HomeMy WebLinkAbout20071114 Ver 1_401 Application_20070707j , •
LETTER OF TRANSMITTAL
S&ME, Inc
3118 Spring Forest Road (27616)
P.O. Box 58069
Raleigh, NC 27658-8069
(919)872-2660 Fax (919)790-9827
Ms. Cynthia Van Der Wiele
401/Express Review Oversight Unit
2321 Crabtree Blvd. Suite 250 y
Raleigh, NC 27604
WE ARF, SENDING YOU
^ Letter
^ Pronosal
ENGINEERING =TESTING
ENVIRONMENTAL SERVICES
Attached ^ iJnder separate cover via
^ DraR Renort ^ Plans
^ Chanee order ~
COPIES DATE NO. DESCRII'TION
5 7/2/07 Cover Letter, PCN Application, Figures and Plans including Road Crossing.
--- - --
I 1 ~ 712/07 Check ~3 i.a4 dated 8/28/g7 in the alTlourlt at ~2,000.~`
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THESE ARE TRANSMITTED as checked below:
® For annroval
^ For your use
^ As requested
^ For review and comment
^ FOR BIDS DUE
REMARKS
Please call if you have any questions.
Best Regards,
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COPY TO Rossie Corwon, P.E.
SIGNED: ~ C~~""
John R. D ~s, Jr.
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY USA ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally privileged. The information is
intended only for the use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution or the taking of any action in reliance on these documents is strictly prohibited.
DATE. JOB NO.'
Jul 2,2007 1588-06-042
ATTENTION:
Ms. C nthia Van Der Wiele
RE
Oxford Retail Site Buffer Permit
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the followine items:
^ Photoeranhs ^ Snecifications
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~SBcME
July 2, 2007
North Carolina Division of Water Quality
401 Oversight/Express Review Permitting Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Attention: Ms. Cynthia Van Der Wiele
Reference: Express 401 Certification/Buffer Authorization PCN
Oxford Retail Site
U.S. Highway 15 & Herbert Henley Road
Oxford, NC
S&ME Project No. 1588-06-042
Dear Ms. Van Der Wiele:
S&ME, Inc. (S&ME) would like to submit an application for Express Review permitting associated
with proposed impacts to waters of the U.S. and Tar-Pamlico riparian buffers for the above
referenced project. S&ME is working on behalf of Oxford Retail Investment, LLC who will be
considered the applicant for this permit.
Please find enclosed the following:
• A completed Pre-Construction Notification (PCN)
• Letter of Authorization to Act as Agent
• Vicinity Map (Figure 1)
• USGS Topographic Map (Figure 2)
• 1998 Aerial Map (Figure 3)
• Utility Plan (Sheets 1-2) ,
• Grading Plan, Site Plan, SS Exhibit, Survey Plan (Sheets 1-3)
PROJECT BACKGROUND
For purposes of this PCN, the subject property is referred to as Oxford Retail Site. The site is an
approximately 40-acre farm located east of U.S. Highway 15 and north of Herbert Henley Road
in the City of Oxford, Granville County, North Carolina.
S&ME, INC. / 3201 Spring Forest Road /Raleigh, NC 27616 / p 919.872.2660 f 919.876.3958 / www.smeinc.com
Express 401 CertificationBuffer Authorization S&ME Project No. 1588-06-042
Oxford Retail Site - U.S. Hiehwav 15 & Herbert Henlev Road Julv 2 2007
Provided below is a list of pertinent information relating to the site and permit applicant:
Applicant:
Contact:
Mailing Address:
Telephone Number:
Address of Project:
Size of Property:
Closest Waterway:
River Basin:
County:
Coordinate Location of Site:
USGS Quadrangle
SITE CONDITIONS
Oxford Retail Investment, LLC
Managed by WRS,Inc.
Mr. Scott Smith
2361 South Centennial Avenue
Aiken, South Carolina 29803
803.649.1411
Herbert Henley Road
Approximately 40-Acres
Hackers Run
Tar-Pamlico
Granville
36.2797 °N, 78.6050 °W
Oxford, N.C. (1981)
This site is an old farm consisting of approximately 40 acres. Approximately two thirds of the
site is open agricultural fields and the remaining portion is woodland. A farm house is located in
the north central portion of the site with several farm buildings nearby. A small farm pond has
been drained along the southern boundary adjacent to Herbert Henley Road. A corridor for the
proposed installation of utility lines will run southward from the 40-acre tract along the east side
of US Highway 15 to the existing City of Oxford pump station approximately 1,400 feet south of
Herbert Henley Road.. This corridor will be located within a NCDOT right-of--way until it
reaches the stream crossing location. The corridor near the stream crossing is wooded and
consists of predominately pawpaw trees (Asimina triloba) and some mature hardwoods.
p.2
Express 401 Certification/Buffer Authorization S&ME Project No. 1588-06-042
Oxford Retail Site - U.S. Highway 15 & Herbert Henley Road July 2, 2007
ON-SITE JURISDICTIONAL AREAS
S&ME wetlands professionals conducted a field delineation of the subject site in February, 2006.
