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HomeMy WebLinkAbout20060002 Ver 2_Complete File_20060821?W' August 21, 2006 Mr. Alan W. Klimek. P.E. Division of Water Quality NC Department of Environment and Natural Resources 401 Oversight/Express Review Permits Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Re: Holly Springs Retail Site, Wake County DWQ #060002 Dear Mr. Klimek, Enclosed please find a copy of the statement of record, which has been recorded according to the requirements set forth in Deed Notifications, Condition number eight (8), modified DWQ Authorization Certificate No. 3564 (NC 401 Water Quality Certification). If you have questions or need additional information, please contact Rossie Corwon at WRS Inc. Sincerely, Qi.LIL(,e_, Rossie Corwon, P.E. WRS Inc. o f?? ?Wr p AQ? 2 3 2006 )er h - YUA"1,00 t;1 i ll`Y Mo 31N??, Al'A elm"twI Tel: (803) 649-1411 • Fax: (803) 642-5908 2361 South Centennial Ave. • Aiken, SC 29803 • P.O. Box 7339 • Aiken, SC 29804 www. wrsreal ty. coin WAKE COUNTY, NC GGS LAURA N RIDDICK REGISTER OF DEEDS PRESENTED 8 RECORDED ON 08/03120eS AT 15:55927 HOOK:012100 PAGEr00303 - 00306 After recording return to: Chicago Title 150 Fayetteville SL Mall, Sic. 570 Raleigh, NC 27601 STATE OF NORTH CAROLINA COUNTY OF WAKE COMPLIANCE WITH WETLAND AND BUFFER REGULATIONS In accordance with Title 15 A NCAC 2H.0500, the following DEED NOTIFICATION shall be recorded in the Wake County Registry prior to the conveyance of the lots. Said Deed Notification shall apply to name of subdivision, lot numbers in Wake County, North Carolina as shown on that certain plat for the "Shoppes at Holly Springs" prepared for Holly Springs Retail Investment L.L.C., by Freeland & Associates, Inc., dated 1-14.2 aa5 .2ur:6. DAi a of tas ? Rev tston t G 41-d 000 "A portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them". [SIGNATURE ON FOLLOWING PAGE] IN WITNESS WHEREOF, the undersigned has executed this tnstnunent as of the 11 day of jjj 2006. Holly Springs Retail Investment, L.L.C., a South Carolina limited liability company By: WRS Inc., a South Carolina co omtton, its manager V s By' io?J D?Ih>` Name: Title: es t t4„sos.•?? Address: 2361 uth Ccn(emr Avenue, Aiken, South Carolina 29803 Telephone: 803-252-2278 STATE OF SOUTH CAROLINA ) COUNTY OF AIKEN 1, Susan L. Hogue. a Notary Public of the County and State aforesaid, certify that Arthur J. Kepes, either being personally known to me or proven by satisfactory evidence, personally came before me this day and acknowledged that he is Vice President or WRS Inc., a South Carolina corporation, the Manager of Holly Springs Retail Investment, L.L.C., a South Carolina limited liability company, and that he, as Vice President being authorized to do so, voluntarily executed the foregoing on behalf of said corporation and limited liability company for the purposes stated therein. Witness by hand and official seal, this the -4t day of 2006. NOTAR}-\?t-, y commission ?'.UBL1Gr`•'• r:?? C ARO?;\': The foregoing certificate of Susan L. Hogue is certified to be correct. This DEED OF NOTIFICATION and this certificate are duly registered at the date and umc and in the book and page shown on the first page hereof. Register of Deeds for Wake County By: Dcputy/Assistant 800K%eJ2100 PAGFz00383 - emG Icllow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecordinL. Wake County Register of Deeds WAKE Laura M. Riddick couNTV Register of Deeds This Customer Group This Documc t I of 77me Stamps Needed New Time Stamp I of pages 21w jrom :-,Eco stem , PROGRAM RECEIPT July 20, 2006 DWQ#: 06-0002 COE#: 200620291 RSK Investments, LLC P O Box 7339 Aiken, SC 29804 Project: Holly Springs Retail Site / WRS County: Wake The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $13,924.00, check number 3233, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US Army Corps of Engineers 404 and/or Division of Coastal Management CANIA permit(s) issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s) including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998. C t l i Wetlands (credits) Stream (credits) River Basin a a og ng Unit Riparian Non- Coastal Cold Cool Warm (sqf ) Riparian Marsh Neuse 03020201 0 1.00 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh File Sincerely, .? . ;;Z Jill illiam D. Gilmore, PE U 0 W Director D JUL 2 5 2006 Rutoring... E ... Protect, Oar Stat& DENR • WATER QUALITY ?YZTLANDS AND STL?RiAVATER BRANCH LVIWI ap& Weld ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net i V@[ROWIR D ,Jul, '' 0 2006 0110 ?'NA1 Ef{ gt1At ItY tV1tJ?t:05 N+0 sTQ;ttxtlATEl1 ERFdlcrl 1?- cos stem ors 'e e PROGRAM REVISED INVOICE July 17, 2006 DWQ9: 06-0002 COE#: 200620291 Mr. Jim Price WRS, Inc. 2631 South Centennial Avenue Aiken, SC 29803 Project: Holly Springs Retail Site County: Wake You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228. Riparian Wetlands Non-Riparian Wetlands Saltwater Wetland Stream Buffer -Zone 1 Buffer - Zone 2 Total amount due 0 acres 1.0 acres 0 acres 0 linear feet 0 square feet 0 square feet x S 27,837.00 X $ 13,924.00 X 5139,235.00 X $ 232.00 X $ .96 X $ .96 $ $ 13,924.00 $ S $ 13,923.00 Please mail a check payable to NCEEP for the total amount to the address below, and enclose a copy of this invoice. NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a signed statement that the check is being written on behalf of, and with full knowledge of, the permit holder. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh Melanie McKinney, S&ME-Greensboro (fax) File 2zutorr;f9... E ... ProteGtGf29 Oar State iKf NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net . 'Eco M _ stem ,. PROGRAM INVOICE R12@20W14 JUL 1 8 2006 July 13, 2006 D WQ#: 06-0002 COE#: n/a Mr. Art Kepes WRS, Inc. 2631 South Centennial Avenue Aiken, SC 29803 Project: Holly Springs Retail Site County: Wake You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228. Riparian Wetlands 0 acres x $ 26,246.00 = $ Non-Riparian Wetlands 0.75 acres x S 13,123.00 = $ 9,842.25 Saltwater Wetland 0 acres x $131,230.00 = $ Stream 0 linear feet x S 219.00 = S Buffer -Zone 1 0 square feet x S .96 = $ Buffer- Zone 2 0 square feet x S .96 = $ Total amount of payment S9,842.25 Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please call 919-715-2228 for an overnight mailing address or for an appointment to hand deliver the payment. Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh File RP.stosrut?... ... Prote iag 01tr ftat& M WENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net W AT ?RQG O `C May 16, 2006 Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken, SC 29804 RE: Holly Springs Retail Site, Wake County DWQ 406002, USACE Action ID. No. 200620291 Dear Mr. Price: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Recent a-mails and phone conversations with Melanie McKinney of S&ME brought forth WRS, Inc's interest in removing the on-site wetland creation as part of the mitigation requirement, and solely accounting for the credits with payment to EEP. DWQ does not require mitigation for the 0.31 acres of wetland impact, so this mitigation allowance will apply only to the Army Corps of Eligineers. However, DWQ's approval of the 401 Water Quality Certification was issued based on the on-site wetland creation being part of the storm water management plan. The created wetland must still be constructed as part of the stormwater management or an alternative design must be submitted. "A final, written stormwater management plan (including a signe and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur." as stated in Condition I 1 of the Approval letter dated March 13, 2006. This condition addresses what components must be included in the plan and it addresses special conditions required for Nutrient Sensitive Waters (NSW). This letter in no way responds to the current request for modification that our office has on file. Tile modification request will be processed once our office has received the complete package for that modification request. If we can be of further assistance, do not hesitate to contact us. If you have any questions concerning Stormwater Management plans you may contact Sam Aghimien at (919)733-3574. Cc: Melanie McKinney, S&ME, Inc. 3718 Old Monte Matthews, USACOE, Raleigh Regu USACOE- Wilmington District Eric Kulz, DWQ-RRO File Copy Central Files 401 Oversight/Express Review Permitting U;jit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://wNvw.ncwatcrquality.org rR' r ours, . Nme y ;ground Rd, Gre nsboro, NC 27410 Field Office No fth` Carolina Natundif An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper O?OF W ATFR pG o -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 27, 2006 Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken, SC 29804 Re: Holly Springs Retail Site, Wake County DWQ 4060002; USACE Action ID. No. 200620291 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions-MODIFICATION Dear Mr. Price: Attached hereto is a copy of the modified Certification No. 3564 issued to Mr. Jim Price of WRS, Inc., dated June 27, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, C1r"-'A , /? Altl?h W. Klimek, P.E. AWKlcbk/asc Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Eric Kulz, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 060002HollySpringsRetailSite(Walie)401_IC MOD2 One Carolina 401 Oversight/Express Review Permits Unit f!!C(T??f 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper WRS, Inc. Page 2 of 6 June 27, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Jim Price of the WRS, Inc., to fill 0.31 acres of jurisdictional wetland and 5.4 acres of open water pond the Neuse River Basin, associated with the construction of the Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Holly Springs, Wake County, North Carolina, pursuant to an application filed by Public Notice by the U.S. Army Corps of Engineers on the 11'' day of January of 2006 (received by DWQ on January 17, 2006), and in additional correspondence received November 29, 2005, March 3, 2006, March 7, 2006 and April 17, 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. This certification replaces the previous certification that was issued to you on March 13, 2006 and the modification that ivas issued June 22, 2006. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.31 acres PN and Construction Plans Open water and 5.4 acres PN and Construction Plans WRS, Inc. Page 3 of 6 June 27, 2006 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts'depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 213 .0233 and GC 3404; Continuing Compliance: 6. Mr. Jim Price and the WRS, Inc., shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jim Price and/or the WRS, Inc., NC and the US Army Corps of WRS, Inc. Page 4 of 6 June 27, 2006 Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jim Price and/or the WRS, Inc., NC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; tion: Mitigation: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 30 days from the date of the purchase of this property, to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required minimum River and Sub-basin Number 404/LAMA Wetland 0.31 acres Neuse/03020201 Deed Notifications: 8. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days from the date of purchase of the property. A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; Written Stormwater Mana-ement Plan (Final Plan Needed 9. Written Stormwater Management Plan A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur. The stormwater management plan must include worksheets, plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to WRS, Inc. Page 5 of 6 June 27, 2006 remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio- retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H. 1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. 10. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at httn: //h2o. enr. state. nc u s/su/Forins Document s htm. ; WRS, Inc. Page 6 of 6 June 27, 2006 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This is the 27nd day of June 2006 DIVISION OF WATER QUALITY P Alan W. Klimek, P.E. WAT?9pG Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken, SC 29804 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 22, 2006 Re: Holly Springs Retail Site, Wake County DWQ #060002; USACE Action ID. No. 200620291 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions-MODIFICATION Dear Mr. Price: Attached hereto is a copy of the modified Certification No. 3564 issued to Mr. Jim Price of WRS, Inc., dated June 22, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, / l ir A an W. Klimek, P.E. AWKIcbk/asc Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Eric Kulz, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 060002HollySpringsRetailSite(Wake)401_IC MOD 401 Oversight/Express Review Permits Unit N - Carolina 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 N"flma«J 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet.' htto7//h2o.enr.state. nc us/ncvvetlands An Equal Opportunity/Affirmative Action Employer- WRS, Inc. Page 2 of 7 June 22, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Jim Price of the WRS, Inc., to fill 0.31 acres of jurisdictional wetland and 5.4 acres of open water pond the Neuse River Basin, associated with the construction of the Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Holly Springs, Wake County, North Carolina, pursuant to an application filed by Public Notice by the U.S. Army Corps of Engineers on the I Vh day of January of 2006 (received by DWQ on January 17, 2006), and in additional correspondence received November 29, 2005, March 3, 2006, March 7, 2006 and April 17, 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. This certification replaces the previous certification that was issued to you on March 13, 2006. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Location or Reference Units 404/CAMA Wetlands 0.31 acres d Construction Plans j Open water and 5.4 acres PNand Construction Plans WRS, Inc. Page 3 of 7 June 22, 2006 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing Compliance: 6. Mr. Jim Price and the WRS, Inc., shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jim Price and/or the WRS, Inc., NC and the US Army Corps of WRS, Inc. Page 4 of 7 June 22, 2006 Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jim Price and/or the WRS, Inc., NC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Miti a tion: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 30 days from the date of the purchase of this property, to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required minimum River and Sub-basin Number 404/LAMA Wetland 0.31 acres Neuse/03020201 Planting Plan, and Monitoring and Maintenance For On-site Created Wetland: 8. Planting Plan - A creation plan and monitoring plan must be approved prior to construction of the proposed created wetland. The monitoring plan must show well location, size, number, and location of vegetation plots and type of data to be collected during the growing season (include percent bare ground). In addition to the above, you must also address success criteria, which is 12.5 percent demonstrated hydrology, and 50 percent vegetative cover or 75 percent survivability. The created wetland must be monitored for 5 years. The DWQ does not allow early completion. Monitoring wells must be placed in elevated areas of the site. Finally, the planting plan should include a primary wetland species (e.g. Sagittaria latifolia or Scirpus sp.). This Plan must be submitted to the DWQ within 60 days of the date of this 401 Water Quality Certification approval. Wetland Monitoring Plan - Physical monitoring of wetlands is required annually as a condition of this Certification. If wetland impacts are determined to have occurred (these impacts may include indications of instability, eroding, sloughing, subsidence, collapse, and/or removal of the WRS, Inc. Page 5 of 7 June 22, 2006 hydrology) the owner or authorized agent shall notify the NCDWQ Raleigh Regional Office in writing. This notification shall be sent to the Regional Office within 24 hrs of first knowledge of these impacts or the first business day thereafter and shall include a detailed explanation of the nature of the problem. Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse, and/or removal of the hydrology of wetlands (monitoring frequency- annual). This monitoring may be accomplished by visual inspection of the wetland areas while conducting well maintenance efforts. Wells required by this Certification must be properly installed and properly maintained for 5 years after the Division of Land Resources releases the site unless otherwise approved in writing by NCDWQ. All well data must be provided annually to DWQ along with a written account of the hydrological status of the wetlands on the tract (by June 1 of each year). At a minimum, daily water table levels must be recorded from all wells and daily rainfall must be collected by the monitoring gages and rain gages (this data must be collected and available for NCDWQ review). At a minimum, monthly datalogger downloads, well and well site inspections/maintenance must occur for the monitoring duration depicted in conditions of this certification. Initiation of data collection (including well and rainfall data) must begin prior to impacts of wetlands once the construction of the wetland is completed. This Plan must be submitted to Raleigh Regional Office within 60 days for Division of Water Quality approval. Deed Notifications: 9. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days from the date of purchase of the property. A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; Written Stormwater Management Plan (Final Plan Needed 10. Written Stormwater Management Plan A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur. The stormwater management plan must include worksheets, plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from WRS, Inc. Page 6 of 7 June 22, 2006 the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio- retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H. 1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other-state water quality programs. 11. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. uslvulForiiis Documents htm. ; 12. Certificate of Completion WRS, Inc. Page 7 of 7 June 22, 2006 Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to-an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This is the 22°d day of June 2006 DIVISION OF WATER QUALITY Alan W. Klimek, P.E. ?,oF W A "! r9P ?O G o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, WRS, Inc. has permission as outlined below to impact 0.31 acres of wetlands and 5.4 acres of an open water pond for the purpose(s) of constructing the proposed Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Holly Springs, NC COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.31 Acres of Class WL wetland 0.62 Acres of Class WL wetland In correspondence dated November 23, 2005, the EEP indicated that impacts up to 0.50 acres would mitigated by EEP if necessary for the 401 Water Quality Certification and 404 Permit. The final mitigation ratio is to be determined by the U.S. Army Corps of Engineers within the 404 Permit, but this must include a minimum of 0.31 acres of mitigation by the EEP. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Fil cname: 060002 Hol IyS pringsRetailS ite(W ake)401_IC_EEPMOD None Carolina 401 Oversight(Express Review Permits Unit ? ithCarollin 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Intemet http://h2o.enr.state.nc.us/ncwetlands /1 71 3. April 14, 2006 North Carolina Division of Water Quality 401 /Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Attention: Ms. Cyndi Karoly Rp=@Rowr? APR 1 7 2006 DENR-W IEllQUALITY V, TW03ANDSTORI,M'ATERBRANca Reference: Request for Modification, 401 Water Quality Certification Holly Springs Retail Site, Wake County DWQ #060002; USACE Action ID No. 200620291 S&ME Project No. 1588-05-014 Dear Ms. Karoly: S&ME would like to submit on behalf of WRS, Inc. a request for a modification to the 401 Water Quality Certification DWQ#060002, dated March 13, 2006, for the Holly Springs Retail Site, in Wake County, North Carolina. Please find attached a copy of the 404 Individual Permit Application that was submitted on December 20, 2005. Included in this letter are responses to Conditions of the Certification and requests for modifications. Compensatory Mitigation Using the EEP Program Based on a phone conversation between Melanie McKinney with S&ME, Inc. and Monte Matthews with U.S. Army Corps of Engineers (USACE) Raleigh Regulatory Field Office on April 3, 2006, it is our understanding that the USACE will accept payment into the North Carolina Ecosystem Enhancement Program (EEP) for impacts to 0.31 acre of wetlands at a ratio of 2:1 for non-riparian wetlands. S&ME confinned this ratio with NCDWQ representative Ian McMillan, during an April 3, 2006 phone conversation. We propose that the 401 Certification be revised to reflect these changes. SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849.2985 ..:/'... 3,,.: ir.. C C,. 11 Request for Modification, 401 Water Quality Certification S&ME Project No. 1588-05-014 Holly Springs Retail Site, DWQ#060002 April 14, 2006 A letter Request for Changes in Wetland Credits is attached and was submitted to David Robinson with EEP on April 6, 2006. S&ME has not received a letter response from EEP to date. A response from EEP will be forwarded to NCDWQ upon receipt. S&ME would like to request on behalf of WRS, Inc., that the time frame associated with fulfilling Condition 7 of the 401 Water Quality Certification, be extended to allow payment into EEP "prior to wetland impacts", rather than within one month of issuance of the 401 Certification. This request is based on circumstances that allow WRS, Inc. to purchase property only after all items of due diligence have been satisfied. WRS, Inc. anticipates that all items of due diligence will be satisfied by July 2006. Wetland Monitoring According to Condition 8 of the 401 Certification, initiation of data collection for wetland monitoring (including well and rainfall data) must begin prior to wetland impacts. Based upon site plans for the proposed constructed wetland, construction and monitoring of this area can only occur after the open-water wetland has been impacted. S&ME plans to initiate data collection, including well and rainfall data, after impacts have occurred and the created wetland has been constructed. Diffuse Flow According to the NCDWQ's Buffer Determination made by NCDWQ representative Eric Kulz, on September 20, 2005, it is our understanding that the onsite features are not subject to the Neuse River Basin Buffer Rules and no protected stream buffers are located within the property's boundaries. S&ME would like to clarify that the proposed stonnwater management plan for this site is not designed to provide diffuse flow through constructed stormwater conveyance outlets (as described in Condition 9), based upon the NCDWQ detennination of no stream buffers. 2 Request for Modification, 401 Water Quality Certification S&ME Project No. 1588-05-014 Holly Springs Retail Site, DWQ#060002 April 14, 2006 Deed Notifications S&ME would like to request on behalf of WRS, Inc. that the time frame associated with fulfilling Condition 10 of the 401 Water Quality Certification be revised to allow a deed notification to be in place "prior to wetland impacts" rather than within 30 days issuance of the 401 or 404 Pen-nit. This request is based on circumstances that allow WRS, Inc. to purchase property only after all items of due diligence have been satisfied. WRS, Inc. anticipates all items of due diligence will be satisfied by July 2006. Certificate of Completion WRS, Inc. did not receive a Certificate of Completion with receipt of the 401 Certification, which is required for completion of Condition 13. Closing Thank you for considering this request to modify the 401 Certification conditions. If you have questions in regards to the requests or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. WAQ6wu- Melanie McKinney Natural Resources Profession, /1? x -4 Bill Noel, R.F. Senior Ecologist Attachments: Approval of 401 Water Quality Certification and Authorization Certificate S&ME Letter Request for Change in EEP Credits Copy of 404 Individual Pennit Application dated December 20, 2005 cc: Mr. Art Kepes, WRS, Inc. 3 A6, 'ArAll. ;47?5&M-E April 6, 2005 North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 ATTENTION: Mr. David Robinson Reference: REQUEST FOR CHANGE IN WETLAND CREDITS Upper Neuse River Basin HUC: 03020201 S&ME Project No. 1588-05-014 Dear Mr. Robinson: Based on a phone conversation between Melanie McKinney with S&ME, Inc. and Monte Matthews with U.S. Army Corps of Engineers Raleigh Regulatory Field Office on April 3, 2006, it is our understanding that the USACE will accept mitigation credits at a ratio of 2:1 for 0.31 acres of non-riparian wetlands in HUC 03020201 (Upper Neuse River Basin) for the Holly Springs Retail Site (USACE Action ID #200620291 and NCDWQ #060002). Per our phone conversation today, I am sending this request to revise our earlier EEP acceptance letter dated November 23, 2005 that references 0.5 acres of riparian wetlands. Please let us know if you need any additional information in order to make these changes. Sincerely, S&ME, Irie. Melanie L. McKinney Natural Resources Professional Pbo Willcox, L.S.S. ,/ Natural Resources Dep -tment Manager Attachments: In Lieu Fee Request Form S&ME, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 www.smeinc.corn IN LIEU FEE REQUEST FORM Page I of I NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM IN LIEU FEE REQUEST FORM (revised 3/29/05) Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699- 1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form. 1. Name of Applicant or Agent * Melanie McKinney 2. Name of Business * S&ME, Inc. 3. Street Address * 3718 Old Battleground Road 4. City, State, Zip * Greensboro, NC 27410 5. Telephone * 336 708 - 0270 6. Fax 1336 288 - 8980 7. E-mail ?mmckinney@smeinc.com 8. Project Name * Holly Springs Retail Site 9. Project Location * Southwest of intersection of Main Street (Hwy 55 By-Pass) & Ralph Stevens 10. Lat-Long Coordinates Lat 35.6357 Long 78.8333 11. River Basin * Upper Neuse 12. Cataloging Unit (8-digit) 03020201 11. Project County* Wake 14. Riparian Wetland Impact (ac) N/A 15. Non-Riparian Wetland Impact ac * 0.31 16. Coastal Marsh Impact ac * N/A 17. Stream-Cold Impact (ft) * N/A 18. Stream-Cool Impact (ft) * N/A 19. Stream-Warm Impact ft * N/A 20. ** Buffer-Zone 1 Impact s ft * N/A 21. ** Buffer-Zone 2 Impact s ft * N/A 22. ** Buffer-Total (Zone 1 + Zone 2 s ft * N/A Attachments? Yes Signature of Applicant or Agent: ' Date: 1} I ? b(o * Required information; zero answers in 14-22 should be indicated with "0" or "N/A", not left blank. ** Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins and the Randleman Lake Water Supply Watershed. *** Go to EPA "Surf Your Watershed" http://cfpub.epa.gov/surf/locate/-index.cfm for CU determination. Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncmail.net littp://www.nceep.net/news/reports/forms/ILFform.Iitm i 4/6/2006 i i I' 1? J I u I u I I r i 0? V 4A TP ?i o -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 13, 2006 Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken, SC 29804 Re: Holly Springs Retail Site, Wake County DWQ 4060002; USACE Action ID. No. 200620291 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Price: Attached hereto is a copy of Certification No. 3564 issued to Mr. Jim Price of WRS, Inc., dated March 13, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. AWK/cbk Sincerely, ?" are? /1711 Alan W. Klimek, P.E. Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Eric Kulz, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 060002HollySpringsRetailSite(Wake)401 IC Ore_ ivo urk.aronna 401 Oversight/Express Review Permits Unit (1111rll//J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: httn://h2o,enr.state.ne.us/ncwctlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper I? WRS, Inc. Page 2 of 7 March 13, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Jim Price of the WRS, Inc., to fill 0.31 acres of jurisdictional wetland and 5.4 acres of open water pond the Neuse River Basin, associated with the construction of the Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Holly Springs, Wake County, North Carolina, pursuant to an application filed by Public Notice by the U.S. Army Corps of Engineers on the 11th day of January of 2006 (received by DWQ on January 17, 2006), and in additional correspondence received November 29, 2005, March 3, 2006 and March 7, 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is.required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/LAMA Wetlands 0.31 acres PN and Construction Plans Open water and 5.4 acres PN and Construction Plans WRS, Inc. Page 3 of 7 March 13, 2006 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full,compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil; solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing Compliance: 6. Mr. Jim Price and the WRS, Inc., shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jim Price and/or the WRS, Inc., NC and the US Army Corps of WRS, Inc. Page 4 of 7 March 13, 2006 Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jim Price and/or the WRS, Inc., NC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR- Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required minimum River and Sub-basin Number 404/CAMA Wetland 0.31 acres Neuse/03020201 Planting Plan, and Monitoring and Maintenance For On-site Created Wetland: 8. Planting Plan - A creation plan and monitoring plan must be approved prior to construction of the proposed created wetland. The monitoring plan must show well location, size, number, and location of vegetation plots and type of data to be collected during the growing season (include percent bare ground). In addition to the above, you must also address success criteria which is 12.5 percent demonstrated hydrology, and 50 percent vegetative cover or 75 percent survivability. The created wetland must be monitored for 5 years. The DWQ does not allow early completion. Monitoring wells must be placed in elevated areas of the site. Finally, the planting plan should include a primary wetland species (e.g. Sagittaria latifolia or Scirpus sp.). This Plan must be submitted to the DWQ within 60 days of the date of this 401 Water Quality Certification approval. Wetland Monitoring Plan - Physical monitoring of wetlands is required annually as a condition of this Certification. If wetland impacts are determined to have occurred (these impacts may include indications of instability, eroding, sloughing, subsidence, collapse, and/or removal of the WRS, Inc. Page 5 of 7 March 13, 2006 hydrology) the owner or authorized agent shall notify the NCDWQ Raleigh Regional Office in writing. This notification shall be sent to the Regional Office within 24 hrs of first knowledge of these impacts or the first business day thereafter and shall include a detailed explanation of the nature of the problem. Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse, and/or removal of the hydrology of wetlands (monitoring frequency- annual). This monitoring may be accomplished by visual inspection of the wetland areas while conducting well maintenance efforts. Wells required by this Certification must be properly installed and properly maintained for 5 years after the Division of Land Resources releases the site unless otherwise approved in writing by NCDWQ. All well data must be provided annually to DWQ along with a written account of the hydrological status of the wetlands on the tract (by June 1 of each year). At a minimum, daily water table levels must be recorded from all wells and daily rainfall must be collected by the monitoring gages and rain gages (this data must be collected and available for NCDWQ review). At a minimum, monthly datalogger downloads, well and well site inspections/maintenance must occur for the monitoring duration depicted in conditions of this certification. Initiation of data collection (including well and rainfall data) must begin prior to impacts of wetlands. This Plan must be submitted to Raleigh Regional Office within 60 days for Division of Water Quality approval. Diffuse Flow: 9. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Deed Notifications: 10. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; WRS, Inc. Page 6 of 7 March 13, 2006 Written Stormwater Management Plan (Final Plan Needed 11. Written Stormwater Management Plan A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur. The stormwater management plan must include worksheets, plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters '(HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio- retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. WRS, Inc. Page 7 of 7 March 13, 2006 12. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This,General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http:///12o.eizr.state.nc.uslsu/Forms Documents.htm.; 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NCB, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon . written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 13'' day of March 2006 DIVISION OF WATER QUALITY //(-?111 Alan W. Klimek, P.E. 3564 AWK/cbkli in s ?0F W ATF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources O -? Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, WRS, Inc. has permission as outlined below to impact 0.31 acres of wetlands and 5.4 acres of an open water pond for the purpose(s) of constructing the proposed Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Holly Springs, NC COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.31 Acres of Class WL wetland 0.31 Acres of Class WL wetland In correspondence dated November 23, 2005, the EEP indicated that impacts up to 0.50 acres would mitigated by EEP if necessary for the 401 Water Quality Certification and 404 Permit. The final mitigation ratio is to be determined by the U.S. Army Corps of Engineers within the 404 Permit, but this must include a minimum of 0.31 acres of mitigation by the EEP. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 401 OversighVExpress Review Permits Unit 1650 h1ail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Intemet: http://h2o.enr.state,nc.us/ncwetlands Filename: 0600021iollySprings Rctail Si te(Wake)401 _IC-EEP Noy` Carolina NW11ra!!Y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper .) 'V ?' - ?_-' c. C ' December 20, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Attention: Ms. Jean Manuele North Carolina Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 I;(F@ Lr_0=3 0dFP WW APR 1 7 2006 DENR - WATER QUALITY VIETI DS AND STORMIWATER BRANCH ATTENTION: Ms. Cyndi Karoly Reference: Section 404 Individual Permit Approximately 49-Acre Tract NC Highway 55 By-Pass and Ralph Stevens Road Holly Springs, North Carolina S&ME Project No. 1588-05-014 Dear Ms. Manuele and Ms. Karoly: S&ME would like to submit on behalf of WRS, Inc. a request for an Individual Permit (IP) associated with proposed impacts to jurisdictional wetlands on the above-referenced property. Approximately 0.31 acre of wetlands and 5.4 acres of open-water wetlands are proposed. Please find the following materials enclosed: 1) A completed ENG 4345 Form, and Letter of Authorization to Act as Agent 2) Figures: Vicinity Map (Figure 1); USGS Topography Map (Figure 2); Aerial with Soil Survey Data (Figure 3); Wetlands and Waters of the U.S. Map (Figure 4); Wetland Survey for Holly Springs (Figure 5) Proposed Open-Water and Wetland Impacts (Figure 6); Mitigation Drawing (Figure 7) S&ME, Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 (336) 288-7180 (336) 288-8980 fax (800) 849-2985 www.smeinc.coni t. Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 3) Photographs of Existing Site Conditions 4) NCDWQ Neuse River Buffer Rule Determination 5) EEP Letter of Acceptance 6) Preliminary Storrnwater Quality Basin Drawing 7) Threatened and Endangered Species Technical Report 8) Cultural Resources Report Background Information An approximately 49-acre tract consisting of Wake County Tax Parcel Numbers 0648-86-8655, 0658-06-0224, 0658-06-0615, 0658-06-1775, 0648-96-8739, and 0648-97-8033 is proposed for development. The property is located southwest of the intersection of Main Street (N.C. Highway 55 By-Pass) and Ralph Stevens Road in Holly Springs (Wake County), North Carolina (35.6357 N, 78.8333 W). The approximate location of the project area is depicted by the attached figures: Vicinity Map (Figure 1), a portion of the 1993 Apex Quadrangle USGS Topography Map (Figure 2), NRCS Soils Map (Figure 3), Wetlands and Waters of the U.S. Map (Figure 4), Wetland Survey for Holly Springs (Figure 5) and Proposed Open-Water and Wetlands Map (Figure 6). The applicant, WRS, Inc. is pursuing development of the site for construction of a 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels. Purpose and Need The proposed retail center seeks to meet the increasing needs of its citizens while providing job creation and economic growth to Wake County. The 203,819 square footage retail center with 43,200 square footage of retail shops, and five outlot parcels will create approximately 750 jobs. n N L CI u 0 J n n D 2 1 Section 404 Individual Permit Approximately 49 Acre Tract Existing Site Conditions S&ME Project No. 1588-05-014 December 20, 2005 The 49-acre tract is currently developed with five single-family homes and a mobile home located on the northeastern portion of the property. The majority of the property consists of fallow agricultural fields with wooded areas along the fields' boundaries. Vegetation in the agricultural fields included tall fescue (Festuca arundinacea), dog fennel (Eupatorium capillifolium), ragweed (Ambrosia artemisiifolia). An approximately 5.4 acre pond is located in the south central portion of the property. Based on the location of the pond within areas characterized as having upland soils (Norfolk and Orangeburg Series), it is our opinion that the pond was man-made. An area of mowed tall fescue (Festuca arundinacea) separates the pond from its surrounding agricultural fields. This jurisdictional pond was verified by the U.S. Army Corps of Engineers on August 25, 2005 during an onsite meeting. An approximately 0.49 acre of a pond is located just south of the 5.4 acre man-made pond, and the two features are separated by a man-made dam. Wetlands adjacent to the open-water pond consisted of bullrush (Juncus effusus), red maple (Ater rubrum), multiflora rose (Rosa multiflora), sweet gum (Liquidambar styrac flea), and willow (Salix, spp.). A corridor between the wetland and adjacent agriculutural field included turkey oak (Quercus laevis), sweet gum (Liquidambar styraciflua), tulip polar (Liriodendron tulipifera), and japanese honeysuckle (Lonicera japonica). An approximately 0.31 acre wetland is present within a low-lying area southeast of the onsite houses, and west of NC Hwy 55 By-Pass as verified by the U.S. Army Corps of Engineers on September 27, 2005. The vegetation within the wetland was predominately shrub/scrub and herbaceous species including red maple (Ater rubruni), willow (Salix, spp.), bulrush (Juncus effusus), multiflora rose (Rosa multiflora), and knotweed (Polygonum, spp.). S&ME conducted a jurisdictional wetlands and waters of the U.S. delineation of the on-site wetlands in April 2005. During a site visit on August 25, 2005, and September 27, 2005, the 3 Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 U.S. Army Corps of Engineers (USACOE) confirmed the jurisdictional limits of the onsite features. The wetlands were subsequently surveyed by Freeland and Associates, Inc. and have been submitted to the USACE for final approval. Neuse River Basin Buffer Rules During a site meeting on September 20, 2005, the North Carolina Division of Water Quality (NCDWQ) examined the onsite features for stream classification and applicability of the Neuse River Basin Buffer Rules (15A NCAC 02B.0234). The NCDWQ determined no onsite features are subject to the Neuse River Basin Buffer Rules. The NCDWQ correspondence letter is attached and is dated September 26, 2005. Proposed Jurisdictional Wetland Impacts Approximately 0.31 acre of wetland is proposed to be impacted by placement of fill material for the construction of a road, parking lots, and paved areas in the eastern portion of the site. Table 1 further identifies the proposed impacts. Table l: Proposed Jurisdictional Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre Wetland Impact #1 Fill 0.22 Wetland Impact #2 Fill 0.05 Wetland Impact #3 Fill 0.04 Total Impacts to Jurisdictional Wetlands: 0.31 acre 4 Section 404 Individual Permit Approximately 49 Acre Tract Proposed Open-Water Impacts S&ME Project No. 1588-05-014 December 20, 2005 Approximately 5.4 acres of open-water wetlands are proposed to be impacted by placement of fill material associated with construction of a parking lot, building pad for the proposed retail shops, and stormwater management facility with a wetland mitigation area. Table 2: Isolated Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre Open Water Impact #1 Excavation/Grading 0.04 Open Water Impact #2 Fill 5.4 Total Impacts to Open Water Wetlands: 5.44 acres Protected Species S&ME reviewed the U.S. Fish and Wildlife Service webpage and the North Carolina Natural Heritage Program website for infonnation concerning the occurrence of federal and state protected species in Wake County. A field survey was conducted to observe the presence or absence of suitable habitat for the federal and state protected species listed below. 5 e Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Table 3: Protected Species Summary s Common Name Federal Status State Status Picoides borealis Red-cockaded woodpecker E E Rhus michauxii Michaux's sumac E E Alasmidonta heterodon Dwarf wedge mussel E E Haliaeetus leucocephalus Bald Eagle T T Elliptio lanceolata Yellow Lance FSC E Fusconaia masoni Atlantic Pigtoe FSC E Lasmigona subviridis Green Floater FSC E Helenium brevifolium Littleleaf Sneezeweed --- E Trillium pusillum var pusillum FSC E Carolina Least Trillium Ambystonta tigrintan Eastern Tiger Salamander --- T Lampetra aepyptera Least Brook Lamprey --- T Alasmidonta undulate Triangle Floater --- T Elliptio roanokensis Roanoke Slabshell --- T Lantpsilis radiate radiate Eastern Lampshell --- T Strophitus undulatus Creeper --- T Lindera subcoriacea Bog Spicebush FSC T 6 s Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Isoetes piedinontana Piedmont Quillwort --- T Portulaca smallii Small's Portulaca --- T Ruellia hzwdlis Low Wild-petunia --- T Sagittaria graminea var iveatherbiana --- T Grassleaf Arrowhead E: Listed hndangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: Species of Concern - A taxon that may or may not be listed in the future During the field survey no protected species were observed. Based on information obtained from data review and field survey, it is unlikely that the proposed project will impact Wake County's state and federal protected species. A copy of the Threatened and Endangered Species Technical Report is attached with this permit application. Cultural Resources S&ME subcontracted TRC Garrow (TRC) to evaluate the project area for cultural resources. TRC's literature review identified no archaelogical sites or historic structures within the property's boundaries. Two archaelogical sites were identified as being recorded within a one mile radius of the project area, however, neither of the sites were found to be eligible for preservation after being evaluated. Three historic structures within a one mile radius of the site, WA611, WA612 (Richard L. Adams Farm), and WA613 (Alsey J. Stephens Farm) were determined eligible for inclusion on the National Register of Historic Places (NRHP). On October 26, 2005, a cultural resources reconnaissance survey was conducted on the property and much of the property was determined to be lightly to moderately disturbed based on agricultural use of the land. e e e Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 According to the cultural resources report, "no previously recorded archaeological sites or architectural resources are located within the project tract." Furthermore it stated that , "the proposed project would be unlikely to have an adverse effect on the architectural resource WA612, but WA613 would likely be visually impacted by a development on the southern portion of this tract." A copy of the Cultural Resources Report is included with this permit application. Alternatives Analysis Criteria such as location, cost, constructability, and construction schedule are used to determine the suitability of potential retail sites. The size of the potential tracts must accommodate the size of standard building prototypes for the proposed retail center. In many instances, this may require acquiring adjacent properties, and reluctance of private property owners to sell, creates unsuitable tracts of land. Access to major transportation and required off-site improvements such as road widening, construction of traffic signals, and availability of water, sewer, gas, and electricity are evaluated. Costs associated with earthwork, concrete and asphalt paving, environmental permitting (wetlands, Phase I and II environmental issues), building permits, and construction materials are influenced by site specific factors. Location of a potential site determines the economic success of a retail center along with its ability to meet the transportation needs of its employees and customers. Consequently, a retail center of this magnitude in size must be located within a specific range of the major population. Five potential retail sites met site location criteria for the Town of Holly Springs. The following sites were determined unsuitable for the proposed retail center based on criteria listed below: s 3 ?l Section 404 Individual Permit Approximately 49 Acre Tract Alternative Sites Evaluated NC Hwy 55 By-Pass and New Hill Road S&ME Project No. 1588-05-014 December 20, 2005 1) Approximately 2,100 linear feet of perennial streams traverse the property with the Neuse River Basin Buffer Rules potentially applicable to these features. 2) Significant earthwork required based on site topography 3) Reluctance of one property owner to sell diminished size of tract NC Hwy 55 and Holly Springs Road 1) Small size of tract does not accommodate the standard size of the proposed project and will not provide adequate space for parking facilities or proposed detention ponds needed for protection of water quality 2) Poor accessibility associated with location of tract, off-site road improvements needed Holly Springs Road and Bass Lake Road 1) Approximately 3 acres of wetlands located within property's boundaries with Neuse River Buffer Rules potentially applicable 2) Significant earthwork required based on site topography 3) Small size of tract does not provide adequate space for proposed detention ponds needed for protection of water quality i B Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 NC Hwy 55 and Avent Ferry Road 1) Irregular sized parcel does not accommodate standard size of proposed project with adequate parking facilities 2) Approximately 700 linear feet of stream and approximately 1 acre of wetlands with Neuse River Basin Buffer Rules potentially applicable to these features 3) Poor accessibility to NC Hwy 55 By-Pass, off-site road improvements needed Avoidance and Minimization After evaluating the alternative sites, the NC Hwy 55 By-Pass/Ralph Stevens Road tract was determined to be most suitable. Environmental impacts and costs associated with environmental pennitting were reduced by utilizing the NC Hwy 55 By-Pass/Ralph Stevens Road tract, based on the North Carolina Division of Water Quality's determination that the Neuse River Basin Buffer Rules were non-applicable to the onsite drainage features and considering that pursuance of a major variance was deemed unnecessary to meet project goals. Although the location of the 5.4 acre man-made pond in the south central portion of the tract creates unavoidable impacts for development of the property, approximately 0.49 acre of higher quality open water wetlands shall be undisturbed by this project. Approximately 0.31 acre of shrub/scrub jurisdictional wetlands is proposed to be impacted in the eastern portion of the property adjacent to NC Hwy 55 By-Pass. The location of the 0.31 acre wetland at the proposed entrance from NC Hwy 55 By-Pass creates unavoidable impacts for development of the tract. Utilization of road frontage property for outparcels also creates unavoidable impacts for development of the tract. 10 Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Cumulative Impacts Analysis Based on the project's location within the Neuse River Basin, downstream water bodies have been designated as Nutrient Sensitive maters and the Neuse River Basin Buffer Rules are currently in place requiring 50 foot wide riparian buffers adjacent to surface waters. Activities within buffered areas have been classified as either "exempt, allowable, allowable with mitigation, or prohibited," according to the Neuse River Basin Buffer Rules (15A NCAC02B.0234). The rules also put into place local riparian buffer protection programs to further monitor and enforce activities within Neuse River buffers. Aquatic Endangered Species According to the Natural Heritage Program's online database accessed December 14, 2005, (littp://ils.unc.edti/parkpro'e? ct/nhp/info.htm) , the Eastern lampmussel (Lampsilis radiata radiata) is the only listed threatened aquatic species for the Apex USGS Quad. Documented populations of the Eastern lampmussel in Wake County have been found in the Little River, along with the Middle and Swift Creeks. These waterbodies are located northeast of the project site, and the proposed project is not expected to impact endangered or threatened aquatic species in Wake County. Stormwater Management A Grading/Stormwater Management Plan drawing is attached and includes a proposed wet detention pond designed for greater than 85% of Total Suspended Solids reduction to improve water quality. The stormwater management plan for the proposed retail center will follow guidance in the State Stormwater Management Best Management Practices. u e UAW Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Existing Storrnwater Programs The Town of Holly Springs, is currently involved in the Phase II NPDES Stormwater Permit Program and local regulations are in effect according to the Neuse River Basin Buffer Rules. With local government programs in place, that meet or exceed state best management practices, it is unlikely that the proposed project will create cumulative impacts that affect downstream water quality. Storm-Water Management Plan A Stormwater Management Plan shall be submitted to the NCDENR Division of Water Quality- Water Quality Section- Wetlands Unit by Freeland and Kauffman, Inc. This application will include a NCDENR DWQ Stormwater Management Permit Application Form, NCDENR DWQ 401 Wet Detention Basin Worksheet for the proposed basin, and an Operations and Maintenance Plan. Greater than 30% of the proposed site is proposed to be developed as impervious surface. The basin will be located in the southwest corner of the planned development. The location of this basin is shown in the Preliminary Stormwater Drawing Section. Compensatory Mitigation Open-Water Wetlands Onsite mitigation is proposed for unavoidable impacts to 5.4 acres of open-water wetlands. The creation of an approximately one acre palustrine emergent wetland is planned. The proposed wetland should provide a more diversified habitat for insects, birds, and aquatic species in comparison to the limited habitat that the existing open-water wetland provides for mainly aquatic species. The emergent wetland cell will accept water from the stormwater detention pond, but only after water has been through a forebay to drop sediments, and then through the stonnwater pond for detention. 0 12 C Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 A four foot wide, two foot tall berm will be constructed approximately 20 feet from the inlet structure. This berm will be planted with a mix of three wetland shrubs (Cephalanthus occidentalis, Viburnunz nudum, and Clethra alnifolia) on 3 foot centers. The berm will aid in moving water to the northern portion of the wetland cell prior to it flowing to the outlet structure in the southeast corner of the cell. Three groupings of plants are proposed to be planted within the cell. The plants will serve as both aesthetically pleasing and provide seed/forage for small birds and mammals. These plant mixtures are described below and depicted in Figure 6: 1. Area #1 is proposed to be planted with a mix of Iris virginica and Saururus cernuus. They should be randomly mixed and planted on 2 foot centers. 2. Area #2 is proposed to be planted with a mix of Pontederia cordata, and Peltandra virginica. They should be randomly mixed and planted on 2 foot centers. 3. Area #3 is proposed to be planted with Acorus calamus on 1 foot centers. Within this area a small, peanut shaped depression is proposed to be dug that will be approximately thirty inches deep. This is to provide shallow, open water habitat for ducks and other aquatic birds and mammals. The shallow, open water area should not be planted, but allowed to populate with natural recruits. The emergent wetland cell outlet structure is proposed to be elevated approximately 12 inches, so that water will be retained within the cell, encouraging infiltration into the bed of the cell and evaporation, assisting in prolonging the hydroperiod. The wetland cell bottom will be constructed to have mircotopographic relief. It will be varied in elevation to provide for varied depth habitats, both shallow and deep, in a random fashion. Within one foot of the edge of the cell, a row of Hibiscus moscheutus will be installed on 8 foot centers to add forage for insects and birds. 13 e Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Success Criteria This proposed mitigation presents a unique scenario in that the emergent wetland cell is to be hydraulically fuelled by rainwater collected from the adjacent development. It is also expected that even though an estimated 10,000 or more herbaceous plants are proposed for installation within the wetland cell, natural recruitment of species such as Juncus spp., Scirpus spp., Typha spp. will occur. Further, it is expected that wind blown tree species such as Acer rubrum, Fraxinus pennsylvanica, Salix nigra, and Platanus oceidentalis will also likely take root in and around this cell. If some mortality of the installed plants occurs, the gaps will likely be filled by natural recruits of the above mentioned or other wetland species. Therefore, no survival criteria is offered with this mitigation. u One shallow groundwater well with a daily automatic water level reader will be installed within the wetland cell. Jurisdictional hydrology (soil saturation within 12 inches of the soil surface for n 5% of the growing season) will be attained within two years of completion. Monitoring Well monitoring is proposed for a period of five years, however, if success criteria for jurisdictional hydrology is met and maintained for a period of three years, a request for no additional monitoring may be submitted to the USACE. L r D e 14 s a ss ei a? s? s? e. s? gI 91 e? e? a? Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Jurisdictional Wetlands Payment into the North Carolina Ecosystem Enhancement Program (NCEEP) fund is proposed for compensatory mitigation of unavoidable impacts to 0.31 acre of jurisdictional wetlands. An EEP Acceptance Letter is attached and dated November 23, 2005. Closing Your review of this application is greatly appreciated. If you have questions in regards to the permit application or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. Melanie McKinney Bill Noel, R.F. Natural Resources Professional Senior Ecologist PZ-O Attachments: ENG 4345 Form, and Letter of Authorization to Act as Agent Figures Photographs of Existing Site Conditions NCDWQ Neuse River Basin Buffer Rule Determination EEP Letter of Acceptance Preliminary Stormwater Quality Basin Drawing Threatened and Endangered Species Technical Report Cultural Resources Report Cc: Mr. Jim Price, WRS, Inc. Ms. Heather Keefer, Town of Holly Springs 15 u u J??, Q Q ENG Form 4345, Supplemental Information and Letter of Authorization to Act as Agent u u n C i 7 U--, OCT-21-2005 11:17 FROM:WRS INC 18036425908 TO:913362888980 P.2 rni Date: 10/20/05 LETTER OF AUTHORIZATION TO ACT AS AGENT Fro'ect Information ? J S&ME Project Name: Approximately 46.17-Acre Tract - NC By-Pass 55/Ral ` Stevens Road, Holly Springs Type of Project: Wetland Permitting Location: West of NCB -Pass 55/Partially encompassed b Ral 'Stevens Rd Town of Holly Springs, Wake Count North Carol . ? a Property Owner/Representative Information 1 a Business Name: WRS, Inc; Mailing Address: 2361 South Centennial Avenue City, State, Zip Code: Aiken, SC 29803 r Telephone No. (803) 649-1411 p Contact: Jim Price Agent Information s Business Name: S&ME, Inc. Street Address: 3718 Old Battleground Road a City, State, Zip Code: Greensboro, NC 27410 Telephone No. (336) 288-7180 Contact: Melanie McKinney Authorization: 112 I on behalf of (Contact Signature) Azej? / hereby autho?I e (Name of Landowner or Representative) S&ME, Inc. to act as agent for the above-mentioned p `ect. ,f ,a i1. t. 0 n L t r APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 (33 CFR 3251 Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. U J E L b. Business (803) 649-1411 b. Business (336) 288-7180 2. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an spent is not re wired) WRS, Inc. S&ME, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2361 South Centennial Avenue 3718 Old Battleground Road Aiken, South Carolina 29804 Greensboro, North Carolina 27410 7, APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence N/A a. Residence N/A 11. STATEMENT OF AUTHORIZATION I hereby authorize, SEE AGENT AUTHORIZATION LETTER to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instru -bons. Holly Springs Retail Site 13. NAME OF WATERBODY. IF KNOWN m n„i »nmi 14. PROJECT STREET ADDRESS of.ppii-bie) Closest named waterbody: Basal Creek 15. LOCATION OF PROJECT Wake NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinstructions) Center of Property: 35.6357 N, 78.8333 W 17. DIRECTIONS TO THE SITE From Holly Springs: Take NC Hwy 55 By-Pass South, Take Right on S. Main Street, veer left on Ralph Stevens Road, property is partially encompassed by Ralph Stevens Road. NG OR 4346, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 1 18. Nature of Activity (Description of project, include e/l features/ See Supplemental Information 19. Project Purpose (Oescritr [/rc Watson or put/use o/ Vrr poject, see instrudrorrs) See Supplemental Information USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge See Supplemental Information 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards See Supplemental Information 22. Surface Area in Acres of Wetlands or Other Waters Filled (sreinsrr?crions) See Supplemental Information 23. Is Any Portion of the Work Already Complete? Yes = No " IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). See Supplemental Information 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this appiication is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. + SIGNATURE OF APPLICANT DATE IGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both. u U n u 2 L? I H i -1 Li I n P-? I 0 1 Supplemental Information ENG Form 4345 Holly Springs Retail Site Block 18. Nature of Activity The applicant, WRS, Inc., is pursuing the development of approximately 49 acres for construction of a 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels. A bulldozer, backhoe, and other heavy equipment shall be used to build a road, parking areas, and a stormwater management pond. Block 19. Proposed Project Purpose The proposed retail center seeks to meet the increasing needs of its citizens while providing job creation and economic growth to Wake County. The 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels will create approximately 750 jobs. Block 20. Reason for Discharge The proposed discharge to jurisdictional wetlands is necessary to facilitate construction of building pads for the retail center and retail shops, parking lots, access roads, a stormwater quality pond and paved areas needed for development of outparcels. Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Jurisdictional Wetland Impacts (0.31 Acre): 2,200 cubic yards clean earthen fill material Open Water Impact (5.4 Acres): 40,350 cubic yards clean earthen fill material Block 22. Surface Area in Acres of Wetlands or other Waters Filled 0.31 acre of riparian wetlands, 5.4 acres of open-water wetlands Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc. Name Address Horace and Ruby Powell 218 Windsor Wynd Place Fu ua -Varina, NC 27526 Stafford Land Company 246 Valleyfield Lane Southern Pines, NC 28387 *Nlailing Labels are attached for your convenience I / ZONING INFORMATION ZONING. R-70 NC 55 BYPASS • 100' SCE . 10 REAR . 25' BUILDING HEIGHT . 35' 20 ED: COMMUNITY BUSINESS NO 55-50' LOCAL SMLET • 50' SIDE • 10' REAR • 10' NBUtLdNG MCIGJIi . 45' RALPH STEPHENS ROAD (SR 1114) (60' R/W)-\ (ASPHALT IN GOOD CCNDITICN) PROPOSED TLIRN LZuN'E STORAGE) .CGS MONUUENT 'HOLLY SPRINGS' N 69M52.7000 E 20.97421BOO EIP 7/4' R 1114 OPEN TOP (BENT) n\\ CRS \ \ 34739 ??15NX AXLE LIJ 11? I,. Pi. 8 B`13 25' E 111111111f lol HEAVY DUTY ASiVLT ?' `114 J VI .?. fFF/ GRAVEL DRIVE MES T k AOOIE J. EAR. ROUGH O.B. 0 64-8661 48868655 PROCGW wruL "'- 110:1814 sr. ZONE: R-2D PT, 7 I ?l_ 3,330 SQ.FT. ..h45 ACRES ?fHffA?fOi PT. / a- U\\\\V8_\\\\\VJ 7111 ry 17g ? ?•':..':.'::::a':: :1.78::::::7 6. aa?•Y%%///N/I Pi. 7 I .LWAY k, y5:.•T:--2'f.::.':. ::.:':::.'.:•. AI •},y?A., 1.y, ? / 4_.TA.. ??•' •:?rrJL?:-a7.L.:'?i: Tc:'.'i NAT ? 111 7 I ,;, ; HE? j 1W ............::5...?......-.. ry ? ? LI111?? 1;?Titlikt/;4}?l......}:[ •.'.•::•:•:?: ?:•:•s:???riT. STpRM MATER CO ST?951 V... V, M7uVA ' T d ?5. 4 A i\ D:Ri ROAD FACILITY {{.......:?.. Pr. I uc t8_'.:':.•:.:'.?.:.,' ;,.,.'.':.':.':.':.:'.::'.•:.':.':.' %......:..f.... _?'? ':.M ..................... FQCPOiO FVDF'„giY LHE / T;? ;?:••:•?::•::•:•:•:•:::•: n fREN TOP N/F \ CU BURRELL r / B y 8-0-E ceA L 'IN O SB978033 Typ 1 Ell: R-70 i O 48,689 -T crm - \ I 0' ? ; r 5 PRO'D'. f TI. [ COO fv I G OuTPARCI D 0 ?6 - a ! sL37 AC 7 B /4' ao a• ra . 1-r L2, l2 HEAVY. 611O'F A;ANLT PIN [7 3C3.99 7 - 16r ? -NEW HIGHWAY 55 BY-PASS (SOUTH RAIN STREET) (VARIABLE WIDTH R/W) MONUMENT \ N/F MATTER. \ COE \ O.B. 02009-0607 5 PIN / -11 ZONED: R-2a \ 17,089 SOFT. 0.792 ACRES P, J \\ \ PT. \ L TW! ` LANE 1X10' ST BTCQA,.J `. FQOFOS-EO ENRANCE TO AE G,LAW ?\ \\ \ ', A' /?' AIAN Br- RE=_T E0UAR6 ?1 ?\ WETLAlD NPAGT 8_2 1903 SOFT. TACT N 4„57'0_' f aas A[T.ES .s StlSED na?c SIGNAL \ l WOPOS<O LEFT TLON i? - S J \ \ LAZE 500' STCQACp o ?• ' .,VC tel. ^ f 1 / ? 1^ \ VF-ll/JD IMPACT qj -/?? - am Ao?s A r n/ r n N/F 0.8. 10579-0769 r ; s sPP \ \ 'N f 0658064347 / TYROL ?¢ J \ ONEO: R-20 Lt28 !e?>" W N ???`' ,277 SO.FT, o - \ M REBM Sr ?•0? _ B ACRE$ \ 7 M ?J\ 0a \ \ ITN `09 O / BEASLEY' 6? \ \ \ \ D.B. 03327-0717 1\ / 2 PIN 1 0658067272 \ \ -, 1/2' ZONEIX GaMMUWTY MI5 CERTIFIES THAT MIS COPY Of THIS PLAY IDENTIFIES AS WETLANDS ALL AREAS OE WETLANCS REGULATED PURUANT TO SECTION 404 Of THE CLEAN WATER ACY AS DETERMINED BY THE UNDER"NED ON MIS DATE UNLESS THERE IS A CHANCE W ME LAW OR OUR PURLISHED REGULATORS, THIS DETERMINATION MAY BE RELIED UPON FOR A PERIOD NOT TO EMCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION WAS MADE UTILIZING ME 1997 CORPS OF ENGINEERS WERAND DELINEATION MANUAL (NAME OF CORPS REPRESENTATIVE) (DATE) LEGEND [4 ^ AlA YAM Ep RNM naa ar uwIMA 9 b 1.NR ? i[8_ YAANxAA ! N -1 pLN o aa'L -,. •s+1 [NW Q i4laxN'M1W OR MF u A+aaro u m,C - f1- twH.NY f[A[I lK PA[ - - Gs W[ro -3'T- Hu[Axax[Mt - - ]Y.vW IfILPN0IIL u[ alro GS M.w4HH o can 4uNAMI n .aMI A—' p WH ., J x v n I -/ n l eX77? tiN bPT, 4?-' o?92s ACRES' °L ?` qO \ \ \ OPEN TrP l&l LA a sJ , 6 \\ \ E !Q9L / 4 ti J. \ a ?s J - o s.ti 0 '1.:Y.'.C: Y:.f.: R'tA6; I I I I I I I I ?' 2 14 \ 'r:.1:•.(':f•':T•il': in I I I . EIP 5/e• \\ .1'a:.'le.f:J.•:I': l l l k l / REBAR \ NN RE 5/B' ;I,•, Y1r N REBM \ 1_71 84.12' 5113,35" L78 32.68' S 83'59'05' E 1 114,45- 5 E LBO 114.80' S 59'00'24' E L81 124.45' S 52'27'10" E L82 IC929' S 48'14'03' E 183 121.78' S 1656'43' E L84 MAY S 0470'39' E L85 63 S 01'53'21' E L85 45.93' N 59'7753' E BE) 27. 1' 3 7'l '52- N D oE L83 10.60' S 7779'22' E L89 21.04' S 07'5553' W L90 77.36' S 22'11'05' E L91 80.88' S 23'40'C5' E L92_ 32.00_ S 4918'53' E L9] 48.72' S 09'3543' W L94 5.39_ S 29'15'47' E L95 5 6O' N 4 75'32' E L95 22.07' S 311570' E L97 15.55' S 39'43'40' E 198 121.99' N 84'10'37' W 1_93 31.67' N 2758'18' W 1100 31.85' N 59'13'40" W 1.101 42117' N 31'[3'56' W 1101 2. 7' N 45'43'44" W 1.103 59.78' N CS'S8'73" W uob 35 m' N 3£5e'D1' E m P, - - `\ - - - / 4) FLOOD INFORMATION ..'..'.' MI5 PROPERTY IS LOCATED IN `'1.62 i 1 FLOOD ZCNE '%' (AREAS OF \ 3,3 MINIMAL FLOODING) PER WAKE / COUNTY FIRM COMMI NITY 1ANEL NO. TI`/E DATE MARCH 63, 1992 EFFEC 0 \ o N/F \ STAFFORD LAND \ /9? `A,. CCMPAN7 \ 0.0. 09086-2175 \ iy 96 J PIN A1PH STEPHENS ROAD P OPOSED \3 6a R• x (SR 1114) (60' R/W) SCU00L PROPERTY 304,123 SOFT. 6_98_2 ACRES 4 Pt. 7?S 0 N65J5 7J. ILA b 33?H POND 21,356 SOFT. 9(i;E) _ 0.499 ACRES N 8410'31 W 1034-22- N /F HORACE C. d RUBY G. POWELL ETAL 0 0 _ 02464-0179 PIN p 0643855332 ZONED: R-20 LINE LI L12_ LINE TA LENGTH 33.09' 16719' ' BLE 6EAR6NO 30'54'19' E '51' E ' ' ' L25 L27 L28 L29 34.54' 10.94' 27.89' 12.57' S 53'00'20" W S 17.15'78' w N 25'50'57" W N 45'00'55" E U3 L44 L45 L46 40.37 34.57' 27.74' 29.42' N 72'C5'12" E S 15'51'43' E S 54'11'28" E N £5'5531' E L60 L61 L62 L63 34-55' 41.59' 53.76' 105.95' N 44'45'52' E S 55'05'56" w S 78'52'31" W S 81-19 C5. W L13 30.33 S 80 29 41 E L30 35.76' N 65'5)'10' E L47 35.89' S 59'45'35" E L64 79 85' S 63'22'29' v! 1.54 3293' S 79'58'12' E L31 54.73' S 83'06'33" E L43 41.35' S 64'40'47' E 1.65 . 77 10' N 43'' 2'35' Y! 1.15 92.21' S 42'29'25' E L32 50.23' S 76'20'55" E L49 16.94' S 60'49'C5" E L66 0 109 23' , N 38'12'25' W 1.16 51.25' S 71'S0'43' E L33 48.19' S 10"50'54" E L69 11.11' S 75'31'21' W L67 . ._ 154 69' N 39'55'52' W L17 25.C7' S 31'59'43' E 1.34 76.05' S 27'38'33" E L51 45.81' N 53'35'50" W 1_66 . 43' 209 N 45'29'C2" W LIB 141.47' ' S 30'19'07" E 1.35 22.71' S 74'70'37" W 1.52 26.09' N 8219'42' W LE9 . 45.3'.' N 53'19'57 V! L19'NE 94.15 ' N 6410'77 Y! 1.35 4.34' S 7' 3'4 ' W L53 71.33' N 33'14'43' E L70 25.19' N 1726'22' W L20 153.05 N 21'24'42" E L37 34.91' S 34'3304" W L54 28.22' N 15'59'10" W L71 31.52' N 03'5756" E L21 56.94' N 2125'C9' E L38 25.95' N 14'79'50" W L55 44.45' N 5459'20' W 1.72 31 50' N 21'40']] E L22 5.8+' S 15'32'29• W 1.39 27.07' N 24'42'18" W L55 63.33' S 73'43'1' w L73 . 67.47 N 37'55'44" E L23 43.92' N 71'44'51' W LAO 29.03' N 7 27'35" W L57 51.82' N 82'42'33' W L'/4 81 85' N 48'44'49' W L24 44.19' N 8012'17" w 1.41 11.69' N 5329'48" E 158 }3 N 55'07'25" W L75 . 17.59' N 11'47'22" W 1.25 55.74' N 6413'23' 114 L42 28.61' S 64'55'41" E L59 53.24' N 22'34'12" E L76 1 .71' S 76'77'72" E_ / 0658054783 L97 E ZONED: COMMUNITY BUSLNESS EXISTING NONC, L98 ONDMEHT 94 / i i • I ? N 10 \\\ W'.LIAMS 1.,L u1N \ COMPANY 9645-289 °ml- \ )f \ I \ I POND \ I \ __ __-_-_-_--__-_- GRA- s RALPH STEPHENS ROAD -(SR 1114) (60' R/W) (ASPHALT IN GOOD CONDITION) NOT FOR RECORDATION SURVEYOR'S NOTES: 1) ZONING PROVIDED BY ME APPROPRIATE GOYc'RNMENTAL AGENCY; TO BE USED FOR INF09MMIIONA. PURPOSES ONLY. 2) SQUARE FOOTAGE AND DIMENSIONS OF STRUCTURE(S) ARE FOR INFORMATONAL PURPOSES ONLY. NOT FOR LEASE OR SALE PURPOSES. 3) xEIGHT AND DIMENSIONS OF OVIVHEAD ELECTRIC LINES ESTAIILISHED BY TRIANGULATION METHODS USING ELECTRONIC SURATINC EQUIPMENT. ALL NH-TS AND DIMENSIONS SHOULD BE VERIFIED BY CONTRACTOR OR LOCAL ELECTRIC COMPANY BEFORE CONSTRUCTION BEGINS. 4) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES NOTE- THE SITE: PAN, AS SWOVN ON THIS DRAViNG. LS PRELKWJARY AND MAY GHANOE! DEP02E TLE COMUENOE]%03 T OF 00143TRUOTICN ACiMTES. HOWEVER. TLE WETLAND DISTIL12SANJOE WILL BE LN9TED TO TFE 0.49 ACRES SWORN POSSIBLE ENCROACHMENTS LAND AREA SEE INDIVIDUAL PARCELS BASIS OF BEMNGS AND BENCHMARK HORIZC _ DATA BASED ON NCCS MONUMENT 'HOLLY SPRINGS' AND 'NILLSPRIND• BY USING GI'S RN uCMOEs (HUD 83) VER IICAL DATUM BASSO ON HOGS MONUMENT 'HaLY SPRINGS- (NAG EB) s_wlsc mBwis-DUC\LDCUaNP d 4 i!N f ,R )2 35 ORAYN: 'CF PARTYOREF; IP CHECKLO REF. PLAT BOOK'. REF. DEED BOOK. SE, ?„•e DLIA_ ^8_,C_ S TAN MAP : NfD\•:u8__ _ DATE OF SURVEY. -CH4_ZGOS ORAWNGN6 5'860 wTAV^ DATE OF LAST REVSON:. n 1QU 2.c' lOO' SURE: • 'SC" -e°P ,?sIF? E PRcl Eu n EFf ' / R.5: JAMES R. FREELMO N0: 17876 F STATE OF NORTH CAROLINA WAKE COUNTY WETLAND SURVEY FOR HOLLY SPRINGS RETAIL INVESTMENTS, L.L.C. SITE ADCRESS RALPH STEPHENS ROAD HOLLY SPRINGS, NC J SHIT 1 CF I u L r k- I u C? u u n 0 C IJ I Y I_ e? I t 111 l Ill l I I I G PROPOSED RETAIL ±203,619 S.F. OPEN WATER Ih1PACP # 1 (5.40 acres) MG 7-2Y \ MG MG • •F-T5• ,L-ZZZ4 11 III Ili MG 11 +'? MG Y I1 - - - I Y-Ir - - - ........ ... ............... ... . ...... .. ............. ........ .................... ..... ....... ...... ........ ....... . / PO : STORM WATER '': 2 1 MANAGEMENT ":.': WETlANO •':.' S 0 1 FACILITY M TIGA7101}AREA; OPEN WATER IMPACT #2 `F1s :':.I :..:... ' .." .." .." .:' .." ..' ...... ..,. (0.04 acre) ...j ...................................... \ I I \ 11.39 CRES \ \ I I \ r WETLAND IMPACT #3 0.04 ACRES \\?\\ ?\J\ I 0.04 ACRES Ir / 1 \ I 1 rr. 1 \ 11 1. •M4• - FLAY) A"51 I / / - I = I 74- _ I LEASE OT Ar ...I .. ..I.... {..I..I..{..{..P.{..F..P.1..1... 1 1 1 1 1 1 1 / ;.l':.I ?4ps,"420-0.F.I I I I I I / __ •i••I••F•i••I ^F•i••I ^F•i••I••1.1••f' I I I I I I I I I I I I / .L': 1:. I'.:1.':.f :: I • I I III I I I I I I I I -? _ ..I ..p. {..I..L. {..I ..L. {..I ..L • {..I.,I': I I III I L f.:'1:'.l':.I, r:: l :'.I. C.l':.C:1':.•C:'I' . I FLAG I I I / ?--? -?- - - .. / ... ......-,_... C MG 7-IY / G MG M •F-UNDIST?IRBED WETLAND / F-v G-19, SAG (0.49 acre) / MG \G 'r O SLOPE CONSTRUCTION & REPAIR AREA GRAPHIC SCALE 150 75 0 150 SCALE: C = 150' I MC i 0 0 hiG_ I EXIST)k40 MG CONC. 6IONUMIT MG A-6• u . fiAG A4 MG ?u.A \ \ O \ WETLAND IMPACT #2 01,963 SOFT. .05 ACRES WETLANDIMPACT#1 9,704 SOFT. 0.22 ACRES Reference : Base map provided by Freeland & Kauffman, Inc. ENGINEERING • TESTING ENVIRONMENTAL SERVICES PROPOSED OPEN AVATER & IYETLANDS IMPACTS MAP HOLLY SPRINGS DEVELOPMENT HOLLY SPRINGS, NORTH CAROLINA 1LE: DRAWN BY: CHECKED BY: AS SHOWN RDM hiLM 3 NO. DATE: FIGURE NO. 6 i5S5-0?-014 DECEMBER 2005 'J C! I Figures C? d-- E E 5 7 n N a Irongate Dr ??a?S c`i Scssvc?t IIclpiun? Dr W E ?° c9caa ??? S? ,?>> ?S Q?Sc c^ Ten Ten Rd S t, a ,tea ?s.? ¢ t •s w`? 92S TcchnoloElD ?F b GfA?o ?c t ?c .? c nYR/ ,ors ti Old Smithfield Rd r?e9 r' p O 4 ?. I. z ? u<. s? Optimist Farm Rd ?a NewjJViR (folly Spring 3rd St Jill Rd d EE arp St ti O a w o~ o SITE ?y ?`ac?cn?a6cti GrigsbYAvc ?S165036 w ~ ?? o A ?`,lat6?c Rossmorc•Dr Rai hStevens R, pvcnt FerrJ Rd i#1396 o - -' e gt ?? g l L"Lakc Rd ;a c ( C' o yS' ?J? n Honeycutt Rd 5 Wade Nash Rd 4 Dickens Rd a O?//ant/neD cxRd R a,? Rd q Q Old P owell Rd o v So ?i Spence Farm Rd o Ro' \ y t7 ? O a in ? d ?d Wilbon Rd b SRU1431 ° m v i . St ?O Broad St o N Ma 8 Duncan Cook R d Co/ Y e F?n rn r Rd p11e/ E Acadetny St Ps IRV vest n o Source: NCDOT Shapcfiles Y Scale: 1 inch equals I miles IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP Vicinity Map MUNI Wake Count NC Reviewed b : y, Date: August, 2005 ENVIRONMENTAL SERVICES • ENGINEERING - TESTING S&ME Project #1588-05-014 s e s a t e 1 )? ?? ' i ?,\\?s t rJ ' J* /1 r•'` 1?'~- `ter-" I`` % AP a ?- Z-z ? 0 r... +? SITE t$ S\ t`' ?1 1; .,? ?? ?- 1_•!j.??...? ?'?, 44 . 'I1'r' ?. ?. ? } K ?1, •Ly ?? •? ? i ? i..`.. .. '-.,...?_ ,?? 'tea t, i? 1 Y w?? ? ! ??• t' :rr q r, ??_ 'l _ 1 Gem Sourcc: DcLonne 3D TopoQuads w^ Y\ Scale: I inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE IBM Drawn b : JBP USGS Topography Map Reviewed b : IV1LM Wake County, NC Z Date: November, 2005 ENVIRONMENTAL SERVICES • Er4CINEERING • TESTING S&ME Project 111588-05-014 I I'll it I 1 I I I I I I I I I I I I I I I I I t t s t e e a e a e e t a e a a e I, Inflow Four foot wide berm, 1.5 feet tall, to be planted with Cephalanthus occidentalis Viburnum nudum, and Clethra alnifolia. Depressional area, thirty inches deep, to provide longer duration ponded water. Outlet: To have twelve inch/ rise to extend hydroperiod and retain water. SCALE: Not to Scale MITIGATION DRAWING FIGURE NO SOURCE: Freeland and Kauffman, Inc NC Itivy 55 By-Pass SIG Ralph Stuclls 7 Conceptual Design Holly Springs, North Carolina DRAWN BY: WGN DATE: December 2005 ENVIRONMENTAL SERVICES • ENGINEERING • TESTING SOD NO. 1588-05-014 lil-E-al-I Iii'l Photographs of Existing Site Conditions I im 1. View of southeastern agricultural field: Photo taken by Melanie McKinney on September 9, 2005, facing south. 2. View of agricultural field adjacent to southeastern property boundary: Photo taken by Melanie McKinney on September 20, 2005, facing southwest. 1 u n l f Ya 4. Approximately 5.4 Acre man-made pond located in south central portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing southwest. 3. View of agricultural field located south of onsite houses: Photo taken by Melanie McKinney on September 20, 2005, facing southwest. 5. View of pond from point near southern property boundary: Photo taken by Melanie McKinney on September 20, 2005, facing north. 6. Mowed corridor between man made pond and agricultural field: Photo taken by Melanie McKinney on September 20, 2005, facing northeast. 1 6. Approximate 0.49 Acre pond to be undisturbed: Photo taken by Melanie McKinney on September 20, 2005, facing south. 5. Approximate 0.49 Acre pond to be undisturbed: Photo taken by Melanie McKinney on September 20, 2005, facing northwest. 6. Approximate 0.31 Acre wetland in eastern portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing southeast. 7. Approximate 0.31 Acre wetland in eastern portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing northwest. I A NCDWQ Neuse River Buffer Rule Determination i O?^O? W A T ??pG . *[ r YEA l?... 7 Michael F. Easley, Uovernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Colleen H. Sullins, Deputy Director Division of Water Quality September 26, 2005 Ms. Melanie McKinney S&ME 3718 Old Battleground Road Greensboro, NC 27410 NBRRO 05-259 County: Wake BASIN: Neuse River X (15A NCAC 2B .0233) Tar-Pamlico (15A NCAC 2B.0259) Complaint NOV Buffer Determination X Incident # ADBCal Call Project Name: S. Alain Street/NC 55 and Ralph Stevens Road - Holly Springs Location/Directions: Northwest comer of the intersection of South Main Street (NC Highway 55) and Ralph Stevens Road in Holly Springs. Subject Stream: UT to Basal Creek Date of Determination: 9/20/05 Feature Start Buffer GPS Points (if provided) End Buffer Stream Form Appeal Call Located on Soil Survey Located on USGS To o ra hic A Not Subject (incl. pond) X X B Not Subject X This on-site determination shall expire five (S) years froth the date of this letter. Landorvrters or affected parties that dispute a determination made by the DIVQ 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 clo Cyndi Karoly, DIVQ lVetlands1401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DIVQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory !tearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal tinte does not start until the affected party (including downstream and adjacent lando?mrers) is notified of this decision. D{VQ recontmends that the applicant conduct this notification in order to be certain that third Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 A NA phone (919) 791-4200 Customer Service facsimile (919) 571-4718 1-877-623-6748 9/26/2005 Page 2 of 2 party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Arbninistrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. Tliis determination is final and binding iuiless you ask fora Bearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). TB is project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the USAriny Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respect lly, Eric W. Kulz Environmental S cc. III CC: File Copy Central Files DWQ Wetlands and Stornnwater Branch Heather Keefer - Town of Holly Springs Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 4vrT? 13.E NCUEN.i phone (919) 791-4200 Customer Service facsimile (919) 571-4718 1-877-623-6748 0 r It ` ;• y ? _ , SITE S -fit t ----"%L elo N • ?? ? t ? `???? ????.?) ?? p' ? 11 t -?,?; ...? ? . ?? ? , ?_ ,; +? ? • ? ,? ` ;.•?? ? x,.14 ' "•;;, 41 Cem } `a i r? ? f v DcLorme 3D TopoQuaJs Source: . , Scale: 1 inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn b : )BP y USGS Topography Map NILNt = Wake County, NC 2j Reviewed b Date: August, 2005 EPJVIRMIJENTAL SERVICES • ENGiPJEERIPJG • TESTING S&ME Project 41588-05-014 I WAKE couiwv, OF( R ?!y F?pL2 v, (l1 u l3 CeD 55, ci) oC2 /' A p Q a Ag 2," Af C2 rzaj 2 a . AgB'fl NoB OZ Af; B Z ; ?` FAG OralACZ d FaB2;?, . ApB? . t 02 oB2 NoBZ VoB OrE?2 ?oA V OrB2 N 'B2 c r 41 . 0rB O?'B2 Noa WaB [\A WT :7. -- I loEj J ?kj EEP Letter of Acceptance r 11-23-'05 23:15 FROM-DEIIR-EEP e 9197152219 T -lEcas stem PROGRAM Melanie McKinney S&ME,Inc. 3718 Old Battleground Avenue Greensboro, NC 27410 T-646 P02 U-424 Project: Holly Springs Retail Site County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If 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/CAIvIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. LJI e River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft-) (Sq. Ft.) Ri arian Non-Riparian Coastal Marsh Cold W arm Neuse 0.50 0 0 ft 0 0 0 03020201 : Upon receipt of payment, EE-P will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio. (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or LAMA Permit. 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 Carol Shaw at (919) 733-5205, November 23, 2005 ba ' ely, m D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File C'.P.S OYL Gt?... K,?GQ I ?C{ GL?... Pk-ot" 04-w StA,t' RM RUM-,, North Carolina Ecosystem Enhancement Program, 1 652 Mail Service Ccntor, Raleigh, NC 27699-1652 / 919-715-0476 / www.nccep,net HI Preliminary Stormwater Quality Basin Drawing 77 t e e e s e e t e / i IBM PQOPOSrD ,t rr?r I Y ., FORE ±2034119 tea' ?.. r t r, li ? I I' ? 1 r I ? 1I ? 1I J? III ¢. P, ? I y yirJ \i a v, ? \+ , , - - ?w ; \ \ MN XW 1L 'NO IN, vo- "AM - ,r_ ty r i r t ?? t VA \\ \!' IM\\ \ T r ;c r ??_ r `\` \ \ , it III I I I I I p I I U y, I.' All I--i I I I I I I; I I i \,\? r "I 1.1i I I ,rI I I I'I I 4f I,I I I' rill, J I( ' ------------- - + i i I 11 r r r r --------------- r y?J ,/?\ T - ,y i \ \ ` } r ?? 11,.\x`.`. \•, \ -1 A" --__- WR\\\? \ 11 N, PYTP A\ 11 d/ 1 ` GRADING / STOPMWATER _- MANAGEMENT PLAN REVISIONS Bt' UI ?? b i3g A co 197t IS 1@ CCNB,QLCTIO o W ZU WZ U m -j U) Sao co JW Fv Qa? OC Q lu U) U) -J ?a Q 0- _ - KK- DA-e M05 SNE 1"CO' JDB X CF 9@15 n L' u E G u Threatened and Endangered Species Report u u T J a n THREATENED AND ENDANGERED SPECIES REPORT APPROXIMATELY 49-ACRE TRACT HOLLY SPRINGS, NORTH CAROLINA S&ME PROJECT NO. 1588-05-014 Prepared For: WRS, Inc. 2361 South Centennial Avenue Aiken, South Carolina 29803 93 Prepared BY: S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 December 2005 U., L F171 1, 0 n n U.S. Fish and Wildlife Service Raleigh Field Office 551 F Pylon Drive Raleigh, NC 27606 Attention: Mr. David Rabon Reference: Threatened and Endangered Species Technical Report Approximately 49-Acre Tract NC Highway 55 By-Pass & Ralph Stevens Road Holly Springs, NC S&ME Project No. 1588-05-014 Dear Mr. Rabon: S&ME, Inc. (S&ME) is pleased to submit this report on behalf of WRS, Inc., detailing our threatened and endangered species survey for the approximately 49-acre tract located in Holly Springs, Wake County, North Carolina. This report and the field survey have been conducted pursuant to the proposed development of the site and is included in a U.S. Army Corps of Engineers Individual Permit application for proposed impacts to wetlands. The field survey did not reveal the presence of federally or state listed threatened or endangered species on this site. It is our opinion that the proposed development of the site will not impact the listed species for Wake County. No further study of the site is recommended at this time. Thank you in advance for your assistance with the project. If you have questions or comments in regards to this report, we may be reached at (800) 849-2985. Sincerely, S&iVIE, Inc. Melanie McKinney Natural Resources Professional SR/SEH SWE, Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 40illcox, L. .S. U? Natural Resources Department Manager (336) 288.7180 (336) 288-8980 fax (800) 849-2985 wvow.Smclnc.com Table of Contents Pap_e 1.0 Introduction ...........................................................................................................................1 1.1 Purpose ................................................................................................................................ 1 1.2 Data Review ........................................................................................................................ 1 1.3 Field Survey ........................................................................................................................ 2 2.0 Protected Species ................................................................................................................... 4 2.1 Federal and State Listed Threatened and Endangered Species .......................................... 4 3.0 Survey Results and Conclusions ......................................................................................... 10 3.1 Threatened and Endangered Species Survey Results ....................................................... 10 4.0 References ............................................................................................................................15 List of Tables Table 1 Table 2 Appendices 1. II. U.S. Fish and Wildlife Service Listings of Federal Protected Species in Wake County North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Wake County Figures Photographs Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract -Holly Springs December 20, 2005 1.0 Introduction S&ME Inc. S&ME has been contracted by WRS, Inc. to perform a threatened and endangered species survey on a proposed development site located in Wake County, North Carolina. The site evaluated is approximately 49 acres in size and located southwest of the intersection of Main Street (NC Highway 55 By-Pass) and Ralph Stevens Road in Holly Springs, North Carolina (Figure 1). 1.1 Purpose The purpose of this study was to identify federal and state listed species in the proximity of the above referenced site, conduct a field survey for the presence or absence of suitable habitat for the identified species, and to form a professional opinion of the biological effects development of the site may have on listed species. 1.2 Data Review Information concerning the occurrence of federal and state protected species in the study area was gathered from the following sources: • U.S. Fish and Wildlife Services, list of species with federal designations of Endangered, Threatened, and Species of Concern website: (http:111vww.nc- es fws.gov/es/es.html) • US Fish and Wildlife Service (USFWS) species information website: (http:/le»dangered. ivs.govhvrldli e.hoid • North Carolina Natural Heritage Program, database of rare plant and animal species, natural communities and special animal habitats known to North Carolina (http:Ilils.tutc.edu/parlcproject/rtlip/iiifo.htm) 0 u n u n 0 L J C L EI L F C L u 0 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 According to the U.S. Fish and Wildlife Service, the Red cockaded woodpecker (Picoides borealis), Dwarf wedge mussel (Alasmidonta heterodon), and Michaux's sumac (Rhos michauxii) are listed as federal endangered species in Wake County, North Carolina. The Bald Eagle (Haliaeetus leucocephalus) is listed as a federal threatened species. Fourteen species have a federal species of concern status according to the U.S. Fish and Wildlife Service. The North Carolina Natural Heritage Program lists the Red cockaded woodpecker, the Dwarf wedge mussel, and Michaux's sumac as both federal and state endangered species. The Bald Eagle (Haliaeetus leucocephalus) is listed as both a state and federal threatened species. The Yellow Lance (Elliptio lanceolata), Atlantic Pigtoe (Fusconaia masoni), Green Floater (Lasmigona subviridis) are listed as state endangered with a federal species of concern status. The Littleleaf Sneezeweed (Helenium brevifolium) and Carolina Least Trillium (Trillium pusillunt var pusillum) are listed as state endangered, with the Carolina Least Trillium having a federal species of concern status. The Eastern Tiger Salamander (Anibystoma tigrinum), Least Brook Lamprey (Lainpetra aepyptera), Triangle Floater (Alasmidonta undulate), Roanoke Slabshell (Elliptio roanokensis), Eastern Lampshell (Lanipsilis radiate radiate), Creeper (Strophitus undulates), Bog spicebush (Lindera subcoriacea), Piedmont Quillwort (Isoetes piedniontana), Small's Portulaca (Portulaca sntallii), Low Wild-petunia (Ruellia humilis), and Grassleaf Arrowhead (Sagittaria graminea var iveatherbiana) have a state listing as threatened according to the North Carolina Natural Heritage Program and with the Bog Spicebush having a federal species of concern status. 