20180638 Ver 1_401 Application_20180518

-40- WithersRavenel
1/ Our People. Your Success.
May 8, 2018
US Army Corps of Engineers NC -Division of Water Resources
Regulatory Field Office 401 & Buffer Permitting Unit
Mr. Roscoe Sullivan Ms. Karen Higgins
3331 Heritage Trade Drive 1617 Mail Service Center
Suite 105 Raleigh, North Carolina 27699
Wake Forest, NC 27587
Re: Capps Tract Townhome Site
Town of Clayton, Johnston County, NC
NWP 29 PCN Submittal
WR Project #02170163.00
AID# SAW -2017-2441
NBRRO# 17-387
Dear Mr. Sullivan and Ms. Higgins,
On behalf of Forsyth Investment Co. LLC., we are requesting authorization from the USACE to use
NWP 29 for 0.47 acres of permanent wetland impacts and 25 If of temporary stream impacts for
construction of the proposed project. We are also requesting a 401 WQC from NCDWR for the
above referenced impacts.
The project is ±36.28 acres in size and is located north of US -70 Business between Shotwell Road
and S. Moore Street in Clayton, Johnston County (Latitude: 35.658713°N; Longitude: -
78.474383°W). The project is located in the Neuse River basin and onsite waters drain to Little
Creek. The Water Quality Classification for Little Creek is C; NSW and the Stream Index Number
is: 27-43-12. The cataloging unit for the site is 03020201.
Proposed Project
The purposed of the proposed project is to construct a 163 -unit townhome subdivision in order to
meet the existing demand for residential housing in the Town of Clayton. The proposed project
consists of the construction of 163 townhome lots and associated infrastructure, including internal
access roads, utilities and stormwater management.
The applicant is purchasing the ±36.28 acre northern portion of the larger ±42.56 acre Capps Tract
parcel (NCPIN: 165911-65-2257). The southern portion of the Capps Tract parcel depicted as
"Future Commercial Development" is not currently being purchased by the applicant, nor does the
applicant intend on purchasing this portion of the property, and therefore is not considered part of
the proposed project.
Project History
NCDWR issued a Buffer Determination (NBRRO #17-387) for the entire ±42.56 acre Capps Tract
parcel on 11/17/2017. A copy of the Buffer Determination Letter has been provided as an appendix.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

Capps Tract Townhome Site - NWP 29 PCN 10 Withers Rave n e l
Our People, Your Success.
A preliminary Jurisdictional Determination (SAW -2017-2441) for the entire ±42.56 Capps Tract
parcel was submitted by WR on 11/22/2017 and USACE regulatory specialist Roscoe Sullivan field
verified WR's delineation and jurisdictional status on 12/21/2017. WR is requesting issuance of the
preliminary JD in conjunction with issuance of the NWP 29.
Proposed Impacts
The proposed impacts consist of 0.47 acres of permanent wetland impacts and 25 If of temporary
stream impacts.
The construction of Enterprise Drivewill result in 0.17 acres of permanent wetland impacts (Impact
#1A). The Town of Clayton is requiring the applicant to construct the extension of Enterprise Drive
to connect to Summit Street. Both roads currently stub to the proposed project, and the connection
to these roads is required to meet the interconnectivity requirements of the Unified Development
Ordinance (UDO). This requirement is intended to provide interiortravel corridors to reducetraffic
on major thoroughfares. During the site plan approval process, the Town of Clayton requested
Enterprise Drive be located in the proposed location. The proposed Enterprise Drive extension will
ultimately provide a connection from the existing neighborhood to the north to US -70 Business.
Fill from the construction of Lots 20, 21, 22, 23, 24 & 25 will result in 0.30 acres of permanent
wetland impacts (Impact #113). The proposed Lots 20-25 are necessary to offset the construction
costs associated with the site development costs, as wells as construction of the required extension
of Enterprise Drive.
The proposed 25 If of temporary stream impacts (Impact #2A) will result from construction of a
temporary road crossing of UT to Little Creek. The temporary road is necessary to access uplands
east of UT to Little Creek (eastern uplands) of the site. The eastern uplands of the site will be used
for both excavation and storage of structural borrow material for site activities, as well as storage
of waste borrow for the proposed development. The use of this area allows the project to both
generate structural borrow material and store borrow/fill material onsite, reducing development
costs from offsite operations, and also reduces construction traffic on public roads traveling to and
from offsite locations. There is no proposed construction within the eastern uplands. Once
construction activities are complete and access to the upland area is no longer needed, the culvert
will be removed and the disturbed portion of the stream will be restored to natural contours. The
disturbed stream banks will be temporarily stabilized with biodegradable curled wood matting and
seeded until natural recruitment re -vegetates the stream banks with native vegetation.
The temporary road will also result in 2,080 sq ft (Zone 1: 1,230 sq ft (Impact #2B); Zone 2: 850 sq
ft (Impact #2C)) of riparian buffer impacts. Impacts #2B & #2C are exempt from permitting since
riparian buffer impacts are temporary and total less than 2,500 sq ft and vegetation will be restored
within six months of commencement of the construction of the temporary road.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts have
Page 2 of 5

