20160830 Ver 2_401 Application_20171017

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Tasha Alexander
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re -submittal - - October 12, 2017
S&EC Project # 10122.W2
N.C. Division of Water Resources
401 & Buffer Permitting Unit
Attn: Karen Higgins / Stephanie Goss (RRO)
Archdale Building — 9`" Floor
512 North Salisbury Street,
Raleigh, NC 27604
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
Re: LEESVILLE ROAD MARKETPLACE, Raleigh, NC
DWR # 16-0830 / NBRRO # 17-345 / SAW -2011-02039
On behalf of the owners, Halpern Enterprises, Inc., please find attached a complete application and supplemental
information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of
Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 39 and General
Water Quality Certification 3890. Please contact me at [phone] if you have any questions or require additional
information.
NOTE: This application was initially submitted in August 2016, placed on hold and eventually returned by DWR,
while waiting on a resolution of the "Leesville Road Teacherage" historic home. The property ownership has since
changed and the proposed stream impacts have been further minimized. The 2008 buffer determination has since
expired and was renewed on October 11, 2017. We have attached a new DWR permit application fee as well. The
developer has entered into an MOA with SHPO, USA CE and RHDC (Raleigh Historic Development Commission).
PROJECT SUMMARY
Project Name
Leesville Road Marketplace
Project Type
Commercial Development
Owner / Applicant
Halpern Enterprises, Inc.
County
Wake
Nearest Town
Raleigh
Waterbody Name
Sycamore Creek
Index Number
27-33-9
Class
B;NSW
USGS Cataloging Unit
Neuse 03020201
IMPACT SUMMARY
Stream Impact (acres):
0.02 ac
Wetland Impact (acres):
0
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.02
Total Stream Impact (linear feet):
264
Attachments: Complete PCN & Supplemental Information
DWR Permit Application Fee

DaFWATScq
� 1
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑Q Section 404 Permit ❑ Section 14 Permit
1b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?3{❑
Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Nan -444 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes Z 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.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
LEESVILLE ROAD MARKET PLACE
2b.
County:
Wake
2c.
Nearest municipality 1 town:
Raleigh
2d.
Subdivision name:
NIA
2e.
NCDOT only, T.I.P. or state project no:
NIA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Halpern Enterprises, Inc.
3b.
Deed Book and Page No.
016523101101 & 016537100425
3c.
Responsible Party (for LLC if
applicable):
William D. Brown, Jr.
3d.
Street address:
5200 Roswell Road, N.E.
3e.
City, state, zip:
Atlanta, GA 30342
3f.
Telephone no.:
770-451-0318
3g.
Fax no.:
770-986-0340
3h.
Email address:
j [e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

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:
Bob Zarzecki
5b.
Business name
(if applicable):
Soil & Environmental Consultants PA.
5c.
Street address:
8412 Falls of Neuse Road, Suite 104
5d.
City, state, zip:
Raleigh, NC, 27615
5e.
Telephone no.:
(919)-846-5900
5f.
Fax no..
[phone]
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): 0788047444, 0788048627, 07881748872, 0788045738
1b.
Site coordinates (in decimal degrees):
Latitude: 35.906 Longitude: -78.727
1 c.
Property size:
8.13 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Sycamore Creek
2b.
Water Quality Classification of nearest receiving water:
B;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:
The property is wooded, vacant and has a historic site within the parcel boundary known as the Leesville School Teacherage.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 400
3d. Explain the purpose of the proposed project:
To develop the properties as a retail shopping center.
3e. Describe the overall project in detail, including the type of equipment to be used:
A retail grocery store (anchor store) and adjacent retail stores, parking, stormwater management, etc. Heavy equipment typical for such development.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property 1
project (includingall prior phases)in the past?
0 Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ preliminary 0 Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Jamie Shern, Lauren Witherspoon & Bob Zarzecki
Agency/Consultant Company: USAGE i DWR i s&EC
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW -2011-02-02039 (attached), NBRRO # 07-210 (attached), renewed on October 11, 2017 (NBRRO # 17-345)
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
0 Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A permit application was applied for in August 2016 and retumed waiting on a resolution on the "Leesville Road Teachera ge" historic home.
6.
Future Project Plans
6a.
is this a phased project?
❑ Yes 0 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):
❑ Wetlands 0 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
QWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
YeslNo
-
W2 -
Choose one
Choose one
YeslNo
-
W3
Choose one
Choose one
YeslNo
-
W4
Choose one
Choose one
YeslNo
-
W5
Choose one
Choose one
YeslNo
-
W6
Choose one
Choose one
YeslNo
-
2g. Total Wetland Impacts:
0
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
Fill
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
UT to Crabtree Creek
INT
Corps
3
264
S2 -
Choose one
-
-
S3 -
Choose one
S4 -
Choose one
-
S5 -
Choose one
-
S6 -
Choose one
-
3h. Total stream and tributary impacts
264
3i. Comments:
NOTE - This stream was determined to be ephemeral by the N.C. DWR on this site {north of Leesville Road}. It was also determined to be a "Non -
relatively permanent water" (NRPW) by the USACE. Updated data forms and photos are provided in addition to the ❑WR & USACE verifications.
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 indivi ually 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
02 -
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?
0 Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
fib.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
fid.
Stream name
fie.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
YestNQ
B3
YeslNo
B4 -
YeslNo
B5 -
YeslNo
B6 -
YeslNo
6h. Total Buffer Impacts:
0
0
6i. Comments: NOTE - This stream was determined to be ephemeral by the N.C. DWR on this site (north of Leesville Road) and as such no stream
buffers exist (NBRRO#07-210 attached), renewed on October 11, 2017.
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project plans initially proposed to impact the entire +1- 400 feet of tributary on property. The project engineer redesigned plans to minimize
impacts as much as possible, down to only 270 feet. The project engineer redesigned again in 2017 to reduce the impacts to 264 feet.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will obtain an erosion control permit from the City of Raleigh and include devices to protect downstream waters during the construction of
the development. A past -construction stormwater management plan will also be approved by the City far the project to treat any stormwater runoff from
the site and protect downstream waters post -development -
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?
❑ Yes 0 No
2b.
if yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
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 ?C No
buffer mitigation?
fib.
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.
Zane
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).
6h.
Comments:
Page 7 of 10