Jurisdictional wetlands have been located in the bottom of a small drained farm pond and
verified with the USACE. In June 2007, S&ME conducted a field delineation along the proposed
utility line corridor and flagged a portion of Hachers Run along with an adjacent riparian
wetland.
PROJECT DESCRIPTION
The proposed retail center, retail shops and associated outparcels will be sited on high ground
and impacts to streams and wetlands will be avoided. The only impacts will be for installation of
water and sewer utiliTy lines along U.S. Highway 15 that will cross Hachers Run. See sheet C-
001 for the location of proposed structures in relation to the jurisdictional areas.
PROPOSED JURISDICTIONAL IMPACTS
Based on S&ME's fmdings, jurisdictional waters will be impacted temporarily in one location.
Approximately 35 linear feet of temporary impacts to waters of the U.S. are proposed based on a
35 foot corridor for the installation of the utility lines. The stream's dimensions will be restored to
the original contours, to the greatest extent practicable after the installation.
Approximately 3,500 square feet of impacts to the Neuse River Buffers are proposed. This
includes approximately 2,100 square feet of impacts to Zone 1 and approximately 1,400 square
feet of impacts to Zone 2.
No jurisdictional wetland impacts are proposed for the installation.
PROTECTED SPECIES AND CULTURAL RESOURCES
Based on our review of U.S. Fish and Wildlife Service listings, two annual plant species and two
animal species with a federal status of threatened or endangered are known to occur in Granville
p.3
Express 401 Certification/Buffer Authorization S&ME Project No. 1588-06-042
Oxford Retail Site - U. S. Hiehwav 15 & Herbert Henlev Road Julv 2 2007
County, NC. Based on our Protected Species Assessment, the development of this site should
have no effect on the Bald eagle or the Dwarf wedgemussel since there are no suitable habitats
for these species. No specimens of the Smooth Coneflower (Echinacea laevigata), were
observed in its likely habitat areas at this site on the date of our field review and potential habitat
for Harperella (Ptilimnium nodosum) no longer exists at the site.
AVOIDANCE AND MINIMIZATION
The proposed utility route has been designed to cross the stream at a right angle (between 75 and
105 degrees) to avoid and minimize impacts to the stream, wetlands, and riparian buffers.
Although wetland impacts have been avoided, the installation of utility lines do require
impacting an area of the riparian buffer approximately 35 feet parallel to the stream bank and 100
feet perpendicular to the stream bank.
REGULATORY CONSIDERATIONS
Appropriate sediment and erosion control practices equaling those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" shall
be in full compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices in order to comply with the appropriate
turbidity water quality standard. Sediment and erosion control measures placed in waters will be
removed and the original grade restored within two months after the Division of Land Resources
has released the project. Impacts have been avoided and minimized, and appropriate measures
will be taken during construction to allow flow and circulation patterns of waters of the U.S. to
remain unaffected
MITIGATION
Compensatory mitigation may not be required for this project since the impacts are minimal and
avoidance and minimization efforts have been undertaken in the planning process.
p.4
Express 401 CertificationBuffer Authorization S&ME Project No. 1588-06-042
Oxford Retail Site - U. S. Hiehwav 15 & Herbert Henlev Road Julv 2. 2007
By copy of this correspondence and completed PCN, we are requesting your written concurrence
with this riparian buffer authorization permit application. If we can provide additional
information or answer questions you may have, please feel free to contact us at (919)872-2660.
Sincerely,
S&ME, Inc.
~~ ~1 ~ key r'C ~ /~
Melanie McKinney L.S.S.
Natural Resources Professional
~/ ~ c
hn R. Davis, Jr. L.
Natural Resources Project Manager
Attachments:
cc: Mr. Scott Smith, WRS, Inc.
Ms. Rossie Corwon, WRS, Inc.
Mr. Mike Lukus, Freeland & Kauffinan, Inc.
p.5
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~~ ~ ~ ~ I 1 1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
~pA~r_.
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:
Request for Riparian Buffer Authorization
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
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
Owner/Applicant Information
Name: Oxford Retail Investment, LLC
Managed by WRS, Inc.
2361 South Centennial Avenue
Aiken, South Carolina 29803
Contact: Scott Smith
Telephone Number: 803.649.1411 Fax Number: 803.642.5908
Email Address: ssmith@wrsrealty.com
2. AgentlConsultant 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: Melanie McKinney
Company Affiliation: S&ME, Inc.
