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HomeMy WebLinkAbout20042029 Ver 3_PCN Form Submission_2019090340 WithersRavenel lipOur People. Your Success. August 30, 2019 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, NC 27699 Re: Fins Car Wash (Formerly Ralph Stephens Rd -Hwy 55 Retail) - Holly Springs, Wake Co. Modification Request for Previously 401 WQC NCDWR Proj #04-2029 WR Project #02181123.10 Dear Ms. Higgins, A NWP 39 and 401 WQC were previously issued to Cross Real Estate Group for this project site/property authorizing 0.25 acres of permanent wetland impact to construct a retail development. Since issuance of the permits, ONB Properties, LLC, a subsidiary of AAA Carolinas, Inc., has taken over the contract to purchase the property from Cross Real Estate Group and is scheduled to complete the purchase of the property on 8/19/19. ONB Properties, LLC intends to construct a Fins Car Wash on the site rather than a retail development as previously permitted. Therefore, we are formally requesting modification of the 401 WQC due to the change in project, even though the proposed impacts for the Fins Car Wash will not change from the previously authorized 0.25 acres of permanent wetland impacts. Please note that WR has confirmed with the USACE that a formal modification of the NWP 39 is not required. The project is ±1.97 acres in size (PIN: 0658058498) and is located at in the northwest quadrant of the intersection of Ralph Stephens Road and Hwy 55 (Bypass) in Holly Springs, Wake County (Latitude: 35.633231°N; Longitude: -78.828466°W). The project is located in the Neuse River basin and onsite waters drain to Basal Creek. The Water Quality Classification for Basal Creek is B; NSW and the Stream Index Number is: 24-43-15-3. The cataloging unit for the site is 03020201. Proposed Proiect The purpose of the proposed project is to construct a Fins Car Wash to serve the Holly Springs citizens. The proposed project consists of construction of the access from the adjacent commercial development (currently under construction), an approach lane to the pay station, an automated pull-thru car wash and free vacuums, as well as stormwater management and utilities (sewer, water, electrical, etc). 219 Station Road, Suite 1011 Wilmington, NC 28405 t: 910.256.9277 www.withersravenel.com I License No. C-0832 Asheville I Cary Greensboro I Pittsboro I Raleigh I Wilmington Fins Car Wash - Ralph Stephens Rd t 0 Withers Rave n e l Holly Springs, Wake County Our People. Your Success. The project site has been allowed a single point of access from the adjacent commercial development, with no access from Ralph Stephens Road or NC Hwy 55 bypass as the NC Hwy 55 bypass is a controlled access highway. Proiect History Onsite wetlands were delineated by WithersRavenel in December 2018, and a Preliminary JD Request was submitted to the USACE. James Lastinger with the USACE conducted a field verification of the delineation on 02/26/19. We are not requesting issuance of the PJD in conjunction with issuance of the NWP 39. NCDWR issued a Buffer Determination letter dated 09/03/15 for the Collins Park project (NCDWR Proj #15-365), which is adjacent to the north and west of the proposed project. The Collins Park buffer determination letter included the stream depicted within the subject property (Feature A), and determined the downstream section to be ephemeral/not subject. Therefore, a formal buffer determination was not requested, as this feature was previously determined to not be subject to riparian buffers. A copy of the Collins Park buffer determination letter has been provided as an Appendix. The USACE issued a NWP 39 (AID: SAW -2003-20448) authorizing 0.25 acres of permanent wetland impacts for construction of a retail development on the subject property on 5/13/19 under the project name "Ralph Stephens Rd -Hwy 55 Retail". WR has confirmed with the USACE that a formal modification of the NWP 39 is not required for the change in project type since the proposed impacts will not change. NCDWR issued a 401 WQC (Prof #04-2029 V2) for authorizing 0.25 acres of permanent wetland impacts for construction of a retail development on the subject property on 06/11/19 under the project name "Ralph Stephens Rd -Hwy 55 Retail". We are requesting modification of the 401 WQC to reflect the change