20071806 Ver 1_401 Application_20071007

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919-41 S-S O I L S%6as~
P.0. Box 27052
Raleigh, NC 27611-7052
www.Maycocl<Environmental.com
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Mr. Thomas Brown
Regulatory Field Officer
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite
Raleigh, NC 27615
October 22, 2007
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Subject: Preconstruction notification application Nationwide Permit Number 29, Residential
Development, and Water Quality Certification No. 3631, for East Village of
Clayton, a proposed 112.24-acre residential subdivision located in eas# Clayton,
on US 70 in Johnston County. Property Ident~cation Numbers: 166849-49-4104,
166807-59-6270, and 166806-39-4560. DWQ Project No. 04-917 and NBRRO
#04-0300.
Dear Mr. Brown:
Enclosed are two copies of a completed preconstruction notification (PCN) application package
for Nationwide Pemlit No. 29, Residential Development, for the proposed development of the
subject property as a residential subdivision, located in east Glayton, in Johnston County. By
copy of this letter, we also submit seven copies of this PCN to the North Carolina Department of
Natural Resources (NCDENR) Division of Water Quality (DWQ) for review and written
concurrence under Water Quality Certification No. 3631.
On December 6, 2004, Mike Horan of -DWQ documented a wetland, stream and buffer
determination on the subject property. The DWQ response letter and maps are enclosed for
NBRRO #04-0300 and DWQ Project No. 04-917. The wetland delineation was done by S&ME,
but while DWQ concurred on the wetland boundaries, no wetland data forms or documentation
has been found. tf necessary, field review of the wetland delineation and further documentation
can be provided at your convenience. A USACE jurisdictional determination form has been
completed for the proposed impacts and is included with this application package.
Project Description:
The proposed subdivision, Eas# Village of Clayton, is located in Johnston County, east of
Clayton, immediately west of the junction ofi eastbound NC 42 with US 70. The proposed

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P.O. Box 27052
Ra{eigh, NC 27611-7052
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subdivision drains to an unnamed tributary to the Neuse River. The subject site is currently
mostly wooded with existing unpaved access roads and some disturbed areas. The propased
project construction will include 282 residential lots, three stormwater basins, and approximately
20,433 linear feet of paved roads. Mechanical clearing, grading and cut and fill will be used to
construct the roads, stormwater management basins, sewer lines and buildings.
The subject project area consists of 112.24 acres of wooded and partially cleared, undeveloped
land, and is located on the northwest quadrant of the intersection NC 42 east with US 70. The
general project vicinity map is shown on Figure 2. The subject property is shown on the USGS
Topographic Quadrangle map, Clayton, N.C. on Figure 1, and on an excerpt from the USDA
MRCS Johnston County Soil Survey map (Sheet 1), on Figure 3. An aerial photograph also
shows the site on Figure 4. Figures 5, 6 and 6A show the proposed road crossings and existing
wetlands. The reference reach for the proposed project is shown on Figure 7. The proposed
site plan is enclosed on paper and on compact disk, which shows the locations of the proposed
roads with culvert locations, stormwater detention basins, wetland and stream- impacts and the
proposed subdivision lot layout. The Natural Heritage Program (NHP) database maps and
documentation for the subject site are also enclosed.
Proposed Project Environmental Impacts:
The subject property consists of three tracts of land, totaling approximately 112.24 acres. There
are approximately 25 acres of wetlands on the subject property, and approximately 4000 linear
feet of jurisdictional stream channels. Only 0.1227 acres of wetlands will be impacted for road
construction, and 801inear feet of jurisdictional stream will be impacted #or a road crossing. No
riparian buffer impacts are proposed. Figure 5 shows a proposed road crossing with an 80-foot
long 60 inch diameter reinforced concrete pipe (RCP) in a non jurisdictional channel which
drains the proposed stormwater basins. in Figure 6, 0.101 acre of wetland impacts are shown
due to unavoidable impacts from the proposed main access road, along with 0.0217 acre of
linear wetland impacts due to the same road, where a 156 foot long 1$ inch diameter RCP will
be installed to maintain effective drainage.
No federal or state listed species will be adversely impacted by the development of the subject
property. A search of the Natural Heritage- Program (NHP) database was performed on August
10, 2007 and only one countywide element occurrence for the loggerhead shrike was found for
the subject site. The NHP database did not show any observations of federally or state listed
plant or animal species or their critical habitats within 1 mi{e of the subject property.
impact Just cation:
Wetland, stream and stream buffer impacts have been avoided and minimized to the maximum
extent practicable by the proposed subdivision road and lot layout. The main entrance road was
shifted to minimize buffer, stream and wetland impacts to the greatest extent practicable. In
order to avoid Neuse River Basin riparian buffer impacts and to avoid work in the 100 foot
riparian buffer required by the Clayton Watershed Protection Overlay District, the minor impacts