Capps Tract Townhome Site - NWP 29 PCN 10 Withers Rave n e l
Our People, Your Success.
been minimize to only those impacts necessary to construct 6 lots, the construction of Enterprise
Drive.
Permanent wetland impacts have been minimized to only those necessary for the construction of
Enterprise Drive and Lots 20-25. Temporary impacts have been minimized to only those necessary
to utilize a temporary road to access uplands.
Site design has been dictated by requirements to maintain interconnectivity (as described in the
proposed impacts section), configuration of the boundary of the project area and location of
wetlands and streams within the site. The project area contains a ±6.18 acre wetland (Wetland C)
in the eastern portion of the propertywhich greatly limited the developable areawithin the project
and limited options for site design.
Additionally, the upland area west of Wetland C could not be developed to add additional lots.
Specifically, adding lots in this area would require a dedicated SCM to treat the stormwater runoff
for this area. The area necessary for the SCM would reduce the buildable area for lots to the point
that there would not be enough lots to offset the costs associated with the construction of the
additional road and utilities to access this area. Therefore, the upland area west of Wetland C is not
a viable upland alternative for Lots 20-25.
The construction of Enterprise Drive and Lots 20, 21, 22, 23, 24 & 25 will result in 0.47 acres of
permanent wetland impact. Specifically, the construction of Enterprise Drive would require 0.17
acres of permanent wetland impact (Impact 1A) if there were no proposed lots adjacent to it. As
previously mentioned, the extension of Enterprise Drive to Summit Street is a requirement of the
Town of Clayton.
The construction of Lots 20, 21, 22, 23, 24 & 25 will result in 0.30 acres of permanent wetland
impacts (Impact 1B) to Wetland C. Due to the onsite wetlands and configuration of the property,
there is a relatively smal I developable area within the site. The loss of developable area due to onsite
wetlands and interconnectivity requirements, as well as the additional costs of the construction of
the extension of Enterprise Drive, have created additional financial burdens on the project. The
proposed 163 townhome lots represent the minimum number of lots needed to offset site
development costs (i.e. land purchase price, infrastructure costs, grading costs, etc) while keeping
the selling price of the lots at a price point which the current real estate market can support. The
loss of six lots would increase the per lot construction cost for the remaining lots, pricing the lots
above what the current real estate market will support and potentially rendering the project
financially unfeasible. Impacts from lot construction could not be avoided completely but have been
minimized only to the upper area of the wetland. The lower area of the wetland will be undisturbed
allowing the hydrologic connection between Wetland C and downstream waters to remain intact.
The temporary road to access the eastern upland area for excavation/storage of structural borrow
and storage of waste borrow has been designed to avoid wetlands and to cross UT to Little Creek
at a perpendicular angle to minimize stream and buffer impacts. Once construction activities are
complete and access to the upland area is no longer needed, the culvert will be removed and the
disturbed portion of the stream will be restored to natural contours. The disturbed stream banks
will be temporarily stabilized with biodegradable curled wood matting and seeded until natural
Page 3 of 5

Capps Tract Townhome Site - NWP 29 PCN 10 Withers Rave n e l
Our People, Your Success.
recruitment re -vegetates the stream banks with native vegetation. Additionally, the vegetation
within the riparian bufferwill be replanted.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into
adjacent wetlands and waters during construction. During construction, all equipment will access
construction areas from high ground.
Mitigation
Stream Mitigation
The proposed impacts are temporary; therefore, stream mitigation is not required.
Wetland Mitigation
The applicant proposes to mitigate for the 0.47 acres of permanent wetland impacts through the
purchase of offsite mitigation credits at a 2:1 ratio, resulting in the purchase of 0.94 acres of riparian
wetland mitigation. WR checked with private mitigation banks servicing the Neuse 03020201
basin, and the needed wetland mitigation is available from Wildlands Engineering and RES. The
applicant will provide 0.94 acres of riparian wetland mitigation through the purchase of credits
from RES. A copy of the Statement of Availability has been provided as an Appendix.
Stormwater Management Plan
The development will increase impervious area to roughly 35% of the site set by the Special Use
Permit #2017 -145 -SUP. The stormwater management plan consists of two Stormwater Control
Measures (SCM) in series, including a dry pond (SCM #1) and a 10' level spreader with a vegetated
filter strip (SCM #2). The SCMs have been designed for 90% TSS and TN removal, and therefore
diffuse flow is not required. The Stormwater Management Plan will be review and approved by the
Town of Clayton and Johnston County as the certified municipalities.
The current request is for 0.47 acres of permanent wetland impacts and 25 If of temporary stream
impacts (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
WithersRavenel
Environmental Scientist
Page 4 of 5

