20030246 Ver 1_COMPLETE FILE_20030304

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 1, 2003
DW Q# 03-0246
Wake County
Mr. Phillip E. Stevens
Stephens Property Group, LLC
7 Piedmont Center, #300
Atlanta, GA, 30305
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stevens:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.33 acre of wetlands and 0.14 acre of
waters in order to construct the Holly Springs Village Center in Wake County, as described in your application received by the Division of
Water Quality on March 4, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.ne.us/ncwetlands. This Certification allows you to
use Nationwide Permit Number 39 when it is issued by the U,S. Army Corps of Engineers. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. This Certification replaces the one issued to you April 16, 2003.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional condition
listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or
the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the
impacts specified in this Certification occur per condition no. 3 in General Certification 3402. The stormwater management plan must
include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class B
and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The
structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes
to the structural stormwater practices shall be made without written authorization from the Division of Water Quality;
3. You are required.to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office in
Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748
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Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC, 27614
030246
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Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality

April 16, 2003
DW Q# 03-0246
Wake County
Mr. Phillip. E. Stevens
Stephens Property Group, LLC
7 Piedmont Center, #300
Atlanta, GA, 30305
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stevens:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.22 acre of wetlands and 0.14 acre of as dscribed in your waters in order to construct the Holly Springs Village Center in w we have ,etermened that this fill as covered by General WateDrfQual'ty of
Water Quality on March 4, 2003. After reviewing your application,
Certification Number 3402, which can be viewed on our web site at httl2://h2o enr state.nc.us/ncwetlands. This Certification allows you to
use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application: If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional condition
listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or
the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit
web site at http://h2o.enr.state.nc.us/nowetiands
; Office before
the 2. An additional condition is that a final, written ono. management plan shall be
General Certification p3402. The stormwaterf management plan must
impacts specified s this Certification occur per condition
include, ptars'attrd`sp'ec'rficatios-4orsparrnwater-management facilities that are appropriate for surface waters classified as Class
and designed to remove 85% TSS according to the most recent version of the NC DENR S#ormwaier SesfT7far?agelYived by thees appro Manual. These facilities must be designed to building athe subject s te, tthenfac ities'(as app roved by this Office)
Division of Water Quality. Also, before any p 9 is occupied
shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The
structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes
to the structural stormwater practices shall be made without written authorization from the Division of Water Quality;
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included, in the 401 Certification
has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office in
Raleigh 919-733-9721. Sincerely,
A
f ef)Alan . Klimek,, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
[phone] Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC, 27614
030246
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Holly Springs Village Center
Project Number 03 0246
Recvd From APP
Received Date 3/4/03 Recvd By Region
Project Type construction of retail center
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet '-
Type Type Impact Score Index Prim. Supp. Basin _Req. Req. -
?9 RT.H F-770 N F__ F-7-43-15-3 r NSW FO 40- _7 F_ r-
tik'at,rs O 1 O N F_I ?rF__I r 0.14
F -3
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Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y0 N
Recommendation: 0 Issue 0Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue based on the construction of stormwater treatment at a later date. Ditch and small pond on
site not subject. Feature begins on the other side of NC Highway 55.
April 7, 2003
cc: Regional Office
Central Office Page Number 1
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
,030246 March 4, 2003
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
US Army Corps of Engineers
Attn: Ms. Andrea Wade
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 39/401 Water Quality Certification
Holly Springs Village Center
Holly Springs, Wake County, North Carolina
S&EC Project #: 01-6119
Dear Ms. Wade and Mr. Dorney,
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On behalf of Stephens Property Group, LLC, we hereby request authorization from the
US Army Corps of Engineers (USACE) to use Nationwide Permit 39 to cover impacts to
jurisdictional wetlands and waters (farm ponds) (see attached overall map). We also
request written concurrence from the North Carolina Division of Water Quality (NC-
DWQ) that the project complies with the 401 Water Quality Certifications associated
with Nationwide Permit 39. A Pre-construction Notification Application (PCN) is
attached, which includes an agent authorization form.
The proposed project, which consists of a retail development, is located on the south side
of Avent Ferry Road (SR 1115) approximately 1000 feet northeast of the intersection of
Avent Ferry (SR 1115) and Pine Grove Wilson Road (SR 1101). It is approximately 40
acres in size. Please refer to the USGS topographic map attached for the location of the
project. S&EC conducted a detailed wetland delineation and Neuse River Basin (NRB)
Riparian Buffer evaluation on a portion of the property in February 2001 and Ms.