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J P.O. Box 27052
Raleigh, NC 27611-7052
~~ ~ ~"~ www.MaycockEnvironmental.com
to the wetland areas considered unavoidable. The wetlands on the northeast part of the
property as shown on Figure 6A were avoided completely. The existing wetlands are disturbed
wet flats and marginally meet the parameters set in the 1987 USACE Wetland Delineation
Manual. The streams on the property are mostly relatively permanent waters with ordinary high
water marks, but currently have no water flowing due to the drought. A sign cant nexus is
assumed, due to the proposed stormwater basins and proposed impervious surface in the
development.
Please do not hesitate to contact Ms. Robin Maycock at [phone] if any additional
information is needed on this application. Any efforts to expedite the review of this application
will be greatly appreciated.
S' rCely~
~~l
Robin L.. Maycoc
CC: Mr. Ian MacMillan, DWQ 401 Certification and Wetlands Unit
Mr. T. Patrick ShiUington, PE, Engineering and Environmental Sciences (E2S)
Mr. James E. Thiem, III, ASIA, Hager-Smith Design
Mr. Shane Hensley, UHF Development

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 0 7 ~ ~ 8 ~ 6
(lf any particular item is not applicable to tms pro~ecc, please enter -r~o~ r~ppi,ciw,c yr i~rr+ .~
I. Processing ~ P A I D
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section l0 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 29/39, WQC
#3631 /3705
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information 0 ~ ~ ~ ~~ ~ D
1. Owner/Applicant Information ~~T 2 4 2007
Name: East Village CTJ, LLC
c/o Mr. R. Edwin Coleman, Jr., CCIM oE~R . WATER auAt.in'
Mailing Address: UHF Development Group yy~,q~p3 AND sTf~(tt~ANATER Bw~n
304 Glenwood Avenue
Raleigh, NC 27603
Telephone Number: (919, 828-4808 Fax Number: [phone]
E-mail Address: edcolemanna,aol.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Robin Ma~cock
Company Affiliation: Maycock Environmental
Mailing Address: PO Box 27052
Raleigh. NC 27611-7052
Telephone Number:~919Z418-7645 Fax Number: (919), 761-1789
Page 5 of 12

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E-mail Address: robin mayeock~a mail coin
III. Project Information
Attach a vicinity map cleazly showing the location of the property with respect to local
landmazks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundazies and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the properly
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans aze
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: East Village of Clayton
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 70 85 ac tract: 166849-49-4104, 24.39 ac. tract-
166807-59-6270 17 ac. tract: 166806-39-4560
4. Location
County: Johnston Nearest Town: Clayton
Subdivision name (include phase/lot number): East Village of Clayton
Directions to site (include road numbers, landmarks, etc.): US 70 East from Ralei to
Clayton access properly from East Front Street Extension or from NC 42.
5. Site coordinates, if available (LJTM or Lat/Long): UTM 17 731096E, 3947279N
Lat/long,: 35.6442 N, 78.4810 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 112.24 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Neuse River
8. River Basin: Neuse River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~/,`li?o.enr.state.nc.us/admin/may~s%.)
Page 6 of 12

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Wooded/disturbed/cleazed with sewer lines and access
roads.
10. Describe the overall project in detail, including the type of equipment to be used:
Residential development consisting of 282 lots, 20 433 lineaz feet of paved roads, on 112.24
acres Mechanical clearing grading and cut and fill will be used to construct roads.
stormwater management facilities sewer lines and buildings ___
11. Explain the purpose of the proposed work: Provide commercial and residential
devel~ment with single family dwellings traditional and gazden town homes with three
stormwater facilities and two open space areas
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NBRRO #04-0300 -Buffer determination conducted by Mike Horan of DWQ on 12/6/04.
DWQ Pro~,ect # 04-917 - DWO field review on stream and wetlands by Mike Horan on 12/06/04
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be cleazly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 7 of 12

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a sepazate sheet.
1. Provide a written description of the proposed impacts: Excavation and fill for
installation of culvert for road crossing over stream A and wetland areas 1 and 2.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of lmpact* Area of
Impact
acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***
Mechanized
1 cleazing, 0.101 no 175 ft Wet flat
grading, fill,
drainage
Mechanized
clearing,
2 grading, fill, 0.0217 no 175 ft Wetland/ditch
drainage, install
culvert
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httgai~~w~~~.fcma.~ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 15 acres
Total area of wetland impact proposed: 0.1227 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Im t Perennial or
Intermittent?
leases eci
A Culvert, rip rap 80 UT to Neuse River 3 ft intermittent

k List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include lineaz feet before and after, and net losslgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
;• Stream names can be found on USGS topographic maps. If a stream has no name; list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616, or online at
;~~,ti~ti u~gs.«_~~~. Several Internet sites also allow direct download and printing of USGS maps (e.g., ~;~~~~.~}j~~~r~}n~_c„m,
;;.:; ~t _ii;3f~~z~t.cu_n7, etc.).
Page 8 of 12

