20151052 Ver 1_401 Application_20151015

WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
(910) 256 -9277
FAX [phone]
LEER OF Y° ° NSOWTTQL
DATE 10/6/15 I JOB No. 02140191.00
ATfENT10N
Ms. Karen Higgins
PHONE# [phone]
RE: Lewter Property Retail Center — Cary, Wake Co.
NWP 39 PCN Submittal
TO: NC Division of Water Resources
512 N. Salisbury Street; 9`h Floor
Raleigh, NC 27604
WE ARE SENDING YOU
E Attached ❑ Under separate cover via the following items:
❑ Shop Drawings
❑ Prints ❑ Plans
❑ Samples ❑ Specifications
❑ Copy of Letter
❑ Change order ❑ Diskette
❑
COPIES DATE
NO.
DESCRIPTION
4 10/6/15
02140191.00
NWP 39 PCN
1 1o/6/15
02140191.00
Check for $24o Application Fee
1 1o/6/15
02140191.00
CD of PCN
THESE ARE TRANSMITTED as checked below:
E For approval
❑ Approved as submitted
❑ Resubmit copies for approval
❑ For your use
❑ Approved as noted
❑ Submit copies for distribution
❑ As requested
❑ Returned for corrections
❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE
20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Signature:
Date:
uu� OCT 0 7 2n19
401 & BUFFER hr >•,.;r. "i " G,
COPYTO: File SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify as at once.

WITHERS �. C R,A VEN EL
October 6, 2015
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: Lewter Property Retail Center — Cary, Wake County — NWP 39 PCN Submittal
Corps AID #SAW -2014 -00337
W &R Project #02140191.00
Dear Mr. Shaeffer and Ms. Higgins,
On behalf of Sembler Atlanta, Inc., we are requesting authorization from the USACE to use NWP 39
for 0.15 acres of permanent wetland impacts for construction of the proposed mixed use retail
project. We are also requesting a 401 WQC from NCDWR for the above referenced impacts.
The project is ±21.5 acres in size and is located at 7712 Carpenter Fire Station Road, in the northwest
quadrant of the intersection of Carpenter Fire Station Road and Green Level West Road in Cary, Wake
County (Latitude: 35.823914 °N; Longitude: - 78.903270 °W). The project is located in the Cape Fear
River basin (HUC 03030002 and the site drains to Morris Branch. The Water Quality Classification
for Morris Branch is WS -IV; NSW and the Stream Index Number is: 16- 41-1-17-3-2•
Proposed Proiect
The purpose of the proposed project is to construct a mixed -use retail development, which will
provide retail shopping for the large number of residential developments within the immediate
vicinity, helping to reduce the need to travel on high traffic thoroughfares. The proposed project
consists of the construction of a mixed use retail center, anchored by a 49,098 sq ft grocery store, as
well as a pharmacy, gas station, other retail buildings, roads, parking utilities and stormwater
management.
Proiect History
Onsite wetlands were delineated by Withers and Ravenel and were field verified and approved by
David Shaffer with the Corps of Engineers, as documented in an email dated 9/1/15, which has been
provided as an Appendix. We are requesting issuance of the Preliminary JD in conjunction with the
issuance of the NWP 39•
A formal Buffer Determination was conducted by the Town of Cary as delegated for the Jordan Lake
Buffer Rules. Please note there are no impacts to Jordan Lake Buffers.
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
www.withersravenet.com I License No. C -0832