1.3 Field Survey On September 20, 2005, S&ME staff conducted a field survey to evaluate the property for the presence of suitable habitat for Wake County's federal and state listed threatened and endangered species. Photographs from this field survey are contained in Appendix II. The approximately 49 acre site is currently developed with five single-family homes and a mobile liome located on the northeastern portion of the site. The majority of the property consists of fallow agricultural fields, with several wooded areas along old fencelines. Vegetation n u 0 F L n u J I 7 n__ Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 within the fallow fields included tall fescue (Festuca arundiuacea), dog fennel (Eupatonium capillifolium), and ragweed (Ambrosia artemisiifolia). The agricultural fields were not considered suitable habitat for protected species. An approximately 5.4 acre pond is located near the south central portion of the site. A mowed corridor of tall fescue (Festuca arundinacea) separates the pond from the adjacent agricultural fields. Based on the feature's shape and location within upland soils (Norfolk and Orangeburg Series), it is our opinion that the pond was man-made and constructed within a natural drainage area. This feature was verified as jurisdictional on August 25, 2005 by the U.S. Army Corps of Engineers during an onsite meeting. Approximately 0.49 acre of a pond is located just south of the 5.4 acre man-made pond and the two features are divided by a man-made dam. Wetlands adjacent to the open-water pond consisted of red maple (Ater rubruru), sweet gum (Liquidambar styraciflua), willow (Salix, spp), bullrush (Juucus effusus), and multiflora rose (Rosa multiflora). A corridor between the wetland and adjacent agricultural field included turkey oak (Quercus laevis), sweet gum (Liquidambar styraciflua), tulip poplar (Liriodeudron tulipifera) and honeysuckle (Louicera japonica). Approximately 0.31 acres of jurisdictional wetlands were present within a low-lying area southeast of the onsite houses, and west of NC Hwy 55 By-Pass as verified by the U.S. Army Corps of Engineers on September 27, 2005. The vegetation within the wetland was dominated by shrub/scrub and herbaceous species including red maple (Ater rubrunt), willow (Salix, spp.) bullrush (Juucus effusus), multiflora rose (Rosa multiflora), knotweed (Polygouum, spp.) n 1 i II n a n a 0 u n 1I Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 2.0 Protected Species Species with the federal status of Endangered (E), Threatened (T), are protected under provisions of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543). This act requires that any action likely to affect a species classified as federally protected, be subject to review by the U.S. Fish and Wildlife Service (USFWS). Species with state designations Endangered (E) or Threatened (T) are granted protection by the North Carolina General Statute 113-331 et seq. 106-202.12. Legal protection under North Carolina law regulates the possession, propagation, or sale of any federal or state listed Threatened or Endangered fish or wildlife species. 2.1 Federal and State Listed Threatened and Endangered Species As shown in Table 1 for Wake County, North Carolina there are three species listed with a federal status of endangered, one listed as threatened, and fourteen species listed as federal species of concern according to the U.S. Fish and Wildlife Service website (http:11nc- es fivs.gov/esles.htnil), accessed September 20, 2005. The North Carolina Natural Heritage Program website was accessed to search for North Carolina's rare plant and animal species, natural communities, and special animal habitats. Results of this search for Wake County, North Carolina are listed in Table 2. Eight species are listed with a state status of endangered, and twelve species are listed as state threatened according to the North Carolina Natural Heritage website database (hap: //ils. unc. edulparkprojectlnhplinfo. him). 4 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs, NC December 20, 2005 Table 1 US Fish and Wildlife Service Listings of Federal Protected Species in Wake County e 1 n n J U, u N u r J Common Name Scientific Name Federal Status Red-cockaded woodpecker Picoides borealis E Dwarf wedge mussel Alasmidonta heterondon E Michaux's sumac Rhus michauxii E Bald Eagle Haliaeetus leucoce halus T Bachman's sparrow Ahnophila aestivalis FSC Carolina darter Etheostonta collis le idinion FSC "Neuse" madtom Noturus uriosus population 1 FSC Pinewoods shiner Lythrurus matutinus FSC Southeastern myotis Afyotis austroriparius FSC Southern hognose snake Heterodon sintus FSC Atlantic pigtoe Fusconaia masoni FSC Diana fritillary butterfly Speyeria diana FSC Green floater Lasmigona subviridus FSC Yellow lance Elliptio lanceolata FSC Bog spicebush Lindera subcoriacea FSC Carolina least trillium Trillium pusillum var. pusillum FSC Flatrock panic grass Panicum lithophilum FSC Sweet pinesap Alonotropsis odorata FSC Protection Status E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: S ecies of Concern - A taxon that ma or ma not be listed in the future Source: U.S. Fish and Wildlife Information Service xcbsite. Accessed September 20. 2005. hup://nc- es. wy. ,or/es/es.hunl. 1 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 J L i L L r Table 2 North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Wake County Common Name Scientific Name Federal Status State Status Red-cockaded woodpecker Picoides borealis E E Michaux's sumac Rhus michauxii E E Dwarf wed Temussel Alasmidonta heterodon E E Bald Eagle Haliaeetus leucoce halus T T Yellow Lance Elli do lmtceolata FSC E Atlantic Pi toe Fusconaia masoni FSC E Green Floater Lasnti ona subviridis FSC E Littleleaf Sneezeweed Helenium brevi oliunt --- E Carolina Least Trillium Trillium usillum var usillum FSC E Eastern Tiger Salamander Antb stoma ti rinum --- T Least Brook Lamprey Lam etra ae ' tera --- T Triangle Floater Alasmidonta undulate --- T Roanoke Slabshcll Elli do roanokensis --- T Eastern Lam sliell Lena sills radiate radiate --- T Creeper Stro hitus undulatus --- T Bo S icebusli Lindera subcoriacea FSC T Piedmont uillwort Isoetes icdmontana --- T Small's Portulaca Portulaca smallii --- T Low Wild-petunia Ruellia lu n lis --- T Grassleaf Arrowhead Sa >ittaria raminea var wcatherbiana --- T Protection Status E: Listed Endan veered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: S ecies of Concern - A taxon that may or ma not be listed in the future (not a legal status 1 Source: Natural Heritage Program tirebsite. Accessed September 20, 2005. http://ils.enc.edu/parkproject/liltp/info.htm. Red-cockaded woodpecker (Alasntidonta heterodon) - Endangered The red-cockaded woodpecker relies upon stands of large, live pine trees, typically 60 years of age or older. Southern pines such as the Longleaf pine (Pious halustris) and Loblolly pine (Pines taeda) are used by the species to develop nesting and roosting cavities. Foraging habitats include stands of pines and pine/hardwood mixes that are 30 years or more in age and the birds prefer trees that are 10 inches in diameter or larger. An adequate foraging habitat may be provided by 80 to 125 acres. j Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Freshwater Mussels Over sixty freshwater mussel species are known to inhabit North Carolina with the majority of these species being listed as either state endangered, state threatened, or state species of concern. The Yellow Lance (Elliptio lanceolata), Atlantic Pigtoe (Fuscouaia ntasoni), Green Floater (Lasmigona subviridis) are listed as state threatened for Wake County, according to the North Carolina Natural Heritage Program. The Triangle Floater (Alasmidonta undulate), Roanoke Slabsliell (Elliptio roanokensis), Eastern Lampshell (Lanipsilis radiate radiate), and Creeper (Strophitus undulatus) are listed as state threatened for Wake County. Freshwater mussels live in hinged calcium based shells, burrowing in stream substrates. Water is drawn into their shells and filtered for food and oxygen. The majority of North Carolina's freshwater mussel species require flowing streams with fair to excellent water quality. At the same time however, the above mentioned species differ in their preference of stream substrates (sandy, clayey, gravel, or boulders) and stream velocity (slow flowing pools verses more rapid riffles). Alichaux's Sumac - (Rhos michauxii) -Endangered Michaux's sumac is a hairy, rhizomatous shrub with stems reaching 1 to 3 feet in height. The shrub produces greenish yellow to white flowers between June and July and fruit between August and October. The plant species grows in areas of sandy or rocky, basic soils near open woods that have been periodically disturbed from roadsides, prescribed fires, highway rights-of way, or on the edges of maintained clearings. Bald Eagle - (Haliaeetus leucocephalus) - Threatened The Bald Eagle is an endangered raptor known to inhabit shorelines of large bodies of water. The species feeds on primarily fish, however sometimes preying on birds, small mammals, and turtles. Nests are constructed of large sticks, pine needles, and grasses on pine or cypress trees in North Carolina and can measure up to six feet across. E is . I Ii- a {% g U, 1?i; J n 1 i Q L J d C ?4? Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Littleleaf Sneezeweed - (Hclenium brevifoliunt)- State Endangered The Littleleaf Sneezeweed is a perennial herb with several stems that protrude from a crown. Basal leaves are present at the time yellow or reddish flowers are produced. The plant species has been known to inhabit pond and wetland habitats. Carolina Least Trillium - (Trillium pussilluna var pusillum) - State Endangered, TSC The Carolina Least Trillium is a small flowering plant that inhabits wetlands of bottomland forests with small streams. The species prefers shade and produces a solitary white to pink flower between March and early May. Activities such as logging or creation of drainage ditches, may be detrimental to the species based on the drying affect it may have on the soils. Eastern Tiger Salamander - (Ambystonia tigrinian) - State Threatened The Eastern Tiger Salamander is an amphibian with a sturdy body, large head, and rounded snout. Its body is typically blue-black or brownish black in color with yellow spots on its back and sides. The species averages 7 to 8 inches in length and spends the majority of its life underground, except during times of heavy rain or for breeding. The salamander utilizes small ponds, marshes, or other permanent bodies of water for breeding and forages in adjacent sandy pine stands. Least Brook Lamprey - (Lampetra aepyptera) - State Threatened The Least Brook Lamprey is a long-bodied freshwater fish that feeds on microscopic organic material found in clear, creeks and small rivers. Larvae utilize quiet water along pools, back water, or spring fed wetlands of sandy or clayey bottomed streams. Spawning occurs in late winter or spring and eggs are deposited along gravelly riffle sections of streams. Bog Spicebush - (Lindera subcoriacea) - State Threatened, FSC The Bog Spicebush is a multi-stemmed deciduous shrub reaching 1 to 2 meters in height with bluish green upper leaves and hairy, pale green lower leaves. Small, yellow flowers in clusters of three or four appear in early spring. Habitat requirements include moist to wet, shrub dominated wetlands with mucky peat. The bog spicebush has been found in wetlands bordering headwater streams. 8 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Piedmont Quillivort - (Isoetes piedniontana) - State Threatened The Piedmont Quillwort is a perennial fern with leaves 3 to 6 inches in length containing white megaspores. Habitat requirements include shaded areas along bottomland forested wetlands of ® creeks and rivers. Small's Portulaca - (Portulaca smallii) - State Threatened The Small's Portulaca is a flowering plant with paddle shaped leaves, known to survive in Piedmont regions. Its habitat includes open, unshaded areas with scattered trees on dry, sandy soils. Low Wild-Petunia - (Ruellia humilis) - State Threatened The Low Wild-Petunia is flowering plant with erect stems and funnel shaped blue to purple flowers. The species can tolerate full sunlight and can thrive in dry, rocky soils that are shallow to bedrock. Grassleaf Arrowhead (Sagittat-ia gran inea vat- tiveatherbiana)- State Threatened The Grassleaf Arrowhead is a perennial herb with long basal leaves and whorls of flowers with three white petals. The plant species utilizes ponds and wetlands with constant but moderate water flow. u U t C! 1 9 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs, NC December 20, 2005 3.0 Survey Results and Conclusions '- The approximately 49 acre property was reviewed during a field survey to evaluate its habitat suitability for Wake County's federal and state endangered and threatened species. The conclusions of this survey are based solely on our data review and the findings from our field survey. 3.1 Threatened and Endangered Species Survey Results RED-COCKADED WOODPECKER (Picoides borealis) Biological Conclusions NO EFFECT The Red-cockaded woodpecker depends on large tracts of old, live pine stands for nesting, and foraging stands with tree diameters of 10 inches or larger. The proposed project is not expected to impact large tracts of old, live, pine stands in Wake County, and should not impact the Red- cockaded woodpecker or its habitat. YELLOW LANCE (Elliptio lanceolata), ATLANTIC PIGTOE (Fusconaia masoni), GREEN FLOATER (Lasmigona subviridis), TRIANGLE FLOATER (Alasmidonta undulate), ROANOKE SLABSHELL (Elliptio roanokensis), EASTERN LANIPSHELL (Lampsilis radiate radiate), CREEPER (Strophitus undulatus) Biological Conclusions NO EFFECT ® The freshwater mussel species listed as state threatened and endangered for Wake County, North Carolina prefer stream habitats with fair to excellent water quality. No onsite streams were identified during the field survey, and no streams were identified by the U.S. Army Corps of Engineers during their August 25, 2005 onsite meeting. The proposed project is not expected to impact streams within Wake County, and therefore, should not impact the above listed species of freshwater mussels. 1 10 ri 1.1 G? Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 MICHAUX'S SUMAC - (Rhus michauxii) Biological Conclusions NO EFFECT The Michaux's sumac requires sandy or rocky, basic soils, near open woods that have been periodically disturbed from roadsides, prescribed fires, highway rights-of way, or on the edges of maintained clearings. During the field survey no periodically disturbed areas were observed and according to the Wake County soil survey, basic soils are not likely to be found within the property's boundaries. The proposed project is not expected to impact periodically disturbed areas with basic soils in Wake County and should not impact the Michaux's sumac or its habitat. BALD EAGLE - (Haliaeetus leucocephalus) Biological Conclusions NO EFFECT The Bald Eagle is known to inhabit near areas with large bodies of water, utilizing large pines or cypress trees for nests. During the field survey an approximately 5.4 acre pond with an adjacent 0.49 acre pond were observed within the property's boundaries. No significantly large pines or cypress trees were observed in the vicinity of the ponds. The proposed project is not expected to impact large bodies of water with nearby cypress or pines in Wake County and should not impact the Bald Eagle or its habitat. LITTLELEAF SNEEZEWEED - (Heleuium brevifolium) Biological Conclusions NO EFFECT During the field survey pond and wetland habitats were observed. Additional database searches for the Littleleaf Sneezeweed resulted in no listing for the species within the USGS "Apex" Quad according to the North Carolina Natural Heritage Program. Although potentially suitable habitat for the species may be present within the property's boundaries, the species is not listed as threatened or endangered for the USGS Quad that includes the subject property. Therefore , the proposed project is not expected to impact the Littleleaf Sneezeweed or its current habitat. I Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 CAROLINA LEAST TRILLIUM - (Trillium pussillum var pusillum) Biological Conclusions Ir= '? u =I n NO EFFECT The Carolina Least Trillium is known to inhabit wetlands of shady bottomland forests along small streams. During the field survey no streams or bottomland forested wetlands were observed within the properties boundaries. The proposed project is not expected to impact bottomland forested wetlands in Wake County and therefore, the project should not impact the Carolina Least Trillium or its habitat. EASTERN TIGER SALAMANDER - (Anibystana tigrinum) Biological Conclusions NO EFFECT The Eastern Tiger Salamander utilizes small ponds, marshes, or other permanent bodies of water located near sandy pine stands that it uses for foraging. During the field survey two small ponds and a jurisdictional wetland were observed, however, adjacent stands of pines with sandy soils were not observed within the property's boundaries. The proposed project is not expected to impact stands of pine trees and should not impact the Eastern Tiger Salamander or its habitat. LEAST BROOK LAMPREY - (Lampeb•a aepyptera) Biological Conclusions NO EFFECT The Least Brook Lamprey requires clear creeks or small rivers with sandy or clayey substrates for its habitat. During the field survey no onsite streams were observed and no streams were identified by the U.S. Army Corps of Engineers during their August 25, 2005 onsite meeting. The proposed project is not expected to impact streams in Wake County and the project should not impact the Least Brook Lamprey or its habitat. 12 i Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs, NC December 20, 2005 BOG SPICEBUSH - (Lindera subcor-iacea) Biological Conclusions I NO EFFECT The Bog spicebush is known to inhabit shrub dominated wetlands with mucky peat that border head water streams. During the field survey no wetlands that border headwater streams were observed. The proposed project is not expected to impact shrub dominated wetlands with mucky peat soils in Wake County and should not impact the Bog spicebush or its habitat. PIEDMONT QUILLWORT - (Isoetes piedmoutana) Biological Conclusions NO EFFECT The Piedmont Quillwort requires shady bottomland forested wetlands of creeks and rivers. During the field survey no bottomland forested wetlands were observed within the property's boundaries. The project is not expected to impact bottomland forested wetlands in Wake County and therefore should not impact the Piedmont Quillwort or its habitat. SMALL'S PORTULACA - (Portulaca smallii) Biological Conclusions E n H NO EFFECT The Small's Portulaca requires open, unshaded areas with scattered trees on dry, sandy soils. Fallow agricultural fields provided open, unshaded areas observed during the field survey. Due to recent farming of the site, and competition from existing overgrown vegetation, it is unlikely that suitable habitat for the Small's Portulaca exists within the properties boundaries. Therefore, the project is not expected to impact the Small's Portulaca or its habitat. LOW WILD-PETUNIA - (Ruellia humilis) Biological Conclusions NO EFFECT The Low Wild-Petunia can tolerate full sunlight and can thrive in dry, rocky soils that are shallow to bedrock. Fallow agricultural fields provided areas of full sunlight observed during the field survey. Due to recent farming of the site, and competition from existing overgrown vegetation, it is unlikely that suitable habitat for the Low wild-petunia exists within the properties boundaries. The Wake County Soil Survey showed soil series within the properties 13 J Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 boundaries were not mapped as shallow to bedrock. The project is not expected to impact the Low wild-petunia or its habitat in Wake County. GRASSLEAF ARROWHEAD (Sagittaria graininea var tiveatherbiana) Biological Conclusion NO EFFECT During the field survey two ponds and a wetland were observed within the property's boundaries. Additional database searches for the Grassleaf Arrowhead resulted in no listing for the species within the USGS "Apex" Quad according to the North Carolina Natural Heritage Program. Although potentially suitable habitat for the species may be present within the property's boundaries, the species is not listed as threatened or endangered for the USGS Quad that includes the subject property. Therefore, the proposed project is not expected to impact the Grassleaf Arrowhead or its habitat. 0 0 Q 0 0 U 14 4.0 REFERENCES North Carolina Natural Heritage Program Website. Accessed September 20, 2005. littp://ils.unc.edu/parkproiect/nlip/info.litm United States Fish and Wildlife Service, North Carolina Ecological Services Website. Accessed September 20, 2005. littp://nc-es.fNvs.gov/es/es.litnil United States Fish and Wildlife Service (USFWS) Website. Accessed September 20, 2005. http://endangered.fxvs.gov/wildlife.litml 15 E FIGURES ?J w N Irongate Dr ati?a?a 'css?cOt Delgium Dr W E s eOC° ?? Te C Abp>> h? 4t?°` n Fen Rd `S a a a S au 4; 9 v? t a ;? ?S,`\ c Tccbnolo?Y °` ?F b b? `f,; fee q4 4? o y Ct Rage `? ?c9 c?" O Old Smithfield Rd O 4 4 ? b l?sy CGS p n 65 ?¢ P F? og °i z l c- Optimist Farm Rd N holly Spring?IJil1 c? Rct 3rd St Rd EE arp St 4 a SITE tiuyy taC?C Ice y° Grigsby Ave ?Slf#5036 Rai h evens Rd CO Rossmore•Dl uu e pventFcrtY Rd o-- SR#11396 y qc '?I ?a Bass!Lake Rd ?a ?6c11 Iloncycutt Rd n? Wade Nash Rd Os df 5 a Rex Rd ' Dickens Rd D°/,Qnrncd??ryRd A ° Old I owell Rd z vC0 U RO?s°R o Spence Famr Rd d ? p a in o d 1d' SRS11431 COCA Wilbon Rd 9 s a ca A?'o Broad St o ?r?a?nst rn u Duncan COpkRd COIeYF G Rd g Academy St v Ph elps Il est Rd a Source: NCD7 Shapefiles ° ti Scale: I inch equals I miles - IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP Vicinity Map Reviewed b : MLM "`"- N Wake County, NC Date: August, 2005 EN?1RGNMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1588-05-014 - ^i'? rr?'? y r ' ?°°?..fia+i'v? ? `? ..i ? ? y k?.? ?-? ?.. „° 1? ?1 ?.N r i +°^^-i.r. t?, S 'ms`s .,?,+ •? a -p ys ?_-? 1 ?, ?` . • i J ``??- +,.: - ice; 1? J r '? a y ?., o r7 0 ?? SITE 160 "?. `-?- 1? .tom ?(. ? -?A ',1 ? /? • / ` ? .? l `^.. t IF. 1 -- i;eM Source: DcLormc3DTopoQuads • - ?^' ?ti • _ '>,?y.-b*., ', -?. Scale: I inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn b : JBP USGS Topography Map Reviewed b MLIvt Wake County, NC 2 Date: November, 2005 ENMRONMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1588-05-014'i' t I I ',II III PHOTOGRAPHS IlL r I FIL. 0 C p U ? y ? O by v C O O .C p O a? v E 3 E O E O L ? cJ N O N ? y O N O N U P. U CIO O T U N ti ? U ro w O y O 7 a ° w ,p O N L O a0. N ? b U ? O 3 w o° C 0 O a a °L • a ? C p O rn . 7E O •? a ? L ? w O ? o R N W O ,C N C .D a+ y d ? 3 C/] R C O u_ p C 'O .? x L U ti 0 N E S3. O C C U ro O O G. C d d L ? ro v., o O C O ? c 0 a M I Cultural Resources Report Q,i n n U October 27, 2005 Ms. Melanie McKinney S&ME Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 1794(9 Customer-Focused Solutions Subject: Phase IA Cultural Resources Reconnaissance Study for Proposed Shopping Center in Wake County, North Carolina Dear Ms. McKimiey: On October 26, 2005, TRC Garrow Associates hic. (TRC) conducted a limited surface inspection of an approximately 50 acre tract near Holly Springs, North Carolina for proposed retail development (Figure 1). The inspection focused on undisturbed areas and standing structures within the project area and architectural resources older than 50 years in age located within or immediately adjacent to the project area. The project area is bordered by NC 55 on the east and surrounded on the north, west, and south, by State Road 1114. Literature Review Prior to fieldwork, a background research was conducted at the North Carolina Office of State Archaeology (OSA), the North Carolina State Archives, and the North Carolina State Historic Preservation Office. This research included examination of archaeological sites, structures, and National Register of Historic Places (NRHP) files, cemetery survey records, and cultural resource reports. The background research gathered infonnation concerning the presence of known archaeological sites, historic structures or cemeteries, or potential sites on or in close proximity to the project area. ® No archaeological sites or historic structures were previously documented on the project tract. Two archaeological sites are recorded within one mile of the project area, 31 WAl 156 and 31 WA1256. Neither site was found to be eligible for preservation after evaluation. Three historic structures located within one roject tract are eligible for the NRHP mile of the . p The first historic structure, WA611, is located on the east side NC 55, 0.6 miles southeast of the project area, and was reportedly destroyed. The second historic structure, WA612, or the Richard L. Adams Farm, lies on the west side of NC 55 less than a half mile southeast of the project area. The farm includes a Colonial Revival style foursquare house, several domestic and agricultural outbuildings, tenant houses, pastures, and cultivated fields. The third historic structure, WA613, is the Alsey J. "Jeff' Stephens Farm. Possibly due to the widening of NC 55, the main house, well house, and kitchen have now been moved to the west down an unnamed gravel road running south from SR 1114. The house is foursquare with Victorian and Craftsmen details and originally included ten agricultural and domestic buildings, a tenant house, and cultivated fields. Standing at the original location are the frame and metal shed, farm equipment building, barn, garage, tobacco barn, and privy. 50101 Governors Drive, Suite 250 • Chapel Hill, North Carolina 27515 Telephone 919-530-8446 • Fax 919-530-8525 i i!o u Archaeological Reconnaissance On October 26, 2005, a cultural resources reconnaissance survey was conducted on the proposed shopping center tract by Tracy Martin, TRC Archaeologist. The survey consisted of a limited surface inspection of those portions of the project area that were not disturbed. No subsurface investigation was conducted and no artifacts were collected. The goal of this investigation was to document and characterize the above-ground and obvious disturbances and to attempt to locate undisturbed areas within the project area if they existed. Notes were kept in a field journal and general views of the project area were taken with a digital camera. The survey area is approximately 50 acres. Several small drainages traverse the project tract, and have been somewhat altered by agricultural activities. The center of the project area consists of a man-made pond with a house and cinder block building on lightly to moderately disturbed terrain (Figure 2). South of the pond is a raised bank for vehicles with marsh to the south and southeast. The northern, northwestern, western, southwestern, and southern portions of the project area consist of moderately disturbed agricultural fields with 0% surface visibility (Figure 3). The southeastern area consists of the aforementioned marshy terrain and some lightly wooded areas (Figure 4). Moderately disturbed agricultural fields continue from the southeastern comer to the eastern side. The eastern point of the project area consists of undisturbed heavily vegetated areas. The northeastern comer consists of developed properties with little to no undisturbed ground due to construction (Figure 5). To the west of this heavily vegetated area and south of the developed area lies a smaller agricultural field with 10% to f 15% surface visibility. Along the western edge of this field, three glass f ugments and one piece o whiteware were found on the surface. SUMMARY AND ASSESSMENT OF EFFECTS No previously recorded archaeological sites or architectural resources are located within the project tract. The northeastern portion is highly disturbed from a recent housing development and construction of the pond has altered the landscape in this portion of the tract. Much of the area is lightly to moderately disturbed due to agricultural use of the land; however, the potential exists for intact prehistoric and historic archaeological deposits to be present in the undisturbed portions of the tract. The proposed project would be unlikely to have an adverse effect on the architectural resource WA612, but WA613 would likely be visually impacted by any development on the southern portion of this tract. Sincerely, Tracy M in Archaeologist G Customer-Focused Solutions e a & contour interval = 10 feet f 0 milt 0.5 111n1d 0 feet 2000 North 0 kilometer 0.5 Map source: Apex, NC USGS Quadrangle, 7.5 minute Figure 1. Location of Study Area. 3 'I J u 7 J J u a F Figure 2. View of Cinderblock Building Near Pond. Figure 3. View of Agricultural Field. pl- r. n C C? U41i ?4i J H, 0 I r figure 4. view or rona. 5 J rigure J. view of ueveiopea Area. LM LAS aC-L_ US Army Corps PUBLIC NOTICE -- P? Of Engineers Wilmington District pNec-v Issue Date: January 11, 2006 Comment Deadline: February 10, 2006 Corps Action ID #: 200620291 The Wilmington District, Corps of Engineers (Corps) has received an application from WRS, Inc., seeking Department of the Army authorization to impact 0.31 acre of riparian wetlands and 5.4 acres of an open-water pond associated with the construction of a retail center and the associated shops, outparcels, parking lots, roads and stormwater control features in Wake County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.armv.miI/wetIands Applicant: WRS, Inc. 2361 South Centennial Avenue Aiken, South Carolina 29804 AGENT (if applicable): Authority S & ME, Inc. 3718 Old Battleground Road Greensboro,-North Carolina 27410 The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act. Location The site is located on the south and east side of Ralph Stevens Road, west of the NC 55 By-Pass in Holly Springs, Wake County, North Carolina. The project site is located adjacent to wetlands hydrologically connected to an unnamed tributary of Basal Creek, which drains into Neuse River Basin (Latitude and Longitude in Decidegrces: 35.6357 N; 78.8333 W). Existing Site Conditions The site indicated for the proposed development is approximately 49-acres in size and is primarily composed of fallow agricultural fields bounded by wooded areas. Vegetation within the fields includes tall fescue (Festuca arundinacea), dog fennel (Eupatoriutrt capillifolitun), and ragweed (Ambrosia artendsiif6lia). Five single-family homes and a mobile home are located on the northeastern portion of the property and would be impacted by this proposal. A 5.4-acre jurisdictional pond is located within an old pasture area/agricultural field. Directly below the dam of this pond, a 0.49-acre pond exists with adjacent wetlands composed of bulrush (Junct?s effiises), red maple (Acer ruhrtun), multiflora rose (Moser multiflora), sweet gum (Liquidambar std wcilhia), and willow (Salir, spp.). In addition, a 0.31-acre jurisdictional shrub/scrub wetland exists on the site, southeast of the onsite houses, and west of NC Highway 55 By-Pass. The vegetation within this wetland includes red maple, willow (Salir, spp.), bulrush, multiflora rose, and knotwced (Polygonian, spp.). Applicant's Stated Purpose The project is to meet the retail needs of the public while providing job opportunities and economic growth to Wake County. Project Description The project would involve the construction of a 203,819 square foot retail center with 43,200 square feet of retail shops, and five outlot parcels. Parking lots, access roads, and necessary stormwater control features are also included within the proposal. The project proposes to permanently impact a total of 0.31-acre of jurisdictional shrub/scrub riparian wetlands and 5.4-acres of an open water pond. The applicant proposed to mitigate for the impact to the 5.4-acre pond by creating a one- acre palustrine, emergent wetland on site. This wetland would accept water from the stormwater detention pond after moving through a forebay system as described below: A four foot wide, two-foot tall berm would be constructed approximately 20 feet from the inlet structure. This berm would be planted with a mix of three wetland shrubs (Cephalanthus oceidentalis, Viburnum nuchun, and Clethra alnilolia) on 3- foot centers. The berm would aid in moving water to the northern portion of the wetland cell prior to it flowing to the outlet structure in the southeast corner of the cell. Three groupings of plants would be planted within the cell. The plants would serve as both aesthetically pleasing and provide seed/forage for small birds and mammals. These plant mixtures are described as follows: 2 1. Area #1 would be planted with a mix of Iris virginica and ,S'aurirrus cernuus. They would be randomly mixed and planted on 246ot centers. 