20151024 Ver 3_401 Application_20191206

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Soil Sty Environmental Consultants,, PA
8412 FaIN of \eusc Road, Suite 104, Raleigh, NC 27615 • Yhone: 9 -5900 • Fax: O19) 846-9467
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To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: James Lastinger
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Midtown Mixed Use Development
Cary, Wake County, NC
December 6th, 2019
S&EC Project # 12613.W7
SAW# 2015-02079
NC DWR, 401 & Buffer Permitting Unit Regulatory
Attn: Paul Wojowski
Archdale Building — 91h Floor
512 North Salisbury Street
Raleigh, NC 27604 ��,EiV�WR
DEC 0 6 2019
On behalf of the applicant, George Jordan III please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers that the
activities proposed below may proceed under Nationwide Permit 39, a request for approval to utilize
general water quality from the N.C. Division of Water Resources (NCDWR). Authorizations for these
impacts were previously issued by the Corps and DWR in 2015 & 2018 (see PCN form for approval
numbers and dates), but the impacts have not been completed, a major tenant of the project dropped out,
the project was redesigned, some parcels are no longer part of the project and 3 new parcels have been
added (See attached parcel mark up for details of the changes). The added parcels will almost
exclusively be used for the required extension of Hunter St. Consistent with the previous Corps
approvals, mitigation is proposed at a 2:1 ratio to offset proposed impacts.
The proposed impacts are required to allow for development of a mixed use development in downtown
Cary. Please contact me at [phone] if you have any questions or require additional information.
PDn IC/'T 0 RARAAov
Project Name
rvnrir��� �
Midtown
Project T e
Mixed Use commercial and residential
Owner / Applicant
Geor a Jordan III
County
Wake
Nearest Town
Ca ry
Waterbody Name
Walnut Creek
Basin
Neuse
Class
Q NSW
IMPACT SUMMARY (see PCN form tt imnnr+ RAnn, a—
- - - --- ._.... --.... •••..
Stream Impact (feet):
... ., vuuiioi un au udfllll165
0
Wetland Impact (acres):
0.142
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.142
Total Stream Impact (linear feet):
0

Attachments:
Pre -construction Notification (PCN) Application Form
Acceptance Letter from Mitigation Bank
Impact Justification Statement
DWR only: $240 check for application fee
Owner certification/Agent Authorizations (3)
Site Plan/Impact Exhibit (1 page)
Parcel Map Mark Up

