Development
DWR# 20221617
Request for Additional Information
Page 3 of 5

The following are specific areas where it appears further avoidance and/or minimization may be
feasible.
a. Provide traffic information that supports the proposed roadway design of two lanes with a
center turn lane.
b. It appears that Impact areas 6A could be avoided by removing 2 lots from the development.
c. It appears that Impact area 6B could be avoided or reduced by removing up to 5 lots from the
development.
d. It appears that Impact area 6C could be avoided by removing up to 5 lots from the development.
10. The plan sheets provided show impacts to buffers from a greenway in the vicinity of Impact 6A.
However, these impacts do not appear to be included in this application. It also appears that there
may be fill slope impacts to the riparian buffer in the vicinity of impact 6A. Clearly show fill slopes
adjacent to/within all impact areas and buffers throughout the project.
11. Provide a detailed description of the proposed development and associated infrastructure (parking,
road network, etc) in the Eastfield Industrial Park section of the project. Please ensure the
description includes details regarding how the size of the project and necessary infrastructure has
been determined. Please also provide a plan sheet that shows the future use/development for
proposed Impact E.
12. Provide final construction drawings (plans, cross-section, and profiles,) for the relocated
jurisdictional tributary at proposed Impact E.
13. It appears that the development has been designed such that future access to parcels located on the
eastern edge of the property, just to the south of the future industrial development, would require
additional impacts to wetlands, streams, ponds and buffers. Please provide an application and
documents that show all future development areas are accessible and buildable without additional
impacts, or incorporate future impacts into the current application.
14. It appears that the project impacts have the potential to disconnect large wetlands. For example,
the plans do not indicate that culverts will be installed within roadways to connect wetlands on
either side of the proposed fill.
15. In order to carefully evaluate that all culvert installations will not cause water quality violations,
please provide detailed culvert information, including culvert sizing as well as plan and profile
drawings. You must provide detailed information for Phase 1 impacts; however, you may provide
conceptual/typical plans for future phases.
16. Please clarify if there will be any additional utility impacts within the project site.
17. Pursuant to 15A NCAC 02H.0506(b) “a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes
designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy, as defined

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Eastfield Development
DWR# 20221617
Request for Additional Information
Page 4 of 5

in rules of 15A NCAC 02B .0200…”. In assessing whether the proposed activity will comply with water
quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute
to a violation of water quality standards; (3) would result in secondary or cumulative impacts that
cause or contribute to, or will cause or contribute to, a violation of water quality standards;” The
application states that the project is subject to a local government post construction water quality
stormwater review, however according to the Division of Energy, Mineral and Land Resources
website, this project is located outside of any local government jurisdiction for water quality
stormwater review. Therefore, in order to ensure protection of downstream water quality, please
provide a complete stormwater management plan for review. Please ensure that it includes all
appropriate supplemental forms, O&M agreements, calculations, engineering drawings, etc., that
complies with the requirements of the State Stormwater Program. The Stormwater Design Manual
and applicable forms may be found on the DEMLR’s website at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
guidance/stormwater-bmp-manual. In addition, please also submit the application form SWU-101
(attached). However, the $505 application fee and last two signature pages of this form may be
omitted.
18. Please provide a detailed qualitative indirect and cumulative impact analysis that clearly follows the
steps outlined in the Division’s policy for guidance on our website at:
http://portal.ncdenr.org/web/wq/swp/ws/401/policies. [15A NCAC 02H .0506(b)(4)]
19. Please provide responses to the attached recommendations from the NCWRC.

It is important to note that a complete review of the project could not be conducted at this time based
on the information and lack of information that was submitted. Upon receipt of the requested
information, additional requests may be necessary to determine compliance with all appropriate state
regulations.

Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, the applicant shall furnish all 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 to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617
OR by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note that the DWR# requested
on the link is referenced above).

If all 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 or the
Tar-Pamlico Buffer Rules for this activity and any work done within waters of the state may be a
violation of North Carolina General Statutes and Administrative Codes.

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Eastfield Development
DWR# 20221617
Request for Additional Information
Page 5 of 5

Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.