2. Area #2 would be planted with a mix of Poutederia cordala, and Pellandra virgiuica. They would be randomly mixed and planted on 2- foot centers. Area 43 would be planted Nvith Acorns calanttts on 14oot centers. Within this area a small. peanut shaped depression would be dug approximately thirty inches deep. This would provide shallow, open water habitat for amphibians, small reptiles, ducks and other aquatic birds and mammals. The shallow, open water area would not be planted. but allowed to, populate with natural recruits. The emergent wetland cell outlet structure would be elevated approximately 12 inches. so that water would be retained within the cell, encouraging infiltration into the bed of the cell and evaporation, assisting in prolonging the hydroperiod. The wetland cell bottom would be constructed to have microtopographic relief. It would be varied in elevation to provide for varied depth habitats, both shallow and deep. in a random fashion. Within one foot of the edge of the cell, a row of Hibiscus moscheutus would be installed on 8-foot centers to add forage for insects and birds. To mitigate for the unavoidable impacts to the 0.31-acre shrub/scrub wetland, the applicant proposes to utilize the North Carolina Ecosystem Enhancement Program (NCEEP). In a letter dated November 23, 2005, the NCEEP indicated that they would accept responsibility to provide 0.50-acre riparian wetlands mitigation up to a 2:1 ratio. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies. or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard. Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ). 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by February 2, 2006. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements ofthe Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards. flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline 4 erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps of Engineers is soliciting comments from the public; Federal. State and local agencies and officials, including any consolidate State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice. that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, February 10, 2006. Comments should be submitted to Mr. Monte Matthews, Raleigh Regulatory Field Office, 6508 Falls of Neuse Road, Suite 120, Raleigh, North Carolina, 27615. ( N Irongate Dr tta Q 5`eOs 1301 ium Dr b\l 'J CJ i. jr ?. n w E v? Oeaa ???; SQ51p?? ?? Ct?OCe y T"I J x JS'? av 5 i yr mod. vS'\ c -vecbno\°?Y Ch q. ly N b Old Smithfield Rd rspel O a e ?sv o? O 4 65 ? o wz ? s Optimist Farm Rd ?a C4 '/Y'. / ]rd St f IoIIY Springs New Hill Rd - ?? // Rd E Earp St O` o` ?vv SITE 7 t?yy s????i?Jbe N q vs. - Grigsby Avc GS1.Z4 ?SIS03G P Q` Rossmurc•Dr ? Rai ph stcvcns Rd ??sssa I 3 pvcnt Ferry Rd n o - 5R#13yb ?a BassiLake Rd ;50 3 0 Honeycutt Rd f ?¢. r psi b Wadc Nash Rd r Dickens Rd J/lrorin Rex ltd 4 t D r??Y ?J p q Old Powcll Rd a L. RO?sc Spcncc Fann Rd ? ?C?= kd z p .n O a ? c _ z qd SRN143I cOC? Wilbon Rd R ?'o Broad St o N?\a\n5 D u4ca° Cook Rd Co/, F G arrn .O phelps tvcsr Rd Rd 'E Academy St o. Sourcc: NCDOT Shapefilcs Scale: I inch equals I miles IIWV 55 & Ralph Stevcns Rd. Drawn b : 1BP Vicinity iviap KvU Ma- Wake County, NC -q;q C4.4 MLM Reviewed b =<' ' C} Date: August, 2005 ENVIRONMENTAL SERVICES • ENGWEFRING • TESTING S&ME Project 91588-05-014 ank 011 ism 71. rte-, `/`.%•??•+ . J ? .. . • - • c . ; ? ? '•• 1 ? rr ?•? -tit 4 ? ? • • . ' \ _?• ?'? •1, f,?•••? } 1 •, ills \, `\1 ETA '; . oral I '? SITE S? \ `ti .J S R?? f ?• ` .. f , It 440• 1114 , ?.r-? , ~(L, ! C r i ,'? ? ? ?n? _ ??VJJ ' I / l + ? It i ' ` ` •` •\ : Q, M ¦ `? ?• ' - • ` Ce m Source: Del wine 3D 7opoQuads !i •??'? / 1 ` Scale: I inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. Drawn b 1I3P USGS Topography Map Wake County, NC ShGA'? Reviewed b NILM Sam Date: November, 2005 ENIIRCNMENTAL SERVICES • ENGINFERINC • TESTING S&ME Project }!1588-05-014 Zcr? S//, vaor_seo:,er.a a13.el0 s e. OPEN WATER IMPACT #1 (5.40 acres) MO \\\\\ A\\ 1139 CAS \ \ Z)? \\-\ \1 0wACRES ±s- Es so FT. OD5 w'„-Rfs \%%M 1 Mc rue MO L F / -A- 1 . _ -L L L T t0. 1 A 4 ?204y.I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I / 111 1 •I • 1 MO 7-,r nw0 n.c Mc T-UNDIST?JRBED WETLAh? T_ •?n• rs c (049 a -p O ^p 1 APE CONSTRUCTION & REPAIR AREA ,?_ , rue I O MG \ \ 1 O - r 1 1 EXISTIrc GRAPHIC SCALE nF l Mo?uu\ r 150 rs 0 150 •0-r..??. SCALE. 1- a 150' ....... ... ... \ \ yvEn?rr, ?msc? n qra sosT. oa.cars Reference : Base map prwidcd by Freeland & Kauffman, Inc. SAME ENGINEERING • TESTING ENVIRONMENTAL SERVICES PROPOSED OPEN WATER & WETLANDS LNfPACTS NUP HOLLY SPRINGS DEVELOPMENT HOLLY SPRINGS, NORTH CAROLINA SCALE: DfbAWN by; CHLCKLD by: i AS SHOWN RDNI MLly Shams 3 of. G Four foot wide berm, 1.5 feet tall, to be planted ------------ _:_ -- -------- with with Cephalanthus occidentalis ---------------------- Viburnum nudum, and Clethra _ _ _ _ _ _ _= :: _ _ _ _ alnifolia. Inflow ...: ?::` ,>•?T:i? ?.•„ :. ,-' ;, "ti ?j. ,; • :j,"•;}?:,% .:. De ressional >, 44 4 area, thirty .• .n,.. t t tt:i .. ,., ... ..... 3 { 3 . j,j ... ,. Inches deep, .• >. : '? ;; :.;:.:,. to provide longer •., .. .. -;ii, ,. duration ponded VI : , water. ip" ?YOutlet: To have twelve inch rise to extend hydroperiod and retain water. SCALE: Not to Scale MITIGATION DRAWING SOURCE: Freeland and Kauffman, Inc NC Ilwy 55 By-Pass & Ralph Stevens Conceptual Design 'UME 1 DRAWN BY: WGN - -' Holly Springs, North Carolina /?{n. DATE: December 2005 EIIUFCNMENTai SERVCFS • E4J`;FERin, • TFSTING JOB NO. 1588-05-014 ? "' P?/E".k5 ET 2 Z ? 68?a a ly Ill Z d ?Z U w c?> J ? Za0 ,qq ar F-? ?z W OC a N OCR ?z LUJ 00 d= U ly 0. X J ZC9r.v 3v? -C%A ?9 / ? " \ 1\ \a4 BY-PASS --? OL IN (vutAB,E wO N?R/?.9 a _ I \\ 1 F<LF-1 STE?HE .y.-? :? :I \\a\? a. in 1 i "cv.f rc?S\?.cS (SE 1114) (EO F/ ')-\ - .I - -. , I[.?<""i.-r::.U =- J.,71.'.. 4?? I I? \'';, \\ \• _c 3.. 5 L- . _ Ls-.v 9 iN t.^G. c.. . . /. ,I?.? ? I -f ? - aat•.°a ?\ o s. ? \ ?-+c s. ,? • _ ?.. r? ..-.. \ 1 2z J \\ ?.c?tY- :.?'7?i/: iT,?.U__z ?'` 7/'ri ?G. v s.,, I, ? •[?.= .., `, t ? ? ?I ? _ _ ,... .. / C F r \ cx _ tiF 1- 1. -011 -1 / I \J ...pU ?V},. \??\.\•??.Y\\V•J?X J' 4T.iM4 ".+?"L?, `\ \ =/? I I...t??, - ._ .rr N-? Jr?rf??f?rf L?„??x?rt+??.r ('I ?l]?:+,? •' -; >'?3 \ ? ?`- :. >. /TiT/Z/•?U. 1 %i{// //?// it v xi' J U ?- \ POSS4WE E•CROACruEMS s?/r 1 3 5 jte . u ?? I j ?\\t.\1??- :rzsf? ?4a\ urn AREA-- '4r ! 1111I111. 1'..'..._._.f1 SEE INDI.!0JAl. O? G ?I F? '•.a9 °:: ? .*rs. ? \\ '\\ PARCELS BASS OF HEAPSCS / fn -,,..u,r * \\ ?? ^ 41 T ii J 9?.yD t C7 I s ? '?\?A 1•• \\ \\ ..KANO BtNC9uA,r?... .. ,,..a . L? ? I ? P it I fr• \ ill ?+l II _ool . d,+' a\,Y ' ?; ` ..o?vo rov .v ?_ - ?'?-•'• • •. \g, \ -M? W ;L>?-. _ .. ROOD rfOaAT10N - . s 1 /r MS?•K(. r. w ..\ - ??\ •r Imo. AtPN 51LPNCIIS ROAD R. C1RJ`-E7 \r ?,_ ?? ?... I w rt. [ _ _ __ (SA 111,) (67 R/'M) f42<?f'cRTY v._n4 ' Iw•„ • w -_ Ac' ECEI' - -_F_---- ?\• .? ? _ _ .\?;;?:?.. GEC 2 3 2 05 .., - T 1_,1:2 ? - . J• f'- 3 ,?_41 ,... . 1 _ • ?2".?L_ • ? U:.l _71. :-15" J :A fG' ? -9_'. _ 9_au. J ? Ja s r. - 1.9_rcl -f• - L J -1J" Jf J? 1}_'9 11..]Z.a 32_!! e;l ?•..•U>w9 R4LB:GH EGI:?iC4YF?EL?O?dCat... 1. ? -- ' L? ?? STATE CF NORTH CAAOU%A l ? WAKE COUNTY -- ?? ??,---------- ----- __=_? WETLAND SURVEY FOR `-' RALPH STEPHENS ROAD HOLLY SPRN RETAIL RNESTMENTS, TS, LLC. (SR 1114) (60• R/W) - w•9 -- - (A01117 .N 0000 CONDr101) NOT FOR Rf CDRDAIION ..•rt.?M •?•ow Nn t. 5^a«c9. Nc L4 F, May 19, 2006 North Carolina Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Attention: Ms. Cyndi Karoly ? v a I MA`s `4 2 ZM Cg QUAUTY g1j?BM0 n Dig :WAT'0 . Reference: Additional Copies of Request for 401 Modification Holly Springs Retail Site, Wake County DWQ #060002; USACE Action ID No. 200620291 S&ME Project No. 1588-05-014 Dear Ms. Karoly: Please find attached five (5) complete permit application sets as you requested for review of the proposed modification to DWQ#060002, Holly Springs Retail Site 401 Certification. Compensatory Mitigation Using the EEP Program Please note that based on the attached NCDWQ letter dated May 11, 2006, from Mr. John Dorney, payment into the NCEEP fund for 1 acre of non-riparian wetlands will be made in lieu of the former proposal for an onsite wetland creation. A letter of acceptance from EEP is attached and dated May 5, 2006. We understand that the wetland creation will be constructed as part of the proposed Stonnwater Management Plan, and will be subject to conditions of the stormwater management plan approval. A final Stormwater Management Plan will be submitted by Freeland and Kauffinan, Inc. through the NCDWQ Express Permitting Program. S&ME, INC. / 3718 Old Battleground Road / Greensboro, NC 27410 / p 336.288.7180 / 336.288.8980 / www.smeinc.uum Request for Modification, 401 Water Quality Certification S&ME Project No. 1588-05-014 Holly Springs Retail Site, DWQ#060002 April 14, 2006 Thank you for considering this request to modify the 401 Certification conditions. If you have questions in regards to the requests or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. Melanie McKinney ill Noel, R.F. Natural Resources Professional enior Ecologist 6 Attachments: Letter of Acceptance from EEP dated May 5, 2006 NCDWQ Letter dated May 11, 2006 NCDWQ Letter dated April 19, 2006 S&ME Letter Request for Modification to 401 Certification dated April 14, 2006 Approval of 401 Water Quality Certification and Authorization Certificate Copy of 404 Individual Permit Application dated December 20, 2005 cc: Mr. Art Kepes, WRS, Inc. 2 ,stem PROGRAM May 5, 2006 Melanie McKinney S&ME, Inc. 3718 Old Battleground Avenue Greensboro, NC 27410 Project: Holly Springs Retail Site County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification witliin this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Ri arian Non-Riparian Coastal Marsh Cold Cool Warm Neuse 0 1.00 0 0 -6 0 0 0 03020201 T 7 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Chris Mankoff at (919) 716-1921. bincerely, p .9 . am D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File Restores... F ... Protect oar State IWENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net `o?oF WA May 11, 2006 Mr. Jim Price WRS, Inc, 2361 South Centennial Avenue Aiken, SC 29804 RE: Holly Springs Retail Site, Wake County DWQ 906002, USACE Action ID. No. 200620291 Dear Mr. Price; Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department or Environment and Natural Resources Alan W. Klimek, F.L. Director Division of Water Quality Recent e-mails and phone conversations with Melanie McKinney of S&ME brought forth WRS, hic's interest in removing the on-site wetland creation as part of the mitigation requirement, and solely-accounting for the credits with payment to EEP. DWQ does not require mitigation for the 0.31 acres of wetland impact, so this mitigation allowance will apply only to the Army Corps of Engineers. However, DWQ's approval of the 401 Water Quality Certification was issued based on the on-site wetland creation being part of the storm water management plan. The created wetland must still be constructed as part of the stormwater management or an alternative design must be submitted. "A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur." as stated in Condition 11 of the Approval letter dated March 13, 2006. This condition addresses what components must be included in the plan and it addresses special conditions required for Nutrient Sensitive Waters (NSW). This letter in no way responds to the current request for modification that our office has on file. The modification request will be processed once our office has received the complete package for that modification request. If we can be of further assistance, do not hesitate to contact us. If you have any questions concerning Stormwater Management plans you may contact Sam Aghimien at (919)733-3574. Cc Melanie McKinney, S&ME, Inc. 3718 Old Monte Matthews, USACOE, Raleigh Regu USACOE- Wilmington District Eric Kulz, DWQ-RRO File Copy Central Files i R. D rney ;ground Rd, Gre lsboro, NC 27410 Field Office N hc uOIRM i?1 ,?1 a!«ra!!j 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone(919)733-1786/ Fax(919)733-6893 Intcmcl: hlipa/www.ncw;rtcryu[dily.urg ;i,}r I C....1 An Equal OppoitunitylAlf rotative Action Employer- 50% Recycled/10% Post Consumer Paper O?O? W A T ?9?G o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Colcen H. Sullins, Deputy Director Division of Water Quality April 19, 2006 DWQ # 06-0002 V2 Wake County CERTIFIED MAIL S&ME, Inc. Attn: Melanie McKinney 3718 Old Battleground Road Greensboro, North Carolina 27410 Subject: Holly Springs Retail Site Application Sets Ms. McKinney: On April 17, 2006 the Wetlands/401 Unit of the Division of Water Quality received the project modification correspondence on behalf of WRS, Inc. for a retail center in Wake County, North Carolina. We acknowledge receipt of the applicable fee; however, the project has been placed on hold for the following reason: 1. DWQ requires five (5) complete permitting application sets, associated project maps and documents In order for DWQ to begin review and process your request, we ask that you meet the above criteria. This project remains on hold pending receipt of the application sets. Please reference DWQ # noted above on all future correspondence If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919) 733-1786. ncerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Unit CBK/ljd cc: WRS, Inc., Mr. Art Kepes, 2361 South Centennial Ave, Aiken, SC 29803 Eric Kulz, DWQ Raleigh Regional Office File copy Central File 060002V2 IiollySpringsRetailSite (Wake)_Appl Sets M 9cbEh'R N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Ralcigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (hup://h2o.cnr,state.nc.us/nciNctlands) Customer Service N: 1-877-623-6748 r ? April 14, 2006 North Carolina Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Attention: Ms. Cyndi Karoly Reference: Request for Modification, 401 Water Quality Certification Holly Springs Retail Site, Wake County DWQ #060002; USACE Action ID No. 200620291 S&ME Project No. 1588-05-014 Dear Ms. Karoly: S&ME would like to submit on behalf of WRS, Inc. a request for a modification to the 401 Water Quality Certification DWQ#060002, dated March 13, 2006, for the Holly Springs Retail Site, in Wake County, North Carolina. Please find attached a copy of the 404 Individual Permit Application that was submitted on December 20, 2005. Included in this letter are responses to Conditions of the Certification and requests for modifications. Compensatory Mitigation Using the EEP Program Based on a phone conversation between Melanie McKinney with S&ME, Inc. and Monte Matthews with U.S. Army Corps of Engineers (USACE) Raleigh Regulatory Field Office on April 3, 2006, it is our understanding that the USACE will accept payment into the North Carolina Ecosystem Enhancement Program (EEP) for impacts to 0.31 acre of wetlands at a ratio of 2:1 for non-riparian wetlands. S&ME confirmed this ratio with NCDWQ representative Ian McMillan, during an April 3, 2006 phone conversation. We propose that the 401 Certification be revised to reflect these changes. SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 www.snicinc.com Request for Modification, 401 Water Quality Certification S&ME Project No. 1588-05-014 Holly Springs Retail Site, DWQ#060002 April 14, 2006 A letter Request for Changes in Wetland Credits is attached and was submitted to David Robinson with EEP on April 6, 2006. S&ME has not received a letter response from EEP to date. A response from EEP will be forwarded to NCDWQ upon receipt. S&ME would like to request on behalf of WRS, Inc., that the time frame associated with fulfilling Condition 7 of the 401 Water Quality Certification, be extended to allow payment into EEP "prior to wetland impacts", rather than within one month of issuance of the 401 Certification. This request is based on circumstances that allow WRS, Inc. to purchase property only after all items of due diligence have been satisfied. WRS, Inc. anticipates that all items of due diligence will be satisfied by July 2006. Wetland Monitoring According to Condition 8 of the 401 Certification, initiation of data collection for wetland monitoring (including well and rainfall data) must begin prior to wetland impacts. Based upon site plans for the proposed constructed wetland, construction and monitoring of this area can only occur after the open-water wetland has been impacted. S&ME plans to initiate data collection, including well and rainfall data, after impacts have occurred and the created wetland has been constructed. Diffuse Flow According to the NCDWQ's Buffer Detennination made by NCDWQ representative Eric Kulz, on September 20, 2005, it is our understanding that the onsite features are not subject to the Neuse River Basin Buffer Rules and no protected stream buffers are located within the property's boundaries. S&ME would like to clarify that the proposed stormwater management plan for this site is not designed to provide diffuse flow through constructed stonnwater conveyance outlets (as described in Condition 9), based upon the NCDWQ detennination of no stream buffers. 1) Request for Modification, 401 Water Quality Certification S&ME Project No. 1588-05-014 Holly Springs Retail Site, DWQ#060002 April 14, 2006 Deed Notifications S&ME would like to request on behalf of WRS, Inc. that the time frame associated with fulfilling Condition 10 of the 401 Water Quality Certification be revised to allow a deed notification to be in place "prior to wetland impacts" rather than within 30 days issuance of the 401 or 404 Pen-nit. This request is based on circumstances that allow WRS, Inc. to purchase property only after all items of due diligence have been satisfied. WRS, Inc. anticipates all items of due diligence will be satisfied by July 2006. Certificate of Completion WRS, Inc. did not receive a Certificate of Completion with receipt of the 401 Certification, which is required for completion of Condition 13. Closing Thank you for considering this request to modify the 401 Certification conditions. If you have questions in regards to the requests or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. .011.ool j( Melanie McKinney Bill Noel, R.F. ?w Natural Resources Professional Senior Ecologist Attacluments: Approval of 401 Water Quality Certification and Authorization Certificate S&ME Letter Request for Change in EEP Credits Copy of 404 Individual Pennit Application dated December 20, 2005 cc: Mr. Art Kepes, WRS, Inc. 3 O?O? W AT ?9QG O ,C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 13, 2006 Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken; SC 29804 Re: Holly Springs Retail Site, Wake County DWQ #060002; USACE Action ID. No. 200620291 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules (15A NCAC 211 .0233) with Additional Conditions Dear Mr. Price: Attached hereto is a copy of Certification No. 3564 issued to Mr. Jim Price of WRS, Inc., dated March 13, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B.0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. AWK/cbk Sincerely, ?" ar'?4 Alan W. Klimek, P.E. Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Eric Kulz, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 060002HollySpringsRetailSite(Wake)401 IC 0n7. i?u w? u inia 401 Oversight/Express Review Permits Unit ??17r?«? 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Intemet: http9/h2o.enr.state.ne.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper WRS, Inc. Page 2 of 7 March 13, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Jim Price of the WRS, Inc., to fill 0.31 acres of jurisdictional wetland and 5.4 acres of open water pond the Neuse River Basin, associated with the construction of the Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Holly Springs, Wake County, North Carolina, pursuant to an application filed by Public Notice by the U.S. Army Corps of Engineers on the 11 ch day of January of 2006 (received by DWQ on January 17, 2006), and in additional correspondence received November 29, 2005, March 3, 2006 and March 7, 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/CAMA Wetlands 0.31 acres PN and Construction Plans Open water and 5.4 acres PN and Construction Plans WRS, Inc. Page 3 of 7 March 13, 2006 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full, compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. and GC 3404; Continuing Compliance: 6. Mr. Jim Price and the WRS, Inc., shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jim Price and/or the WRS, Inc., NC and the US Army Corps of WRS, Inc. Page 4 of 7 March 13, 2006 Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jim Price and/or the WRS, Inc., NC in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required minimum River and Sub-basin Number 404/LAMA Wetland 0.31 acres Neuse/03020201 Planting Plan, and Monitoring and Maintenance For On-site Created Wetland: 8. Planting Plan - A creation plan and monitoring plan must be approved prior to construction of the proposed created wetland. The monitoring plan must show well location, size, number, and location of vegetation plots and type of data to be collected during the growing season (include percent bare ground). In addition to the above, you must also address success criteria which is 12.5 percent demonstrated hydrology, and 50 percent vegetative cover or 75 percent survivability. The created wetland must be monitored for 5 years. The DWQ does not allow early completion. Monitoring wells must be placed in elevated areas of the site. Finally, the planting plan should include a primary wetland species (e.g. Sagittaria latifolia or Scirpus sp.). This Plan must be submitted to the DWQ within 60 days of the date of this 401 Water Quality Certification approval. Wetland Monitoring Plan - Physical monitoring of wetlands is required annually as a condition of this Certification. If wetland impacts are determined to have occurred (these impacts may include indications of instability, eroding, sloughing, subsidence, collapse, and/or removal of the WRS, Inc. Page 5 of 7 March 13, 2006 hydrology) the owner or authorized agent shall notify the NCDWQ Raleigh Regional Office in writing. This notification shall be sent to the Regional Office within 24 lirs of first knowledge of these impacts or the first business day thereafter and shall include a detailed explanation of the nature of the problem. Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse, and/or removal of the hydrology of wetlands (monitoring frequency- annual). This monitoring may be accomplished by visual inspection of the wetland areas while conducting well maintenance efforts. Wells required by this Certification must be properly installed and properly maintained for 5 years after the Division of Land Resources releases the site unless otherwise approved in writing by NCDWQ. All well data must be provided annually to DWQ along with a written account of the hydrological status of the wetlands on the tract (by June 1 of each year). At a minimum, daily water table levels must be recorded from all wells and daily rainfall must be collected by the monitoring gages and rain gages (this data must be collected and available for NCDWQ review). At a minimum, monthly datalogger downloads, well and well site inspections/maintenance must occur for the monitoring duration depicted in conditions of this certification. Initiation of data collection (including well and rainfall data) must begin prior to impacts of wetlands. This Plan must be submitted to Raleigh Regional Office within 60 days for Division of Water Quality approval. Diffuse Flow: 9. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. ,? ty Deed Notifications: 10. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at t' ' http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; WRS, Inc. Page 6 of 7 March 13, 2006 Written Stormwater Management Plan (Final Plan Needed 11. Written Stormwater Management Plan A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur. The stormwater management plan must include worksheets, plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as .approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio- retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. WRS, Inc. Page 7 of 7 March 13, 2006 12. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This;General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forrns Docuntents.htni.; 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, N?, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 13`h day of March 2006 DIVISION OF WATER QUALITY lr?4 Alan W. Klimek, P.E. 3564 AWKIcbklVin F WAIF ?Q 9Q Michael F. Easley, Governor G William G. Ross Jr., Secretary WG?L North Carolina Department of Environment and Natural Resources D 'C Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, WRS, Inc. has permission as outlined below to impact 0.31 acres of wetlands and 5.4 acres of an open water pond for the purpose(s) of constructing the proposed Holly Springs Retail Site located on the south and east side of Ralph Stevens Road, west of NC 55 Bypass in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE'ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Holly Springs, NC COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 211.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.31 Acres of Class WL wetland 0.31 Acres of Class WL wetland In correspondence dated November 23, 2005, the EEP indicated that impacts up to 0.50 acres would mitigated by EEP if necessary for the 401 Water Quality Certification and 404 Permit. The final mitigation ratio is to be determined by the U.S. Army Corps of Engineers within the 404 Permit, but this must include a minimum of 0.31 acres of mitigation by the EEP. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 06000211ol l yS pri n gs Retai l S i to (W ake)401 _IC_EEP 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httr)://h2o.enr.state.nc.us/ncwetlands One i:diCarolina No Aaturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper e r-P m own 4 ad December 20, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Attention: Ms. Jean Manuele North Carolina Division of Water Quality 401 /Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 ATTENTION: Ms. Cyndi Karoly Reference: Section 404 Individual Permit Approximately 49-Acre Tract NC Highway 55 By-Pass and Ralph Stevens Road Holly Springs, North Carolina S&ME Project No. 1588-05-014 Dear Ms. Manuele and Ms. Karoly: S&ME would like to submit on behalf of WRS, Inc. a request for an Individual Permit (IP) associated with proposed impacts to jurisdictional wetlands on the above-referenced property. Approximately 0.31 acre of wetlands and 5.4 acres of open-water wetlands are proposed. Please find the following materials enclosed: 1) A completed ENG 4345 Form, and Letter of Authorization to Act as Agent 2) Figures: Vicinity Map (Figure 1); USGS Topography Map (Figure 2); Aerial with Soil Survey Data (Figure 3); Wetlands and Waters of the U.S. Map (Figure 4); Wetland Survey for Holly Springs (Figure 5) Proposed Open-Water and Wetland Impacts (Figure 6); Mitigation Drawing (Figure 7) SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 vwwr.snieinc.com 4 0 Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 3) Photographs of Existing Site Conditions 4) NCDWQ Neuse River Buffer Rule Determination 5) EEP Letter of Acceptance 6) Preliminary Stormwater Quality Basin Drawing 7) Threatened and Endangered Species Technical Report _ 8) Cultural Resources Report Background Information An approximately 49-acre tract consisting of Wake County Tax Parcel Numbers 0648-86-8655, 0658-06-0224, 0658-06-0615, 0658-06-1775, 0648-96-8739, and 0648-97-8033 is proposed for development. The property is located southwest of the intersection of Main Street (N.C. Highway 55 By-Pass) and Ralph Stevens Road in Holly Springs (Wake County), North Carolina (35.6357 N, 78.8333 W). The approximate location of the project area is depicted by the attached figures: Vicinity Map (Figure 1), a portion of the 1993 Apex Quadrangle USGS Topography Map (Figure 2), NRCS Soils Map (Figure 3), Wetlands and Waters of the U.S. Map (Figure 4), Wetland Survey for Holly Springs (Figure 5) and Proposed Open-Water and Wetlands Map (Figure 6). The applicant, WRS, Inc. is pursuing development of the site for construction of a 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels. Purpose and Need The proposed retail center seeks to meet the increasing needs of its citizens while providing job creation and economic growth to Wake County. The 203,819 square footage retail center with 43,200 square footage of retail shops, and five outlot parcels will create approximately 750 jobs. 0 404 Individual Perll? mit S&ME Project No. 1588-05-014 Section Approximately 49 Acre Tract December 20, 2005 Existing Site Conditions The 49-acre tract is currently developed with five single-family homes and a mobile home located on the northeastern portion of the property. The majority of the property consists of fallow agricultural fields with wooded areas along the fields' boundaries. Vegetation in the agricultural fields included tall fescue (Festuca arundinacea), dog fennel (Eupatorh nt capillifoliutn), ragweed (Ambrosia artentisiifolia). An approximately 5.4 acre pond is located in the south central portion of the property. Based on the location of the pond within areas characterized as having upland soils (Norfolk and Orangeburg Series), it is our opinion that the pond was man-made. An area of mowed tall fescue (Festuca arundinacea) separates the pond from its surrounding agricultural fields. This jurisdictional pond was verified by the U.S. Army Corps of Engineers on August 25, 2005 during an onsite meeting. An approximately 0.49 acre of a pond is located just south of the 5.4 acre man-made pond, and the two features are separated by a man-made darn. Wetlands adjacent to the open-water pond consisted of bullrush (Juncus effusus), red maple (Ater rubrunt), multiflora rose (Rosa ntultijlora), sweet gum (Liquidambar styraciflua), and willow (Salix, spp.). A corridor between the wetland and adjacent agriculutural field included turkey oak (Quercus laevis), sweet gum (Liquidambar styrac flua), tulip polar (Liriodendron tulipifera), and japanese honeysuckle (Lonicera japonica). An approximately 0.31 acre wetland is present within a low-lying area southeast of the onsite houses, and west of NC Hwy 55 By-Pass as verified by the U.S. Army Corps of Engineers on September 27, 2005. The vegetation within the wetland was predominately shrub/scrub and herbaceous species including red maple (Ater rubruni), willow (Salix, spp.), bulrush (Juncus effitsus), multiflora rose (Rosa milt flora), and knotweed (Polygonunt, spp.). S&ME conducted a jurisdictional wetlands and waters of the U.S. delineation of the on-site wetlands in April 2005. During a site visit on August 25, 2005, and September 27, 2005, the M 0 e Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 U.S. Army Corps of Engineers (USACOE) confirmed the jurisdictional limits of the onsite features. The wetlands were subsequently surveyed by Freeland and Associates, Inc. and have been submitted to the USACE for final approval. Neuse River Basin Buffer Rules During a site meeting on September 20, 2005, the North Carolina Division of Water Quality (NCDWQ) examined the onsite features for stream classification and applicability of the Neuse River Basin Buffer Rules (15A NCAC 0213.0234). The NCDWQ determined no onsite features are subject to the Neuse River Basin Buffer Rules. The NCDWQ correspondence letter is attached and is dated September 26, 2005. Proposed Jurisdictional Wetland Impacts Approximately 0.31 acre of wetland is proposed to be impacted by placement of fill material for the construction of a road, parking lots, and paved areas in the eastern portion of the site. Table 1 further identifies the proposed impacts. Table 1: Proposed Jurisdictional Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre Wetland Impact #1 Fill 0.22 Wetland Impact #2 Fill 0.05 Wetland Impact #3 Fill 0.04 Total Impacts to Jurisdictional wetlands: 0.31 acre 0 1 Section 404 Individual Permit Approximately 49 Acre Tract Proposed Open-Water Impacts S&ME Project No. 1588-05-014 December 20, 2005 Approximately 5.4 acres of open-water wetlands are proposed to be impacted by placement of fill material associated with construction of a parking lot, building pad for the proposed retail shops, and stormwater management facility with a wetland mitigation area. Table 2: Isolated Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre Open Water Impact #1 Excavation/Grading 0.04 Open Water Impact #2 Fill 5.4 Total Impacts to Open Water Wetlands: 5.44 acres Protected Species S&ME reviewed the U.S. Fish and Wildlife Service webpage and the North Carolina Natural Heritage Program website for information concerning the occurrence of federal and state protected species in Wake County. A field survey was conducted to observe the presence or absence of suitable habitat for the federal and state protected species listed below. 5 Section 404 Individual Permit S&ME Project No. 1588-05-014 Approximately 49 Acre Tract December 20, 2005 Table 3: Protected Species Summary Common Name Federal Status State Status Picoides borealis Red-cockaded woodpecker E E Rhus michauxii Michaux's sumac E E Alasmidonta heterodon Dwarf wedge mussel E E Haliaeetus leucocephalus Bald Eagle T T Elliptio lanceolata Yellow Lance FSC E Fusconaia ntasoni Atlantic Pigtoe FSC E Lasmigona subviridis Green Floater FSC E Heleniunt brevifolitan Littleleaf Sneezeweed --- E Trillium pusillurn var pusillunt FSC E Carolina Least Trillium Antbystonia tigrinunt Eastern Tiger Salamander --- T Lampetra aepyptera Least Brook Lamprey --- T Alasntidonta undulate Triangle Floater --- T Elliptio roanokensis Roanoke Slabshell --- T Lampsilis radiate radiate Eastern Lampshell --- T Strophitus undulatus Creeper --- T Lindera subcoriacea Bog Spiccbush FSC T 6 0 Q Section 404 Individual Permit S&ME Project No. 1588-05-014 M Approximately 49 Acre Tract December 20, 2005 Isoetes piednlontana Piedmont Quillwort --- T Portulaca smallii Small's Portulaca --- T Ruellia huntilis Low Wild-petunia --- T Sagittaria grantinea var weatherbiana --- T Grassleaf Arrowhead E: Listed Endan cg red - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: Species of Concern - A taxon that may or may not be listed in the future During the field survey no protected species were observed. Based on information obtained from data review and field survey, it is unlikely that the proposed project will impact Wake County's state and federal protected species. A copy of the Threatened and Endangered Species Technical Report is attached with this permit application. Cultural Resources S&ME subcontracted TRC Garrow (TRC) to evaluate the project area for cultural resources. TRC's literature review identified no archaelogical sites or historic structures within the property's boundaries. Two archaelogical sites were identified as being recorded within a one mile radius of the project area, however, neither of the sites were found to be eligible for preservation after being evaluated. Three historic structures within a one mile radius of the site, WA611, WA612 (Richard L. Adams Farm), and WA613 (Alsey J. Stephens Farm) were determined eligible for inclusion on the National Register of Historic Places (NRHP). On October 26, 2005, a cultural resources reconnaissance survey was conducted on the property and much of the property was determined to be lightly to moderately disturbed based on agricultural use of the land. M 0 Q Section 404 Individual Pen-nit S&ME Project No. 1588-05-014 Pi Approximately 49 Acre Tract December 20, 2005 According to the cultural resources report, "no previously recorded archaeological sites or architectural resources are located within the project tract." Furthermore it stated that , "the proposed project would be unlikely to have an adverse effect on the architectural resource WA612, but WA613 would likely be visually impacted by a development on the southern portion of this tract." A copy of the Cultural Resources Report is included with this permit application. Alternatives Analysis Criteria such as location, cost, constructability, and construction schedule are used to determine the suitability of potential retail sites. The size of the potential tracts must accommodate the size of standard building prototypes for the proposed retail center. In many instances, this may require acquiring adjacent properties, and reluctance of private property owners to sell, creates unsuitable tracts of land. Access to major transportation and required off-site improvements such as road widening, construction of traffic signals, and availability of water, sewer, gas, and electricity are evaluated. Costs associated with earthwork, concrete and asphalt paving, environmental permitting (wetlands, Phase I and II environmental issues), building permits, and construction materials are influenced by site specific factors. 0 Location of a potential site determines the economic success of a retail center along with its ability to meet the transportation needs of its employees and customers. Consequently, a retail center of this magnitude in size must be located within a specific range of the major population. Five potential retail sites met site location criteria for the Town of Holly Springs. The following sites were detennined unsuitable for the proposed retail center based on criteria listed below: e I I ? Section 404 Individual Permit S&ME Project No. 1588-05-014 ® Approximately 49 Acre Tract December 20, 2005 Alternative Sites Evaluated NC Hwy 55 By-Pass and New Hill Road 1) Approximately 2,100 linear feet of perennial streams traverse the property with the Neuse River Basin Buffer Rules potentially applicable to these features. 2) Significant earthwork required based on site topography 3) Reluctance of one property owner to sell diminished size of tract NC Hwy 55 and Holly Springs Road 1) Small size of tract does not accommodate the standard size of the proposed project and will not provide adequate space for parking facilities or proposed detention ponds needed for protection of water quality 2) Poor accessibility associated with location of tract, off-site road improvements needed Holly Springs Road and Bass Lake Road 1) Approximately 3 acres of wetlands located within property's boundaries with Neuse River Buffer Rules potentially applicable 2) Significant earthwork required based on site topography 3) Small size of tract does not provide adequate space for proposed detention ponds needed for protection of water quality n 0 0 Section 404 Individual Permit S&ME Project No. 1588-05-014 n Approximately 49 Acre Tract December 20, 2005 NC Hwy 55 By-Pass and Avent Ferry Road 1) Irregular sized parcel does not accommodate standard size of proposed project with adequate parking facilities 2) Approximately 700 linear feet of stream and approximately 1 acre of wetlands with Neuse River Basin Buffer Rules potentially applicable to these features 3) Poor accessibility to NC Hwy 55 By-Pass, off-site road improvements needed Avoidance and Minimization After evaluating the alternative sites, the NC Hwy 55 By-Pass/Ralph Stevens Road tract was determined to be most suitable. Environmental impacts and costs associated with environmental permitting were reduced by utilizing the NC Hwy 55 By-Pass/Ralph Stevens Road tract, based on the North Carolina Division of Water Quality's detennination that the Neuse River Basin Buffer Rules were non-applicable to the onsite drainage features and considering that pursuance of a major variance was deemed unnecessary to meet project goals. Although the location of the 5.4 acre man-made pond in the south central portion of the tract creates unavoidable impacts for development of the property, approximately 0.49 acre of higher quality open water wetlands shall be undisturbed by this project. Approximately 0.31 acre of sluub/scrub jurisdictional wetlands is proposed to be impacted in the eastern portion of the property adjacent to NC Hwy 55 By-Pass. The location of the 0.31 acre wetland at the proposed entrance from NC Hwy 55 By-Pass creates unavoidable impacts for development of the tract. Utilization of road frontage property for outparcels also creates unavoidable impacts for development of the tract. 0 10 k m n Section 404 Individual Permit Approximately 49 Acre Tract Cumulative Impacts Analysis S&ME Project No. 1588-05-014 December 20, 2005 Based on the project's location within the Neuse River Basin, downstream water bodies have been designated as Nutrient Sensitive TVaters and the Neuse River Basin Buffer Rules are currently in place requiring 50 foot wide riparian buffers adjacent to surface waters. Activities within buffered areas have been classified as either "exempt, allowable, allowable with mitigation, or prohibited," according to the Neuse River Basin Buffer Rules (15A NCAC02B.0234). The rules also put into place local riparian buffer protection programs to further monitor and enforce activities within Neuse River buffers. Aquatic Endangered According to the Natural Heritage Program's online database accessed December 14, 2005, (http://ils.taic.edtL/parkpro'et ct/nhp/in o.htm) , the Eastern lampmussel (Lampsilis radiata radiata) is the only listed threatened aquatic species for the Apex USGS Quad. Documented populations of the Eastern lampmussel in Wake County have been found in the Little River, along with the Middle and Swift Creeks. These waterbodies are located northeast of the project site, and the proposed project is not expected to impact endangered or threatened aquatic species in Wake County. Stormwater Management A Grading/Stormwater Management Plan drawing is attached and includes a proposed wet detention pond designed for greater than 85% of Total Suspended Solids reduction to improve water quality. The stormwater management plan for the proposed retail center will follow guidance in the State Stormwater Management Best Management Practices. 11 0 Section 404 Individual Permit S&ME Project No. 1588-05-014 M Approximately 49 Acre Tract December 20, 2005 Existing Stonnwater Programs The Town of Holly Springs, is currently involved in the Phase 11 NPDES Stonnwater Permit Program and local regulations are in effect according to the Neuse River Basin Buffer Rules. With local government programs in place, that meet or exceed state best management practices, it is unlikely that the proposed project will create cumulative impacts that affect downstream water quality. Storm-Water Management Plan A Stormwater Management Plan shall be submitted to the NCDENR Division of Water Quality- Water Quality Section- Wetlands Unit by Freeland and Kauffinan, Inc. This application will include a NCDENR DWQ Stormwater Management Permit Application Form, NCDENR DWQ 401 Wet Detention Basin Worksheet for the proposed basin, and an Operations and Maintenance Plan. Greater than 30% of the proposed site is proposed to be developed as impervious surface. The basin will be located in the southwest corner of the planned development. The location of this basin is shown in the Preliminary Stormwater Drawing Section. Compensatory Mitigation Open-Water Wetlands Onsite mitigation is proposed for unavoidable impacts to 5.4 acres of open-water wetlands. The creation of an approximately one acre palustrine emergent wetland is planned. The proposed wetland should provide a more diversified habitat for insects, birds, and aquatic species in comparison to the limited habitat that the existing open-water wetland provides for mainly aquatic species. The emergent wetland cell will accept water from the stonnwater detention pond, but only after water has been through a forebay to drop sediments, and then through the storniwater pond for detention. u 12 F.71 0 MQ Section 404 Individual Permit Approximately 49 Acre Tract S&ME Project No. 1588-05-014 December 20, 2005 A four foot wide, two foot tall berm will be constructed approximately 20 feet from the inlet structure. This bean will be planted with a mix of three wetland shrubs (Cephalanthus occidentalis, Viburnum nudum, and Clethra alnifolia) on 3 foot centers. The berm will aid in moving water to the northern portion of the wetland cell prior to it flowing to the outlet structure in the southeast corner of the cell. Three groupings of plants are proposed to be planted within the cell. The plants will serve as both aesthetically pleasing and provide seed/forage for small birds and mammals. These plant mixtures are described below and depicted in Figure 6: 1. Area #1 is proposed to be planted with a mix of Iris virginica and Saururus cernuus. They should be randomly mixed and planted on 2 foot centers. 2. Area #2 is proposed to be planted with a mix of Pontederia cordata, and Peltandra virginica. They should be randomly mixed and planted on 2 foot centers. 3. Area #3 is proposed to be planted with Acores calamus on 1 foot centers. Within this area a small, peanut shaped depression is proposed to be dug that will be approximately thirty inches deep. This is to provide shallow, open water habitat for ducks and other aquatic birds and mammals. The shallow, open water area should not be planted, but allowed to populate with natural recruits. The emergent wetland cell outlet structure is proposed to be elevated approximately 12 inches, so that water will be retained within the cell, encouraging infiltration into the bed of the cell and evaporation, assisting in prolonging the hydroperiod. The wetland cell bottom will be constructed to have mircotopographic relief It will be varied in elevation to provide for varied depth habitats, both shallow and deep, in a random fashion. Within one foot of the edge of the cell, a row of Hibiscus moscheutus will be installed on 8 foot centers to add forage for insects and birds. 13 8 Il J Section 404 Individual Pen-nit Approximately 49 Acre Tract Success Criteria S&ME Project No. 1588-05-014 December 20, 2005 This proposed mitigation presents a unique scenario in that the emergent wetland cell is to be hydraulically fuelled by rainwater collected from the adjacent development. It is also expected that even though an estimated 10,000 or more herbaceous plants are proposed for installation within the wetland cell, natural recruitment of species such as Juncus spp., Scirpus spp., Typha spp. will occur. Further, it is expected that wind blown tree species such as Acer rubrunt, Fraxinus pennsylvanica, Salix nigra, and Platanus occidentalis will also likely take root in and around this cell. If some mortality of the installed plants occurs, the gaps will likely be filled by natural recruits of the above mentioned or other wetland species. Therefore, no survival criteria is offered with this mitigation. One shallow groundwater well with a daily automatic water level reader will be installed within the wetland cell. Jurisdictional hydrology (soil saturation within 12 inches of the soil surface for 5% of the growing season) will be attained within two years of completion. Monitoring Well monitoring is proposed for a period of five years, however, if success criteria for jurisdictional hydrology is met and maintained for a period of three years, a request for no additional monitoring may be submitted to the USAGE. 14 41 e Section 404 Individual Pen-nit Approximately 49 Acre Tract S&ME Project No. 1588-05-014 December 20, 2005 Jurisdictional Wetlands Payment into the North Carolina Ecosystem Enhancement Program (NCEEP) fund is proposed for compensatory mitigation of unavoidable impacts to 0.31 acre of jurisdictional wetlands. An EEP Acceptance Letter is attached and dated November 23, 2005. Closing Your review of this application is greatly appreciated. If you have questions in regards to the permit application or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. Melanie McKinney Natural Resources Professiona 3 Gt hrl M f ???IQ,? ill Noel, R. Senior Ecologist Attachments: ENG 4345 Fonn, and Letter of Authorization to Act as Agent Figures Photographs of Existing Site Conditions NCDWQ Neuse River Basin Buffer Rule Detennination EEP Letter of Acceptance Preliminary Stormwater Quality Basin Drawing Threatened and Endangered Species Technical Report Cultural Resources Report Cc: Mr. Jim Price, WRS, Inc. Ms. Heather Keefer, Town of Holly Springs e 0 15 0 0 ENG Form 4345, Supplemental Information and Letter of Authorization to Act as Agent ?rW7-- 0 N =j E43 OCT-21-2005 11:17 FRCtl:WRS INC 18036425908 T0:913362888980 P.2 LETTER OF AUTHORIZATION 4 TO ACT AS AGENT Date: 10/20/05 l Project Information S&ME Project Name: Approximately 46.17-Acre Tract - NC By-Pass 55/Ral I Stevens Road, Holly Springs Type of Project: Wetland Permitting Location: West of NCB -Pass 55/Partially encompassed by Ralnl. v b Rd, Town of Holly Springs, Wake County, North-Caro is Property Owner/Representative Information Business Name: WRS, Inc: Mailing Address: 2361 South Centennial Avenue City, State, Zip Code: Aiken, SC 29803 Telephone No. (803) 649-1411 Contact: Jim Price k Agent Information Business Name: S&ME, Inc, Street Address: 3718 Old Battleground Road 1 4 City, State, Zip Code: Greensboro, NC 27410 Y ; Telephone No. (336) 288-7180 Contact: Melanie McKinney ; Authorization: ? I l..Z..-... • on behalf of , (Contact Signature) hereby autholl : e (Name of Landowner or Representative) J S&ME, Inc. to act as agent for the above-mentioned p. 1 ect. ' i 1 'v q= i 1 9 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 133 CFR 3251 Expires December 31, 2004 0 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application.for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED QLp - Coo Q /MP443 RF/ ow TO RF Ft/ / Fr7 Hy dpPt 11-mun 5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME AND TITLE (anepentisnotreouired) WRS, Inc. S&ME, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2361 South Centennial Avenue 3718 Old Battleground Road Aiken, South Carolina 29804 Greensboro, North Carolina 27410 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE - a. Residence NSA a. Residence N/A b. Business (803)649-1411 , b. Business (336)288-7180 11. STATEMENT OF AUTHORIZATION I hereby authorize, SEE AGENT AUTHORIZATION LETTER to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. i1 / APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE fseeinsur ions. Holly Springs Retail Site ?0 13. NAME OF WATERBODY. IF KNOWN r,/aa„i., irP + 14. PROJECT STREET ADDRESS titapplicablc) Closest named waterbody: Basal Creek 15. LOCATION OF PROJECT Wake NC COUNTY STATE I 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (-m.,vucrions) Center of Property: 35.6357 N, 78.8333 W 17. DIRECTIONS TO THE SITE From Holly Springs: Take NC Hwy 55 By-Pass South, Take Right on S. Main Street, veer left on Ralph Stevens Road, property is partially encompassed by Ralph Stevens Road. G OR 45, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 1 1 i 7 D C r I n Supplemental Information BNG Form 4345 Holly Springs Retail Site Block 18. Nature of Activity The applicant, WRS, Inc., is pursuing the development of approximately 49 acres for construction of a 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels. A bulldozer, backhoc, and other heavy equipment shall be used to build a road, parking areas, and a stormwater management pond. Block 19. Proposed Project Purpose The proposed retail center seeks to meet the increasing needs of its citizens while providing job creation and economic growth to Wake County. The 203,819 square feet retail center with 43,200 square feet of retail shops, and five outlot parcels will create approximately 750 jobs. Block 20. Reason for Discharge The proposed discharge to jurisdictional wetlands is necessary to facilitate construction of building pads for the retail center and retail shops, parking lots, access roads, a stormwater quality pond and paved areas needed for development of outparcels. Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Jurisdictional Wetland Impacts (0.31 Acre): 2,200 cubic yards clean earthen fill material Open Water Impact (5.4 Acres): 40,350 cubic yards clean earthen fill material Block 22. Surface Area in Acres of Wetlands or other Waters Filled 0.31 acre of riparian wetlands, 5.4 acres of open-water wetlands Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc. Name Address Horace and Ruby Powell 218 Windsor Wynd Place ru ua -Varina, NC 27526 Stafford Land Company 246 Valleyfield Lane Southern Pines, NC 28387 *Mailing Labels are attached for your convenience C? s n ??Ill Figures U1, w N Iron/gate Dr 4a s?cpr Belgium Dr oa }cs b ¢? ?C3?? ??N 4 t0,, ?C, e``rc f T el T en nd SS b 2, e pr ? v ???? ` a ?SA TecbnolobY b Aro 0°4 ??c ti Old Smithfield Rd 5r Cco p Q ? •S ? C? o' ? o w Z $ ?0. orb Optimist Farm Rd ?? Netr f!i//?d 3rd St Ne`?ill Rd E Carp St 7 SITE y C4 Grigsby Ave in Ralph Stcvcus R vent Fcm Rd ? r d SRN1396 o _ a Bass 'Lake Rd la4 I c 4 ? Iioneycult Rd r 9?. e'Q3?? b J Wade Nash Rd ?sf, di Dickens Rd a O?//°nt/ne Rey Rd a o Dv`ry ?d rp q v Old P owell Rd us v Spence Fa ? d e o rm Rd > 0 \ d .o O a rn w x ? 3 ?ocoo,F Wilbon Rd SIZ#1431 ?o' A q n? ?o Broad St t o 1??1aoS 8 v' Duncaf ' Cook Rd Co/eY Faki rn G ID r //1e 1 Rd E Academy St b Source: NCDOT Shapcfilcs N cstRd x v a Scale: I inch equals 1 miles IIWY 55 & Ralph Stevens Rd. FIGURE s `^ Drawn by: JBP - ? IN Vicinity Map Reviewed b 1 ILNI , --7 - - Wake County, NC Date: Au"ust, 2005 EN%1tK%!.1ENTAE SERVICES • UJOI ~EERING • TESTING S&NIE Project it 1533-05-014 ? ??' ??!'I ice, ,r?i t • • .??1j, /1Jt+ f! { I1 ?/ r /'? /? `f !..??\ - ?- ? Vii. r ^•lt Ta" nfw f?'? Nwv, F, N It Ce ,.- -,; • ?.-'- ;.?' .;- ?.. ?_ ?? J , _ !y , , , x•,1`1 •? '1?, ? / ?? J ? --'?? -`mil`' '??:```='"? ?-?.`i l,J ys •1 ?' \ '\ '... ',--'f /- ?.`} '\?? ? "N OL j7F ?J / --° '! ?__.f `ti ;::?•%' ` ?f Ch:r l?•__ -? -1 ? t` ? '` `tip ?_?.? ? ?,-_ ills SITE 60 IN 114 C' I?N 114 % 1` . m J Source: DcLonnc 3D TopoQuads ?1 • / r ^' ??` f? t ?y?.-?? !' Scale: I inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP USGS Topography Map 1iL?t " Wake County, NC Reviewed bv: Dale: November, 2005 iErAIRONMENTAL SERVICES • ENGINEERING • TESTING S&NIE Project 111533-05-014 iI iI J r 1 1 ?1-,? ?t`?{t ???; !.? ?1`4l ?`E.*fi ? E'/? ? 4 , rt-.? ? ?X.? 1 •-?tix ?.?.,. M, , ?. *. r ?x t f ,-k N 4 :« ?? !wc tar AL- ng132 ,132 # IS r i;?c z fir.. 1 f r, tt? 5I ?n1(,2 "?'?y alt.: t -.,`:: ?' ., ???=.?,f? +r?' +•?i , oe" .,M;,' Y?r BZ` {•? , , J SITE r- Ra sr; f •- ; ??? ; ti' -. ,. ,?? - ?8 to ?a ?¢ 1`b .Nnl3 _ { .... _..`".,.`,<? Ra art ^ ` 3 t#.. . ??• ?,k lip ? T r r..-, t •+7 t., r r fy ;+ X # f Nol32 , 37 - f ?,,• ? . , `,? „? i' e".' `dom. 6 ? 1 InC2t r? ? ` ? r ;. NoB2 Qc(*2 . sf. QrR2 `? ?? ?? } f132"; 8 is 3' OrC2 !A r (V 2 Non ? L ' 41 Iz FA . ` NciR OrC2 c .AAgC2 I1 l.G I1l i, (%u ' 1itl: ice' t Sources: Orthophotography provided NC OncMap Soils provided by Wake County GIS 1 Vii s Scale: I inch equals 400 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP NRCS Soils Map Reviewed bv: MLM Wake County, NC Date: NoVCnlber, 2005 EhJVIRGNMENTAL SERVICES • ENGINEERING • TESTING S&ME Project 111588-05-014 ?N% x z ? «, ?: ti , - F _g 4 E a 3ryt y r w # 's g y1i - f x a t X11 M Legend j# + .; r' JD Flag Locations Urthophoto,r}phpprovided NC One Site Boundary Map x E+ : Scale: I inch equals 400 feet HWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP Wetlands and Waters of the U.S. Ma Reviewed bv: MLM _ Wake County, NC 4 E Date: November. 