20151052 Ver 2_401 Application_20170917

%0WithersRavenel
NoOur Peopte. Your Success.
219 Station Road, Suite 101
Wilmington, North Carolina 28405
t: 910.256.9277 1 f: 910.256.2584
NC Division of Water Resources - 401 Wetlands Unit
512 N. Salisbury Street; 9th Floor
Raleigh, NC27604
WE ARE SENDING YOU ❑x Attached
THE FOLLOWING ITEMS ❑ Shop Drawings
❑ Copy of Letter
Letter of Transmittal
9/13/17 • : • 02140191.00
• Ms. Karen Higgins
Amberly Place - Cary, Wake County
(Formerly Lewter Property Retail Center)
NWP 39 PCN Submittal
❑ Under Separate Cover via
❑ Prints ❑ Plans
❑ Change Order ❑ Diskette
❑ Samples ❑ Specifications
❑ Other
COPIESDATE
NO.
DESCRIPTION
4
9/13/17
02140191.00
NWP 39 PCN
1
9/13/17
02140191.00
Check for $240 Application Fee ,1
1
9/13/17
02140191.00
CD of PCN a
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑ Other
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: File SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.

4/ WithersRavene
li / Cur People Your Su;
September 13, 2017
US Army Corps of Engineers
Regulatory Field Office
Ms. Tasha Alexander
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
\0
Re: Ambery Place (formerly Lewter Property Retail Center) - Cary, Wake County
NWP 39 PCN Submittal
Corps AID #SAW -2014-00337
NCDWR Project #15-1052
WR Project #02140191.00
Dear Ms. Alexander and Ms. Higgins,
On behalf of GB Amberly Place, LLC, we are requesting authorization from the USACE to use NWP
39 for 0.15 acres of permanent wetland impacts, 121 If of permanent stream impacts and 27 If of
temporary stream impacts for construction of the proposed mixed use retail project. We are also
requesting a 401 WQC from NCDWR for the above referenced impacts.
The project is ±21.5 acres in size and is located at 7712 Carpenter Fire Station Road, in the
northwest quadrant of the intersection of Carpenter Fire Station Road and Green Level West Road
in Cary, Wake County (Latitude: 35.823914°N; Longitude: -78.903270°W). The project is located
in the Cape Fear River (Jordan) basin (HUC 03030002) and the site drains to Morris Branch. The
Water Quality Classification for Morris Branch is WS -IV; NSW and the Stream Index Number is:
16-41-1-17-3-2.
Proposed Project
The purpose of the proposed project is to construct a mixed-use retail development, which will
provide retail shopping for the large number of residential developments within the immediate
vicinity, helping to reduce the need to travel on high traffic thoroughfares. The proposed project
consists of the construction of a mixed use retail center, anchored by a 49,000 sq ft grocery store,
with and associated roads, parking, utilities, stormwater management and greenway trail for
pedestrian access.
Project History
The USACE issued a Preliminary Jurisdictional Determination for the project (SAW -2014-00337)
on 01/05/16. A copy of the Preliminary JD has been provided as an Appendix.
The Town of Cary issued a Buffer Determination Letter for the project on 11/07/13 (TCRB 13-013).
A copy of the Buffer Determination Letter has been provided as an Appendix. Please note that
there are no proposed impacts to Jordan Lake Riparian Buffers.
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 1 f: 910.256.2584 1 www.withersravenel.com I License No. C-0832
Cary ( Greensboro I Pittsboro I Raleigh I Wilmington

a
AmberlyPlace- Cary,WakeCounty " WithersRavenel
ti NWP 39 PCN
1`u, Jr+O}i{i' YOIdE
The USACE issued a NWP 39 for the project, under the Lewter Property Retail Center project
name, on 01/05/16 (SAW -2014-00337). The NWP 39 authorized 0.15 acres of permanent wetland
impacts, which consisted of four small wetlands that had formed in the bottom of four small drained
ponds. A copy of the NWP 39 has been provided as an Appendix.
NCDWR issued a 401 WQC for the project, under the Lewter Property Retail Center project name,
on 10/22/15 (DWR Proj #15-1052). The 401 WQC authorized 0.15 acres of permanent wetland
impacts. A copy of the NCDWR 401 WQC has been provided as an Appendix.
The previously issued NWP 39 and 401 WQC expired on March 18, 2017. The project qualifies for
an automatic 1 -year extension, making the existing permits valid until March 18, 2018. However,
we are requesting authorization of both the previously permitted wetland impacts, as well as the
currently proposed stream impacts in order to have all impacts authorized under one permit.
Proposed Impacts
The proposed impacts consist of 0.15 acres of permanent wetland impacts, 121 If of permanent
stream impacts and 27 If of temporary stream impacts for construction of the grocerystore building
and associated parking.
The 0.15 acres of permanent wetland impacts (Impacts 1, 2, 3 & 4) were previously authorized
under the NWP 39 issued on 1/5/16 for the Lewter Property Retail Center. We are requesting re-
authorization of these impacts.
Impact 5A will result in 121 If of permanent stream impacts, which are required for road fill and
construction of a 30' high retaining wall to stabilize the road fill.
Impact 5B (27 If of temporary impacts) has been assessed for disturbance during construction of
the retaining wall. However, the contractor will take measures to avoid impacting the stream
during construction, through methods such as placing steel plates over the stream to prevent
disturbance. Any portions of the stream within Impact Area 5B that are disturbed during
construction will be restored to preexisting conditions upon completion of construction of the
retaining wall.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Due to the general shape of the project site, as well as requirements for a retail center such as roads,
minimum parking, building sizes and municipal setbacks, the design alternatives were limited and
impacts could not be avoided entirely. Proposed permanent wetland impacts have been minimized
to impact only the low quality herbaceous wetlands which have formed in the bottom of four small
drained ponds, which are not natural wetlands. Please note the proposed 0.15 acres of wetland
Page 2 of 4