Amanda Jones signed the wetland delineation (Action ID: 200120727). On May 11,
2001, Mr. Charles Brown of NC-DWQ performed a site visit and determined that the
channel and pond present on the property are not subject to the buffers. Please see the
attached NC-DWQ letter. In August 2001, the previous property owner received
approval to impact 0.11 acres of jurisdictional drainage ditches (AID# 200120727).
Since this time, the applicant has acquired additional property and revised the original
site plan. The revised plan proposes impacts to approximately 0.36 acres of drainage
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Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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ditches and farm ponds for a total of 0.47 acres of impacts. The additional parcels added
to the original site have been delineated and a delineation map has been sent to the
USACE for their approval concurrent with this application.
The applicant requested a detailed wetland delineation and buffer evaluation on the
property prior to site plan development in order to avoid jurisdictional wetlands and
waters and riparian buffers to the maximum extent practicable. The proposed retail
center will impact approximately 0.36 acres of drainage ditches and farm ponds for a
total of 0.47 acres including past permits. These impacts are elaborated upon within the
attached PCN form and are shown on the attached inset impact maps. Please note that the
stormwater plane ua- "o+' een fmali?ed for this site However, the applicant has set
aside adequate space for treatment and will design the treatment device based on
approved NC-DWQ BMP's. We are requesting that the NC-DWQ issue the permit
with the condition that an approved stormwater device is constructed prior to
impacts. We are also requesting that the USACE re-authorize the previous permit
and include the currently proposed impacts (0.11+0.36.47) so that each activity
will have the same expiration date.
The proposed parking lots and entrances are needed in order to access the site and to
satisfy the parking needs associated with a retail shopping center and required by local
ordinances. Because a drainage feature bisects the property from north to south the
proposed impacts are unavoidable. No jurisdictional channels or stream buffers will be
impacted by the proposed project.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre). To minimize impacts, the applicant conducted a detailed
wetland delineation prior to site plan development. However, given the large amount of
contiguous space needed for parking and the fact that a drainage feature (i.e. ditch)
bisects the property, wetland impacts are unavoidable. With the exception of impacts `9'
and `10', the proposed impacts are limited to drainage ditches and farm ponds associated
with past agricultural practices. Impacts `9' and `10' are to a bottomland hardwood
forest. In an effort to reduce the amount of impacts on-site and preserve the bottomland
hardwood forest, the applicant has utilized retaining walls whenever possible (see
attached site plans). Moreover, approximately 2.0 acres of bottomland hardwood forest
will be retained on the site in perpetuity. If the USACE requires mitigation for this
project we propose payment to the Wetlands Restoration Program. We have forwarded a
copy of this application and a request for mitigation payment to the Wetlands Restoration
Program.
NC-DWQ's current policy requires written concurrence for stream impacts of greater or
equal to 150 linear feet of stream length per project and wetland. impacts of one acre or
greater. Because no stream channels or buffers will be impacted by the proposed project
and because wetland impacts are below the threshold required for mitigation, we do not
believe mitigation should be required by the NC-DWQ. Following construction the site
will contain greater than 30% impervious surface. Water quality will be preserved down
stream through the use of currently approved stormwater BMP devices.
Please call if you require any additional information or have any questions.
Sincerely,

Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
USGS Site Vicinity Map
Wake County Soil Survey Map
Impact reference map and 2 larger-scale inset maps
Agent Authorization form
Buffer confirmation letter from Charles Brown
Jurisdictional Determination and previous NWP approval
$200 cheek to cover water quality certification fee
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Stephens Property Group, LLC
Mailing Address: 7 Piedmont Center, #300
Atlanta, GA 30305
Telephone Number: [phone] Fax Number:
E-mail Address: NA
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuning_er
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address: preuningerksandec.com
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Holly Springs Village Center
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):0648982516, 0648786081, 0648789458, 0648788372
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): The property is located on the
south side of Avent Ferry Rd. (SR 1115) approximately 1000 feet northeast of the
intersection of Avent Ferry (SR 1115) and Pine Grove Wilson Rd. (SR 1101).
5. Site coordinates, if available (UTM or Lat/Long): zone 17, 0695560 E, 3945991 N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): approximately 40 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Basal Creek
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: A portion of the land is currently used as an athletic field.
The remaining portion is forested or was used in the12ast for agriculture
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: This
project consists of the construction of a retail shopping center and grocery store. Typical
heavy equipment associated with grading and building construction will be used.
