20090735 Ver 2_More Info Received_20150514

LETTER OF TRANSMITTAL
To Ms Karen Hiqqins
J
MCADAMS
Date
NC Division of Water Resources
NCDWR — 401 & Buffer Permitting Unit
512 N Salisbury Street
Raleigh, North Carolina 27604
Re Corbinton Commons Job No
Amendment to GC 3890 Application
I am sending you the following item(s)
aoa�io�
May 14, 2015
** HAND DELIVER **
EYC -14010
COPIES
DATE
NO.
DESCRIPTION
4
For review and comment
Amendment to GC 3890 PCN Application Package
1
Digital CD
These are transmitted as checked below
❑
As requested
®
For approval
❑
For review and comment
Remarks
❑ For your use
Copy to Signed l
in ates
sect Manager, Water Resources and
nfrastructure
Raleigh- Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd , Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina
(919) 361 -5000 (704) 527 -0800
Designing Tomorrow's Infrastructure & Communities
McAdamsCo.com
a
LAY 14 2015
RCE S
DENR - W4i E' R%SUiJ
401 & 8UFFFR PERMIT+_MG

The John R McAdams
Company, Inc
Raleigh / Durham, NC
2905 Meridian Parkway
Durham North Carolina 27713
(919) 361 -5000
Charlotte, NC
11301 Carmel Commons Blvd
Suite 111
Charlotte North Carolina 28226
(704) 527 -0800
'=" 1 y C 7 D A M " S­�,
May 11, 2015
Karen Higgins
c/o Chem Smith
NCDWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Re: Amendment to Original GC 3890/NWP 39 Application
Corbinton Commons
Hillsborough, North Carolina
EYC -14010
Dear Ms. Smith:
Per previous email correspondence and our on -site meeting on April 14, 2015,
with Ms Chem Smith, NC Division of Water Resources (DWR), Mr. Craig
Brown US Army Corps of Engineers (USACE), and myself, enclosed is a
request to amend the original GC 3890 and NWP 39 application dated March
17, 2015, for proposed impacts to jurisdictional waters associated with the
remainder of the project known as Corbinton Commons (SAW 2008 - 02360).
The 401 -acre subject property is located within the Neuse River basin
approximately 75 -feet south of the intersection of US Highway 70 and Gwen
Road in Hillsborough, Orange County, North Carolina. The following
attachments are included as part of this permit application:
• Signed Agent Authorization
• Fig. 4 — Revised Overall Impact Exhibits
0 Inset 2 (original) / Inset 2 (revised)
• New Culvert Cross - Section
• Revised Pre - Construction Notification
• Mitigation Reservation Letters (RES and RS)
REVISED ROADWAY IMPACTSIRESULTS OF ON -SITE MEETING:
Per our onsite meeting April 14, 2015, with Ms. Chem Smith ( NCDWR), Mr.
Craig Brown (USACE), and myself, we all agreed that the Notice of Violation
(NOV) issues from 2009 related to unauthorized fill within jurisdictional waters
and Neuse Buffer impacts had been resolved, and there are no outstanding items
to prohibit the application review process moving forward. It was noted by Ms.
Cherri Smith that Hillsborough and Orange County are now designated
authorities for review and approval of Neuse River Riparian Buffer Impacts.
MCAdamSCocom Designing Tomorrow's Infrastructure & Communities

Ms. Cherri Smith
Corbinton Commons
May 11, 2015
Page 2of7
Our application package has been sent to Terry Hackett, with the Town of
Hillsborough for review of the proposed buffer impacts.
Per our meeting on April 14, 2015, we reviewed the proposed road crossing
located in the central portion of the project as originally proposed (Inset 2). In
order to provide internal vehicular access within the site the one road crossing
is proposed, and the original design and construction drawings called for two
bottomless arch culverts to span the stream sections, in addition to 0.08 -acre of
jurisdictional riparian wetland fill in order to construct this road crossing. There
are also proposed Neuse Buffer impacts of 2,949 square feet to Zone 1 and
2,289 square feet to Zone 2 associated with this proposed road crossing.
It was noted during our on -site meeting that a beaver dam was recently
constructed just downstream of the western section of the proposed road
crossing and the small perennial stream section on the western portion of the
road crossing no longer existed and due to inundation and habitat alteration this
would now be considered a riparian wetland. The main channel on the eastern
portion of the proposed road crossing does still exist and is functioning as such.
After assessing the current conditions and pending mitigation requirements
associated with the bottomless arch culverts it was decided to utilize a
traditional culvert system in combination with some "floodplain" type culverts,
along with wetland fill in order to facilitate construction of this road crossing.
The new design will impact 0.14 -acre of riparian wetlands associated with road
fill, will impact 52 linear feet of perennial stream with the traditional culverts,
and 45 linear feet of perennial stream, with the associated dissipater design. The
(3) 84" culverts will be buried at least 1 -foot below the stream bed to allow for
aquatic life passage. The rip -rap dissipater is to be buried at the existing grade
for the stream to allow for aquatic life passage and not impede the hydrologic
regime. However, given the current hydrologic regime, this will be a better
EYC -14000