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 ❑X No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow pian included? If no, explain why.
There are no stream buffers within the development. All water will be treated by a City of Raleigh
form leaving the buffer
❑ Yes ❑ No
approved
stormwater management plan prior site or entering any areas.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
65%
2b.
Does this project require a Stormwater Management Plan?
❑X 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:
A stormwater management plan is required by the City of Raleigh. The attached stormwater narrative from
the project engineer provides a conceptual
description
of the plan proposed. A copy of the approved SNIP can be provided to DWR prior to impacts.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Raleigh
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is thisproject?
City of Raleigh
❑X Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑?C NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes 0 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 2406-246
❑ Other.
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWO Requirement)
1a.
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 (NEPAISEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
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,
E] Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
E] 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
El 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.
The project is essentially an in -fill development of a vacant property that is proposed to be developed similar to the surrounding properties (e.g.,
adjacent Walgreens, retail shopping center across Strickland Road, etc.). No cumulative impacts are anticipated. If any unexpected cumulative
developments were to occur, the existing City, County, State and Federal regulations (riparian buffers, stormwater management, etc.) would help to
ensure the protection of downstream water quality be maintained.
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.
City
of Raleigh sanitary sewer system. The City and State will ensure that adequate capacity exists.
Page 9 of 10
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 Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
© Yes ❑ 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?
NHP & FWS databases. Wake County is identified in the buffer zone for the Northern Long -Eared Bat (NLEB), but there are no known hibernaculum or
roosting sites in the County and any clearing of vegetation would occur after the pup season. So no impact is anticipated to occur.
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?
NCAA EFH Mapper - The project is located within the piedmont of NC far away from any identified EFH areas.
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
x❑ 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?
The "Leesville School Teach erage", a.k.a. "Leesville Road Teacherage", (HPC Site ID. WA1345) exists c the property. The developerlowner has
entered into an MDA with SHPD, RHDC (Raleigh Historic Development Commission) & USAGE -
8. Flood Zone Designation (Corps Requirement)
8a. Wi1I this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Digitally signed by Bob Zarzecki
Bob Z a rze e k i DN WetBob Zarzecki, ent, , PA,
omail=bandsDe@artmec.c
S&EC, PA
Bob Zarzecki
email=bzarzecki@sandeccom, c=US
Date: 2017.10.121356:13-04'00'
Updated 10/12/2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from th e ap p Iicant is p rovided.
Page 10 of 10

Environmental Consultants'.
'44 1I'06i,I '�lusc Rand, Sufic 104.166gh, 1;f; 27611 • I(9N) 84(C 3900
,an d ei� own
PROPERTY OWNER CERTIFICATION 1 AGENT AUTHORIZATION
Project Name/Description: LEESVILLE ROAD MARKET PLACE S&EC Project #10I22.W2
Date: 2016
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Tasha Alexander
Field office: USACE Raleigh Re ilatory Field Office
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
off=icials to enter the property when accompanied by S&EC staff. You should tail S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION -
Parcel Index Number(s) (PIN): 078804573$ 0788047444 0788048527 & 0788448872
Site Address: 9501 Leesville Road Ratei Wake Co. NC
Watershed: S camore Creek Bi Lake).27-33-9_"R-NSW' Neu e 43020201
PROPERTY OWNER INFORMATION:
Name: Halpem Enterprises, Inc.
Address: 5200 Roswell Road, N -E, Atlanta, GA 30342
Phone No.: [phone] Fax No.: [phone] Mobile No.; [phone]
Email: [e-mail]
halpernent.com
William D. Brown—Jr-
Property
rownJr,Property Owner ..(jilea7),rint
A�, F
Property Owner
11.4. J �
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Wa ter Resources
tL"VK?PNMEt*IAL QUA G I I V
August 8, 2017
CERTIFIED MAIL: 7008 1300 00001124 4498
RETURN RECEIPT REQUESTED
Mason Street, LLC
ATTN: George A. Bee
115 South Mason Street
Apex, NC 27502-1916
Subject: RETURN OF APPLICATION
Leesville Road Market Place
Dear Mr. Bee:
ROY COOPER
MICIgAEL S. REGAN
.Yco' lad'ti-
S. JAY ZIMMERMAN
DWR #i 16-0830
Wake County
On August 24, 2016, the Division of Water Resources (Division) received your application dated August
23, 2016, requesting a 401 Certification from the Division for the subject project. On October 4, 2016,
the Division placed the project on hold to allow sufficient time for SHPO review. We understand from
email correspondence that a MOA is being developed between the developer, SHPO and RHDC,
however this office has not received any documentation that the SHPO review is complete.
Pursuant to Title 15A NCAC 02H .0507(e), the Division is unable to approve your application. For the
reasons listed above, your application is hereby returned. Once you have addressed the problems
and/or inadequacies with your application as it was submitted, you will need to reapply to the Division
for approval including a complete application package and the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact me at [e-mail]_v if you have any questions or concerns.
Sincerely,
t
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Bob Zarzecki, Soil & Environmental Consultants PA (via email)
Tasha Alexander, USACE (via email)
Todd Bowers, EPA (via email)
DWR BIRO 401 file
j� Filename; 160830LeesvilleRoadMarketplace(Wake)_401_Return
State of North Carolina I Fnvironmental Quality I Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919807 6300

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
October 6, 2016
Tasha Alexander
US Army Corps of Engineers -Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary Kevin Cherry
Tasha.L.Alexandergusace.army.mil
Re: Leesville Road Market Place Commercial Development, Old Leesville Road, Raleigh,
Wake County, ER 16-1664
Dear Ms. Alexander:
Thank you for your email of September 12, 2016, concerning the above -referenced undertaking. We have reviewed
the materials submitted and offer the following comments.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the area, it is
unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic
Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted
in connection with this project.
The Leesville School Teacherage (WA 1345) is eligible for listing in the National Register of Historic Places. Thus,
the proposed removal or demolition of the property due to the proposed action will result in an adverse effect and
require further consultation pursuant to Section 106 of the National Historic Preservation Act. Please contact our
office to initiate consultation.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact
Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or [e-mail]. In
all future communication concerning this project, please cite the above referenced tracking number.
Sincerely,
1 ,Ramona M. Bartos
cc: Gary Roth, oth e,capTresinc.org
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 11, 2017
Tasha Alexander
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers -Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
RE: Leesville Market Place Development, Raleigh, Wake County, ER 16-1664
Dear Ms. Alexander:
Office of Archives and History
Deputy Secretary Kevin Cherry
Enclosed please find the Memorandum of Agreement for the above -referenced undertaking that will
adversely affect the Leesville Road Teacherage, a property determined eligible for listing in the National
Register of Historic Places. Dr. Kevin Cherry, State Historic Preservation Officer, has signed the
agreement, which we provide it to you for execution and filing with the Advisory Council on Historic
Preservation. It is our understanding that the concurring parties will provide their signatures shortly. Once a
fully executed agreement is available from the Advisory Council, we would appreciate receiving a copy.
While we regret the adverse effect to the historic property, we very much appreciate the efforts of the
developer to identify an alternative to the loss of the property and of the other parties to move the project
forward. We will look forward to receipt of the photographic documentation.
If you have any comments concerning this matter, please contact me at 919-807-6579 or renee.gledhill-
[e-mail].
Sincerely,
Renee Gledhill -Earley
Environmental Review Coordinator
Enclosure: signed MOA
cc: Mikael Kaney
Tania Tully
Cathleen Turner
Ellen Turco
michael k@mikaingmtsolns. co m
Tania.Tull @raleighnc.gov
ctilrller rnr�rp esnc.org
[e-mail]
Location 109 Last Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