Capps Tract Townhome Site - NWP 29 PCN 10 Withers Rave n e l
Our People. Your Success.
Attachments:
• PCN Form
• Agent Authorization
• Approved Wetland/Buffer Delineation Exhibit
• USGS Quadrangle
• Johnston County Soil Survey
• NCDWR Buffer Determination Letter - NBRRO #17-387
• NCNHP Project Review Letter
• USFWS List - Johnston County
• RES Letter of Availability
• Impact Exhibits
Page 5 of 5

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Capps Tract Townhome Site
2b.
County:
Johnston County
2c.
Nearest municipality / town:
Clayton
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Stella Puckett Capps Estate
3b.
Deed Book and Page No.
Book: N/A; Page: N/A
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3620 Wind Sock Court
3e.
City, state, zip:
Eastover, NC 28312
3f.
Telephone no.:
910-433-9088
3g.
Fax no.:
3h.
Email address:
ierrycapps(o1earthlink.net
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
Forsyth Investments Co. LLC.
4d.
Street address:
414 Forsyth Street
4e.
City, state, zip:
Raleigh, NC 27609
4f.
Telephone no.:
919-345-6805
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Lyle Phillips
5b.
Business name
(if applicable):
WithersRavenel
5c.
Street address:
115 MacKenan Drive
5d.
City, state, zip:
Cary, NC 27511
5e.
Telephone no.:
919.469.3340
5f.
Fax no..-
o.:5g.
5g.
Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
Johnston Co. PIN# - 05026073
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.658713°N Longitude: - 78.474383°W
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
Project Area- ± 36.28 acres
Property Area - ± 42.56 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Little Creek
proposed project:
Stream Index: 27-43-12
2b.
Water Quality Classification of nearest receiving water:
Class C; NSW
2c.
River basin:
Neuse River Basin
HUC: 03020201
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The existing conditions on the site consists of undeveloped woodlands, agricultural fields and a drained pond. The
general land use in the vicinity of the project is undeveloped woodlands, agricultural fields and commercial & residential
land use.
3b.
List the total estimated acreage of all existing wetlands on the property:
± 6.9803 acres
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
± 1,681
3d.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a townhome residential subdivision to meet the existing demand for
housing in the Clayton area.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The purposed of the proposed project is to construct a 163 -unit townhome subdivision in order to meet the existing
demand for residential housing in the Town of Clayton. The proposed project consists of the construction of 163
townhome lots and associated infrastructure, including internal access roads, utilities and stormwater management.
The applicant is purchasing the ±36.28 acre northern portion of the larger ±42.56 acre Capps Tract parcel (NCPIN:
165911-65-2257). The southern portion of the Capps Tract parcel depicted as "Future Commercial Development' is not
currently being purchased by the applicant, nor does the applicant intend on purchasing this portion of the property, and
therefore is not considered part of the proposed project.Standard commercial construction equipment and techniques will
be used to construct the proposed project.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: WithersRavenel
Name (if known): Lyle Phillips
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NCDWR issued a Buffer Determination (NBRRO #17-387) for the entire ±42.56 acre Capps Tract parcel on 11/17/2017. A
copy of the Buffer Determination Letter has been provided as an appendix.
A preliminary Jurisdictional Determination (SAW -2017-2441) for the entire ±42.56 Capps Tract parcel was submitted by WR
on 11/22/2017 and USACE regulatory specialist Roscoe Sullivan field verified WR's delineation and jurisdictional status on
12/21/2017. WR is requesting issuance of the preliminary JD in conjunction with issuance of the NWP 29.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary T
Impact #1A
® Yes
® Corps
® P El T
Road Fill
Headwater Forest
El No
® DWQ
0.17 acres
Impact #1A
® Yes
® Corps
® P El T
Lot Fill
Headwater Forest
El No
® DWQ
0.30 acres
2g. Total wetland impacts
0.47 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Impact #2A
❑ PER
® Corps
❑P®T
Temporary Road
UT to Little Creek
®INT
®DWQ
2
25 If
3h. Total stream and tributary impacts
25 If
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
- Permanent (P)
or Temporary
T
01 ❑P❑T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version

