HomeMy WebLinkAbout20190297 Ver 2_PCN Form Submission_20190712DR
M*1M of wiser R"O.rc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190297
2
Is a payment required for this project?*
!' No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200 Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
Barrington Subdivision
1a. Who is the Primary Contact?*
Bob Zarzecki (S&EC, PA)
1 b. Primary Contact Email:*
bzarzecki@sandec.com
Date Submitted
7/12/2019
Nearest Body of Water
Beaverdam Creek (Stream Index No. 27-86-2-3)
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
35.8373
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
Longitude:
-78.2905
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
(919)846-5900
1c. Has the NWP or GP number been verified by the Corps?
r Yes r- No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
P Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Barrington Subdivision Phase 1 DMS revised Acceptance.pdf
1h. Is the project located in any of NC's twenty coastal counties?
C Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
264 Investments, LLC or assigns
2b. Deed book and page no.:
Book 016478 Page 01190
2c. Responsible party:
Michael E. Jordan
2d. Address
Street Address
933 Old Knight Road
Address Line 2
City
State/ Province/ Region
Knightdale
NC
Fbstal / Zip Code
Country
27545-9065
USA
2e. Telephone Number: 2f. Fax Number:
(919)422-3933
2g. Email Address:*
mike.jordan@jvmgmt.net
C. Project Information and Prior Project History
1. Project Information
79.68KB
O Yes r No
O Yes r No
1b. Subdivision name:
(if appropriate)
Barrington Subdivision
1c. Nearest municipality/ town:
Zebulon, NC
2. Project Identification
2a. Property Identification Number:
2716005664,2706819852,2705899809
2c. Project Address
Street Address
Old Bunn Road
Address Line 2
City
Zebulon
F stal / Zip Code
27597
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Beaverdam Creek (Stream Index No. 27-86-2-3)
3b. Water Resources Classification of nearest receiving water:*
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12 -digit HUC in which the project is located.
030202030101vvvvv
4. Project Description and History
2b. Property size:
210
State/ Rovince / Ibgion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions on the site consist of agricultural fields and forested land. A pond fed perennial stream flows offsite, back onsite, and into Beaverdam Creek, which flows along the
northeast property boundary. Headwater wetlands occur with ponds throughout the property, and bottomland forest wetlands are adjacent to Beaverdam Creek. Land use in the vicinity
of the project primarily consists of agricultural and forested land, with some commercial businesses, and a convergence of two U.S. highways.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
The DWR issued approval to use GC4139 and a Neuse Buffer Authorization Certificate on April 16, 2019 (DWR#19-0297.V1).
The USACE issued an Incomplete Application notice on April 3, 2019 (SAW -2018-00421).
The applicant responded to this notice in an email on May 10, 2019 and later met with Mr. James Lastinger of the USACE on May 16, 2019. Since then the applicant has revised plans,
completed preliminary plans for the remaining phases of the development, and submitted these plans to the USACE and DWR for cursory review in emails dated June 12 & 17, 2019.
Guidance was provided from the USACE & DWR to resubmit these new plans, and the DWR would provide an updated approval letter that will replace the one issued on April 16, 2019.
Project History Upload
19-0297 401 and Buffer Approval - Barrington.pdf
5.5MB
Barrington_USACE Incomplete Application_4-3-19.pdf
179.51 KB
RESPONSE TO USACE 5-10-2019.pdf
5.52MB
Barrington Emails with USACE & DWR.pdf
108.06KB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Barrington_USGS.pdf 849.91 KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Barrington -Soil Survey.pdf 2.03MB
4f. list the total estimated acreage of all existing wetlands on the property:
19.46
4g. List the total estimated linear feet of all existing streams on the property:
2,804
4h. Explain the purpose of the proposed project:*
To construct a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project includes the construction of the entirety of the residential development as depicted on the attached plans. Please note that plans have been modified from the
"Illustrative Land Plan" master plan previously provided. These modifications were made to minimize and avoid impacts to jurisdictional wetlands, streams, ponds and Neuse Buffers.
The 1st phase will still include the main entrance into the development, round about, single family lots, townhome lots, and stormwater management ponds. The final buildout of future
phases may not be exactly as depicted on the plans as these will be developed based on market demands (e.g., some phases shown as townhomes may change to single family if the
market is greater for single family). However, the proposed impacts to WoTUS and buffers should not change. Of course, any proposed changes to the impact areas will be provided to
the USACE and DWR for concurrence. Typical heavy equipment used for the construction of residential subdivisions will be used such as excavators and bull dozers.
4j. Please upload project drawings for the proposed project.
2019-06-27 Combined Wetland Impact Maps.pdf 4.29MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
(-- Yes r No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
c Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW -2018-00421
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): James Lastinger / Steven Ball
Agency/Consultant Company: USACE/S&EC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Site verification was completed by James Lastinger of the USACE, and a PJD was issued on June 26, 2018 (SAW -2018-00421).
Neuse River buffer determination was completed by Rick Trone of NCDWR on January 12, 2018 (RRO#17-440).