Mailing Address: 3718 Old Battleground Road
Greensboro, North Carolina 27410
Telephone Number: 336.288.7180 Fax Number: 336.288.8980
E-mail Address: mmckinney@smeinc.com
Page 5 of 14
III. Project Information
Attach a vicinity map cleazly showing the location of the property with respect to local
landmazks 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 lazger 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 aze provided.
1. Name of project: Oxford Retail Site
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not a NCDOT Project.
3. Property Identification Number (Tax PIN): 9642-43-0763-00
4. Location
County: Granville Nearest Town: Oxford
Subdivision name (include phase/lot number): No subdivisions are proposed.
Directions to site (include road numbers/names, landmazks, etc.):
From the Raleigh take US 70 West to merge onto I-85 North towards
Henderson/Petersburg, Take the US-15 Exit, Take left onto US-15 at end of ramp,
Continue north on 15 for 0.6 mile, Turn Right onto Herbert Henley Road. The project
site is located north of Herbert Henley Road, beyond several residential homes.
5. Site coordinates, if available (UTM or Lat/Long):
(For lineaz projects, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
Project Location: 36.2797 °N, 78.6050 °W
Proposed Utility Line Stream Crossing: 36.2747 °N, 78.6073 °W
6. Property size (acres): The project area is approximately 40 acres.
7. Name of nearest receiving body of water: Hachers Run (current classification C;NSW)
8. River Basin: Tar-Pamlico, TAROT Subbasin, Stream Index #28-11-3-(2)
Page 6 of 14
(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/.)
Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:
This site is an old farm consisting of approximately 40 acres. Approximately two thirds
of the site is open agricultural fields with the remaining being forest land. A farm
house is located in the north central portion of the site with several farm buildings
nearby. A small farm pond has been drained along the southern boundary adjacent to
Herbert Henley Road. The general land use in the vicinity of the project is rural
residential with some commercial properties near Interstate 85.
9. Describe the overall project in detail, including the type of equipment to be used:
The applicant is pursuing the development of an approximately 40-acre tract for
construction of a 148,796 square foot retail center with 36,400 square feet of retail shops
and three outparcels, each 1.4 acres in size. In order to provide the retail development
with necessary utility services, a sanitary sewer line and water line are proposed to be
installed south of the 40-acre tract along the east side of US Highway 15. The 8" sewer
line will connect to the existing City of Oxford pump station approximately 1,400 feet
south of Herbert Henley Road. The 8" water line will extend southward an additional 100
feet (approximately) and tie into an existing water line.
The utility line corridor will be located within NCDOT right-of--ways with the exception
of the stream crossing location. Installation of the utility lines will result in
approximately 45 linear feet of temporary impacts to Hachers Run and approximately
4,473 square feet of Tar-Pamlico riparian buffer impacts (based on an approximately
40-foot wide corridor). The utility lines will be installed using heavy equipment and the
stream channel will be returned to its original dimensions to the greatest extent
practicable when the installation is completed.
10. Explain the purpose of the proposed work:
The temporary impacts to Hachers Run are necessary in order to provide water and
sanitary sewer services to a proposed retail development.
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,
Page 7 of 14
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules
S&ME has completed a jurisdictional delineation of the drained pond bottom on the
Oxford Retail Site and obtained concurrence with the USACE after Eric Alsmeyer with the
USACE visited the site in March 2007. Futhermore, S&ME met Lauren Cobb with the
NCDWQ onsite March 21, 2007 for a NCDWQ Buffer Determination of the pond.
In June 2007, S&ME completed a delineation of the proposed utility line corridor at the
proposed crossing area of Hachers Run.
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.
We do not anticipate that the proposed project will result in future impacts to
jurisdictional areas beyond those described in this application, or require additional
USACE or DWQ permits.
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)
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:
Approximately 45 linear feet of stream is proposed to be impacted temporarily by
placement of two 8" diameter pipes for water and sanitary sewer services.
Approximately 4,473 square feet of Tar=Pamlico riparian buffers are proposed to be
impacted during the installation based on a 40-foot utility line corridor.
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,
separately list impacts due to both structure and flooding.
Page 8 of 14
There are no wetland impacts.
Wetland Impact Located
Site Number Type of Wetland within Distance to Area of
(indicate on Type of Impact (e.g., forested, marsh, 100-year Nearest Stream Impact (acres)
map) herbaceous, bog, etc.) Floodplain (linear feet)
es/no)
N/A N/A N/A N/A N/A N/A
3. List the total acreage (estimated) of all existing wetlands on the property:
Approximately 0.41 acres of jurisdictional wetlands located on the 40 acre property.
