20081032 Ver 2_More Info Received_20120927

EVANS ENGINEERING, INC.
Post Office Box 10285
GREENSBORO, N.C. 27404
Telephone: [phone]
Fax: [phone]
Date:
To: Karen A. Higgins subject:
Karen,
08- i o3a, u a-
ff m
evoi
Letter
9 -24 -12
1285 US HWY 70 Buffer Impact
PCN Signature
In response to your comment on our recent submittal of a PCN application for the above
mentioned project regarding Jeff Nimmer's signature on page 10 of the PCN application, I spoke
with Ian McMillan regarding Jeff Nimmer's signature. I explained to him that Jeff Nimmer is
the Vice President for Kotis Properties, Inc., who will be the developer of the proposed project
for which the buffer impacts have been applied. The property owner, Kotis Garner, LLC is
basically one in the same as Kotis Properties, Inc as most developers set up different LLC's for
various properties that they purchase for future development. Ian explained to me that this was
fine, and that he just needed a memo of some sort explaining why Jeff Nimmer's signature is
valid for the PCN application for these buffer impacts. Please accept this memo as such
explanation and move forward with the review of the PCN application. Feel free to contact me
at 336- 854 -8877 if you have anv auestions. Thanks.
36) 854 -8877
Drew
❑ Please reply ❑ No reply necessary
J

EVANS ENGINEERING, INC.
ENGINEERS, PLANNERS, SURVEYORS
4609 DUNDAS DRIVE
GREENSBORO, NORTH CAROLINA 27407
PHONE: [phone] FAX: [phone]
DATE: q-13 - I Z
A:M.
CLIENT: Z Sd ) -'©o P.M.
PROJECT: 3 Z
From:
r
TO BE DELIVERED [ ] TO BE MAILED [ "f TO BE PICKED UP [
WORLDWIDE EXPRESS [ ] FEDERAL EXPRESS [ ]
COMMENTS:
ral

EVANS ENGINEERING, INC.
Post Office Box 10285 N1@9@
GREENSBORO, N.C. 27404
Telephone: [phone] Letter
Fax: [phone]
Date: 9 -13 -12
To: Lauren Witherspoon Subject: 1285 US HWY 70 Buffer Impact
PCN
Lauren,
Please find the attached three sets of PCN applications, Impact Maps, and supporting
documentation for the stream buffer impacts that I have previously discussed with you on the
project for 1285 US Hwy 70. Please feel free to give me a call or shoot me an email if you have
any questions or need anything else. Thanks.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . .
(336) 854 -8877
................................................................................................................................................................ ............................... ................. ............ Drew Fleming ...................
❑ Please reply ❑ No reply necessary ig e _

Forrest Creek Riparian Buffer Mitigation Bank
EBX Neuse Riparian Buffer Umbrella Mitigation Bank
Statement of Availability- August 24, 2012
NC Division of Water Quality
Amy Chapman,
DWQ Wetlands, Buffer, and Stormwater Compliance and Permits Unit,
Buffer Coordinator,
512 N. Salisbury St., Raleigh, NC 27604,
Archdale Building - 9th floor
Re Project: 1285 US Highway 70 -Kotis Garner Properties
This document confirms that Kotis Properties (Applicant) for the project located at 1285 US
Highway 70 has expressed an interest to utilize 3647 Square Feet of Riparian Buffer Mitigation
Credits from a single source, or combination of, the EBX Neuse Riparian Buffer Umbrella
Mitigation Bank and the Forrest Creek Riparian Buffer Mitigation Bank located in Neuse HUC
03020201. As the Bank Sponsor, EBX attests to the fact that mitigation is available for transfer
at the time of this document.
Banker will notify applicant if the 3647 Sp. Ft. of Mitigation become considered "At Risk" of not
being available prior to associated impacts. Credits are not considered secured until payment
in full is received from the applicant resulting in the issuance of a Bill of Sale and Affidavit of
Sale 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 Affidavit of Sale within ten (10) days of receipt of the balance of the
Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a
documented copy of the debit of credits from the Bank Official Credit Ledger showing the
permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale,
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 239 - 872 -1678
Best Regards
A444 k
Matthew R. Fisher
EBX
909 Capability Drive Suite 3100. Raleigh, NC 27606