MI. Jurisdictional determination upload
Barrington_PJD.pdf 7.77MB
Barrington—DWR Buffer Determination.pdf 857.04KB
6. Future Project Plans
6a. Is this a phased project?*
C Yes 0 No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
The entirety of the project is depicted on the attached plans.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
17 Wetlands W Streams -tributaries P Buffers
m Open Waters ❑ Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * M
2c. Type of W. *
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
1 (lots)
Subdivision Lot(s)
P
Headwater Forest
W15
Yes
Both
0.213
(acro;)
1 road
( )
Road
P
Headwater Forest
W15
Yes
Both —]
0.037
(aura,)
Storm Pipe
P
Headwater Forest
W14
Yes
Both
0.004
(acres)
Subdivision Lot(s)
P
Headwater Forest
W13
Yes
Both
0.023
(acres)
Storm Pipe
P
Headwater Forest
W13
Yes
Both
0.005
(acres)
5
Sanitary Sewer Xing
P
Headwater Forest
W11
Yes
Both
0.012
(acres)
2g. Total Temporary Wetland Impact
0.290
2g. Total Wetland Impact
0.767
2g. Total Permanent Wetland Impact
0.477
2h. Comments:
Of the 0.477 acres of permanent wetland impact, only 0.329 acres would result in permanent "loss" of wetlands. The remaining will are listed a
permanent wetland impact as they would convert a forested wetland to a herbaceous wetland within the permanently maintained easements.
3. Stream Impacts
❑
gt
Sanitary Sewer Xing
T
Headwater Forest
W11
Yes
Both
0.023
3h. Impact
length*
24
(li ear feet)
Sanitary Sewer Xing
P
Headwater Forest
W7
Yes
Both
0.010
6
Sanitary Sewer Xing
T
Headwater Forest
W7
Yes
Both
0.019
7
Sanitary Sewer Xing
P
Headwater Forest
W4
Yes
Both
0.011
7
Sanitary Sewer Xing
T
Headwater Forest
W4
Yes
Both
0.026
(acre)
Road
P
Headwater Forest
W16 (G)
Yes
Both
0.013
(acres)
Road
P
Headwater Forest
W16
Yes
Both
0.039
(acres)
11
Sanitary Sewer Xing
P
Headwater Forest
W16
Yes
Both
0.014
(acres)
11
Sanitary Sewer Xing
T
Headwater Forest
W16
Yes
Both
0.030
(acres)
12
Saniatry Sewer Xing
P
Headwater Forest
W16
Yes
Both
0.096
(acres)
12
Sanitary Sewer Xing
T
Headwater Forest
W16
Yes
Both
0.192
(acres)
2g. Total Temporary Wetland Impact
0.290
2g. Total Wetland Impact
0.767
2g. Total Permanent Wetland Impact
0.477
2h. Comments:
Of the 0.477 acres of permanent wetland impact, only 0.329 acres would result in permanent "loss" of wetlands. The remaining will are listed a
permanent wetland impact as they would convert a forested wetland to a herbaceous wetland within the permanently maintained easements.
3. Stream Impacts
❑
gt
t (?)
3a. Reason for impac3e.
Impact 7 -Sanitary Sewer X
Ing
3b.lmpact type *
Temporary
3c. Type of impact*
Other
3d. S. name*
(Stream A) Ur to Beaverdam
Creek
Stream Type *
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width *
4
Average (fee)
3h. Impact
length*
24
(li ear feet)
32
Impact 7 -Sanitary Sewer X
ing
[erm7anetRip
Rap Fill
(Stream A) Ur totfff
Creek
::]
Both
4
Avera 7e (feet)
12
(In�rfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
12
3i. Total stream and ditch impacts:
36
3i. Total temporary stream impacts:
24
3j. Comments:
The City of Raleigh is requireing a 12 LF riprap section to provide safe access across the stream for maintenance purposes. The riprap will be placed
will not e)dend above the ebsting streambed elevation and will provide aquatic life passage and therefore should be considered a permanent impact,
but not a loss of waters. The remaing 24 LF of temporary impact will be restored to the original contours.
4. Open Water Impacts
4a. Site # 4al. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
1 (road)
Road
P
(Pond 3) UT to Beaverdam Creek
Fill
Pond
0.01
Storm Pipe
P
(Pond 4) UT to Beaverdam Creek
Fill
Pond
0.01
10
Road
P
(Pond 5) UT to BeaverdamCreek
Fill
Pond
0.06
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.08
4g. Total permanent open water impacts:
0.08
4h. Comments:
1 (road) impact area was rounded up from 0.009 acres (as labeled on the permit drawings) to 0.01 acres.
2 impact was rounded up from 0.005 acres (as labeled on the permit drawings) to 0.01 acres.
3 impact was rounded up from 0.058 acres (as labeled on the permit drawings) to 0.06 acres.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
V Neuse r Tar -Pamlico
F Catawba r Randleman
F Goose Creek r Jordan Lake
F- Other
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
Impact 7 -Sanitary Sewer X-ing
E-A
(Stream A) UT to Beaverdam
Creek
T
ff
2,310
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 2,260.00 2,310.00
Zone 1 Zone 2
Total combined buffer impacts: 2,260.00 2,310.00
6i. Comments:
Note the larger area of Zone 2 is the result of a tie in sewer line within Zone 2 only which was lumped into this impact. Impacts are listed as permanent
as the easement will be maintained as required by the City of Raleigh (provider of sewer services to the Town of Zebulon).