MEMORANDUM OF AGREEMENT
BETWEEN THE
UNITED STATES ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
LEESVILLE ROAD MARKET PLACE DEVELOMENT, RALEIGH, NC
WAKE COUNTY
WHEREAS, the United States Army Corps of Engineers, Wilmington District (USACE) is
considering the issuance of a permit for the construction of the Leesville Road Market Place (the
Undertaking), pursuant to Section 404 of the Clean Water Act (33 U.S,C. § 1344); and
WHEREAS, the Leesville Road Teacherage, a property determined eligible for listing in the
National Register of Historic Places (the Historic Property) and located on the project site is to
be relocated to facilitate the Undertaking; and
WHEREAS, the USACE has determined that the Undertaking will have an adverse effect on the
Historic Property and has consulted with the North Carolina State Historic Preservation Officer
(SHPO) pursuant to 36 C.F.R. § 800, of the regulations implementing Section 106 of the
National Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, the USACE has invited Halpern Enterprises, Inc. (the Developer), represented by
William Brown, and the Raleigh Historic Development Commission (RHDC) to sign this
Memorandum of Agreement (MOA) as concurring parties; and
WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), the USACE has notified the Advisory
Council on Historic Preservation (ACHP) of its adverse effect determination with specified
documentation and the ACHP has chosen not to participate in the consultation pursuant to 36
CFR § 800.6(a)(1)(iii); and
WHEREAS, members of the general public and other interested parties were afforded an
opportunity to participate in and comment on the proposed Undertaking in accordance with 36
C.F.R. § 800.2(d) and 36 C.F.R. §800.3(e); and
WHEREAS, the SHPO has confirmed that there are no Native American Tribes that ascribe
cultural significance to lands in Wake County, North Carolina;
NOW, THEREFORE, the USACE and SHPO agree that any permit issued by the USACE for
the Undertaking shall include the following stipulations in order to take into account the effect of
the Undertaking on the Historic Property.

STIPULATIONS
I. Recordation
A. Prior to the relocation of the Historic Property, the Developer shall fully document in
accordance with Appendix A and record the existing condition of the Leesville Road
Teacherage and its surroundings in accordance with the attached Historic Structures
and Landscape Recordation Plan [Appendix A].
B. The draft results of the recordation will be provided to the SHPO within thirty (30)
days of execution of this MOA by all parties. The SHPO will have fifteen (15) days
from date of receipt to review the submitted recordation and offer comments. If the
SHPO does not respond within the fifteen (15) days, the recordation shall be
considered acceptable.
II. Relocation and Security
A. The Developer shall relocate the two-story section of the Historic Property to a new
site, and will reassemble and reconstruct the Historic Property consistent with its
existing condition, which work shall occur by March 31, 2018. Prior to relocation,
the internal chimneys will be demolished. The bricks are to be palletized and moved
with the house, for use at the new Owner's discretion. Internal chimneys are not
required to be re -installed consistent with their current construction. The roof may
either be replaced or patched where the chimneys are removed, accordingly. Efforts
will be made to keep the historic building near the historic Leesville community.
B. At the new site, the Historic Property will be oriented with its front fagade facing the
road to mimic its orientation at its historical location.
C. The Developer will construct a new foundation and secure the historic property to it,
and make the Historic Property weatherproof. The Developer will repair or replace
in-kind any siding removed for the relocation. The windows will be reinstalled if
removed for relocation, as well as will be repaired or replaced if damaged during
relocation.
D. The Developer shall be responsible for reasonably ensuring that the Historic
Property is reasonably secured and protected during the period it is unoccupied on its
current site, and/or until it is transferred to the ownership of another party by
contractual agreement. If the Developer does not complete the reconstruction of the
Historic Property consistent with its existing condition prior to the transfer of
ownership, the Developer shall be responsible for ensuring and enforcing that any
such contractual agreement includes a requirement that the Historic Property be
reconstructed, to a minimum, consistent with its existing condition.
III. Study List Application
Following the move of the Teacherage to its new location, the Developer shall engage the
services of a qualified Architectural Historian to prepare and submit a State Study List
application to the SHPO within 24 months of the relocation.
IV. Dispute Resolution
W

Should the North Carolina SHPO or any other party to this Agreement object within (30)
days to any plans or documentation provided for review pursuant to this Agreement,
USACE shall consult with the North Carolina SHPO to resolve the objection. If USACE
or the North Carolina SHPO determines that the objection cannot be resolved, USACE
will forward all documentation relevant to the dispute to the ACHP. Within thirty (30)
days after receipt of all pertinent documentation, the ACHP will either:
A. Provide USACE with recommendations which USACE will take into account in
reaching a final decision regarding the dispute, or
B. Notify USACE that it will comment pursuant to 36 CFR Section 800.7(c) and
proceed to comment. Any ACHP comment provided in response to such a request will be
taken into account by USACE in accordance with 36 CFR Section 800.7 (c) (4) with
reference to the subject of the dispute.
Any recommendation or comment provided by the ACHP will be understood to pertain
only to the subject of the dispute; USACE's responsibility to carry out all the actions
under this Agreement that are not the subject of the dispute will remain unchanged.
V. Duration
This MOA shall be in effect and have the same duration as the USACE's permit duration
of five years from the date of issuance of said permit.
VI. Amendments
This MOA may be amended when such an amendment is agreed to in writing by all
signatories. The amendment will be effective on the date a copy signed by all of the
signatories is filed with the ACHP.
VII. Termination
If any signatory to this MOA determines that its terms will not or cannot be carried out,
that party shall immediately consult with the other parties to attempt to develop an
amendment per Stipulation VI, above. If within thirty (30) days an amendment cannot be
reached, any signatory may terminate the MOA upon written notification to the other
signatories.
Once the MOA is terminated, and prior to work continuing on the Undertaking, the
USACE must either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take
into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The
USACE shall notify the signatories as to the course of action it will pursue.
Execution of this MOA by the USACE and SHPO and implementation of its terms evidence that
the USACE has taken into account the effect of this Undertaking on the Historic Property and
afforded the ACHP an opportunity to comment.

