20091244 Ver 1_401 Application_20091209

x? IA&I
TTSP ELLS
?S
15401 Weston Parkway, Suite 100
Cary, NC 27513
T: 919.678.0035
F: 919.678.0206
www.wspsells.com
TO: Lia Myott Gilleski
N DE DW 401 nit
2321 Crabtree BLVD, Suite 250
Raleigh, 27604
LETTER OF TRANSMITTAL
DATE December 7, 2009
JOB NO. 07-4087 PROPOSAL NO.
ATTN:
RE: Shops at Whispering Pines
WE ARE SENDING YOU 0 Attached B Via Fed Ex the following items:
Via Mail
Shop Drawings Prints ? Plans ? Samples
Copy of Letter Change Order
Photographs Control Photographs ? Contact Prints ? Manuscripts
Diapositives x See Below
? Specifications
? Diskettes
COPIES DATE NO. DESCRIPTION
1 Check $1000 #2925
5 Collated PCN Application
3 2 Sets of full size construction drawings showing impact location
3 Copies of half size construction drawings
3 Stormwater calculation package (includes BMP supplement, O&M manual, and design
calculations).

3 Sets of full size plans attached to stormwater calculation package. Plans show drainage
area, erosion control, plan and cross section view of bmp, construction sequence for
erosion control and bmp construction, and bmp planting schedule.
1 Cd with construction drawings in pdfs.
1 PCN Submittal Checklist
THESE ARE TRANSMITTED as checked below: p ??L?nw
x For approval Approved as submitted Resubmit
copies for approval
1k
x For your use Approved as noted Submit cQfi& f-e tiij6j*tion
As requested Return for corrections Return corrected prints
For review and comment For your records DENR-V ATERQUALITY
Control survey required Analytical aerial triangulation required ViETLODSMDSTORMYVATERBRAWA
See below remarks For review and comment
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO U?
REMARKS
Attached is the submittal for express review for the Shops at Whispering Pines project. The presubmittal meeting was on
December 2, 2009.
COPY TO: Darren Tuitt, JDH Capital SIGNED:
Bill Mullin- Dr. J.H. Carter III & Associates Inc Sh e thers
Y4 ,
.,.x'.10 i °" . I tfi?

