20070343 Ver 1_More Info Received_20070426

Via Federal Express
April 26, 2007
NC DENR -DWQ
943 Washington Square Mall
Washington, NC 27889
Attention: Mr. Roberto Scheller
Re: Revised Pre-Construction Notification (#07-0343)
Proposed Lowe's of Greenville, NC
H&H Job No. LPA-015
Dear Mr. Scheller:
tiHart & Hickman
A PROFEBBIONAL CORPORATON
2923 South Tryon Street
Suite 100 Charlotte, NC
28203-5449
704-586-0007 phone
704-586-0373 fax
www.harthickman.com
Please find the attached revised Pre-Construction Notification (PCN) and Revised Minor Variance
application for a road crossing over an intermittent stream at a proposed Lowe's Home Improvement
Warehouse in Greenville, North Cazolina. The US Army Corps of Engineers has already issued the
Nationwide Permit (NWP) Verification for the 2002 version of NWP 39. Per our recent discussion, the
application was revised to add a grass strip between the pazking azea and the road crossing in the buffer
azea. To address your requests by telephone on April 23, 2007, H&H is providing the following:
1. Revised PCN with revised buffer impact area;
2. Revised Minor Variance incorporating the above-referenced grass strip;
3. Copy of the Corps NWP Verification; and
4. Detail sheet on the stormwater level spreaders.
You indicated that you could issue the 401 Certification and Minor Variance within a week of receiving
this modification. At your request, I will gladly drive to Washington to review this submittal with you to
expedite your work. Should you have any questions or need any additional information, please feel free
to contact me.
Very truly yours,
Hart do Hi man, PC
Matt Bramblett, PE
Principal and Project Manager.
Attachments
Cc: NC DENR DWQ 401 Group, (7 Copies of PCN and Minor Variance, Fee Paid Previously)
Mr. Patrick Rivers, LPA
Mr. Nicky Wagoner, Lowe's
S:1AAA-Master Projectsll.and PlanningU,PA-o15 Grecnvilie NC\Wetlands Permitting~DENR Cover Letter.doe

U.S. -ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ORM ID: SAW-2007-838-174 County: Pitt USGS Quad: Greenville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Lowe's Home Centers. Inc
Address: Nicky Wagoner
P.O. Box 1111
North Wilkesboro. NC 28659
Telephone No.: 1336) 658-4463
Size and location of property (water body, road name/number, town, etc.): Approximately 22.58 acres located on the
south side of HWY 33 east of Port Terminal Road and west of Portertown Road east of Greenville Pitt Coun
North Carolina. .
Description of projects area and activity: The proiect involves the filling of anaroximately 0 0115 acres of an
unnamed intermittent stream for the ur ose of constructtn a road around the store.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Josh Pelletier at the Washington Regulatory Field Office telephone number [phone] extension 34.
Corps Regulatory Official Date: 3/6/2007
Expiration Date of Verificati :03/18/2007
Cc: Matt Bramblett, PE
Hart & Hickman, PC
2923 S Tryon Street Suite 100
Charlotte NC 28203
Page 1 of 3

ORM ID: SAW-2007-838-174 County:Pitt
Permittee: Lowe's Home Centers, Inc
Date Permit Issued: 3/6/2007
Project Manager: Josh Pelletier
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 2 of 3

CESA W-RG-W DATE: 3/6/2007
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1.ORM ID: SAW-2007-838-174
2. Project Name and Location: Lowe's East Greenville; A roximately 22 58 acres located on the south side of
HWY 33 east of Port Terminal Road and west of Portertown Road east of Greenville Pitt Coun North
Carolina. .
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? NO
Explain:
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official:
Page 3 of 3

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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form -for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
^ Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
- Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
^ Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property): Lowe's Home
Centers Inc.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Michael W. Reynolds
Title: Director of Site Development
Street address: P.O. Box 1111
City, State, Zip: N. Wilkesboro NC 28659-1111
Telephone: [phone]
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Matt Bramblett PE
Telephone: [phone]
Fax: ( 704) 586-0373
Email: mbramblett~7a.harthickman.com
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Proposed Lowe's of East Greenville NC
Version 2: November 2002

5. Project Location:
Street address: East 10th Street
City, State, Zip: Greenville NC
County: Pitt
Latitude/longitude: 35°35'19" N 77°19'6"
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
The site is located just southwest of the intersection of E. 10th Street and Port Terminal
Road, which is lust east of downtown Greenville. Figure 1)
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): UT to
Hardee Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse) or .0316 (Tar-Pamlico)): Tar-Pamlico Class C NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
X
X
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]: See Exhibit A and Figures 1 through 5
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
See Exhibit A
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
See Exhibit A
Variance Request Form, page 2
Version 2: November 2000