A GR F.F,i)
Commander U. S. Army Corps of Engineers, Wilmington District
Colonel Robert J. Clark
AGREED:
North Carolina State Historic Preservation Officer
Kevin Cherry, Ph. D.
5
Date
Date

CONCUR:
Halpern Enterprises, Inc.
Date
William Brown, President

CONCUR:
Raleigh Historic Development Commission
Date
Don Davis, Chair

FILED BY ADVISORY COUNCIL ON HISTORIC PRESERVATION
Date
Council Staff

Appendix A
Historic Structures and Landscape Recordation Plan
For
Leesville Road Teacherage
Raleigh, North Carolina
I. Historical Background: A brief historical and physical narrative/description of the Teacherage
should be prepared to include the following:
■ Date of construction
■ Architect/builder, if known
■ Owners and uses of the Teacherage since construction
■ Size and sketch plan of Teacherage
■ Materials and any significant architectural details or elements
II. Photographic Requirements: Photographic views of the Teacherage and setting, including:
■ Overall views
■ Each visible elevation of the Teacherage
■ Details of construction or design including exterior and interior architecturally significant
elements
■ Streetscapes showing the relationship of the Teacherage to the street and adjoining properties, if
possible
■ Sketch site plan keyed to photographs listed above
III. Format: Digital
Digital Images on CD, (must be accompanied with prints of each imams
■ Use at least a 6-megapixel camera
■ Maybe jpeg format
■ Must be at least 3000 pixels x 2000 pixels (450 ppi for a 6.5" x 4.5")
■ Label files as follows: County Name, Property Name, Describe View/ Image, Photographer
Name, Photo Date, Photo Number jpg.
IV. Copies and Curation:
One (1) CD and 1 set of labeled photos will be deposited with the North Carolina State
Historic Preservation Office to be made a permanent part of the statewide survey and
iconographic collection
All digital images and photographs to be labeled according to Division of Archives and
History standards.
9

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2011-02039 County: Wake U.S.G.S. Quad: NC-BAYLEAF
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Mason Street LLC A ent: Soil & Environmental Consultants, PA
Junius Dillard Bob Zarzecki
Address: 9608 Old Leesville Rd Address: 11010 Raven Ridge Road
Raleigh, NC, 27613
Property description:
Raleigh, NC, 27614
Size (acres) 3.10 (Mason Street) and 3.91 (Dillard) Nearest Town Raleigh
Nearest Waterway UT to Sycamore Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.906 Longitude: -78.727
Location description: 9605 Old Leesville Rd and 9701 Leesville Rd
Raleigh, NC 27613
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property 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.
X There are waters of the U.S. on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. on your project area have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by
the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on _. 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.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact James Shern at 919-554-4884 x31
/James.F.ShernAusace.armv.mil.
C. Basis For Determination
Presence of an Ordinary High Water Mark.
D. Remarks
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 local 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. 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 10M15
Atlanta, Georgia 30303-8801
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
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
�orps Regulatory Official:
ESi nedb SHERN.JAMES.F.1286971730 //�f //�f
SHERN.JA
Date: 11/21/11 Expiration Date: 11/21/16

F-
Ep
' = r
7
,w.4f j
4
F
Dillard Stormwater
0 50 100 200 Feet
WADE
COUNTY

USACE AIDC! DWQ d Site it (indicate on attached map)
M
STREAM QUALITY ASSESSMENT WORKSHEET
Provide the following information for the stream reach under assessment:
I. Applicant's name: k4f kQer.. Q e vokpt, µcr-t- 2. Evaluator's name: S .'Ze.�t.ectC� (%O IZ z)
3. Date of evaluation: 4. Time of evaluation: ^ii:00a i n
i. Name of stream: T is SYS IAWft CiFec C 6. River basin: IN f -USC
7. Approximate drainage area: &([s S. Stream order. IST
9. length of reach evaluated: �f — SOO F -r. 10. County: Wq Kt,
11. Site coordinates (if known):r� prefer in decimal degrees. 12. Subdivision name (if any): /y/14
/` _
t.atitudcOx 34.872312): 3S.906TU Longitude (ex -In 536611): f70p,72-7DSb
Method location determined (circle): GPS Topo Sheet Aerial Photo/G1 Other GIS Other
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
New tit i te,mck at of Lersu+tle RI a^% � 1fitk 'J k1 -- IS01 Leesv,14 RJ
14. Proposed channel work (if any): P .PN -%-
15.
PN -y1S. Recent weather conditions: NOf Mn 1
16. Site conditions at time of visit: UV1 h!� ru rr,, k,..! I S �) Cl z a-
17. Identify any special waterway classifications known: _Section 10 !Tidal Waters _Essential Fisheries Habitat
-,Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I-IV)
I& Is there a pond or lake located upstream of the evaluation point? YES 0 If yes, estimate the water surface area:
19. Does channel appear on USGS quad map? YES 0 20. Does channel appear on USDA Soil Survey? & NO
21. Estimated watershed land use: 2O % Residential _% Commercial % industrial �% Agricultural
90 % Forested _% Cleared / Logged % Other
22. Bankfull width: 5 f f 23. Bank height (from bed to top of bank): f+
24. Channel slope down center of stream: _Flat (0 to 2%) -LGentle (2 to 4%) _Moderate (4 to 10%) _Steep (> 10%)
25. Channel sinuosity: Straight J Occasional bends _Frequent meander _Very sinuous _Braided channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation. stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g.. the stream flows from a pasture
into a forest). the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.
Total Score (from re,.erse): 32 Comments:
Evaluator's SignatureDate &211
z
This channel evaluation fdrnt Gend to b sed only as a guide to assist landowners and environmental professionals in
gathering the data required -Sy the United States Army Corps of Engineers to make a preliminary assessment or stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
Particular mitigation ratio or requirement. Fomr subject to change - version 06103. To Comment. please call 919-876-8441 x 26.