Ms. Cherri Smith
Corbinton Commons
May 11, 2015
Page 3 of 7
overall design for aquatic life passage and will help maintain the integrity of
the downstream system.
Table 1: PREVIOUSLY IMPACTED Stream/Wetland Areas:
Impact Location
Resource
Type
I
Impact Type
Impacts Amount
(acreage/ linear feet)
Inset 1
Perennial
Road Widening
86 If
(perm)
Stream
(culvert/dissipater)
2,113
Inset 2
Riparian
Fill for Pump Station
0.02 ac.
(perm)
Wetland
Insets 3
Neuse
Inset 3
Isolated
Stormwater BMP
0.0008 ac.
(perm)
Wetland
Inset 3
Isolated
Greenway Trail
0.001 ac.
(perm)
Wetland
Tahlp 7- PRF.V1n[I.VLY IMPACTED Rinarian Buffer Areas:
Impact Location
Resource
Type
Impact Type
Impacts (square feet)
I / Zone 2
Zone
Inset 1
Neuse
Road Widening
2,113
5,416
(perm)
Buffer
(fill)
Insets 3
Neuse
Greenway
682
503
(perm)
Buffer
Bndge/Trail
Total Zone 1 Impacts: 2,795 sf
TOTALS
Total Zone 2 Impacts: 5,919 sf
EYC -14000

Ms. Cherri Smith
Corbmton Commons
May 11, 2015
Page 4 of 7
Table 3: CURRENTLY PROPOSED Stream/Wetland Impacts:
Impact
Resource
Impacts Amount
Location
Type
Impact Type
lanear f eet
(acreage/ )
Inset 2
Perennial
Culvert (52 If)
97 If
(perm)
Stream
Dissipater Pad (451f)
(fill)
Inset 2
Riparian
Road Crossing
0.14 ac.
(perm)
Wetland'
(Fill)
(perm)
Buffer
Corridor
Removed Bottomless
Total Zone 1 Impacts: 4,154 sf
Arch Culverts
Inset 2
Riparian
Sewer Maintenance
0.05 ac.
(perm)
Wetland
Corridor
1 PSSI - Palustrine Shrub /Scrub
Table 4: CURRENTLY PROPOSED Riparian Buffer Impacts':
I Riparian Buffer Impacts to be Reviewed and Approved by Town of Hillsborough
EYC -14000
Resource
Impacts (square feet)
Impact Location
Type
Impact Type
Zone I / Zone 2
Inset 1
Neuse'
Road Crossing
2,949
2,289
(perm)
Buffer
(fill)
Insets 3
Neuse'
Sewer Maintenance
1,205
804
(perm)
Buffer
Corridor
Total Zone 1 Impacts: 4,154 sf
TOTALS
Total Zone 2 Im acts: 3,093 sf
I Riparian Buffer Impacts to be Reviewed and Approved by Town of Hillsborough
EYC -14000

Ms. Cherri Smith
Corbinton Commons
May 11, 2015
Page 5 of 7
AVOIDANCE MINIMIZATION
Impacts to jurisdictional streams, wetlands, and stream buffers have been
avoided and minimized to the maximum extent practicable, however due to
required infrastructure improvements there are proposed impacts. The proposed
road crossing (Inset 2) which has been re- designed to cross the stream and
wetland features at a near perpendicular angle. In addition, retaining walls will
be utilized on both the north and south side of the proposed road crossing in
efforts to minimize the footprint and impacts to aquatic resources in this area.
The rip -rap dissipater is to be buried at the existing grade for the stream to allow
for aquatic life passage and not impede the hydrologic regime. The sewer
forcemain has also been aligned directly adjacent to the road crossing in order
to consolidate impacts to aquatic resources and will be directional drilled below
the stream and wetland features to avoid impacts. The sewer forcemain
easement will be maintained however, the use of directional drilling will avoid
temporary impacts to the streams, stream buffer and wetland in this area.
MITIGATION
There are currently 0.14 -acre of permanent wetland impacts and 52 linear feet
of perennial stream proposed associated with the roadway crossing, and a
partial conversion of 0.05 -acre of riparian wetlands to shrub /scrub associated
with a permanent sewer easement corridor. We are proposing to purchase
riparian wetland credits and stream credits from two different mitigation
bankers in order to offset these proposed impacts.
We are proposing compensatory mitigation for cumulative perennial stream
impacts at a 2:1 ratio, associated with previously authorized impacts of 86 linear
feet and the currently proposed perennial stream impacts of 52 linear feet for a
total of 276 Stream Mitigation Units (SMUs) to be purchased from the
EYC -14000

