20071061 Ver 1_401 Application_20070607

ti Hart & Hickman
A PROFESSIONAL CORPORATION
Via Federal Express
June 22, 2007
NC DENR DWQ
401 Oversight/Express Review
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Attention: Ms. Cynthia Van Der Wiele
~° ~' A I
Re: PCN for Isolated Wetland Permit Under Express Review
Proposed Lowe's Home Improvement Warehouse
Whiteville, NC
H&H Job No. JEM-034
Dear Ms. Van Der Wiele:
2J23 South Trvon Street
Suite 100 Charlotte, ti'C
282()3-544)
704-586-0007 phone
i04-586-03%3 tas
~xlww.harthickman.com
Please find the attached Pre-Construction Notification (PCN) for an Isolated Wetland General
Permit under the Express Review process for a proposed Lowe's Home Improvement Warehouse
in Whiteville, North Carolina. The Express Review acceptance letter is dated June 12, 2007 and
indicates that the application package can be accepted into Express Review on June 25, 2007. I
have included a $1,000 check; one copy of the PCN addendum, five copies of the PCN including
detailed site plan information, and three copies of stormwater management plans. Should you
have any questions or need any additional information, please feel free to contact me.
Very truly yours,
Hart & Hickman, PC
Matt Bramblett, PE
Principal and Project Manager
Attachments
Cc: Mr. John Witherspoon (1 copy)
Mr. Patrick Rivers (1 copy w/o stormwater package)

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'~TLAMp~c a1~0 STO!?~~aA7FR BRAiJCH
S\AAA-Master Projects\Jemsite DevelopmentUEM-034 Whiteville\Wetlands Permitting\PCN CoverLetter.doc

OFFICE USE ONLY
Date Received Fee Paid Permit Number(s)
E x. o~ - 1 o r~ ~
State of North Carolina
Department of Environment and Natural Resources ~ ~ ~ ~.
Division of Water Quality 401/ Wetlands Unit a ~{j
EXPRESS REVIEW PROGRAM STORMWATER MANAGEMENT APPLICAT
This form maybe photocopied for use as an orlglnal Q ~ ~~~, ;~
I. GENERAL INFORMATION
.1IJN 2 5 2Uu/
1. A licant's name s ec the name of the co oratia individual etc. who owns the ro'ect): t)EiVR -WATER 4Ui{:.."~
PP (P ~3' rP ~ P J V1~TLAR~DS a'~D STOZAt4'VAT~R ;,ac~;~vGN
3Et~isrr~ D~EV~to~nENT
2. Owner/Signing Official's name and title (person legally responsible for facility and compliance):
1'o N~1 1~ t3i1~i2~Poatrl
3. Owner Mailing Address for person listed in item 2 above:
~ i.o S N w~`~ 2 Z1 NoR'T1,1
City: S " F ~~ State:~~~ lip: ~ fj ~I
Phone Number:
9. Project Name (subdivision, facility, or establishment name -should be consistent with project ame on plans
specifications, letters, operation and maintenance agreements, etc.):
Lo{,t.(~'s of taK~~Vt~e.E ~JG
5. Location of Project (street dress):
us ~~ H~ 13t~
City:__ ~ ~~~~ ~.~ County: CO U r'Nb~/ S
G. Directions to project (from nearest major intersection):
7. Latitude: N ~~. 3o 19 S Longitude: ~ ~~ • 7~ ~ 1 of project
8. Contact person who can answer questions about the project: Q
Name: P~ITR.~ ~~ r~ ~~EQ~ Telephone Number: (~~~ Z¢ ~ ~ ~ ~~
Fax Number : ~ g • / ~ • S Z ~ ~ Email Address :~~a fiC ICLp ~ ~ A.. • 1 h G •A t~
II. PERMIT INFORMATION:
1. Specify whether project is (check one): ~ New Renewal Modification
9/2004 Version 1.0 Page 1 of %~

