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HomeMy WebLinkAbout20211671 Ver 2_Marin Woods ATF Supplemental Docs_20240220SAGE %W-1 ECOLOGICAL SERVICES E S T. 2016 February 20, 2024 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Mr. Matt Martin Attn: Mr. Zachary Thomas 3331 Heritage Trade Dr., Ste. 105 512 N. Salisbury St., Archdale Bldg. 9t" Flr Wake Forest, NC 27587 Raleigh, NC 27604 Re: Marin Woods Subdivision SAW-2021-01899 "After the Fact" Request for NWP 29, NWP 18, GC 4256, GC 4249 & Neuse River Riparian Buffer Authorization Sage Project #2020.102 On behalf of Marin Woods, LLC (owner and applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Marin Woods Subdivision (Project) may be authorized under an "After the Fact' Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). Impacts associated with construction of Stormwater Control Measures (SCM) are proposed under NWP 18 and GC 4249. A Neuse River Riparian Buffer Authorization is also being requested. Protect Purpose and Location The Project includes the construction of a residential subdivision to meet the demand for housing in this area. The +/- 57.84-acre tract is located on the north side of NC 210, just west of the Glen Lake Apartments in Smithfield, Johnston County, NC. The coordinates of 35.5214°N, 78.3696°W generally correspond to the center of the Site. Project Detail The proposed project includes the construction of a residential subdivision with associated roads, utilities, and associated attendant features. Access to the site will be provided by NC 210 along the southern boundary. The Project will tie into existing water and wastewater infrastructure adjacent to the Site. Heavy equipment typically used for utility installation projects (e.g., backhoes, bulldozers, etc.) will be utilized. The USACE issued the 404 (SAW-2021-01899) on 12/22/2021-1 DWR issued the 401 (DWR# 20211671) on 3/10/22. The project originally requested and was approved for permanent impacts to 0.21 acre of wetlands which required compensatory mitigation (up to 0.43 acre of wetland) and was provided by Neu -Con Wetland & Stream Umbrella Mitigation Bank from the Meadow Spring Site. The Site has been cleared, temporary sediment basins installed, utilities installed, and internal road networks constructed. No federally threatened or endangered species are listed to occur on the Site according to the NC Natural Heritage Program (NCNHP) Database The Site is not listed as a historic property or within a historic district. One historic property is listed within 1.0 mile of the Site based on a query of the GIS files from NCSHPO. Marin Woods Subdivision Page 1 of 3 Protect History The 57.84-acre Site was undeveloped and contained a large agricultural field in the southern portion adjacent to NC Highway 210. The remainder of the Site was forested and undeveloped. A large impoundment is still present in the western half of the Site, with water visible on aerial imagery. The majority of the canopy consisted of hardwood trees in the drainages and the impounded area. A small area of planted pines was present along the northeastern corner of the Site. Surrounding areas are mostly wooded, with some agricultural land, residential and commercial development. The USACE issued the 404 (SAW-2021-01899) on 12/22/2021-1 DWR issued the 401 (DWR# 20211671) on 3/10/22. The project originally requested and was approved for permanent impacts to 0.21 acre of wetlands which required compensatory mitigation (up to 0.43 acre of wetland) and was provided by Neu -Con Wetland & Stream Umbrella Mitigation Bank from the Meadow Spring Site. The Site has been cleared, temporary sediment basins installed, utilities installed, and internal road networks constructed. In January of 2023, it was discovered that the contractor had installed a sanitary sewer line, connecting to existing lines off the subject property, which resulted in additional temporary wetland, stream and riparian buffer impacts not previously requested or authorized. Further design changes (as the result of comments/requirements by Johnston County related to stormwater) have necessitated additional changes to the project, which have (or will) require additional wetland and buffer impacts. This "after the fact" permit request is intended to bring the project back into compliance with local, state, and federal regulations. Avoidance and Minimization A wetland, stream, and riparian buffer delineation was performed to identify sensitive areas prior to site design. Proposed road crossings are aligned to cross the channel as perpendicularly as possible and to minimize impacts to wetlands, streams, and riparian buffers. Streams are not crossed multiple times by roads. Lots were positioned to minimize fill in wetlands, streams and buffers. Stormwater outfalls were designed to minimize impacts to streams and riparian areas where practicable. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. Project Impacts Previously, 0.21 acre of permanent wetland impact was authorized which required compensatory mitigation (up to 0.43 acre of wetland) and was provided by Neu -Con Wetland & Stream Umbrella Mitigation Bank from the Meadow Spring Site. The additional requested impacts include 0.241 acre of temporary impacts of which, 0.2336 acre are associated with the sewer line installation and the future, proposed greenway boardwalk. The remaining 0.074 acre of temporary wetland impact are proposed under NWP 18 to construct an SCM outlet to provide stormwater treatment for the development. Total proposed permanent stream impacts total 20 LF (40 SF / 0.001 ac) for the rip rap dissipator pad associated with the SCM outfall. Proposed temporary stream impacts total 51 LF (303 SF / 0.007 ac) associated with the sewer line installation. Proposed temporary Zone 1 buffer impacts due to the sewer line installation and the SCM outfall total 4,216 SF (0.10 ac). Proposed temporary Zone 2 buffer impacts due to the sewer line installation and SCM outfall total 4,855 SF (0.11 ac.). Per the table of uses [15A NCAC 02B .0714 (11)(kk)], the perpendicular impacts to the buffer (located on Stream SB) are "deemed allowable" as the construction corridor was less than 40-feet and the permanent maintenance corridor is 30-feet in width. Per the table of uses [15A NCAC 02B .0714 (11)(II)], the non -perpendicular impacts to Zone 2 of the buffer (located on Stream SA) are "deemed allowable" and the Zone 1 impacts are "deemed allowable upon authorization with mitigation." Per the table of uses, 15A NCAC 02B .0714 (9), new SCM outfalls are "deemed allowable." Marin Woods Subdivision Page 2 of 3 Mitigation Previously required compensatory mitigation was satisfied. This after the fact permit application request has no permanent wetland impacts proposed and the permanent stream impacts proposed are below compensatory mitigation thresholds. The constructed sewer line resulted in 1,351 SF of Zone 1 parallel impact which will require compensatory mitigation. Mitigation will be provided by EBX-Neuse I, LLC. The Statement of Availability is attached with this application. If you have any questions, please call me at (919) 754-7806. Respectfully submitted: Nicole Thomson, PWS Sage Ecological Services, Inc. Attachments: Sean Clam Sage Ecological Services, Inc. Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — PJD Sketch Map Figure 4 — NCSHPO Map USACE SAW-2021-01899 Verification (dated 12/22/21) NCDWR 401 Approval DWR No. 20211671 (dated 03/10/22) Mitigation Transfer Certificate Neu -Con Wetland & Stream Umbrella Bank Signed CMRTF Impact Maps EBX-Neuse I, LLC Riparian Buffer SOA Marin Woods Subdivision Page 3 of 3 SAGE ECOLOGICAL SERVICES 3;5 i. 1016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: Address: I �-� V V _ • K, i A � - Cl G Phone: ( g l- 1) G UI Email: 1e� o��k� Project Name/Description: NC 210 Property Sage Project # 2020.102 Date: Z } The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: _ Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: 1, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site.,, , l A • , I ,, BY: Qe,%\ 3 gt���lV BY: Print Name of Landowner or S/gizaltRuepreseritative re of andowner or Legal Representative L C � Y � 9• 15�r � f' ��I �][�' ' 1 Gaj Pr � 'i _ ••. •• •• : •, �� �7o- f: • Park � ' � - • Ji z• ....... .r.� .� ^' •�l � �•arHe� � •u? •- =ems_.. - rham _ . :• .yam., . _ L f ge- ,s>g � � _� � � � ' • .. .. - .: �.i'Srest S i � ield� �- ��_ � _ ', •• � l:�S itZttisld � r ': • � . �le.no•wr Par. a � � �o r3r• .■ ' ... fcemetefO ,, OaklaA • •.` �- 1— oVr } si►ram'" . • :� Suitt - -� .. J isr = 4° Project Study Area 1 $w@ age ■j b�sposar ; r 1 i l�£R Jr�L . Ir?�• a _ 30 Map Location NASH WAKE WI LSON JOHNSTON WAYN E HARNETT / USGS Topographic Map 102 NC 210 Property Sage Project # 2020.102 Selma, NC Quadrangle 2016 USGS Topography December 18, 2020 0 1,000 2,000 Feet Figure 1 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 ' NOS w - 4 ,L T , E it - ,C. -RA e - • ` ' ' ' NnB BB ML 06A GiA (M ILA L � Lj � Map Location WAKE WILSON JOHNSTON HARNETT )WAYNE SAMPSON SAMPSON RA Ly .r— �— ,,i Project Study Area r NRCS Soil Survey Map Figure 2 102 NC 210 Project Sage Project # 2020.102 N Johnston County Soil Survey, 1994 Soil Sheet 7 December 18, 2020 Sage Ecological Services, Inc. 0 255 510 Office:919-335-6757 Feet Cell: 919-559-1537 r Legend QProject Study Area ize of iated Ad be \ I . #+ - / III I //�� f11►' / / //ice i i i % `j j i ♦ tdC I \ - DOJ71{ 9 O • rojectI SAGE ECO LOGICAL SER VIC ES EST. 2016 J JohmM n ULF*r hfpd ogUaril