in project to a Fins Car Wash. Proposed Impacts The proposed impacts consist of 0.25 acres of permanent wetland impacts, which are necessary for site fill to construct the car wash building, access road and vacuum stations. Avoidance and Minimization The project consists of an in -fill project, as the proposed project is bordered to the north and west by the Collins Park commercial development which is currently under construction. This is a non -typical project in that the car wash requires one-way linear movement of vehicles through the carwash and vacuum stations. Additionally, since the project only has access to the commercial development, traffic must be routed in a circular pattern to route vehicles in and out of the site in a single point of access. Due to the small size of the parcel, the proposed project will result in removal of all onsite wetlands to accommodate the necessary infrastructure for the Page 2 of 3 Fins Car Wash - Ralph Stephens Rd t 0 Withers Rave n e l Holly Springs, Wake County Our People. Your Success. proposed Fins Car Wash. The developable area within the project site is significantly reduced due to the required 50 -ft street yard setback from the NC Hwy 55 bypass and Ralph Stephens Road. The site has been designed to construct the SCM within the street yard setback to maximize the developable area for the carwash and infrastructure. During construction, silt fencing will be installed around all disturbed areas to prevent sediment from escaping into the offsite wetlands. Additionally, construction access will occur through uplands. Mitigation The previous NWP 39 required the purchase of 0.50 acres of wetland mitigation for the authorized 0.25 acres of permanent wetland impacts. The 0.50 acres of wetland mitigation have been purchased, and the mitigation payment receipt and executed MRTF have been provided as an Appendix. Therefore, the mitigation requirements for this project have been satisfied. The current request is for 0.25 acres of permanent wetland impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • Parcel Information • Approved Wetland Delineation Exhibit • USGS Quads • Wake County Soil Survey • Collins Park NCDWR Buffer Determination Letter • Previous USACE NWP 39 • Previous NCDWR 401 WQC • RES Mitigation Payment Receipt and MRTF • Wetland Impact Exhibit Page 3 of 3 DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change mly if needed. BIMS # Assigned 20042029 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Fins Car Wash — Ralph Stephens Rd 1a. Who is the Primary Contact?* Troy Beasley 1b. Primary Contact Email:* tbeasley@\Mthersravenel.com Date Submitted 9/3/2019 Nearest Body of Water Basal Creek (Stream Index 24-43-15-3) Basin Neuse Water Classification B;NSW Site Coordinates Latitude: Longitude: 35.633231-78.828466*W FA. Processing Information County (or Counties) where the project is located: Wake Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) Version# * 3 What amout is owed?* r• $240.00 * $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (910)509-6512 1c. Has the NWP or GP number been verified by the Corps? F Yes f No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 39 - Commercial/Institutional Developments F 401 Water Quality Certification - E)iress r- Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes r No For the record only for Corps Permit: f' Yes r No 1f. Is this an after -the -fact permit application?* r- Yes 6 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 6 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 Meadow Spring Mitigation Certificate - NC MNy 55 Retail.pdf 103.34KB NC Hwy 55 Retail - MRT Form.pdf 170.43KB 1h. Is the project located in any of NC's twenty coastal counties? r Yes 6 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? r- Owner 17 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: Speedway LLC 2b. Deed book and page no.: Book: 017333; Page: 00331 2c. Responsible party: Tommy Lefevers - Sr. Director - Real Estate 2d. Address Street Address 500 Speedway Drive Address Line 2 Cty Enon Postal / Zip Code 45323 2e. Telephone Number: (937)865-3000 2g. Email Address:* tlefevers@speedway.com 3. Applicant Information (if different from owner) 3a. Name: State / Province / Pagbn Ohio Country USA 2f. Fax Number: David Parsons — CEO 3b. Business Name: OBN Properties, LLC 3c.Address Street Address 6600 AAA Drive Address Line 2 CRY Charlotte Postal / Zip Qxde 28212 3d. Telephone Number: (704)307-5890 3f. Email Address:* dparsons@aaacarolinas.