Cumulative impacts (lineaz distance in feet) to all streams on site: 801ineaz feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number
(indicate on ma)

Type of Impact* Area of

Impact
(acres
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but aze not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Subdivision layout and road crossing locations were designed to minimize and avoid
wetland, stream and riparian buffer zones to the greatest extent practicable. Location of wetland
areas allowed almost total avoidance except for main road into subdivision.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment aze minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or .preserving similaz
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Cazolina, available at
http:i/h2o.enr.state.nc. us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/lineaz feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
In-lieu fee to NCEEP.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http:/;'h2o.enr.state.nc.us!~~r .'index.l~itm_. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0.0227 acres
Page 10 of 12

Amount of Coastal wetland mitigation requested (acres): 0
I.X. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 900 3 0
2 3020 1.5 0
Total 3920 0
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
Page 1 l of 12

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. ,
See attached stormwaterpermit application Ex. s+'i ~ t-tit~C.'r~ ~ ous a ~G~ < 5 ~o,~ ~~°S~
_ _ b -.- ..__ --., "~ ...,~,~ ,.,..~ .~t ~ i~.u acrc -InFa l- Six Atrw~~KH~t"
5}-~w~w? tt-r b s In 5 drrS~9 nod on i vo y~ s#n~^-H. Svc--tit- ~q~oos~( pEr S+ tC. p) a n .
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Public sewer available.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (ISA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
'threatened Species, accessibility problems, or other issues outside of the applicant's control).
~ ~ ..~~

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ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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DWQ DOCUMENTATION

~ ~ v~~~iC
~ ~Q William G. Ross Jr., Secretary
. ~OC~~^'`~~`'~`QG North Carolina Department of Environment and Natural Resources
~ i I~ ~1 ~. Alan W. Klimek, P.E. Director
.> ~t.r~~ii .~ Colleen H. Sullins. Deputy Director
G ? -~ Division of Water Quality
December 6, 2004
VBRRO#U4-(13UU
County: John:St~on
Lager-Smith Design
C/o James E. Thiem III, ASLA
30U S. Dawson sT.
PO Box 1308
Raleigh, NC 27602
Oy- 9i~
Attn: ~Ir. Tluem III
7 ~ ~ ~ Q ~
BASIN:
Neese River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: East Village of Clayton
Location/Directions: Near the intersection of Hwy 70 & 42 in Johnston CountX
Subject Stream: UT to Neese River
Date of Determination: 6/2104
' Feature Start Buffer
GPS Points (if
rovided) End Buffer Stream
Form Appeal
Call ~ Located
~ on Soil
Serve ~ Located on
CISGS ~
To o rra hic
A Sub'ect X X
B Sub'ect ~ X
i

f I
i

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
¢~f: t~E~;~t
phone [phone] Custaner Service
facsimile [phone] t-877.623-6748

,.,.~~.. ... .. ....f .....
12/6/2004
Page 2 of 2
Tltis o-t-sltc> determination shall expire five (5) years fru-n the date of thfs letter. 1.1t11dOW-lel'S (/r a~,JL'L'1L'd!)a!'lies
that dispute a determination made by the DWQ ur Dele>gated Local Authority that rt surface water gists arul shat Q
it is subject to flee buffer role Wray request a determination by the Director. A request for a determi.natiort b1' the ,`\l/\
Director shall be referred to the Director in writing c% Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree ~ /
Blvd, Raleikl:, NC 27004- 2260. Individuals that disFute a determination by the DWQ or Delc>gtrted Load
,authority that "c~empts" u sttrfaee water.frurn the buffer role may ash for an ad judicatory hearing. You nrnst
act within GO days of tl:e date that you receive this letter. Applicants are hcrehy notified that the GO-day statutory
appeal time dues not start until the Affected party {including dnwn.stream and urtjacent landnwnerc) i.s notified of
this decision. DWQ recommends t/:at the applicant conduct this notification in nrr/er to be certain th«t thirds
party uppettls are made in a timely manner. Tu ask for u hearing, send u written petition, which conforms to
Clutpter 1508 of the North Carolina Genera! Statutes to the Offtce of Administrative Hearings, G714 Muil
Service Center, Raleigh, N. C. 27699-6714. This determinations is final and bir:din,g artless you a.ck.fnr a hearing
within GO days.
The (owner/future owners) should notify the Division of t-Muter Quality (includirtl; ar{y other Local. Stu1e, urr~l
Federal Agencies) of this decision concerning any future correspondences regarriing the subject property (stated
above). Tl:is project may require n Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Err;;inecrc
(Raleigh Regulatory Field Office) at (919)-87G-8441.
MMResp~~ec~~t~fuQQlly,
C`ll Cr~CI~~`"
Michael Horan
Environmental Spec. I
CC: Steven O `Brien, S & ME, 3118 Spring Forest Road, Raleigh, NC 27616
Town of Clayton
File Copy
Central Files
4O1 Wetlands i Stormwatez Office
Johnston County
~. ':';