Lewter Property Retail Center — NWP 39
10/06/15
Proposed Impacts
The proposed impacts consist of 0.15 acres of permanent wetland impacts for construction of the
grocery store building and associated parking.
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.
Due to the general shape of the project site, as well as requirements for a retail center such as
roads, minimum parking, building sizes and municipal setbacks, the design alternatives were
limited and impacts could not be avoided entirely. The site plan has been designed to avoid
impacts to onsite streams entirely by designing retaining walls to stabilize fill for the grocery store
and cul -de -sac. Proposed permanent impacts have been minimized to impact only the low quality
herbaceous wetlands which have formed in the bottom of four small drained ponds, which are not
natural wetlands.
The low quality of the wetlands proposed to be impacted is documented in the NCWAM assessment,
which has been provided as an Appendix.
Mitigation
The applicant proposes to mitigate for the 0.15 acres of permanent wetland impact through the
purchase of offsite mitigation credits at a 1:1 ratio due to the Low functional value of the wetlands.
Therefore, the applicant proposes to purchase 0.15 acres of riparian wetland mitigation for the
proposed 0.15 acres of permanent wetland impacts.
W &R contacted mitigation banks servicing the Cape Fear 03030002 basin, and none had the
needed mitigation available. Therefore, the applicant will provide the o.15 acres of riparian wetland
mitigation through the In -lieu fee payment to DMS. A copy of the Letter of Acceptance from DMS has
been provided as an Appendix.
Stormwater Management Plan
The stormwater management plan consists of a wet detention pond designed for go% TSS removal,
which will discharge through a level spreader to achieve diffuse flow. The stormwater management
plan will be reviewed and approved by the Town of Cary.
The current request is for 0.15 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
WITHERS t\ RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS

Lewter Property Retail Center — NWP 39
10 /o6/15
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• Corps Email Approving Wetland Delineation
• NCWAM Form
• DMS Letter of Acceptance
• NCNHP T &E Project Review Letter
• Impact Exhibits
WITHERS RAVENEL Page 3 of 3
ENGINEERS I PLANNERS I SURVEYORS