Supporting Documentation
2019-06-27 Combined Wetland Impact Maps.pdf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4.29MB
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The developmer hired S&EC, PA to complete and verify all jurisdictional WOTUS and riparian buffers on the property. Site plans were development
which maArnized the protection of these areas in open space ("OS' on the attached plans). Plans for the entire development were further refined to
minimize and avoid impacts. This development is now only requesting 0.329 acres of wetland loss of the total approbmately 19+ acres of wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sediment and erosion control / land disturbance permit will be obtained for the development to include measures such as silt fencing and
sedimentcontrol basins to protect WOTUS during construction. A stormwater management plan will be approved for the development to protect
WOTUS postconstruction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
6 Yes r No
2c. If yes, mitigation is required by (check all that apply):
F- DWR R Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank R Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
F Yes r No
4b. Stream mitigation requested:
(N,ear feet)
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acrea)
0.897
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Mitigation is proposed at a 2:1 ratio of all 0.329 acres permanent wetland loss and a 1:1 ratio for all 0.239 acres permanent wetland conversion from
forested to herbaceous within the maintained sewer easements.
There are no private mitigation banks that have wetland mitigation available in 03020203.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r' No
What type of SCM are you providing?
F Level Spreader
F_ Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
17 Other SCM that removes minimum 30% nitrogen
[ Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
P Local Government r State
Local Government Stormwater Programs
P Phase II W NSW ❑ USMP r Water Supply
Please identify which local government stormwater program you are using.
Zebulon
Comments:
The overall impervious coverage for the first phase of development is 39%. Stormwater Control Measures (SCM) #1.1 (wet pond), #2.1 (wet pond), #3.1 (wet pond), & #4.1 (wet pond)
will all be constructed as part of this first phase of the deverlopment. Similiar devices will be reviewed and approved for future phases, but plans have not yet been finalized. However,
areas have been set aside for SCMs.
G. Supplementary Information '=1'
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r- Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
r Yes r No
3b. If you answered "no," provide a short narrative description.
The project is a residential subdivision. Projects such as this are not typically considered to result in additional development or cumulative impacts to
WOTUS or water quality. Any potential additional development resulting from this development woudl be local and subject to similiar Federal, State
and Local regulations (e.g. wetland protection, Neuse riparian buffers, and stormwater management).
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater from the site will be discharged to the newly constructed City of Raleigh sewer lines along Beaverdam Creek and the City's sanitary sewer
collection system and wastewater treatement plant. The City of Raleigh, Town of Zebulon and DWR will ensure that adequate capacity epsts.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NHP Data E)plorer & FWS websites
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper website - The project is located in the piedmont of NC far from any EFH areas.
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service was referenced on January 4, 2019. No historic listings, study list entries, or
determined eligible listings were identified within the property boundaries. The "Bennett Bunn Plantation" (HPO Site ID WA0190), listed on the National
Register of Historic Places, ebsts adjacent to the eastern boundary of this project. No direct impact to the plantation property is proposed or
anticipated. The plantation house is located on the far eastern side of historic property, apprommately 0.25 miles from this project. The owners,
Thomas and Jill Hendrickson, were involved during the rezoning process of this property to a Special Use District (SUD) by the Town of Zebulon. The
deverloper agreed to preserving additional open space ("OS') buffers along the property line to help screen this development from the plantation
property. These can be seen on the attached 'Illustrative Land Plan" master plan. As such, the applicant believes that adequate measures have been
taken to preserve the historic integrity of the plantation.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
The NC Floodplain Mapping Program's INC Flood Risk Information System. FEMA floodplain exists along Beaverdam Creek and the northern property
boundary, but no impacts to the floodplain area are proposed.
Miscellaneous u
Comments
Miscellaneous attachments not previously requested.
Signature
rJ By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Bob Zarzecki
Signature
Date
7/12/2019
Soil & Environmental Consultants, PA
8412 Frills of Neuse Rond, Suii.e 104, Raleigh, NC 27615 • Phone: ()i9) 846-5900 • Fax: ()1 9) 846-9407
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Bunn Farms Inc. Properties S&EC Project #12597
Date: 2017-2018
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Tasha Alexander Field Office: USACE Raleigh Regulatory Field Office
1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) 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. This document also authorizes S&EC (as my agent) to act on my
behalf and take all actions necessary for the processing, issuance and acceptance of a permit or
certification and any and all associated standard and special conditions.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 S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Address: "BUNN FARMS", Old Bunn Road & Parks Village Road, Zebulon, Wake Co., NC
PIN No.: 2716005664,2706819852,& 2705899809
L at'Long: 35.8373/-078.2905
Watershed: Beaverdam Creek, Neuse River Basin (27-86-2-3; "C;NSW ')
PROPERTY OWNER INFORMATION:
Name: 264 Investments, LLC or assigns
Address: 933 Old Knight Rd., Knightdale, NC 27545-9065
Phone No.: ( ) Fax No.: ( ) Mobile No.: ( 919 )422-3933
Email: imike.jordan@jvmgmt.net
264 Investments, LLC By: JV .Management, LLC Manager
Property Olner (please
Property Owner Signature
11/27/2017
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
1
Bob Zarzecki
From:Bob Zarzecki
Sent:Friday, May 10, 2019 11:26 AM
To:'Lastinger, James C CIV USARMY CESAW (US)'
Subject:RE: Barrington subdivision, SAW-2018-00421, incomplete notice
Attachments:Barrington_USACE Incomplete Application_4-3-19.pdf; BarringtonWetlandsImpactJustification.pdf;
Barrington2019-05-01 Wetland Impacts Revisions.pdf; BarringtonWetland Exhibit.pdf
Importance:High
James:
Please consider this email and attachments the response to and additional information requested in your attached
incomplete notice letter dated April 3, 2019.