4. Please provide an explanation of the #t~ilowing:
t9) The prxcticai difficulties ar hardships that would result front the strict application of this
Rule.._.___.. .~~.~.itri(~t .~....,,~......~.,~.,._....v.,,..._......_
...., .._......_.___~___._......w_.......~..~.__..._..~,.,~.:.......,.~., ..............,._.,.~....~.._..~_......,._.,....w.a......._.,.......~ ~........,~.......~
(2} Haw these difficulties or hardships result from conditions that are unique to the proporty
involved. __.._......_._.._-~_.__..__. ,...... Seg.~xhiP~ti ~..._.._.._.~..,. .. ...vw_...._...~..~..~.....,.....
(3) (f ecanamic hardship is the molar consideration, then include a specific explanastian of the
economic hardships and the prapartian of the hardship to the entire value of the protect.
Part ~. ~aed Restrtcti©r~s
Sy your signature (n Part 5 of this application, you ceRi#y that al( structural stomtwater best
management practices required ay this variance steal! be located in recorded stormwater
easements, that the easements will nan with the tend, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Fart ~: Agent ~lutl~c~rixaiti~n
(f you wish to designate subrriittal authority to another individual or term so that they may provide
information on your behalf, please complete this section:
Designated agent {individual or firm): ~ (}~r,~ Hic~i<~n, Pte ~tt~, Matt #rtrarnblAtt P ~_
Malting address: __ 292 South Trx„on Sf, Suite3 X00
City, State, Zip: ... ~ ~.~~ ~.~..._... ~'
Telephone: ~ T04.~ 5t36.~_~ ...........-»,~.~".~
Fax: ~...fOA,.~..~,~.~i•t}37, ~.. ~ _ .._..
Per# ~: Apptt~ant's Certtrftca#ian
!, .. ~~~ ~ c~f'~- __..w...:..~.;~.ti-~-..,.~'~,3:ra i-. ~'..~,_:_._...,~.~......~...r tPdnt ar type name of parsari
(isfied in Part i, Item ~), certify~tiiat the infomtation included on this permit application form is
c+arrect, that the protect will be canstrucl~ed n canfonnance with the approved plans and that the
deed restrictions in ecconta with Pa pf this farm will be recorded with a(f required permit
canditiarts.
~1~17atUr~; t1/ ,
r
Variance, Request i`arm, page 3
Version 2: htaveFrtber 2000

Exhibit A
Minor Variance Part 2: Proposed Activity
Proposed Lowe's of East Greenville
H&H Job No. LPA-015
1. The project is a proposed Lowe's Home Improvement Center. Although significant wetlands
and riparian buffer will be preserved in the western portion of the property, a small portion of an
intermittent stream and its associated Tar-Pamlico Rule protected buffer will be impacted by the
project. A driveway crossing at the rear of the store (less than 150 ft and less than 0.33 acre) and
regrading in a portion of Zone 2 of the buffer will be necessary for this project. These impacts
are allowable without the need for mitigation or a minor variance. The minor variance is needed
for placement of the southwest corner of the store and one nearby parking island. These features
will not impact Zone 1 of the buffer and will impact 1,800 square feet of Zone 2. This impact
will be mitigated by payment into the NC EEP fund.
2. This proposed store can not be practically accomplished without the Zone 2 buffer impact.
Based on parking requirements and property shape, the store can not be built without the road
crossing and the Zone 2 impacts. The property pinches together north and south of the west side
of the store which restricts the proposed store location. The parking spaces have been
minimized. Originally, the store was proposed further back on the property which would have
resulted in more stream, buffer and wetland impacts (including Zone 1 and 2 impacts). At that
time, the foundation work for a medical doctor had begun in the proposed Lowe's parking lot.
Additional property was brought under contract and the medical office was moved to the south to
allow the proposed Lowe's store to move east and toward Highway 33. The civil engineer has
re-configured the site layout more than five times to try to avoid the buffer entirely. An
expensive retaining wall was added in the western portion of the site to provide less fill slope and
more area to allow for the stormwater wetlands. In addition, the road crossing size was reduced,
and utilities have been routed underneath the road crossing to avoid other buffer crossings.
However, the Zone 2 impacts near the southwest corner of the store can not be avoided.
3. The development will use Best Management Practices for Stormwater management including
two stormwater wetlands. Level spreaders will be used at stormwater outfalls to establish diffuse
flow prior to entering Zone 2 of the buffer.
S:41AA-Master Projects\L.and Planning\LPA-OI S Greenville NC\Wetlands Permitting\minor variance part 2 rev.doc