5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
T
Impact # 2B
ElP ® T
Temporary
Road
UT to Little Creek
ElYes
® No
1,230 sq ft
N/A
Impact # 2C
Temporary
UT to Little Creek
El Yes
N/A
850 sq sf
El ® T
Road
® No
6h. Total buffer impacts
1,230 sq ft
850 sq ft
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized. Proposed permanent impacts have been minimize to only those impacts necessary to
construct 6 lots, the construction of Enterprise Drive.
Permanent wetland impacts have been minimized to only those necessary for the construction of Enterprise Drive and Lots
20-25. Temporary impacts have been minimized to only those necessary to utilize a temporary road to access uplands.
Site design has been dictated by requirements to maintain interconnectivity (as described in the proposed impacts section),
configuration of the boundary of the project area and location of wetlands and streams within the site. The project area
contains a ±6.18 acre wetland (Wetland C) in the eastern portion of the property which greatly limited the developable area
within the project and limited options for site design.
Additionally, the upland area west of Wetland C could not be developed to add additional lots. Specifically, adding lots in this
area would require a dedicated SCM to treat the stormwater runoff for this area. The area necessary for the SCM would
reduce the buildable area for lots to the point that there would not be enough lots to offset the costs associated with the
construction of the additional road and utilities to access this area. Therefore, the upland area west of Wetland C is not a
viable upland alternative for Lots 20-25.
The construction of Enterprise Drive and Lots 20, 21, 22, 23, 24 & 25 will result in 0.47 acres of permanent wetland impact.
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

Specifically, the construction of Enterprise Drive would require 0.17 acres of permanent wetland impact (Impact 1A) if there
were no proposed lots adjacent to it. As previously mentioned, the extension of Enterprise Drive to Summit Street is a
requirement of the Town of Clayton.
The construction of Lots 20, 21, 22, 23, 24 & 25 will result in 0.30 acres of permanent wetland impacts (Impact 1 B) to Wetland
C. Due to the onsite wetlands and configuration of the property, there is a relatively small developable area within the site.
The loss of developable area due to onsite wetlands and interconnectivity requirements, as well as the additional costs of the
construction of the extension of Enterprise Drive, have created additional financial burdens on the project. The proposed 163
townhome lots represent the minimum number of lots needed to offset site development costs (i.e. land purchase price,
infrastructure costs, grading costs, etc) while keeping the selling price of the lots at a price point which the current real estate
market can support. The loss of six lots would increase the per lot construction cost for the remaining lots, pricing the lots
above what the current real estate market will support and potentially rendering the project financially unfeasible. Impacts from
lot construction could not be avoided completely but have been minimized only to the upper area of the wetland. The lower
area of the wetland will be undisturbed allowing the hydrologic connection between Wetland C and downstream waters to
remain intact.
The temporary road to access the eastern upland area for excavation/storage of structural borrow and storage of waste
borrow has been designed to avoid wetlands and to cross UT to Little Creek at a perpendicular angle to minimize stream and
buffer impacts. Once construction activities are complete and access to the upland area is no longer needed, the culvert will
be removed and the disturbed portion of the stream will be restored to natural contours. The disturbed stream banks will be
temporarily stabilized with biodegradable curled wood matting and seeded until natural recruitment re-vegetates the stream
banks with native vegetation. Additionally, the vegetation within the riparian buffer will be replanted.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent wetlands and waters
during construction. During construction, all equipment will access construction areas from high ground.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent wetlands and waters
during construction. During construction, all equipment will access construction areas from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: RES
3b. Credits Purchased (attach receipt and letter)
Type Riparian
Wetland
Quantity 0.94 acres
3c. Comments:
Stream Miti.a tion
The proposed impacts are temporary; therefore, stream mitigation is not required.
Wetland Miti ag tion
The applicant proposes to mitigate for the 0.47 acres of permanent wetland impacts through the purchase of offsite
mitigation credits at a 2:1 ratio, resulting in the purchase of 0.94 acres of riparian wetland mitigation. WR checked with
private mitigation banks servicing the Neuse 03020201 basin, and the needed wetland mitigation is available from
Wildlands Engineering and RES. The applicant will provide 0.94 acres of riparian wetland mitigation through the
purchase of credits from RES. A copy of the Statement of Availability has been provided as an Appendix.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a.
Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g.
If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h.
Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The development will be mitigated with two Stormwater Control
❑ Yes ® No
Measures (SCM) in series, including a dry pond (SCM #1) and a 10' level spreader
with a vegetated filter strip (SCM #2). The SCMs have been designed for 90% TSS
and TN removal, and therefore diffuse flow is not required.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
35%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The development will increase impervious area to roughly 35% of the site set by the Special
Use Permit #2017 -145 -SUP. The
stormwater
management plan consists of two Stormwater Control Measures (SCM) in series,
including a dry pond (SCM #1)
and a 10' level spreader with a vegetated filter strip (SCM #2). The SCMs have been designed
for 90% TSS and TN removal,
and therefore diffuse flow is not required. The Stormwater Management Plan will be review and approved by the Town of
Clayton and Johnston County as the certified municipalities.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Clayton and Johnston
County
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated from the proposed project will tie into existing sanitary sewer manholes and treated at a Town of
Clayton WWTP.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species
® Yes ❑ No
or habitat?
5b. Have you checked with the USFWS concerning Endangered Species
❑ Yes ® No
Act impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home, as well as
NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project.
The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species
or critical habitat on the subject property or within 1.0 miles of the project. A copy of the NCNHP project review letter is
included with this submittal.
The USFWS data review for Johnston County identified one species, Michaux's sumac, listed as Endangered, which may
have potential habitat on the project site. A field survey was conducted on 10/24/2017 to identify potential habitat or
occurrence of Michaux's sumac. Results of the survey verified no presence of Michaux's sumac on the site. The field
survey also determined no potential habitat for any other federally protected species know to occur in Johnston County.
Therefore, the prosed project will have No Effect on federally protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish
❑ Yes ® No
habitat?
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters classified as EFH in Johnston County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant
in North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
Lyle Phillips—WithersRavenel
5/8/18
Authorized Agent
Applicant/Agent's Signature
Date
Applicant/Agent's Printed Name
's si nature is valid only if an authorization letter from the applicant is provided.
(Agent's
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