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: If appropriate) 1c. Nearest municipality/town: Holly Springs 2. Project Identification 2a. Property Identification Number: 0658058498 2c. Project Address Street Address NN quadrant of Ralph Stephens Rd and I -My 55 Bypass Address Line 2 City Folly Springs Postal / Zip Code 27540 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Basal Creek (Stream Index: 24-43-15-3) 3b. Water Resources Classification of nearest receiving water:* B;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. 030202010901 4. Project Description and History State / Rovince / f9pn NC Country USA 3e. Fax Number: 2b. Property size: 1.97 ac State / Frmince / legion 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:* The project site consists of undeveloped woodlands. The general land use in the vicinity consists of a mixture of residential and commercial land uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* F Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). The USACE issued a NWP 39 (AID: SAW -2003-20448) authorizing 0.25 acres of permanent wetland impacts for construction of a retail development on the subject property on 5/13/19 under the project name "Ralph Stephens Rd -Hwy 55 Retail". WR has confirmed with the USACE that a formal modification of the NWP 39 is not required for the change in project type since the proposed impacts will not change. NCDWR issued a 401 WQC (Prof #04-2029 V2) for authorizing 0.25 acres of permanent wetland impacts for construction of a retail development on the subject property on 06/11/19 under the project name "Ralph Stephens Rd -Hwy 55 Retail". We are requesting modification of the 401 WQC to reflect the change in project to a Fins Car Wash. Project History Upload Ralph Stephens Rd -Hwy 55 Retail_NCDWR 401 WQC_2019-06-11.pdf 457.14KB Ralph Stephens Rd -Hwy 55 Retail—USACE NWP 39_2019-05-13_scanned.pdf 2.19MB 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Location.pdf USGS.pdf 960.96KB 124.14KB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils.pdf 317.31 KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.25 49. List the total estimated linear feet of all existing streams on the property: NVA 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a Fins Car Wash to serve the Holly Springs citizens. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project consists of construction of the access from the adjacent commercial development (currently under construction), an approach lane to the pay station, an automated pull-thru car wash and free vacuums, as well as stormwater management and utilities (sewer, water, electrical, etc). The project site has been allowed a single point of access from the adjacent commercial development, with no access from Ralph Stephens Road or NC Hwy 55 bypass as the NC Hwy 55 bypass is a controlled access highway. 4j. Please upload project drawings for the proposed project. Fins CW - HS - Wetlands Impact Exhibit.pdf 860.41 KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Sb. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW -2003-20448 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Lyle Phillips Agency/Consultant Company: WithersRavenel Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR James Lastinger with the USACE conducted a field verification of the delineation on 02/26/19 as part of the Preliminary JD Request that was submitted by WR for the property. While a formal Jurisdictional Determination was not issued for the project site, the issuance of the NWP 39 serves as the Jurisdictional Determination. NCDWR issued a Buffer Determination letter dated 09/03/15 for the Collins Park project (NCDWR Proj #15-365), which is adjacent to the north and west of the proposed project. The Collins Park buffer determination letter included the stream depicted within the subject property (Feature A), and determined the downstream section to be ephemeral/not subject. Therefore, a formal buffer determination was not requested, as this feature was previously determined to not be subject to riparian buffers. A copy of the Collins Park buffer determination letter has been provided as an Appendix. 