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JURISDICTIONAL DETERMINATION FORM

07°1806
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/bomugh: Johnston City: Clayton
Center coordinates of site (lat/long in degree decimal format): Lat. 35 38.65° N, Long. 7828.86° W.
Universal Transverse Mercator: 17 731096E, 39 47279N
Name of nearest waterbody: UT to Neuse River
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03020201 101
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
^ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) aze associated with this action and aze recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 9/04/07
® Field Determination. Date(s): 2/22/07
SECTION II: SUMMARY OF FIlVDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S" within Rivers and Hazbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review azea. [Required)
^ Waters subject to the ebb and flow of the tide.
^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required)
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): ~
^ TNWs, including territorial seas
^ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
^ Impoundments of jurisdictional waters
^ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 4000 linear feet: 2 - 3 width (ft) and/or 0.275 acres.
Wetlands: 2 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
~ Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an 1tPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.e.. tvpically 3 monthsl.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below,
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters^ (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. [f the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant oe:us evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. It the JD covers a tributary with adjacent wetlands, complete Section III.B.I for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 367aeres
Drainage azea: 367 aerq
Average annual rainfall: 52 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
®Tributary flows through 2 tributaries before entering TNW.
Project waters are 1-2 river miles from TNW.
Project waters aze 1 (or less) river miles from RPW.
Project waters are 1-2 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWg: North.
Tributary stream order, if known: 1st.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributar~Characteristics Lheck all that aonlv):
Tributary is: ®Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 3 feet
Average side slopes: 2
Primary tributary substrate composition (check all that apply):
® Silts ®Sands ^ Concrete
^ Cobbles ®Gravel ^ Muck
^ Bedrock ®Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: highly eroding.
Presence of run/riftle/pool complexes. Explain:
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 6
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review azea/yeaz: 11-20
Describe flow regime: relatively permanent .
Other information on duration and volume:
Surface flow is: Discrete aqd eonflged. Characteristics:
Subsurface flow: Ho. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed,on the bank
^ changes in the character of soil ^
® shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
^ High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical mazkings/chazacteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is cleaz, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: clear to turbid with sediment..
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert}, the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlifediv~rsity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Intermittent flow. Explain:
Surface flow is: Discrete and confined
Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-T'NW:
® Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated by berm barrier. Explain:
(d) Proximiri (Relationship) to TNW
Project wetlands are 1-2 river miles from TNW.
Project waters are 1 2 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 5110-year or greater floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn azeas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately (0.099) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (YMl Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biologieal integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplsin is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLI~:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
^ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 4000 linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
^ Wetlands directly abutting an RPW where tributaries typically flow yeaz-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an ItPW:
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an 1tPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
^ Wetlands that do not directly abut an 12PW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review azea: acres.
7. Impoundments of jurisdictional waters 9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
^ Demonstrate that impoundment was created from "waters of the U.S.," or
^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
^ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
^ which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ which are or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
°See Footnote # 3.
° To complete the analysis refer to the key in Section Q1.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding t'.'WA AdlurisdicYion Followi~ Rapamo~.

Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
^ If potential wetlands were assessed within the review azea, these azeas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
^ Review azea included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
^ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review azea that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): lineaz feet, width (ft).
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicantlconsultant:
Data sheets prepazed/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheets/delineation report.
^ Data sheets prepazed by the Corps:
^ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
^ USGS NHD data
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:
® USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland inventory map(s):
^

FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ®Aerial (Name & Date):
or ®Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NATURAL HERITAGE PROGRAM
EXCERPTS FROM DATABASE
8110107

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Lanius ludovicianus 13
Element Occurrence Inf®rmatlon
Element Occurrence ID 19766
Scientific Name Lanius ludovicianus
Element Occurrence Number 13
Common Name Loggerhead Shrike
Most Recent Survey Date
Date First Observed
Date Last Observed
Element Occurrence Rank
Directions
Element Occurrence Data
Habitat Description
Owner Name and Comments
Protection Comments
Management Comments
Additional Comments
30HNSTON COUNTY
http://nhpweb.enr. state.nc.us/nhis/partner/forms/eo/eo~y_eo_info.phtml?gid=234300&cmd=U...
SPECIES HAS BEEN OBSERVED IN THIS COUNTY DURING THE NESTING SEASON, 1980-1990 (IRVIN 1990).
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