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
Low Density High Density Redevelopment General Permit Other
Additional Project Requirements (check applicable blanks):
_CAMA Major Sedimentation/Erosion Control _404/401 Permit NPDES Stormwater -Other
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
~(~1~WkTs2 ~i~~.t, 8~ 'f~rTsD w tt~l oil sIT~
WET O~r~.t~e~.1 ~I-ttNS.
2. Stormwater runoff from this project drains to the __ _ ~ u~~E~ River basin.
3. Total Project Area: ~ . ~ acres 4. Project Built Upon Area:~~_%
5. I-low many drainage areas does the project have? .r _
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Stream Name N ~ u~ V~~
Receiving Stream Class G CL~
Drainage Area ~ ` L
Existing Impervious* Area Z. L ~~
Proposed Impervious"Area ~ ' G
Impervious'' Area (total) ~ ~ •
Impervious'" Surface Area Drainage Area 1 'Drainage Area 2
On-site Buildings 0 0~
On-site Streets ,...
On-site Parking 0
On-site Sidewalks ~
Other on-site i.
Off-site
•
Total: ~ ' Total: I O Z
Impervious area is deCned as the Guilt upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.

9/2004 Version 1.0 Page 2 of 4

7. How was the off-site impervious area listed above derived? ~~
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The•following covenrnrts rn•e intended to ensrn•e ongoing compliance with state riparian buffer audrorizalion orGerreral
Certi•Jicatiorr numbers as issued by the Division of Ihater Orrality. T/rese
coverrcnrts may not be chcnrged or deleted without the consent o~'tlre State.
2. No more than square feet of any lot shall be covered by structra•es or impervious materials.
hnperviorrs materials include asphalt, gravel, concrete, brick, stone, slate or similar material brrt do not include wood
decking or the water srnface of srvimm~ing pools.
3. Swales shall not be frlled irr, piped, or altered except as necessary to provide driveway crossings.
=l. Built-upon area in excess of the permitted rnnount requires a nrodifred water quality certification prior to corrstrrrctiorr.
5. All permitted rzrrrofJ•from outparcels or firtrrre development shall be directed into the permitted stormwater conb•ol
system. These conrrectiorrs to the stormwater control system shall be per fw•rned irr a nrarnrer drat maintains the integrity
and perfornrnrce of the system as per•rnitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable stormwater management supplement fonu(s) listed below must be submitted for each BMP specified
for this project. The forms are located on the 401/wetlands writ website.
Bioretention Worksheet
Dry Detention Worksheet
Level Spreader Worksheet
Grassed Swale Worksheet
Extended Detention Wetland /Pocket Wetland Worksheet
Wet Detention Worksheet
9/2004 Version I.0 Pagc 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the DWQ Central Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item. Initals
• Original and two copies of the Express Review Stonnwater Management Application ,~,/
• Signed and notarized Operation and Maintenance Agreement ~9
• Three copies of the applicable Supplement Form(s) for each BMP
• Application processing fee (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Three copies of plans and specifications, including:
- Development/Project name ~S wit, ~
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
-Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands and streams delineated, or a note on plans that none exist
-Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm)i~~TE~G~ t2w~25 ~ ~~ND '~.~w~~, /-~SSCe~A,~'~S
Mailing
it
city: EI k ~~ ~ State:A ,, ~Ziwp: ~r~ `~'
Phone: (~ ~I,' 1 2 ~'Z' ~tfl~ Fax: (~ r~~ ) ' ,y • S Z
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Informs lion, item 2) ./ONN W r'~F;LS~oN
certify that the information included on this application form is, to the best of niy knowledge, correct and that the project
will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants
will be recorded, and that the proposed project complies with the requirements of 1 SA NCAC 2H .1000
Date: <~2!/0~
9/2004 Version 1.0 Page 4 of 4

Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by DWQ)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may 6e photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
L PROJECT INFORMATION
Project Name: LOtvFs or% GJ,~rrE V1 u.~
Contact Person: ~~-LK ~~' [vr_-rz~ Phone Number: (~f-) Z-4Z - 60~Z
For projects with multiple basins, specify which basin this worksheet applies to: ~dN~ ~
elevations
Basin Bottom Elevation ~~ ft. (floor of the basin)
Permanent Pool Elevation ~-S ft. (elevation of the orifice)
Temporary Pool Elevation `fib ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area ~©, S~~- sq. ft. (water surface area at the orifice elevation)
Drainage Area J`- Z3 ac. (on-site and off-site drainage to the basin)
Impervious Area 4 ~22- ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA 1
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
24 , 2 /D cu. ft.
~~~ ~llo cu. ft.
~ ~D cu. ft.
~-: ~-
3 -~ in.
5 in.
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(approximately 20% of total volume)
(surface area to drainage area ratio from DWQ table)
(2 to S day temporary pool draw-down required)
~.~ % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a.
Rk M b.
(~~ N1 c.
~~i-~ d.
e.
~~~
~k-
IZ X ~
~\~N\
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The forebay volume is approximately equal to 20% of the basin volume.
The temporary pool controls runoff from the design storm event.
The temporary pool draws down in 2 to 5 days.
If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
£ The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does 0 does no incorporate a vegetated filter at the outlet.
This system (cheek one) 0 does 0 oes not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads ~ 2~ feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads ~~ ~ ZS feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
Ull in the blanks)
~ Permanent Pool Elevation ~~ • ~
Sediment Re oval El. ~ ~ ~ 75 °
----- ------- -- Sediment Removal Elevation ~' 2 ~ 75%
Bottom Ele ation~~'.2.$° ~ % ----------------------------------~~----- ------
Bottom Elevation~~ 25% /
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be .encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I aclaiowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party. .
Note: The legally responsible parry should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, IV~(,~11r0... ~' wll,~'f~'l , a Notary Public for the State of_N~7f1 G4fteu~y~4
County of ~~ , do hereby certify that _ ~E/9=f~7.~Ftl~i'
personally appeared before me this _ lt'; day of .1y~ltC , ,~, and acla~owledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
•.
~~~ NOTAI~,':2
•~ • ...
Ny ~••.. •••' V
-. F~ ••.......~ ~• ,-
SEAL
,..,..
My commission expires ~- Z ~~
Form SWU-102 Rev 3.99 Pale ~ of 4
Print name: ~~if ~r1,..4T1~12.~
Title: ~ ~t^SIL~-,N~'

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may 6e photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: ~-~.~Gb dT w~l ~~ ~i~c~ N. ~•
Contact Person: ~~ i~ ~ c,;< f2~ v~ ~~ Phone Number: ~~' ~•) Z ft 2 ' 6 ti ~Z
For projects with multiple basins, specify which basin this worksheet applies to: ~ ,tir7 ~~
elevations
Basin Bottom Elevation ~c~ ~`~• ft
Permanent Pool Elevation ~~' ~ ft
Temporary Pool Elevation ~~`~` `"~ ft
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge sd-ucture overflow)
areas
Permanent Pool Surface Area t ~, ,~ ~ sq. ft
Drainage Area ~ ~ ~~ ~- ac.
Impervious Area -~ = ~` ~ ac.
(water surface area at the orifice elevation)
(on-site and off-site drainage to the basin)
(on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume ~~", ~~ cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume Z ; ~~b cu. ft. (volume detained above the permanent pool)
Forebay Volume l3 ~ ~`~ ( cu. ft. (approximately 20% of total volznne)
Other parameters
SA/DAB ~~ ~~-- (surface area to drainage area ratio from DWQ table)
Diameter of Orifice ~• ~' in. (2 to S day temporary pool draw-down required)
~ f'~
Design Rainfall ~ • (-'S in.
r
Design TSS Removal ~ ..~ % (rrrinimum 85% required)
Form SWU-102 Rev 3.99 Pa~~e I of 4

Footnotes:
~ When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to detern~ine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
ftl~ a.
r~ ~ b.
~.k:~ (~°1 d.
- ~~F-~~
(~-k ~~°~
-'-K-~\
~~~~
~~
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The forebay volume is approximately equal to 20% of the basin volume.
The temporary pool controls runoff from the design storm event.
The temporary pool draws down in 2 to 5 days.
If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
Vegetative cover above the permanent pool elevation is specified.
A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
~~ I.
of-way.
If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
II1. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does does not ' incorporate a vegetated filter at the outlet.
This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay.
Form S W U-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads a feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads~`~ ~-5 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
~1/ in tl~e blanks)
0 Permanent Pool Elevation ~%~! E~
Sediment Rey oval El. ~~~ 75 0
__ Sediment Removal Elevation~~f~ 75%
------~ 2 ----~ ,o ~, o
Bottom Ele anon ~ ° _____________ ~ ___--_____-- 25%
Bottom Elevation ~ ~
FOREBAY
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay bern~.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Pale 3 of4