11. Explain the purpose of the proposed work: This purpose of this project is to construct a
retail center near the future Highway 55 bypass that will serve the residents of Holly Spriws
and the surrounding community.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list. and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdictional determination: April 23, 2001, Action ID:200120727
Neuse River Buffer Determination: May 11 2001, NBRRO 01-141
NWP 39• August 3 2001- 0 .11 acres of fill Action ID:200120727
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts will
result from the construction of parking lots and buildings associated with a retail shopping
center. No stream channels will be impacted by the proposed project As mentioned above,
0.11 acres of wetland impacts were previously authorized We are requesting approval to
Page 3 of 8
impact an additional 0.36 acres of wetlands/open waters and to re-authorize the original
permit for a total of 0.47 acres. Please note that a majority of the wetland impacts are to
linear wetlands (i.e. ditches) and irrigation ponds. Of the 0.47 acres only 0.11 acres of
impacts are proposed to an undisturbed bottomland hardwood forest. Over 2.0 acres of
bottomland hardwood forest will be preserved on site. The specific impacts are provided
below in the wetland impact section.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
feet
Type of Wetland***
1 Fill 0.02 NO NA Linear wetland/ditch
4 Fill 0.03 NO NA Linear wetland/ditch
6 Fill 0.02 NO NA Linear wetland/ditch
7 Fill 0.01 NO NA Linear wetland/ditch
8 Fill 0.03 NO NA Linear wetland/ditch
9 Fill 0.04 NO NA Bottomland Hardwood
10 Fill 0.07 NO NA Bottomland Hardwood
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:8www.fema.aov.
* List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.6 acres (2.05
acres of wetlands and 0.55 acres of open water)
Total area of wetland impact proposed: 0.22 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
NA NA NA NA NA NA
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 4 of 8
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozbne.com,
www.mal2quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
* lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
2 Fill 0.08 NA Farm pond
11 Fill 0.06 NA Farm pond
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The northern and southern portions of the property are separated by a small pond and linear
wetlands To access the southern portion of the property and given the large amount of
conti uous space needed for parkin ag nd required by local municipalities it is necessary to fill a
small portion of two ponds and drainage ditches Moreover, with the exception of impacts 9 and
10 (approx 0.115 ac) all proposed impacts are to farm ponds or linear wetlands (ditches). In
order to reduce impacts retaining walls were utilized adjacent to the ponds and wetlands when
appropriate Approximately 2 acres of bottomland hardwood forest will be retained on-site.
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream . Work in North Carolina, available at
http:/jh2o.enr.state.nc.us/?ncwetlands/strmaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because the applicant has attempted to reduce impacts (i.e. through the use of retaining
walls) and because approximated 2 acres of bottomland hardwood forest will be preserved,
we do not believe mitigation should be required. However, if mitigation is required we
propose payment to the WRP A copy of this application has been forwarded to WRP for
their review.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 6 of 8
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.5-1.0
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 NA 3 NA
2 NA 1.5 NA
Total NA NA
Page 7 of 8
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or .0260.
N/A No impacts to riparian buffers are proposed.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The existing property does not contain impervious acreage however; following construction the
site will exceed 30% impervious surface. The engineers are in the process of finalizing
stormwater plans but have set aside an adequate amount of land realize that final stormwater
device will need to meet the current DWQ standards based on the water quality classification of
the watershed. We are requesting that you issue the permit before the stormwater plan is
finalized but include stormwater plan approval as one of the conditions of the permit that must be
met prior to impacts on-site
XII. Sewage Disposal (required by DWQ)
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.
Public sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to
allow processing time for these permits. However, an applicant may choose to list constraints associated with
construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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AdfiwpiL
U.S. ARMY CORPS OF ENGINEE
Wilmington District
Action ID: 20012072
County:
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property Authorized
Owner Patricia Barnes Agent Soil & Environmental Consultants, Inc.
Attn: Todd Preuninger
Address 310 Fairview Drive Address 11010 Raven Ridge Road
Beaufort, NC 28516 Raleigh, NC 27614
Telephone Number 252-728-3005 Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the south side of Avent Ferry Road (SR 1115), approximately 1000ft north of the intersection
with SR 1101, in Holly Springs, Wake County, North Carolina.
Description of Activity: This permit authorizes placement of fill associated with the construction of a
retail development. Impacts to wetlands authorized by this permit are 0.11 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 3, 2001 Expiration Date August 3, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS -
Wilmington District ?r '.
Action ID:
200120727
County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINA
Property
Owner Patricia Barnes
Address 310 Fairview Drive
Beaufort, NC 28516
Telephone Number 252-728-3005
Authorized
I
,or
it
Agent Soil & Environmental Consultants, Inc.