Sincerely,

Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch

Electronic cc: Robert Turnbull, Terracon
Chris Hopper, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR RRO
DWR 401 & Buffer Permitting Branch file

Filename: 20221617_Eastfield Development_Johnston_IP_addinfo.docx

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
Cameron Ingram, Executive Director
MEMORANDUM
TO: Sue Homewood
Division of Water Resources
N.C. Department of Environmental Quality
FROM: Gabriela Garrison
Eastern Piedmont Coordinator
�i�.W
Habitat Conservation
DATE: December 15, 2022
SUBJECT: Individual Permit Application for Eastfield Development, Johnston County, North
Carolina (DEQ Project No. 2022-1617).
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), North Carolina Environmental Policy Act (G.S.
113A-1 through 113A-10; 1 NCAC 25), and North Carolina General Statutes (G.S. 113-131 et seq.).
Adventure Development proposes to construct the Eastfield Mixed -use Development. The proposed
project area is approximately 348 acres and located east of the intersection of NC Highway 70 and
Interstate 95, south of Selma. Currently, the project site consists of mixed hardwoods, agricultural fields,
utility easements, and buildings. Proposed project work includes road construction, utility installation,
and site grading for future residential, commercial, and industrial use.
Permanent project impacts from the Eastfield Development include the following: 151 linear feet of
stream channel loss, 4.092 acres of wetland loss, and 1.024 acre of ditch loss. Temporary impacts include
30 linear feet of stream channel. Permanent buffer impacts include 6,414 square feet in Zone 1 and 5,011
square feet in Zone 2.
Aerial images and maps indicate Bawdy Swamp and unnamed tributaries to Mocassin Creek bisect the
proposed project area. The NCWRC is concerned with potentially adverse ecological impacts resulting
from project construction. Placing fill in aquatic systems can alter hydrology, result in significant
negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Additional
impervious surface in developing areas results in increased stormwater runoff that can impact stream
morphology. This will cause further degradation of aquatic habitat through accelerated stream bank
erosion, channel, and bedload changes, altered substrates and scouring of the stream channel. In addition,
pollutants (e.g., sediment, heavy metals, pesticides, and fertilizers) washed from developed landscapes
can adversely affect and extirpate species downstream.
Forest fragmentation is a serious concern as outlying areas of Smithfield and Selma remain predominantly
rural. Reduction of habitat due to fragmentation has severe impacts on wildlife populations, including
Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
December 15, 2022
Eastfield Development
IP Application
deleterious effects on reproduction and migration. Small patches of forest often become degraded and
provide little or no value to remaining wildlife. In addition, as healthy ecosystems are disturbed and
minimized, invasive plant species become established and create monocultures in areas that previously
hosted diverse and intricate natural communities. As such, the NCWRC offers the following guidance
and recommendations to minimize impacts to aquatic and terrestrial wildlife resources:
1. The NCWRC recommends maintaining 100-foot, native, forested buffers on all perennial streams and
50-foot, forested buffers on all intermittent steams. If wooded buffers do not exist, these areas should
be revegetated or allowed to naturally revegetate to increase functionality. Periodic checks should be
established to ensure invasive species are not growing in areas that have been disturbed during
construction. Wooded buffers include a combination of native trees, shrubs, perennials, and warm
season grasses. There are local nurseries that specifically sell native vegetation suitable for riparian
areas. Non-native grassed buffers, particularly fescue, do not provide the necessary and highly
valuable functions that forested buffers provide, including refugia and travel corridors for terrestrial
wildlife species. In addition, forested buffers protect water quality by stabilizing stream banks and
filtering stormwater, including sediment, nutrients, pesticides, and other material found in runoff.
2. Small, isolated wetlands are not protected by state and federal regulations but provide critical
breeding habitat for declining populations of amphibians. These areas are important for the
protection of biodiversity, groundwater recharge, and reducing sedimentation and pollution into
streams and rivers. These wetlands are considered an imperiled habitat in the 2015 North Carolina
Wildlife Action Plan(http://www.ncwildlife.org/plan). As such, the NCWRC recommends
maintaining a 150-foot forested buffer around all small, isolated wetlands.
3. The NCWRC recommends the use of Low Impact Development (LID) technology and effective
stormwater management strategies. Possible suggestions include engineered stormwater wetlands,
bioswales, and permeable pavement. Information on other LID techniques can be found in `Low
Impact Development, A Guidebook for North Carolina':
https:Hdigital.ncdcr. og v/digital/collection/ l6062co119/id/232781.
4. Recreational areas and trails in open spaces should be located outside forested, riparian buffers and
surfaced with pervious materials. Further information can be found here:
https://www.railstotrails.org/build-trails/trail-building-toolbox/trail-building-and-design/developing-
trails -in -sensitive -areas/.
5. Avoid the removal of large trees at the edges of construction corridors. Disturbed areas where
stabilization is needed should be re -seeded with seed mixtures that are beneficial to wildlife - see
attached Table. The NCWRC strongly recommends against the use of fescue -based mixtures and
Sericea lespedeza (Lespedeza cuneata) as stabilizing groundcover. Sericea lespedeza in particular is
an egregious and invasive, non-native species that spreads easily and is very hard to eradicate.
Native, annual small grains appropriate for the season are preferred and recommended. Pollinator
mixes are commercially available and provide forage and shelter for numerous species of bees,
butterflies, moths, and birds. Using native species instead of ornamentals should reduce the need for
water, fertilizers, and pesticides, as well as preserve the natural integrity of the ecosystem.
6. The NCWRC strongly encourages the use of native vegetation in public areas and rights -of -way. In
efforts to restore diversity and ecosystem functionality in a highly fragmented landscape, please also
consider revegetating residential and commercial areas with native trees, shrubs, warm season grasses
and perennials that are attractive and valuable to pollinating insects and other wildlife. The following
website has a wide assortment of native vegetation specific to North Carolina:
https://ncbg.unc.edg/wp-content/uploads/sites/963/2019/08/NativePlantsWoody_pd£ In addition,
there are numerous local nurseries that specialize in native plants for both upland and riparian areas.
Free technical guidance from NCWRC biologists is available upon request.