5d1. Jurisdictional determination upload NCDWR Buffer Determination for Collins Commercial_2015-09-03.pdf 756.41 KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands r Streams -tributaries r Buffers r- Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area Impact 1 Fill P Headwater Forest Wetland A Yes Both 0.250 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.250 2h. Comments: 2g. Total Permanent Wetland Impact 0.250 E. Impact Justification and Mitigation - 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project consists of an in -fill project, as the proposed project is bordered to the north and west by the Collins Park commercial development which is currently under construction. This is a non -typical project in that the car wash requires one-way linear movement of vehicles through the carwash and vacuum stations. Additionally, since the project only has access to the commercial development, traffic must be routed in a circular pattern to route vehicles in and out of the site in a single point of access. Due to the small size of the parcel, the proposed project will result in removal of all onsite wetlands to accommodate the necessary infrastructure for the proposed Fins Car Wash. The developable area within the project site is significantly reduced due to the required 50 - ft street yard setback from the NC Fhny 55 bypass and Ralph Stephens Road. The site has been designed to construct the SCM within the street yard setback to maAmize the developable area for the carwash and infrastructure. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, silt fencing will be installed around all disturbed areas to prevent sediment from escaping into the offsite wetlands. Additionally, construction access will occur through uplands. 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? F Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR rJ Corps 2d. If yes, which mitigation option(s) will be used for this project? rJ Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland and Stream Umbrella Mitigation Bank (Meadow Springs Site) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.50 Attach Receipt and/or letter Meadow Spring Mitigation Certificate - NC Hwy 55 Retail.pdf NC Hwy 55 Retail - MRT Form.pdf 103.34KB 170.43KB 3c. Comments The required 0.50 acres of wetland mitigation was previously purchased, and the Mitigation Payment Receipt and executed MRTF has been provided as an Appendix. 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? f Yes 6 No If no, explain why: There are no buffered features within or adjacent to the proposed project area. 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: CZ Local Government r State Local Government Stormwater Programs V Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Town of Folly Springs Comments: The stormwater management plan is still being finalized, but will consist of one SCM, which is anticipated to be a stormwater wetland SCM. The stormwater management plan will be reviewed and approved by the Town of Folly Springs as the certified local government. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/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 proposed project is located within a small parcel surrounded by a commercial development that is currently under construction. The project is not anticipated to be a catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r- 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. Town of Holly Springs sanitary sewer 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 M No 5d. Is another Federal agency involved?* r Yes r No r Unknown What Federal Agency is involved? USACE Se. Is this a DOT project located within Division's 1-8? r' Yes r No 5f. Will you cut anytrees 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 5i. 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? Issuance of the previous USACE MNP 39 confirms that the proposed project will not impact endangered species or designated critical habitat. 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?* There are no waters classified as EFH in Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Issuance of the previous USACE NWP 39 confirms that the proposed project will not impact historic or archeological resources. 