g
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B Sandbeck, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
November 24, 2010
Dave Southard
Evans Engineering, Inc.
4609 Dundas Drive
Greensboro, NC 27407
Re: Commercial Development, 1285 US 70, Garner, Wake County, ER 10 -2011
Dear Mr. Southard:
Thank you for your letter of October 25, 2010, concerning the above project.
Office of Archives and History
Division of Historical Resources
David Brook, Director
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future
communication concerning this project, please cite the above - referenced tracking number.
Sincerely,
60*,Petet Sandbeck
Location. 109 East Jones Street, Raleigh NC 27601 Mailing Address. 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax (919) 807 - 6570/807 -6599

t -
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
November 10, 2010
Dave Southard
Evans Engineering, Inc.
4609 Dundas Drive
Greensboro, NC 27407
T, . i- .. e- - n .. : -... 1 nip r J,. ^ri
1:f,. vailu,i t foicct Gu vi i�wy ; 0
Dear Mr. Southard:
This letter is to inform you that a list of all federally - protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http: / /www.fws.gov /raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the'Raleigh Field-Office for a list of federally- protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non - federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally - listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fitl:ili that iequireinerit anu it'. ueteitl 1:iiltlg WhZ,dWr auaitiOiial ,:01.1JUi',Ullol, Wiiil Elie
Service is necessary. In addition to the federally - protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http: / /www.fws.gov /raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

If your project contains suitable habitat for any of the federally- listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally - protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above - referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally- listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down - gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http: / /www.fws.gov /raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
2

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Mark Bowers of this office
at (919) 856 -4520 ext. 19.
Sincerely,
�G:Vr!�?-''----,
Pete Benjamin
P� Field Supervisor
3

List of Counties in the Service's Raleigh Field Office Area of Responsibility
Alamance
Beaufort
Bertie
Bladen
Brunswick
Camden
Carteret
Caswell
Chatham
Chowan
Columbus
Craven
Cumberland
Currituck
Dare
Duplin
Durham
Edgecombe
Franklin
Gates
Granville
Greene
Guilford
Halifax
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Montgomery
Moore
Nash
New Hanover
Northampton
Onslow
Orange
Pamlico
Pasquotank
Pender
Ll
Perquimans
Person
Pitt
Randolph
Richmond
Robeson
Rockingham
Sampson
Scotland
Tyrrell
Vance
Wake
Warren
Washington
Wayne
Wilson

a
ENVIRONMENTAL SERVICES, INC.
524 South New Hope Road
Raleigh, North Carolina 27610
919 -212 -1760 / Facsimile 919- 212 -1707
www .environmentalservicesinc.com
mmilam @esinc.cc, cjohnston @esinc.cc
MEMORA"UM
TO: Mr. Anthony Lester
FROM: Todd Milam, Charlie Johnston
DATE: August 26, 2008
RE: Garner Tract
Environmental Services, Inc. (ESI) conducted an on -site meeting with Crystal Amschler of the
U.S. Army Corps of Engineers ( USACE) on August 26, 2008 to review the jurisdictional
delineation for the Garner Tract in Wake County, NC.
Ms. Amschler verified the delineation of streams STA and SCA. An additional stream channel
(STB) located along the southern boundary of the property identified by PIN# 1701667637 was
deemed to be jurisdictional. Stream STB is not depicted on the USGS topographic map or the
NRCS soil survey map and will not subject to the Neuse River Riparian Buffer Rules per the
N.C. Division of Water Quality (DWQ). However, the three features are subject to USACE
Section 404 jurisdiction. If impacts to these features are proposed, Ms. Amschler indicated that
the USACE would approve a 1:1 mitigation ratio due to the low quality of these features. Ms.
Amschler also indicated that the existing preliminary site plan submitted would need to be
altered to demonstrate that all practicable efforts to minimize unavoidable impacts to the features
were taken prior to authorizing a NWT. As discussed in the report, we recommend that the
proposed parking area be redesigned such that it merely crosses the stream and buffer to satisfy
the USACE permitting and the DWQ Neuse River Riparian Buffer Rule requirements.
I have attached an aerial map with the approximate extent and location of these jurisdictional
streams. Please call Charlie Johnston or me if you have any questions or need any additional
information.

