20140849 Ver 1_401 Application_20140814

WITHERS &' RAVENEL
ENGINEERS I PLANNERS 1 SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: NC Division of Water Resources
512 N. Salisbury Street; 9th Floor
Raleigh, NC 276o4
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
LETTER OF 7° ° NSWTTAL
DATE 8/6/1
)-0 N0. 021302 2.00
ATTENTION Ms. Karen Higgins
PHONE#
919-807-6363
RE: Restaurant Depot — Cary, Wake Count
NWP 39 PCN Submittal
021 02 2.00
NWP 39 PCN
1
8/6/14
021 02 2.00
❑ Under separate cover via
❑ Plans ❑ Samples
❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
5
8/6/14
021 02 2.00
NWP 39 PCN
1
8/6/14
021 02 2.00
$240 Check for Application Fee
1
8/9/14
021302 2.00
CD of Submittal
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
REMARKS:
COPY TO: File SIGNED: Troy Beasley
If enclosures are not as noted, kindly notrfy us at once.

WITHERS RAVENEL
August 6th, 2014
US Army Corps of Engineers
Regulatory Field Office
Mr. David Shaeffer
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
ENGINEERS I PLANNERS I SURVEYORS
NC- Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
Re: Restaurant Depot — Gateway Centre Blvd — NWP 39 PCN Submittal
Corps AID# SAW -2014 -01230
DWR Proj # NBRRO #13-317
W &R Project #02130292.00
Dear Mr. Shaeffer and Ms. Higgins,
On behalf of Republic Property Company, we are requesting authorization from the USACE to
use NWP 39 for 0.3o acres of permanent wetland impacts for construction of the proposed
project. We are also requesting a 401 WQC from NCDWR for the above referenced impacts.
The project is ±9.25 acres in size and consists of two parcels (PIN 0756848107 &
0756930835) located at 3801 & 3901 Gateway Centre Blvd, in Cary, Wake County (Latitude:
35.848852 1N; Longitude: - 78.80124"W). The project is located in the Neuse River basin
(HUC 03020201) and the site drains to Brier Creek. The Water Quality Classification for Brier
Creek is C; NSW and the Stream Index Number is: 27-33-4•
Proposed Proiect
The proposed project consists of the construction of a Restaurant Depot, which is a
wholesale food equipment and supply business that sells exclusively to restaurants. The
project will consist of the construction of a 59,613 sq ft warehouse sales building, parking, a
perimeter road for tractor trailer access, stormwater management facilities and utilities.
Proiect Histo
Onsite wetlands were delineated by Withers and Ravenel in June 2014 and a Preliminary JD
Request was submitted to the Corps on June 30, 2014. David Shaeffer with the Corps of
Engineers conducted a site visit on July 8, 2014 for the Jurisdictional Determination (SAW -
2014- 01203). We are requesting issuance of the Preliminary JD in conjunction with issuance
of the NWP 39•
NCDWR issued a formal Buffer Determination for the site on October 30, 2013 (NBRRO #13-
317)• A copy of the Buffer Determination Letter has been provided as an Appendix.
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
www.withersravenet.com I License No. C -0832

Restaurant Depot — Gateway Centre Blvd — Cary, Wake County
Proposed Impacts
The proposed impacts consist of 0.3o acres of permanent wetland impacts for construction
of the proposed project. The proposed wetland impacts will result from the construction the
associated parking area, as well as the perimeter road. The primary function of the
perimeter road will be for tractor trailer access to the rear of the building for deliveries and
shipments. The perimeter road will also separate the tractor trailer traffic from the customer
traffic to minimize safety issues.
Please note that while it appears that the construction of the northern BMP will require
wetland impacts, this area of wetlands would be entirely impacted by the construction of
the perimeter road, regardless of the placement of the BMP. Therefore, there are no wetland
impacts specific to the construction of the northern BMP.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and "waters" could be minimized.
The site plan has been designed to meet the minimum zoning requirements (i.e. parking
space counts, setbacks, etc) in order to shrink the footprint of the proposed project in an
effort to minimize impacts to the greatest extent possible. The perimeter road will require
the majority of the proposed permanent wetland impacts. The perimeter road is necessary
to allow for tractor trailer access to the rear of the building for shipments and deliveries, as
well as to keep the tractor trailer traffic and customer traffic separate to avoid safety
concerns. Also, the perimeter road has been designed with curve radii that allow for easy
navigation by tractor trailers.
The proposed impacts will occur to emergent freshwater marsh wetlands which have formed
within the onsite non - jurisdictional pond constructed in uplands, which were determined to
be jurisdictional at the Corps site meeting on 7/8/14. These wetlands have formed within
the shallow areas of the onsite non - jurisdictional pond as a result of low water levels due to
a leak in the dam and are not a natural wetland system.
The loss of functional value from the proposed permanent wetland impacts will be
mitigated through the purchase of offsite credits within a larger, regionally significant
mitigation bank. Since the herbaceous wetlands have the shortest timeframes for
successful creation /restoration within mitigation banks, there will be minimal temporal loss
of wetland function.
Mitigation
In email correspondence dated July 10, 2014, David Shaeffer with the Corps of Engineers
confirmed that a 1:1 mitigation ratio for the proposed wetland impacts was acceptable.
Therefore, the applicant proposes mitigate for the proposed 0.3o acres of permanent
wetland impacts through the purchase of 0.3o acres of riparian wetland mitigation credits
WITHERS , RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS

Restaurant Depot — Gateway Centre Blvd — Cary, Wake County
from EBX within the Neu -Con Stream Umbrella Mitigation Bank (Cox II Site). A copy of the
Letter of Reservation from EBX has been provided as an Appendix.
Stormwater Management Plan
The stormwater management plan consists of two wet detention ponds designed for go%
TSS removal. The stormwater management plan will be reviewed /approved by the Town of
Cary, and will receive final approval upon issuance of the 404/401 authorization.
The current request is for 0.3o acres of permanent wetland impacts (see the attached maps
and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• DWR Buffer Determination Letter
• EBX Letter of Reservation
• Impact Exhibits
WITHERS 6 RAVENEL Page 3 of 3
ENGINEERS I PLANNERS I SURVEYORS

4�0' \N AT F'
o � �
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page l of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
N Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
N Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
N No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
❑ No
2.
Project Information
2a.
Name of project:
Restaurant Depot — Gateway Center Blvd
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
JMDH Real Estate of Raleigh, LLC
3b.
Deed Book and Page No.
Book: 15464; Page: 806
3c.
Responsible Party (for LLC if
applicable):
Brian Emmert
3d.
Street address:
1524132 ND Street
3e.
City, state, zip:
College Point, NY 11356 -2440
3f.
Telephone no.:
718 - 762 -8700
3g.
Fax no.:
718 - 463 -8058
3h.
Email address:
Page l of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Republic Property Co. — Authorized Agent for JDMH
4b.
Name:
Gerald Daws
4c.
Business name
(if applicable):
Republic Property Company
4d.
Street address:
4392 Peachtree Road
4e.
City, state, zip:
Atlanta, GA 30319
4f.
Telephone no.:
404 - 975 -5200; Ex 23
4g.
Fax no.:
4h.
Email address:
Idaws @republicproperty.com
5.
Agent /Consultant Information
(if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
Withers and Ravenel
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0756848107 & 0756930835
1b. Site coordinates (in decimal degrees):
Latitude: 35.848852 °N Longitude: - 78.801241 °W
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
±9.25 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Brier Creek (Stream Index: 27 -33 -4)
proposed project:
2b. Water Quality Classification of nearest receiving water:
C;NSW
2c. River basin:
Neuse - 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site consists of two lots within the Gateway Centre Commercial Park, and contains undeveloped woodlands
and a man -made pond. The general land use in the vicinity of the project consists primarily of commercial land use.
3b. List the total estimated acreage of all existing wetlands on the property:
±0.35 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a Restaurant Depot, which is a wholesale food equipment and supply
business that sells exclusively to restaurants.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the construction of a ±59,613 sq ft warehouse sales building, parking area, perimeter road for
tractor trailer access, stormwater management and utilities. Standard commercial construction equipment will be used to
construct the proposed project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Withers & Ravenel
Name (if known): Troy Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Preliminary JD Request was submitted to the Corps on June 30, 2014 and David Shaeffer with the Corps of Engineers
conducted a site visit on July 8, 2014 for the Jurisdictional Determination (SAW- 2014 - 01203). We are requesting
issuance of a Preliminary JD in conjunction with issuance of the NWP 39.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary (T)
Impact #1
Fill for Parking
El Yes
®Corps
❑ P ❑ T
and Perimeter
Freshwater Marsh
® No
® DWQ
0.30 acres
Road
2g. Total wetland impacts
0.30 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version

