20070343 Ver 1_401 Application_20070207 (2)

~garl & Hickman
Hart & Hickman, PC
2923 S. Tryon Street
Suite 100
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax
20070 343
Pre-Construction Notification
Proposed Lowe's Store
Greenville, North Carolina
H&H Project No. LPA-015
February 23, 2007

Office Use Only: Form Version March OS
2 0 0 7 0 3 4 3
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "lvot t~ppucaoie~~ or ..NiA~ .)
P~,Y~v"ENT
I. Processing
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 2002 NWP 39. Site
' construction work will begin prior to March 18, 2007.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
' is not required, check here: ^
' 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
' S. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check hey, ,.~f ,~ ~ ,.
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II. Applicant Information
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1 ,,
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Owner/A
licant Information
. pp
Name: Lowe s Home Centers, Inc. (Attn: Mr. Nick~agoner) s~~~,,~.,~,~;~;.,~.. ~~,~rr~F ~~~ns,cn
' Mailing Address: P.O. Box 1111 N. Wilkesboro NC 28659-1111
Telephone Number: 336.658.4463 Fax Number: 336.658.3257
E-mail Address:
' 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
' Name: Matt Bramblett, PE (See Appendix A for Agent Authorization)
Company Affiliation: Hart & Hickman, PC
Mailing Address: 2923 S. Tryon Street, Suite 100, Charlotte, NC 28203
' Telephone Number: 704.586.0007 Fax Number: 704.586.0373
E-mail Address: mbramblett(a,harthickman.com
Updated 11/1/2005
' Page 1 of 8

' III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
' landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
' impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
' so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
' drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
' 1 Name of ro~ect: Pro osed Lowe's Home Irri rovement Warehouse of East Greenville
• r~ ~
' 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
' 3. Property Identification Number (Tax PIN): All or~ortions of 056908, 016894, and 071121
4. Location
' County: Pitt Nearest Town: Greenville
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take Highway East 10th Street (Highway 33) out of downtown Greenville. The site is on the
right just~ast the intersection of Port Terminal Road and East 10th Street.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 35' 19" N 77° 19' 6"W
6. Property size (acres): 22.58 Acres for Lowe's Devel~ment.
' 7. Name of nearest receiving body of water: Unnamed tributary to Hardee Creek (Class C)
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
' 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The current land use of the subject property is primarily
cleared grass-covered land A strip of wooded land borders the site to the west. The current
land uses on properties surrounding the subject property are undeveloped, residential and
commercial.

u
Updated 11/1/2005
Page 2 of 8

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

1

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wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The impacts~roposed for this proiect are limited to the filling of a short section of intermittent
stream situated lust southwest of the~roposed Lowe's store The filling is necessary for a road
that.provides access to the rear of the proposed store Because this is the origin of this stream
and there will be no connectivity to un¢radient waters or ditches the stream will be filled with
the exception of a French drain Therefore no provision for aquatic life passage is proposed.
Stream photos in this area are provided in Appendix D
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
ePnarately lief imparts clue to both structure and flooding.
Wetland Impact _
P
Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
None

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

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

i~

Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres
None

Total Open Water Impact (acres)
6. List t
he cumulative im act to all Waters of the U.S. resultin from the ro~ect
Stream Impact (acres): 0.0115
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 100
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
' If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Two stormwater wetlands with earthen
' dam embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: Wooded and cleared land
Size of watershed draining to pond: 17.68 acres to larger stormwater wetlands and 6.3 acres
to smaller stormwater wetlands
' Expected pond surface area: 0.44 acres for top of permanent pool in lamer stormwater
wetlands and 0.12 acres for top of permanent pool in smaller stormwater wetlands
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
' information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed dunng construction to reduce impacts.
' See Appendix E
Updated 11/1/2005
Page 5 of 8

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

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~~

1

USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
htt~//h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Based on the minor nature of the intermittent stream impact less than 150 ft), no miti ag tion
is proposed for the road crossing. Mitigation is proposed for the Zone 2 buffer impacts as
noted below.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Updated 11/1/2005
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): 3,345 sq. ft.
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Page 6 of 8

fl

Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Tar-Pamlico)? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 0 3 (2 for Catawba) 0
2 2,230 1.5 3,345
Total 2,230 1.5 3,345
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Updated 11/1/2005
Page 7 of 8

A Minor Variance application has been prepared The mitigation will be accomplished by
payment into the NC EEP Riparian Buffer Fund The NC EEP approval letter is provided in
Appendix F.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
' Based on AutoCad drawing calculations the proposed impervious area is approximately 66 5%
The ex><stm~ >mpervious area is close to 0%
' XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
' wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater will be piped to an off-site municipal wastewater treatment plant
' XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
' Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future im acts result in additional
p )
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This impact is very minor.
' XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
' Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~ - - Z 3 D7
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8

