20091346 Ver 1_More Info Received_20120201

Strickland, Bev
From: Mcmillan, Ian
Sent: Wednesday, February 01, 2012 2:10 PM
To: Strickland, Bev; Witherspoon, Lauren
Subject: FW: New Hill Place- EEP phased mitigation condition (UNCLASSIFIED)
Attachments: COE. Phase. Language.doc
DWQ No. 09 -1346
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch 1650 Mail Service Center Raleigh, NC 27699 -1650
Office: (919) 807 -6364
Fax: [phone]
Email: [e-mail] SENT TO MY PHONE
Email: [e-mail]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties.
- - - -- Original Message---- -
From: Ben Wilson [ mailto :[e-mail]]
Sent: Wednesday, February 01, 2012 11:11 AM
To: 'Shern, James F SAW'
Cc: 'David George; Mcmillan, Ian; 'Derks, Bill'
Subject: RE: New Hill Place- EEP phased mitigation condition (UNCLASSIFIED)
Jamie here is the language based on what you sent yesterday (also attached as a word document):
The permittee shall make payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) in the amount determined
by the NCEEP, sufficient to perform the restoration for impacts of 0.871 acres of Riparian Bottomland Forest and
2,748 linear feet of cool water stream channel in the Cape Fear River Basin, Cataloging Unit 03030004. This will result in total
mitigation amounts of
1.75 acres and 3,986 linear feet of stream. The permittee will pay into EEP in phases.
Phase 1 will include mitigation for 1,278 linear feet of stream impacts and
1.25 acres of wetland impacts for the construction of the Target store and shops on the southwest end of the property adjacent to
New Hill Road.
Impacts in Phase 1 would be impact areas 4, 6, 7, 8, and 8A on the permit(to take place immediately after construction permit
issuance)
Phase 2 will include mitigation for 2,544 linear feet of stream impacts and
0.5 acre of wetland impacts associated with construction of the shops on the northeast end of the property and the Holly Springs
Thoroughfare. Impacts in Phase 2 would be impact areas 1, 2, 3, 5, 10, 11, 11A, I IB, and 12.
(estimated to begin in 2013). Prior to impacts occurring in Phase 2, the permittee will provide an updated acceptance letter to
the Corps.
Phase 3 will include mitigation for 164 linear feet of stream impacts associated with Construction of the out parcel areas at the
northwest corner of the site adjacent to new Hill Road. Impacts in Phase 3 would be impact areas 15, 16 and 17 (estimated to
begin in 2013). Prior to impacts occurring in Phase 3, the permittee will provide an updated acceptance letter to the Corps.
Construction within jurisdictional areas on the property shall begin only after the permittee has made payment to the NCEEP
and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the NCEEP In -Lieu Fee
Instrument, approved by the United States Army Corps of Engineers, Wilmington District on July, 28, 2010.

Benjamin V. Wilson, P.E. I Principal Engineer I ATC Associates Inc. I Raleigh
919 - 573 -1187 direct 1919-697-5446 mobile
2725 East Millbrook Road I Suite 1211 Raleigh, NC 27604
919 - 871 -0999 tel [phone] fax I www.atcassociates.com
- - - -- Original Message---- -
From: Shern, James F SAW [ mailto: James. F.Shern@usace. army. mill
Sent: Monday, January 30, 2012 6:50 PM
To: [e-mail]
Subject: RE: New Hill Place- EEP phased mitigation condition (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Ben- Here is a phased condition similar to what you need. Can you revise
this to include the three phases instead of two? See if you can plug in
your numbers, check the math, and I will give it a final look and try to get
Jean to sign this week.
The permittee shall make payment to the North Carolina Ecosystem Enhancement
Program ( NCEEP) in the amount determined by the NCEEP, sufficient to perform
the restoration of 1.9 acres of Riparian Headwater Forest and 2,796 linear
feet of cool water stream channel in the French Broad River Basin,
Cataloging Unit 06010105. The permittee will pay into EEP in phases. Phase I
will include mitigation for 2,225 linear feet of stream impacts for the
cargo area and associated infrastructure (to take place immediately after
permit
issuance) and Phase 2 will
include mitigation for 571 linear feet of stream impacts and 0.9 acre of
wetland impacts associated with rehabilitation of the existing facility
(estimated to begin in 2013). Prior to impacts occurring in Phase 2, the
permittee will provide an updated acceptance letter to the Corps.
Construction within jurisdictional areas on the property shall begin only
after the permittee has made payment to the NCEEP and provided a copy of the
payment documentation to the Corps, and the NCEEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the NCEEP In -Lieu Fee
Instrument, approved by the United States Army Corps of Engineers,
Wilmington District on July, 28, 2010.
- - - -- Original Message---- -
From: Ben Wilson [ mailto :[e-mail]]
Sent: Thursday, January 19, 2012 7:12 AM
To: 'Williams, Kelly'
Cc: 'Dennison, Laurie'; Tugwell, Todd SAW; Shern, James F SAW
Subject: RE: New Hill Place- EEP invoice for mitigation