O�O�_ W ATF9QG
Elm
1. Processing
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
■ •
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No ❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ® Yes ❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes
2. Project Information
2a.
Name of project:
Lewter Property Retail Center
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:
Peggy & Grover Lewter
3b.
Deed Book and Page No.
Book: 012954; Page: 01076
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3525 Davis Drive
3e.
City, state, zip:
Cary, NC 27519
3f.
Telephone no.:
919 - 467 -1122
3g.
Fax no.:
3h.
Email address:
� No �
i
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Contract Purchaser
4b.
Name:
Tom Hareas
4c.
Business name
Sembler Atlanta, Inc
(if applicable):
4d.
Street address:
5590 Roswell Road, Suite 200
4e.
City, state, zip:
Atlanta, GA 30342
4f.
Telephone no.:
404 - 847 -1800
4g.
Fax no.:
4h.
Email address:
Tom.Hareas @sembler.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
Withers and Ravenel
(if applicable):
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):
1 b. Site coordinates (in decimal degrees):
1c. Property size:
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
PIN 0725844460,0725846945 & 0725856677
Latitude: 35.823914 °N Longitude: - 78.903270 °W
(DD.DDDDDD) (- DD.DDDDDD)
±21.5 acres
Morris Branch (Stream Index: 16- 41- 1- 17 -3 -2)
WS- IV;NSW
Cape Fear (Jordan) - 03030002
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 currently consists of undeveloped woodlands and a fallow agricultural field.
3b. List the total estimated acreage of all existing wetlands on the property:
0.15 acres (wetlands within drained ponds)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
±1,150 If total
±270 If (intermittent)
±880 If (Morris Branch — Perennial)
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed use retail development, which will be anchored by a grocery
store, gas station and pharmacy. The proposed project will provide retail shopping for the large number of residential
developments within the immediate vicinity of the proposed development, helping to reduce the high traffic volume on the
major thoroughfares.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will consist of the construction of a ±49,000 sq ft building intended for a grocery store which will
anchor the retail center, as well as additional buildings for a gas station, a pharmacy and other retail businesses. The
proposed construction also consists of the construction of internal roads, parking for the various retail buildings, utilities
and stormwater management.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ❑ No F-1 Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: W &R
Name (if known): Troy Beasley Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Shaeffer preliminarily approved the wetland delineation for the proposed project (AID SAW- 2014 - 00337) in an
email, dated 9/1/15, which has been provided as an appendix.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ® Yes ❑ No
6b. If yes, explain.
The proposed project will be constructed in phases. However, all impacts necessary for construction of the entire project
has been addressed in this application.
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)
❑ P ❑ T
❑ PER
❑ Corps
Impact 1
Fill
Herbaceous
El Yes
® Corps
0.01 ac
® P ❑ T
(drained pond)
® No
® DWQ
❑ INT
Impact 2
Fill
Herbaceous
El Yes
® Corps
0.03 ac
® P ❑ T
(drained pond)
® No
® DWQ
S4
Impact 3 Fill
Herbaceous
❑ Yes
® Corps
0.08 ac
® P ❑ T
(drained pond)
® No
® DWQ
❑ PER
Impact 4
Fill
Herbaceous
El Yes
® Corps
0.03 ac
® P ❑ T
(drained pond)
® No
® DWQ
2g. Total wetland impacts
❑ INT
❑ DWQ
3h.
0.15 ac
2h. Comments: Proposed wetland impacts will occur to wetlands that have formed in the bottom of 4 small drained ponds.
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
S2
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6
❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h.
Total stream and tributary impacts
3i.
Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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 FIT
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
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 F-1 Tar-Pamlico ❑Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g
Buffer impact
number — Reason
Permanent (P) or for
Temporary (T) impact
131 ❑P ❑T
B2 ❑P FIT
6i. Comments:
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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.
Due to the general shape of the project site, as well as requirements for a retail center such as roads, minimum parking,
building sizes and municipal setbacks, the design alternatives were limited and impacts could not be avoided entirely. The
site plan has been designed to avoid impacts to onsite streams entirely by designing retaining walls to stabilize fill for the
grocery store and cul -de -sac. Proposed permanent impacts have been minimized to impact only the low quality herbaceous
wetlands which have formed in the bottom of four small drained ponds, which are not natural wetlands.
The low quality of the wetlands proposed to be impacted is documented in the NCWAM assessment, which has been provided
as an Appendix.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Retaining walls will be used to stabilize fill for the grocery store and cul -de -sac to avoid stream impacts. Additionally, 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?
2b. If yes, mitigation is required by (check all that apply)
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
4f. Non - riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
4h. Comments:
04 ■ •
❑ DWQ ® Corps
❑ Mitigation bank
® Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type
Quantity
❑ Yes
linear feet
❑ warm ❑ cool
square feet
0.15 acres
acres
5. Complete if Using a Permittee Responsible Mitigation Plan
acres
❑cold
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 ❑ Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (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 8of12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow will be achieved through the onsite BMP discharging
through a level spreader. The diffuse flow requirements will be reviewed and ❑ Yes ® No
approved by the Town of Cary as part of the stormwater management plan
review /approval.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 70%
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 proposed stormwater management plan consists of a single BMP, sized to handle stormwater for the entire site and
designed to meet 90% TSS removal, which will discharge through a level spreader. The stormwater management plan
will be reviewed and approved by the Town of Cary.
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
Town of Cary
® Phase II
® NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
1■ Olin
❑
Coastal counties
❑
HQW
❑
ORW
❑
Session Law 2006 -246
❑
Other:
❑ Yes ❑ No
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
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)?
1 c. 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
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is located within a heavily developed area of Cary and is not anticipated to be a catalyst for future
development that could impact nearby downstream water quality.
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?
5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh
❑ 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 httos:// ncnhde .natureserve.orq /content/mao 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 occurrences of endangered species or critical habitat on the subject property or within 1.0
miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any
federally protected species known to occur in Wake County, except for the Northern Long Eared Bat.
Potential habitat for the northern Long -eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used
for roosting during the day. Since the entire project area consists of mature forest over 3" DBH, there is potential northern
long eared bat habitat present. In an email from USFWS dated April 15, 2015, the USFWS has specified that a project
may result in an adverse effect on the NLEB is there will be cutting or destroying of mature forest within 0.25 miles of an
known roosting site, or if the project involves the cutting or destroying of known, occupied roost trees during the pup
season (June 1St — July 31St). The closest known active roost site is in Currituck County. Therefore, the proposed project
is not located within 0.25 miles of any known roost trees. Furthermore, clearing of mature forest between June 1St and
July 31 st is not anticipated for construction of the proposed project. Therefore, W &R concludes that the project "may
affect, but is not likely to adversely affect" the northern long -eared bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? 10 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: htto: / /gis.ncdcr.gov /hi)oweb /, 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.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaDs.com
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Troy Beasley — W &R
Authorized Agent
10/6/15
Applicant/Agent's Printed Name Applicant /Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION
& ACCESS AUTHORIZATION