Version 1.4
January 9, 2009
401 Oversight/Express Permitting PCN Submittal Checklist
•LI The application fee (Checks may be made out to "N.C. Division of Water Quality"
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
Express Review Fee (Amount requested on Acceptance Letter)
Five (5) complete and collated copies of the PCN Application and supporting
documentation in d of providing 5 copies of the full size plans you may provid two
copies of full size plans along with three copies o p ns
Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide thr)c o[g ?f the stormwater management plans along with all
supporting information pertaining to this project including the following:
(a. Entire site development/layout plans delineating. all drainage areas;
L-*6. Design calculation sheets for all proposed BMPs) sized for both on-site and
/Off-site drainage;
W BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required
items;
V-61.1"A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
lie. Detailed construction drawing sheets shall include
Erosion and sediment control plans;
v(ii) Installation and planting schedules for the proposed BMPs;
iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
?NA1f your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp_forms.htm).
F-1 VADWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
40cit- e n S^l!?/wt wnfY? G•'l /kfrdhS
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
,Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers. to v-P,-
? The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
0 Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
roposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is . proposed) - lots must be
developable without further impacts to jurisdictional and non-jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-yr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
F"Kproposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts s 48
inches, and 1-foot for culverts > 48 inches). r*? INA4
Version 1.4
January 9, 2009
!Wetland Impacts:
Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? PIkAII subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
? NA- Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
? Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
? The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Design, prepared by A. L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
Beverly Eaves Perdue
Governor
fj'; 'y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
November 19, 2009
EXPRESS REVIEW ACCEPTANCE LETTER
Mr. William Allen
Whispering Pines Retail Investors, LLC
3735 Beam Road, Suite B
Charlotte, NC 28217
Project Name: Shops at Whispering Pines
Moore County
On November 19, 2009, the 401 Oversight/Express Permitting Unit of the Division of Water Quality
received a request from Mr. William Mullin of Dr. J. H. Carter III & Associates, INC., regarding a project
known as "Shops at Whispering Pines" for acceptance into the Express Review Program. This letter
advises you that your project will be accepted into the Express Review Program once the following items
are received:
k,.-T) The application fee of $1,000.00 [for 401 Water Quality Certification with minor impacts], made
payable to the North Carolina Division of Water Quality];
?) Five (5) complete and collated copies of e PCN Application (instead of provid!' f copies of
the full size plans you may provid o copie of the full size plans along with ree copie of the
1IX17);
?3] One (1) copy of the completed PCN Submittal Checklist
(http://112o enr state nc Lis/ncwetlands/documents/PCNCheckIist v l 4_.d_ oc);
t1_4) Storm?vater Mana ement Plan:
a. T ree (3 copie o all supporting information pertaining to this project including:
i, cstgn calculation sheets for all proposed BMPs) sized for both on-site and off-site
drainage, if any;
ii. BMP Supplement for each proposed BMP including Design Summary and Required
Items Check List (available at littp://li2o.em-,state ne.us/sLi/bmi) forms.htm) along with
all required items;
i" A signed and notarized Operation & Maintenance Agreement for each BMP;
full size plans (with detailed construction information) shall include the
following:
i. Entire site plan with existing and proposed contours and delineated drainage areas to the
BMPs;
ii. Erosion and sediment control plans;
iii. Plan views and cross sectional details of all BMPs and associated structures with
elevations;
iv. Construction sequence and planting schedule for the proposed BMPs;
One (1) data CD of full size plans in TIFF Group 4 format (black and white, not grayscale or color).
If the plans are too large to store in TIFF format, they can be stored in PDF.
A pre-application meeting (to include the property owner) is required prior to the submittal of your
completed application package. Please ensure that the property owner is listed as the applicant on the
PCN form. Please note that due to express review scheduling, this orciect cannot be accepted until
December 1, 2009. The clock for this project will not start until receipt of the completed application
401 OversightrExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet, hltp:/ih2o.enr.state.nc.us/ncwetlands!
One
NorthCaro]ina
Nati rally
An Equal Opportunity l Affirmative Acticn Employer
Whispering Pines Retail Investors, LLC
Page 2 of 2
November 19, 2009
package and required fee are received. If the impacts are greater than indicated on the Initial Interest
Form and/or the services are different, you may be required to remit an additional fee. If you have any
questions or wish to discuss these matters further please do not hesitate to call Lia Myott Gil leski at 919-
733-9502.
Sincerely,
C13"Ing
Cyndi Karoly, Supervisor
401/Express Review Oversite Unit
cc: File copy
Mr. William Mullin, Dr. J. H. Carter III & Associates, INC., 515F Midland Road, Southern
Pines, NC 28387
Mr. Ken Averitte, DWQ Fayetteville Regional Office
bAF wAT F??G
o <
Exp OR -1 a-4 ?-
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: T
O Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: GC 3709
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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Shops at Whispering Pines
2b. County: Moore
2c. Nearest municipality / town: Whispering Pines
2d. Subdivision name:
2e. NC DOT only, T.I.P. or state
project no: DEC - 9
3. Owner Information WETLANDS ANDSTORMWATEtgRMCH
3a. Name on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: William L. Allen
4c. Business name
(if applicable): Whispering Pines Retail Investors, LLC
4d. Street address: 3735 Beam Rd Suite B
4e. City, state, zip: Charlotte, NC 28217
4f. Telephone no.: [phone]
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: William Mullin
5b. Business name
(if applicable): J.H. Carter III and Associates, Inc Environmental Consultants
5c. Street address: 515f Midland Road
5d. City, state, zip: Southern Pines, NC 28387
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees): 35.2471437'N - 79.4066760'W
1 c. Property size: 11.33 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Spring Valley Lake
proposed project:
2b. Water Quality Classification of nearest receiving water: WS, III, B
2c. River basin: Upper Cape Fear 03030004
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently occupied by a several small business including a convenient store and subway restaurant. There is
also a man made pond and some maintained/landscaped open areas between the businesses.
3b. List the total estimated acreage of all existing wetlands on the property:
1.37
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the work is to provide retail services to the surrounding area. Whispering Pines is currently lacking in
significant retail services in the town itself.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will result in the construction of a retail shopping plaza including a grocery store and several other retail
businesses. Standard construction equipment will be used during construction, including: excavators, dump trucks,
cement trucks, forklifts, soil tampers and so on. Best management practices will be utilized during construction to
maintain sediment and erosion control.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: J H Carter III Inc...
Name (if known): William Mulllin Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
1/2007
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.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.0 November 2008 Version
G. 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 Type of wetland Forested (Corps - 404, 10 Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary T
Palustrine open
W1 ®P ? T Fill water and
emergent/shrub ? Yes ® No ® Corps
? DWQ 0.50ac
fringe
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts
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. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number - impact intermittent (INT)? length
Permanent (P) or (linear feet)
Temporary (T)
S1 ? P ? T ? PER ? INT
S2 ? P ? T ? PER ? INT
S3 ? P ? T ? PER ? INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts
3h. Comments:
Page 4 of 11
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
Page 5 of 11
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose 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 an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
61 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - November 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Designs were altered to avoid wetland impacts to the maximum extent practicable. The original project called for the
entire 1.36 acre wetland to be filled, it was backed down to 0.50 acres aftermultiple redesigns. The current design results
in 0.86acres of wetland left undisturbed. The buildings and required sewer lines were oriented along the road frontage
and utilizes minimum set backs to decrease the impacts to the wetland on site. The refrenced sewer line will tie into an
existing line north of the project property. In order to acess that existing line new lines must be run to the north out of the
project area and along Highway 22. Parking space configuration was altered several times to achieve minimum impacts
to wetlands in relation to structure placement. Additionally the pond on site was intergrated into the over all landscape
design in an attempt to minimize impacts to waters of the U.S.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Permant and temporary sediment and erosion control strucutres will be utilzed during construction. Best management
practices will also be utilized. Work areas will be kept clean and all heavy equipment will be maintained and stored in a
manor that minimizes the potential for any impacts to waters on site.
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
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: warm, cool, cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.50 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 7 of 11
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
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 Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments:
Page 8 of 11
PCN Form - November 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? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ® Yes ? No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HQW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ? Other:
3b. In which local government's jurisdiction is this project? Town of Whispering Pines
3c. Is this local government certified to implement a state stormwater program? ? Yes ® No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? 54.9%
4b. Does this project contain any areas that meet the criteria for "high density" per ® Yes ? No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
See attached
4d. Has a completed BMP Supplement Form with all required items been submitted ® Yes ? No
for each stormwater BMP?
Page 9 of 11
PCN Form - Version 1.0 November 2008 Version
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)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® 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.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The sewage disposal for the site will be by way of gravity sewer throughout the site that will tie into a gravity sewer system
offsite on the west side of NC Highway 22.
Page 10 of 11
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
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?
Raleigh
El
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?
Natural Heritage Database, GIS and J H Carter III and Associates Environmental Consultants on site investigaiton
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 major waters on or near the site. Natural Heritage Database, GIS surveys
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?
State Cultural Resource - National Register search
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 determin io ? FEMA IRM .,aping
i tt