nd Project Study Area Q 1-Mile Project Study Buffer NCSHPO Status Study List Individual Entry IVICAP LVGQIIVII Nash Wake Wilson Harnett Johnston Wayne Lau,, e h .. a r. 31r -i Map Preparer: K. Hamlin (Sage Ecological) ` Data Source: NCSHPO GIS Shapefiles Downloaded: August 8, 2020 https://www.ncdcr.gov NCSHPO Map Figure 4 NC 210 Project Sage Project # 2020.102 N December 22, 2020 Sage Ecological Services, Inc. 1,500 3,000 Office: 919-335-6757 Feet Cell: 919-559-1537 0 Sam U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01899 County: Johnston U.S.G.S. Quad: NC -Selma GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC Ralph L. Stewart, Jr. PO Box 2323 Smithfield, North Carolina 27524 919-427-4458 JRAF7(daol.com 57.84 Swift Creek 03020201 Nearest Town Smithfield River Basin Neuse Coordinates Latitude:35.5214 Longitude:-78.3696 Location description: The proiect is located on the north side of NC 210, aooroximately .7 mile west of its intersection with US 70 Business in Smithfield, North Carolina. Description of projects area and activity: This verification authorizes the use of Nationwide Permit 29 to permanently impact 0.21 acre of wetlands associated with construction of the proposed NC 210 Ellis Development subdivision in Smithfield, North Carolina. Specificallv, this verification authorizes the permanent loss of four portions of Wetland WA including .019 acre (Impact Wl), 0.115 acre (Impact W2), .014 acre (Impact W3), and .061 acre (Impact W4). Each is associated with lot and/or road fill. No other impact is authorized by this verification. Applicable Law(s): N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 29: Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 11/12/2021, and the enclosed plans `Marin Woods Subdivision' (undated). Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. SAW-2021-01899 Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Christopher Hopper at (919) 554-4884 (05) or christopher.d.hopper(kusace.arm_y.mil. r I Corps Regulatory Official: - — Date: 12/22/2021 Expiration Date of Verification: 3J15/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_4pex/Vp=136:4:0 Copy furnished: Agent: Sage Ecological Services, Inc. Ian McMillan Address: 3707 Swift Drive Raleigh, North Carolina 27606 Telephone Number: 919-608-3156 E-mail: imcmillan(a),sneecological.com Action ID Number: SAW-2021-01899 County: Johnston Permittee: Ralph L. Stewart, Jr. Project Name: NC 210 Ellis Developments / Marin Woods Date Verification Issued: 12/20/2021 Project Manager: Christopher Hopper Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Christopher Hopper Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or christopher.d.hopper@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. 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Stewart, Jr. Action ID: SAW-2021-01899 Project Name: NC 210 Ellis Developments / Marin Woods County: Johnston Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal .21 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non Riparian Coastal .42 Mitigation Site Debited: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank; Meadow Spring Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature CESAW-RG (File Number, SAW-2021-01899) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Resource Environmental Solutions, LLC, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/12/2021 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.arm y.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Christopher Hopper USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: christopher.d.hopper@usace.army.miI p 12/22/2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Type text here DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director March 10, 2022 NORTH CAROLINA Environmental Quality DWR 4 20211671 Johnston County Ralph L. Stewart, Jr. PO Box 2323 Smithfield, NC 27524 (via email JRAFZ(kaol.com) Subject: Approval of Individual 401 Water Quality Certification NC 210 Ellis Development USACE Action ID. No. SAW-2021-01899 Dear Mr. Stewart: Attached hereto is a copy of Certification No. 4589 issued to Ralph L. Stewart, Jr., dated March 10, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. North Carolina Department of Environmental Quality I Division of Water Resources z:��Q E Q" Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 a +u 919.791,4200 DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 2 of 9 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohnkncdenr. og_v if you have any questions or concerns. Sincerely, [DOCUSigned by: a. 825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Reid Smith, Marin Woods, LLC (via email davekhearthpointe.com) Sean Clark, Sage Ecological Services, Inc (via email) Ian McMillan, Sage Ecological