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?* www.ncfloodmaps.com Miscellaneous Comments Miscellaneous attachments not previously requested. PCN Cover Letter.pdf 122.11 KB Parcel Info Exhibit.pdf 305.2KB Wetland Exhibit.pdf 370.18KB 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: Troy Beasley Signature -o�- Date 9/3/2019 140 WithersRavenel 00 Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, OBN Properties, LLC. (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the ±1.97 acre property (PIN:0658058498), located northwest of the intersection of Hwy 55 and Ralph Stephens Road in Holly Springs NC. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: 'r Signature of Client: f� (Na e (Title) ( gn ure) 6600 AAA Drive Mailing Address Charlotte NC 28212 City State Zip Phone: Email: C- Aar-&QAJ ac ®+1 i ® edoi 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 ( www,withersravenel.com ( License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington .010 WithersRavrenel . if Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Speedway LLC;, do(es) hereby authorize WithersRavenel, Inc. to access the ±5.97 acre property, Wake Co. PIN. -065805849$ located northwest of the intersection of Hwy 55 and Ralph Stephens Road in Holly Sprin&s, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water [duality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. This agreement is subject to the pending Offer to Purchase for the subject premises, and shall continue in effect until completion/terminations of such Offer to Purchase. Date: 1/28/19 Contract Purchaser's Agent Info: Signature of Owner CPROVEII o WithersRavenel Inc. c. Tommy Lefevers, Sr. Director - Real Estate 115 MacKenan Drive Cary, NC 2751. Tel. [919]469-3340 Signature 500 Speedway Drive Enon OH 45323 Phone: 937-864-3000 Email: tI efevers@speedways om Marne .i l Ufive I Cale, IVC 27511 i-�:,+'./. �J. I I .' �1_`� •3F7,r?7©i]% � Lr�t"Jl�".1. '� `�. ' SC2"enel-��''1 � �IC��'f15E (\i f}. C-��3! Caf ; vi 111111 tql' GRAPHIC SCALEh40FWALR FLATRfJC ik tis +�Skw I� sr 0 1000 2000 1 inch = 2000 ft. .�_ .... i l 9�-y I�,'� GwdsoY AYE 4. 4 � "vim �.';. '� d � •� —r �l-�°' �� �� � �' i � I. i �—�J�' rti1�f" al _ lr�✓ 1.r�� f/ `— ti •res _ _ ii 1 4. ., PARK PL, N-- -TUQUAY-VARtNA 400 0 450 45p HIGH POCKET DR �B � r/ -- 4� q \�F1S'CIj y �F� n 4'� HONEYCUTT RD 450 450 � G, yl WADE NASH RD S�- ��pMES R 5 z z� (q � d DICKENS RD T FINS CAR WASH USGS QUAD (2016) —APEX WithersRavenel1/ Engineers i Planners i Surveyors HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA GRAPHIC SCALE 0 100 200 1 inch = 200 ft. 1450 � 4 m � a ■ a E s a s s g 8 i s � P R 5 i FINS CAR WASH USGS QUAD (2016) - APEX 110 WithersRavenel i Engineers HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA Planners Surveyors GRAPHIC SCALE 0 100 200 1` I 1 inch = 200 ft. WIN 04 FINS CAR WASH WAKE COUNTY WAKE CO. SOIL SURVEY (1970) - SHEET 90 N 0",B. 40 WithersRavenel 1/ Engineers I Planners I Surveyors COLLINS PARK -HOLLY SPRINGS, LLC PIN: 0658-05-2674 D.B. 16060 PG. 689 LOT 1 HOLLY SPRINGS IHOP B.M. 2015 PG. 2090 \ y 8" GV 2" BLOW,77F \� EIP� \ a \ 43rD WETLANDS BOUNDARY PREPARED BY WITHERS RAVENAL - DATED 3/7/19 IMPACT 1 PERMANENT WETLAND IMPACT 0.25 ACRES (10,912 SF) f � r i i i i i S88°44'41" XV 35.60 -� IL _7T_ o� a s ° T. \ \EF\ ���PROPOSED WATER \ \ \ \ \ ,QUALITY BMP \ \ \ VEGETATIVE FILTER \ STRIP & LEVEL SPREADER \� / / /' I'll✓ / A V AV / \ PROPOSED WATER � it QUALITY BMP - \ Q � \ EXTENDED WETLANDS DENTENTION II �. v \ v v c� \ \� \R/W \ v v � �' A ' NUME T 0 I / o i \ �cb L 2 43 43 43 -\5MPH SJ O 50'48"VV 7.71 2 - " 73.45' Sti3 - S88°40'01"W 48.7T S86°1545 W � ---436---- ------ — -- —4 =-- W W N 0 20 40 60 SCALE: 1" = 20' z 6VA\�F��� V TF�tic II \ \ y 8" GV 2" BLOW,77F \� EIP� \ a \ 43rD WETLANDS BOUNDARY PREPARED BY WITHERS RAVENAL - DATED 3/7/19 IMPACT 1 PERMANENT WETLAND IMPACT 0.25 ACRES (10,912 SF) f � r i i i i i S88°44'41" XV 35.60 -� IL _7T_ o� a s ° T. \ \EF\ ���PROPOSED WATER \ \ \ \ \ ,QUALITY BMP \ \ \ VEGETATIVE FILTER \ STRIP & LEVEL SPREADER \� / / /' I'll✓ / A V AV / \ PROPOSED WATER � it QUALITY BMP - \ Q � \ EXTENDED WETLANDS DENTENTION II �. v \ v v c� \ \� \R/W \ v v � �' A ' NUME T 0 I / o i \ �cb L 2 43 43 43 -\5MPH SJ O 50'48"VV 7.71 2 - " 73.45' Sti3 - S88°40'01"W 48.7T S86°1545 W � ---436---- ------ — -- —4 =-- W W N 0 20 40 60 SCALE: 1" = 20' lz w >I'lO0 Q�0N � omLn LnLnW L� Z Co } n J4 U in J U Q Q0� ' 3 WW<co N U " 3 O aN ZN JLu`o"o 0 0Z �"r � 62 Q W M aa�� Voor, So oc ID Q a a 2 a U a U `^ z O cc cc cc C) C) cc z z w � Q LLJ Wcc J U) _ z J W.