■■ WithersRavenel
lipp Our People. Your Success.
AGENT AUTHORIZATION

r0 WithersRavenel
.. Our People. Your Success.
AUTHORITY FOR APPOINTMENT QFA_G_ENT
The undersigned contract purchaser, Forsyth Investments Co., LLC (Client) does hereby
appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, local
municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite
jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and
submittal of appropriate environmental permit applications/requests for the ±42.56 acre
ra ert Johnston Count PIN#: 05026073 Located north of US -70 Business between
Shotwell Road and S. Moore Street in Clayton, NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date: �C� 31 i 201']
Signature of Client:
GO�vJ
r, (K-J1n - Pri C
1 (Signature)
4� Cis" c::: ,
Mailing Address
City State Zip
AFX
Phone: of � S— (V O� S
Email: Gp-{Z�07•�� �vL_Sv'J���P�t(.., c�
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832
Cary I Greensboro Pittsboro I Raleigh I Wilmington

::WithersRavenel
Our People. Your Success.
USGS QUADRANGLE

FOREST a
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Engineers I Planners I Surveyors WithersRavenet
CLAYTONJOHNSTON COUNTY NORTH CAROLINA

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Engineers I Planners I Surveyors
CLAYTON JOHNSTON COUNTY NORTH CAROLINA

::WithersRavenel
Our People. Your Success.
JOHNSTON COUNTY
SOI L SU RVEY

Fm
0:j
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GRAPHIC SCALE
0 150 300
1 inch = 300 ft.
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CAPPS TRACT TOWNHOME SITE JOHNSTON CO. SOIL SURVEY (1994)�� WithersRavenet
SHEET 1 I � Engineers I Planners I Surveyors
CLAYTON OHNSTON COUNTY NORTH CAROLINA

::WithersRavenel
Our People. Your Success.
NCDWR BUFFER DETERMINATION LETTER
NBRRO #17-387

Water Resources
ENVIRONMENTAL QUALITY
November 17, 2017
Forsyth Investments Co. LLC
414 Forsyth Street
Raleigh, NC 27609
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Buffer Determination Letter
NBRRO #17-387
Johnston County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B.0233)
Start@
El Tar -Pamlico (15A NCAC 2B .0259)
El Intermittent/Perennial Determination (where local buffer
USGS
To o
ordinances apply)
❑ Jordan (15A NCAC 2B.0267)
(governmental and/or interjurisdictional
Throughout propertyX
projects)
Project Name: Capps Tract Townhomes
Address/Location: US -70 Business between Shotwell Road and S. Moore Street
Stream(s): Neuse River
Determination Date: November 15, 2017 Staff: Gary Kreiser
Stream
E/I/P*
Not
Subject
Subject
Start@
Stop@
Soil
Survey
USGS
To o
A
X
Throughout propertyX
B
X
35.660518,-78.476509
Off
property
X
X
Pond 1
X
Pond has been drained
X
X
Pond 2
X
Pond not present
X
X
*E111P = Ephemeral/Intermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject' has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but maybe considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal,ncdenr.org/web/wq/ops
1628 Mail Service Ccnter, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Capps Tract Townhomes
Johnston County
November 17, 2017
Page 2 of 2
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 2 7699-1617. Ifsending via
delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street; Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty
(60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Ralejgh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding ermin o ; please feel free to contact Gary Kreiser at [phone].
i
Sin rely
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: Lyle Phillips, WithersRavenel (electronic copy) 1phillins awithersrav_enel.com
RRO DWR File Copy

17-387 Capps Tract Townhomes
tream B: Subject
R
4
NkB
fat"TIM
,,iy' mn^feo
N d •M �
Site boundary:-
.
MM V
Stream A: Subject
Pond 1: Not Subject, Pond has
been drained
Pond 2: Not Subject,
Not Present
fi
Map provided by NCDEQ
Division of Water Resources
:: Locations are approximate
and are provided for ref-
erence only ::
0