1. Additional wetlands impact justification from the project engineer.
2. Revised Impact Maps that separate Impact 1 / Sheet 3 into Road and Lot impacts (all requested under
NWP29) to better understand the difference in impacts (lots 0.213 acres, road 0.037 acres).
3. An overall concept plan showing future lots, streets, scm’s, and wetlands. We are not asking for approval of
this overall master plan as it’s very much conceptual in nature. It reflects efforts already made to avoid and
minimize future wetland impacts. Any potential future impacts shown beyond those requested (Phase 1
project area) would most likely not be needed until after the expiration of the current Nationwide Permits
or otherwise may be avoided in the future through additional design changes and coordination with the
Town and DOT, as such they have not been requested at this time. The applicant is aware that any
additional impacts would require USACE/DWR approval, most likely mitigation and subject to NWP/IP
thresholds.
We also attached the DWR approval letter dated 4/16/19.
Please review and let me know if you have any additional questions or require additional justification. If so, then I’d
suggest a meeting with the applicant, you and I to discuss in person. We could come down to your office. Just let me
know a few dates and times that work for you.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Tuesday, April 23, 2019 12:25 PM
To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>
Subject: RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice
James:
Looks like DWR approved the project as submitted. See attached approval letter for your files.
2
I have forwarded your letter on to the applicant and their engineer. They're working on providing the information you
requested. I hope to have that back to you before too long.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Wednesday, April 3, 2019 9:40 AM
To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>
Cc: Goss, Stephanie <stephanie.goss@ncdenr.gov>
Subject: RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice
Got it. I'll pass it along and worked towards providing you the requested information as soon as possible.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>
Sent: Wednesday, April 3, 2019 9:33 AM
To: Bob Zarzecki <bzarzecki@sandec.com>
Cc: Goss, Stephanie <stephanie.goss@ncdenr.gov>
Subject: Barrington subdivision, SAW‐2018‐00421, incomplete notice
Bob,
Please see the attached incomplete notice for the above referenced project. A hard copy will not be mailed. Please let
me know if you have any questions or concerns.
James Lastinger
Regulatory Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: (919) 554‐4884, x32
Cell: (919) 428‐0806
Fax: (919) 562‐0421
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00421 County: Wake County U.S.G.S. Quad: Zebulon
INCOMPLETE APPLICATION
Property Owner: 264 Investments, LLC
Mike Jordan
Address: 933 Old Knight Rd.
Knightdale, NC 27545
Agent: Soil & Environmental Consultants, PA
Bob Zarzecki
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Location/Description of Proposed Activity: The project site is approximately 210 acres located adjacent to Old
Bunn Rd., near the town of Zebulon, Wake County, North Carolina. Proposed activities include the
discharge of fill material into 0.347 acre of wetlands and 31 linear feet of stream channel for the construction
of phases 16, 19, 20, 22, and 26 of the Barrington residential subdivision. Latitude 35.8379°N, Longitude -
78.2911°W.
Type of Permit Applied For (check one): IP NWP GP
Applicable law: Section 404 of the Clean Water Act ; Section 10, Rivers and Harbor Act
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
Your application form has not been completed and/or signed (see remarks)
Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
Your application did not include a statement explaining how avoidance and minimization for losses of
waters of the U.S. were achieved on the project site. (see remarks)
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes as required.
You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
Other (see remarks below).
REMARKS:
1. Under conditions of nationwide permit 29 an application/pre-construction notification is considered
complete only if the activity is deemed a single and complete project. For non-linear projects “single
and complete” is defined as the total proposed or accomplished by one owner/developer or partnership,
and must have independent utility. Single and complete non-linear projects may not be “piecemealed”.
Based on the information provided in your PCN, it is clear that there will be future phases to the
Barrington subdivision that may result in further loss to waters of the U.S., therefore these impacts
from future phases must be considered together before we are able to determine the appropriate
Department of the Army permit for the subject property. Please provide more information on all
phases of the project. Project plans should depict the entire project parcel, including all impacts to
jurisdictional features, roadways, utility lines, lot lines, greenway trails etc. Project plans should be
no larger than 11x17.
2. Should impacts to jurisdictional aquatic resources exceed required compensatory mitigation
2
thresholds for the entire Development, a revised compensatory mitigation plan should be included
with you submittal.
3. Your avoidance and minimization justification is insufficient. Please provide a more robust
justification for the need to fill 0.274 acre of wetlands for six lots in a subdivision with over 800 planned
units.
Please submit the above information within 30 days of receipt of this Notification or we will
consider your application withdrawn and close the file. Please call or email
(James.C.Lastinger@usace.army.mil) me if you have any questions.
Date: April 3, 2019
Corps Regulatory Official: James Lastinger Telephone No: (919) 554-4884 ext 32
Corps Regulatory Field Office Address: 8331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587
Copy furnished:
PRIEST, CRAVEN &ASSOCIATES, INC.
LAND USE CONSULTANTS
Date : April 30, 2019
To : Bob Zarzecki
From : Tommy Craven
Re : Barrington Subdivision
First Phase of Development Wetland Impact Statement of Justification
The unusual wetland conditions resulting from earlier agricultural practices are located in the
portion of the site where the first phases of development are to occur.
We do not expect to have significant lot impacts in future portions of the site that are situated
on more typical, rolling, forested terrain. In those areas reasonable and efficient development
patterns can be developed around the natural features.