O�O� W ATEq pG
T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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 ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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.
❑X Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Midtown Mixed Use Development
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Multiple Owners and Tracts see attached Owner Certifications
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
See attached Owner Certifications
3e.
City, state, zip:
See attached Owner Certifications
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: One of the owners and proposed developer
4b.
Name:
George Jordan III
4c.
Business name
(if applicable):
4d.
Street address:
155 West Chatham Street (mailing address P.O. Box 4422)
4e.
City, state, zip:
Cary, NC 27511 (mailing address Cary, NC 27519)
4f.
Telephone no.:
(o) 919.467.9880
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Kevin C. Martin
5b.
Business name
(if applicable):
Soil & Environmental Consultants, PA
5c.
Street address:
8412 Falls of Neuse Rd., Ste. 104
5d.
City, state, zip:
Raleigh, NC 27615
5e.
Telephone no.:
919-270-7941
5f.
Fax no.:
919-846-9467
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
see attached list of PIN's and addresses
1 b.
Site coordinates (in decimal degrees):
ILatitude: 35.7887 Longitude:-78.7758
1 c.
Property size:
3.64 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Walnut Creek
2b.
Water Quality Classification of nearest receiving water:
C, NSW
2c.
River basin:
Neuse
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:
Site is mostly wooded, Surrounding area is developed commercial property to the west and east, single family residences and some offices to the
south. Bordered by East Chatham St. on the south, East Cedar St. to the north.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.142
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Allow development of a mixed use project in downtown Cary.
3e.
Typical
Describe the overall project in detail, including the type of equipment to be used:
construction equipment for road and building construction, see overall site plan for more specific details like building size, location, parking.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: pJD issued with permit 11-13-15
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Kevin C. Martin
Agency/Consultant Company: S&EC, PA
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NBRRO#15-321 buffer letter issued 8-19-15. PJD issued with previous NWP 39 on 11-13-15. NWP 39 reissued 3-1-18.
A JD request was submitted to the Corps for the additional parcels on 10-22-19. No jurisdictional areas are believed to exist on these parcels
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
Corps NWP 39 issued 11-13-15 & 3-1-18 SAW-2015-02079 DWR 401 Certification issued 10-14-15 & 2-28-18 DWR#15-1024, impacts not completed
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.022
W2 P
Fill
Headwater Wetland
Yes
Corps
0.006
W3 P
Fill
Headwater Wetland
Yes
Corps
0.004
W4 P
Fill
Headwater Wetland
Yes
Corps
0.038
W5 P
Fill
Headwater Wetland
Yes
Corps
0.04
W6 P
Fill
Headwater Wetland
Yes
Corps
0.031
2g. Total Wetland Impacts:
0.142
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
-
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
S5 -
Choose one
-
S6 -
Choose one
-
3h. Total stream and tributary impacts
0
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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 individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
0
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
0
0
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Please see attached statement from Owner and Site Planner
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Please see attached statement from Owner and Site Planner
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?
❑x Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ E9 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: Pancho Stream, Wetland & Nutrient Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Riparian wetland
Type: Choose one
Type: Choose one
Quantity: 0.284
Quantity:
Quantity:
Statement ot mitigation availability a ace , cre s ave not yet been purchased since revised permit has been not issue
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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 QX 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.
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).
Per attached DWR letter no riparian buffers exist on site
6h. Comments:
Page 7 of 10

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 ❑X 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.
Stormwater management plan to be approved by the Town of Cary.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
80
2b.
Does this project require a Stormwater Man a ement Plan?
Z 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 stormwater plan will be reviewed and approved by the Town of Cary. BMP's will be subsurface sandfilters located beneath parking areas.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Cary
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Cary
❑X Phase II
3b.
Which of the following locally -implemented stormwater management programs
X❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
X❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X 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)?
1 c. 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
letter.)
❑ Yes ❑ No
Comments:
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 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X 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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Midtown Mixed use project is a small commercial and residential development that is also urban infill.
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.
Connection to existing municipal sewer line
Page 9of10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
'Threatened/Endangered Species are located within the Cary Quad via a NC -Natural Heritage Programs Data Search,
In 2015 & 2018, the USACE will formally consulted with USF&WS regarding potential impacts to long eared bat, a "not likely to affect" finding issued
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No
Essential Fish Habitat was identified near the project.
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 ❑X 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?
Records checks at the SHPO or the Office of State Archeology were not performed. No structures were observed during the original wetland
evaluation, the 3 new parcels have homes circa 1950's, none are identified on the NC State Historic Preservation Office HPOWEB GIS Service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Wake county GIS
Kevin C. Martin
1 � n /� � /j,,' L
r V
12-5-19
Applicant/Agent's Printed Name
AAppl(ican�t/AAgentt'sSignature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10of10