STREAM QUALITY ASSESSMENT WORKSHEET
' These characteristics are not assessed in coastal streams.
#
CHARACTERISTICS
ECOREGION POINT
RANGE
SCORE
Coastal
Piedmont
Mountain
Presence of flow / persistent pools in stream
1
no flow or saturation = 0; strop flow = maxpoints)0-5
0 - 4
0-5
2extensive
Evidence of past human alteration
0-5
0 - S
alteration = 0; no alteration = maxpoints)0-6
3
Riparian zone
0-6
0-4
0-5
z
no buffer = 0• contiguous. wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0 - 5
0-4
0-4
extensive discha es = 0; no discharges =maxpoints)
,.�
Groundwater discharge
0-3
0-4
0-4
U5
no discha e = 0• springs. sees wetlands etc. = maxpoints)
Presence of adjacent floodplain
�.
6
(no floodplain = 0; extensive floodplain = maxpoints)0-4
0 - 4
0-2
a7
Entrenchment / floodplain access
(deeply entrenched = 0; frequent floodin = max points)
p_ 5
0- 4
0- 2
Aar
8
Presence of adjacent wetlands
0-6
0-4
0- 2
no wetlands = 0• I c adjacent wetlands = maxpoints)
9
Channel sinuosity
0-5
0-4
0-3
extensive channelization = 0; natural meander = maxpoints)
10
Sediment input
0-5
0-4
0-4
z
extensive deposition= 0• little or no sediment = max ints
Size & diversity of channel bed substrate
I I
fine, homogenous = 0; la e. diverse sizes = max ints
NA'
0-4
0-5
12
Evidence of channel incision or widening
y.
(deeply incised = 0. stable bed & banks = maxpoints)
0 - 5
0-4
0-5
Z
13
Presence of major bank failures
0-5
0-5
0-5
3
severe erosion = 0; no erosion, stable banks = maxpoints)
14
Root depth and density on banks
' 3
0 - 4
0 - 5
F
no visible roots = 0' dense roots throughout = max points)0
15
Impact by agriculture, livestock, or timber production
0-5
0 4
0 5
substantial impact -0; no evidence = max points)
-
-
16
Presence of riffle-pool/ripple-pool complexes
no riffles/Tipples or pools = 0; well-developed = maxpoints)
0-3
0-5
0-6
a
F,
I�
Habitat complexity
0-6
0-6
0-6
(little or no habitat = 0frequent, varied habitats = maxpoints)
4�
Q
1 11
Canopy coverage over streambed
0-5
0-5
0-5
(no shading vegetation = 0; continuous canopy = maxpoints)
19
Substrate embeddedness
0-4
0 - 4
r
(deeply embedded = 0; loose structure = max)NA+
I
20
Presence of stream invertebrates (see page 4)
0-4
0-5
0-5
no evidence = 0; common. numerous bWs = maxpoints)
(�
21
Presence of amphibians
0-4
0-4
0-4
I
O
no evidence = 0• common numerous types = maxpoints)
J
G
22
Presence of fish
0-4
0-4
0-4
rn
no evidence = 0; common, numerous tyM= maxpoints)
23
Evidence of wildlife use
0-6
0 - S
0-5
Z
no evidence = 0; abundant evidence = max ints
Total Points Possible
100
l00
100
TOTAL SCORE (also enter on first page)
Z
' These characteristics are not assessed in coastal streams.

NC DVVO Stream Identification Form Version 4.11
Date: 2 /� Project6 te: `,ee%q '- lte 10122 Latitude: 3S. I 'PC 73C
Evaluator. s'F [, - Q. 2&^eeL% County: N4*kt Longitude: -7t % 27%
Total Points:rrrtinat;on (circle ones tither 8�.A1 rad PA
Stream is of (east entamu,ItferN I � Ehemeral ntermittent Perennial e.g. QwdMaw:
A. Geomomholoov (Subtotal= 9S ) I Absent I Weak I Modamte U Strong
1` Continuity of channel bed and bank
0
1
13. Iron oxidtzmg bacteria
3
2. Sinuosity of channel aloN thalweg
0
1.5
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
hppktMl sequence
0
16. Organic debris fines or piles
2
3
4. Particle sae of stream substrate
0
1
2
3
5. Activelrelict floodplain
CD
1
2
3
6 Depositional bars or benches
0
0.
2
3
7 Reoent alluvial deposits
0
1
2
3
8 Headcuts
0
1
2
3
9 Grade control
0
0.5
1
1 5
14 Natural valley
0
0 5
1
1 5
11 Second or greater order channel
No
Yes = 3
artificial ditches are not rated see 0SCUs�f °�6In manual
R Hvrirnlnav (Subtotal = �l 1
12. Presence of Baseflow
0
2 3
13. Iron oxidtzmg bacteria
1
2 3
14. Leaf later
1.5
0-5 0
15 Sediment on plants or debris
0 0.5
1 1.5
16. Organic debris fines or piles
0 0.5
15
17 Soil -based evidence of high water table?No
0
Yes = 3
r Riolonv (Rithtetal = 3.S 1
18. Fibrous roots in streambed
3
2
t
0
19. hooted upland plants in strearnbed
3
2
0
20. MaClobeilhoS (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0.5
1
1.5
23. Crayfish
0
0.
1
1.5
24_ Amphibians
0
Q0 .
1
1.5
25. Algae
0
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 mettiods See p 35 of manual
Notes:
Sketch:
Seler
dr
S;Ic
r✓ i�I4Ct.�t�� Y`'z
4`lsYr I'
C
11

' + . � �I` .. ,� }�y �.� • a. 4 Y }' ';'�t it
13
.46
f' : �."V.1 ,* . f 4 � ...4 >ti ' - ' . � t *, . r% may •' • ` Y -
10
�Iel
Y }+�fV.
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Alphin Real Estate
Attn: Jack Alphin
400 Oberlin Road, Suite 320
Raleigh, NC 27605
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 20, 2007
Neuse River X Tar -Pamlico
(15A NCAC 2B.0233) (15A NCAC 2B.0259)
Coleen Sullins, Director
Division of Water Quality
NBRRO#07-210
Wake County
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: 9601/9605 Old Leesville Road
Location/Directions: located south of Strickland Road between Old Leesville Road and Leesville Road
Subject Stream UT to Sycamore Creek
Date of Determination: 9/19/07
Feature(s)
Not
Subject
Subject
Start @
Stop@
Stream
Form Pts.
Soil Survey
USGS
Topo
A
X
I Flag A
IX
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subjecf' has been determined not to be a stream or is not present on the property and is not subject to the
buffer rules. Features that are checked "Subject" have been located on the property and possess characteristics that
qualify it to be a stream and are subject to the buffer rules. There may be other streams located on your property
that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US
Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60 -day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.ennstate.mus 1628 Mail Service Center Raleigh, NC 27699-1628
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]
onr
NthCarolim
All`ural/if

9601/9605 Old Leesville Road
Wake County
9/20/07
Page 2 of 2
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Resesp%e�ctfully,
Lauren C. Witherspoon
Environmentil-Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
Ben Brown, City of Raleigh, P.O. Box 590, Raleigh, NC 27602
onit
NhCarolina
Altllr-1141
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
lntemet h2o.enrstatemc.us 1628 Mail Service Center Raleigh, NC 27699-1628' FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