ENVIRONMENTAL SERVICES, INC.
524 S NEW HOPE ROAD
RALEIGH. NORTH CAROLINA 27610
919 - 212 -1760 • FAX [phone]
www .environmentalservicesinc.com
July 1, 2008
Mr. Anthony Lester
Evans Engineering, Inc.
4609 Dundas Drive
Greensboro, NC 27407
Re: Garner Tract ESI Project # ER08- 089.00
Jurisdictional Evaluation
Wake County, North Carolina
Dear Mr. Lester:
Environmental Services, Inc., (ESI) has completed the jurisdictional wetland and surface water
delineation and the N.C. Division of Water Quality (DWQ) review for the approximately 3.4 -acre
Garner Tract in Wake County, North Carolina. The project study area consists of Wake County
PIN# 1701667637 and a portion of PIN# 1701665922. The project study area is located adjacent
to the south side of U.S. 70 and to the west side of Timber Drive (SR 2812) and is within the
Neuse River Basin. The Soil Survey of Wake County, North Carolina identifies three (3) soil
mapping units as potentially occurring on the site. None of the identified soil mapping units are
considered to be hydric soils.
Wetlands and Streams
The project study area was reviewed on 20 June 2008 to document the presence or absence of
jurisdictional wetland areas subject to federal jurisdiction under Section 404 of the Clean Water
Act. The area was assessed using the three - parameter approach (hydric soils, hydrophytic
vegetation, and evidence of jurisdictional hydrology) as outlined by the U.S. Army Corps of
Engineers (COE) 1987 Wetlands Delineation Manual. No wetlands were documented as
occurring within the project study area.
The project site was also reviewed for the presence of jurisdictional stream channels using
additional criteria provided by the COE and the DWQ. Two (2) jurisdictional stream channels
were delineated within the project study area. Stream SCA is located on the property identified
by PIN# 1701665922. Stream STA is located along the northwest boundary of the property
identified by PIN# 1701667637. Figure 1 depicts the approximate extent and location of these
jurisdictional streams and can be used by your surveyor when locating the flags. It is our
understanding that the jurisdictional delineation will be located by traditional survey. The
streams were delineated with sequentially numbered blue & orange flagging.
The jurisdictional delineation effort should be reviewed by the USACE prior to impacting any
jurisdictional areas. Unavoidable impacts to Section 404 jurisdictional areas will require Section
404 and Section 401 permitting. ESI is currently scheduled to review the project study area with
COE on July 10.
FLORIDA • GEORGIA • NORTH CAROLINA • SOUTH CAROLINA 0 MARYLAND • OHIO

ENVIRONMENTAL SERVICES. INC.
Neuse River Riparian Buffers
The Neuse River Riparian Buffer Rules (Buffer Rules) place a restriction on certain development
within 50 feet of stream channels and surface waters that are depicted on the most recent version
of the U.S. Geological Survey (USGS) 7.5- minute quadrangle map or on the Natural Resource
Conservation Service (MRCS) county soils map (i.e. Soil Survey of Wake County, North
Carolina). The riparian buffer consists of two distinct zones. Zone 1 comprises a 30 -foot wide
area adjacent to the surface water that cannot be disturbed except for those specific activities that
are allowed by the Neuse River Riparian Buffer Rules. Zone 2 comprises a 20 -foot wide area
adjacent to Zone I that is to be left undisturbed except for those specific activities allowed by the
Buffer Rules. Grading and re- vegetating Zone 2 is allowed provided that the condition of Zone I
is not compromised.
ESI met with Lia Gilleski of DWQ on 30 June 2008 to review onsite stream origins and to assess
applicability of the Buffer Rules for the two mapped features. Stream STA is depicted on both
the USGS topographic map and NRCS soil survey map and will be subject to the Buffer Rules
per DWQ. Stream SCA is depicted on the NRCS soil survey map and will also be subject to the
Buffer Rules per DWQ. DWQ flags were tied at the origin points for the two streams.
Most impacts to Neuse River Riparian Buffers require prior approval from DWQ; however,
impacts to Zone 1 for a proposed parking lot are prohibited according the Buffer Rules. Based
upon the preliminary site plan that you provided, a Major Variance granted by the Environmental
Management Commission (EMC) would be required for the proposed Zone 1 buffer impacts. A
Major Variance is a costly and time consuming endeavor and we typically encourage our clients
to avoid the procedure if at all possible. We recommend that the proposed parking area be
redesigned such that it merely crosses the stream and buffer. Road crossings that impact equal to
40 linear feet or less of riparian buffer are exempt from the Buffer Rules and road crossings that
impact equal to or less than I50 linear feet or less or one -third of an acre of riparian buffer are
allowable with written authorization from DWQ. If the parking area can not be redesigned due to
factors that we are not aware of; then we can discuss the Major Variance option and identify in
greater detail the regulatory hurdles that will undoubtedly be encountered.
Thank you for allowing ESI to be of service to Evans Engineering, Inc. Please call either of us if
you have any questions or comments regarding this submittal.
Sincerely,
ENVI ON NTAL SERVICES, INC.
Charles hnston Todd Milam
Senior Scientist Project Scientist
Attachments: General Jurisdictional Layout