We have worked diligently to avoid impacts to these agriculturally created wetlands and still
provide appropriate vehicular and pedestrian interconnections and access for the future
residences and emergency services.
It has been our experience that the installation of stormwater drainage piping that routes
runoff from all developed areas to stormwater scros and around small pockets of wetlands such
as the ones we are proposing to impact typically causes the small wetland to dry up within a
couple of years so we do not believe that removing the lot fills will necessarily result in the
preservation of these small wetland areas.
The total area of wetlands is in these initial phases is approximately 2.76 acres. We are asking
to impact approximately 0.27 acres of permanent impacts, less than 10 percent of the area of
wetlands.
Earlier conceptual plans included significantly more units and associated impacts that were
removed prior to submitting for permitting.
The first phases of Barrington include the cost of extending a 12" water line approximately
5,300 feet down Old Bunn Road with three bores to cross US 64; extending approximately
6,000 linear feet of sanitary sewer up through the future phases of the site; installing the entry
road and roundabout; and installing a significant recreational amenity. The front end expense
of these necessary improvements puts an even greater priority of the plan efficiency and the
value generated by the lots in these initial phases.
PLANNERS / LANDSCAPE DESIGNERS / ENGINEERS / SURVEYORS
3803-B Computer Drive, Suite 104, Raleigh NC 27609. Phone 919/ 781-0300. Fax 919/ 782-1288
NCBEES Firm License C - 0448
Bob Zarzecki
April 30, 2019
Page 2
Without the lot impacts proposed in Impact 1, the project has to incur all the costs of
development without the offsetting revenues of five additional lots. Without the lot impacts
proposed for Impact 3, the project loses the offsetting revenues of three additional lots.
While the development may contain over 800 lots, the first 100 are carrying the greatest
financial burden.
We appreciate the Corps consideration of these circumstances in their review of the requested
impacts.
NC.
3803 - B COMPUTER DRIVE, SUITE 104, RALEIGH, N.C. 27609
PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
P &CRIEST,RAVEN SSOCIATES,A I
PHONE 919 / 781-0300 FAX 919 / 782-1288
EMAIL PCA@PRIESTCRAVEN.COM FIRM#: C-0488
264 INVESTMENTS, LLC
933 OLD KNIGHT ROAD, KNIGHTDALE, NORTH CAROLINA 27545
MIKE.JORDAN@JVMGMT.NET
VICINITY MAP N.T.S.
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SITE
BARRINGTON SUBDIVISION
ZEBULON, NORTH CAROLINA
W E T L A N D I M P A C T M A P P I N G F O R A S I N G L E F A M I L Y S U B D I V I S I O N
BARRINGTON SUBDIVISION
PROJECT STATISTICS
PROPERTY DEVELOPER
PROJECT ADDRESS
R-13 SUDEXISTING ZONING
1745 OLD BUNN ROAD, ZEBULON, NC
39.44 ACGROSS PROJECT AREA OF THIS SUBMITTAL:
WAKE COUNTY PIN(S)
7.41 ACAREA IN PUBLIC RIGHT-OF-WAY
11.55 ACAREA IN PRIVATE OPEN SPACE
45TOTAL NUMBER OF LOTS
MINIMUM LOT SIZE FOR SINGLE FAMILY DETACHED
MINIMUM LOT WIDTH
2716-00-5664
WITHIN MOCCASIN CREEK WATERSHEDWATERSHED
1.21 ACAREA IN PUBLIC RIGHT-OF-WAY DEDICATION FOR OLD BUNN ROAD (20')
264 INVESTMENTS, LLC
8398 SIX FORKS ROAD, SUITE 201, RALEIGH, NC 27615
28NUMBER OF TOWNHOUSE WITH GARAGE LOTS
26NUMBER OF PAIRED SINGLE FAMILY LOTS
27NUMBER OF TOWNHOUSE LOTS
2705-89-9809
2706-81-9852
9.41 ACAREA IN LOTS
126NUMBER OF SINGLE FAMILY LOTS
5400 SF
SINGLE FAMILY DETACHED DWELLING
PAIRED SINGLE FAMILY DWELLINGS
TOWNHOMES
45'
22'
16'
PHASES 16, 19, 20, 22, 26, AND THE RECREATION CENTER
GENERAL NOTES:
1.BOUNDARY INFORMATION IS TAKEN FROM A SURVEY BY PRIEST, CRAVEN & ASSOCIATES,
INC.
2.SITE TOPOGRAPHIC INFORMATION IS TAKEN FROM A SURVEY BY THIS OFFICE AND WAKE
COUNTY GIS DATA. EXISTING STREETS AND BUILDING INFORMATION TAKEN FROM A
SURVEY BY PRIEST, CRAVEN & ASSOCIATES, INC. AND DIGITIZED FROM AERIAL PHOTOS.
3.ALL MATERIALS AND CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE
TOWN OF ZEBULON, CITY OF RALEIGH, WAKE COUNTY, NCDOT, AND NCDENR
STANDARDS AND SPECIFICATIONS.
4.FEMA DESIGNATED FLOOD ZONES ARE LOCATED ON THIS PROPERTY PER FEMA FLOOD
PANEL 3720-1851-OOK/J.
5.THIS SITE IS LOCATED WITHIN THE NEUSE RIVER BASIN.
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IMPACT 6
IMPACT 5
IMPACT 1
IMPACT 3
IMPACT 4
IMPACT 2
SCM #3.1
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SCM #2.1
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IASSOCIATES,RAVENRIEST,C&PLAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488NC.