APPROXIMATE
N o 2000 aooo
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
GREENVILLE SE, NC 1982
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
7~ ;~ ~. 3
TITLE
SITE LOCATION MAP
PROJECT
PROPOSED LOWE'S SITE
GREENVILLE, NORTH CAROLINA
mart & gickmaIl 2923 South Tryon Street-Suite 100
Charlotte, North Carolina 28203
A aaoceseiow.~ CoapoanmoN 704586-0007 (p) 704-586-0373 (f)
DATE: 11-8-06 REVISION NO: 0
JOB NO: LPA-015 FIGURE NO: 1

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Figure: 2
Soil Survey Map
Scale 1" = 2000'
tiHart & giek~naIl 2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 GREENVILLE, NORTH CAROLINA
A PROFE8910NAL CORPORATION 704-586-0007 (p) 704-586-0373 (f)

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SCALE IN FEET
LEGEND
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~~ STORM SEWER
CATCH BASIN
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1
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PRFPMED BY
DATE: 2-20-D7
DESIGNED BY:
DRAWN BY: lU l ~ 1111~~W1 2923 Sauth Tryon Street-Swte 100
Chulotte, North Carolina 28203
CHECKED BY: " P"°FE9e1ONAL °°AP°R"T1ON 704586-0007(p) 704586-03730
JOB N0. LPA-015
PROPOSED LOWE'S STORE
GREENVILLE, NORTH CAROLINA
~~~
PROPOSED LOWE'S LAYOUT
REV FlGURE NO
2-19-07 0 3

APPROXIMATE
0 40 80
SCALE IN FEET
LEGEND
UG NATURAL GAS
~~°°°~ --- WATER LINE
~~+ STORM SEWER
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LOD LIMIT OF DISTURBANCE
NOTE: BASE MAP PROVIDED BY
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R~r DATE BY DESCRIPTION GATE: 2-2D-07 PAEPPRED BY PROJECT Trn.E
ROAD CROSSING AND BUFFER
DESIGNED e~: ' PROPOSED LOWE'S STORE IMPACT AREAS
2923 South Tryon Street-Suite 100
A
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,
North Carolina 28203
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RTH CAROLINA
,
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0373
6 GREENVILLE, NO ~,~ A~, P~~AE Na
CHECKED BY: 0
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AFaoressronnLCOeFOwnnoH 704-586-0007(p)704-58
JOB N0. LPA-015 2-19-07 ~ 4

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Appendix A
Agent Authorization
Hart c~ Hickman, PC

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A.CfEI'+(T ~:`ERTIrI:C:'~T.l'iUN C}~~ ,t4U"l'II.Oflifi.iL•A'I`XUI~t
~, ,~'G.~",~ ~~~ ,~, repr~;senting Lawe's l~iame Centers lnc, a~pliea~~t anti pote~~tial
developer oi' kli~ Project. site located ozt approximately 2~.5$ aGC:res located sautlrwest of
the interset:tian of East l0'~' Street {a.k.a, Highway 33) and Pant Tarznittai R~aad in
Greenvi.lie, :Pitt Coturty, North Carolina .ht;rc:~y csrti;fy that I have authorized Hart &
Hi.cktr~ar.~, PC to act an tl~e applicant's behalf and tape all actfons necessary to tl~.e
l.~rr~cwssing, issuance, a~~~l acceptance of the ~~retlands jurisdictional dete~~nxinationt and
l>errnits fc~r thES pra~ect.
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Al~plicac~t's sig~~ rL .Agent's si~,nature

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Appendix B
DWQ On-Site Buffer Rule Applicability Determination
Hart & Hickman, PC

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department ofEnvironment and Natural Resources
Alan W. Klimek, P.J/. Director
Division of Water Quality
November 29, 2006
DWQ Project # WaR0-06-1835
Pitt County
Mr. Matt Bramblett, P.E.
Hart & Hickman, PC
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
Subject Property: East 10th Street Greenville (off Hwy. 33)
UT's to Hardee Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. Bramblett:
On November 15, 2006, at your request I conducted an on-site determination to review drainage features
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The
property is located just off Highway 33 or East 10th Street in Greenville, NC. The features are labeled as
"WaR0-06-0155 and WaR0-06-0156" on the attached map initialed by me on November 20, 2006.
The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted
in blue and labeled as "WaR0-06-0155" on the attached map is Exemgt from the Tar-Pamlico Buffer
Rules. The feature highlighted in red and labeled as "WaR0-06-0156" is Subiect to the Tar-Pamlico
Buffer Rules. The stream origin is marked on the ground by a wooden stake labeled WaR0-06-0156 and
the stream continues across the back of the subject properties.
These features should be identified on any future plans for this property. The owner (or future owners) should
notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this
property. This determination pertains to the subject property only. This on-site determination shall expire five
(5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority
that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A
request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by
the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
' 943 Washington Square Mall Phone: 252-94G-6481
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirma0ve Actlon Employer-50°/. Recycled110% Post Consumer Paper

NorthCarolina
~atura!!~