17-387 Capps Tract Townhomes
Stream B: Subject
Arc "I it
Stream A: Subject,
i.Not Depicted
G
I to Map provided by NCDEQ
Legend:
Division of Water Resources
WW
Locations are approximate
-Approximate Site boundary: and are provided for ref-
,.� erence only

::WithersRavenel
Our People. Your Success.
NCNHP PROJECT REVIEW LETTER

North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper Secretary Susi H. Hamilton
April 25, 2018
Lyle Phillips
WithersRavenel
115 MacKenan Drive
Cary, NC 27511
RE: Capps Tract Townhome Site; 02170163.00
Dear Lyle Phillips:
NCNHDE-5896
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, or conservation/managed areas within the proposed project boundary. These
results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists and is
included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the
project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund
(CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at rod ney.butlerng ncdcr.gov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Tele hone: [919', 7D7-8107 LOCA.TICN
16`1 MaiI Ser,rice Center �n�rr&ncnh2.org 121 VVest hones S-reat
Ralaigh, NC 27899-1881 Ralaigh, NC 27603

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Capps Tract Townhome Site
Project No. 02170163.00
April 25, 2018
NCNHDE-5896
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database
does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The
use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare
species are found, the NCNHP would appreciate receiving this information so that we may update our database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name Owner Owner Type
Central Crops Research Station NC Department of Agriculture, Research State
Stations Division
Johnston County Open Space Johnston County: multiple local government Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural
Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 25, 2018; source: NCNHP, Q2 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Capps Tract Townhome Site
Project No. 02170163.00
April 25, 2018
NCNHDE-5896
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Dragonfly or 33753 Somatochlora georgiana Coppery Emerald 2004 -Pre H? 5 -Very --- Significantly G3G4 S2?
Damselfly Low Rare
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
Central Crops Research Station NC Department of Agriculture, Research State
Stations Division
Johnston County Open Space Johnston County: multiple local government Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 25, 2018; source: NCNHP, Q2 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

edann Wap
0 • �%Ywon In
P p
Rd
N
W+E
S
NCNHDE-5896: Capps Tract Tawnhame Site
April 25, 2018
❑ Project Boundary
❑ Buffered Project Boundary
C� Managed Area (MAREA)
fA.11rnr fGl
l.fffe GreN
Page 4 of 4
1:24,770
0 az 0-4 0.8 mi
0 0.325 0.65 1.3 km
Sources: Esri, HERE, Garvin, Inlen—P, in—nl P Corp., GEWO, USGS,
FAO,NP5, NRCAN, GeaSase. IGN, Kad.M NL, Om:F— a Survey, Esri .,Japan.
METI_ Esri China IHwq Kprgj. 5 ,5510pp. ® apenSlmelMap rpnUibvinr , and
the GIS user Conmunity

::WithersRavenel
Our People. Your Success.
USFWS LIST
JOHNSTON COUNTY

Johnston County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Endangered Species, Threatened Species,Federal Species of Concern, and
Candidate Species,
Johnston County, North Carolina
Updated: 04-04-2018
Common Name Scientific name Federal Record Status
Status
Vertebrate:
Bald eagleHaliaeetus
leucocephalus
BGPA
Current
Carolina madtom
Noturus furiosus
ARS
Current
Neuse River waterdog Range
Necturus lewisi
ARS
Current
basin
Red -cockaded woodpecker
Picoides borealis
E
Current
Invertebrate:
Atlantic pigtoe
Fusconaia masoni
ARS
Current
Dwarf wedgemussel Range by basin
Alasmidonta heterodon
E
Current
Green floater
Lasmigona subviridis
ARS
Current
Tar River spinymussel Range by
Parvaspina steinstansana
E
Current
basin
Yellow lance Range by basin
Elliptio lanceolata
T
Current
Vascular Plant:
Bog spicebush
Lindera subcoriacea
ARS
Current
Carolina bogmint
Macbridea caroliniana
ARS
Current
Michaux's sumac
Rhus michauxii
E
Historic
Nonvascular Plant:
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing.
(Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
https://www.fws.gov/raleigh/species/cntylist/johnston.html[4/25/2018 4:02:32 PM]

Johnston County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
ARS = At Risk S en cies
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In
North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal
Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under
consideration for listing or for which there is insufficient information to support listing at this time. Subsumed under the
term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic
plans, State Wildlife Action Plans, or Natural Heritage Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with
another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened
and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for
consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed)
from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting,
the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald
eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes
"disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land
managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit
http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York
south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed
as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and
international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on
land management activities by private landowners in North Carolina, part of the southern population of the species. In
addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog
turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in
adjacent counties), the presence of potentially suitable habitat, or both.
https://www.fws.gov/raleigh/species/cntylist/johnston.html[4/25/2018 4:02:32 PM]