Amberly Place - Cary, Wake County 40 W i t h e rs Ra ve n e l
NWP 39 PCN
40 i3"t JI'LJ [)d<:' XoOF
impacts were previously authorized in the NWP 39 issued for this project, under the Lewter
Property Retail Center project name, on 1/5/16.
When the project was originally permitted in 2015/2016, the site plan proposed a cul-de-sac at the
stub end of Jockey Club Circle to meet Town of Cary requirements, which avoided impacts to the
intermittent stream. The cul-de-sac was designed to be located on both the project's property, as
well as the adjoining subdivision's property. During the site plan review process, it was determined
that the adjacent subdivision's HOA did not have the ability to dedicate ROW for the proposed cul-
de-sac, which meant that the entire cul-de-sac had to be relocated entirely within the project's
property. This shift in the location of the cul-de-sac pushed it further east, which would require the
footings of the retaining wall to impact the stream. The construction of the cul-de-sac in the new
location would result in ±165 If of permanent stream impacts as shown in the Cul-de-sac
Alternative Exhibit, which has been provided as an Appendix. As depicted in the Cul-de-sac
Alternative Exhibit, the retaining wall footings would have left a small, disconnected section of
undisturbed stream, which would be secondarily impacted. So in reality, the cul-de-sac design
would result in closer to ±255 If of permanent stream impacts.
After consideration from the Town of Cary, the design was modified to remove the cul-de-sac.
Although the cul-de-sac was removed, the fill slope for the proposed road still requires permanent
stream impact, as shown in the attached Impact Plans. The road fill has been designed to minimize
permanent stream impacts as much as feasible by utilizing a retaining wall that reaches over thirty
feet (30') in height to stabilize the road fill. The design shown in the attached impact exhibits
proposes 121 If of permanent stream impacts, which is significantly less than the cul-de-sac design,
and also concentrates impacts to the upper reach of the stream, leaving the downstream portions
intact and natural.
Additionally, measures will be taken to minimize the temporary stream impacts within Impact Area
5B area during construction of the retainingwall. These measures include coveringthe stream with
steel plates to allow access for equipment during construction of the retaining wall without
disturbing the stream banks. Any portions of the stream within Impact Area 5B that are disturbed
during construction will be restored to preexisting conditions.
Mitigation
The previously issued NWP 39 approved mitigation for the 0.15 acres of permanent wetland
impacts through the purchase of offsite mitigation credits at a 1:1 ratio. The applicant has already
purchased the required 0.15 acres of wetland mitigation from NCDMS. A copy of the Mitigation
Payment Receipt and Mitigation Responsibility Transfer Form has been provided as an Appendix.
The proposed permanent stream impacts are less than 150 If, and therefore stream mitigation is not
proposed.
Stormwater Management Plan
The stormwater management plan consists of a wet detention pond designed to meet TSS and TN
removal criteria, and therefore diffuse flow is not required. The wet detention pond will discharge
Page 3 of 4

a
Amberly Place - Cary, Wake County
NWP 39 PCNNo
%0WithefsRavenei
Our peopte Your Success.
through a rip -rap dissipator to dissipate flow and prevent erosion. The stormwater management
plan will be reviewed and approved by the Town of Cary.
The current request is for 0.15 acres of permanent wetland impacts, 121 If of permanent stream
impacts and 27 If of temporary stream impacts (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• USACE Preliminary JD
• Town of Cary Buffer Determination Letter
• Previously Issued USACE NWP 39 (for Lewter Property Retail Center)
• Previously Issued NCDWR 401 WQC (for Lewter Property Retail Center)
• DMS Mitigation Payment Receipt and Mitigation Responsibility Transfer Form
• Cul -De -Sac Alternative Exhibit
• Impact Exhibits
Page 4 of 4