WITHERS - RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser. Sembler G (Client) does hereby appoint Troy
Beaslev / 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 Lewter Propertv
(PIN 0725856677;0725846945), in Carv, Wake Countv.
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.
Date: /4/,�'
Agent's Name, Address & Telephone: Signature of Client:
Trov Beaslev /Withers & Ravenel, Inc 4 Jf /f c/ , -J- A C
(Name - Print) (Title)
1410 Commonwealth Drive, Suite 101
ov
Wilmington. NC 28403 (Signature)
Tel. f910) 256 -9277 j d �JEi'rj moo`'
Mailing Address
City State Zip
Phone:
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenel.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

WITHERS �'RAVENEL
ENGINEERS PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Peaav & Grover Lewter (Client) does hereby appoint Trov Beaslev /
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,
surface waters, riparian buffers, etc.) and /or; b) preparation and submittal of appropriate
environmental permit applications /requests for the Lewter Prooertv (PIN 0725856677:
0725846945). in Carv. Wake Countv .
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:
Trov Beaslev /Withers & Ravenel. Inc.
1410 Commonwealth Drive. Suite 101
Wilminaton. NC 28403
Tel. [phone]
Date: i0 /9
Signature of Client:
Peggy Lewter / P
.yfct./
1 t/ y� ✓
Grover Lewter :U2a�, oC ✓ /zi5
3 s a s k)a ti,w �n
Mailing Address
City State'! Zip
Phone: cl /q! yL %I Z ?2
Email: (->- q/,1 l<33 �q�
115 MacKenan Drive I Cary, NC 27511 1 tel.: [phone] [ fax: [phone] www.withersravenel.com
License No. C -0832
1410 Commonwealth Drive I Suite 101 1 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: [phone] fax: [phone]

USGS QUAD &
WAKE CO. SOIL SURVEY

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WITHERS r RAVENEL
LEWTER PROPERTY RETAIL CENTER USGS QUAD - GREEN LEVEL ENGINEERS i PLANS I SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

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WITHERS &- RAVENEL
LEWTER PROPERTY RETAIL CENTER
USGS QUAD - GREEN LEVEL ENGINEERS I PLANNERS I SURVEYORS
:ARY WAKE COUNTY NORTH CAROLINA

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LEWTER PROPERTY RETAIL CENTER WITHERIB �(' RAVENEL
WAKE CO. SOIL SURVEY - SHEET 45 ENGINEERS i PLANNERS 1 SURVEYORS
CARY WAKE COUNTY NORTH CAROLINA

CORPS EMAIL
APPROVING DELINEATION

Beasley, Troy
From: Shaeffer, David L SAW < David .L.Shaeffer @usace.army.miI>
Sent: Tuesday, September 01, 2015 8:19 AM
To: Beasley, Troy
Subject: RE: Lewter Property - Carpenter Fire Station Road - Cary, Wake County
(SAW- 2014 - 00337) - Follow -up to 7/31/15 Site Visit (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
H i Troy,
Did I respond to this?
If not, the maps are an accurate depiction of the jurisdictional boundaries I approved in the field.
Sincerely,
David L. Shaeffer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: 919 - 562 -0421
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 Customer Satisfaction Survey located at
http: / /corpsmapu .usace.army.mil /cm_apex /f ?p= 136:4:0
- - - -- Original Message---- -
From: Beasley, Troy [mailto:TBeasley @withersravenel.com]
Sent: Tuesday, August 18, 2015 10:20 AM
To: Shaeffer, David L SAW
Subject: [EXTERNAL] Lewter Property - Carpenter Fire Station Road - Cary,
to 7/31/15 Site Visit
David,
Wake County (SAW- 2014 - 00337) - Follow -up
This email is in follow -up to our site meeting on 7/31/15 for the Lewter Property, located in the northwest quadrant of
the intersection of Carpenter Fire Station Road and Green Level Church Road. During our site visit, you confirmed the
starting point of Stream 1 at Flag S -1, and determined that the drained pond bottoms had converted to jurisdictional
wetlands. Also, Morris Branch (Stream 2) is the .
Following our site meeting, W &R flagged the wetlands within the drained pond bottoms. The attached exhibit depicts
the approximate locations of the approved wetlands and streams based on our 7/31/15, as well as a wetland dataform
for the wetlands.