<z O z n Z w � � o U n Y 0 w D i *' I lz w >I'lO0 Q�0N � omLn LnLnW L� Z Co } n J4 U in J U Q Q0� ' 3 WW<co N U " 3 O aN ZN JLu`o"o 0 0Z �"r � 62 Q W M aa�� Voor, So oc ID Q a a 2 a U a U `^ z O cc cc cc C) C) cc z z w � Q LLJ Wcc J U) _ z J W.<z O .F 3 f } ) 4 ♦ '� 11 Ir 1r �- a Y,\ 1, PIN: 0658058498 H eat Area: 0 PIN Ext: 000 Site Address: 0 RALPH STEPHENS RD Real Estate ID: 0298005 City: HOLLY SPRINGS Map Name: 0658 09 Township: Holly Springs Owner: A T WILLIAMS OIL COMPANY Year Built: 0 Mail Address 1: PROPERTY TAX DEPT Sale Price: $0 Mail Address 2: 539 S MAIN ST Sale Date: Mail Address 3: FINDLAY OH 45840-3229 Use Type: Deed Book: 009645 Design Style: Deed Page: 00289 Land Class: Vacant Deed Date: 10/04/2002 Old Parcel Number: 141-00000-0000 Deed Acres: 1.97 Building Value: $0 Land Value: $1,397,894 Total Value: $1,397,894 Billing Class: Business Description: L01 PROP STAFFORD LAND CO INC BM2002 -01665 N 0 110 220 440 ft I t t t I t t t I 1 inch = 200 feet Disclaimer iMaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, are provided for the data therein, its use, or its interpretation. GRAPHIC y' 0 100 200 1 inch 200 ft. B • � T i M P '�1 N • �4 FA N # WETLAND A- POTENTIALLY JURISDICTIONALftwml - 1 dW/ F _ aHENS ROA oQ • • RALPH STEP X V A w lW' r p o o x o14 R . NOTES: oa - r 1) WETLAND DELINEATION PERFORMED BY WR ON 12/06/2018. w 2) WETLAND LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, WAKE CO. GIS o i DATA AND TOPOGRAPHIC INTERPRETATION. 0 3) WETLAND DELINEATION AND JURISDICTIONAL STATUS FIELD VERIFIED BY JAMES LASTINGER OF USACE ON 02/26/2018. 1 ` Za 5 k" FINS CAR WASH [HOLLY WETLAND DELINEATION EXHIBIT WithersRavenel o SPRINGS WAKE COUNTY NORTH CAROLINA 1/ Engineers I Planners Surveyors fires MITIGATION CREDIT TRANSFER CERTIFICATE NEU-CON WETLAND AND STREAM UMBRELLA BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, EBX-Neuse I, LLC the Sponsor of the Neu -Con Wetland and Stream Umbrella Mitigation Bank (Meadow Spring Site) hereby certifies the following: 1. AAA Carolinas has deposited monies with the Sponsor sufficient to acquire 0.50 Riparian Wetland Mitigation Credits from the Bank for use on its NC Hwy 55 Retail project (Action ID SAW -2003-20448), in Holly Springs, NC, in HUC 03020201 of the Neuse River Watershed. 2. The NC Hwy 55 Retail project requires a total of 0.50 Riparian Wetland Mitigation Credits as mitigation. Of this amount 0.50 Riparian Wetland Mitigation Credits are being provided by the Meadow Spring Site. 3. The Sponsor has deducted 0.50 Riparian Wetland Mitigation Credits from the Bank's credit ledger for HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledgers reflecting the above transaction are attached to this Certificate. EBX-Neuse I, LLC IM ._f Caitlan B. Parker, Authorized Agent Date: 07/03/2019 Copies: James Lastinger, US Army Corps of Engineers (electronic) Kimberly Browning, US Army Corps of Engineers (electronic) Troy Beasley, Withers Ravenel U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Cross Real Estate Group Attn: Todd Harrelson Action ID: SAW -2003-20448 Project Name: NC Hwy 55 retail project County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8 -digit HUC and Basin: 03020201. Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.5 0.25 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.5 Mitigation Site Debited: Neu -Con Wetland & Stream Umbrella Bank -Meadow Spring site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Na of Sponsor's Authorized Representative:'/10-4n /d • �,`�� ignature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor; and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 10S, Wake Forest, NC27587 (email. todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: James.C.Lastinger@usace.army.mil LASTINGER.JAMES. Digitally signed by LASTI NG ER.JAM ES.C.1363642400 0.1363642400 Date: 2019.07.01 15:57:17-04'00' USACE Project Manager Signature July 1, 2019 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 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.httli://regulatory.usacesurvey.com/ to complete the survey online.