Environmental Consultants,
8412 Calls of Neuse Road, Suite 104, Rdeigi, NC 27615 • Phone: O O) 8 Ili-5900
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: IA.,-"-` fir Sk+"e e.k - Laty n/L
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastinger Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): o? (0 4 b UP 7 a 1A +- p `�y to (� q a• p
Site Address: 10 3 ,,,,"
City, County, State: _�w�v N L_
PROPERTY OWNER INFORMATION (mailing address email and phone)
Mailing Address: (1 600 FotKl A I&A 10 L a i V k4
Email: Phone: ,
'k� vQI-rJ Z 7
Property Own, plevGrint) Date
Property
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Hunter Street — Cary, NC
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastinger Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0764616897
Site Address: 307 E. Chatham Street
City, County, State: Cary, NC (Wake County)
PROPERTY OWNER INFORMATION (mailing address, email and phone)
Mailing Address: 2519 Wake Drive, Raleigh, NC 27608
Email: [e-mail] Phone: [phone]
BG Real Estate Ventures, LLC
Property Omer Name (please print)
Owner Signature
9/30/19
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Environmental Consultants,
$412 falls of ,.crosc I oAd,,su le W4, RaicjWj, ,'tit
91'�' ,tiat,-i'Xl(j• I'r<x: 19I%34&9467
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers,
69 Darlington Avenue
Wilmington, NC. 28403
Wilmington District
Attn: James Lastinmer Field Office: Raleigh
S&EC Project # 12613
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff, you should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): d76lQ3 ,? g
.Site Address: ,Z, � 1,, ��
City, County. State: i_ f t/
Mailing Address:
Email: ,8� ,� .0 4(/ Phone: At I— (G
VL
vL
Property Owner Name (please tnt) Dat
Property Owner natur
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Environmental Consultants,
!'alik of ,cwv RAtd, Sustu 104, Ralc-101, ;N( x,%li+ ph cmr: f9 ) �FM1tt it7Clll+ i ,
sarsdccx:�nn
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description:
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: James Lastinger Field Office: Raleigh
S&EC Project # 12613_
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): a ?b Y6 -L I d a 0 e' A rYlvis7 b
Site Address: 3'f 5 1 T-'F. 'k•.7�r�,r
City, County, State: y
Mailing Address:
Email. Qmt�..a
r
Property.OwjjeLN
/
Property er Si
r
0
(Please Print),1
C,Xt
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

November 1, 2019
Via Email
U.S. Army Corps of Engineers
RE: East Chatham Street Properties: Impact Justification Letter
Whom It May Concern:
My family and I currently own land on East Chatham and East Cedar Streets in Downtown Cary.
Some of this land has been in my family for multiple generations and other portions have been
acquired in recent years. We are currently working with a developer and neighboring property
owner to master plan and develop 3.76 acres of this land, on which our consultants have
determined exists 0.142 acres of wetlands. We are requesting the right to impact these wetlands
for the purpose of developing a mixed -use project within Downtown Cary. It is our belief that
the property attributes, the Development Plan attributes, and the features of the wetlands
themselves support impacting the wetlands.
The property within the Development Plan consists of 3.76 acres of undeveloped and residential
land in Downtown Cary, NC. The property is located within the original boundaries of Cary,
when first incorporated in 1871. While Cary is a historically rural and suburban town, the
property is located in the one area of town that is considered its downtown or urban core. This
project would be considered an "urban redevelopment" as opposed to a "greenfield
development". This is further highlighted by the fact that the property is located within the
"Town Center District" of Cary, which was established in 2001 with the drafting of the "Town
Center Area Plan".
The Town Center District of Cary is considered the "heart" of Cary by town officials, and was
established when the Town made the conscious and purposeful decisions to promote sustainable,
urban redevelopment in its core. The goals of the Town Center Area Plan are to encourage a
diverse mix of uses, encourage pedestrian friendly development within walking distance of the
existing train station at sufficient densities to support the station and downtown businesses, and
to provide convenient and adequate parking for businesses and residents while minimizing visual
parking impacts.
The property is also located within the Town of Cary's "Business Improvement District", which
is an even smaller geographic area than the Town Center District. This district is the only area in
Cary with this designation, and was specifically designated as such because the Town is making
a concerted effort to promote high intensity commercial, office, and residential development in
its urban core.
The Land Use Designation and Zoning for the property is "High Intensity Mixed Use (HMXD),
This is the most intense zoning class in the Town of Cary, and the Town Center District is the
only location in the Town of Cary with this zoning. The principles of the HMXD zoning are as
follows: a mix of Commercial, Office, and High -Density Residential uses; high development