7. All components of the wet detention basin system shall be maititained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, ~ L~iJ ra ~~ Wa-f~a~ , a Notary Public for the State of _NoR7f! GaReuy~4
County of~~ , do hereby certify that _ ~~14=R,¢tlE2~'
personally appeared before me this ~~ day of ,. v~ ,, ?1,b7 , and ack?owledge the due
execution of the forgoing wet detention basin maintenance reduirements. Witness my 1?and and afficial seal,
~ •~ '•;cA
~.' NOTq~ :~2
- •.,
:p
i~~,~; ~$LOG..; ,
SEAL
,.,
My commission expires 2- Z ~
('orm SVJU-102 Rev 3-99 Page 4 of 4
Punt Warne: ~1=~ ~..4Tf~2•;
Title: ~>=:S~A°~-1-

Pre-Construction Notification
Proposed Lowe's Store
Whiteville, North Carolina
H&H Project No. JEM-034
June Z 1, 2007
1

L
1
ti Hart & glckmaIl
1
Hart & Hickman, PC
' 2923 S. Tryon Street
Suite l00
Charlotte, NC 28203
704
586-0007 phone
586-0373 fax
1

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ x-P ~ ~ " 1 ~ tO ~
(If any particular item is not applicable to uus project, please enter toot t~ppncame yr i~ir~ .~
' I. 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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: State General Permit
Number IWGP100000 Site construction work will begin in July or August 2007.
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 Ecosystem Enhancement Program (NCEEP) is proposed
r for mitigation of impacts, attach the acceptance letter from NCEEP, 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 ~~~
' 1. Owner/Applicant Information ~I~N 2 ~ 2007
Name: Jemsite Development LLC Attn: John Witherspoon __,,,-. _
~~ wAT~~ DUALITY
Mailing Address: 1608 Hwy221 N Jefferson NC 28640 ~~`!OSa'~ocrnrx~...___
' n tlrwiVCH
' Telephone Number: 336-846-7191 ext. 272 Fax Number: 336-846-1677
E-mail Address:
' 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: Matt Bramblett PE~See Appendix A for Agent Authorization)
Company Affiliation: Hart & Hickman PC
Mailing Address: 2923 S Tryon Street Suite 100 Charlotte NC 28203
Telephone Number: 704.586.0007 Fax Number: 704.586.0373
E-mail Address: mbramblett(cr~harthickman com

Updated ll/1/2005
Page 1 of 8

' III.

ii
C~
C
i
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 maybe 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: Proposed Lowe's Home Improvement Warehouse of Whiteville
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): All 5054, 3156, 3978, 2729, 6767, 1953, 8055,
8002 9643 0118 and 3151.
4. Location
County: Columbus Nearest Town: Whiteville
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
Take US-74 E towards Wilmington NC. Take the US-701 BYP exit toward Whiteville/
Clarkton and keep right at the fork. Turn Right on US-701 BYP. The subject site is located
near the southeast corner of the intersection of NC Highwa 130 Love Mill Road) and US
Highway 701 Business (S. Madison Street).
' S. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34° 18.08'N. 78° 43.01'W
' 6. Property size (acres): 14.21 Acres for Lowe's Development.
' 7. Name of nearest receiving body of water: Richardson Mill Pond or White Marsh Swamp~C,
Sw).
' 8. River Basin: Lumber River USGS HUC 03040203
(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: The current land use of the subject propert~s primarily
' residential and undeveloped wooded and cleared land. There are two paved access roads
Updated 11/1/2005
' Page 2 of 8

extending south across the site from Hwy 130E The current land uses on properties
' surrounding the subiect property are residential and commercial
10. Describe the overall project in detail, including the type of equipment to be used: The site
will be mostly Qraded with extensive cut in the upland portion of the site Heavy equipment
will be used for the site work.
1 1. Explain the purpose of the proposed work: The u ose of the ro'ect is to develo a
Lowe's Home Improvement Warehouse on the property The property shape and the
' topoQraphy dictate filling 0.77 acres of isolated wetlands for an access road to enter the
parking area and to facilitate a garden center for the Lowe's Home Improvement Warehouse
The road is needed for delivery truck circulation around the store
' IV. Prior Project Histo
J ~'
' 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.
The parties involved are not aware of prior jurisdictional determinations or wetlands permitting
on this site. H&H submitted information to the Coms and DWQ dated September 22 2006 and
a site visit was conducted by Liz Hair (Corers) on November 17 2006 Both the information
submitted and the site visit concluded that the site exhibits wetland criteria as described in the
1987 Corps Wetland Delineation Manual but does not connect nor is it adjacent to other U S
waters. It is considered isolated See Appendix B for a c~y of the Corps isolated wetland
' determination. The isolated wetland has been delineated and surveyed and are accurately
depicted on the plat dated March 23 2007. A copy of the wetlands surveyprovided in
Appendix C.
' 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.
The General Permit requested herein is the only foreseeable wetland permit needed for the
Lowe's development. A general construction permit has been obtained through DENR for the
' erosion and sediment control.
' 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. Each impact must be
' listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
Updated 11/1/2005
' Page 3 of 8