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5/25/16

'J McADAMS
September 23, 2016
Ms. Tasha Alexander
Regulatory Specialist
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: Leesville Road Market Place
Raleigh, North Carolina
HPD -16000
Dear Ms. Alexander:
We are the civil engineers, planners and surveyors working on the site plan
drawing set for the Leesville Road Market Place project located at Leesville
Road in Raleigh. We incorporated the City of Raleigh Unified Development
Ordinance (UDO) required parking, setbacks, landscape buffers, frontages,
topographical constraints, tree conservation, stormwater management, and
zoning conditions into the site plan. All of these parameters caused the
developable area to be reduced to a point where we need to impact the stream
to make the site work.
An explanation of the impact due to some of the key design parameters is as
follows:
• Zoning condition #8 requires a 10 foot wide sidewalk with 20 foot cross
access easement to connect from Leesville Road to the shared access
drive with the development to the north. A typical City sidewalk is 6
feet wide, but the zoning condition specifically required the wider
sidewalk. The additional width caused the loss of parking spaces.
• The UDO requires no more than 10 parking spaces in a row before an 8
foot wide landscape island is integrated into the parking lot. This UDO
requirement caused the footprint of the parking lot to increase.
The John R. McAdams
Company, Inc.
• The site plan must meet the tree conservation requirements in
Raleigh 1 Durham, NG
accordance with UDO Chapter 9.1 which consists of protecting an area
2905 Meridian Parkway
of existing trees in the amount of 10% of the site acreage. The proposed
Durham, North Carolina 27713
tree conservation area is located on the south side of the site and caused
[919] 361-5000
the building and associated parking to be pushed to the north, thus
impacting the existing stream.
Charlotte, NC
3436 Toringdon Way
suite 110
Charlotte, North Carolina 28277
(704] 527-0890
McAdamsCo.com
Designing Tomorrow's Infrastructure & Communities

Ms. Tasha Alexander
U.S. Army Corps of Engineers
September 23, 2016
Page 2 of 2
• The parking lot is sufficient to meet the minimum parking standards as
per UDO Section 7.1 and tenant requirements. The parking lot was
compressed into a tight area to allow room for the required perimeter
landscape areas and slopes needed to overcome the significant
topography on the site.
Zoning condition #11 requires a masonry screen wall along Old
Leesville Road. The screen wall must have a row of shrubs along it to
meet the City landscape requirements and the wall must be located
outside of the public right-of-way. This wall and landscaping caused
the parking lot to shift away from Old Leesville Road, and further
constrained the site.
In order to comply with the UDO Chapter 8 street section requirements,
we must dedicate right-of-way and widen Leesville Road and Old
Leesville Road. The UDO Street sections also require a 5 foot General
Utility Placement Easement located outside of and parallel to the new
right-of-way. The site is therefore reduced in size which reduced the
developable area.
• The initial concept plan proposed to impact the entire channel on the
property, be we worked with S&EC to minimized the impacts to what
have been proposed.
The zoning conditions and UDO requirements are compressing the site and
limit opportunities to avoid the conflict with the stream. We appreciate the
opportunity to present this information to you and are available to answer any
questions you may have.
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
Andrew R. Padiak, PE
Senior Project Manager, Commercial
HPD -16000

ORDINANCE NO. (2016) 622 ZC 735
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF
RALEIGH WHICH INCLUDES THE ZONING DISTRICT MAP
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH:
Section 1. That Section. 10 of the City of Raleigh Code, which includes the Zoning District Map,
be and the same if hereby amended as follows:
1. Z-6-16 — Leesville Road, east side, south of its intersection with Strickland Road, and
extending east to Old Leesville Road, being Wake County P1Ns 0788047444, 0788048627,
0788048872, and a portion of 0788045738 east of Leesville Road, approximately 7.72 acres
rezoned to Neighborhood Mixed Use -3 Stories -Conditional Use (NX -3 -CU)
Conditions dated: July 5, 2016
1. The following principal uses shall be prohibited: bed and breakfast; retail sales - fuel
(including gasoline and diesel fuel); vehicle sales/rental - all types; detention center,
jail, prison; vehicle repair (minor).
2. The maximum amount of gross floor area of nonresidential uses shall be 63,000
square feet. The maximum amount of residential dwelling units shall be 36 dwelling
units. Prior to recordation of a subdivision plat or the issuance of a building permit,
whichever shall first occur, the owner of the property shall cause to be recorded in the
Wake County Registry a restrictive covenant that allocates among the lot(s) of record
comprising the property the nonresidential gross floor area and number of dwelling
units permitted by this rezoning ordinance. Such restrictive covenant shall be
approved by the City Attorney or his designee prior to recordation of the restricted
covenant. Such restrictive covenant shall provide that it may be amended or
terminated only with the prior written consent of the City Attorney or his designee.
No building permit shall be issued for any use until an allocation covenant approved
by the City Attorney or his designee is recorded with the Wake County Register of
Deeds Office. For the purposes of this rezoning ordinance, the term "nonresidential
uses" shall mean all those land uses except those listed under the "Residential" use
category in the Allowed Principal Use Table in UDO section 6.1.4.
3. The maximum amount of gross floor area for a single nonresidential tenant space
shall be 50,000 square feet.
4. The maximum building height for any building on the property shall be two stories
and forty (40) feet, except for those height encroachments as allowed by UDO section
1.5.7.D.
5. The hours of operation for any Retail Sales use shall be between the hours of 6:00
a.m. and 11:00 p.m. Truck deliveries shall occur only between the hours of 7:00 a.m.

Ordinance (2016) 622 ZC 735
Adopted: 7119116
Page 2
and 9:00 p.m., and shall be limited to Monday through Saturday, inclusive.
Additionally, there shall be no idling of delivery trucks between 11:00 p.m. and 7:00
a.m. No complaint of a violation of this condition shall be made to the 911
emergency number.
6. Any pole -mounted lighting fixtures shall be of full cut-off design, and pole -mounted
site lighting for parking areas shall not exceed twenty (20) feet in height.
7. No commercial use shall have its front elevation facing Old Leesville Road.
Additionally, no building entrance open and available to the general public shall be
located on a building elevation facing Old Leesville Road.
8. This condition is being made pursuant to text change TC -8-15 and UDO section
10.2.4.E.2.c. There shall not be a driveway cut along the property's frontage on Old
Leesville Road. However, this condition shall not prohibit vehicular, bicycle and
pedestrian access to and from the property to and from Old Leesville Road by way of
cross access. The property shall not be subject to UDO section 8.3.2. or any other
provision of UDO Article 8 that would (i) require a public street connection within
the property that would provide a public street connection between Leesville Road
and Old Leesville Road, or (ii) require the extension of Old Leesville Road. The
length of Old Leesville Road shall not exceed 725 feet. A sidewalk, measuring at
least ten (10) feet in width, shall be provided from the sidewalk parallel to Leesville
Road in the public right-of-way to a point of cross -access offered in that Offer of
Cross Access Easement in Book 15988, Page 2204, Wake County Registry, as may
be amended, with a possible location of such sidewalk shown on Exhibit A. An
easement, measuring twenty (20) feet in width, permitting public access and
preventing buildings within the easement area, shall be provided over the sidewalk
required by this condition, but such sidewalk shall not be required to be centered
within the easement area. This easement shall be recorded prior to issuance of the
first building permit. Site development will comply with UDO section 8.3.1.E.
9. No service areas used for trash collection, trash compaction or recycling collection
shall be located within fifty (50) feet of the eastern property line adjacent to the Old
Leesville Road public right-of-way or that parcel identified as Closed R/W-B on that
plat recorded in Book of Maps 2004, Page 1396, Wake County Registry.
10. Prior to the issuance of the first building permit, an acceptance of that Offer of Cross
Access Easement recorded in Book 15988, Page 2204, Wake County Registry shall
be recorded, and such acceptance shall contain the following statement: "No delivery
truck shall use that portion of the Access Easement area between Old Leesville Road
and that point within the Access Easement area measuring two hundred (200) feet
from where the Access Easement area abuts the Old Leesville Road public right-of-
way." For the purpose of this condition and Condition 5, "delivery truck" shall mean a
truck having three or more axles or a two -axle truck with dual rear wheels pulling a
trailer, which accesses the property for the purpose of discharging or collecting cargo.

