HomeMy WebLinkAbout20211671 Ver 2_Marin Woods ATF Supplemental Docs_20240220SAGE
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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 � -
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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
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NC 210 Project
Sage Project # 2020.102 N
December 22, 2020
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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.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
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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
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
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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
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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
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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—\
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SILT FENCE/ LIMITS OF cn
DISTURBANCE / U)
DOUBLE SILT FENCE
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U)
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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'
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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
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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.
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