should 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 impacts proposed for this project are limited to the filling of an isolated wetland situated on
the North side of the property The filling is necessary for a road that provides access to the rear
of the .,proposed store and to facilitate a garden center for the Lowe's Home Improvement
Warehouse The road is necessary for truck circulation around the store. Because this is an
isolated wetland there is no connectivity to upgradient waters or ditches, the wetland will be
filled without impacting waters of the U S Therefore no provision for aquatic life passage is
proposed Wetland photos and wetland determination data form for this area are provided in
Appendix D
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Wetland Fill Forested No 1500 0.77

Total Wetland Impact (acres) 0.77
3. List the total acreage (estimated) of all existing wetlands on the property: 0.77 (Isolated)
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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 he included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name v
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet) Area of
Impact
(acres)
None

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 4 of 8

' S. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
None

Total Open Water Impact (acres)
6. List t:
he cumulative im act to all Waters of the U.S. resultin from the roject
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
0.77 acres of isolated wetland located on the subiect site will be filled. The fillins? is
necessary for a road that provides access to the rear of the proposed store and to facilitate a
garden center for the Lowe's Home Improvement Warehouse.
8. 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.): Two stormwater ponds with earthen dam/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond:
Cleared land
Size of watershed draining to pond: 8.07 acres to SWM "A" and 5.23 acres to SWM "B".
Expected pond surface area: 18,510 sq. ft. for SWM "A" and 10, 587 sq. ft: for SWM "B".
' VII. Impact Justification (Avoidance and Minimization)

Updated 11/1/2005
Page 5 of 8

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.
See Appendix E
' 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 January 15, 2002, 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 maybe 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 m order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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://h2o. enr.state.nc.us/ncwetlands/strmgide.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.
Based on the minor nature of the isolated wetland impact (0.77 acres. , no mitigation is
bronosed for the filling of the isolated wetland. This wetland ori>?inated from a historical
excavated soil borrow area.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
' additional information regarding the application process for the NCEEP, check the NCEEP
Updated 11/1/2005
Page 6 of 8

website at http•//h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
' check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
' Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
' 1. Does the roject involve an expenditure of public (federaUstate/local) funds or the use of
p
public (federaUstate) land? Yes ^ No
' 2. If es does the ro'ect re uire re aration of an environmental document pursuant to the
Y p J q p p
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 ^
3. 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.
' 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Tar-Pamlico)? Yes ^ No
i
2
If "yes", 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
(s uare feet) Multiplier Required
Miti ation

Total
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Updated I l/1/2005
Page 7 of 8

Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
' within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
' Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Based on AutoCad drawing calculations, the
proposed impervious area is proximately 70%. The existing impervious area is close to 0%.
Two wet stormwater ponds will be installed: SWM "A" and SWM "B". SWM "A" will be
placed behind the store to control runoff from drainage area 1 which consists of the building and
rear access area SWM "B" will be located in front of the parking area and is split into two
' sections connected by reinforced concrete pipes SWM "B" is designed to control runoff from
drainage area 2 and 3 which consist of the parking, area.
' 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.
The wastewater will be ray fed to a municipal system treated by the City of Whiteville.
' 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. Cumulative Impacts (required by DWQ)
' Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
impact is verbminor and there are no Waters of the U.S. on the subject property.
XV. 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, accessibil,~ty„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.)
Updated 11/1/2005
' Page 8 of 8

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QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT
PROPOSED COMMERCIAL DEVELOPMENT SITE
WHITEVILLE, NORTH CAROLINA
ti Bart & HiekmaIl 2923 South Tryon Street-Suite 1D0
Charlotte, Notth Carolina 28203
A PROFEHHIONAL CoRPORATON 704-586-0007 (p) 704-586-0373 (E)
DATE: 4-3-07 REVISION NO: 0
JOB NO: JEM-034 FIGURE NO: 1

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A PROFESSIONAL CORPORATON 704-SH6-(MN)7 ~~ ~J)<{_SR6-03~.) ~~
DATE: 6-20-07 REVISION NO: 0
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-