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LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488
NC.
CI 302STA 6+05.08TOP 310.00INV IN 306.36 ( 304)INV IN 304.82 ( 310)INV IN 302.26 ( 303)INV OUT 304.32 ( 302)GI 301STA 5+71.97TOP 310.08INV IN 304.13 ( 302)INV OUT 304.03 ( 301)60.47 L.F. 15"RCP @ 0.63%33.11 L.F. 42"RCP @ 0.57%244.07 L.F. 42"RCP @ 0.50%FES 300STA 3+27.90TOP 306.90244.07 L.F. 42"RCP @ 0.50%IASSOCIATES,RAVENRIEST,C &P
LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488
NC.
245250255260265270275280285290295300305310MH #22 STA:6+11.54
TOP: 294.50
INV IN: 281.60 (22A)
INV OUT: 281.40 (22)87.19 L.F. 8"DIP S.S. @ 1.20%MH #22A STA:5+24.35
TOP: 294.10
INV IN: 282.85 (23)
INV IN: 285.15 (47)
INV OUT: 282.65 (22A)298.45 L.F. 8"PVC SS @ 0.32%MH #23 STA:2+25.90TOP: 293.50INV IN: 284.00 (24)INV OUT: 283.80 (23)225.90 L.F. 8"PVC SS @ 1.55%MH #24 STA:0+00.00TOP: 298.90INV IN: 287.70 (25)INV OUT: 287.50 (24)4' DIA4' DIA
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INV IN: 263.20 (21)
INV OUT: 263.00 (20)364.16 L.F. 8"PVC SS @ 2.14%MH #21 STA:9+97.38
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INV OUT: 271.00 (21)385.84 L.F. 8"DIP S.S. @ 2.05%4' DIA
4' DIA
IASSOCIATES,RAVENRIEST,C &P
LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488
NC.
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INV IN: 243.30 (4)
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IASSOCIATES,RAVENRIEST,C &P
LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488
NC.
IASSOCIATES,RAVENRIEST,C &P
LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS
3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488
NC.
SSTCSRELEASED FOR CONSTRUCTION DATE: (SEE COVER) F:\LAND PROJECTS\2015-003.001 WALKER - BARRINGTON-2\COORESPONDENCE\SENT ITEMS\TO TOMMY\ XR-15007-SITE FOR EXHIBIT PURPOSES.DWG , May 01, 2019 - 2:37 PM , BWILLNOYESSHEET #SCALE:DATE:PROJECT NUMBER:CLIENT:PLAN TYPE:BARRINGTON SUBDIVISIONTOWN OF ZEBULONWAKE, NORTH CAROLINAAPRIL 29, 20192015-003.001264 DEVELOPMENT, LLCWETLAND EXHIBIT11ST REVISION PRIEST, CRAVEN & ASSOCIATES, INC.LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-04881ST PHASE OFDEVELOPMENTNORTHWETLANDOVERALL WETLAND EXHIBIT1" = 500'FEMA 100 YEAR FLOODPLAIN FEMA FLOODWAYRIPARIAN BUFFERWETLAND AREABASED ON EXISTINGGIS AND SURVEYDATALEGENDPROPOSED SCM PONDLOCATIONS FOR FUTUREDEVELOPMENT PHASESEXISTING PONDS8002004001"=400'01200400US 64 HWY
ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
264 Investments, LLC
ATTN: Michael E. Jordan
933 Old Knight Road
Knightdale, NC 27545
NORTH CAROLINA
Environmental Quality
April 16, 2019
DWR # 19-0297
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Barrington Subdivision (Phase 1)
Dear Mr. Jordan:
You have our approval for the impacts listed below for the purpose described in your application dated
March 4, 2019, and payment received by the Division of Water Resources (Division) March 6, 2019.
These impacts are covered by the attached Water Quality General Certification Number 4139 and the
Neuse River Basin Riparian Buffer Rules and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 29 once it has been issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts:
Type of Impact Amount Approved Amount Approved (units)
(units) Temporary
Permanent
Wetland
1— Lot Fill 0.251 (acres) 0 (acres)
�a. DEQ
ow�Maunmemuiwip�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mall Service Center I Raleigh. North Carolina 27699-1611
919.707.9000
Barrington Subdivision (Phase 1)
DWR# 19-0297
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
2 — Stormwater Pipe
0 (acres)
0.004 (acres)
3 — Lot Fill
0.023 (acres)
0 (acres)
4 — Stormwater Pipe
0 (acres)
0.005 (acres)
5 — Sewer Crossing
0 (acres)
0.035 (acres)
6—Sewer Crossing
0 (acres)
0.029 (acres)
Total Wetland Impacts
0.274 (acres)
0.073 (acres)
Stream
S1— Sewer Crossing
0 (linear feet)
31 (linear feet)
Buffers — Zone 1
B1— Sewer Crossing
1,830 (square feet)
0 (square feet)
Buffers — Zone 2
B1— Sewer Crossing
1,220 (square feet)
0 (square feet)
2. Buffer Protection and Replanting
The permittee shall ensure that mature trees within the buffer areas will be protected as much
as feasible during construction of this project. [15A NCAC 02H .0506 (b)(2)j
Restoration and replanting of trees/shrubs/forest vegetation within the temporarily disturbed
buffer areas must be completed by the first subsequent planting season (November 1 through
March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the
density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A
NCAC 02H .0506 (b)(3)]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within
the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15
NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
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 the 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 approval letter and
General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Barrington Subdivision (Phase 1)
DWR# 19-0297
Page 3 of 3
This Certification can be contested as provided in General Statute 1508 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service. lfsending via delivery service (UPS, FedEx, etc).-
Office
tc).Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-3631 or
Paul.Woioski(ancdenr.gov if you have any questions or concerns.