4. (1) As noted above, the practical difficulty that would result from strict application of the
Tar-Pamlico buffer rule is that the store could not be built.
(2) There are several conditions that are unique to this property. The property is situated
on East 10th Street (Highway 33) in an up and coming commercial area in East Greenville. The
proposed Zone 2 impacts near the southwestern corner of the proposed Lowe's Garden Center
are contiguous to a proposed stream crossing. The crossing and Zone 2 buffer impacts are
situated at the upper end of an intermittent stream that is eroded and degraded. In addition, a
riparian wetland buffer borders the stream downgradient of the road crossing and Zone 2 buffer
impact area. The riparian wetland buffer is being avoided and will provide additional
stormwater treatment prior to reaching the stream.
(3) Although economics are always a consideration, the ability to construct the Lowe's
store is much more related to feasibility than economics.
S:WAA-Master Projects\Land PlanningU.PA-015 Greenville NC\Wetlands Permitting\minor variance part 2 rev.doc

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TITLE
SITE LOCATION MAP
PROJECT
PROPOSED LOW E'S SITE
GREENVILLE, NORTH CAROLINA
ti Bart & giekman 2923 South Tryon Street-Suite 100
Charlotte, North Cazolina 282D3
A PROFEBBIONAL CoRPORATiON 704-586-0007 (p) 704-58G-0373 (~
DATE: 11-8-06 REVISION NO: 0
JOB NO: LPA-015 FIGURE NO: 1

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Hart & Hickman 2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
Q Charlotte, North Carolina 28203
~ A PROFESSIONAL CORPORATON 704-586-0007 (p) 704586-0373 (~ GREENVILLE, NORTH CAROLINA

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tiHart & Hickman
' Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
NC 28203
Charlotte
,
704
' 586-0007 phone
586-0373 fax
Pre-Construction Notification
Proposed Lowe's Store
Greenville, North Carolina
H&H Project No. LPA-015
Revision No. 1
April 26, 2007

1

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
' I. Processing
1. Check all of the approval(s) requested for this project:
®Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
' ®401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 2002 NWP 39. Site
' contracting work began prior to March 18, 2007.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
' is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
' for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
' S. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. A licant Information
AP
' 1. Owner/Applicant Information
Name: Lowe's Home Centers, Inc. (Attn: Mr. Nicky Wagoner)
Mailing Address: P.O. Box 1111, N. Wilkesboro, NC 28659-1111
' Telephone Number: 336.658.4463 Fax Number: 336.658.3257
E-mail Address:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Matt Bramblett. PE (See Annendix A for Agent Authorization)
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon Street, Suite 100, Charlotte, NC 28203
Telephone Number: 704.586.0007 Fax Number: 704.586.0373
E-mail Address: mbramblett(a~harthickman.com
' Updated 11/1/2005
Page 1 of 8

' III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
' landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footpnnts of all buildings,
' impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
' so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Proposed Lowe's Home Improvement Warehouse of East Greenville

2. T.I.P. Project Number or State Project Number (NCDOT Only)
NA

3. Property Identification Number (Tax PIN): All or portions of 056908, 016894, and 071121
4. Location
County: Pitt Nearest Town: Greenville
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Hiahwav East 10th Street (Highway 33) out of downtown Greenville. The site is on the
right just past the intersection of Port Terminal Road and East 10th Street.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
' separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 35' 19" N 77° 19' 6"W
6. Property size (acres): 22.58 Acres for Lowe's Development.
7. Name of nearest receiving body of water: Unnamed tributary to Hardee Creek (Class C)
' 8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
' at the time of this application: The current land use of the subject property is primarily
cleared grass-covered land A strip of wooded land borders the site to the west. The current
land uses on properties surrounding the subject property are undeveloped, residential and
commercial.
' Updated 11/1/2005
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
' The site will be mostly graded with extensive cut in the upland portion of the site. Heavy
equipment will be used for the site work
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
' Lowe's Home Improvement Warehouse on the property The property shape and the
t~o;;raphy dictate filling a short section of an unnamed intermittent stream for a road that
sun: ounds the store.
' IV. Prior Project History
' If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
' certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
' list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The parties involved are not aware of prior~urisdictional determinations or wetlands permittin>;
' on this site An on-site determination of the applicability of the Tar-Pamlico buffer rules was
made b~WQ (see Appendix B~ In addition H&H submitted a request for jurisdictional
determination (JD) to the Corps and DWQ dated November 16 2006. A copy of the wetlands
' and stream survey is provided in Appendix C This JD request has not been acted on by the
Corps based on the suspension of issuance of JDs in the Wilmington District. Even though a JD
has not been issued, the wetlands are being avoided and DWQ has reviewed the streams on-site,
as noted in Appendix B. Therefore, we are proceeding with permitting.
V. Future Project Plans
' Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
' The Nationwide Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
' riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
' should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Updated 11/1/2005
Page 3 of 8