5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar- Pamlico ❑Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary (T)
impact
required?
B1 ❑P ❑T
F1 Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
The site plan has been designed to meet the minimum zoning requirements (i.e. parking space counts, setbacks, etc) in order
to shrink the footprint of the proposed project in an effort to minimize impacts to the greatest extent possible. The perimeter
road will require the majority of the proposed permanent wetland impacts. The perimeter road is necessary to allow for tractor
trailer access to the rear of the building for shipments and deliveries, as well as to keep the tractor trailer traffic and customer
traffic separate to avoid safety concerns. Also, the perimeter road has been designed with curve radii that allow for easy
navigation by tractor trailers.
The proposed impacts will occur to emergent freshwater marsh wetlands which have formed within the onsite non -
jurisdictional pond constructed in uplands. These wetlands have formed within the shallow areas of the onsite non -
jurisdictional pond as a result of low water levels due to a leak in the dam.
The loss of functional value from the proposed permanent wetland impacts will be mitigated through the purchase of offsite
credits within a larger, regionally significant mitigation bank. Since the herbaceous wetlands have the shortest timeframes for
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

successful creation /restoration within mitigation banks, there will be minimal temporal loss of wetland function.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction, silt fencing will be installed around all disturbed areas to prevent sediment from escaping into
downstream waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
® Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: EBX — Neu -Con Stream Umbrella Mitigation Bank (Cox II Site).
3b. Credits Purchased (attach receipt and letter)
Type:
Riparian Wetland
Quantity:
0.30 acres
3c. Comments: Per email correspondence with David Shaeffer with the Corps, mitigation will be required at a 1:1 ratio.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
® Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
49.4%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater management plan consists of two wet detention ponds. The stormwater management plan will be
reviewed /approved by the Town of Cary.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
❑ NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project is located within an existing commercial business park, and is a niche market retailer that will not be a catalyst
for additional development.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Town of Cary Sanitary Sewer
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
W &R reviewed the NC Natural Heritage Program database, located at http: / /www.ncnhp.org /web /nhp /database- search,
as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the
proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or
endangered species or critical habitat on the subject property or within 1.0 miles of the project. Furthermore, site reviews
did not identify any potential habitat for any federally protected species known to occur in Wake County.
The NCNHP GIS data did identify a known bald eagle nest (Nest ID: Wake #1), which is federally protected under the
Bald and Golden Eagle Protection Act. The Wake #1 nest is located along the eastern shore of Lake Crabtree at
Latitude: 35.8451'N, Longitude: - 78.8042 °W, which is approximately 1500 If (0.28 miles) west of the proposed project.
Based on the NCNHP GIS data, this nest was last active in 2009. Due to the existing development and dense forest
between the proposed project and the Wake #1 eagle nest, the construction activities associated the proposed project will
not be visible from the eagle nest. Per the USFWS 2007 National Bald Eagle Management Guidelines and the "Bald
Eagle Management Guidelines and Conservation Measures Determination webpage, located at:
http:// www. fws .gov /southeast/es /baldeagle /, the proposed is not anticipated to disturb the Wake #1 nest since A) the nest
is not visible from the project or activity area; B) there will be a buffer in excess of 660 If between the project site and the
eagle nest. Therefore, the proposed project will have "No Effect" on the Wake #1 eagle nest.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters in Wake County classified as EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W &R reviewed the NC State Historic Preservation Office's online database, located at: http: / /gis.ncdcr.gov /hpoweb /, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year
floodplain?
❑Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
Troy Beasley W &R
Authorized Agent
Applicant /Agent's Printed Name
.,c_ < �
8/6/14
Date
Applicant /Agent's Signature
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORZIATION FORM

WITHERS &- RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser Republic Property Comlany (Client) does hereby
appoint Troy Beasley / Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of
petitioning the appropriate local, state and federal environmental regulatory agencies (US Army
Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local
municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite
jurisdictional areas (wetlands, streams, riparian buffers, etc.) and /or; b) preparation and submittal
of appropriate environmental permit applications /requests for the project at 3801& 3901
Gateway Centre Blvd, Cary, NC
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests /applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel, Inc.
1410 Commonwealth Drive, Suite 101
Wilmington. NC 28403
Tel. [phone]
Date:
Signature of Client:
41 c l- , bkas
am Pri (Title)
.-AIN Ir- 9—
(Signature)
1-13,m Pecrffr-.t X► , C/
Mailing Address
City �State Zip
Phone: qL)L [ -Cr,7 -&240 p'L. 3
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenet.com License No. C -0832
1410 Commonwealth Drive I Suite 101 ? Wilmington, NC 28403 'tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 tel: [phone] fax: [phone]

USGS QUAD &
WAKE CO. SOIL SURVEY

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RESTAURANT DEPOT WAKE CO. SOIL SURVEY - SHEET 36 WITH RB RAVENEL ENGINEERS I PLANNIRS I SURVKYORS
CARY WAXE COUNTY NORIFICAR011NA I I