TITLE
1999 AERIAL PHOTOGRAPH
PROJECT
PROPOSED LOWE'S SITE
N WHITEVILLE, NORTH CAROLINA
~ gart & HlekmaIl 2923 South Tryon Stteet-Suite 1(10
Charlotte, North Cazolina 28201/q
A PROFESSIONAL I'iORPORAIION 7()4-5$()-~x)7 ~~ 7~k1-5R(i-()37.1 1`/
SCALE 1" = soo~ DATE: 6-20-07 REVISION NO: 0
JOB NO: JEM-034 FIGURE NO: 7

Appendix A
Agent Authorization
Hart & Hickman, PC

AGENT CERTIFICATION OF AUTHORIZATION

1
I, W~Niy~ZS~N, representing Jemsite Development, LLC (Jemsite), applicant and
potential developer of the project site located on approximately 14.21 acres and situated
southeast of Highway 130 and Highway 701 in Whiteville North Carolina. Lowe's
Home Centers (Lowe's) has a written agreement with the various property owners to
perform environmental testing and permitting on this project. The isolated.wetland is
located on a 2.0 acre parcel owned by S.P. Stanley (Deed Book 281, Page 775). Jemsite
Development LLC has a written contract with Lowe's to develop a home improvement
store on this property. By this Certification of Authorization, Jemsite has authorized Hart
& Hickman, PC to act on the applicant's behalf and take all actions necessary to the
processing, issuance, and acceptance of the wetlands jurisdictional determination and
permits for this project.
pli a is si ture
6/2Q/o7
Date
6.a ~ N 1~ ..IL!,
y
~ .i ail L i i ' ~
Nl$ ~~ 1 ~ -
..r I° h~ '.~..
'
F Y -

. ,..c. i. . ~ ~. 4d.1. 1
Agent's signature
June 20, 2007
Date
S:1AAA-Master ProjeclsUemsite DevelopmentUEM-034 Whileville\Wa~artds PermitlinglAGENT CERT.doc

Rug t]4 Ota 12: 39p William D. Ford
t38l84l~E186 12; 0d 91.0-6d2-7Q96
2d4ts-~5-31 15:31
704-333-2877
PRF..MI~ REAL. ESTATE
33ts-b5~-z113 » 9191fl~42~49~
S~ar~nt+~y Investrreents, t.tt„
315 Wstasl~tngfon 5tre@t
l~? 800 7,25
PAGE 0?
P 215
' itE; Z.0 Ades In Whltevi!!e, Kt
Deer Mrs $tenl4y:
3n ca~slderatian of Lawa's lnta'est in consltrer3ng the purchase of approtnnwtely 7.d saes
ioruted at Ni~hway 130 a»d wgl~,-ayr 7g1(end further de~indd and outlined a~n the attached
lE~dbtt "J1"), artd Your Irttec+est to sung this ~rop~#y,lawe's must 6e able- G3 pe+fiCrm Cel'titrn
' test which Include, twt are not turNt~ed to, soli, enutnpntnentaf and wltfand dents fur the
purpt>se of de6errMttiing whether the property is suitable for Development end use as b l..a~ve's
Marne 1`~ravemeni Cehfaer.

']itb; letfler c4nllrms vur dgr~eltlEnt f11st Low~t's .has the right tt+ enter tt+e pnaperty shown un
Eadtibit "A" for the purposQ of v~rfoemtng er-Y end ett Uests deemed necessary by tome's.
t:owe's agrees to hvM You hatmiels prom tiny eatid ~I damages or in}urtes sutlierr~d by tht~
Oartles es a aesU!t of towel entry and ecttvltj- on the property, iAwe'S further agrees to use
ream eA'orts #o disturb the ~ ay little as passible ('yrw :e~be that some brush one
s-ms!t trees maY hatre to be cut2, and to ~casoraaaly restore any damage it may cause.
Please litdl your agmernent by signlr~g below, on the copy proukled h~rew~th, snd return
tie same to the undersldned,
sinc:erety,
A1tac:hmer,t
^
AgR~ft~p and AGGi4Pt'gD tt)is,l,.l` day of ~l~~i;----~..... X006
.Q•~a.,~~.~......L~'
~r ~. 1lJlnttY $ rileY .
p.4