!�'O��w A r9�c
o � �
�rrr,r.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El 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?
® 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:
Amberly Place (formerly Lewter Property Retail Center)
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name.-
ame:2e.
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
GB Amberly Place, LLC
3b.
Deed Book and Page No.
Book: 016831; Page: 00158
3c.
Responsible Party (for LLC if
applicable):
Tom Hareas
3d.
Street address:
5858 Central Avenue
3e.
City, state, zip:
St. Petersburgh, FL 33707
3f.
Telephone no.:
727-384-6000
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d. Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
WithersRavenel
5c.
Street address:
219 Station Road, Suite 101
5d.
City, state, zip:
Wilmington, NC 28405
5e.
Telephone no.:
910-256-9277
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN 0725844460, 0725846945 & 0725856677
1 b. Site coordinates (in decimal degrees):
Latitude: 35.823914°N Longitude: - 78.903270°W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
±21.5 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Morris Branch (Stream Index: 16-41-1-17-3-2)
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV;NSW
2c. River basin:
Cape Fear (Jordan) - 03030002
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 project site currently consists of undeveloped woodlands and a fallow agricultural field. The general land use in the
vicinity of the project consists of a mixture of residential and commercial land use.
3b. List the total estimated acreage of all existing wetlands on the property:
0.15 acres (wetlands within drained ponds)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±1,150 If total
±270 If (intermittent)
±880 If (Morris Branch — Perennial)
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed-use retail development, which will provide retail shopping for
the large number of residential developments within the immediate vicinity, helping to reduce the need to travel on high
traffic thoroughfares.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will consist of the construction of a ±49,000 sq ft building intended for a grocery store which will
anchor the retail center, as well as construction of internal roads, parking for the various retail buildings, utilities,
stormwater management and greenway trail to provide pedestrian access. Typical commercial construction equipment
will be used to construct the proposed project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes [INo ElUnknown
project (including all prior phases) in the past.'
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: WithersRavenel
Name (if known): Troy Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The USACE issued a Preliminary Jurisdictional Determination for the project (SAW -2014-00337) on 01/05/16. A copy of
the Preliminary JD has been provided as an Appendix.
The Town of Cary issued a Buffer Determination Letter for the project on 11/07/13 (TCRB 13-013). A copy of the Buffer
Determination Letter has been provided as an Appendix.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
The USACE issued a NWP 39 for the project, under the Lewter Property Retail Center project name, on 01/05/16 (SAW -
2014 -00337). The NWP 39 authorized 0.15 acres of permanent wetland impacts, which consisted of four small wetlands
that had formed in the bottom of four small drained ponds. A copy of the NWP 39 has been provided as an Appendix.
NCDWR issued a 401 WQC for the project, under the Lewter Property Retail Center project name, on 10/22/15 (DWR
Proj #15-1052). The 401 WQC authorized 0.15 acres of permanent wetland impacts. A copy of the NCDWR 401 WQC
has been provided as an Appendix.
The previously issued NWP 39 and 401 WQC expired on March 18, 2017. The project qualifies for an automatic 1 -year
extension, making the existing permits valid until March 18, 2018. However, we are requesting authorization of both the
previously permitted wetland impacts, as well as the currently proposed stream impacts in order to have all impacts
authorized under the same permits.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed project will be constructed in phases. However, all impacts necessary for construction of the entire project
has been addressed in this application.
Page 4 of 12
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):
® 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.
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
Impact 1
Fill
Herbaceous
❑ Yes
® Corps
0.01 ac
® P El
(drained pond)
® No
® DWQ
Impact 2
Fill
Herbaceous
El Yes
® Corps
0.03 ac
® P E]T
(drained pond)
® No
® DWQ
Impact 3
Fill
Herbaceous
El Yes
® Corps
0.08 ac
® P El
(drained pond)
® No
® DWQ
Impact 4
Fill
Herbaceous
El Yes
® Corps
0.03 ac
® P ❑ T
(drained pond)
® No
® DWQ
2g. Total wetland impacts
0.15 ac
2h. Comments: Proposed wetland impacts will occur to wetlands that have formed in the bottom of 4 small drained ponds,
which were previously authorized in the NWP 39 issued in 2016, but have not been completed. Therefore, we are requesting
reauthorization of the previously approved wetland impacts under this application.
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)
Impact 5A
Road fill
UT to Moms
❑ PER
® Corps
3'
121 If
® P ❑ T
Branch
® INT
® DWQ
Impact 56
Tempora
Constructiry
on
UT to Morris
❑ PER
®Corps
3'
27 If
El ® T
Access
Branch
® INT
® DWQ
3h. Total stream and tributary impacts
148 If
3i. Comments:
Permanent stream impacts (Impact 5A) will occur from road fill and construction of a 30' high retaining wall to stabilize road fill.
Temporary stream impacts (Impact 513) have been assessed for disturbance during construction of the retaining wall.
However, the contractor will take measures to avoid impacting the stream during construction, through methods such as
placing steel plates over the stream to prevent disturbance. Any portions of the stream within Impact Area 5B that are
disturbed during construction will be restored to preexisting conditions upon completion of construction.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
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:
6. Pond or Lake Construction
If pond 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
P2
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.
❑ Neuse ❑ Tar -Pam lico ®Other: Jordan
Project is in which protected basin?
El Catawba El Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required.
131 OP [-IT
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: There are no proposed impacts to riparian buffers.
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
Due to the general shape of the project site, as well as requirements for a retail center such as roads, minimum parking,
building sizes and municipal setbacks, the design alternatives were limited and impacts could not be avoided entirely.
Proposed permanent impacts have been minimized to impact only the low quality herbaceous wetlands which have formed in
the bottom of four small drained ponds, which are not natural wetlands. Please note the proposed wetland impact were
previously authorized in the NWP 39 issued for this project, under the Lewter Property Retail Center project name, on 1/5/16.
When the project was originally permitted in 2015/2016, the site plan proposed a cul-de-sac at the stub end of Jockey Club
Circle which avoided impacts to the intermittent stream. The cul-de-sac was designed to be located on both the project's
property, as well as the adjoining subdivision's property. During the site plan review process, it was determined that the
adjacent subdivision's HOA did not have the ability to dedicate ROW for the proposed cul-de-sac, which meant that the entire
cul-de-sac had to be relocated entirely within the project's property. This shift in the location of the cel -de -sac pushed it further
east, which would require the footings of the retaining wall to impact the stream, resulting in ±165 If of permanent stream
impacts as shown in the Cul-de-sac Alternative Exhibit, which has been provided as an Appendix. As exhibited in the Cul-de-
sac Alternative Exhibit, the retaining wall footings would have left a small, disconnected section of undisturbed stream, which
would be secondarily impacted anyway. So in reality, this design results in closer to ±255 If of permanent stream impacts.
After consideration from the Town of Cary, the design was modified to remove the cul-de-sac. Although the cul-de-sac was
removed, the fill slope for the proposed road still requires permanent stream impact, as shown in the attached Impact Plans.
The road fill has been designed to minimize stream impact as much as feasible by utilizing a retaining wall that reaches over
thirty feet (30') in height to stabilize the road fill. The design shown in the attached impact exhibits proposes 121 If of
permanent stream impacts, which is significantly less than the cul-de-sac design, and also minimizes the impacts to the upper
reach of the stream, leaving the downstream portions intact and natural.
Additionally, measures will be taken to minimize the disturbance to the stream within the Impact Area 5B area during
construction of the retaining wall. These measures include covering the stream with steel plates to allow access for
equipment during construction of the retaining wall without disturbing the stream banks. Any portions of the stream within
Impact Area 5B that are disturbed during construction will be restored to preexisting conditions.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Retaining walls will be used to stabilize fill to minimize stream impacts. Additionally, silt fencing will be installed around all
disturbed areas to prevent sediment from escaping into downstream waters. Measures will be taken to avoid temporary
stream impacts, such as placing steel plates over the stream for construction equipment to cross without disturbing the
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
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

