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Home My WebLink About20091346 Ver 4_Modifications_20121107Strickland, Bev From: Higgins, Karen Sent: Tuesday, November 13, 2012 10:59 AM To: Strickland, Bev Subject: FW: Holly Springs (SAW- 2008 - 00967) - Request to pay Impact #2 (UNCLASSIFIED) Attachments: Holly Springs_Corps NCDENR Phasing Letter 110512.pdf; Corps of Engineers—Phased Mitigation Approval_020712.pdf; 091346Ver4NewHillPlace (Wake)401_IC_Revised3.pdf For 2009 -1346 -,-4. It hasn't been set up in BIMS as a -,-4, so I'll check with Laurie when she gets back next -week. Karen Higgins Supervisor, Wetlands, Buffers, Storm-water - Compliance & Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center, Raleigh, NC 27699 -1650 Phone: (919) 807 -6360 Email: karen.higgins ancdenr.gok- Website: http: // portal. nedenr .org /,,N- eb /,,N- q /s,,Np /`,N -s /,,N- ebscape E -mail correspondence to and from this address may be subject to the North Carolina Public Records La-w and may be disclosed to third parties. P Please consider the environment before printing this email. - - - -- Original Message---- - From: David George [mailto:dgeorge akiterealty.com] Sent: Wednesday, November 07, 2012 2:24 PM To: Higgins, Karen Subject: F- d: Holly Springs (SAW- 2008 - 00967) - Request to pay Impact 42 (UNCLASSIFIED) Karen, I sent this earlier in the -week, but had an incorrect email for you. James has already sent me a letter staying he is OK. Thank you, David David George (317) 460 -0318 Sent from my iPhone Begin fonv-arded message: From: "David George" <dgeorge a kiterealty .com <mailto:dgeorge a kiterealty.com>> To: "Lastinger, James C SAW" <James.C.Lastinger a usace. army .mil <mailto:James.C.Lastinger a usace.army.mil>> "karen.higgins ancdenr .com <mailto:karen.higgins ancdenr.com >" <karen. higgins lci'ncdenr. com< mailto: karen. higgins ci'ncdenr. com>> Subject: RE: Holly Springs (SAW- 2008 - 00967) - Request to pay Impact 42 (UNCLASSIFIED) James / Karen, Thank you very much for your responses last week. We are , orking on starting our sanitary connection line this -week, -which has necessitated us looking at impacting Impact 42 this year as opposed to -when the road is constructed next year. I talked to Kelly Williams at EEP and she said something formal needs to come from you in order for her to accept payment. I have attached your previous approval letter from February 7, 2012.. I have also attached a revised phasing payment request letter dated today. In it, I separate out Impact 42 and request it to be paid this Sear. We are clearing no-w and ,Hill start construction of the sanitary line next Monday. Please tell me if a formal approval letter can be finalized by then. If not, -,ve -will more forward -with boring the line under the stream keep on the currently approved impact schedule. Please email or call my cell -with any questions. Thank you, David David C. George, P.E. I Senior Project Manager - Development 317 713 5646 [direct] 317 460 0318 [cell] 317 577 5600 [main] 317 577 7879 [fax] Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 - - - -- Original Message---- - From: Lastinger, James C SAW [mailto: James. C. Lastinger'dusace.army.mill Sent: Friday, November 02, 2012 2:12 PM To: David George Subject: RE: Holly Springs (SAW- 2008 - 00967) - Request to pay Impact 42 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE David, Sorry for the delay in my response, I have been out on sick leave the last fe-w days. I don't see a problem -with making the EEP payment for impact 2 so long as no other impacts are done in phase IL I realize that the phased mitigation payments have drop dead dates, but so long as the payments are made before the impacts occur you should be good to go. Let me kno-w if you need anything else. James Lastinger Regulatory Specialist Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Dril%-e, Suite 105 Wake Forest, NC 27587 Tel: (919) 554 -4884, x32 Fax: (919) 562 -0421 Regulatory Homepage: http: / /,,N,,N-xN- .sa,,N- .usace.army.mil WETLANDS Please help us better serve you! Take our brief online Customer Service Surrey. (http: / /,,N-xN�N -. sa,,N -. usace. army. mil /scripts /r,,N- s3.pl "FORM= regulatory) - - - -- Original Message---- - From: David George [mailto:dgeorge akiterealty.com] Sent: Monday-, October 29, 2012 4:08 PM To: Lastinger, James C SAW, Ian McMillan (Ian. McMillan a ncdenr.go-,- <mailto: Ian. McMillan a;ncdenr.go-,- >) Cc: Jim Hannigan Subject: Holly- Springs (SAW- 2008 - 00967) - Request to pay- Impact 42 James / Ian, Please find attached our approved payment schedule for the Holly- Springs project (SAW- 2008 - 00967). The approval -was to separate the impact into 3 phases of the project. Phase I -was for the Phase I site development (Impact 4, 6, 7, 8 & 8A) and -was to be paid in 2012. That has taken place. Phase II was for the Phase II site development (Impacts 1, 2, 3, 5, 10, 11, 11A, I IB & 12) and -was to be paid by 12/31/13. Phase III -was for the residential portion (Impacts 