We will be applying for a 404 permit within the next 2 -3 months, and will be requesting issuance of the JD in conjunction
with issuance of the 404 permit. In the interim, we will need documentation that the wetland delineation has been
verified by the Corps, so will you please respond to this email concurring with the delineation as depicted in the
attached exhibit.
Thanks for your help and please let me know if you have any questions.
Troy Beasley
WithersRavenel < http: / /www.withersravene1.com />
115 MacKenan Drive Cary, NC 27511
Office: 919.469.3340 Direct: 910.509.6512
Mobile: [phone]
tbeasley @withersravenel.com <mailto:tbeasley @withersravenel.com>
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NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other
documents referred to herein, contains information from WithersRavenel, Inc. that may be confidential, proprietary or
privileged and may be subject to protection under the law, including the Health Insurance Portability and Accountability
Act (HIPAA). The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any
disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this
message in error, please advise the sender by reply and delete this electronic message and any attachments. Although
the company has taken precautions to ensure no viruses are present in this email, the company cannot accept
responsibility for any loss or damage arising from the use of this email or attachments.
Classification: UNCLASSIFIED
Caveats: NONE

LEWTER PROPERTY PRELIMINARY WETLAND WITHERS & RAVENEL
LOCATION EXHIBIT ENSINEERS 1 PLANNERS 1 SURVEYORS
GARY WAKE COUNTY NORTH CAROLINA

NCWAM FORM

NC WAM WETLAND ASSESSMENT FORM
Accompanies User Manual Version 4.1
Rating Calculator Version 4.1
Wetland Site Name Lewter Prop Retail Wetlands Date 9/15/15
Wetland Typel Headwater Forest Assessor Name /Organization Troy Beasley - W &R
Level III Ecoregionl Piedmont Nearest Named Water Body Morris Branch
River Basing Cape Fear USGS 8 -Digit Catalogue Unit 03030002
C Yes (* No Precipitation within 48 hrs? Latitude /Longitude (deci- degrees) 35.823914 °N; - 78.903270 °W
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and /or make note on last page if evidence of stressors is apparent. Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited
to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub - surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear- cutting, exotics, etc.)
Is the assessment area intensively managed? C- Yes Ct- No
Regulatory Considerations (select all that apply to the assessment area)
F Anadromous fish
F ederally protected species or State endangered or threatened species
F NCDWQ riparian buffer rule in effect
F Abuts a Primary Nursery Area (PNA)
F Publicly owned property
F N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
F Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
r Designated NCNHP reference community
r Abuts a 303(d)- listed stream or a tributary to a 303(d)- listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
C_ Blackwater
C: Brownwater
F_ (if tidal, check one of the following boxes) Lunar i Wind C Both
Is the assessment area on a coastal island? i Yes t+ No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? C- Yes C+ No
Does the assessment area experience overbank flooding during normal rainfall conditions? C` Yes (-*- No
Ground Surface Condition /Vegetation Condition - assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect.
GS VS
(" A i A Not severely altered
C: B co- B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Sub - Surface Storage Capacity and Duration - assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub - surface storage capacity and
duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for
North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch
<_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch
sub - surface water. Consider tidal flooding regime, if applicable.
Surf Sub
A i A Water storage capacity and duration are not altered.
[� B Co- B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
C: C t" C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage /Surface Relief -assessment area /wetland type condition metric (answer for non -marsh wetlands only)
Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a. r: A A Majority of wetland with depressions able to pond water > 1 foot deep
C- B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
t - C C- C Majority of wetland with depressions able to pond water 3 to 6 inches deep
r D (- D Depressions able to pond water < 3 inches deep
3b. C: A Evidence that maximum depth of inundation is greater than 2 feet
r B Evidence that maximum depth of inundation is between 1 and 2 feet