3c. Comments.-
omments:4.
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:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
0.15 acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: The previously issued NWP 39 required mitigation for the 0.15 acres of wetland impacts at a 1:1 ratio. The
wetland mitigation has already been purchased, and the mitigation payment receipt and MRTF have been provided as an
Appendix.
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.
S. 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
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ 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.
Comments: Stormwater will be treated through a wet detention pond which will
❑ Yes ® No
provide TN and TSS removal and diffuse flow is not required. The pond will
discharge into a rip -rap dissipator to dissipate flow and prevent erosion. Diffuse
flow requirements will be reviewed and approved by the Town of Cary.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
70%
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 proposed stormwater management plan consists of a single wet detention pond,
sized to handle stormwater for the
entire site and designed to meet TSS and TN removal, which will discharge through rip
-rap dissipator. The stormwater
management plan will be reviewed and approved by the Town of Cary.
® 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
3a.
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
3b.
Which of the following locally -implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® 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
attached?
❑ Yes ❑ No
S.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes
❑ No
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
® 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 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):
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.
The proposed project is located within a heavily developed area of Cary and is not anticipated to be a catalyst for future
development that could impact nearby downstream water quality.
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.
Town of Cary sanitary sewer / Western Wake WWTP
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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 ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/content/map to
identify if there were any known occurrences of endangered species on or near the proposed project. The review of the
NHP data did not identify any occurrences of endangered species or critical habitat on the subject property or within 1.0
miles of the project, see attached NCNHP project review letter, dated 9/12/17. Site reviews did not identify any potential
habitat for any federally protected species known to occur in Wake County, except for the Northern Long Eared Bat.
Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used
for roosting during the day. The proposed project area contains forested areas with trees over 3" DBH, and therefore is
considered potential northern long eared bat habitat. The USFWS Final 4(d) rule for the Northern Long -Eared bat
specifies that tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than
0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other
trees within a 150 ft -radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not
located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project.
Additionally, clearing of mature forest between June 1 st and July 31 st is not anticipated for construction of the proposed
project. Therefore, WR concludes that the project "may affect, but is not likely to adversely affect" the northern long-
eared bat.
Please note that the issuance of the previous NWP 39 for this project required consultation with the USFWS, as this
project was permitted before the SLOPES was finalized. USFWS concurred with the previous determination that the
project "may affect, but is not likely to adversely affect" the NLEB. This documentation should be located within the Corps
files.
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 are no waters in Wake County classified as EFH.
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?
WR reviewed the NC State Historic Preservation Office's online database, located at: http://Qis.ncdcr.gov/hpoweb/, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project. Additionally, the
project was previously issued a NWP 39, which documents that the project will not impact historic or archeological
resources.
Page 11 of 12
PCN Form —Version 1.3 December 10, 2008 Version

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
Troy Beasley — WR
�---F�
Authorized Agent
09/13/17
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

rr WithersRavenel
,O Our People. Your Success.
AGENT AUTHORIZATION

%0 WithersRavenel
NoOur People, Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner GB Amberly. LLC (Client) does hereby appoint WithersRavenel. Inc.
as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal
environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water
Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and
approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Amberly Village Retail Center, located
at 7712 Carpenter Fire Station Road consisting of three oarcels (PINS: 0725844460
0725846945 & 0725856677) totaling ±21.5 acres in Cary, Wake County.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date: 20
Agent's Name, Address & Telephone: Signature of Client: /�
WithersRavenel.Inc. T*WfoI J S . � � VP
(Name - Print) (Title)
115 MacKenan Drive
X�—
Cary. NC 27511 (Signa re)
Tel. [phone] GB A*5EP-4, LIQ C/oF TSE $6AAt5Le?—
Mailing Address ablimPAUy
IST. PETV-SROYP I FL 33`bi '7 s8 sa ,�, I
City State Zip C'L�� y e .
Phone:
Email: IPM- �E6:5 �SEN�+6��IZ C6144
115 MacKenan Drive I Cary, NC 27511
t: 919,469.33401 f: 919.467.6008 I www.withersravenei.com I License No. C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