Ms. Cherri Smith
Corbinton Commons
May 11, 2015
Page 6 of 7
mitigation banker, RES. See reservation letter enclosed. The rip -rap dissipater
is to be buried at the existing grade for the stream to allow for aquatic life
passage and not impede the hydrologic regime, and therefore stream mitigation
is not proposed for impacts associated with the rip -rap dissipater.
We are proposing compensatory mitigation for current permanent wetland
impacts of 0.14 -acre at a 2:1 ratio for a total of 0.28 -acre of Wetland Mitigation
Credits (WMCs) from the mitigation banker, Restoration Systems. See
reservation letter enclosed.
STORMWATER MANAGEMENT / RIPARIARN BUFFER IMPACTS
DIFFUSE FLOW
The Town of Hillsborough and Orange County are now designated authorities
for review and approval of Neuse River Riparian Buffer Impacts and the
Stormwater Management design review and approval. Our application package
has been sent to Terry Hackett, with the Town of Hillsborough for review of
the proposed buffer impacts and stormwater management plan. A copy of the
final stormwater management plan, Stormwater Management Plan approval,
and Riparian Buffer approval letter from the Town of Hillsborough will be
provided to NCDWR upon approval.
SUMMARY
Consideration and review of this project is greatly appreciated. If you have any
questions or require additional information, please do not hesitate to contact me
at (919) 361 -5000.
EYC -14000

Ms. Chem Smith
Corbinton Commons
May 11, 2015
Page 7of7
Sincerely,
McAdams Company
Kevin Yates
Senior Environmental Consultant
Project Manager
Enclosures
EYC -14000

C. Proposed Impacts Inventory
1. Impacts Summary
1a Which sections were completed below for your project (check all that apply)
X Wetlands ❑ Streams - tributaries X Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
Inset 2
Road Crossing
Palustrine/
Beaver
X Corps
014
Permanent
Shrub /scrub
Swamp
X DWQ
Inset 2
Sewer
Maintenance
Palustnne/
Partial
X Corps
005
Permanent
Corridor
Shrub /scrub
X DWQ
2g. Total wetland impacts
0 19 ac
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Inset 2
Culvert!
Road Crossing
Stream A
Stream
PER
Corps
X DWQ
12
52
Inset 2
Culvert/
Stream A
PER
X Corps
3
45
Road Crossing
X DWQ
3h Total stream and tributary impacts
97 If
31 Comments
4 Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indiv ually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
4f. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
Page 7 of 16
PCN Form — Version 1 3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Impacts to jurisdictional streams, wetlands, and stream buffers have been avoided and minimized to the
maximum extent practicable, however due to required infrastructure improvements there are proposed
impacts. The proposed road crossing (Inset 2) which has been re- designed to cross the stream and wetland
features at a near perpendicular angle. In addition, retaining walls will be utilized on both the north and south
side of the proposed road crossing in efforts to minimize the footprint and impacts to aquatic resources in this
area. The rip -rap dissipater is to be buried at the existing grade for the stream to allow for aquatic life passage
and not impede the hydrologic regime. The sewer forcemain has also been aligned directly adjacent to the
road crossing in order to consolidate impacts to aquatic resources and will be directional drilled below the
stream and wetland features to avoid impacts. The sewer forcemam easement will be maintained however, the
use of directional drilling will avoid temporary impacts to the streams, stream buffer and wetland in this area.
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation
as described in the Erosion Control Plan sheet reviewed and approved by the Orange County Erosion Control All
work will take place during dry conditions and can be facilitated from high, non - jurisdictional, stable ground adjacent
to the Neuse Buffer The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, tree
protection, clearing only as necessary to install these devices All erosion and sediment control measures will be
checked for stability and operation following every runoff producing rainfall, but in no case less than once every
week Any needed repairs will be made immediately to maintain all measures designed An erosion control
inspections report is required and will be kept by the owner's representative
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
X Yes No
impacts to Waters of the U S or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
❑ DWQ X Corps
X Mitigation bank
2c If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank. 1) Neu -Con Wetland & Stream Umbrella Mitigation Bank (RES (EBX)) - 276 SMUs
2) Pancho Stream & Wetland Mitigation Bank (RS) — 0.28 WMUs
3b Credits Purchased (attach receipt and letter)
Type
Quantity
Page 9 of 16
PCN Form — Version 1 3 December 10, 2008 Version