t - C Evidence that maximum depth of inundation is less than 1 foot

4. Soil Texture /Structure - assessment area condition metric
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for
regional indicators.
4a. C' Sandy soil
C: B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
[� C Loamy or clayey soils not exhibiting redoximorphic features
D Loamy or clayey gleyed soil
C' E Histosol or histic epipedon
4b. A Soil ribbon < 1 inch
C' B Soil ribbon >- 1 inch
4c. r A No peat or muck presence
r B A peat or muck presence
5. Discharge into Wetland - opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub - surface pollutants or discharges (Sub).
Examples of sub - surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
[: A C: A Little or no evidence of pollutants or discharges entering the assessment area
C` B C' B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
C` C C' C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use - opportunity metric
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
P A (1 A P' A >- 10% impervious surfaces
F B F_ B F_ B < 10% impervious surfaces
F C F_ C F_ C Confined animal operations (or other local, concentrated source of pollutants)
F D r D F_ D >_ 20% coverage of pasture
F E F_ E F_ >_ 20% coverage of agricultural land (regularly plowed land)
F F (- F f F >_ 20% coverage of maintained grass /herb
F G r G F G ? 20% coverage of clear -cut land
F, H r-v H rv- H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations
that prevent drainage or overbank flow from affecting the assessment area.
Wetland Acting as Vegetated Buffer - assessment area /wetland complex condition metric
7a. Is assessment area within 50 feet of a tributary or other open water?
i Yes (. No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer.
C' A ? 50 feet
C B From 30 to < 50 feet
C C From 15 to < 30 feet
C' D From 5 to < 15 feet
f E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels /braids for a total width.
C` <- 15 -feet wide " > 15 -feet wide C' Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
C' Yes C' No
7e. Is tributary or other open water sheltered or exposed?
( Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic.
Exposed - adjacent open water with width >- 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area - wetland type /wetland complex metric (evaluate for riparian wetlands only)
Check a box in each column. Select the average width for the wetland type at the assessment area (WT)
and the
wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries.
WT
WC
C` A
C A
>- 100 feet
C` B
C' B
From 80 to < 100 feet
C` C
C' C
From 50 to < 80 feet
i D
C' D
From 40 to < 50 feet
C` E
C E
From 30 to < 40 feet
[: F
C: F
From 15 to < 30 feet
C` G
C' G
From 5 to < 15 feet
i H
C' H
< 5 feet

9. Inundation Duration — assessment area condition metric
Answer for assessment area dominant landform.
i A Evidence of short- duration inundation (< 7 consecutive days)
[— B Evidence of saturation, without evidence of inundation
[: C Evidence of long- duration inundation or very long- duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric
Consider recent deposition only (no plant growth since deposition).
[: A Sediment deposition is not excessive, but at approximately natural levels.
C` B Sediment deposition is excessive, but not overwhelming the wetland.
C` C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type /wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see Usei
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear -cut, select "K" for the FW column.
WT WC FW (if applicable)
C` A A A >: 500 acres
try B t B f B From 100 to < 500 acres
C' C C " C From 50 to < 100 acres
i D i D " D From 25 to < 50 acres
C` E C— E E From 10 to < 25 acres
C` F C F f F From 5 to < 10 acres
C` G G " G From 1 to < 5 acres
t" H i H " H From 0.5 to < 1 acre
r I C+ I r I From 0.1 to < 0.5 acre
[: J J (^ J From 0.01 to < 0.1 acre
C` K K K < 0.01 acre or assessment area is clear -cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
[— A Pocosin is the full extent (? 90 %) of its natural landscape size.
C` B Pocosin is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This
evaluates whether the wetland is well connected (Well) and /or loosely connected (Loosely) to the landscape patch, the contiguous
metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility
line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide.
Well Loosely
A A ? 500 acres
C B i B From 100 to < 500 acres
C� C C From 50 to < 100 acres
i D D From 10 to < 50 acres
[� E E < 10 acres
f: F i— F Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
C' Yes C' No Wetland type has a surface hydrology connection to open waters /stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non - forested areas ? 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts.
Consider the eight main points of the compass.
i A No artificial edge within 150 feet in all directions
C B No artificial edge within 150 feet in four (4) to seven (7) directions
[: C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear -cut
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
i A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
C B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or
clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
[: C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in
at least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
C A Vegetation diversity is high and is composed primarily of native species ( <10% cover of exotics).
C B Vegetation diversity is low or has > 10% to 50% cover of exotics.
C C Vegetation is dominated by exotic species ( >50% cover of exotics).