Ordinance (2016) 622 ZC 735
Adopted: 7119116
Page 3
11. Subject to tree conservation areas and prior to the issuance of a certificate of
occupancy for the first building on the property, a closed wall measuring at least ten
(10) feet in height but no taller than twelve (12) feet in height, as measured at all
points along the wall, shall be installed along the property's frontage along Old
Leesville Road. The northern -mast point of this wall shall be 150 feet from the
intersection of Strickland Road and Old Leesville Road, but in no event within any
required sight triangle or sight distance easement. The wall required by this condition
shall be a wythe wall with mortar. The wall shall be constructed of high quality
materials including one or a combination of the following: decorative blocks, brick,
stone, cast -stone, or architectural block; but the wall shall not include split -faced
block. Additionally, the wall shall be compatible with the principal building in terms
of texture, quality, material and color. The wall required by this condition shall be
installed within that area measuring twenty (20) feet from the future right-of-way of
Old Leesville Road and outside the required district yard setback, but parallel to an
adjoining sidewalk, if any. if the wall is along a sidewalk on the west side of Old
Leesville Road, then the portion of this closed wall along the sidewalk shall
incorporate wall pack lighting located no higher than five (5) feet from the ground to
illuminate the sidewalk. Additionally, this closed wall shall extend from its southern
terminus along Old Leesville Road toward Leesville Road at least as far as (i) twenty
(20) feet west the eastern -most elevation of the building, or (ii) west of the loading
area and trash/recycling service area associated with the largest commercial building,
whichever is farthest from Old Leesville Road. The maintenance of this wall shall be
the obligation of the owner of the property. There shall be one gated opening in this
wall to provide pedestrian and bicycle access to and from the property, and such gate
shall be open and unlocked during the hours of operation for Retail Sales uses
specified in Condition 5. On the east side of the wall required by this condition, for
that portion of the wall parallel to Old Leesville Road, shrubs shall be planted at a
rate of eighteen (18) per 100 linear feet of the wall parallel to Old Leesville Road, and
understory trees shall be planted at a rate of three (3) per 100 linear feet of the wall
parallel to Old Leesville Road, with such shrubs being a minimum three (3) feet in
height at time of planting with an expected height of five (5) feet within five (5) years
of planting, and such understory trees a minimum six (6) feet at the time of planting,
and with such shrubs and understory trees being installed prior to issuance of the first
certificate of occupancy.
12. There shall be no drive-in or drive-through facility permitted on the property.
13. The hours of operation for service of trash and recycling facilities shall be between
7:00 AM and 7:00 PM, and shall be limited to Monday through Saturday, inclusive.
14. No building shall be located within that area south of the straight line connecting (1)
the point where the areas designated "Closed R/W-A" and "Closed RIW-B" join at the
Old Leesville Road right-of-way as shown on plat recorded in Book of Maps 2004,
Page 1396, and (ii) the point along the property's frontage on Leesville Road that is
five hundred (500) feet south of theproperty's northern -most point of frontage along
Leesville Road, measured along Leesville Road, as shown on attached Exhibit A.

Ordinance (2016) 622 ZC 735
Adopted: 7119116
Page 4
15. The portion of the property immediately adjacent to that parcel identified as "Closed
R1W-B" on that plat recorded in Book of Maps 2004, Page 1396, Wake County
Registry, measuring at least thirty-two (32) feet in depth from the common boundary
line, shall be maintained as a tree conservation area to the extent that this area (or a
portion thereof) qualifies as a tree conservation area under UDO section 9.1. If this
area (or a portion thereof) does not qualify as a tree conservation area, then such area
shall remain undisturbed except for that disturbance required for any sewer, water,
storm drainage, utility, or right-of-way easements or improvements required by the
UDO, and new tree or shrub planting.
16. The primary building material shall be brick, stone, masonry or similar high quality
material, or a combination thereof.
17. The two-story structure identified as the Leesville Teacherage, having an address of
9513 Old Leesville Road (Lot 30-A in Book of Maps 1985, Page 882, shall be
relocated. This structure shall be removed from the property prior to issuance of a
building permit for the property on which the structure is located, howsoever
recombined or subdivided.
18. Unless a more restrictive standard is imposed by a building type standard, the
following condition shall apply. There shall be a build -to measuring between 0' to
100' along that portion of the property's frontage on Leesville Road from the
property's northern -most point of frontage on Leesville Road to a point measuring
500' from the property's northern -most point on Leesville Road, as shown on attached
Exhibit A. Within this build -to area, the minimum building setback shall be 30 feet.
Within this build -to area, the maximum parking depth is a single double -loaded bay
of parking between Leesville Road and the portion of the building closest to Leesville
Road. The building coverage within this build -to area shall be a minimum of 25%.
Trees within the build -to area may, at the election of the developer, be designated as
tree conservation area if such areas otherwise meet the standards of UDO Article 9.1
and UDO Section 10.2.4.E.2.i. There shall be a minimum of four (4) public building
entrances facing Leesville Road. The building side facing Leesville Road (that
building side primarily facing west) shall be subject to a transparency standard of a
minimum of 35% on the ground story and upper story (if any), subject to the
provisions of UDO section 1.5.9, and shall be subject to a minimum blank wall
standard of twenty (20) feet, subject to the terms of UDO section 1.5.10. Between the
parking area within the build -to area and the parking area beyond the build -to area,
there shall be planted a minimum of six (6) shade trees, five (5) understory trees, and
two hundred (200) shrubs. The shade trees required by this condition shall comply
with UDO section 7.2.7.C.2., the understory trees required by this condition shall
comply with UDO section 7.2.7.C.3.; shrubs required by this condition shall be a
minimum of one (1) feet in height at the time of planting, with an expected height of
two (2) feet within three (3) years of planting.