Thanks Kelly
Benjamin V. Wilson, P.E. I Principal Engineer I ATC Associates Inc.
Raleigh
919 - 573 -1187 direct 1919-697-5446 mobile
2725 East Millbrook Road I Suite 1211 Raleigh, NC 27604
919 - 871 -0999 tel [phone] fax I www.atcassociates.com
<bloekedhttp://www.ateassoelates.eom/>
From: Williams, Kelly [ mailto:kelly.williams @ncdenr.gov]
Sent: Wednesday, January 18, 2012 3:50 PM
To: Ben Wilson
Cc: Dennison, Laurie; Tugwell, Todd SAW; Jamie Shern
Subject: New Hill Place- EEP invoice for mitigation
Ben-
Attached is an invoice for New Hill Place. Please review it carefully.
This
invoice represents the payment necessary for EEP to provide the amount of
mitigation specified in the 404 and 401 permits in the hydrologic unit
specified on the invoice. This invoice will expire on March 18, 2012.
Subsequent invoices will be based on the fee schedule in place at the time a
new invoice is requested. I understand you and your client are looking into
the possibility of phasing the construction and associated mitigation. If
those discussions result in a modification to the permit conditions that
allow for phased mitigation, please forward me the modifications so that I
can modify the invoice. Note that you will need to request invoices for
each
phase as they are needed; we do not have a way to prompt our systems to
issue
an invoice on a future date.
Once payment is received, we will issue a receipt- that receipt will serve
as
written confirmation that EEP will accept responsibility for the mitigation
we have agreed to provide. All payments made to NCEEP are subject to the
refund policy <blockedhttp: / /www.neeep. net /news /reports /forms /ILFform.pdf>
posted on our Web site.
If you need further assistance, please don't hesitate to contact me. I am
transmitting this invoice electronically to expedite your receipt of it and

to reduce program costs; if you prefer this invoice be sent by mail, please
let me know.
If the permittee needs an extension to this invoice, please email me to
request one.
Thank you- we appreciate the opportunity to serve you.
Sincerely,
Kelly
Kelly Williams
NCEEP In -Lieu Fee Program Coordinator
919 - 716 -1921
1652 Mail Service Center
Raleigh, NC 27699 -1652
fax[phone]
E -mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Classification: UNCLASSIFIED
Caveats: NONE

The permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NCEEP,
sufficient to perform the restoration for impacts of 0.871 acres of
Riparian Bottomland Forest and 2,748 linear feet of cool water stream
channel in the Cape Fear River Basin, Cataloging Unit 03030004. This
will result in total mitigation amounts of 1.75 acres and 3,986 linear
feet of stream. The permittee will pay into EEP in phases.
Phase 1 will include mitigation for 1,278 linear feet of stream impacts
and 1.25 acres of wetland impacts for the construction of the Target
store and shops on the southwest end of the property adjacent to New
Hill Road. Impacts in Phase 1 would be impact areas 4, 6, 7, 8, and 8A
on the permit(to take place immediately after construction permit
issuance)
Phase 2 will include mitigation for 2,544 linear feet of stream impacts
and 0.5 acre of wetland impacts associated with construction of the
shops on the northeast end of the property and the Holly Springs
Thoroughfare. Impacts in Phase 2 would be impact areas 1, 2, 3, 5, 10,
11, 11A, 11B, and 12. (estimated to begin in 2013). Prior to impacts
occurring in Phase 2, the permittee will provide an updated acceptance
letter to the Corps.
Phase 3 will include mitigation for 164 linear feet of stream impacts
associated with Construction of the out parcel areas at the northwest
corner of the site adjacent to new Hill Road. Impacts in Phase 3 would
be impact areas 15, 16 and 17 (estimated to begin in 2013). Prior to
impacts occurring in Phase 3, the permittee will provide an updated
acceptance letter to the Corps.
Construction within jurisdictional areas on the property shall begin
only after the permittee has made payment to the NCEEP and provided a
copy of the payment documentation to the Corps, and the NCEEP has
provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the
NCEEP In -Lieu Fee Instrument, approved by the United States Army Corps
of Engineers, Wilmington District on July, 28, 2010.