Services, Inc (via email) Chris Hopper, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Branch Electronic file DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION 44589 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Ralph L. Stewart, Jr., who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 12, 2021, and payment received November 19, 2021, with additional information received January 10, 2022, and January 14, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands: W I: Fill 0.019 (acres) 0 (acres) W2: Fill 0.115 (acres) 0 (acres) W3: Fill 0.014 (acres) 0 (acres) W4: Fill 0.061 acres 0 acres This approval requires you to follow the conditions listed in the certification below: CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)] : 1) Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse I, LLC, and the Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet this mitigation requirement. The specific site to be debited is the Meadow Spring Site located in HUC 03020201. Until EBX-Neuse I LLC, receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to EBX-Neuse I, LLC, to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Compensatory Mitigation Required Bank Sponsor River & Sub -Basin Number Wetlands 0.209 (acres) EBX-Neuse I, LLC Neuse: 03020201 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 2) If this Water Quality Certification is used to access residential, commercial or industrial building sites, DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 4 of 9 then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H. 0502(a); 15A NCAC 02H.0506(b); ISA NCAC 02H.0507(c) 3) For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H. 0506(b); 15A NCAC 02H. 0507(c) 4) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 5) For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H.0502; 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; S.L. 2017-145; 6) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific Conditions shall apply to those impacts. a) All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) b) Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) e) Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 5 of 9 f) For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10' cm/sec or less. See Water Quality General Certification No. 4263 for a section and plan view diagram for the anti -seep collars. The following specifications shall apply to class B concrete: i) Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii) Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii) Maximum water -cement ratio gallons per sack 6.8 iv) Slump range 2" to 4" v) Minimum strength - 28-day psi 2,500 Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c) g) The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c) 7) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c) 8) No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: I5A NCAC 02H.0506, I5A NCAC 02H.0507(c) 9) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c) 10) When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 6 of 9 and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 1 SA NCAC 02H . 0506(b); 1 SA NCAC 02H . 0507(c); 1 SA NCACO2B . 0200; 1 SA NCAC 02B . 0231 11) Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 12) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 13) If the project is covered by NPDES Construction Stormwater Permit Number NCGO 10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B . 0231 14) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 15) In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step - pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 16) Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 7 of 9 the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: I SA NCAC 02H . 0506(b); I SA NCAC 02H . 0507(c) 17) Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H . 0506(b); 15A NCAC 02H . 0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B . 0231 18) If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H. 0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B .0231 19) All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3135C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 8 of 9 dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H0506(b); ISA NCAC 02H.0507(c) 20) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 21) Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 22) Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201 23) All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H . 