15, 16 & 17) and -was to be paid by 12/31/13. We are currently- bidding out the thoroughfare and plan to build that in 2013 as the payment schedule notes. However, -'ve would like to build our sanitary- line no-w. Our sanitary- line is part of Impact 42. I would like to request authorization to pas- Impact 42 early- in order to build the sanitary- line this year. Please let me no-w if y-ou have any questions and if this -would be acceptable. Thank y-ou, David David C. George, P.E. I Senior Project Manager - Development 317 713 5646 [direct] 317 460 0318 [cell] 317 577 5600 [main] 317 577 7879 [fax] Kite Realty- Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Classification: UNCLASSIFIED Caveats: NONE Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 Action ID: SAW- 2008 -00967 Springs Investors LLC c/o Mr. Kyle Ward 1000 Darrington Drive, Suite 105 Cary, North Carolina 27513 Dear Mr. Ward; February 7, 2012 Reference the Department of the Army (DA) permit issued to you on January 10, 2011, for impacts associated with the New Hill Place mixed use development. The project is located northwest of GB Alford Highway (Hwy 55 Bypass), adjacent to the intersection of GB Alford Highway and New Hill Road (SR 1152), in Holly Springs, Wake County, North Carolina (35.664727N, - 78.848884W). The site encompasses 168.83 acres, comprised of four parcels of predominantly wooded land (ranging from 18 to 98 acres) and nine small historically residential parcels, adjacent to the four -lane NC Hwy 55 Bypass. The site lies within the Little Branch watershed in the Cape Fear River Basin. The proposed road would cross all four of the tributaries flowing into Little Branch and would impact 1,040 linear feet (If) of perennial stream channel and 0.044 acre of riparian wetlands. The proposed construction of the commercial and residential areas of the development would impact a total of 3,0661f of intermittent stream channel and 0.827 acres of riparian wetland due to grading and lot fill. In order to offset all unavoidable impacts, the applicant has proposed payment to the North Carolina Ecosystem Enhancement Program (NCEEP) for restoration of 3,9861f of stream channel within the Cape Fear River Basin (Cataloging Unit 03030004). Also, reference is made to your permit modification request received by the Corps on January 24, 2012, made by your consultant, Mr. Ben Wilson. Specifically, you requested to modify Special Condition "5" of your permit, which addresses compensatory mitigation for your project, to provide for phasing of the mitigation to coincide with construction and the jurisdictional impacts associated with the three phases of the project. The Corps has completed the evaluation of your request and concurs with your request. Accordingly, Special Condition "5" of your permit is hereby modified to read: R F LJ- Reference the Department of the Army (DA) permit issued to you on January 10, 2011, for impacts associated with the New Hill Place mixed use development. The project is located northwest of GB Alford Highway (Hwy 55 Bypass), adjacent to the intersection of GB Alford Highway and New Hill Road (SR 1152), in Holly Springs, Wake County, North Carolina (35.664727N, - 78.848884W). The site encompasses 168.83 acres, comprised of four parcels of predominantly wooded land (ranging from 18 to 98 acres) and nine small historically residential parcels, adjacent to the four -lane NC Hwy 55 Bypass. The site lies within the Little Branch watershed in the Cape Fear River Basin. The proposed road would cross all four of the tributaries flowing into Little Branch and would impact 1,040 linear feet (If) of perennial stream channel and 0.044 acre of riparian wetlands. The proposed construction of the commercial and residential areas of the development would impact a total of 3,0661f of intermittent stream channel and 0.827 acres of riparian wetland due to grading and lot fill. In order to offset all unavoidable impacts, the applicant has proposed payment to the North Carolina Ecosystem Enhancement Program (NCEEP) for restoration of 3,9861f of stream channel within the Cape Fear River Basin (Cataloging Unit 03030004). Also, reference is made to your permit modification request received by the Corps on January 24, 2012, made by your consultant, Mr. Ben Wilson. Specifically, you requested to modify Special Condition "5" of your permit, which addresses compensatory mitigation for your project, to provide for phasing of the mitigation to coincide with construction and the jurisdictional impacts associated with the three phases of the project. The Corps has completed the evaluation of your request and concurs with your request. Accordingly, Special Condition "5" of your permit is hereby modified to read: " In order to compensate for 0.871 acre of permanent impacts to wetlands and 4,106 linear feet of stream channel, 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 3,986 linear feet of warm stream channels and 1.75 acres of riparian wetlands in the Cape Fear River