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HomeMy WebLinkAbout20091112 Ver 1_401 Application_20091009 EVANS ENGINEERING, INC. ENGINEERS, PLANNERS, SURVEYORS 4609 DUNDAS DRIVE GREENSBORO, NORTH CAROLINA 27407 PHONE: (336) 854-8877 FAX: (336) 854-8876 DATE: D " ? Dq CLIENT: 23-0 P.M. o c T r'F.NR - WATER WAL.TY PROJECT: ,s9 VVETLANI'DS AND sTCRIINNATElR BRANCH TO: 16,s-o hi-41L S?nv?c? &NTPA) lALtf&#1 N (- 276g9.165-0 A 17, et- 2 . 7011 Aq-r From: AvTmojw & L?-.-sTi-?. TO BE DELIVERED [ ] TO BE MAILED [ X ] TO BE PICKED UP [ ] WORLDWIDE EXPRESS [ ] FEDERAL EXPRESS [ ] COMMENTS: P( bl Ap&jC+j ron/ F09, TAL 124 UbNn kg&n /Uol.rm 6414"H ?t&fnkt &,ae-r 0 OF Pows f,"oFIff' e. 6Mkffl-WATf& hk&A&s-&k? A+N. ?I6 Pz+N 945 AL60 CIA/ 5146M I r-"13 7-0 /-UWtM ZC45. P4,46t t"04-MCT Af- ArH CVMMFNr5 . -THj jK5 Fan- 7GUJ2 AFl-P. s 0'-1112 o?oF w A rf;y t I >_ y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ] 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ® Yes ? No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: 120 Wind Road & 3800 N. Church Street 2b. County: Guilford 2c. Nearest municipality / town: Greensboro 2d. Subdivision name: Church Crossing Commercial Subdivision 2e. NCDOT only, T.I.P. or state project no: No 3. Owner Information 3a. Name(s) on Recorded Deed: Kotis Holdings, LLC 3b. Deed Book and Page No. 6910 @ 1400 -1404 3c. Responsible Party (for LLC if applicable): Marty Kotis 3d. Street address: 1500 Mill Street, Suite 105 ?';' 3e. City, state, zip: Greensboro, NC 27408 ;r 3f. Telephone no.: 336-574-2000 T 1°3`;'7 3g. Fax no.: 336-574-2001 ENR - WATER Qok. - fy 3h. Email address: marty@kotisprop.com VrjTLAND0 ANDST0PU,N"AT IER RRMILM Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent El Other, specify: Owner 4b. Name: Kotis Holdings, LLC 4c. Business name (if applicable): Kotis Holdings, LLC 4d. Street address: 1500 Mill Street, Suite 105 4e. City, state, zip: Greensboro, NC 27408 4f. Telephone no.: 336-574-2000 4g. Fax no.: 336-574-2001 4h. Email address: marts .kotisprop.com 5. Agent/Consultant Information (if applicable) 5a. Name: Anthony D. Lester, P.E. 5b. Business name (if applicable): Evans Engineering, Inc. 5c. Street address: 4609 Dundas Drive 5d. City, state, zip: Greensboro, NC 27407 5e. Telephone no.: 336-854-8877 5f. Fax no.: 336-854-8876 5g. Email address: adlaevans-eng.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 431-1-16 1 b. Site coordinates (in decimal degrees): Latitude: 36.134°N Longitude: - 79.788°W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 17.36 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to South Buffalo Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is currently developed with an existing 64,600 SF shopping center. There are currently (4) undeveloped outparcels. The immediate site is zoned shopping center and the surrounding area is a mixture of multifamily residential and commercial businesses. 3b. List the total estimated acreage of all existing wetlands on the property: 0.09 Acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 485 LF Perennial Stream; 234 LF, Intermittent Stream 3d. Explain the purpose of the proposed project: Construction of parking lot and access drive to the proposed expansion of the shopping center. 3e. Describe the overall project in detail, including the type of equipment to be used: This project will entail the expansion of the existing shopping center and development of outparcel sites. Pans, dozers and compaction equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / © Yes ? No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Environmental Services, Name (if known): Andrew Williams . Inc. Other: Charlie Johnston 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . A representation of the USACE (Andy Williams) and NCDWQ (Sue Homewood) evaluated the site. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ? Yes X? No 6b. If yes, explain. N/A Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): x? Wetlands Q Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ® P ? T Fill Headwater x? Yes Q Corps 0 017 Ac Wetland ? No ? DWQ . . W2 © P ? T Fill Small-Basin ? Yes E] Corps 0 08 Ac * Wetland ? No ? DWQ . . W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.097 Ac. 2h. Comments: *Wetland impact #2 is a former sediment basin 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ -non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 EIP ? T Fill & Pipe UT ? PER ® INT ® Corps ? DWQ 2 Feet (239 LF)* S2 El P ? T Fill & Pipe UT © PER ? INT ® Corps ? DWQ 6 Foot Avg. 149 LF Width S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 149 LF* 3i. Comments: * The intermittent reach of this stream has been designated by the USACE as unimportant and not requiring compensatory mitigation. Page 4 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction N/A If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 I Stormwater Detention P2 5f. Total 5g. Comments: The proposed pond is being built in an upland area. 5h. Is a dam high hazard permit required? ? Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 0.22 acres 5j. Size of pond watershed (acres): 6.12 acres 5k. Method of construction: Principal spillway will be a riser & barrel. Emergency spillway will be rip rap 6. Buffer Impacts (for DWQ) N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for Temporarv (T) impact B1 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Buffer Stream name mitigation required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached sheet. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Standard sediment and erosion control measures will be observed. The limits of construction will be flagged and silt fence will be placed at the tops of slopes in order to protect the existing stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 0 Yes ? No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) N/A Type Quantity 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. El Yes 4b. Stream mitigation requested: 149 linear feet 4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan NIA 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form -Version 1.3 December 10, 2008 Version Avoidance & Minimization Item 1 a. We (Kotis Holdings, LLC and Evans Engineering, Inc.) have worked very closely with the NCDWQ (Sue Homewood) in developing this application. We first met with Sue in hopes of having Proposal #1 (see attached map) approved. This plan proposed the filling of 0.09 acres of wetlands, 239 LF of intermittent stream and 460 LF of perennial stream. Sue informed us that the permit that we were asking for required a stormwater management plan since our impervious surface area would exceed 24%. At this point, we knew that we had to modify our layout to include some type of BMP device. We then proposed a second layout (Option #2, filling of .09 acres of Wetlands, 239 LF of unimportant intermittent stream and 300 LF of perennial stream) that disturbed a majority of the higher quality stream south of the existing parking lot. We were then told to try to minimize our impacts even further. It was at this point that we decided to leave most of the perennial stream south of the existing parking lot undisturbed. This Option #3 consisted of filling .097 acres of wetlands, 239 LF of unimportant intermitten stream and 149 LF of perennial stream. This option was needed in order to tie the two existing pipe outlets together and outlet them in one place. Therefore, the stream disturbance proposed was reduced from 699 LF to 388 LF total. C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. N/A 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: N/A E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes 91 No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: N/A Page 7 of 10 C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 66.6% 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The SWMP for this project includes (3) devices: (1) permanent wet detention pond and (2) bio retention cells. These BMP devices have been sized for all the new impervious surface area. ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review N/A 3a. In which local government's jurisdiction is this project? City of Greensboro 3b. Which of the following locally-implemented stormwater management programs ? Phase II ? NSW apply (check all that apply): ? USMP © Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? Plan has been submitted to State DWQ but not approved. 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes] No SWMP is currently under review by the state. 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? [N Yes ? No Page 8 of 10 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes Z] No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ? No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. The sewage disposal for this site is via public sewer mains and therin, will travel to the City of Greensbor wastewater treatment plant. Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or F1 Yes FX] No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes ? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There is no fish habitat on site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Visual inspection of site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? -T ? Yes] No - 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map W, )l1gM m, K6t;s ITL L -M I AA/' J 9 1 l ??09 ' ' Applicant/Agent s Printed Name Alican?Ag enh Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provide .) Page 10 of 10 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 January 9, 2009 Anthony D. Lester Evans Engineering, Inc. 4609 Dundas Drive Greensboro, NC 27407 Re: Commercial Development Dear Mr. Lester: This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally-protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Mark Bowers of this office at (919) 856-4520 ext. 19. Sincerely, Pete Benjamin Field Supervisor L- List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 tu. STA7p Q, C North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary January 26, 2009 Anthony Lester Evans Engineering, Inc. PO Box 10285 Greensboro, NC 27404 Office of Archives and History Division of Historical Resources David Brook, Director Re: Wetland & Stream Disturbance, 120 Wind Road & 3800 North Church Street, Greensboro, Guilford County, ER 08-3086 Dear Mr. Lester: Thank you for your letter of December 23, 2008, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, Peter Sandbeck Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Sen ice Center, Raleigh NC 27699-=4617 Telephone/Fax: (919) 807-6570/807-6599 r-9;J r1?9osyystem PROGRAM December 22, 2008 Marty Kotis Kotis Properties, LLC P.O. Box 9296 Greensboro, NC 27429 Expiration of Acceptance: September 22, 2009 Project: Church Crossing Shopping Center County: Guilford 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 to the NCEEP will be approved. You must alsb,complly`with all.other state 'federal or }ocal This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. 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.neeep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri arian Nan-:R arian Coastal Marsh Impact Cape Fear 03030002 0 0 299 0.09 0 0 0 0 Credits Cape Fear 03030002 0 0 598 0.18 0 0 0 0 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 Valerie Mitchener at (919) 715-1973. Sincerely, . illia .. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Andy Williams, USACE-Raleigh Sue Homewood, NCDWQ-Winston-Salem Anthony Lester, agent File Pro" ourStag WNW, NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net