0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 24) Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231 25) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) 26) The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) DocuSign Envelope ID: D4C9841 F-8C50-4412-8146-3B5C84686243 NC 210 Ellis Development DWR# 20211671 Individual Certification #WQC004589 Page 9 of 9 27) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: I5A NCAC 02H.0506(b); I5A NCAC 02H.0507(c) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the loth day of March 2022 cuSigned by: [Do e,�t'U 8 CDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ CMC WQC004589 fires MITIGATION CREDIT TRANSFER CERTIFICATE NEU-CON WETLAND AND STREAM UMBRELLA BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, EBX-Neuse I, LLC the Sponsor of the Neu -Con Wetland and Stream Umbrella Mitigation Bank (Meadow Spring Site) hereby certifies the following: Ralph L. Stewart, Jr. has deposited monies with the Sponsor sufficient to acquire 0.42 Wetland Mitigation Credits from the Bank for use on its NC 210 Ellis Developments / Marin Woods project (Action ID: SAW-2021-01899), in Johnston County in HUC 03020201 of the Neuse River Watershed. 2. NC 210 Ellis Developments / Marin Woods project requires a total of 0.42 Wetland Mitigation Credits as mitigation. Of this amount 0.42 Wetland Mitigation Credits are being provided by the Meadow Spring Site. 2. The Sponsor has deducted 0.42 Wetland Mitigation Credits from the Bank's credit ledger in HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledgers reflecting the above transaction are attached to this Certificate. EBX-Neuse I, LLC By: Amy Stal y, Auth i ed Agent Date: 2/8/2024 Copies: Christopher Hopper - U.S. Army Corps of Engineers (electronic) Nikki Thompson — Sage Ecological Services, Inc. (electronic) Reid Smith — Marin Woods, LLC (electronic) U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Ralph L. Stewart, Jr. Action ID: SAW-2021-01899 Project Name: NC 210 Ellis Developments / Marin Woods County: Johnston Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .21 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non Riparian Coastal .42 Mitigation Site Debited: EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank; Meadow Spring Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: EBX-Neuse I, LLC Name of Sponsor's Authorized Representative: Amy Staley 2/8/2024 Signature of Spons 's Authorized Representative Date of Signature CESAW-RG (File Number, SAW-2021-01899) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Resource Environmental Solutions, LLC, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/12/2021 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.arm y.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Christopher Hopper USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: christopher.d.hopper@usace.army.miI p 12/22/2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Type text here PROGRESS PLOT DATE: 2023-11-21 INVENTORY OF PROJECT IMPACTS TYPE OF IMPACT FEATURE IMPACTED DESCRIPTION OF IMPACT AREA (SF) AREA (AC) WETLAND IMPACT AREA ROADWAY 862 0.019 WETLAND IMPACT AREA B ROADWAY 5,043 0.115 APPROVED I M PACTS WETLAND IMPACT AREA C ROADWAY 621 0.014 PERMANENT WETLAND IMPACTS WETLAND IMPACT AREA D ROADWAY 2,678 0.061 TOTAL WETLAND IMPACT ROADWAY 9,204 0.21 CURRENT WETLAND IMPACT ROADWAY 5,823 0.1337 IMPACTS WETLAND IMPACT BOARDWALK 25 0.0006 REDUCED IMPACTS WETLAND IMPACT ROADWAY 3,381 0.0776 ll� tI A STREAM SC - WETLAND WB- SILT FENCE O INVENTORY OF PROJECT IMPACTS AREA AREA FEATURE IMPACTED DESCRIPTION OF IMPACT (SF) (AC) SEWER INSTALLATION 3,615 0.0830 ZONE 1BUFFER SCM 601 0.0137 SEWER INSTALLATION 4,381 0.1006 ZONE 2 BUFFER SCM 474 0.0109 PERMANENT -NO LOSS RIP -RAP 79 0.0018 I M PACTS \ WETLAND IMPACT AREA A WETLAND IMPACT t STREAM S °unn AREA STREAM S / NEW IMPACTS AREA 3 =T (TYP.) FEMA SPECIAL FLOOD HAZARD AREA \� (0.2% ANNUAL CHANCE FLOOD HAZARD) S PROPERTY BOUNDARY (TYP.) (� vvC I Ilvlrnl I AREA D- °1 . PROPOSED PROPERTY LIN GRAPHIC SCALE - °11" '—� . III[ 250 ° 26 "° '0D owPON�1 FEMA SPECIAL FLOOD tsLTIFEEENCE/ LIMITS OF 0 ti "" HAZARD AREA AE 3 7 DISTURBANCE } I IN FEET) 1 1 1 h - 250 fL 3� LEGEND: EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE - - — - - PROPOSED LOT LINE PROPOSED STORM DRAIN LINE o SILT FENCE\ LIMITS OF DISTURBANCE —sF—sF—SF— SILT FENCE — — — — PERENNIAL STREAM - - NON -BUFFERED PERENNIAL STREAM - - - - - NEW STREAM IMPACT — ZONE 1BUFFER — ZONE 2 BUFFER — NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT — NEW WETLAND IMPACT — PREVIOUSLY APPROVED IMPACT WETLAND SITE TO BE RETAINED BY OWN SITE VICINITY MAP 1 " = 2000' INVENTORY OF PROJECT IMPACTS TYPE OF FEATURE DESCRIPTION OF AREA AREA LENGTH IMPACT IMPACTED IMPACT (SF) (AC) (LF) SEWER INSTALLATION 7486 0.1719 & PUMP AROUND WETLAND SCM 3,222 0.0740 TEMPORARY IMPACTS STREAM SEWER INSTALLATION 303 0.007 51 Inc - MARIN WOODS SUBDIVISION CA"N STRONGRTWCKSMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA E-1 E N G I N E E R I N G G R O U P OVERALL IMPACT MAP 01 OF 10 STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: SCALE: HORZ: 1" = 250' PROGRESS PLOT DATE: 2023-11-21 � ID123 P / SILT FENCE/ LIMITS OF 122 / DISTURBANCE DOUBLE SILT FENCE O STREAM SB \\Q 10+5 � S I / IS I = co Q 284 LF 8" PVC @ 0.52% I WETLAND WA / I / /r CONTRACTOR TO REMOVE THE #57 STONE FROM THE STREAM USING HAND SHOVELS. CONTRACTOR TO REGRADE THE BANKS WITH APPROPRIATE MATERIAL AND BRING BACK THE TOP OF BANK TO EXISTING ELEVATION. CONTRACTOR TO COVER THE DISTURBED WETLAND AREA WITH WETLAND SEEDMIX AND BRING IT BACK TO THE NATURAL CONDITIONS. / 3,1 NEW STREAM IMPACTS +/- 51 LF; 303 SF �N SS 1 10+00 -120 -l�S i — SILT FENCE OUTLET, (TYP.) STREAM SA \ PLAN VIEW - MAP LOCATION AREA 1 - NEW STREAM IMPACTS HORIZONTAL: 1" = 40' STRONGR CA"N C K E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: 1 Cf_CAIn. EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER — ROADWAY CENTER LINE - - PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE — SF SF — SILT FENCE — — — PERENNIAL STREAM - - NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT — ZONE 1 BUFFER ZONE 2 BUFFER NEW ZONE 1 BUFFER IMPACT NEW ZONE 2 BUFFER IMPACT NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT r wrL �� WTLD 7D WETLAND INVENTORY OF PROJECT IMPACTS TYPE OF IMPACT DESCRIPTION OF IMPACT AREA (SF) AREA (AC) LENGTH (LF) TEMPORARY IMPACTS SEWER INSTALLATION 303 0.007 51 TOTAL 303 0.007 51 GRAPHIC SCALE 40 0 20 40 9p 160 ( IN FEET ) 1 inch = 40 ft. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 1 - NEW STREAM E-2 IMPACTS 02 OF 10 SCALE: HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 125 120 115 110 EXISTING GRADE SEWER 8" PVC STA: 10+31.49 INV: 112.01 rn co rn o r— co 125 120 115 110 9+75 10+00 10+50 10+75 PROFILE VIEW - MAP LOCATION AREA 1 - STREAM PROFILE HORIZONTAL: 1" = 50' VERTICAL: 1" = 5' STRONGR CA"N CK E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 1 - STREAM PROFILE REVISION: I I SCALE: E-3 03OF10 HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 123 SILT FENCE/ LIMITS OF DISTURBANCE i WETLAND WA / � DOUBLE SILT FENCE STREAM S SCM #1 I Q%/' S , 4- Cv AT co 284 LF 8" PVC @ 0.52% I SILT FENCE OUTLET (TYP.) NEW WETLANDS IMPACTS i 7,199 SF CONTRACTOR TO REMOVE THE #57 STONE FROM THE STREAM USING HAND SHOVELS. CONTRACTOR TO REGRADE THE BANKS WITH APPROPRIATE MATERIAL AND BRING BACK THE TOP OF BANK TO EXISTING / y \ . STREAM SA ELEVATION. CONTRACTOR TO COVER THE DISTURBED / \ WETLAND AREA WITH WETLAND SEEDMIX AND BRING IT BACK TO THE NATURAL CONDITION. PLAN VIEW - MAP LOCATION AREA 1 - NEW WETLANDS IMPACTS HORIZONTAL: 1" = 40' E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: .EGEND: EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE - - PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE - SF SF — SILT FENCE - — — PERENNIAL STREAM — - - NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT ZONE 1BUFFER ZONE 2 BUFFER NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT L WETLAND INVENTORY OF PROJECT IMPACTS TYPE OF FEATURE DESCRIPTION OF AREA AREA IMPACT IMPACTED IMPACT (SF) (AC) TEMPORARY WETLAND SEWER INSTALLATION 7,199 0.1653 IMPACTS WA TOTAL 7,199 0.1653 - - _ LL 118I L � rn anti 117 GRAPHIC SCALE 40 0 20 40 90 160 ( IN FEET ) 1 inch = 40 ft. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 1 - NEW WETLANDS E-4 IMPACTS 04 OF 10 SCALE: HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 1 7 123 WETLAND WA I I STREAM S CONTRACTOR TO REMOVE THE #57 STONE FROM THE STREAM USING HAND SHOVELS. CONTRACTOR TO REGRADE THE BANKS WITH APPROPRIATE MATERIAL AND BRING BACK THE TOP OF BANK TO EXISTING ELEVATION. CONTRACTOR TO COVER THE DISTURBED WETLAND AREA WITH WETLAND SEEDMIX AND BRING IT BACK TO THE NATURAL CONDITIONS. / 284 LF 8" PVC @ 0.52%- I I / NEW BUFFER ZONE 2 IMPACTS I / 4,381 SF -1_1� NEW BUFFER ZONE 1 IMPACTS \ 1,351 SF / SILT FENCE OUTLET \ / (TY P. ) / STREAM SA-/ PLAN VIEW - MAP LOCATION AREA 1 - NEW BUFFER IMPACTS HORIZONTAL: 1" = 40' STRONGR CA"N CK E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: 1 Cr_`CKlr%- — EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE — — PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE - SF SF - SILT FENCE - - - PERENNIAL STREAM - - NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT ZONE 1BUFFER ZONE 2 BUFFER NEW ZONE 1 BUFFER IMPACT - NEW ZONE 2 BUFFER IMPACT - NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT ay WETLAND INVENTORY OF PROJECT IMPACTS DESCRIPTION OF AREA AREA TYPE OF IMPACT IMPACT (SF) (AC) ZONE 1 BUFFER IMPACTS SEWER INSTALLATION 3,615 0.0830 TOTAL ZONE 1 BUFFER 3,615 0.0830 IMPACTS ZONE 2 BUFFER IMPACTS SEWER INSTALLATION 4,381 0.1006 TOTAL ZONE 2 BUFFER 4,381 0.1006 IMPACTS GRAPHIC SCALE 40 0 20 40 90 160 ( IN FEET ) 1 inch = 40 ft. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 1 - NEW BUFFER E-5 IMPACTS 05 OF 10 SCALE: HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 123 TEMPORARY WETLANDS IMPACTS / 163 SF INTAKE HOSE PUMP N 5 p, ss I / S I �_7 I = Co Q Q I I M � I I284 LF 8" PVC @ 0.52% I OUTLET HOSE 1 CONTRACTOR TO REMOVE THE #57 STONE FROM THE - STREAM USING HAND SHOVELS. CONTRACTOR TO REGRADE THE BANKS WITH APPROPRIATE MATERIAL AND BRING BACK THE TOP OF BANK TO EXISTING ELEVATION. CONTRACTOR TO COVER THE DISTURBED WETLAND AREA WITH WETLAND SEEDMIX AND BRING IT BACK TO THE NATURAL CONDITIONS. �v SILT FENCE/ LIMITS OF DISTURBANCE DOUBLE SILT FENCE � STREAM SB / 3,1 / SAND BAGS WRAPPED IN PLASTIC IN THE DIRECTION FLOW o�iys rn \S � OAS p�ZM \s \ \ I / i \ 120 ss_ss SILT FENCE OUTLET a / TEMPORARY WETLANDS IMPACTS / (TYP.) \ 124SF / / \ STREAM SA GRAPHIC SCALE PLAN VIEW - MAP LOCATION AREA 1 - RESTORATION PLAN '° 40 HORIZONTAL: 1" = 40' ( IN FEET ) 1 Inch = 40 rt. MARIN WOODS SUBDIVISION CA"N STRONGR C K SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 1 - RESTORATION E N G I N E E R I N G G R O U P PLAN STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: LEGEND: EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE - - PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE — SF SF — SILT FENCE — — — PERENNIAL STREAM - - NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT ZONE 1BUFFER ZONE 2 BUFFER — NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT — NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT WETLAND INVENTORY OF PROJECT IMPACTS TYPE OF FEATURE DESCRIPTION OF AREA AREA IMPACT IMPACTED IMPACT (SF) (AC) TEMPORARY WETLAND WA PUMP AROUND 287 0.0066 IMPACTS TOTAL 287 0.0066 SCALE: E-6 06OF10 HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 A A` DOUBLE SILT FENCE- al1M ` J M 4�1 I SILT FENCE/ LIMITS OF / NEW WETLANDS IMPACTS DISTURBANCE 3,222 SF i / 1 / / / WETLAND WA SILT FENCE OUTLET (TYP.) PLAN VIEW - MAP LOCATION AREA 2 - NEW WETLANDS IMPACTS HORIZONTAL: 1" = 40' STRONGR CA"N C K E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM 9 REVISION: — - L - LEGEND: - EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE - - PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE — SF SF — SILT FENCE — — — PERENNIAL STREAM - - NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT — ZONE 1 BUFFER ZONE 2 BUFFER NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT i NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT L WETLAND INVENTORY OF PROJECT IMPACTS TYPE OF FEATURE DESCRIPTION OF AREA AREA IMPACT IMPACTED IMPACT (SF) (AC) TEMPORARY WETLAND SCM 3,222 0.074 IMPACTS WA TOTAL 3,222 rEKI GRAPHIC SCALE 40 0 20 40 90 160 ( IN FEET ) 1 inch = 40 ft. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 2 - NEW WETLANDS E-7 IMPACTS 07 OF 10 SCALE: HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 LEGEND: SILT FENCE OUTLET \ (TYP.) O a-l1M `-TiM G-lim I � DOUBLE SILT FENCE STREAM S SILT FENCE/ LIMITS OF DISTURBANCE PERMANENT - NO LOSS IMPACT / / — 79 SF RIP -RAP / � +16 12+00 i WETLAND WA PLAN VIEW - MAP LOCATION AREA 2 - NEW BUFFER IMPACTS HORIZONTAL: 1" = 40' STRONGR CA"N CK E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: i EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE — — PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE — SF SF — SILT FENCE — — — PERENNIAL STREAM NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT ZONE 1BUFFER MOM ZONE 2 BUFFER NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT — NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT C WETLAND INVENTORY OF PROJECT IMPACTS DESCRIPTION OF AREA AREA TYPE OF IMPACT IMPACT (SF) (AC) ZONE 1 BUFFER SCM 601 0.0137 IMPACTS TOTAL ZONE 1 BUFFER 601 0.0137 IMPACTS ZONE 2 BUFFER SCM 474 0.0109 IMPACTS TOTAL ZONE 2 BUFFER 474 0.0109 IMPACTS PERMANENT - NO LOSS RIP -RAP 79 0.0018 IMPACT GRAPHIC SCALE 40 o Zo 40 so 60 ( IN FEET ) 1 inch = 40 ft. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 2 - NEW BUFFER E-8 IMPACTS 08 OF 10 SCALE: HORZ: 1" = 40' PROGRESS PLOT DATE: 2023-11-21 135 - 130 - 125 - 120 - 115 - OCS#402 STA: 10+17.71 TOP: 130.30 INV OUT: 124.00 (N) PROPOSED GRADE EXISTING GRADE AREA OF FILL 164 LF 18" RCP @ 2.12% � 01 FES#tl STA: +81.64 TOP: 122.31 INV I : 120.52 (S) Li 1 I II RIP RAP PAD L co co co O� O M O I— I- L M N N N N - 135 - 130 - 125 - 120 - 115 9+75 10+00 10+50 11+00 11+50 12+00 12+50 12+75 PROFILE VIEW - MAP LOCATION AREA 2 - OUTLET PROFILE HORIZONTAL: 1" = 40' VERTICAL: 1" = 4' STRONGR CA"N CK E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM REVISION: MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA E-9 MAP LOCATION AREA 2 -OUTLET PROFILE 09 OF 10 SCALE: I HORZ: 1" = 40'; VERT 1" = 4' 1 PROGRESS