1
I'~

Appendix B
U.S. Army Corps of Engineers Notification of Jurisdictional Determination
1
1
1
1
1
1
1
1
1
Hart & Hickman, PC

~~ 07- IDtol
' U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-41464 County: Columbus U.S.G.S. Quad: Whiteville
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
' Property Owner: Ms. Juanita Stanley
Address: Stanley Investments, LLC
315 Washington Street
Whiteville, NC 28472
' Agent: Mr.' Malt liigles
Address: Hart & Hickman
2923 South Tyron Street, Suite 100
' Charlotte, NC 28203-5449
Property description:
Size (acres) 11.26 Nearest Town Whiteville
Nearest Waterway Lumber River River Basin Lumber
USGS HUC 03040203 Coordinates N 34.3027 W 78.7180
Location description The lot is located approximately 300 feet southeast of the intersection of Hiehwav 130 and
' Highway 701 in Whiteville, Columbus County, North Carolina.
Indicate Which of the Followin~Apply:
' ,~1,•, Preliminary Determination
Based on preliminary information, there maybe 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 fmal, 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 CPR Part 331).
' B. Approved Determination
There aze 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 maybe relied upon for a period not to exceed five years from the date of this
notification.
' _ T'lrere are waters of the U.S. including wetlands 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 maybe 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. Por a more timely
' delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property 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 3/23/2007. Unless there is a change in the law or our
published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
' notification.
1

~I
LJ

L

There are no waters of the U.S., to include wetlands, present on the above described property which aze 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 maybe relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the ZO Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA}. You should contact the Division of Coastal Management in Wilmington, 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 Ms. Kimberly Garver at 910-251-4482.
C. Basis for Determination
' This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual but does not connect nor
is it adiacent to other Waters of the United States and is therefore considered isolated. This determination is based on
information submitted by Hart & Hickman on 9/22/06 and a site visit conducted by Liz Hair, Corps Reeulatorv
Personnel, on 11/17/OG.
D. Remarks

0

E. Appeals Information {This information applies only to approved jurisdictional determinations as indicated in
13. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
detemmination, 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
detemmnation you must subnut a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlazrta, 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 h_as been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA~ ' , tttq , be received at the above address by 5/23/2007.
**It is not necessazy to
correspondence.**
' Corps Regulatory Offi~
Date 4/6/07

:not object to the determination in this
:Date 4/12/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
http://www.saw.usace.army.rruUWETI.ANDSlindex.htrnl to complete the survey online.
Copy furnished:
Noelle Lutheran, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405

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~_, _ --

1

D

1
Appendix D
' Wetland Photographs and Wetland Determination Form

Hart & Hickman, PC

1

i~
i~
ii
ii
i~
~~

0
w
~^/,, gart & gick~a~ 2923 South Tryon Stree[-Suite 100 PROPOSED COMMERCIAL DEVELOPMENT SITE
Charlotte, North Carolina 28203 WHITEVILLE, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704-586-0007 704-586-0370
Photograph 1: Site pond/excavated wetland area along the western property boundary.
Photograph 2: Wetland located in the western portion of the site.

,1--/f~t+a N/J
DATA FORM ~-
ROUTINE WETLAND DETERMINATION
(1987 CIQE Wetlands Delineation Manual)
ProjectlSite: Date:
Applicat rt/Owner: ; ~~.: ' County: ;: ,*>~ :.~
investigator: ~ State:
Do Norma! Circumstances exist on the situ Yes toto - Community iD:
is th® site significantly disturbed (Atypical Situation)? `des No Transact ICt:
is the area a potentia.I Prablem Area? `ayes into PiQt 61~:
(If needed, a gain on reverse.
\/EG ETATIn N
Dominant Plarit Spsctes Stratun•i tn~cator Gomtnant Ptant Species Stratum a pr
~. - 9.
z. to.

a. ~ a~.
5
. _ i 3.
.
t1• t Y.
9. t~
_,
fl. ~ ~ S.