densities; close proximity to the rail station; buildings to be located close to the street and
fronting the street; and surface parking behind buildings or in parking decks. As the Town of
Cary states, "HMXD areas are the key components to creating a vibrant, walkable, and exciting
downtown."
The reason we highlight the property's location within the Town Center District and the Business
Improvement District, as well as the property's Land Use/Zoning, is that the principles/goals of
those designated areas are directly in keeping with modern, sustainable, development principles.
Those principles are as follows: intense development in the downtown urban core with
walkability to daily needs and amenities, as well as public transportation; works with existing
infrastructure; and relieves pressure on rural and suburban greenfield areas. As we will highlight
next, our Mixed -Use Development Plan is designed to meet those principles.
Our Development Plan includes a mixed -use building that includes ground floor commercial
space fronting Chatham Street, +/- 225 multi -family units in a 5-story structure, and a more than
325 space parking deck. This is a high intensity development plan that addresses a full range of
uses.
The commercial building, residential, and parking structure will be located on the site of the
existing wetlands. Providing commercial and residential uses is critical to the successes of
downtown Cary's revitalization. The multi -family residential use within the Town Center and
Business Improvement District is critical to supporting the Downtown Cary business community.
Furthermore, given the property's location within 0.4 miles of the Cary Depot rail and bus
station, it puts a high number of residents within walking distance of high speed public
transportation. This proximity to the Cary Depot will be even more critical in the near future, as
Wake County has targeted the Cary Depot for a major transit stop on the new transit plan that
was recently adopted.
Providing commercial and residential uses within the Town Center District, will promote the
revitalization of Downtown Cary; relieve traffic on suburban roads; and provide food and other
services to the historically low-income neighborhood to the SE, where many residents may not
have vehicles. The retail uses would also provide services and amenities to residents outside the
walkable geographic area. However, by bringing these residents from outside of Downtown
Cary into Downtown to shop and visit, it further supports redevelopment efforts and the
Downtown Cary business community.
The overall parking count for the Development Plan is significantly below what the Town of
Cary and the Triangle market generally require for multi -family and retail uses. Specifically, the
Town of Cary requires 2.25 parking spaces per dwelling unit for multifamily projects. The
Development Plan provides for 1.4 +/- spaces per dwelling unit, which is about a 36% reduction
from the Town of Cary's parking requirement for multi -family. The Town of Cary does not
require a minimum number of parking spaces for commercial uses within the HMXD zoning
district. Instead, the Town encourages shared parking and other creative design solutions that are
market driven, but also minimize excess parking. The Development Plan provides a market
standard parking ratio of 5.04 spaces / 1,000 SF of space for the commercial space, by utilization
of shared and on -street parking.