%0WithersRavenet
NoOur People. Your Success.
USGS QUAD (2013)

GRAPHIC SCALE
,r
ROYAL SUNSET DR
5o 0 1000 2000 \. �
i
OKELLYCHAP£L RD
1 inch = 2000 ft.
t � _
300
150
J
J
_ N4(tSAL15 WAY: EVANS FARM RD
z
j r^.../ '1..-k.' Jr'1 yq `
SEA S RD a 1 i WEYCROFT AVE
Di
(j <9
Q f 2 V1../`� f i
z ,~
OAk IN0"
�O,yFSR 1 ' C ARY LEN BLVD'}
�+ 1
'r5 ,
300 --.. '^<w0,0N� �u r
300
KAijE.
P -
IYYSHAW�
GRk'k-N PL
TURTLE CREEK FARM RD � � , R/CG/,Vs
_
W
r
V
3,50 P
a RSON RD
- A iJV W
AMBERLY PLACE USGS QUAD (2013) - GREEN LEVEL 110 WithersRavenel
Engineers I Planners I Surveyors
CARV WAKE COUNTY NORTH CAROLINA

1%WithersRavenet
Our People. Your Success.
WAKE CO. SOIL SURVEY (1970)

vU3
c6rc
4
i
TTT p'
AMBERLY PLACE
(:SKY WAKE COI. N I NORTH CAROLINA
ws-E
z
Em
GRAPHIC SCALE
0 150 300
1 inch = 300 t[.
WAKE CO. SOIL SURVEY (1970)
SHEET 45
IN

%0WithersRavenel
NoOur People. Your Success.
USACE PRELIMINARYJD

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): January 5,
2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Troy Beasley, 1410 Common Wealth
Drive, Suite 101, Wilmington, NC, 28403.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Lewter Property Retail Center, Peggy & Grover
Lewter, SAW -2014-00337
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Wake City: Cary L
Center coordinates of site (lat/long in degree decimal format): Lat. 35.8244331580967° Eisk4 ist, Long. -
78.9037089934373° Riek-List. V Universal Transverse Mercator:
Name of nearest water body: Morris Branch
Identify (estimate) amount of waters in the review area: See Table 1 attached.
Non -wetland waters: 1150 linear feet: 3+ width (R) and/or acres.
Cowardin Class: Riverine
Stream Flow: Perennial and Intermittent
Wetlands: 0.15 acres.
Cowardin Class: Emergent
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal: None.
Non -Tidal: None.
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 7/31/2015
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Preliminary wetland location exhibit
date stamped October 7, 2015 and included in the file.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later iurisdictional determinations.
Signature and date of i� �J Signa0e and date of
Regulatory Project Manager person requesting preli
(REQUIRED) (REQUIRED, unless obtaining the signature is
Impracticable)
Fa

I A.,.—f— Anonn r--t—
Site
Cn
Estimated amount of
Class aquatic
number
Latitude
Longitude
Class lass
aquatic resource in
ce
resource
review area
Wetland
520 sqft
non -section 10 — wetland
A
Wetland
1272 sqft
non -section 10 — wetland
B
Wetland
3346 sqft
non -section 10 — wetland
C
Wetland
1475 sqft
non -section 10 — wetland
D
Stream 1
270 linear feet
non -section 10 — non -
wetland
Morris
880 linear feet
non -section 10 — non -
Branch
wetland

STREAM 2
MORRIS BRANCH
PERENNIAL A
SIX
" Ammmw
-� am
c
%
ST' E Q*
INTERMIT
STREAM
"S
AT 'LA,
• WETt
FLAGS
T
11-4 F
W,
FLA
4�

%0WithersRavenel
NOOur People, Your Success.
TOWN OF CARY
BUFFER DETERMINATION LETTER

November 7, 2013
Troy Beasley
Withers and Ravenel
1410 Commonwealth Drive, Unit 101
Wilmington, NC 28403
Subject: Jordan Lake Watershed - Urban Transition Buffer Rules
Lewter Property
7712, 0 Carpenter Fire Station Rd, & 0 Green Level Church Rd
Real ID: 0099982, 0078272, 0368308
TCRB 13-013
Dear Mr. Beasley:
ENGINEERING DEPARTMENT
The site location map and other information that was provided, allowed a determination to be made as
to whether or not the referenced site would require compliance with The Town of Cary Urban Transition
Buffer (UTB) Rules. This project, as referenced by the Town of Cary as TCRB 13-013, includes
features as depicted on the attached maps. The table below summarizes the stream determinations
made in a site visit on October 29, 2013. This determination is valid until October 29, 2018.
Reference ID
USGS Ma 100 Ft. Buffer
Soil Survey Ma 50 Ft. Buffer
Not Sub ect
A
4 drainedponds)
x
B
X
C
Morris Branch
x*
*Feature subjectivity not contested.
Sincerely,
Jan Patterson
Town of Cary Engineering Department
TOWN O CARY
318 North Academy Street *Cary, NC 27513a PO Box 8005•Cary, NC 27512-8005
tel [phone] • fax [phone]• www.townofcary.org

WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
Buffer Determination Request Information
Lewter Property - ±21.5 acres
Property Owner/Applicant — Peggy & Grover Lewter
3525 Davis Drive
Cary, NC 27519
Written Authorization — See attached Agent Authorization Form
PIN —0725856677;0725846945;0725844460
Physical Address — 7712 Carpenter Fire Station Road
Drainage Basin — Cape Fear/Jordan Lake - 03030002
Receiving Waters — Morris Branch
Stream Index -16-41-1-17-3-2
Surface Water Classification— WS-IV;NSW
Decide rg ees — 35.823914°N; -78.903270°W
USGS Quad Map — Green Level
Soils Map — Wake Co. Soil Survey — Sheet 45
Total Area — ±21.5 acres
1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: [phone] fax:[phone]
www.withersravenet.com

WITHERS &RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Peggy & Grover Lewter (Client) does hereby appoint Troy Beasley /
Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a)
review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands,
surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Lewter Property (PIN 0725856677;
07258469451, in Cary. Wake County
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel. Inc.
1410 Commonwealth Drive, Suite 101
Wilmington, -NC 28403
Tel. [phone]
Date: /O '.2,1 " /
Signature of Client:
Peggy Lewter
_4e I kf
Grover Lewter Ar,� ��z 5
3 S-%� s 0ad,w DA
Mailing Address
City I State Zip
Phone: GI /1 441 // Z2 --
Email: ri /f La 53
115 MacKenan Drive I Cary, NC 27511 1 tel.: [phone] j fax: [phone] www.withersmvenel.com I
License No. C-0832
1410 Commonwealth Drive I Suite 101 1 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G 1 Greensboro, NC 27409 1 tel: [phone] fax: [phone]

.. GRAPHIC SCALE
a iso ;uo
I
t inch = 300 ft.
M II I w
."',''
ol
°"FEATUtE C ,
OR R!
TUBE B
FEATURE A t`�
(4 I&NDS)
iiit
*.o
LEWTER PROPERTY WITHERS &— RAVENEL
USGS QUAD - GREEN LEVEL RNSINRRRS 1 •kANNRRS I SURVIVORS
.4ae;i � ,.��.�•r �,�a�tiC.UtCJu�n

0
WITHERS & RAVENEL
LEWTER PROPERTY
USGS QUAD - GREEN LEVEL INGININN7 1 PLANNER! I SURVIVOR:
WAKE('(A SlY N0killk ",WA

Below DraLma
NC'. DWO Stream Identification Form Version 4.11
Date:
Project/Site: LAW 4-0 -Prp
Latitude:
Evaluator: -re _ `
County: WG,
Longitude:
Total Points:S
Stream is at least intermittent 17.5-
termination (circle one)
Perennial
Other
Name:
p amara ntermittent
e.g. Quad
if > 19 or perennial if 2 30"
0 0.5 1
3
7-1
A. Geomorphology Subtotal =
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
0
3
2. Sinuosity of channel along thalweg
0
1
0 0.5 1
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
0.5
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
1
1
2
3
6. Depositional bars or benches
1.5
1
2
3
7. Recent alluvial deposits
0
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
Sketch:
1.5
10. Natural valley
00.5
1
1.5
11. Second or greater order channel
N-= 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. H drolo Subtotal = 4. S'
12. Presence of Baseflow
0 1 2
3
13. Iron oxidizing bacteria
2
3
14. Leaf litter
1.5 1 0.5
0
15. Sediment on plants or debris
0 .5 1
1.5
16. Organic debris lines or piles
0 0.5 1
1.5
17. Soil -based evidence of high water table?
No = 0 Yes = 3
0.5
C. Bioloov (Subtotal=
18. Fibrous roots in streambed
2
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance) 0
1
2
3
21. Aquatic Mollusks 0
1
2
3
22. Fish
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75;
OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual_
Notes:
Sketch:

1%WithersRavenet
Our People. Your Success.
PREVIOUSLY ISSUED NWP 39

U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW -2014-00337 County: Wake U.S.G.S. Quad: NC -GREEN LEVEL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Sembler Atlanta, Inc
Thomas Hareas
Address: 5590 Roswell Road, Suite 200
Atlanta GA 30342
Telephone Number: 404-847-1800
Size (acres) 21.5 Nearest Town C i
Nearest Waterway Morris Branch River Basin Haw
USGS HUC 03030002 Coordinates Latitude: 35.8244
Longitude: -78.9037
Location description: The proieet area is located on the northwest corner of the intersection of Carpenter Fire Station Road
and Green Level Church Road. PINs: 0725844460, 0725846945, and 0725856677.
Description of projects area and activity: This verification authorizes the placement of fill material in 0.15 acres of wetlands to
facilitate the construction of a grocery store.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Nationwide Permit Number: 39 Commercial and Institutional Developments
SEE A TTA CHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated October 6, 2015and the enclosed plan Sheet 1 dated September 28, 2015. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions ofthe nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements. For activities
occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning
work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David Shaeffer at 919-554-4884 X31 or David.L.Shaeffer(a)usace.armv.mil.
uv,er.r.e a w weuarnie, ui wtmn
Corps Regulatory Official: g Date: 1/5/2016
Expiration Date of Verification: 03/18/2017