Applicant/Agent's Printed Name p li nt/Agent' n re
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 11 of 11
PCN Form - November 2008 Version
Y,,CQ stem
PROGRAM
October 19, 2009
William Allen
Whispering Pines Retail Investors, LLC
3735 Beam Road, Suite B
Charlotte, NC 28217
Project: Shops at Whispering Pines
Expiration of Acceptance: July 19, 2010
County: Moore
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the Luthorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.necep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030004 0 0 0 0.50 0 0 0 0
Credits Cape Fear 03030004 0 0 0 Up to
1.0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (S 19) 716-1921.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Emily Hughes, USACE- Wilmington
William Mullen, agent
File
Sincerely,
. "31
ill am D. Gilmore, PE
Director
Pro
t" owfbt&
?. A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Date December 4, 2009
To Whom It May Concern:
Dr. J.H. Carter III & Associates, Inc. is authorized to conduct wetland delineations and
prepare and submit the necessary permits (if needed) for possible development of
property 99000490 Parcel on Highway 22, located in Whispering Pines, Moore County,
North Carolina. Additionally, this letter grants permission to federal regulatory
authorities to conduct site visits on our properties to evaluate and certify wetland
boundaries.
Sincerely,
Darren'Tuitt

Shops at Whispering Pines Location Map
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