::WithersRavenel
Our People. Your Success.
WETLAND MITIGATION CREDITS
STATEMENT OF AVAILABILITY

fires
EBX-Neuse I, LLC Stream and Wetland Banks
Statement of Availability April 27, 2018
U.S. Army Corps of Engineers
Roscoe Sullivan
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Capps Tract Townhome Site
This document confirms that Forsyth Investments Co., LLC. (Applicant) for the Capps Tract
Townhome Site (Project) has expressed an interest to utilize 0.94 Riparian Wetland Mitigation Credits
from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically from
the Howell Woods Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC,
attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1075.
Best Regards,
()�FTA'w'
Caitlan B. Parker
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605

::WithersRavenel
Our People. Your Success.
IMPACT EXHIBITS

NOTES:
1. WETLAND AND STREAM DETERMINATION SHOWN ARE BASED ON THE PRELIMINARY SITE
INVESTIGATION BY WITHERSRAVENEL, INC. BOUNDARIES SHOWN ARE BASED ON GPS
DATA COLLECTED DURING PRELIMINARY INVESTIGATION. BOUNDARIES SHOWN ARE
SUBJECT TO REVISION PENDING JURISDICTIONAL DETERMINATION.
2. PROPOSED SITE LAYOUT AND INFRASTRUCTURE SHOWN ARE BASED ON APPROVED SITE
PLAN DRAWINGS BY WITHERSRAVENEL, INC FOR CAPPS TRACT (TOWN OF CLAYTON
PROJECT #2017-146—SD).
gner �caie
WAR tmoo
vn By Date
CAPPS TRACT TOWNHOME SITE
BKE oo2i2o16 CLAYTON N C
ked By Jobb No.
BDH 02170163
OVERALL SITE PLAN AND IMPACT LOCATION MAP /
/
\ IMPACT #1
/ (ROAD & LOT FILL)
\ / PERMANENT IMPACT
\ SEE SHEET 1-2
/
NCr \ \
�STR ffTt l
YN STR U
SEE SHEET 1-4 FOR LOT
GRADING EXHIBIT /
(NO IMPACT)
OWNHOUE IMPACT #2
• •1
PROJECT SITE I; :: ; ;`� TEMPORARY IMPACT
ZONED R-10 (RESIDENTIAL) ' " • : ' •, SEE SHEET I-3
1 J L
I • \ �syo�
\ \4� FUTURE
COMMERCIAL
I DEVELOPMENT
ZONED 3-3 (COMMERCIAL)
I T
HWY 70 BUSINESS
OVERALL SITE PLAN &
IMPACT LOCATION MAP
— FUTURE ALIGNMENT
TO ATKINSON ST.
ATK�NSO S�
I
rte,
GRAPHIC SCALE
400 0 200 400 800
1 inch = 400 ft.
WithersRavenet Sheet No.
1/ Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 license #: C-0832 I www.withersravenel.com
Total Project Stream & Wetland Impact Summary
Permanent
Temporary
Impact
ID #
Type
Stream
Cause (LF)
Stream Wetland NRB Zone NRB Zone
(SQ FT) (AC) 1 (SF) 2(SF)
Stream
(LF)
Stream
(SQ FT)
Wetland NRB Zone
(AC) 1 (SF)
NRB Zone
2 (SF)
1A
Wetland
Road Fill -
0.17 -
-
113
Wetland
Lot Fill -
- 0.30 - -
-
-
-
2A
Stream
Temp. Road -
- - - -
25
100
-
213 1
NRB Zone 11
Temp. Road -
- - - -
-
-
1230
-
2C 1
NRB Zone 21
Temp. Road -
- - - -
-
-
- -
850
Total
0
0 0.47 1 0 0
25
100
0 1230
850
gner �caie
WAR tmoo
vn By Date
CAPPS TRACT TOWNHOME SITE
BKE oo2i2o16 CLAYTON N C
ked By Jobb No.
BDH 02170163
OVERALL SITE PLAN AND IMPACT LOCATION MAP /
/
\ IMPACT #1
/ (ROAD & LOT FILL)
\ / PERMANENT IMPACT
\ SEE SHEET 1-2
/
NCr \ \
�STR ffTt l
YN STR U
SEE SHEET 1-4 FOR LOT
GRADING EXHIBIT /
(NO IMPACT)
OWNHOUE IMPACT #2
• •1
PROJECT SITE I; :: ; ;`� TEMPORARY IMPACT
ZONED R-10 (RESIDENTIAL) ' " • : ' •, SEE SHEET I-3
1 J L
I • \ �syo�
\ \4� FUTURE
COMMERCIAL
I DEVELOPMENT
ZONED 3-3 (COMMERCIAL)
I T
HWY 70 BUSINESS
OVERALL SITE PLAN &
IMPACT LOCATION MAP
— FUTURE ALIGNMENT
TO ATKINSON ST.
ATK�NSO S�
I
rte,
GRAPHIC SCALE
400 0 200 400 800
1 inch = 400 ft.
WithersRavenet Sheet No.
1/ Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 license #: C-0832 I www.withersravenel.com