No impacts are proposed to the wetlands.
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 be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Impact Area of
Number
~ Stream Name Type of Impact
Intermittent? Stream Width Length Impact
mdicate on ma
(
) Before Im act linear feet (acres)
Temporary
Stream Impact Hachers Run Tem or
p ~' Perennial
12 ft.
45 l.f.
0.01 ac
Total Stream Impact (by length and acreage) 45 l.f. 0.01 ac
5. 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.
There are no oven-water impacts
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma) ocean, etc. (acres)
N/A N/A N/A N/A 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01 ac
Wetland Impact (acres): None
Open Water Impact (acres): None
Total Impact to Waters of the U.S. (acres) 0.01 ac
Total Stream Impact (linear feet): 451.f.
Page 9 of 14
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.
No Isolated Waters
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
Pond Required for Stormwater Management
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater Requirement
Size of watershed draining to pond: 37.45 acres
Expected pond surface area: 3.81 acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
fmancial 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 proposed project has been designed to avoid impacts that are not necessary to facilitate
its economic viability. These avoidance measures resulted in no proposed impacts to wetlands,
limited riparian buffer impacts, and temporary impacts to waters of the U.S. The utility corridor
has been designed to cross the stream at a near perpendicular direction (between 75 and 105
degrees). Directional boring has been considered for the project, however it was determined
unpractical based on its economic cost and small area of accessibility onsite.
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.
Page 10 of 14
USAGE - 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 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 USAGE 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.
Impacts have been avoided and minimized to the extent practicable. Appropriate
mitigation for the proposed project includes avoidance and minimization procedures
implemented during the design phase of the proposed project.
We do not anticipate that our client will be required to provide additional
compensatory mitigation since avoidance and minimization efforts have been
undertaken in the planning process, and only temporary impacts to waters of the U.S.
are limited to 451inear feet of impacts. There are no project-wide wetland impacts, and
stream impacts are below the 1501inear feet threshold above which requires mitigation.
Impacts to Tar-Pamlico riparian buffers are limited to approximately 4,473 square feet
and it is our understanding that the activity is allowable without mitigation based on a
review of the Table of Uses in 15A NCAC02B.0259 (6).
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
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are willing 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
Page 11 of 14
website at httn://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): Not Required
Amount of buffer mitigation requested (square feet): Not Required
Amount of Riparian wetland mitigation requested (acres): Not Required
Amount ofNon-riparian wetland mitigation requested (acres): Not Required
Amount of Coastal wetland mitigation requested (acres): Not Required
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. 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 (919) 733-5083 to review current thresholds for environmental documentation.
3. Yes ^ No ^ NO NEPA/SEPA DOCUMENTS ARE REQUIRED
4. 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 )? Yes ® No ^
Tar-Pamlico Riparian Buffers
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.
Page 12 of 14
Zone* (s Hare feet) Multiplier Mitq a ion
1 2,703 ----- -----
2 1,770 ----- -----
Total 4,473
cone i extenas out su teet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
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
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
N/A
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.
Approximately 63% of impervious area is proposed for the retail development. A
stormwater management plan is currently in review by the City of Oxford and a
stormwater plan drawing is included as part of this application.
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 subject property will be connected to existing municipal 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. 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:
Page 13 of 14
The project does not provide access to otherwise inaccessible properties and is not likely to
result in cumulative impacts to downstream water quality.
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, accessibility problems, or other issues outside of the applicant's control).
~-
Ap ant/Agent's Signature Date
(Agent's si afore is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
S8cME
AGENT AUTHORIZATION FORM
Date: 3une 21, 2007
Project Information
S&ME Project Name: Oxford Retail Site
Type of Project: Express Review Permitting for Section 401 & Riparian Buffers
Location: U.S. Highway 15 & Herbert Henley Rd. -Oxford, NC
Property Owner/Representative Information
Nye; Oxford Retail Investrnent, LLC; Managed by WRS Inc.
Mailing Address: 2361 South Centennial Avenue
City, State, Zip Code: Aiken, South Carolina 29803
Telephone No. (803} 649-1411
Contact: T. Scott Smith, V.P., VVRS Inc
Agent Information
Business Name: S&ME, Inc.
Street Address: 3718 Old Battleground Road
City, State, Zip Code: Greensboro, NC 27410
Telephone No. (33b) 288-7180
Contact: Ms. Melanie McKinney
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Authorization: I ~ on behalf of
(Con ct Signature
_Uxford Retail Investment, LLC _hereby authorize
(Name of Landowner or Represen#ativej
S&ME to act as agent with the USACE in connection with the
above-mentioned project.
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