--'Attn: Todd Preuninger
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the south side of Avent Ferry Road (SR 1115), approximately 1000ft north of the intersection
with SR 1101, in Holly Springs, Wake County, North Carolina.
Basis for Determination: The site contains wetlands and stream channels with indicators of ordinary
high water marks, located adjacent to an unnamed tributary of Basal Creek, above headwaters, in the
Neuse River Basin.
Indicate Which of the Following Apply:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. 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 property 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 published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Project Manager Signature-
Date April 23, 2001
Date April 23, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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Project #: Scale:
014119 1" -2OW Figure 1 - USGS Quad
Project Date:
Mgr.: TP 2M7102 Stephens Property Group
Holly Springs, Wake County,
NC
APEX, NC
1993
NIMA 5255111 NE-SERIES V842
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
.Web Page: www.SandEC.com
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Project #: Scale:
01.6119 1" =13N Figure 2 - Soil Survey
Project
Mgr.: TP Date:
Imfi
Stephens Property Group
Holly Springs, Wake County,
NC
Sheet 90
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] ¦ [phone]
Web Page: www.SandEC.com
L. •
S a e of North Carolina
ent
artment of Environment
a Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
4
??
iqCDE'N'R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 17, 2001
Mr. Todd Preuninger
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 01-141
Stephens/Bames Farms Site
S&EC Project #01-6119
Wake County
Dear Mr. Preuninger:
2 2
On May 11, 2001, I conducted a site visit of the features involved in the above referenced
project. It was determined as a result of the site visit that the channel present on the property was not
subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233).
This office has assigned the reference number ofNBRRO 01-141 to this project. Thank you
for your attention to this matter and if this Office can be of any assistance or if you have any
additional questions concerning this letter, please do not hesitate to contact me at 571-4700 ext. 237.
S' r ,
harles Brown
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let\nbr01141.1et
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
` Mar. 3. 2003 4:53PM NORTH OF NELL CONDOMINIUM

Sail & Environmental Consultants, PA.
11010 Ravcn Ridge Road • R*igb, North Carolina 27614 • Phone: [phone] • Fax: ('919) 846-9467
AGENT AUTHORIZAVON FORM
AU BIQ s To Be Filled In By The Current Landowner
?11 VT?Tr?tt Qd?t?Y??t? 7TH?T ?5 ??4?d Irv17? (''
Name;
Address:
Phone: r-_SOA-- eyr z 2.
Project Name/Description:
-
Date, " 0103
The Department of the Army
U.S. Army Coups of Engineers, Wilnnin.gton District
P.O. Box 7.890
Wilmingtoxi, NC 28402
Attn: ?n .
Field Office: 'ssg A -
Re. Wetlands Related Consulting and Permitting
To Whom It May Concern:
O't(er,
1, the current ro owner, hereby designate and authorize Soil & Environmental Consultants, P.A, to
act in my, behalf as my agent in the Processing of permit applicatioxis, to ftumisle upon re"ft_
information in support of applicatims, etc, from this day ;Forward. The,. n ' day of
-T.""
This notification supersedes any previous correspondence concerning the agent ,for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&BC staff. You should caU S&EC
to arrange a site meeting prior to visiting the site.
t?AS f(bX4hP3 ifu L-14 C4 WhWSI.M? G;?g
Print Property Owner's Name
cc: Mr. John Dorxtey
NCDFNR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
S
cc: Mr. Todd Preurtinger
Soil & )RnvironmenW Cowultants, FA
bunk agent authlom.doc
;hark= Ofl" - Qmnftm Office. ?I'?.kory t7fftce:
236 LcPhiliip Court, Suite C 3817-1; Lawnd4B Drive 710 Boston Road
Concord. NC 28025 Creensbom, NC 27455 Tayiorsviuc, NC 28681
Phone: [phone] phone: [phone] Phone [phone]
Far- [phone] Fax: [phone] a'ax: [phone]
N o . 8 0 5 1 P- 2
Triage . Check List
Date: 3 Project Name.
DWQ#: 3 zV-b
County: Crt/g _
To: ? . ARO Mike Parker ? WaRO . Tom Steffens
FRO Ken Averitte ? Wi.RO Noelle Lutheran
? MRO Mike Parker ? WSRO Cyndi Karoly (Central Office)
RRO Steve Mitchel ?
Telephone; (919 7?? 3
)
The file attached is being. forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
?tream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
ation/avoidance issues
l Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
?. Ditching
? Are the stream and or wetland mitigation sites available and viable? .
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
'Ali Wl/
/A