17. Vegetative Structure — assessment area /wetland type condition metric
17a. Is vegetation present?
r+ Yes C' No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
C: A >_ 25% coverage of vegetation
r B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure
in airspace
Moderate density shrub layer
above the
assessment area (AA) and the wetland type (WT) separately.
Shrub layer sparse or absent
AA
WT
Dense herb layer
oC`
A
r+ A
Canopy closed, or nearly closed, with natural gaps associated with natural processes
rt- C
C"- B
i B
Canopy present, but opened more than natural gaps
CU
U
C
C' C
Canopy sparse or absent
o
r- A
C' A
Dense mid - story/sapling layer
C` B
r+ B
Moderate density mid - story/sapling layer
°—
L-4- C
i C
Mid - story/sapling layer sparse or absent
mn C"- A C' A Dense shrub layer
c C"- B
r B
Moderate density shrub layer
0 r* C
C C
Shrub layer sparse or absent
Co- A
C' A
Dense herb layer
f- B
C' B
Moderate density herb layer
C` C
rt- C
Herb layer sparse or absent
18. Snags — wetland type condition metric
C` A Large snags (more than one) are visible (> 12- inches DBH, or large relative to species present and landscape stability).
(: B Not A
19. Diameter Class Distribution — wetland type condition metric
C` A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
i B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH.
r: C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric
Include both natural debris and man - placed natural debris.
i A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
r: B Not A
21. Vegetation /Open Water Dispersion — wetland type /open water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation
and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
A B C` C
C D
22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands only)
Examples of activities that may severely alter hydrologic connectivity include intensive
ditching, fill, sedimentation, channelization, diversion, man -made berms, beaver dams, and stream incision.
C` A Overbank and overland flow are not severely altered in the assessment area.
i B Overbank flow is severely altered in the assessment area.
r- C Overland flow is severely altered in the assessment area.
C: D Both overbank and overland flow are severely altered in the assessment area.
Notes
Wetlands consist of small wetland pockets which have formed in the bottom of four drained ponds in the upper reach of a drainage within a
heavily developed area of Cary. The wetlands have virtually no connection to offsite wetlands and habitats.

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 4.1
Rating Calculator Version 4.1
Wetland Site Name Lewter Prop Retail Wetlands Date 9/15/15
Wetland Type Headwater Forest Assessor Name /Organization Troy Beasley - W &R
Notes on Field Assessment Form (Y /N)
Presence of regulatory considerations (Y /N)
Wetland is intensively managed (Y /N)
Assessment area is located within 50 feet of a natural tributary or other open water (Y /N)
Assessment area is substantially altered by beaver (Y /N)
Assessment area experiences overbank flooding during normal rainfall conditions (Y /N)
Assessment area is on a coastal island (Y /N)
Sub - function Rating Summary
Function Sub- function
Hydrology Surface Storage and Retention
Sub - Surface Storage and Retention
Water Quality Pathogen Change
Particulate Change
Soluble Change
Physical Change
Pollution Change
Habitat
Physical Structure
Landscape Patch Structure
Vegetation Composition
Function Rating Summary
Function
Metrics /Notes
Hydrology
Condition
Water Quality
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Habitat
Conditon
Overall Wetland Rating LOW
Metrics
Condition
Condition
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Condition
Condition /Opportunity
Opportunity Presence? (Y /N)
Condition
Condition
Condition
YES
NO
NO
NO
NO
NO
NO
Rating
LOW
HIGH
LOW
MEDIUM
YES
LOW
NA
NA
MEDIUM
HIGH
YES
LOW
LOW
YES
NA
NA
NA
LOW
LOW
LOW
Rating
MEDIUM
LOW
LOW
YES
LOW