SAW -2014-00337
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331). See preliminary jurisdictional determination form dated January 5, 2016.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: Based on information submitted by the applicant the project area appears to exhibit
criteria for waters of the U.S. as defined in 33 CFR 328.3 Reeulatory Guidance Letter 05-05, the Jurisdictional Determination
Form Instructional Guidebook Me Rananos Guidance} the 1987 Wetland Delineation Manual, and/or the Regional
Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the Iocal office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by not applicable..
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: � ?'� ,
I
David Shaeffer
Date of JD: 1/5/2016

SAW -2014-00337
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http•//regulatory_usacesurvey.com/.
Copy furnished:
Agent: Withers & Ravenel, Inc.
Troy Beasley
Address: 1410 Common Wealth Drive
Suite 101
Wilmington, NC, 28403
Telephone Number: 910-256-9277
Property Owner: Peggy & Grover Lewter
Address: 3525 Davis Drive
Cary, NC, 27519
Telephone Number: 919-467-1122

SAW -2014-00337
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this

• Action ID Number: SAW -2014-00337 County: Wake
Permittee: Sembler Atlanta, Inc
Thomas Hareas
Project Name: Lewter Property, Pegzy & Grover Lewter
Date Verification Issued: 1/5/2016
Project Manager: David Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David Shaeffer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

�—
t f AREA !
WETLAND IMPACT SQ FT ACRE
520 0.01
2 1,272 0.03
3 3,346 0.08
4 1,475 0.03
TOTAL 6,613 0.15
locT 07 015
IMPACT 2:1272 SQ Ff
I IMPACT 1: 520 SQ FT ULARY
FlEi.O O
'IMPACT 3,3346 SQ Fr
aaw 1
BUgAING 1
g as,asasF � /r
IMPACT 4:1475 SQ FT
4 SIF
NORTH
i���• J \+t„-4RRAPHIC S L
LEWTER PROPERTY RETAIL CENTERWITMERe (�((' RAVENEL
-- WETLAND IMPACT MAP n�._..''".... I.`•'"m`' _�,. I I
Tuwn od Can Wage Gou„ry___. Natth Canlm,:

%0WithersRavenel
40 Our People. Your Success.
PREVIOUSLY ISSUED 401 WQC

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 22, 2015
Peggy and Grover Lewter
3525 Davis Dr.
Cary, NC 27519
Donald R. van der Vaart
Secretary
DWR # 15-1052
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lewter Property Retail Center
Dear Mr. and Mrs. Lewter:
You have our approval for the impacts listed below for the purpose described in your
application dated October 6, 2015 and received by the Division of Water Resources (Division)
on October 7, 2015. These impacts are covered by the attached Water Quality General
Certification Number 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. (15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.01 (acres)
0 (acres)
Impact 1
Wetland
0.03 (acres)
0 (acres)
Impact 2
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portat.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Lewter Property Retail Center
DWR# 15-1052
401 APPROVAL
Page 2 of 4
Wetland 0.08 (acres) 0 (acres)
Impact 3
Wetland 0.03 (acres) 0 (acres)
Impact 4
2. Stormwater Mana-gement Plan (SMP) Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full-sized plan sheets, with proof of the Town of Cary's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification
occur. After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the Town of Cary. If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H.0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by

Lewter Property Retail Center
DWR# 15-1052
401 APPROVAL
Page 3 of 4
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
htti)://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R-DWR —401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604

Lewter Property Retail Center
DWR# 15-1052
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919-791-4251 or [e-mail] if you have any
questions or c
:Since ly,
nay
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Troy Beasley; Withers & Ravenel; 1410 Commonwealth Dr., Ste. 101; Wilmington,
NC 28403
Tom Hareas; Sembler Atlanta, Inc.; 5590 Roswell Rd., Ste. 200; Atlanta, GA 30342
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit

4%WithersRavenet
Our People. Your Success.
NCDMS MITIGATION PAYMENT RECEIPT &
MITIGATION RESPONSIBILITY TRANSFER FORM

Mitigation Services
ENVIRONMENTAL QUALITY
RECEIPT
July 3, 2017
Tom Hareas
Sembler Atlanta, Inc.
5590 Roswell Road Suite 200
Atlanta, GA 30342
Project: Lewter Property Retail Center
County: Wake
WQ permit #: 15-1052
COE#: 2014-00337
DMS#: 23981
Amount Paid: $17,818.25
Check Number: 194121
ROY COOPER
MICHAEL S RECi,AN
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for
the above- referenced project. This receipt serves as notification that your compensatory mitigation requirements
assigned to DMS associated with the authorized activity as specked below have been satisfied. You must also comply
with all other conditions of this certification and any other state, federal or local government permits or authorization
associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory
mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory
mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
River Basin
HUC
Stream Credits Wetland Credits
(linear feet) (acres)
Buffer I & II
(Sq. Ft.)
Cape Fear
Cold I Cool
Warm Riparian Non -Ripa— stal Marsh
rian
03030002
0 0
0 0.15 0 0
0
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be
submitted in accordance with the Division's refund policy. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
Si r ly,
1
u g; 4
e r`C J
Acting Director
cc: Tasha Alexander, USACE-Raleigh; Todd Tugwell, USACE-Raleigh
Troy Beasley, agent
State of North Carolina Environmental Quality I Mitigation Services
1652 Mail Service Center i Raleigh, NC 27699-1652 , 217 W. Jones Street, Suite 3000
919 707 8976 T