Statement of Mitigation Credit Availability
Pancho Stream & Wetland Mitigation Bank
May 5, 2015
U S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
Re: Availability of Compensatory Wetland Mitigation Credits
Project: Corbinton Commons
We are providing this letter in accordance with 33 CFR §332.8(r), to confine that 28 Wetland
Mitigation Credits (Credits) from the Pancho Stream & Wetland Mitigation Bank (Bank) are currently
available and may be used, once transferred, for compensatory mitigation relative to Corbinton
Commons, and as proposed by Mr. Craig Fern, EYC Investments, LLC (Applicant).
The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance.
Should the Applicant purchase the Credits at that time, we will complete and execute the
Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of
receipt of the full purchase price.
We will additionally provide copies of the completed and executed Transfer Form to the Applicant,
the Bank's US Army Corps (USAGE) Project Manager and, if needed, other regulatory agencies. In
addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the
transaction. Transaction information in the updated Bank Ledger will include relevant Permit and
Applicant information as well as the number and resource type of the debited Credits.
Should your office have any questions, please contact me at 919 334 9123
Sincerely,
Tiffani Bylow
Restoration Systems, LLC

EBX Stream and Wetland Banks
Statement of Availability May 5, 2015
NC Division of Water Resources
Ms Katie Merritt & Ms Chem Smith
512 N Salisbury St
9th floor
Raleigh, NC 27604, Archdale Building
ldr k'
U.S. Army Corps of Engineers
Mr Craig Brown
Raleigh Regulatory Field Office
3331 Hentage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Corbinton Commons, USACE ID #SAW -2008 -02360
This document confirms that EYC Investments, LLC (Applicant) for the Corbinton Commons
(Project) has expressed an interest to utilize 368 Stream Mitigation Credits from one of the EBX
sponsored Banks- EBX -Neese sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or
EBX -EM sponsored Forrest Creek Mitigation Bank, both in the Neese HUC 03020201 As the official
Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in fiill is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the creditsiunits
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation
If any questions need to be answered, please contact me at 919 -829 -9909 x 21 or 843 -446 -2312
Best Regards,
Cara S Conder
Resource Environmental Solutions. LLC
909 Capability Drive Suite 3100
Raleigh, NC 27606

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S ff E DA- TA:
1. OWNER. KEPSC HILLSBOROUGH, LLC
2. PROPERTY. 40.1 ACRES
TRACT I PIN: 9874-49-0155
TRACT 2 PIN: 9874-38-1861
3. JURISDICTIONAL STREAMS AND WETLANDS PREVIOUSLY VERIFIED BY MR. ANDY WILLIAMS
ON 02-27-2007
4. STREAM FEATURE BISECTING PROPERTY IS PRESENT AND SUBJECT TO NEUSE RIVER
RIPARIAN BUFFER RULES.
5. EXPIRED NWP 39 (AID# SAW-2008-02360) AND PREVIOUS USACE/DWR VIOLATION
ASSOCIATED WITH SUBJECT PROPERTY.
6. MMMS ANQ WOM05 WON PROPERTY:
JURISDICTIONAL WETLAND AREA: 1.59 ACRES OF RIPARIAN
ISOLATED WETLAND AREA: 0.03 ACRE
JURISDICTIONAL STREAM CHANNEL: 2,321 LF OF PERENNIAL STREAM
EIREVIOLI= EERMOM AND/011 IMP-ACTED AREAS:
JURISDICTIONAL STREAM: 86 LF OF PERENNIAL STREAM
JURISDICTIONAL WETLAND: 0.02 ACRE
ISOLATED WETLAND: 0.002 ACRE
NEUSE BUFFER: ZONE 1: 2,795 SF
ZONE 2: 5.919 SF
PROPOSED WETLAND. STREAM AND 13UFFER IMPACTS
JURISDICTIONAL STREAM: 97 LF OF PERENNIAL, STREAM IMPACT
JURISDICTIONAL WETLAND: PERMANENT' 0.14 ACRE
TEMPORARY: 0.05 ACRE
NEUSE BUFFER: ZONE 1: 4,154 SF
ZONE 2: 3,093 SF
ll
LEGEND
• WETLANDS
0
r
0
NEUSE RIVER BASIN BUFFER IMPACTS
HAROLD L )R
rn
0
0
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Dilm. 03-02-15
No. Fig. 4
El" MCADAMS