DWR BUFFER DETERMINATION LETTER

i
NCB h R.
North Carolina Department of Environment and Natural' Resources;
Division of Water Resources
WaterQuality Programs
PaNcCrory- • Thomas A., Reeder' John_ ' E. Skvarla; III
Governor, Director Secretary
October! 30,,2013
Republic Property Company
Gerald Daws
4392 Peachtree;Road
,Atlanta, GA •3031'9 I'
Subject: !Surface Water Determination' Letter
N BRRO #•13 =317
Wake County
Deter►rrithat:on Type.
Buffer Call
® Neuse (15A NCAC.2B, 0233)
❑ Tar.- Pamlico (15A,NCAC�213.,0259)
❑ Jordan (1!5A NCAC 213 X0267)
Isolated. or, EIP Call
❑, Ephemeral %Intermlttent/Perennial' Determination,
❑ ',Isolated Wetland,Determinatlon:
I
Project Name: 380P• &. 3901 Gateway. Cetiier'Blvd,•Cary. _
Location/Directions: Property is' a.private undeveloped tract located at project address;
`Subject Stream: - UT to'Brier
Determination Date:.October 29, 2013' Staff: Sara.'KiMes
Feature
E/I/P*
Not- I
Sub "ect.
Subjeef
Start@
Siop@
;:
Soil
;Surve
USGS
To P6
A
Pond
X
X•'
B
E
X
X
'EIIIP,= Ephemerall/ntermittent/Perenraal l-
Explanation' 'The feature(§) listed'above,has of have'been.located on,,the Soil Survey_of Wake County, North,
Carolina,or'the most recenBcopy of,the USES, Topob aphic,map at a 1•:24;000 scale. Each-feature that >is'checked' ,
"Not Subject" has been determined not io,be a`stream,or is-not, present on the property... Features that are checked
"`Subject have been•l'ocated on the property �and, possess characteristics-that qualify,it,to be a stream. There,may be
other,streams located on your'property that do not show upon the-.maps referenced; above but, still;may be
considered jurisdictional according to the US'Army`,Corps of Engineers,and/orto the Divi'sion of Watbr Resources
,(DWR).
d,
- yy' WCne Carobna
C UMIllk
North Carolina Division ,of WaterResources 1628dMail;Service,Centee Raleigh, NC 27699 =1628 Phone [phone]
Internet" Www ncwaterduahtv'ora Location 3800 Barrett Dive Raleigh; NC .27609 Fax •(919) 788 -7159
An -Equal Opportunity/AkBA@t v-e Action;Employer— 50% Recycled110% Pdst,Consuter,Paper•

3801 & 3901 Gateway Center Blvd
Wake County
October 30, 2013
Page 2 of 2
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, KC 27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)- 807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919 )-554 -4884.
If you have questions regarding this determination, please feel free to contact Sara Knies at [phone].
Respect fuI w ly, r'
l
Danny Smith, Su ervisor
Water Quality S rvices
Raleigh Regional Office
cc: RRO /SWP File Copy

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EBX LETTER OF RESERVATION

Neu -Con Wetland and Stream Umbrella Mitigation Bank
Statement of Availability August 06, 2014
NC Division of Water Resources U.S. Army Corps of Engineers
Ms. Katie Merritt /Mr. Eric Kulz Mr. James Lastinger
512 N. Salisbury St., Raleigh Regulatory Field Office
9th floor 3331 Heritage Trade Center, Suite 105
Raleigh, NC 27604, Archdale Building Wake Forest, NC 27587
Re Project: Restaurant Depot, For Applicant: Republic Property Company, Location: 3801 &
3901 Gateway Centre Blvd, Cary, PINs: 0756848107 & 0756930835, HUC: Neuse 03020201
This document confirms that Republic Property Company (Applicant) for the Restaurant Depot
(Project) has expressed an interest to utilize 0.30 Riparian - Riverine Wetland Mitigation Credit
from EBX sponsored Neu -Con Stream Umbrella Mitigation Bank (Bank) in the Neuse- HUC
03020201, Cox II Site. As the Bank official Sponsor, EBX, attests to the fact that mitigation is
available for reservation at this time.
Banker will notify applicant if the 0.30 Riparian - Riverine Wetland Mitigation Credit (s) become
considered "At Risk" of not being available prior to permit issuance. Credits are not considered
secured until payment in full is received from the applicant resulting in the issuance of an
Affidavit of Sale by the bank acknowledging that the applicant has fully secured credits from
the bank and the Banker has accepted full responsibility for the mitigation obligation requiring
the credit(s).
The Banker will issue the Affidavit of Sale within ten (10) days of receipt of the balance of the
Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a
documented copy of the debit of credits from the Bank Official Credit Ledger showing the
permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale,
with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239 - 872 -1678
Best Regards
A k
Matthew R. Fisher
EBX -EM, LLC
909 Capability Drive Suite 3100. Raleigh, NC 27606

IMPACT EXHIBITS

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02130M Cary Wake County North Carolina „Sm— ... DHve Car N.rinCm.n..4)5„ ,e:91 -3340 wm—ene... --N.. oa3z