2005 LNVIRorvMDra p, t u '' u DI L u / ZONING INFORMATION ZONING R-2D NO 55 BYPASS - 100' SIDE . 10' REAR • 25' BUILDING HEIGHT - 35' ZONED. COHALNITY BUSINESS NO 55 - 50' LOCAL STREET - 50' SIDE 10* REAR - 10' QBUILONG HEIGHT - 45' GRA,n DRIVEL RALPH STEPHENS ROAD (SR 1114) (60' R/W) (ASPHALT IN GOOD CONDITION) xCCS YOMIUFNI ? •na[r BPaINGS• \ N 6SMSR)000 E _II" 2 J8C0 R 1114 /,. ERR ] OPEN TOP (?Nn F20POS_ LEFT TLr2N LANE (100• STORAGE) \ Pi. S 8015'25' E - ` _ \ \ 1 061272' W ? . ` - 547.,31- GAW \ TOTAL (TIE) - , 4803.78 ` AYIL 1.02 13 L14 JTi11i ; 0?D HE- DUTY ASF U T SIP 5 \ OPEN DP 10 , r.=.T ? N(ALL At\idIR?RR\\Rm\ , vrvmmlr,v, Y ?N/T n (rr _ - CU BURRELL .4 \ a / L "A.A.' In MES F k ADDLE J. ^?`ftt A, ICL^•4 a ? rmr NDUCN D64-2661 48868655 ` 48n8B yam, A'[' A I (ZONED.: R-20 \ PT A_ 3,330 SOFT. -.445 ACRES PT. I ?-- y y pp +i ? l lir (j "G 1711 ?t? 7-8 AY.Up L: .: ,. D ILEA.. 'J? T} ... ?..f• ..' 1719 .o ................. h?l 7 \i?T?}Ti}}i}lf9}4i}?R}T......,..: •.m ?: :: . : ST02M WAT (E •••''' .,' ?3y?951t`.F?1.f..tJ.': r.'Ll.'. / MANAGENeVT C/1. OF FACILIT7 'lLAN2] L •;3C..J:• :,..5'.V.C".?:: D:Ri ROAD I AA AryC1 ... T. I I ru;,?H ........... ... .....::: A.,7:1 L? ? _ ? _ _ ? •.::::, T tarl:.r: c:r:.trl:a: { 1?tJ l tl1'1.• -1- F?.lPC9_O PIY,µyTT LINE ? ...1 ?.? ? .. " ......:..:...:'.?:.:N: --RALPH STEPHENS ROAD PROPOSED (SR 1114) (601 R/A') SOUOOL PROPERTY 164 304,123 SQFT. , yIc 6.982 ACRD \e 0 4 PT. 7 _ 5 N 84TCJP W CURVE iAOLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 197.57 43441 270 85' !94 29' S 220' E 65'JSbS' C2 1 295.20' 1 92' 1 319.70' 491.50' S EO'49'42' w 77'A9'A5' POND ? Ac 21,356 SO.FT (A c-u' 0.490 ACRES 0 \; dAi 103422' \OO N/F F HORACE C. R RUBY G. PC WELL ETAL D.B. 02464-0179 PIN IF 054°555332 ZONED R-20 LINE TADLE L25 34.54' S 53-0'20' W L43 40,33' N 72'C5'12" E LEO 3155 N 44'45'52' E LINE LENGTH REARING L27 10.94' S 17-1576' w L44 3451' S 1551'49' E LEI 415' 55'0'55' W Lt 3109' S 30'54'19' E L28 27P9' N 25'50'57' W L45 27,74' S 54'11'28' E L62 59.76' S 76'52'37' W L12 16719' S 87'2751" E L29 12.57' N 46'20'55" E L46 20.42' N E5'55'31' E L63 106.96' S el 19'06' W L13 30.33' S PO29'47' E L3D 35,76' N e6'53'18" E L47 36 e7 S 59645435" E L64 79P5' S e9'22'29" w L14 37.93' S 79'58'12' E L31 54,73' S 89"06'33' E L48 41.35' S 64'40'43' E L65 3770' N 4352'36" W L15 92.21' S 4729'25" E L32 5023' S 76'20'55' E L49 18-94' S 60'18'05" E 1.66 109.23' N 30'12'26' W L16 5126' S 3150'43' E L33 4019' S 70'50'54' E L50 11.11' S 7571'21' W L67 154.29' N 38'55'52' w L17 2507' S 31'50'43. E L34 18.05 27'7 '33" E _51 45.81' N 5375'`0' W L68 22943' N 15'29'C2' W Lib 147.47' S 30'19'07" E L35 2271' S 34'30'37' W L52 26.C8' N E219'42' W LE9 16_'5' N 53'19'57' W L19 TIE 94.16' N 84-10-37- W L35 4.34' S 51'31'48' W L53 31,33' N 39}4'43" E 1.70 25.19' N 17'26'22' W L20 153.0 ' N 21'14'42' E L37 a 90' S 34'33'04" W L54 29.22' N 15'58'10' W L71 31.52' N 03'50'56" E 1.21 55.94' N 2125'09' E 1.36 26.95 N 14'39'SO" W L55 44,16' N 54'58'20' W L72 4259' N 21'40'17' E 1.22 5.84 S 15'32'29" W 1.39 27.07 N 24'42'19" W L56 63.33' S 73'43'19' W L73 67.47 N 37'55'44" E 1.13 47.92' N 71'44'51" w L40 29-03' N 7327'35' W L57 5102' N 82'42'33' W L74 81.85' N ,5'44'49' W L24 44.19' N 8012'17' W U1 itfi9' N 5729'<g" E L58 33.93' N 55'07'25' W L75 1759' N 117722' W 1.25 55.74' N -13'23' W L42 2561' S 64'55'41" E L59 53.74' N 2274'12- E L75 15.71' S 76'33'12' E 3 / uOo* Tu"N vl • A CUTPAR( 21.37 A -NEW HIGHWAY 55 BY-PASS (SOUTH MAIN STREET) (VARIABLE WIDTH RIW) MONUMENT s? \ \ \ PIT. ?\Y N MAT71E R HECGIE D.B. 02009-CE07 PIN / 0658061775 ZONED: R-20 17,088 SOFT. 0.392 ACRES L F LINE (200* BTWAGO A? FVOPOSEO B ANCE TO \ MAN STIR BQJNF r MF1LAhV IPI I* 1927 SOFT. N 4i57'0,L OAA5 AC-_S ,eGPOt? LANE 600' STp2A f P 1719 \ \`L YFNAD APACT M 9.70A SOFT. 0221 ACAS / w PT N/F AAC ? \ \ PAT COWARDS D.B. 1065806434 / / - ?•? g' ? ?J? \ N L 0658064,3 2 394 N S 1395 ITE S??A,,?,,LPM ?0 HENS a NCPLIY MAP DiCT TO SCALE) SURVEYOR'S NOTES: I) ZONING PROVIDED BY ME APPROPRIATE GOVERNIAENTAL AGENCY, TO BE USED FOR INFORMATIONAL PURPOSES ONLY, 2) SGIARE rooTACE AND DIMENSIONS OF STRUCTURE(S) ARE FOR NFORMAOCNAL PURPOSES ONLY, NOT FOR LEASE OR SALE PURPOSES. 3) HEIGHT ANO DIMENSIONS OF ONEANEAD ELECTRIC LINES ESTA13LISHED BY TRIANC-TION METHODS USING ELECTRONIC SVRVEYiNG EOUIPUENI. ALL HEIGHTS AND DIMENSIONS SHOJLD BE A1-ED BY CDNTRACTO4 OR LOCAL ELECTRIC COMPANY BEFORE CONS7`NUCPCN BEGINS 4( ALL DISTANCES ARE HORIZONTAL ORGUND DISTANCES 7.0TETIE 5772 PLAty AS 940NM ON TLIS D2AV,TR;, 5 F`QS_IMfNIARY tNO MAY CWaNGE BE?02E TIE COMMENCEMENT CF CONSTa)C7K7N ACTMTES NONF_VER, TIE VIETLAND OISTL729A7EE V+LL FE LPh'TE.D TO 7IE 0.49 ACRES SWOWN POSSIBLE ENCROACHMENTS: ONED: R-20 205 6173 S 0159'21' E \l,\\\\\\ ?\,\\? C1UIP Tu2OA `1 oo??s \ -.271 SO YT. L86 45.93' N 5973'53" E \\?`"TA1LC S` ' 2V8 A 9' `r/ 0? OA 8 ACRES L87 27.01' N 07'40'52" E LAND AREA: AFFOR LN. / ace.w - EBB 10.60' S 77'29'22* E IFAN' A;RNL7 caul r.3 / off. ,P Le9 2104' S 07.5553' w SEE INDIVIDUAL -- - - P14"SeCC N' 85°j 77" 6, \ L97 77036' S 72.1105' E (, m. r uuNln sN?ES o'/9 L cST \ L91 2229 s 2a'w'cs E PARCELS BEASLEr 2 ? q / N" 03027-0717 \ L92 32.00' S 49'18'53' E PIN m10658963232 ?P 1.93 49.72' S 0875'+3" W BASIS OF BEARINGS IIY 7oN coMMMNnr f ?\ fi r€ ...ACR°5 a 7172 ' 7 9 ; b; T. 91 5.39' s 29'15'07" E AND BENCHMARK L95 35 80' N 45'25'32* E _ HORIZONTAL DATA BASED ON -COS 0MV L96 22.07' S 31*15'30' m P' USING G'S 98 125 AS' S 8970]'30' E R MEMOOS (D e3) ItLSrIANC' DY uSENf OP(N 10P IL7=A,CE11.0 / JJ 0? 2 RE_ P1 d' 9 yh \\ \\ \ L VERTICAL DATUM BASED DN NCCS -UMENT'HDLLY 1• :1.JJ ??•? E 409LA / .,a ai T, s e5 \ SPRINCG• (NAw Bal tY.i,t1.L:.' I - - ?° ?? Us, 9My 4ryN \ \ L99 31.67' N 27'58'18' W ...... \ LIDO 3LE5' N 5913'40' W- 'l'.'t,;1'.'kBiAII I III I /a e 2 \ L101 42.07' N 300'58' W \ L102 32 .57' NA6'4J44'W }•f••)••}; ,:: '?I I I I I I / acn.A ' w t: {•:1tY. I / Ea 5/8• A um 59.78' N 05-1'31 "'•Y• "1°,I I 2[819 \\ u01 35.01 N 38'5600' E 5.1Bis[-mewuc-DMCnLOCO D-P ROOD WFORMAT ON: 3:3 WEST s^.NF A•S • CRLN'_E SC •° :: 0? \ THIS PROPERTY IS LOCATED IN --L ,p4I ,.I ,'L921 ;Ay (?64) 202 :315 ZONE "A" (AREAS OF 1.2 Mr/ \ MINIMAL FLOODING) PER WAKE pree:•<3.nl:?e 1 \ COUNTY FIRM COMMUNITY ' I F,. / \ DRnwN: .1 PARTY CIn[q ,P nT[cI¢p RD. PANEL NO. 11183CO660 E - / 6 \\ EFFECT'— DALE: : uARCH 3, 1992 REF. PLAT DDae /O? w ?M A T FEE. BOOK SL' I'D. Y0Uq cAPC]S h /DAM \\ cCE IID'YDU.l- f•SCSS .1i, r / 2 \ DATE OF SURVEY: ;-,4-2,25 al / N/F \\ CRAWNG N? 5':'O ttII A,U STAFFORD LAND \ DATE OF LAST REVISION: (gin CCM PANT \ r°"-s• B6 nAC 0.0.09088-2176 \3 O' 1M' Zap' 3r' PIN A 06:8054729 3. IoD'._.- fe\ L 9 nG ZONED: COMMUNITY BUSINCSS CONC. / MONUMENT L94 // PepR I [. 1. / AIz (\\ WLLIAAMS OIL COUPaAIr 1.n I?? A D.B. 566-229 RLS: JAMES R. FREEIA4D O - \ - NO. 17816 4 P047 STATE OF NORTH CAROLINA WAKE COUNTY - - WETLAND SURVEY i?j FOR I 7_7 --- GRAVEL HOLLY SPRINGS RALPH STEPHENS ROAD (SR 1114) (601 R/W) RETAIL INVESTMENTS, L.L.C. ASPHALT IN GOOD CONDITION SITE ADDRESS ( ) NOT FOR RECORDATION RALPH STEPHENS ROAD HOLLY Sr'RINGS, NC S`IE?10F I THIS CERTIFIES THAT THIS COPY OF THIS PLAT IDENTIFIES AS NSTLANDS ALL AREAS OF WETLANDS REGULATED PURUANT TO SECBON 404 OF THE CLEAN WATER ACT AS DETERMNED BY THE UNDERSIGNED GN MIS DATE UNLESS THERE IS A CHANCE IN THE LAW OR OUR PURISHEO REGULATORS, MIS DETERMINATION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FILL WARS FROM THIS CATS MS DETERMINATION WAS MME UTIUZING ME 1987 CORPS OF ENGINEERS YEiLANO DELINEATION MANUAL (NAME OF CORPS REPfESENTAIIYE) (TIRE) (DATE) LEGEND, 1 -T ?4 " Yxlq 2'µW g YM 4? r,u 0 9u1 S1VM aM, YNHdr ? n q eA[N 0 LLM ? TAxr geLR YAUtlf DQ n [ vuK i. f] n w.,Pw Am[s,w ' • v I EaRNG 0 . ? rtM oo ru ?pAr lewA7 0 r4I _a_ eew nc<m[uaa - . - s AVn?. srxe [.c M - _ K - c - av LN[ - _ RMMw1n["a[us -ur- u?a?axo rtuArx u< • T • WIq IA9,n0,wW uL.Am¢.q 0 wN TM?R n Irol,.a-. 7© uAln A9av I n 0 D a 1?7 a ?I L 7' / ',. y; eta ?qa e? PROPOSED RETAIL 1203,619 S.F. I 1? OU PATCEL#1 A ?\ t .39 ICRES \ \ \ 1 / 1 1 1 1 \\ \ I WETLAND IMPACT #3 \ \\ \ ?I 1.715 0.04 ACRES \\\ \ • 1 rx Ar rLJ 1 -- MO 3 . 'E-4' •-? r? { 1 / 0 I v-r OPENIVATER r INIPACT #1 o-3 r (5.40 acres) / I MO I r 'F-2r • e r: 7r ? I MC MC • ? •F-25• Y-,' i II r -Ar I'L / 4 . '. MC / rr r / .. .. .. .. r 'F-,7 / PO r ':.': 2 1 STORM WATER • • • • • / / MANAGEMENT yy... qNp: 5 0 AVTS - r FACILITY IGATIONAR A; L SE OPEN WATER MC AC. C, IMPACT #2 v-s .............. ' :::.. .. .. .. .. .. .. .. ' ' . (0.04 acre) ..:.:......' :'.' :'.':.' :...:....:..::::::: '. „„?? I I I I I I I / f:.11E1 N P Ii F.I 1 1 1 1 1 1 -__ .4..I..F. {.. I..F.{..1..F.{..1..F.{••I'.I I I I I I I I I I I I / ? _ _ ': 1: ; I'.'.L'.'f: ,'I': ,Y': f.:'I':.l :'f:.l'.'.l': f:: I • I I III I I I I I I I I ?-_?__ .....1..1..1..1..1..{..1..1..1..1..1..{..I..1:I I I I I FlA III I - - - - J -?_ ..... ........ I'LAG MO ?rAO Mo "r-UNDISTPRBED WETLAND \ F " aw Mc (0.49 acre) / Mc , I SLOPE CONSTRUCPION & REPAIR AREA Mc 0 RAC \ _ c-u .. M 0 c-fir . .... I Ex1ST)yC GRAPHIC SCALE RAC CONC. '0-11' MONLIM T FLA 150 75 0 150 .. '.'. 1 SCALE: 1' = 150' / / MC MC A-r nAC? c` / MC 'A-4 F A.G WETLAND IMPACT #2 1,903 SD.FT. 0.05 ACRES \\ W'E1LAN0IMPACT #1 MO \ 9,104 SO.FT. G 0.22 ACRES / A \ \ 0 \ / \ \ Reference : Base map provided by Freeland & Kauffman, Inc. AMMERF? ENGINEERING' TESTING ENVIRONMENTAL SERVICES PROPOSED OPEN WATER & WETLANDS IMPACTS AIAP HOLLY SPRINGS DEVELOPMENT HOLLY SPRINGS, NORTH CAROLINA SCALE: DRAWN BY: CHECKED BY: AS SHOWN RDM MLM TE: 1. P. I; Inflow ----- ------- 77 --- - - - - - - - - - - - - - - - - ---- 1 Y'YKrrM.. - N < Y N Y r; --- -= -- -- --= --= --- - - - --= --- --- =--_ =---_ - AJYvNY" ---=----------------- _---- Y_x 1 Y Y`M _ _ _ _ ___ _ _ •M YY Y «Y _ _ ?. 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'N «r r r « 101-1eM1' a1?101ee j°' ??1v 1 016. ¦ Y Y r rr 061??1310111004s 14 N1O44 1 N.'A Y Y'«' ?O0N/1 ?04111110r 1111111 ,NrYrY 0041101 o?01 e01?110 '?111001 ? YY. rYr 444?11??oe41?/101e?4a P/11?4 1. YY. 400?14010P1100141111? +04414?" -i9:Pf•P??0?00?01001 /1 ?P60 Outlet: To have twelve incf rise to extend hydroperiod and retain water. % `. Fourfoot wide berm, 1.5 feet tall, to be planted with Cephalanthus occidentalis Viburnum nudum, and Clethra alnifolia. Depressional area, thirty inches deep, to provide longer duration ponded water. SCALE: Not to Scale MITIGATION DRAINING FIGURE NO SOURCE: Freeland and Kauffman, Inc fiAP4 NC liwy DRAWN BY DY: WGN 55 By-Pass & Ralph Stevens Conceptual DGN z, Ifolly Springs, North Carolina DRAW - DATE: December 2005 EtJV1RONMENIAL SERVICES • ENGINEERING • TESTING JOB NO. 1588-05-014 !J E 1.1 UJI Photographs of Existing Site Conditions 0 Ci d-7, {6MdS?}r ?,v„ ?,?r,th -"? a .dam; it ?( a P i40 Ir,1 ! k> 2. View of agricultural field adjacent to southeastern property boundary: Photo taken by Melanie McKinney on September 20, 2005, facing Sout{iwest. 9 3. View of agricultural field located south of onsite houses: Photo taken by Melanie McKinney on September 20, 2005, facing southwest. 4. Approximately 5.4 Acre man-made pond located in south central portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing southwest. c 6. Mowed corridor between man made pond and agricultural field: Photo taken by Melanie McKinney on September 20, 2005, facing northeast. ' ?Vy ti a ?; x x 6. Approximate 0.49 Acre pond to be undisturbed: Photo taken by Melanie McKinney on September 20, 2005, facing south. 5. Approximate 0.49 Acre pond to be undisturbed: Photo taken by Melanie McKinney on September 20, 2005, facing northwest. 6. Approximate 0.31 Acre wetland in eastern portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing southeast. 7. Approximate 0.31 Acre wetland in eastern portion of property: Photo taken by Melanie McKinney on September 20, 2005, facing northwest. 2 L-I NCDWQ Neuse River Buffer Rule Determination r'+1 I r.? E O?O? W AT ?qQG BMW 4 BASIN: Neuse River X Ms. Melanie McKinney S&A4E 3718 Old Battleground Road Greensboro, NC 27410 L s E. micnaei r. tasiey, uovernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ??-, .: 2005 ?p 9 Tar-Pamlico NBRRO 05-259 County: Wake (15A NCAC 2B.0233) (15A NCAC 2B .0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: S. Alain Street/NC 55 and Ralph Stevens Road - Holly Springs Location/Directions: Northwest comer of the intersection of South Main Street (NC Highway 55) and Ralph Stevens Road in Holly Springs. Subject Stream: UT to Basal Creek Alan W. Klimek, P.E. Director Colleen H. Sullins, Deputy Director Division of Water Quality September 26, 2005 Date of Determination: 9/20/05 Feature Start Buffer GPS Points (if provided) End Buffer Stream Form Appeal Call Located on Soil Survey Located on USGS Topographic A Not Subject (incl. pond) X X B Not Subject X This on-site determination shall expire five (S) years frorn the date of this letter. Landowners or affected parties that dispute a determination made by the DlVQ or Delegated Local Authority that a surface ivater 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% Cyndi Karoly, DIVQ lVetlands1401 Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DlVQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statrllory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DJVQ recommends that the applicant conduct this notification in order to be certain that third *?r/'A Raleigh Regional Office 1628 Mail Service Center ,1CbE lit phone (919) 791-4200 Customer Service Water Quality Section Raleigh, NC 27699-1628 facsimile (919) 571-4718 1-877-623-6748 L 9/26/2005 Page 2 of 2 party appeals are made in a titnely manner. To ask fora hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of ArIndnistrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final acid bindiuug unless you ask fora hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the VSArnty Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. CC: File Copy Central Files DWQ Wetlands and Stormwater Branch Heather Keefer - Town of Holly Springs ?II 'l Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 a?iruEr;: phone (919) 791-4200 Customer Service facsimile (919)571-4718 1-877-623-6748 i FN1 t.../?/\( \ • .»?I y ~ `qty/ 40 _ ..",?:. axe ^/ ;? ? ? '!t "( ?•\ i. ? .,??'• 74, ?? o f SITE •s ?'? I ?"- ?`''??-?, 160 446 r _? --Y / p ` `? ? • :. ` it ? ? -„? 1...?..'?" '-•. f? "TI b • 1 t• *77 Source: DeLor me 3D TopoQuads • '?"` '; Scale: I inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn b : JBP USGS Topography Map 1iLM y. _ _ Wake County, NC Z Reviewed b . Date: August, 2005 ENMRCNMENTAL SERVICES • ENGINEERING TESTING S&ME Project #1588-05-014 WAKE COUNTY, NOF \NY Ila C-j A C2, COD CeB2 APC' 1 C `t F' ApC2 .. L F a r Y \ ti` Ap? B .,. _ C2 AgB' N o B 1 P1 U OrD2 Ag02 OrB2 off , ApB2 AgG2 A?,@ti l NoB2 'Or ? - ApB2 I •`'? U (?? c?..-_.`-gas __J ?? / ??i VoB 6rB2 yoA f C : r OrB2 N102 -: Wo 00 • O r 3 ,10 t °,s C'OQ' I??oa U, =_ m U, r? EEP Letter of Acceptance 0 Ea 11-23-'05 23;15 FEW-DENII-EEP 9197152219 T-646 P02 U-424 Y y t? mystem a CIE I ^' PROGRAM November 23, 2005 Melanie McKinney S&ME, Inc. 3718 Old Battleground Avenue Greensboro, NC 27410 Project: Holly Springs Retail Site County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced projeet_ 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If 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/CAIvIA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Et.) (Sq. Ft.) Riparian] Non-Riparian Coastal Marsh Cold Cool Warm ® Neuse 0.50 0 0 0 0 0 0 0 03020201 Upon receipt of payment. EEP will take responsibility for providing the compensatory mitigation for the permitted impacts tip to a 2:1 ratio, (buffers, Zone 1 at a 3.1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at (919) 733-5205. S'tcEainD. ilmore, PE CC: Cyndi Karoly, Wetlands/401 Unit Director Monte Matthews, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh Pile Prot" ? ? 04'w Rate, RC-6 NR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Csntor, Raleigh, NC 27690-1652 / 91 9-71 5-0476 / www.ncospmet F7 H-1, Preliminary Stormwater Quality Basin Drawing C ' ) '' ' 1 I 'i? \ 1 , i i ?# f fb 1BY 1 , rat / / '' r \? ------------ - - -11-A V v 2209"9 SP 'Y ti ??\ ??a°• ?A 1 Ic, '+rF ?, I I i? ?0 ? '•------1? 6 ? A, A ? ? w ' yr - •• ? = , ) ? ?. A?•. p r=A.\ - A i? 1 \ ?'r ?M , ? _-> ?I ?l " " 1111 ;; ?_--' +.---\? `?• `? `\ ?? \ 1 ? - ? :```.??.?\ `? `? "' ?1?` - ,• ??`?\ X? MV ;ltn f Ili' 11\ ?. \.??,? `\?? -` V/?? r K ,`\ ^(? ,\ \ •?;`: % f S?? / 1{ ! ?nl ?` ?w ) ! 11r §,TaMavAh92vM&X4GM3dF ?? ?? \ ,X ? i 1. I ?'l A h "^1"r FdFUiI' VVEIIIA?v T! -- -?- n\r i'i ? -?_ -_? - _ •'`, it `' I'd„I I li4 _I krt 1 ?•,1{%/, GRADING / STORMWATER 1 _ MANAGEMENT PLAN ..,.I R -. y,._ _„ i / / I .r `1'154• 1 1, 1. ( I \? Rc OIS BY LEA DO N7f USE 192 WGTHC CN (Y W z rj UZ J_ U) UZ QO Q Z WCCQ() (Y LL w ZZWN uD,) Y U) ?04 OQ 0.. _ ol 0- acorn w DA 7 F4 l< i 1.67 S X OP 9?T5 F g-' N 'J J 11 Threatened and Endangered Species Report s Pli J n n CI THREATENED AND ENDANGERED SPECIES REPORT APPROXIMATELY 49-ACRE TRACT HOLLY SPRINGS, NORTH CAROLINA S&IVIE PROJECT NO. 1538-05-014 Prepared For: WRS, Inc. 2361 South Centennial Avenue Aiken, South Carolina 29803 Prepared By: S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 2005 D b ecem er e g9 : ? ?I December 20, 2005 U.S. Fish and Wildlife Service Raleigh Field Office 551 F Pylon Drive Raleigh, NC 27606 Attention: Mr. David Rabon Reference: Threatened and Endangered Species Technical Report Approximately 49-Acre Tract NC Highway 55 By-Pass & Ralph Stevens Road Holly Springs, NC S&ME Project No. 1588-05-014 Dear Mr. Rabon: S&ME, Inc. (S&ME) is pleased to submit this report on behalf of WRS, Inc., detailing our threatened and endangered species survey for the approximately 49-acre tract located in holly Springs, Wake County, North Carolina. This report and the field survey have been conducted pursuant to the proposed development of the site and is included in a U.S. Army Corps of Engineers Individual Permit application for proposed impacts to wetlands. The field survey did not reveal the presence of federally or state listed threatened or endangered species on this site. It is our opinion that the proposed development of the site will not impact the listed species for Wake County. No further study of the site is recommended at this time. Thank you in advance for your assistance with the project. If you have questions or comments in regards to this report, we may be reached at (800) 849-2985. Sincerely, S&1111E, Inc. Ad Xz (ij Melanie McKinney 14b Willcox, L.S.S. ? Ilrl? Natural Resources Professional Natural Resources Department Manager SWSEI-I SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, Norlh Carolina 27410 (800) 849-2985 Table of Contents Page 1.0 Introduction ........................................................................................................................... 1 1.1 Purpose ................................................................................................................................1 1.2 Data Review ........................................................................................................................ 1 1.3 Field Survey ........................................................................................................................ 2 2.0 Protected Species ................................................................................................................... 4 2.1 Federal and State Listed Threatened and Endangered Species .......................................... 4 3.0 Survey Results and Conclusions ......................................................................................... 10 3.1 Threatened and Endangered Species Survey Results ....................................................... 10 4.0 References ............................................................................................................................15 List of Tables Table 1 Table 2 Appendices 1. 11. U.S. Fish and Wildlife Service Listings of Federal Protected Species in Wale County North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Wake County Figures Photographs Species Report S&ME Project No. 1588-05-014 Threatened and Endangered S1 ? Approximately 49 Acre Tract -Holly Springs neccmher 20, 2005 1.0 Introduction S&ME. Inc. (S&ME) has been contracted by WRS, Inc. to perform a thrcatened and endangered species survey on a proposed development site located in Wake County, North Carolina. The site evaluated is approximately 49 acres in size and located southwest of the intersection of Main Street (NC Highway 55 By-Pass) and Ralph Stevens Road in Holly Springs, North Carolina (Figure 1). 1.1 Purpose The purpose of this study was to identify federal and state listed species in the proximity of the above referenced site, conduct a field survey for the presence or absence of suitable habitat for the identified species, and to form a professional opinion of the biological effects development of the site may have on listed species. 1.2 Data Review Information conccrnirng the occurrence of federal and state protected species in the study area was gatliered from the following sources: • U.S. Fish and Wildlife Services, list of species with federal designations of Endangered, Threatened, and Species of Concern website: (http://ivivw.rlc- es f vs.govIes/es. html) • US Fish and Wildlife Service (USFWS) species information website: (http://cnclnn?crcrl.fi?.ti.?rol/?rrl?lli?c.ltt?ul) North Carolina Natural Heritage Program, database of rare plant and animal species, natural communities and special animal habitats known to North Carolina (http://ils.unc.edit/l)cu•kproject/nlrp/i»fo.hhfi) ?I J J l - U 4 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - 1-Iolly Springs NC December 20, 2005 According; to the U.S. Fish and Wildlife Service, the Red cockaded woodpecker (Picoi(les borealis), Dwarf wedge mussel (Alasnti(Ionta heteroclon), and Michaux's sumac (Rhus tuichauxii) are listed as federal endangered species in Wake County, North Carolina. The Bald Eagle (Haliaeetus leucocephalus) is listed as a federal threatened species. Fourteen species have a federal species of concern status according; to the U.S. Fish and Wildlife Service. The North Carolina Natural Heritage Program lists the Red cockaded woodpecker, the Dwarf wedge mussel, and Michaux's sumac as both federal and state endangered species. The Bald Eagle (Ilaliaeetus leucocephalus) is listed as both a state and federal threatened species. The Yellow Lance (Elliptio lanceolata), Atlantic Pigtoe (Fusconaia ntasoni), Green Floater (Lasrnigona subviridis) are listed as state endangered with a federal species of concern status. The Littleleaf Sneezeweed (Heleniunt brevifolitnu) and Carolina Least Trillium (THIlitnn pusilltan var pusillitin) are listed as state endangered, with the Carolina Least Trillium having a federal species of concern status. The Eastern Tiger Salamander (Antbystoma tigrinum), Least Brook Lamprey (Lantpetra aep)?ptera), Triangle Floater (Alasmidonta undulate), Roanoke Slabsliell (Elliptio roanol,ensis), Eastern Lampshell (Lampsilis radiate radiate), Creeper (Strophitus undulates), Bog; spicebush (Lindera subcoriacea), Piedmont Quillwort (Isoetes pie(buontana), Small's Portulaca (Porttdaca smallii), Low Wild-petunia (Ruellia huntilis), and Grassleaf Arrowhead (Sagittaria graminea var iveatherbiana) have a state listing as threatened according to the North Carolina Natural Heritage Program and with the Bog Spicebush having a federal species of concern status. 1.3 Field Survey a 0 I On September 20, 2005, S&ME staff conducted a field survey to evaluate the property for the presence of suitable habitat for Wake County's federal and state listed threatened and endangered species. Photographs from this field survey are contained in Appendix II. The approximately 49 acre site is currently developed with five single-family homes and a mobile home located on the northeastern portion of the site. The majority of the property consists of fallow agricultural fields, with several wooded areas along old fencelines. Vegetation 2 , IL Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - I-lolly Springs NC December 20, 2005 within the fallow fields included tall fescue (Festuca artutdinacea), dog fennel (Eupatouium capillifollu n), and ragweed (Ambrosia artetuisiifolia). The agricultural fields were not considered suitable habitat for protected species. An approximately 5.4 acre pond is located near the south cenUal portion of the site. A mowed corridor of tall fescue (Festuca ar-urtdirtace(l) separates the pond from the adjacent agricultural fields. Based on the feature's shape and location within upland soils (Norfolk and Orangeburg Series), it is our opinion that the pond was man-made and constructed within a natural drainage area. This feature was verified as jurisdictional on August 25, 2005 by the U.S. Army Corps of Engineers during an onsite meeting. Approximately 0.49 acre of a pond is located just south of the 5.4 acre man-made pond and the two features are divided by a man-made dam. Wetlands adjacent to the open-water pond consisted of red maple (Ater rttbrum), sweet gum (Liguidanibai- styracifhta), willow (Salix, spp.), bullrush (Juucus effitsus), and multiflora rose (Rosa mull flora). A corridor between the wetland and adjacent agricultural field included turkey oak (Quercus laevis), sweet gum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera) and honeysuckle (Lonicera japonica). Approximately 0.31 acres of jurisdictional wetlands were present within a low-lying area southeast of the onsite houses, and west of NC Hwy 55 By-Pass as verified by the U.S. Army Corps of Engineers on September 27, 2005. The vegetation within the wetland was dominated by shrub/scrub and herbaceous species including red maple (Aces rubrum), willow (Salix, sPh•) bullrush (Jtmcits effitsus), multiflora rose (Rosa multiflora), knotweed (Polygouuni, spp.) n i Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 2.0 Protected Species Species with the federal status of Endangered (E), Threatened (T), arc protected under provisions of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543). This act requires that any action likely to affect a species classified as federally protected, be subject to review by the U.S. Fish and Wildlife Service (USFWS). Species with state designations Endangered (E) or Threatened (T) are granted protection by the North Carolina General Statute 113-331 et seq. 106-202.12. Legal protection under North Carolina law regulates the possession, propagation, or sale of any federal or state listed Threatened or Endangered fish or wildlife species. 2.1 Federal and State Listed Threatened and Endangered Species As shown in Table 1 for Wake County, North Carolina there are three species listed with a federal status of endangered, one listed as threatened, and fourteen species listed as federal species of concern according to the U.S. Fish and Wildlife Service website (11111)://rnc- esfivs.gov/es/es.html), accessed September 20, 2005. The North Carolina Natural Heritage Program website was accessed to search for North Carolina's rare plant and animal species, natural communities, and special animal habitats. Results of this search for Wake County, North Carolina are listed in Table 2. Light species arc listed with a state status of endangered, and twelve species are listed as state threatened according to the North Carolina Natural Heritage website database (htt13:11ils.unc.cclrl/pn1°kproject/n11p/i1 fo.htm). 