1
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The impacts~roposed for this proiect are limited to the filling of a short section of intermittent
stream situated just southwest of the~roposed Lowe's store. The filling is necessary for a road
that provides access to the rear of the proposed store. Because this is the origin of this stream
and there will be no connectivitYto u~g_radient waters or ditches the stream will be filled with
the exception of a French drain Therefore no provision for aquatic life passage is proposed.
Stream photos in this area are~rovided in Appendix D
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
None

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0.3 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before I act Impact
Length
linear feet Area of
Impact
acres
1 Unnamed UT to
Hardee Creek Road Crossing Fill Intermittent 5 100 0.0115

Total Stream Impact (by length and acreage) 100 0.0115
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Updated 11/1/2005
Page 4 of 8

Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
acres
None

Total Open Water Impact (acres)
6. List t
he cumulative impact to all Waters of the U.S. resulting from the rp oject
Stream Impact (acres): 0.0115
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 100

'

' 7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
' included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
' Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Two stormwater wetlands with earthen
dam/embankments
' Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater manas;ement
Current land use in the vicinity of the pond: Wooded and cleared land
' Size of watershed draining to pond: 17.68 acres to larger stormwater wetlands and 6.3 acres
to smaller stormwater wetlands
Expected pond surface area: 0.44 acres for top of permanent pool in larger stormwater
' wetlands and 0.12 acres for t~ of permanent pool in smaller stormwater wetlands
VII. Impact Justification (Avoidance and Minimization)

1
1
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See Appendix-•E
Updated 11/1/2005
Page 5 of 8

1

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Based on the minor nature of the intermittent stream impact (less than 150 ftl, no mitigation
is proposed for the road crossing. Mitigation is proposed for the Zone 2 buffer impacts as
noted below.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
' Updated 11/1/2005
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): 2,700 sg. ft.
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Page 6 of 8

~ ,x.
~ x.
1
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Tar-Pamlico)? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 0 3 (2 for Catawba) 0
2 1,800 1.5 2,700
Total 1,800 1.5 2,700
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Updated 11/1/2005

Page 7 of 8

A Minor Variance application has been prepared. The mitigation will be accomplished by
' payment into the NC EEP Riparian Buffer Fund. The NC EEP approval letter is provided in
Appendix F
' XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Based on AutoCad drawing calculations, the proposed impervious area is approximately 66.5%.
The existing impervious area is close to 0%.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
' wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater will be wiped to an off-site municipal wastewater treatment plant.
' XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
' Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
' If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ht_pt ://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This impact is very minor.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
' Threatened S ecies, accessibility p obl ms, or other issues outside of the applicant's control).
plican Agent's Signature Date
~ 7.
(Agent's signature is valid only if an authonzation letter from the applicant >s provided.)
' Updated 11/1/2005
Page 8 of 8

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' GREENVILLE, NORTH CAROLINA
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Bart & giek~aIl 2923 Sourh Tryon Street-Suite 100
GREENVILLE SE, NC 1982 Charlotte, North Carolina 28203
A PROFESSIONAL CORPORATON 704-586-0007 (p) 704-586-0373 (~
QUADRANGLE DATE: 11-8-06 REVISION NO: 0
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JOB NO: LPA-015 FIGURE NO: 1

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~ A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373 (~

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RFV ~ FlGURE NO
4-26-07 I 0
J