In summary, the overall parking provided on the Development Plan is materially less than what
projects outside of Downtown Cary would provide for a project of similar scale. Therefore, it
will be necessary to incorporate shared and on -street parking to allow for enough parking to
make both the multifamily and the retail marketable. Any less parking than what is provided
would not be sufficient to make the project feasible.
The reason we are requesting the right to disturb 0.142 acres of wetlands is to allow for the
project to be developed in compliance with the Town of Cary's Development Plan for
Downtown Cary, based on the principles and characteristics described above. Without impacting
the wetlands, it is not possible to develop a project that fully meets the Town of Cary Town
Center Area and Business Improvement District objectives. Although small in overall size, the
location and distribution of the wetland pockets on the property essentially renders the property
undevelopable at a scale desired by the Town of Cary and as shown on the Town's Development
Plan. Given the wetland buffers required for grading, along with Town of Cary road and drive
aisle widths, the effective undevelopable area created by the wetlands would be approximately
0.67 acres and another approximately .20 acres has limited development use given the limited
remaining width between the wetlands and the Hunter Street right-of-way. Therefore, the total
impact of the wetlands goes from 0.142 acres to approximately .87 acres. This estimate was
determined by measuring the extent of the area surrounding the wetlands, along with property
line setbacks, and the practical limitations of designing around the small pockets of wetlands
within a small site. The attached exhibit illustrates this impact. Any marginal land remaining for
development would no longer be large enough to utilize within the Town of Cary's Development
Plan. Finally, the wetlands are located closer to the Chatham Street side of the property than the
Cedar Street side. As Chatham Street is the main corridor, any building will need to be located
in close proximity to the street along Chatham Street, as required by the Town of Cary Land
Development Ordinance.
The reason we are requesting the right to impact the entire wetland area versus a portion of the
wetlands is due to their location, distribution, site topography, and Town of Cary storm water
utilities. Because the wetlands are located and evenly distributed throughout the core of the site,
on a relatively small property, there are no wetlands that could be preserved without affecting the
development of the Development Plan. Furthermore, the topography of the site and necessary
grading could place the wetlands at a grade well below the developed building pads. If we are
required to preserve all or a portion of the wetlands, the development infrastructure, in the form
of retaining walls designed around the wetland pockets, would likely degrade the quality of the
remaining wetlands, essentially making their preservation void of the desired preservation intent.
Finally, in addition to ground water, the property is fed by 4 or more storm water sources (3 of
those being pipes discharging directly into the site). The development of the property will
require that those sources be redirected through the site, bypassing any wetlands that we are
required to preserve. This may deprive those wetlands of a substantial source of their water,
further voiding the intent of their presentation.
We welcome the opportunity to speak with you should you have any questions or concerns about
the details of our wetland impact request. Furthermore, if you would like copies of any
supporting materials referenced in our letter, such as the Town of Cary Town Center Area Plan,
the Town of Cary Land Development Ordinance, the Wake County Transit Plan, etc., we would
be happy to provide those documents.

Thank you for your time, and please let us know if you have any questions.
George H. Jordan
[e-mail]
Gam' ' • �:�:il;
P.O. Box 4422
Cary, NC 27519

WI LDLAN DS
HOLDINGS
Statement of Availability
November 5, 2019
George Jordan III
155 West Chatham Street
Cary, NC 27511
[e-mail]
RE: Availability of Riparian Wetland Credits for the Midtown project
Bank Name: Falling Creek Stream and Wetland Mitigation Bank
Bank Site: Falling Creek & Grantham Branch Sites
Bank Sponsor: Wildlands Holdings, III, LLC
USACE Action ID: 2015-00940 / 2015-00940
Riparian Wetland Credits Needed: 0.29 acres
Riparian Wetland Credits Available: 8.920 acres
Neuse 03020201 River Basin
Dear Mr. Jordan,
Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling
Creek Stream and Wetland Mitigation Bank: Falling Creek & Grantham Branch Sites to satisfy
the mitigation requirements related to the above -mentioned project. The project is located
within the service area (HUC 03020201) of the Bank.
Credits may be reserved for a period of 12 months upon the receipt of a non-refundable
deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first
come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date
of this letter and are then subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits
and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the
date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on
a first come, first serve basis.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer
Form within the completed 404 permit.
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

WILDLANDS
HOLDINGS
We appreciate the opportunity to assist you with your mitigation requirements. Please contact
me at [phone] ex. 120 or [e-mail] if you have any questions or need
any additional information.
Sincerely,
Ian M. Hazelhoff
Wildlands Engineering, Inc.
Mitigation Development and Credit Sales
[e-mail]
0: [phone] ex. 120
M: (205)-807-0800
Cc: Kevin C. Martin, Principal, Soil & Environmental Consultants, PA
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

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018096 1 PRELIMINARY SITE PLAN
® 2019 CLINE DESIGN ASSOCIATES, PA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT
AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE REPRODUCED,
CHANGED OR COPIED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN PERMISSION AND
CONSENT OF CLINE DESIGN ASSOCIATES, PA_ THIS GRAPHIC IS FO R ILLUSTRATIVE PURPOSES
ONLY AND IS SUBJECT TO CHANGE.