Page 3
December 15, 2022
Eastfield Development
IP Application
7. Please confirm that all contractors and landscapers have been educated on proper herbicide use and
protocol. In areas where native vegetation will be installed, please post signage to ensure that
contractors will not spray on or in the vicinity of the vegetation. Staff biologists from NCWRC
monitor numerous sites across the State where contractors and landscapers have unknowingly sprayed
native vegetation because it was not clearly marked. Insecticides and herbicides should not be used
within 100 feet of perennial streams and 50 feet of intermittent streams, or within floodplains and
wetlands associated with these streams.
8. In addition to standard erosion and sediment control measure, the use of biodegradable and wildlife -
friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls
and/or other products should have loose -weave netting that is made of natural fiber materials with
movable joints between the vertical and horizontal twines. Silt fencing and similar materials that
have been reinforced with plastic or metal mesh should be avoided as they impede the movement of
terrestrial wildlife species. Existing DWR 401 certifications state that `erosion control matting that
incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within
wetlands. Exceptions to this condition require application to and written approval from DWR'.
Plastic -free mesh or twine in all erosion control matting should be used in all areas within the project
boundary.
The NCWRC encourages the applicant to consider additional measures to protect aquatic and terrestrial
wildlife species in developing landscapes. The NCWRC's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water
Quality (August 2002; http://www.ncwildlife.org/Portals/0/Conserving/documents/2002_
GuidanceMemorandumforSecondgaandCumulativeImpacts.pdf) details measures to minimize secondary
and cumulative impacts to aquatic and terrestrial wildlife resources.
In addition, please consider following guidance found in the Green Growth Toolbox:
https://www.ncwlldlife.org/conserving/rograms/Green-Growth-Toolbox. This is a guide specifically
designed for local governments to conserve natural resources while sustaining economic growth. An
applicable strategy for the Eastfield Mixed -use Development would include creating higher density areas
of residential and commercial development in order to leave larger areas of green space and recreational
areas.
Thank you for the opportunity to review and comment on this project. If I can be of further assistance,
please contact me at [phone] or gabriela.garrisonkncwildlife.org.

Page 4
December 15, 2022
Eastfield Development
IP Application
Table: Wildlife -friendly stabilizing groundcover.
lblac
cost/lb
Proso or Brown Top Millet
Austrian Winter Pea or Iron Clay*
Buckwheat
Durana Clover
Black-eyed Susan
P urp letop
Beaked Panicgrass
Wild Rye*
Carthage Switch Grass
Partridge Pea
Ragweed
30
0.88 $26.40
1.1 $11.00
0.88 $35.20
8.33 $41.65
22 $22.00
22 $110.00
19.8 $79.20
6.6 $33.00
6.6 $26.40
6.6 $19.80
13.33 $13.33
10
40
5
1
5
4
5
4
3
1
Sum $417.98
Prices from Adams Briscoe or Ernst
Ernst Mix NC Steep Slope Mix $993.60 plus cover crop
Other mixes run 700 to $800 without cover.
* During cool season use Austrian Winter Peas and increase Wild Rye to 20 Ibs.