' To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Maii Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
' .This letter only addresses the applicability to the buffer rules and does not a rove an activit within the
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buffers. Nor does this Letter approve any activity within Waters of the United States or Waters of the State. If
' you have any additional questions or require additional information please call me at [phone].
Sincerely,

' Roberto L. SchellerlEnvironmental Spec. III
DWQ/WaRO
Wetlands / 401 Unit

Enclosures: USGS Map, Greenville SE
~~„
ce: DWQ WaRO file
401 Central Off ce file

Filename: WaR0-06-1835

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Name: GREENVILLE SE Locatron: 035° 35' 27.38" N 077° 19' 13:24" W
Date: 11/16/2006 Caption: Proposed Lowe's Site
Scale: 1 inch equals 1000 feei Off Hwy 33
Greenuilie, NC
Copyright (C) 1906, Maptech, Inc
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Appendix C
Wetland and Stream Survey
Hart & Hickman, PC

Appendix D
' Stream Photographs

Hart & Hickman, PC

Photograph 1: Head Cut and origin of intermittent stream subject to Tar Buffer Rules (area to be filled).
Photograph 2: Close up of eroded area near head cut (area to be filled).
ti Hart & HickH~a.Il 2923 South Tryon Street-Suite 100 PROPOSED LOWE'S SITE
Charlotte, North Carolina 28203 GREENVILLE, NORTH CAROLINA
A PROFE3310NAL CORPORATION 704-586-0007 (ol 704-58G-0370 (fl

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Appendix E
Avoidance and Minimization
Hart & Hickman, PC

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Appendix E
Avoidance and Minimization
' Proposed Lowe's of Greenville
H&H Job No. LPA-015
' Avoidance
The proposed development is located in an expanding commercial area on the east side of
Greenville. The site is located on East 10th Street (Highway 33), a major highway. The property
covers 22.58 acres. Lowe's has considered and evaluated other potential properties in the area
' for development of a proposed Lowe's store. However, properties or property assemblages of
this size are difficult to find and purchase when they front major roads. The zoning must also
match the proposed retail land use. No alternative properties were identified that meet Lowe's
criteria.
h o cur over this amount of land often have streams and/or
Undeveloped lands in this area t at c
' wetlands located on the property. The subject development is proposed on a property that
includes an unnamed stream and riparian wetlands near the property boundary. In addition, the
' store has been configured such that the only impact to the stream is for one road crossing.
' Minimization
To minimize site impacts, the site development plan was shaped around the stream and includes
' a 50 ft buffer on the development side of the stream, with the exception of one small Tar-
Pamlico Buffer Rule Zone 2 impact. The only stream impact is a road crossing over the stream,
' and the crossing was configured to be perpendicular to the stream to lessen the impact.
' The property pinches together north and south of the west side of the store which restricts the
proposed store location. The parking spaces have been minimized. Originally, the store was
' proposed further back on the property which would have resulted in more stream, buffer and
' wetland impacts. At that time, the foundation work for a medical office had begun in the area of
the proposed Lowe's parking lot. Additional property was brought under contract and the
medical office was moved to the south to allow the proposed Lowe's store to move up toward

Highway 33. An expensive retaining wall was added in the western portion of the site to provide

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

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

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PROGRAM
January 17, 2007
Patrick Rivers
Lowe's Home Center Inc.
c% Land Planning Associates, Inc.
110 West First Ave., Suite A
Easley, SC 29640

Project: Lowe's Home Centers of East Greenville County: Pitt
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment [o the NCEEP 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 Certiiication within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit andlor the 401
Certification an invoice will be issued and payment must be made. The amount of the In Lieu Fee to be paid to NCEEP by
an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table_
Tar-Pamlico
03020103 Strearn (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri azian Coastal Marsh
Impacts 0 0 100 0 0 0 8,000 7,500
Credits 0 0 200 0 0 0 24,0(}0 11,250
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
.~
(~.~/ William .Gilmore, PE
Q'^ ~ Director
cc: Cyndi Karoly, Wetlands/401 Unit
Josh Pelletier, USACE-Washington
Chris Pullinger, DWQ-Washington
Matt Branblett, agent (elec.}
File
~.P~StOYl.Gl9... ~ ~ ... PV'OZ`P,C~t:GI~ Du,~ .rtGi~P~
~CDF~IR~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 9i9-715-4476 / www.nceep.net
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