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Sembler Atlanta, Inc, Thomas Hareas
Project Name: Lewter Property Retail Center
Action ID: SAW -2014-00337
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. if more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation` 8-dlgit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold_ Rioarian Riverine Riparian Non Riverine J Non -Riparian T Coastal
0.15 - — - — --- --
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: $-digit HUC and Basin: 63030.002, Cape Fear River Basin
Stream Mitigation {credits) Wetland Mitigation (credits)
_ - --
Warm I Cool Cold I Riparian Riverine Riparian Non -Rive -'--
on Rrverine7 Non -Riparian Coastal
-- -
-- - --t--- ---
0 15
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation
requirements.
Mitigation Sponsor Name: l\J Cy m S
Name of Sponsor's Authorized Re resenlative: _ IC_(_
Signat re f Sponsdr's Author zed Representative
I V VJ LL L [A res
Date of Signature
Page 1 of 2 Form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is In receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the'North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. it is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: Compensatory miijUtion will be provided for the aigve reference rrolect throng the
purchase of the aoprooriate credits a5 lusted aboue from NCDMS. A letter from NCDMS dated October + 2015 confirrrtirik
that S Is willing and We to acceat the.aPplicants compensatory ensato I ' tl. n responsibility was in d h t
prreconstructlon notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. once
signed, the Sponsorshould provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation office, Attn: Todd Tugwell,11405 Falls
of Neuse Road, Wake Forest, NC27587 (email. [e-mail].m1l). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Shaeffer
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email:
Digitally signed by SHAEFFER.DAVIDIOGH t 2607SOM73
ou U!S& n=US. Government, ou=H.12 ou=057
•'�
Date -
at VSA, m=SHAEFFER41 _OS t3GH.1260756573
+ DatrZOT6.OT.OS T030Hi -OSbO'
USACE Project Manager Signature
January 5 2016
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at thttollribits. usace.armv.miI
Page 2 of 2
The Wlimington District is committed to providing the highest Level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at htto•//reAuratory usacesurvev.com/ to complete the survey online.

%0WithersRavenel
Our People. Your Success.
CUL-DE-SAC ALTERNATIVE EXHIBIT

I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
JOCKEY CLUB CIRCLE 11
I
I
I
I
I
PROPERTY
LINE
1
I
I
I
I
1
AMBERLY PLACE
315
CUL-DE-SAC ALTERNATIVE EXHIBIT
12+00
11
;Wither sRavenet
115 MacKenan Drive I Cary, NC 275111 t: 919.469.33401 license #: C-08321 www.withersravenel.com

%0WithersRavenel
NoOur People. Your Success.
MPACT EXHIBITS

y / i
100, PREVIOUSLY APPROVED IMPACTS PER SAW -2014-00337
� -�
AREA
4-- T T T —r-�-1—r- T \ WETLAND IMPACT SQ FT ACRE
1 520 0.01
2 1,272 0.03
f.. _ — — _3 3,346 0.08
4 1,475 0.03
Zr n
MTOTAL 6,613 0.15
APA
Iq fill
PROPOSED IMPACT
STREAM PERMANENT (LF) TEMPORARY (LF)
— — _ #2 441 Al 5 121 27
_ #5 .-
I1
#s TOTAL (LF) 148 I 1 . —
J# ' WET
1 '1 ® DETENTI N I I
r .
ff
WET �
1
III f
I
+„ c DETENTION/
"VI , I tA
II it
I I ►I � ' ,� I I '� 1 1 I 1
46
jaw b
s
�APHIC SC LEI
II \ iso o --i,
1 inch = 150 ft.
AMBERLY PLACE
-ary Wake Coun
\ f
OVERALL IMPACT MAP 10 WithersRavenel
Engineers I Planners I Surveyors
300 11

--- \\\ '1\\\\\\\\ • \ 1
I `{`• , '\\\i, \111 11111\ � \ 11 1 �/ ; ' � \
h1�11`\Ik
\\
\I 111 111, '1,11\\�, \ \,
' i 1111 I1 � \\\\ \\\ \\ .%/\t. • �
I I II11�1/�
I I I 1111
I II I I O _fes
1►
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
IAMBERLYlTown
PLACE II MAP A: IMPACT #5 ;OWithersRavenel
Engineers I Planners I Surveyors
of Cary North Carolina Date 06'01'17 115 MacKenan Drive I Cary, NC 27511 It: 919.469.3340 1 license 8: C-08321 www.withersravenel.com
JOCKEY CLUB CIRCLE / 4�
I 1 1 Vt
I I
,
\ \I
\ \I
\u
1
11 \
1 11
1 II
PROPERTY
LINE
1 I\\11 1
_ — — — — — — — — —
� I
1
I I 1
I I I I
I
I I I I \
1' \'
1 1 \ 1
1►
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
IAMBERLYlTown
PLACE II MAP A: IMPACT #5 ;OWithersRavenel
Engineers I Planners I Surveyors
of Cary North Carolina Date 06'01'17 115 MacKenan Drive I Cary, NC 27511 It: 919.469.3340 1 license 8: C-08321 www.withersravenel.com