Sincerely,
�"Idl"
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4139
cc: Bob Zarzecki, Soil and Environmental Consultants, PA (via email)
DWR 401 & Buffer Permitting Branch file
File Name: 190297BarringtonPhasel(Wake)_401_GC_NRB
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00421 County: Wake County U.S.G.S. Quad: Zebulon
INCOMPLETE APPLICATION
Property Owner: 264 Investments, LLC
Mike Jordan
Address: 933 Old Knight Rd.
Knightdale, NC 27545
Agent: Soil & Environmental Consultants, PA
Bob Zarzecki
Address: 8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Location/Description of Proposed Activity: The project site is approximately 210 acres located adjacent to Old
Bunn Rd., near the town of Zebulon, Wake County, North Carolina. Proposed activities include the
discharge of fill material into 0.347 acre of wetlands and 31 linear feet of stream channel for the construction
of phases 16, 19, 20, 22, and 26 of the Barrington residential subdivision. Latitude 35.8379°N, Longitude -
78.2911°W.
Type of Permit Applied For (check one): IP NWP GP
Applicable law: Section 404 of the Clean Water Act ; Section 10, Rivers and Harbor Act
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
Your application form has not been completed and/or signed (see remarks)
Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
Your application did not include a statement explaining how avoidance and minimization for losses of
waters of the U.S. were achieved on the project site. (see remarks)
Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes as required.
You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
Other (see remarks below).
REMARKS:
1. Under conditions of nationwide permit 29 an application/pre-construction notification is considered
complete only if the activity is deemed a single and complete project. For non-linear projects “single
and complete” is defined as the total proposed or accomplished by one owner/developer or partnership,
and must have independent utility. Single and complete non-linear projects may not be “piecemealed”.
Based on the information provided in your PCN, it is clear that there will be future phases to the
Barrington subdivision that may result in further loss to waters of the U.S., therefore these impacts
from future phases must be considered together before we are able to determine the appropriate
Department of the Army permit for the subject property. Please provide more information on all
phases of the project. Project plans should depict the entire project parcel, including all impacts to
jurisdictional features, roadways, utility lines, lot lines, greenway trails etc. Project plans should be
no larger than 11x17.
2. Should impacts to jurisdictional aquatic resources exceed required compensatory mitigation
2
thresholds for the entire Development, a revised compensatory mitigation plan should be included
with you submittal.
3. Your avoidance and minimization justification is insufficient. Please provide a more robust
justification for the need to fill 0.274 acre of wetlands for six lots in a subdivision with over 800 planned
units.
Please submit the above information within 30 days of receipt of this Notification or we will
consider your application withdrawn and close the file. Please call or email
(James.C.Lastinger@usace.army.mil) me if you have any questions.
Date: April 3, 2019
Corps Regulatory Official: James Lastinger Telephone No: (919) 554-4884 ext 32
Corps Regulatory Field Office Address: 8331 Heritage Trade Dr., suite 105, Wake Forest, NC 27587
Copy furnished:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Michael Jordan
264 Investments, LLC
933 Old Knight Road
Knightdale, NC 27545-9065
Project: Barrington Subdivision (Phase 1)
NORTH CAROLINA
Environmental Quality
June 26, 2019
Expiration of Acceptance: 9/4/2019
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown belo_ w.
River Basin Impact Location Impact Type Impact Quantity
(8 -digit HUC)
Neuse 03020203 Riparian Wetland 0.568
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Bob Zarzecki, agent
Nonni cnaouw� `� T �,
o�r�ae-�Ar�
Sincerely,
Jam s. Stanfill
Asse nagement Supervisor
North Carolina Department of Enviromnental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.767.8976
1
Bob Zarzecki
From:Goss, Stephanie <stephanie.goss@ncdenr.gov>
Sent:Monday, June 17, 2019 2:07 PM
To:Bob Zarzecki; Lastinger, James C CIV USARMY CESAW (US)
Cc:Wojoski, Paul A
Subject:RE: [External] RE: Barrington subdivision, SAW-2018-00421, incomplete notice - - 5.16.19 Meeting
Summary
Bob,
Any change in impacts will require a PCN to be submitted along with the fee and reviewed for approval which this
sounds like what this project entails? It looks like Paul Wojoski approved the version 1. I have copied him on this e‐mail
as well.
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919‐791‐4256
E‐mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki <bzarzecki@sandec.com>
Sent: Monday, June 17, 2019 11:02 AM
To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>; Goss, Stephanie
<stephanie.goss@ncdenr.gov>
Subject: [External] RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice ‐ ‐ 5.16.19 Meeting Summary
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
James & Stephanie:
Please let me know your thoughts per my email below. Notably submitting a complete new package (USACE & DWR?)
and how best to do this with the ePCN (DWR?).
That said, we've made some corrections to the plans. So, please review the attached plans rev. 6‐13‐19 when
commenting below.
Thanks!