Appendix A
Agent Authorization
Hart & Hickman, PC

~.~rl~ r ~:Ila~7i'~r~c:A rt~~v o.~~ ,~+.~~t~~za~RY;r..~•~~>;+~r~

1

~~Gft C cam.
~r ,~~~~v~c.t~ ,~, representing Zowe's .I~iame Centers In.c, tt}~~Iicaf~t and patet~tial
developer vf' the project situ located. azt approximately 22.58 a::res located svri.t}zwest of
t}.te intersection of East 10t3' Street {a.k.a. ~Higltway 33) and Pc~i~t T'erzninal Road in
Greenvi.Iie, :E'itt Couzrty, North Ga1-oli.na herby certify that I have autIsorized Hart &
lliekn~al.~, PC to act vn tine applicant's hehal~' And take all ac#aans necessary to tltie
proctssin;;, iss~~atice, a~lt3 acceptanc4 of. the ~~vetlands jurisdictional detetn~ination an~i
l~ermit5 fta~r this p~~oject.
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Appendix B
DWQ On-Site Buffer Rule Applicability Determination
Hart & Hickman, PC

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Mr. Matt Bramblett, P.E.
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
Michael i. L'asley, iiovernor
VS'illiam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P.E. Director
Division of Water Qualitq
-------
November 29, 2006
DWQ Project # WaR0-06-1835
Pitt County
Subject Property: East 10th Street Greenville (off Htvy, 33)
UT's to Hardee Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. Bramblett:
On November 15, 2006, at your request I conducted an on-site determination to review drainage features
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The
property is located just off Highway 33 or East IOth Street in Greenville, NC. The features are labeled as
"WaR0-06-0155 and WaR0-06-0156" on the attached map initialed by me on November 20, 2006.
The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted
in blue and labeled as "WaR0-06-0155" on the attached map is Exempt from the Tar-Pamlico Buffer
Rules. The feature highlighted in red and labeled as "WaR0-06-OI56" is Su__ biect to the Tar-Pamlico
Buffer Rules. The stream origin is marked on the ground by a wooden stake labeled WaR0-06-0156 and
the stream continues across the back of the subject properties.
These features should be identified on any future plans for this property. The owner (or future owners) should
notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this
property. This determination pertains to the subject property only. 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 DVVQ or Delegated Local Authority
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
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by
the DWQ or Delegated Local Authority that ``exempts" a surface water from the buffer rule may ask for an
adjudicatory hearing. 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. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone 252-94G-6481 One
Washinglon, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~aturallt~

To ask for a hearing, send a written petition, which conforms to Chapter I SOS of the North Carolia~a liertel'a1
Statutes to the Office of Administrative .Hearings, 6714 Mail Service Center, Raleigh, N,C, 27699-6714. 1 his
determination is final and binding unless you ask. f°or ~i hearing within 60 days.
This letter only addresses the applicability to the buffer rules and dues not approve any activity ~wifhin the
buffiers. Nar does this letter approve any activity within Waters of the United States or Waters of the Stag;. 1 f.
you have any additional questions or require additional information please call me at (252) 948-940.
Sincerely.
,,
~_ ~~ __
Roberto L. ScheilerlEnvironmental Spec. Ill
DWQlWaRO
Wetlands / 4O1 Unit
Enclosures: IJSGS Map, Greenville SE
ec: DWQ WaRO file
401 Central Office file
Filename: WaR0-06-1835

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Name: GREENVILLE SE
Date: 11/16/2006
Scale: 1 inch equals 1000 feet

Location; 035° 35' 27.38" N 077° 19' 13.24" W
Caption: Proposed Lowe's Site
Off Hwy 33
Greenville, NC

1
1

1

1

Appendix C
Wetland and Stream Survey
Hart & Hickman, PC

1

1
Appendix D
Stream Photographs
Hart & Hickman, PC
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Photograph 2: Close up of eroded area near head cut (area to be filled).
Hart & Hlek~aIl 2923 South Tryon Street-Suite l00 PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 GREENVILLE, NORTH CAROLINA
A PROFEBBIONAL CORPORATION 704-586-0007 (p) 704-586-0370 (fl