ENVIRONMENTAL SERVICES, INC.
Figure 1.
Approximate Jurisdictional Layout
Garner Tract
T �
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r=
�.. STA

Iq
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200802272 County: Wake U.S.G.S. Quad: Lake Wheeler. NC
NOTIFICATION OF JURISDICTIONAL, DETERMINATION
Property Owner/Agent: Kotis Properties, LLC
Address: g Attn: William M. Kotis III D "
PO Box 9296
Greensboro, NC 27429 AUG 2 9 2008
Telephone No.:
Property description:
f 1
Size (acres) 5_2 Nearest Town Garner
Nearest Waterway Swift Creek River Basin Neuse River
USGS HUC 03020201 Coordinates N 35.7187188 W - 78.640473
Location description The US 70 Hwy W Garner Tract is located south of US 70 Hwy W. approximately 350 feet west
of the intersection of US 70 Hwy W and Timber Drive in Garner, Wake County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination-
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described' property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 iUSC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946 -6481 to determine
their requirements.
Page 1 of 2

Action ID: 2008 -02272
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact at
C. Basis For Determination
Streams were identified utilizing ordinary high water mark as identified in the field.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you obj ect to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Jean Manuele, Field Office Chiet
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 10/26/2008.
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence. ** Af
Corps Regulatory Official:
Date 08/27/2008 Expiration Date 08/27/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http : / /regulatory.usacesurvU.com/ to
complete the survey online.
Copy furnished:
Environmental Services, Inc.
Attn: Todd Milam
524 S. New Hope Road
Raleigh, NC 27610
Page 2 of 2

Environmental Set %ices, Inc.
3661 Alamance Road
Bw ingtor.• NC 27215
(336) 570 -3002, t336) 570 -9566 fax
a,,ww environmen:alserviccsinc,com
ACCESS AGREEMENT
and
AGENT AUTHORIZATION
1. 11dzm /71 Lohs /,�i representing ,�ef�S /. ^7,o�h'� % ,applcmt/0%mer),
hereby authorize representatives of the U.S. Army Corps of Engineers andlor N C. Division o-
water Quality to access the subject property, listed x:ow, for the purpose of performing a
jurisdic -ionzl wetland, stream, or buffer determination. Environmental Services, Inc. (ESI) as
acting as or.r ALthorized Agent for this project and must accompany agency personnel when
visiting this site
Project Dame: Gamer Tract (PIN#s 1701667637, 1701665922)
ESI Project #: 08- 089.00
Signature
Date:
PIZ

INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITMG UNIT
June 20, 2005
Version 5
Applicant Name: Mr. Anthony Lester, Evans Engineering. Inc.
Applicant Address: 4609 Dundas Drive Greensboro, NC 27407
Applicant's phone number: 336 - 854 -8877 Fax number: ( ) -
Applicant's email address: adl evans -eng coin
Consultant Name (if applicable): Environmental Services, Inc., Todd Milam
Consultant address (if applicable): 524 S. New Hoge Road Raleigh, NC 27610
Consultant's phone number: 919- 212 -1760 Fax number: 919- 212 -1707
Consultant's email address: nunilaml2esinc.cc
Type of action requested under the Express Review Program (check all that apply):
❑ 401 Water Quality Certification ® Stream Origin Determination
❑ Isolated Wetland Permit 2# of Determinations Requested
❑ Riparian Buffer Approval ❑ Intermittent/Perennial Determination
❑ Riparian Buffer Minor Variance # of Determinations Requested
❑ Coastal General "Major" Variance ❑ Non404 Wetland Determination
# of Wetlands
Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
# of Drainage Areas/Project Site
Name of Project: Garner Tract County: Wake
Site Location (DM.MM) - Latitude: 35.719030 Longitude: 78.640417
Total project acreage: 4 (acres) Total built out impervious area: 0_2 (acres)
Nearest Named stream + River Basin (from USGS topo map): Swift Creek, Neuse River Basin
Please provide a brief description of this project (attach site plan if available):
The current site conditions consist of undeveloped forested areas , maintained/disturbed areas, and a paved area
(approximately 0.2 ac) with an abandoned building pad just north of a pump station on the west side of the parcel. The
Rump station and residential areas are located south of the parcel. The final site plans are not completed at this time
Please attach a map of site location using USGS 1:24,000 topographic map and County soil survey.
Location of project site - please include reference to the county, nearest named town and street name or highway number:
The project site is located in Garner, NC, approximately 0.6 miles southeast from the intersection of NC 70 and SR 2538
(Loop Rd.) on the south side of NC 70 just west of SR 1443 (Timber Dr.)

Proposed impacts: N/A Acres of 404/401 wetlands
N/A Acres of non -404 wetlands
N/A Linear feet of streams
/A Linear feet of isolated streams
N/A Square feet of protected stream buffers
Has consultant or applicant attended any DWQ- sponsored training sessions in the past two years? If so, please list which
ones. Yes. Perennial and Intermittent Stream Identification, Aquatic Insect Collection Protocols, Express Permit Training,
Has any DWQ staff visited the site? Unknown if yes, please provide DWQ staff name,
date of visit:
and
Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing
agencies below:
Unknown at this time
Is there local government implementation of a State - mandated stormwater control program on your site?-yes
(If yes, please state local government and implemented program (ex. Town of Wake Forest, NPDES Phase 2):
WS -III NSW Protected Area. Neuse River Buffer Rules
Does this project require approval under the SEPA or NEPA? No
Is this project an After - the -fact application or has this project received a previous Notice of Violation from DWQ? No
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any measures
that have been taken with respect to public involvement.
No.
This form must be submitted via email (c /o 401express&cmail.net). faxed (919- 733 - 6893), or hand - delivered to:
Parkview Building, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax. Successful applicants will then be instructed regarding detailed
procedures for full application (Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as
received on the next business day).
Please contact Lia Myott or Joseph Gyamfi at 919- 733 -1786 if you have any questions regarding this form.

Evans Engineering, Inc.
Attn: Mr. Anthony Lester
4609 Dundas Drive
Greensboro, NC 27407
Michael F. Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
August 21, 2008
Subject Property: Garner Tract (PIN: 1701665922)
Coleen H Sullins, Director
Division of Water Quality
DWQ EXP# 08 -1032
Wake County
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Lester:
On June 30, 2008, at the request of Todd Milam of Environmental Services, Inc., Lia Myott Gilleski conducted an
on -site determination to review two stream features located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The features are labeled as "A" and "B ", on the attached maps initialed by
Lia M. Gilleski on August 21, 2008. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Neuse Buffer Rule at the flag labeled, "A1" (Intermittent Stream begins).
Feature "B" is subject to the Neuse Buffer Rule at the flag labeled, "B I" (Intermittent Stream begins) at
the Hwy 70 culvert outlet.
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 DWQ that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604 -2260. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream
and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have
any questions, please contact Lia Myott Gilleski at 919.733.9502.
Sinc rely
Coleen H. Sullins
CHS /cbk/lmg
Attachments: Wake County Soil Survey Map, USGS Topographic Map
N�om;`tttCarolina
401 Oversight / Express Review Permitting Unit �NWurallb
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919 - 733 -1786 / FAX 919 - 733 -6893 / Internet: httn' //h2o enr.state.nc.ustncwetlands
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Garner Tract
Page 2 of 2
August 21, 2008
cc: Todd Milam, ESI, 524 S. New Hope Rd., Raleigh, NC 27610
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files

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