Ordinance (2016) 622 ZC 735
Adopted: 7/19116
41
[AN PAGGAGE
44
j. i,
PER ZONING CONUMON46 1A
.7,
J
K
7—)
Z-6-16- EXHIBIT A (0710112016)
N
Page 5
Section 2. That all laws and clauses of laws in conflict herewith are hereby repealed to the
extent of such conflict.
L
A
Z-6-16- EXHIBIT A (0710112016)
N
Page 5
Section 2. That all laws and clauses of laws in conflict herewith are hereby repealed to the
extent of such conflict.

Ordinance (2016) 622 ZC 735
Adopted: 7119/16
Page 6
Section 3. If this ordinance or any application thereof is held invalid as to any person or
application thereof, such invalidity shall not affect other provisions or applications of the
ordinances which can be given separate effect and to that end the provisions of this ordinance are
declared to be severable.
Section 4. This ordinance has been adopted following a duly advertised joint public hearing of
the Raleigh City Council following a recommendation of the Planning Commission.
Section 5. That this ordinance shall become effective as indicated below.
Adopted: July 19, 2016
Effective: July 19, 2016
Distribution: Planning (3)
Inspections (5)
City Attorney
Transcription Services - Taylor

Leesville Road Market Place
Preliminary Stormwater Impact Analysis
General Description
The proposed development currently known as Leesville Road Market Place is located on
approximately 7.5 -acres southeast of the intersection of Leesville Road and Strickland Road in
Raleigh, North Carolina. The proposed development will consist of commercial development
and the associated infrastructure.
The proposed development is located within the Neuse River basin with the site's stormwater
runoff draining into an unnamed tributary to Sycamore Creek. The proposed development shall
be subject to the stormwater management requirements set forth in Section 10, Chapter 9 of the
City of Raleigh regulations. Per City of Raleigh regulations, stormwater management on this site
shall address two primary issues: (1) peak discharge rates and (2) water quality management.
1. Storm water Runoff Controls [Section 10-90231
(a) Runoff limitation
The peak stormwater runoff leaving any site for the two-year and ten year storms shall be
no greater for post -development conditions than pre -development conditions. The same
methodologies used to calculate stormwater runoff must be used for both pre -
development and post -development conditions (Section 10-9023a).
For any land disturbing activity, as defined in Part 10 Chapter 5, the peak stormwater
runoff leaving the site at each discharge point for the two-year storm shall be no greater
during construction than for pre -development conditions. However, this regulation shall
not be applicable when the development site conforms to all of the following:
(1) The disturbed acreage is less than five (5) acres;
(2) The two-year peak discharge for the disturbed condition, for all points of
discharge, is less than ten (10) per cent of the peak discharge from the
contributing watershed as measured at the nearest receiving watercourse.
(b) Exemptions.
In addition to those activities exempted by §10-9003(b) and §10-9021, the stormwater
runoff control requirements of this section shall not apply to one (1) or more of the
following:
(1) The increase in peak stormwater runoff between pre -development and post -
development conditions for the two-year and ten-year storms is ten (10) percent
or less at each point of discharge.
(2) The maximum impervious surface coverage of the lot, including any existing
impervious surfaces, is no more than fifteen (15) per cent and the remaining
pervious portions of the lot are utilized to convey and control the stormwater
runoff of the lot to the maximum extent practical. Any lot which is exempted from
the runoff control requirements by subsection (b)(2), shall comply with all the
requirements of subsection (a) whenever:
a. The exempted lot is subdivided; or
b. The exempted lot size is reduced by recombination; or
c. Impervious surfaces on the exempted lot equal or exceed fifteen (15)
per cent.

(3) Compliance with the runoff limitations in subsection (a) above would result
in greater adverse downstream impact, such as local flooding, as determined by
City approved engineering studies.
(4) Compliance with the ten-year storm runoff limitations in subsection (a)
above results in no benefit to current and future downstream development, as
determined by City -approved engineering studies.
Projects exempted by subsection (b) shall protect all affected lands and receiving
watercourses from accelerated erosion as defined in Chapter S, Part 10.
2. Nitrogen Reduction [Section 10-90221
a) Requirements
No development nor any expansion of an existing development, use, facility, building,
structure, nor any new or expanded vehicular surface area shall contribute a nitrogen
export load exceeding three and six tenths (3.6) pounds per acre per year.
b) Payment to North Carolina Riparian Buffer Restoration Fund as an offset
Developers shall have the option of offsetting their nitrogen export load limitations of
subsection (a) above by paying monies to the North Carolina Riparian Buffer Restoration
Fund based on the latest fee adopted by the State. For residential development, a one-
time offset payment may be paid to the North Carolina Riparian Buffer Restoration
Fund to bring the nitrogen export load down from six (6) pounds per acre per year to
three and six -tenths (3.6) pounds per acre per year. For all other developments, a one-
time offset payment may be paid to the North Carolina Riparian Buffer Restoration
Fund to bring the nitrogen export load down from ten (10) pounds per acre per year to
three and six -tenths (3.6) pounds per acre per year. Installation of City approved
stormwater control measures or payments or a combination of both may be used.
Residential developments which exceed nitrogen export loads of six (6) pounds per acre
per year and other developments which exceed nitrogen export loads of ten (10)
pounds per acre per year must install City approved stormwater control measures to
reduce the nitrogen export load of their development to the applicable six (6) or ten (10)
pounds per acre per year limitation to become eligible for payment offsets. All payments
are to be paid to the North Carolina Riparian Buffer Restoration Fund at the time of
subdivision recordation for those subdivisions with an approved unified off-site
stormwater control facilities plan. For all other developments, payments shall be paid to
the North Carolina Riparian Buffer Restoration Fund prior to the issuance of applicable
development permits (Section 10 -9022a -c).
Please note that residential development is defined in Section 10-9002 as any lot devoted
to single family or duplex land use.
To meet the above City of Raleigh standards, one stormwater management facility is proposed.
A report containing calculations detailing the expected stormwater impacts as a result of the
proposed development, along with the preliminary design of the stormwater management facility,
will be prepared for the City of Raleigh site plan and construction drawing approval process.
2

Conclusion
Peak Runoff Control Requirements
The proposed project will result in a significant increase in the peak flow rates leaving the site.
To mitigate this impact, a stormwater management facility will be designed such that post -
development peak flow rates resulting from on-site development are no greater than pre -
development levels in the 2- and 10 -year storm events at the point of analysis.
Pollutant and Nutrient Control Requirements
The site will be treated for water quality per Section 10-9022, using a structural stormwater BMP
designed to capture runoff from the proposed development. The stormwater management facility
will meet the design requirements of the City of Raleigh and the NC Stormwater Best
Management Practices manual.

"EXHIBIT A"
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PAGE 1 OF 2
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PAGE 2 OF 2
21THE JOHN R MrADAMS
INC.
COMPANY, INC.
2905 Meridian Parkway
Durham, North Carolina 27713
License No.: C-0293
CADA S 111733-5646•McAda Co.com