4 Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Table 1 k .z n US Fish and Wildlife Service Listinbs of Federal Protected Species in Wake County Common Name Scientific Name Federal Status Re(I-cockaded woodpecker Picoides borealis E Dwarf wedge mussel Alasmidont(l hetcrondon E MlChauX's sumac Rhus michauxii E Bald Eagle Haliaeetus leucoce phalus T Bachman's sparrow Aimo phila aestivalis FSC Carolina darter Ethcosloma collis le pidinion FSC "NCUSe" madtom Notarus uriosns )o )elation I FSC Pinewoods shiner Lylhrurus matutinus hSC Southeastern myotis Rlpotis austroriparius FSC Southern liognose snake Heterrodon sinus FSC Atlantic pigtoc Fusconaia masoni FSC Diana fritillary butterfly Speyeria liana FSC Green floater Lasniigona subviridus FSC Yellow lance Elliptio lanceolata FSC Bog spicebusli Lindera subcoriacea FSC Carolina least trillium Trillium pusillunt var. pusillunt FSC Flatrock panic grass Panicunt lithophilunt FSC Sweet pinesap Afonotropsis odorata FSC Protection Status E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: S iecies cif Concern - A taxon that may or may not be listed in the future Source: U.S. Fish and Wildlife Information Service irebsite. Accessed September 20, 2005. hup://nc- es. iis.?,,ov1cs/es.html. 1 I Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 t Table 2 North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Wake County Common Name Scientific Name Federal Status State Status Red-cockaded woodpecker Picoides borealis E E Nlichaux's sumac Rhus michauxii E E Dwarf wedgenritsscl Alasmidonta helerodon E E Bald Eagle Haliaeetus leucoce phalus T T Yellow Lance Elli ptio lanceolala FSC E Atlantic Pietoc Fuscouaia mason: FSC E Grcen Floater Lasmi Bona subviridis FSC E Littleleaf Sneezeweed Helenium brevi olium --- E Carolina Least Trillium Trillium pusillum var usillum FSC E Eastern Tiger Salamander Ambvstoma ti rinum --- T Least Brook Lamprey Lam Petra ae ?p ptera --- T Triangle Floater 111asmidonta undulate --- T Roanoke Slabsliell Elli ptio roanokensis --- T Eastern Lam :shell Lcmt psilis radiate radiate --- T Creeper Stro phitus undulatus --- T Bog S ticebush Lindera subcoriacea FSC T Piedmont Qnillwort Isocies piedmartana --- T Small's Port« lacy Portulaca smallii --- T Low Wild- ictunia Rcrellia hundlis --- T Grasslcaf Arrowhead S(r,,ittaria >ranrinca var iveatherbiana --- T Protection Status F: Listed Fndongcrcd -A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable !Inure FSC: S iecies of Concern - A taxon that may or may not be listed in the future (not a legal status) Source: Natural heritage Program website. Accessed 3cptember %U, sUU-). nttpaiits.unc.euuipcrrrpro?ecrinnpiuilo.nun. ® Red-cockaded woodpecker (Alasmidonta heterodon) - Endangered The red-cockaded woodpecker relics upon stands of large, live pine trees, typically 60 years of age or older. Southern pines such as the Longleaf pine (Pintts palnstris) and Loblolly pine (Pines laeda) are used by the species to develop nesting and roosting cavities. Foraging habitats include stands of pines and pine/hardwood mixes that are 30 years or more in age and the birds prefer trees that are 10 inches in diameter or larger. An adequate foraging habitat may be provided by 80 to 125 acres. 6 Threa tencd and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Freshwater Mussels Over sixty freshwater mussel species are known to inhabit North Carolina with the majority of these species being listed as either state endangered, state threatened, or state species of concern. The Yellow Lance (Elliptio lanceolata), Atlantic Pigtoe (Fuscorraia masoni), Green Floatcr (Lasmioona srtbviridis) are listed as state threatened for Wake County, according to the North Carolina Natural Heritage Program. The Triangle Floater (Alasmidonta undulate), Roanoke Slabsliell (Elliptio roanokensis), Eastern Lampshell (Lampsilis radiate radiate), and Creeper (Strophitus un(lulates) are listed as state threatened for Wake County. Freshwater mussels live in hinged calcium based shells, burrowing in stream substrates. Water is drawn into their shells and filtered for food and oxygen. The majority of North Carolina's freshwater mussel species require flowing streams with fair to excellent water quality. At the same time however, the above mentioned species differ in their preference of stream substrates (sandy, clayey, gravel, or boulders) and stream velocity (slow flowing pools verses more rapid riffles). Michaux's Sumac - (Rhos michauxii) -Endangered Michaux's sumac is a hairy, rhizomatous shrub with stems reaching 1 to 3 feet in height. The shrub produces greenish yellow to white flowers between June and July and fruit between August and October. The plant species grows in areas of sandy or rocky, basic soils near open woods that have been periodically disturbed from roadsides, prescribed fires, highway rights-of way, or on the edges of maintained clearings. Bald Eagle - (Haliaectus leucoccPhahts) - Threatened The Bald Eagle is an endangered raptor known to inhabit shorelines of large bodies of water. The species feeds on primarily fish, however sometimes preying on birds, small mammals, and turtles. Nests are constructed of large sticks, pine needles, and grasses on pine or cypress trees in North Carolina and can measure up to six feet across. ? ?;c 1 u Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 Littleleaf Sneezeweed - (Ileleniunt bl•evifoliuni)- State Endangered The Littleleaf Sneezeweed is a perennial herb with several stems that protrude from a crown. Basal leaves are present at the time yellow or reddish flowers are produced. The plant species has been known to inhabit pond and wetland habitats. Carolina Least Trlllillnl - (TH11han pussdlum vai• pusilhun) - State Endangered, FSC The Carolina Least Trillium is a small flowering plant that inhabits wetlands of bottonfland forests with small streams. The species prefers shade and produces a solitary white to pink flower between March and early May. Activities such as logging or creation of drainage ditches, may be detrimental to the species based on the drying affect it may have on the soils. Eastern Tiger Salamander - (Ambystonta ti?;riuum) - State Threatened The Eastern Tiger Salamander is an amphibian with a sturdy body, large head, and rounded snout. Its body is typically blue-black or brownish black in color with yellow spots on its back and sides. The species averages 7 to 8 inches in length and spends the majority of its life underground, except during times of heavy rain or for breeding. The salamander utilizes small ponds, marshes, or other permanent bodies of water for breeding and forages in adjacent sandy pine stands. Least Brook Lamprey - (Lampetra aepyptei•a) - State Threatened The Least Brook Lamprey is a long-bodied freshwater fish that feeds on microscopic organic material round in clear, creeks and small rivers. Larvae utilize quiet water along pools, back water, or spring fed wetlands of sandy or clayey bottomed streams. Spawning occurs in late winter or spring and eggs are deposited along gravelly riffle sections of streams. Bog Spicebush - (Lindei•a subca•iacea) - State Threatened, FSC The Bog spicebush is a multi-stenuucd deciduous shrub reaching 1 to 2 meters in height with bluish green upper leaves and hairy, pale green lower leaves. Small, yellow flowers in clusters of three or four appear in early spring. Habitat requirements include moist to wet, shrub dominated wetlands with mucky peat. The bog spicebush has been found in wetlands bordering I headwater streams. i I u Threatened and Endangered Species Report S&MC Project No. 1588-05-014 Approximately 49 Acre Tract - 1-Toll Springs, NC December 20, 2005 Piedmont Quillwort - (Isoetes piedmontana) - State Threatened The Piedmont Quillwort is a perennial fern with leaves 3 to 6 inches in length containing white megaspores. Habitat requirements include shaded areas along bottomland forested wetlands of creeks and rivers. Small's Portulaca - (Portulaca smallii) - State Threatened r. The Small's Portulaca is a flowering plant with paddle shaped leaves, known to survive in Piedmont regions. Its habitat includes open, unshaded areas with scattered trees on dry, sandy soils. Low Wild-Petunia - (Ruellia humilis) - State Threatened The Low Wild-Petunia is flowering plant with erect stems and funnel shaped blue to purple flowers. The species can tolerate full sunlight and can thrive in dry, rocky soils that are shallow to bedrock. Grassleaf Arrowhead (Sagittaria orammea var lveathei bia?ta)- State Threatened The Grassleaf Arrowhead is a perennial herb with long basal leaves and whorls of flowers with three white petals. The plant species utilizes ponds and wetlands with constant but moderate water flow. l 1 S&ME Project No. 1588-05-014 Threatened and 7c,u ed Species Report ? Endang Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 3.0 Survey Results and Conclusions The approximately 49 acre property was reviewed during a field survey to evaluate its habitat suitability for Wake County's federal and state endangered and threatened species. The conclusions of this survey are based solely on our data review and the findings from our field survey. 3.1 Threatened and Endangered Species Survey Results RED-COCKADED WOODPECKER (Picoides borealis) Biological Conclusions NO EFFECT The Red-cockaded woodpecker depends on large tracts of old, live pine stands for nesting, and foraging stands with tree diameters of 10 inches or larger. The proposed project is not expected to impact large tracts of old, live, pine stands in Wake County, and should not impact the Red- cockaded woodpecker or its habitat. YELLOW LANCE (Elliptio lauceolata), A'T'LANTIC PIGTOE (Fuscouaia nasoui), GREEN FLOATER (Lasnigoua subviridis), TRIANGLE FLOATER (Alasmidatta undulate), ROANOKE SLABSHELL (Elliptio roanokensis), EASTERN LAMPSHELL (Lampsilis radiate radiate), CREEPER (Strophitus uudulatus) Biological Conclusions NO EFFECT The freshwater mussel species listed as state threatened and endangered for Wake County, North Carolina prefer stream habitats with fair to excellent water quality. No onsite streams were identified during the field survey, and no streams were identified by the U.S. Army Corps of Engineers during their August 25, 2005 onsite meeting. The proposed project is not expected to impact streams within Wake County, and therefore, should not impact the above listed species of freshwater mussels. 10 Q Threatened and Endangered Species Report S&ME Project No. 1585-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20. 2005 1\/IICIIAUX,S SUMAC - (Rhus ntichcauxii) Biological Conclusions NO EFFECT The MichaUx'S sumac requires sandy or rocky, basic soils, near open woods that have been periodically disturbed from roadsides, prescribed fires, highway rights-of way, or on the edges of maintained clearings. During the field survey no periodically disturbed areas were observed and according to the Wake County soil survey, basic soils are not likely to be found within the property's boundaries. The proposed project is not expected to impact periodically disturbed areas with basic soils in Wake County and should not impact the Michaux's sumac or its habitat. BALD EAGLE - (Haliaeetus learcocephalus) Biological Conclusions NO EFFECT The Bald Eagle is known to inhabit near areas with large bodies of water, utilizing large pines or cypress trees for nests. During the field survey an approximately 5.4 acre pond with an adjacent 0.49 acre pond were observed within the property's boundaries. No significantly large pines or cypress trees were observed in the vicinity of the ponds. The proposed project is not expected to impact large bodies of water with nearby cypress or pines in Wake County and should not impact the Bald Eagle or its habitat. LITTLELEAF SNEEZEWEED - (Helenium brevifolium) Biological Conclusions NO EFFECT During the field survey pond and wetland habitats were observed. Additional database searches for the Littleleaf Sneezeweed resulted in no listing for the species within the USGS "Apex" Quad according to the North Carolina Natural Heritage Program. Although potentially suitable habitat for the species may be present within the property's boundaries, the species is not listed as threatened or endangered for the USGS Quad that includes the subject property. Therefore , the proposed project is not expected to impact the Littleleaf Sneezeweed or its current habitat. 11 n ?J U Threatened and Endangered Species Report S&.ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 CAROLINA LEAST TRILLIUM - (TI-illium pussillum var pusillum) Biological Conclusions NO EFFECT The Carolina Least Trillium is known to inhabit wetlands of shady bottomland forests along small streams. During the field survey no streams or bottomland forested wetlands were observed within the properties boundaries. The proposed project is not expected to impact bottomland forested wetlands in Wake County and therefore, the project should not impact the Carolina Least Trillium or its habitat. EASTERN TIGER SALAMANDER - (Anibystoma tigrinamt) Biological Conclusions NO EFFECT The Eastern Tiger Salamander utilizes small ponds, marshes, or other permanent bodies of water located near sandy pine stands that it uses for foraging. During the field survey two small ponds and a jurisdictional wetland were observed, however, adjacent stands of pines with sandy soils impact stands of pine trees and should not impact the Eastern Tiger Salamander or its habitat. were not observed within the property's boundaries. The proposed project is not expected to LEAST BROOK LAiVIPREY - (Lampetm acpyptem) Biological Conclusions NO EFFECT The Least Brook Lamprey requires clear creeks or small rivers with sandy or clayey substrates for its habitat. During the field survey no onsite streams were observed and no streams were identified by the U.S. Army Corps of Engineers during their August 25, 2005 onsite meeting. The proposed project is not expected to impact streams in Wake County and the project should not impact the Least Brook Lamprey or its habitat. 12 i_ W n Ir M Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Aiyroximately 49 Acre Tract - Holly Shrings NC: December 20, 2005 BOG SPICEBUSII - (Lindera subcoriacea) Biological Conclusions NO EFFECT The Bog spicebush is known to inhabit shrub dominated wetlands with mucky peat that border head water streams. During the field survey no wetlands that border headwater streams were observed. The proposed project is not expected to impact shrub dominated wetlands with mucky peat soils in Wake County and should not impact the Bog spicebush or its habitat. PIEDMONT QUILLWORT - (Isoetes piedntontana) Biological Conclusions NO EFFECT The Piedmont Quillwort requires shady bottomland forested wetlands of creeks and rivers. During the field survey no bottomland forested wetlands were observed within the property's boundaries. The project is not expected to impact bottomland forested wetlands in Wake County and therefore should not impact the Piedmont Quillwort or its habitat. SMALL'S PORTULACA - (Portulaca sniallii) Biological Conclusions NO EFFECT The Small's Portulaca requires open, unshaded areas with scattered trees on dry, sandy soils. Fallow agricultural fields provided open, unshaded areas observed during the field survey. Due to recent farming of the site, and competition from existing overgrown vegetation, it is unlikely that suitable habitat for the Small's Portulaca exists within the properties boundaries. Therefore, the project is not expected to impact the Small's Portulaca or its habitat. LOW WILD-PETUNIA - (Ruellia lunuilis) Biological Conclusions NO EFFECT The Low Wild-Pctunia can tolerate full sunlight and can thrive in dry, rocky soils that are shallow to bedrock. Tallow agricultural fields provided areas of frill sunlight observed during the field survey. Due to recent farming of the site, and competition from existing overgrown vegetation, it is unlikely that suitable habitat for the Low wild-petunia exists within the properties boundaries. The Wake County Soil Survey showed soil series within the properties 13 I A tJ 5 e e Threatened and Endangered Species Report S&ME Project No. 1588-05-014 Approximately 49 Acre Tract - Holly Springs NC December 20, 2005 boundaries were not mapped as shallow to bedrock. The project is not expected to impact the Low wild-petunia or its habitat in Wake County. GRASSLEA>! ARROWHEAD (Sagittai-hi graminea var weatherbiana) Biological Conclusion NO EFFECT During the field survey two ponds and a wetland were observed within the property's boundaries. Additional database searches for the Grassleaf Arrowhead resulted in no listing for the species within the USGS "Apex" Quad according to the North Carolina Natural Heritage Program. Although potentially suitable habitat for the species may be present within the property's boundaries, the species is not listed as threatened or endangered for the USGS Quad that includes the subject property. Therefore, the proposed project is not expected to impact the Grassleaf Arrowhead or its habitat. 14 4.0 REFERENCES North Carolina Natural Heritage Program Website. Accessed September 20, 2005. littp://ils.unc.edu/earl<proiect/rnhp/info.litm United States Fish and Wildlife Service, North Carolina Ecological Services Website. Accessed September 20, 2005. littp://nc-es.f?vs.!o\,/es/cs.litml United States Fish and Wildlife Service (USFWS) Website. Accessed September 20, 2005. htti)://endans,ered.fxvs.?,,ov/vvildlife.html B e 15 R.- Fd f] 0 n 0 fl r D'i Ll'? FIGURES L'i", a % S?cO` e lgit?Dr Irongatc Dr a paw ies tiro ? .,a? v W ?1 r 4 c??c ?N Tc zd C AyplX n z Ile! x S a JS.? 4 s ? y?a Q r G a. L cnc1 i? v Old Smithfield Rd O ploy o?O O Optimist Farm Rd ?a Ifoll Nct9IIi/I?? 3rd St Y Springs Ncty hill Rd E Earp St 4 a to o? 10 44 SITE N G.?y Grigsby Avc ?SRN5036 J? n n ,.. _ _ > `b?eny Rossmorc Dr Avcnt Ferry Rd . SRit1396 ?a Bass'Lake Rd Honeycutt Rd 5 Wadc Nash Rd O1 Dickens Rd a pally°trne pai Rex Rd a q ,ti, Old Powell Rd 'y ?o U z ?OUsO? o Spence Farm Rd d \n O ° ? v x G 3 d P .I° V) v? „ SR1t1431 ° °cWilbon Rd b V .0 7j St a py Broad St o Faso rn [)"Can C Col b Phelps IVcst/Zd 7rrlllid E Academy St a Sourcc: NCDOT Shapctilcs b Scale: I inch equals I miles / IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP , Q,U? 1-1 Vicinity Map r .? t MLM Wake County, NC Revicwcd bv: - , * ?) \1-1 Date: August, 2005 EtAIRONMEMAL SERVICES • E[X;tNEER1NC • TESTING S&,Ml: Project 81588-05-014 rh? 'r / ?^ / -- t?? • l Jan `4 IS, 40 ills SITE 460 14, 11-; 14 • `??..?.r U14 trr- j7, J! ' \ 1 Cem Source: Dc[ orme 3D TopoQuads J •!, / , {,-.? ?,,? ` \? S I f L-? ?? f I ? 1 Scale: 1 inch equals 1,000 feet IIWY 55 & Ralph Stevens Rd. FIGURE Drawn by: JBP USGS Topography Map +;. G Reviewed by : iV1LM - ` Wake County, NC Date: November, 2005 ENVIRONMENTAL SERVICES • ENGNURING • TESTI?JG S&1IG Project 81533-05-014 s I I I u PHOTOGRAPHS iJ D Ul V O in 00 00 O z V U O' C. Cif VJ U z Cq C C Q _T C Z C 0 U C C U N N .. LN N ? C W T C ? V C w C O O O a ? w Ll. C O G y d ? C O E ? o L ? U N 4'? O ? N ? N W .C O C? > U d 0. N O " N U U C O 8: . CVV G ti C - v U b w _ _ 0 0 N L V fil er" O o a V T C U 'L i O O L 0.. i. d a O ' L cc W V O •y a p O ? L C!J O •? U W e L ?^ .V+ O O :d N e o N C .D v Y cC ?- C O O T u O C rYi L V R. ? G ?f U G ? U C 0 Ri! " G V cd V If. ? W O ?v ?? p In O ,ctl o ° o G. N f? U U P", 11 1 Cultural Resources Report D hml' L U4 Customer-Focused Solutions October 27, 2005 Ms. Melanie McKinney S&ME Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 Subject: Phase IA Cultural Resources Reconnaissance Study for Proposed Shopping Center in Wake County, North Carolina Dear Ms. McKinney: On October 26, 2005, TRC Garrow Associates Inc. (TRC) conducted a limited surface inspection of an approximately 50 acre tract near Holly Springs, North Carolina for proposed retail development (Figure 1). The inspection focused on undisturbed areas and standing structures within the project area and architectural resources older than 50 years in age located within or immediately adjacent to the project area. The project area is bordered by NC 55 on the east and surrounded on the north, west, and south, by ® State Road 1114. Literature Review Prior to fieldwork, a background research was conducted at the North Carolina Office of State Archaeology (OSA), the North Carolina State Archives, and the North Carolina State Historic Preservation Office. This research included examination of archaeological sites, structures, and National Register of Historic Places (NRI-IP) files, cemetery survey records, and cultural resource reports. The background research gathered information concerning the presence of known archaeological sites, historic structures or cemeteries, or potential sites on or in close proximity to the project area. No archaeological sites or historic structures were previously documented on the project tract. Two archaeological sites are recorded within one mile of the project area, 31 WA1156 and 31 WA1256. Neither site was found to be eligible for preservation after evaluation. Three historic structures located within one mile of the project tract are eligible for the NRHP. The first historic structure, WA611, is located on the east side NC 55, 0.6 iniles southeast of the project area, and was reportedly destroyed. The second historic structure, WA612, or the Richard L. Adams Farm, lies on the west side of NC 55 less than a half mile southeast of the project area. The farm includes a Colonial Revival style foursquare house, several domestic and agricultural outbuildings, tenant houses, pastures, and cultivated fields. The third historic structure, WA613, is the Alsey J. "Jeff' Stephens Farm. Possibly due to the widening of NC 55, the main house, well house, and kitchen have now been moved to the west down an unnamed gravel road running u south from SR 1114. The house is foursquare with Victorian and Craftsmen details and originally included ten agricultural and domestic buildings, a tenant house, and cultivated fields. Standing at the original location are the frame and metal shed, farm equipment building, barn, garage, tobacco barn, and privy. 50101 Governors Drive, Suite 25,9 • Chapel Hill, North Carolina 27515 Telephone 919-530-8446 • Fax 919-530-8525 Z Archaeological Reconnaissance On October 26, 2005, a cultural resources reconnaissance survey was conducted on the proposed shopping center tract by Tracy Martin, TRC Archaeologist. The survey consisted of a limited surface inspection of those portions of the project area that were not disturbed. No subsurface investigation was conducted and no artifacts were collected. The goal of this investigation was to document and characterize the above-ground and obvious disturbances and to attempt to locate undisturbed areas within the project area if they existed. Notes were kept in a field journal said general views of the project area were taken with a digital camera. The survey area is approximately 50 acres. Several small drainages traverse the project tract, and have been somewhat altered by agricultural activities. The center of the project area consists of a man-made pond with a house and cinder block building on lightly to moderately disturbed terrain (Figure 2). South of the pond is a raised bank for vehicles with marsh to the south and southeast. The northern, northwestern, western, southwestern, and southern portions of the project area consist of moderately disturbed agricultural fields with 0% surface visibility (Figure 3). The southeastern area consists of the aforementioned marshy terrain and some lightly wooded areas (Figure 4). Moderately disturbed agricultural fields continue from the southeastern corner to the eastern side. The eastern point of the project area consists of undisturbed heavily vegetated areas. The northeastern corner consists of developed properties with little to no undisturbed ground due to construction (Figure 5). To the west of this heavily vegetated area and south of the developed area lies a smaller agricultural field with 10% to 15% surface visibility. Along the western edge of this field, three glass fragments and one piece of whiteware were found on the surface. SUMMARY AND ASSESSMENT OF EFFECTS No previously recorded archaeological sites or architectural resources are located within the project tract. The northeastern portion is highly disturbed from a recent housing development and construction of the pond has altered the landscape in this portion of the tract. Much of the area is lightly to moderately disturbed due to agricultural use of the land; however, the potential exists for intact prehistoric and historic archaeological deposits to be present in the undisturbed portions of the tract. The proposed project would be unlikely to have an adverse effect on the architectural resource WA612, but WA613 would likely be visually impacted by any development on the southern portion of this tract. Sincerely, N (V Tracy M?rtin Archaeologist He": U, Customer-Focused Solutions n I ?1 ?I I J [l]., U 7 H. n / 1 I« • s? 7 f?. ? T-k N) L ??; v'ii'. ¦' 1i'I '',, i ,.I . ±,1'I' i i _:? r • .; ?7 jf jam. r. ±,, ?`.,? ¦ `?,•.. ?r r .r ?-. Lr?' ." ?4 1 lI 17 NZ: 41, F-7- m ' Ili ? ?, .ti 1 ,. ..• kw I L Or contour interval = 10 feet 0 --mile 0.5 0 _ -feet 2000 North 0 kilometer 0.5 Map source: Apex, NC USGS Quadrangle, 7.5 minute Figure 1. Location of Study Area. 3 a I . cr.,. ?i? ' f, ? y t ? '?,. :'?%'P'^i3-.'a'? GN M` f??.,f,0: r ? N y .e ?f., ?y ?. ?r'? yw• 41? F_?1 i ? + } i ?i ? _ C Pq S AT. 9 y r f ' x f T ! .t {,1b {., N T 1 y { 1g? l i . +. Zf +yl Figure 3. View of Agricultural Field. 4 l-igure Z. View of Cinderblock Building Near Pond. _ _0_.__ .. __.. __ _ ____.. 5 O?O? W AT ?9P6G f7 'C May 11, 2006 Mr. Jim Price WRS, Inc. 2361 South Centennial Avenue Aiken, SC 29804 RE: Holly Springs Retail Site, Wake County DWQ 406002, USACE Action ID. No. 200620291 Dear Mr. Price: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Recent a-mails and phone conversations with Melanie McKinney of S&ME brought forth WRS, Inc's interest in removing the on-site wetland creation as part of the mitigation requirement, and solely accounting for the credits with payment to EEP. DWQ does not require mitigation for the 0.31 acres of wetland impact, so this mitigation allowance will apply only to the Army Corps of Engineers. However, DWQ's approval of the 401 Water Quality Certification was issued based on the on-site wetland creation being part of the storm water management plan. The created wetland must still be constructed as part of the stormwater management or an alternative design must be submitted. "A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification may occur." as stated in Condition 11 of the Approval letter dated March 13, 2006. This condition addresses what components must be included in the plan and it addresses special conditions required for Nutrient Sensitive Waters (NSW). This letter in no way responds to the current request for modification that our office has on file. The modification request will be processed once our office has received the complete package for that modification request. If we can be of further assistance, do not hesitate to contact us. If you have any questions concerning Stormwater Management plans you may contact Sam Aghimien at (919)733-3574. Yours, Cc: Melanie McKinney, S&ME, Inc. 3718 Old Monte Matthews, USACOE, Raleigh Regu USACOE- Wilmington District Eric Kulz, DWQ-RRO File Copy Central Files t WDmey :ground Rd, Gre sboro, NC 27410 Field Office N r Carolina ?tura!!if 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://NvwNv.ncwatcrquality.org An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper VIA J Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Colcen H. Sullins, Deputy Director Division of Water Quality April 19, 2006 DWQ # 06-0002 V2 Wake County CERTIFIED MAIL S&ME, Inc. Attn: Melanie McKinney 3718 Old Battleground Road Greensboro, North Carolina 27410 Subject: Holly Springs Retail Site Application Sets Ms. McKinney: On April 17, 2006 the Wetlands/401 Unit of the- Division of Water Quality received the project modification correspondence on behalf of WRS, Inc. for a retail center in Wake County, North Carolina. We acknowledge receipt of the applicable fee; however, the project has been placed on hold for the following reason: 1. DWQ requires five (5) complete permitting application sets, associated project maps and documents In order for DWQ to begin review and process your request, we ask that you meet the above criteria. This project remains on hold pending receipt of the application sets. Please reference DWQ # noted above on all future correspondence If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919) 733-1786. ncerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Unit CBK/!jd cc: WRS, Inc., Mr. Art Kepes, 2361 South Centennial Ave, Aiken, SC 29803 Eric Kulz, DWQ Raleigh Regional Office File copy Central File 060002V2 HollySpringsRetailSite (Wake)_Appl Sets N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27603-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://li2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 NCO N a a Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. a Attach this card to tho back of the mailpieco, or on the front if space permits. 1. Article Addressed to: A. Sig71' re ? Agent x l1I ?C.? ? Addressee B. Received by (Printed Name) C. Date of Delivery e? D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No S&ME Inc. Attn: Melanie McKinney 3718 Old Battleground Road Greensboro,NC 27410 3Acgistcred ice Type # 06-0002-Wake i Mail 11 Express Mail DWQ ?1Return Receipt for Merchandise ? Insured Mail Gu C.O.D. 4. Restricted Delivery? (Extra Fee) ?,_A'1]>7$ 1160 0000 9954 5385 ? Yes UNITED STATES POSO6 MAT) w rs t ge & USPS Pe 0 W0 4S EV, E, k! • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 C.0 O? It IIIIIIItIIIIIIIIfIIIIiIIIIIIF4iIIIIIIIIIIIIjIIIIIIIIIiIIIIII S&ME, Inc. 3718 Old Battleground Rd. Greensboro, North Carolina 27410 009560 PLEASE DETACH AND RETAIN FOR YOUR RECORDS ;. tIU1,71011 I"MI,UT 4-13-06 Holly Springs 1588-5040 $ 475.00 Retail Site Wake County DWQ#060002 (1588-05-014)