Percenk of Cromtnant Species that are OBL, FACNP or FAC
excludln FAC- .
Remarks:
t~-t`~GRC3~.t:~CY
,_.._ Recordad t)ata (GescriiDe "tra €~srnari;}e
._,_ vtrean:, lake, r~r `Cide Gauge
Aeria! Pholograp+hs
®_ 0 !her
.~,.. f~io Recorded ®atix Avasllabte
Field Obs6rvationso
t~apth t,f Suiiaco Vetere
~tpth fu t°rob V:'g;terr i+ Pit:
t~uptia to .utureted Soil:
_.~..~.~..._liai.)
~~..._.~._..ilri.,
._ ~in.i
!~~ etiaiad H«draifogy ka©icators:
Prirr~ar}~ lr,dicators;
__ tnuradaled
~,_ Satura.l€,d Ira Upper to triehes
ov, W afar katarks
drift lines
SeiiimentDeposits
_~ i7rainag® Pattenas in lNella..nds
Seecr+dary indicators (2 or more reeluirod):
~a Oxidized RooB Channels Ira tJtjpsr e2 l+achiis
~. Water-5[atnecr leaves
!.peal Soli Survey Gata
FFG•htetstral aril
~m Other (Explain Ira Ftena arE:s~
II Ftemar4:se

` OF
SC?(1..~
trap IJnft tJame ~ Gydd$ /~/ SA ~ ~,*-, ~,
L
(Series and Phase): ;'~ c-t?SGo Ff~~~E ~ F c~'v E ai :. _ ", ~~? 'S ,~,.~. , r
r ~ " " Drainage Class:
Taxono , ~_y; ~'~~~ r' `-- -'e`.®r' ~c ~ ~ Field Observatlons ;-~~
my (Subgroup): ~ a c ~ ~ ;~ ~u~ r~ ~- P,~ , ~ /G ut > ~ ~ ,
Confirm Mapped Type? Yes No
Rrofile Qescrlption: ,
Depth Matrix Color Mottle Colors Nfottie Abundance/ Teadure, Concretions,
finchesl E~2t~.L__ tlutLmsell I~tofat)~ ~Il~eii Mc-stl S~Csntra~t
~_ ;~Tu_re, sic
Ftydrtc Sofl indicators:
4
____ t-i'stosol • `' =
[oncratfons
_. Fistic Eptpedon
Suttidic Odor ~
~ f~gh Organic Content In Surface Layer in Sandy Soils

Aqufc Moisture Regime ~ Organic Streaking in Sandy Soils
_ Listed on Local liydrfc Soils List
s_ Reducing Conditions
__,_ Gleyed or Low-Chrorr~ Colors ~ Listed on t~lational Ftydrtc Soils 1Jst
~_ Other (F~lain in Remarks)
k~emarks:
~c°~®aE-e~~)v~~r~~~°re~~
Eiy~drophytic Gregetation Presente' Vos tdc (Circle)
Wetland HycleotogyPresenttl 'res {~o
tiydrtc Soils Present? :'es tQo
Renaart:e:
(Circle)
is this Semplinca Paint 4~ithin a ~YeBPand? Yes trio
•
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~~ ~
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i

i
C

L
0

Appendix E
Avoidance and Minimization
Hart & Hickman, PC

u
' Appendix E
Avoidance and Minimization
Proposed Lowe's of Whiteville
H&H Job No. JEM-034
' Avoidance
The proposed development is located in an expanding commercial area just south of Whiteville
' city limits. The site is located approximately 300 feet southeast of the intersection of Highway
130 and Highway 701 in Whiteville, Columbus County, North Carolina. The property covers
' 14.21 acres. Lowe's has considered and evaluated other potential properties in the area for
development of a proposed Lowe's store. However, properties or property assemblages of this
' size are difficult to find and purchase when they front major roads and intersections. The zoning
must also match the proposed retail land use. No alternative properties were identified that meet
' Lowe's criteria. Specifically, this property is uniquely situated at a major intersection. An
alternative site that was considered was not situated at an intersection and also contained
' significant potential wetlands that would have been filled.
' Undeveloped lands in this area that occur over this amount of land often have streams and/or
wetlands located on the property. The subject development is proposed on a property that
' includes an isolated wetland near the southwest corner of the property boundary. This wetland is
isolated and does not connect to upgradient waters or ditches. It will be filled without impacting
' Waters of U.S. Further, this wetland originated as a man-made excavation for a soil borrow area.
' Minimization
' Due to the size of the subject property, impacts to the isolated wetland cannot be avoided. The
tight .site fit makes it impractical to reposition the proposed Lowe's Home Improvement
' Warehouse to any other location on the subject site. To manage stormwater and protect
downgradient waters, two stormwater management wet ponds will be used. During site
' development, good erosion control practices will be followed and extensive silt fencing will be
used on the construction site perimeter.
~ '