Bob Zarzecki
2
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Wednesday, June 12, 2019 9:21 AM
To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>; 'Stephanie.Goss@ncdenr.gov'
<Stephanie.Goss@ncdenr.gov>
Subject: RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice ‐ ‐ 5.16.19 Meeting Summary
James:
Attached are the updated impact maps for the Barrington S/D project in Zebulon.
The applicant and their engineer believe that their plans are now far enough along to go ahead and apply for all the
impacts now (Option 2). Ultimately, the plans may change some based on sales and market demands (for example a
certain phase may change from townhome to single family if the demand for single family is stronger in the future than
townhomes), but they think they can stick with the impacts as shown.
The amount of mitigation will change, but not drastically so and should fall under the current availability letter. They are
uncertain still whether all impacts will be needed and completed prior to the expiration of the current NWP29, but are
proposing to pay all the mitigation upfront (not phase it).
I think the cleanest way to submit this request is to submit an entire revised PCN application. We used the online form
and honestly I have not had to submit a revised PCN before. I'll figure it out.
Stephanie:
Please read the emails below. The USACE had put the project on hold wanting to at least understand what impacts
would be needed for the future phases. We originally thought we would just provide a concept plan and estimated
impacts, but by the time the project engineer had completed the concept plan they were far enough along that they felt
they could request all impacts now.
Any guidance on how DWR would like us to handle this revision given you had already issued the 401 (#19‐0297
attached)?
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>
Sent: Thursday, May 16, 2019 1:43 PM
To: Bob Zarzecki <bzarzecki@sandec.com>
Subject: RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice ‐ ‐ 5.16.19 Meeting Summary
Bob,
Your email accurately reflects what was discussed in the meeting. I look forward to receiving the updated information
and moving forward with permitting. Let me know if you have any further questions or concerns.
James Lastinger
3
Regulatory Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: (919) 554‐4884, x32
Cell: (919) 428‐0806
Fax: (919) 562‐0421
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com]
Sent: Thursday, May 16, 2019 12:20 PM
To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil>
Cc: Charles Walker (cwalker@epgrouponline.com) <cwalker@epgrouponline.com>; Tommy Craven
<tcraven@priestcraven.com>
Subject: [Non‐DoD Source] RE: Barrington subdivision, SAW‐2018‐00421, incomplete notice ‐ ‐ 5.16.19 Meeting
Summary
James:
Thanks again for meeting with Chuck Walker, Tommy Craven and myself today at your office. Per our discussion, we
understand your primary concern is confirmation that the “project”, being “Barrington S/D” as shown on the attached
overall wetlands exhibit, does not exceed Nationwide Permit thresholds (½ acre loss of WoTUS and 300 lf loss of
streams). Phase one if approved would result in 0.273 acres of wetland loss. This would leave 0.227 acres loss of
wetlands or other WoTUS before we hit the ½ acre threshold. Chuck and Tommy are confident that they will not exceed
this amount.
In our meeting you provided essentially two options:
* Option 1 = Permit Only Phase 1 Now ‐‐‐ Provide the impact exhibits for all future impacts now as justification to
demonstrate that the overall project will stay below NWP thresholds and you’ll only approve the Phase 1 impacts now
with the understanding that future impacts will be applied for as market and sales dictate.
* Option 2 = Permit ALL Impacts Now ‐‐‐ Provide the impact exhibits for all future impacts now and request the
impacts for permitting all now. We can potentially phase the mitigation though so long as it’s provided prior to impacts.
At this time Chuck is leaning towards Option 1, but may decide to proceed with Option 2. Regardless Tommy will
prepare the requested impact exhibits to demonstrate that the overall project will stay within NWP thresholds.
We hope to provide you the information in the next couple weeks, regardless of which option Chuck decides to pursue.
Please feel free to respond if my understanding above is not correct or if I left out anything.
4
Thanks again for your time this morning.
Sincerely,
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
(919) 846‐5900 Office Phone
(919) 256‐4517 Direct Line
(919) 846‐9467 Fax
(919) 270‐2068 Mobile
bzarzecki@sandec.com <mailto:bzarzecki@sandec.com>
Visit us at SandEC.com <Blockedhttp://www.SandEC.com> !
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain
confidential information. This electronic communication may not have passed through our standard review/quality
control process. Design data and recommendations included herein are provided as a matter of convenience and should
not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal.
If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is
prohibited. If you have received this electronic communication in error, please notify the sender by return e‐mail and
delete the original communication from your system. Thank you.
Project Number:
BZ
Project Manager:
1" = 600'Scale:
6/15/15Date:
Map Title:
Source:
Figure 2 - Soil Survey Map
Bunn Farms
Wake County, NC
Wake County GIS
Soil Survey sheet 44
¯0 600 1,200
Feet
12597.W1
E
OLD BUNN RD
U
S 264 H
W
YUS 64 HW Y EBUS 64 HW Y W BE G A N N O N A V EPARKS VILLAGE RDN M C D R
DEBNAM RD
OLD US 264 HWY SUNNY POINT DRROSINBURG RDE N C 9 7 H W Y
US 64 EXIT 437 RAMP EB STAGHOUND TRLU
S 264 H
W
Y
Project Number:
SBProject Manager:
1" = 1,000'Scale:
12/07/17Date:
Map Title:
Source:
Figure 1 - USGS Map
Bunn Farms
Wake County, NC
Wake County GIS
USGS Zebulon quad
¯0 1,000 2,000
Feet
12597.W1
4 3
A
1
7
6
Excluded Area
5
2
H