Appendix E
Avoidance and Minimization
Hart & Hickman, PC

Appendix E
Avoidance and Minimization
Proposed Lowe's of Greenville
H&H Job No. LPA-015
Avoidance
The proposed development is located in an expanding commercial area on the east side of
Greenville. The site is located on East 10th Street (Highway 33), a major highway. The property
covers 22.58 acres. Lowe's has considered and evaluated other potential properties in the area
for development of a proposed Lowe's store. However, properties or property assemblages of
this size are difficult to find and purchase when they front major roads. The zoning must also
match the proposed retail land use. No alternative properties were identified that meet Lowe's
criteria.
Undeveloped lands in this area that occur over this amount of land often have streams and/or
wetlands located on the property. The subject development is proposed on a property that
includes an unnamed stream and riparian wetlands near the property boundary. In addition, the
store has been configured such that the only impact to the stream is for one road crossing.
Minimization
To minimize site impacts, the site development plan was shaped around the stream and includes
a 50 ft buffer on the development side of the stream, with the exception of one small Tar-
Pamlico Buffer Rule Zone 2 impact. The only stream impact is a road crossing over the stream,
and the crossing was configured to be perpendicular to the stream to lessen the impact.
The property pinches together north and south of the west side of the store which restricts the
proposed store location. The parking spaces have been minimized. Originally, the store was
proposed further back on the property which would have resulted in more stream, buffer and
wetland impacts. At that time, the foundation work for a medical office had begun in the area of
the proposed Lowe's parking lot. Additional property was brought under contract and the
medical office was moved to the south to allow the proposed Lowe's store to move up toward
1

' Highway 33. An expensive retaining wall was added in the western portion of the site to provide
less fill slope and more area to allow for stormwater wetlands.
To protect the unnamed stream, stormwater wetlands will be used. The stormwater wetland
outfalls are provided with level spreaders at distances greater than 50 ft from the stream top of
bank. The site stormwater release from storm events will be less than pre-development rates by
' using the stormwater wetlands. In addition, during site development, good erosion control
practices will be followed. Extensive silt fencing will be used on the construction site perimeter.

1

2

Appendix F
NC EEP Approval for In-Lieu Fee
Hart & Hickman, PC

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PROGRAM
January 17, 2007
Patrick Rivers
Lowe's Home Center Inc.
c% Land Planning Associates, Inc.
110 West First Ave., Suite A
Easley, SC 29640
Project: Lowe's Home Centers of East Greenville County: Pitt
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. ff 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 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made. The amount of the In Lieu Fee to be paid to NCEEP by
an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Tar-Pamlico
03020103 Stream (feet) Wetlands (acres) Buffer I
{Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri Arian Non-Ri Arian Coastal Marsh
Impacts 0 0 100 0 0 0 8,000 7,500
Credits 0 0 200 0 0 0 24,000 11,250
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
• ~'~/
(~.,/ William .Gilmore, PE
Q'^ ~ Director
cc: Cyndi Karoly, Wetlands/401 Unit
Josh Pelletier, USAGE-Washington
Chris Pullinger, DWQ-Washington
Matt Branblett, agent (elec.)
File
~.~sto~~;`ry... E ... PYOtectiit9 4u.~' Itut~
I~CDFT~lR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 9i9-715-4476 / www.nceep.net
1

POND "1"
NCDENR DWQ WET DETENTION BASIN CALCULATIONS
Project Name: Lowes of Greenville, NC
Project No.:
Date: 12/4/2006
BASIN INFORMATION
TOTAL AREA DRAINING TO POND (DA)= '770,141 SF = 17.68 AC
IMPERVIOUS SURFACES DRAINING TO POND = 547,114 SF 12.56 AC
DRAINAGE AREA PERCENT IMPERVIOUS (%IMP) = 71.0% -ss`
NORMAL POOL SURFACE AREA REQUIREMENTS
(Based on 85% TSS Removal Chart, No Vegetated Filter)
POND DEPTH = 3 FT
SA/DA % _ 1.8 (FROM CHART)
SURFACE AREA REQUIRED = 13,863 SF
SURFACE AREA PROVIDED = 21.,153 SF @ ELEVATION 31 ~:'
Therefore, Normal Pool surface area is ADEQUATE-

POND " 2"
NCDENR DWQ STORMWATER MANAGEMENT CALCULATIONS
Project Name: Lowes of Greenville, NC
Project No.:
Date: 12/4/2006
BASIN INFORMATION
TOTAL AREA DRAINING TO POND (DA)= 274,428'' SF = 6.30 AC
IMPERVIOUS SURFACES DRAINING TO POND = 148,104 SF 3.40 AC
DRAINAGE AREA PERCENT IMPERVIOUS (%IMP) = 54.0%''
NORMAL POOL SURFACE AREA REQUIREMENTS
(Based on 85% TSS Removal Chart, No Vegetated Filter)
POND DEPTH = 4 FT
SA/DA % _ ''3.3 (FROM CHART)
SURFACE AREA REQUIRED = 9,056 SF
SURFACE AREA PROVIDED = 15,238 SF @ ELEVATION 43 ~;
Therefore, Normal Pool surface area is ADEQUATE

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