1 I
\ \ \ \ \ I WETLAND IMPACT #1A
\ \ \ \ \I PERMANENT
IN \ \ 7,227 SQ. FT. (0.17 AC)
(ROAD FILL)
ENTERPRISE DR \ \ 1
I \ \ (PROPOSED) \ \ \ 9
gig-ML-EW M
0 I I \
DASHED TEN O DA L GHT GRADIS
NG
FOR ROADWAY CONSTRUCTION \ \
\ \
R�p0SfO 1g I I
\ C��veRr 1 I \
EXISTING I WETLAND IMPACT #1 B
WETLAND i PERMANENT
RIP-RAP \ r� I 113,192 SQ. FT. (0.30 AC)
DISSIPATER 1 / I (LOT FILL)oo
\ \ I
IMPACT LEGEND: GRAPHIC SCALE
W® 40 0 20 40 80
WETLAND AREA:
IMPACT AREA #1 PLAN VIEW
STREAM AREA: 1 inch = 40 ft.
No. Revision Date By Designer Scale
w&R 'CAPPS TRACT TOWN SITE IMPACT AREA #1 �� �� Sheet No.
Drawn By Date
BKE 05/02/2018 NOEngineers I Planners I Surveyors
Checked By Job No. CLAYTON, NC DETAILED IMPACT EXHIBIT 115 MacKenan Drive I Cary, NC 27511 I —2
BDH 02170163 t: 919.469.3340 1 license #: C-0832 I www.withersravenel.com

/i/^ \ \ \ \ I I I NOTES:
1. TEMPORARY CULVERT WILL BE REMOVED AND
THE TO
ON 0 RS,MANDAWILLLBEESTORED STAABILIIZED WITH NATURAL
STREAM IMPACT #2A I I I I CURLED WOOD MATTING.
TEMPORARY ` \ \ \ \ I I / 2. THE VEGETATION WITHIN THE TEMPORARY ROAD
ALIGNMENT WILL E25 LF (100 SQ. FT.) WITHIN SIX MONTHS OFSCOMMDENCEM NREPLAT�OF
(TEMP. ROAD) \ \ \ \ / / I
CONSTRUCTION OF THE ROAD.
I / ZONE 2 BUFFER IMPACT #2C
TEMPORARY / j �� — \ TEMP. CONSTR. ACCESS \ 1 I I I I
850 S.F. / III ROAD I I I I
/ III III I I (TEMP. ROAD)
BOR1OWtASTE ARA I I
/ 11 IIII -qI�// / ///ii/ i�
I
/i
PROP. 20 LF TEMP. 36"
HPDE CULVERT I /I, \ ��/I I I \ ZONE 1 BUFFER IMPACT #213
TEMPORARY \ \ I I I I I I I I
((TEMP. )
o\\I Z \ ROAD m
/
Ir__
IMPACT LEGEND:
STREAM AREA:
NRB ZONE 1:
\ \ DIY PQNDIBMP I I I I I I 1 I \ I I \� \ \ / / �I I NRB ZONE 2:
\ I � I I I , ► I ► I� � / J� ►III \ �\ � \ , �"
I � I I I ► ► / / I ► 1� � 1 /I I �� \ � ► I � I
I I /
J I I I I FES 3001' � I/ ..\\ \ I I � I I I � + GRAPHIC SCALE
40 0 20 40 80
,o 11 1, � I I 1 inch= 40 Ft.
No. Revision Date By
Designer Scale
w&R '
Drawn By Date
BIKE 05/02/2018Engineers
CAPPS TRACT TOWN SITE
CLAYTON, NC
IMPACT AREA #2
DETAILED IMPACT EXHIBITlip
/ blithe rs R a ve n el
I Planners I Surveyors
115MacKenanDrive lCary, NC27511
t: 919.469.3340 1 license #: C-0832 I www.withersravenel.com
Sheet No.
I-3
CbecledBy Job No.
BDH 02170163

— .— — \� \ T,\___� l \ y\ \ GRAPHIC SCALE
40 0 20 40 80
1 inch = 40 ft.
\97 98 99
10fl \ \ \ \
95
103
_ \104
`1,08
40-9
O
r 112 \ — \` \
\\N,NN
No. Revision Date By
Designer seae
MR 'a
Drawn By Date
BKE 05/02/2018Engineers
CAPPS TRACT TOWN SITE
CLAYTON, NC
LOTS 95-1 15
LOT GRADING EXHIBIT
\/ W i t h e rs R a ve n e l
I Planners I Surveyors
lip
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 license #: C-0832 I www.withersravenel.com
Sheet No.
I-4
Checked By Job No.
BDH 02170163