PLOT DATE: 2023-11-21 WETLAND (TYP.) C) BOARDWALK IMPACT Y_ 25 SF WETLAND 12\IMBER PILE—\ i i SILT FENCE/ LIMITS OF cn DISTURBANCE / U) DOUBLE SILT FENCE i i U) �O cC0 O r7 PLAN VIEW - MAP LOCATION AREA 3 - WETLAND IMPACTS HORIZONTAL: 1" = 40' STRONGR CA"N C K E N G I N E E R I N G G R O U P STRONG ROCK ENGINEERING GROUP, PLLC COMPANY LICENSE # P-2166 6801 FALLS OF NEUSE RD. SUITE 108 RALEIGH, NC 27615 INFORMATION@STRONGROCKGROUP.COM 1 CrCAln- EXISTING ADJOINER PROPERTY LINE STANDARD CURB & GUTTER ROADWAY CENTER LINE — — PROPOSED LOT LINE PROPOSED STORM DRAIN LINE SF/LD SILT FENCE\ LIMITS OF DISTURBANCE — SF SF — SILT FENCE — — — PERENNIAL STREAM — — NON -BUFFERED PERENNIAL STREAM NEW STREAM IMPACT ZONE 1BUFFER - ZONE 2 BUFFER — NEW ZONE 1 BUFFER IMPACT — NEW ZONE 2 BUFFER IMPACT — NEW WETLAND IMPACT PREVIOUSLY APPROVED IMPACT r— I� WETLAND INVENTORY OF PROJECT IMPACTS DESCRIPTION OF DESCRIPTION AREA AREA TYPE OF IMPACT IMPACT IMPACT (SF) (AC) PERMANENT IMPACTS BOARDWALK WETLAND 25 0.0006 TOTAL PERMANENT 25 0.0006 IMPACT GRAPHIC SCALE 40 0 20 40 w 'm ( IN FEET ) 1 inch = 40 rt. MARIN WOODS SUBDIVISION SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINA MAP LOCATION AREA 3 - WETLAND IMPACTS REVISION: I I SCALE: E-10 10 OF 10 HORZ: 1" = 40' fires Statement of Availability - Neuse 03020201 (Outside Falls) EBX-Neuse I, LLC and Environmental Banc and Exchange (EBX) Riparian Buffer Mitigation Banks February 19, 2024 Marin Woods, LLC 114 W. Main Street Clayton, NC 27520 Attn: Reid Smith RE: Availability of Riparian Buffer Credits for the NC 210 Ellis Developments / Marin Woods Project Bank MBI/UMBI Name: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, and RES 2022 Phase II Umbrella Mitigation Bank. Bank Site: See Table Below Bank Sponsor: EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC Bank Site DWR Project #: See Table Below Riparian Buffer Credits Needed: 2,027.00 SF Riparian Buffer Credits Available: 2,027.00 SF Bank's Credit Service Area: Neuse River Basin 03020201 (Outside Falls) To Whom It May Concern: EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC has the above -mentioned Riparian Buffer Credits from one or more of the mitigation bank parcels listed below to satisfy the anticipated buffer mitigation requirements related to the above -mentioned project. The project is located within the service area HUC 03020201 where these Banks are allowed to provide riparian buffer credits for buffer mitigation requirements. BANK PARCEL BANK SPONSOR DWR PROJECT # HUC # Bucher EBX-Neuse I, LLC 2016-0977v2 03020201 (Inside Falls) Selma Mil EBX-Neuse I, LLC 2014-0705v2 03020201 (Outside Falls) Hannah Bride EBX-Neuse I, LLC 2017-0537v2 03020201 (Outside Falls) Meadow Spring EBX-Neuse I, LLC 2016-0980v2 03020201 (Outside Falls) Polecat EBX-Neuse I, LLC 2016-0978v2 03020201 (Outside Falls) Stone Creek EBX-Neuse I, LLC 2016-0241v2 03020201 (Outside Falls) Poplar Creek EBX-Neuse I, LLC 2016-0979v2 03020201 (Outside Falls) Uzzle EBX-Neuse I, LLC 2016-0981v2 03020201 (Outside Falls) Shady Grove Environmental Banc & Exchange, LLC 2020-1091v2 03020201 (Outside Falls) Wolf King Environmental Banc & Exchange, LLC 2020-1149v2 03020201 (Outside Falls) Thunder Swamp II Environmental Banc & Exchange, LLC 2021-0306v2 03020201 (Outside Falls) Caraway Bluff II Environmental Banc & Exchange, LLC 2014-0820v6 03020201 (Outside Falls) This letter is simply a statement of availability of credits as of the date written. We have the inventory as shown above; however, this letter is not a guarantee of availability as credits will be sold on a first come, first served basis. An invoice for fires this transaction will be sent upon your request, and we will formally reserve both the credits and per -credit pricing for a period of 30 days from the date of invoice. Credits and pricing may be reserved for an extended period by signing a reservation agreement and paying a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification and/or Buffer Authorization Certificate from the NC Department of Environmental Quality -Division of Water Resources approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment. We will then issue a mitigation credit transfer certificate verifying your buffer credit purchase to the North Carolina Division of Water Resources and to you for your records. We appreciate the opportunity to assist you with your buffer mitigation requirements. Please contact me at 919-209-1055, astaley@res.us or nccreditsales@res.us if you have any questions or need further information. Sincerely Amy Staley Credit Sales Manager CC: Katie Merritt -Nutrient Offset & Buffer Banking Coordinator, NCDEQ Division of Water Resources Zachary Thomas-NCDEQ Division of Water Resources Nikki Thomson -Sage Ecological Services, Inc. 2