Basin (Cataloging Unit 03030004). Construction within jurisdictional areas on the property shall begin only after the permittee has made payments per the below mitigation table to the NCEEP and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the In -Lieu Fee Instrument that was approved by the United States Army Corps of Engineers on July 28, 2010. The applicant will make phased mitigation payments to the NCEEP as listed in the table below. The cost of credits will be the current price at the time of payment, not the current price at the time the permit of this modification was issued. No work on any phase of the project shall begin until the payment for that phase has been issued to the NCEEP. Phase Impact Areas Mitigation Required Mitigation Payment Number Deadline 1,278 LF of stream & 1 4, 6, 7, 8, and 8A 1.25 acres of wetland 2/29/2012 1, 2, 3, 5, 10, 11 2,544 LF of stream & 2 1 IA, 11B, and 12. 0.50 acres of wetland 12/31/2013 3 15, 16 and 17 164 LF of stream 12/31/2013 Please note that all other permit conditions and exhibits remain in effect as written. Should you have questions, contact Mr. Jamie Shern, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 31. Sincerely, 'N� � Stephan A. Baker Colonel, U.S. Army District Commander 1616, Mr. Ian McMillan NCDWQ 1650 Mail Service Center Raleigh, NC 27699 -1650 Ms. Kelly Williams NCEEP 1652 Mail Service Center Raleigh, NC 27699 -1652 Mr. Ben Wilson ATC Associates 2725 East Millbrook Road Suite 121 Raleigh, NC 27604 30 S. MEROAN STREET SMTE 1100 NDANAPOU5, W 46204 317-577-5600 FAX 317-577-5605 www kite realty. cam November 5, 2012 "Ad Mr. James Lastinger JWNVJff US Army Corps of Engineers REALTY GROUP 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Ms. Karen Higgins NCDENR 512 N. Salisbury Street Raleigh, NC 27604 Reference: Phasing of Stream and Wetland Impacts New Hill Place Oak Creek / Haw-Cape Fear River Basin Town of Holly Springs Wake County, North Carolina COE Action ID No. SAW-2008-0967 DWQ Project No. 20091346, Ver 3 Dear Mr. Lastinger and Ms. Higgins, The New Hill Place site was previously approved for phased payments in an approval letter dated February 7, 2012. 'hase 1: Time Frame — Immediate (February 2012 after issue of building -jermit) Construction of the Target store and shops on the southwest end of the property adjacent to New Hill Road. Impacts in Phase I would be impact areas 4, 6, 7, 8, and 8A. These are shown in orange on the attachments and impact fees are as follows: Impacts to Streams Phase 1: 1,085 linear feet (Actual Impacts excluding ephemeral) Mitigation Payment for Streams Phase 1: $446,022 (With 193 ft at 2:1 mitigation) Impacts to Wetlands Phase 1: 0.615 acres x. 2 = 1.23 AC Mitigation P@ym e nt for Wetlands Phase 1. 1.25 acres $64,077 = $80,096.25 170977, - a M-P n-mmmyrrimmilmr. "wESMM-JU4A1 Construction of the shops on the northeast end of the property and the Holly Springs Thoroughfare. Impacts in Phase 2 would be impact area 2. These are shown in green on the attachments. Impacts to Streams Phase 2: 312 Impacts to Wetlands Phase 2: 0 acres Phase 3-. Time Frame — Begin between January 2013 and January 2015. 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, 3, 5, 10, 11, 11A, 11 B, and 12. These are shown in blue on the attachments and impact fees are as follows: Impacts to Streams Phase 3: Mitigation Payment for Streams Phase 3: Impacts to Wetlands Phase 3: 1,269 linear feet (Actual Impacts excluding ephemeral) 1,920 If x. $ Current EEP Fee (With 651 ft at 2:1 mitigation) 0.25 acres x 2 Mitigation Payment for Wetlands Phase 3: 0.50 acres x $ Current EEP Fee Phase 4: Time Frame — Begin between January 2013 and January 1110 15. Construction of the out parcel areas at the northwest corner of the site adjacent to new Hill Road. Impacts in Phase 4 would be impact areas 15, 16 and 17. These are shown in yellow on the attachments and impact fees are as follows: Impacts to Streams Phase 4: 82 linear feet (Actual Impacts excluding ephemeral) Mitigation Payment for Streams Phase 4: 164 If x $ Current EEP Fee (With 82 ft at 2:1 mitigation) Impacts to Wetlands Phase 4: 0.0 acres Mitigation Payment for Wetlands Phase 3: $0 1. 1. a - FJ I- a . 11 Total time to build out of impacts is expected to be less than 3.5 years All mitigation fees will be paid prior to the impacts occurring and will be paid at the EEP fee schedule in effect at the time of invoicing by the EEP. Please contact David George at (317) 713-5646 or (317) 460-0318 if you have any questions or if we can be of further service. Respectfully, A , $4tcv� OA41--1 C, David C. George, P.E. Senior Project Manager dcieorqe@kiterealty.coni Attachments: Color Coded Impact Map and Table Un-j -wN 2LID—] - W.—P.—mf— - mg mmig NVqd TIVHaAO 1 0 07 ul pinn gom to;llot KI Srlolrvmvlclml o SN RRMISM,51 OOTI a lfi is VNCUVTID JIMILLS MVICIIIIIHII HMOS or JJgH= 6AAL(PUNHUON NJ,'),-K,VdWOD OTI 'EMIld 11111 AiHM MIN ZZ)Vlcl'lrllH AM SIAIV(lv3w,a Ni-iof alll • V l'.—I- I'm &l:PZp OL UWLI - 5 jp,:41- L i