DMS LETTER OF ACCEPTANCE

Pat McCrory Division of Mitigation Services Donald R. van der Vaart
Governor Secretary
October 6, 2015
Tom Hareas
Sembler Atlanta, Inc.
5590 Roswell Road Suite 200
Atlanta, GA 30342
Project: Lewter Property Retail Center
Expiration of Acceptance: April 6, 2016
County: Wake
The purpose orf.this km a its to w you- that the NCDEQ Division ofMitigation Services (AMS) is willing to accept payment for
cvaii1ltruoaL0ry mitigation for impacts associated with the above referenced project.as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as iif4l6atiwi for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143 - 214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/491 Ce rtificatioWCAMA permit within this t €rame, this ae>cept expo. It is the applic='s
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at hitp: / /portal.ncdenr.org/web /eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
CU Strewn (feet)
lt>uet Basta Location
Wetlands- (acres)
Buffet 1. Buffer. U
(Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non - Riparian Coastal Marsh
Impact Cape Fear 03030002 0 0 0 0 0.15 ** 0 0
Upon receipt of payment, DMS WT take responsibility for providing the compensatory mitigation. The mitigation will be performed
in. accordance with the In -Lieu Fee Program instrument dated July 28, 2010. In accordance with the directive from the February 8,
2011 IRT meeting, non - riparian wetland impacts located in the mountains and piedmont areas of North Carolina will be accepted as
requested, but mitigated utilizing riparian wetland mitigation crerlits and_invoiced using the riparian wetland fee schedule.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
Sincerely, 4
T s Pk Stanfill
Asse Management Supervisor
cc: Davis Shaeffer, USACE- Raleigh (AID# 2014- 00337)
Troy Beasley, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 - 707 -89761 Internet: http: / /portal.ncdenr.org /web /eep
An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper

NCNHP T &E
PROJECT REVIEW LETTER

DE
North Carolina Department of Environment and Natural Resources
Office of Land and Water Stewardship
Pat Mc Cory Bntan Gee
Governor Dim=
October 1, 2015
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
tbeasley @withersravenel.com
RE: Lewter Property Retail Center; 02140191.00
Dear Troy Beasley:
Dor -ald R. van der Vaart
Secretary
NCNHDE -767
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources from our database that have been compiled for the project referenced
above.
A query of the NCNHP database, based on the project area mapped with your request, indicates that there
are no records for rare species, important natural communities, natural areas, or conservation /managed
areas within the proposed project boundary.
The attached `Potential Occurrences' table summarizes rare species and natural communities that have
been documented within a one -mile radius of the property boundary. The proximity of these records
suggests that these natural heritage elements may potentially be present in the project area if suitable
habitat exists and is included for reference. Please note that although there may be no documentation of
natural heritage elements within the project boundary, it does not imply or confirm their absence; the area
may not have been surveyed. The results of this query should not be substituted for site - specific surveys
where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records. Tables of natural areas and conservation /managed area within a one -mile radius of the
project area, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning,
project review, and scientific research, and are not intended for use as the primary criteria for regulatory
decisions. Information provided by the NCNHP database may not be published without prior written
notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.
Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), or Federally - listed species are documented near the
project area.
Thank you for your inquiry. If you have questions regarding the information provided in this letter or need
additional assistance, please contact Allison Schwarz Weakley at all ison.weaklev @ncdenr.aov or
919.707.8629.
Sincerely,
NC Natural Heritage Program
Page 1 of 3

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Lewter Property Retail Center
Project No. 02140191.00
October 1, 2015
NCNHDE -767
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last
Group Observation
Date
Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004 -PRE
Damselfly
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Element
Accuracy Federal
State Global State
Occurrence
Status
Status Rank Rank
Status
US Army Corps of Engineers
Wake County Open Space
Historical
5 -Very - --
Significantly G5 S2?
Wake County Open Space
Low
Rare
Managed Area Name
Owner
B. Everett Jordan Dam and Lake
US Army Corps of Engineers
B. Everett Jordan Dam and Lake
US Army Corps of Engineers
B. Everett Jordan Dam and Lake
US Army Corps of Engineers
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
Wake County Open Space
Wake County: multiple local government
NC Ecosystem Enhancement Program Easement
NC DENR, Ecosystem Enhancement Program
NC Ecosystem Enhancement Program Easement
NC DENR, Ecosystem Enhancement Program
Wake County Open Space Easement
Wake County: multiple local government
Owner Type
Federal
Federal
Federal
Local Government
Local Government
Local Government
Local Government
Local Government
State
State
Local Government
Definitions and an explanation of status designations and codes can be found at httos: / /ncnhde .natureserve.ora /content/helD. Data query generated on October 1, 2015; source: NCNHP, Q3 July 2015. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE -767: Lewter Property Retail Center
I
Page 3 of 3
�nck,:.a RI
October 1, 2015
1:23,366
0 0.2 0.4 0.8 mi
F -1 Project Boundary
I ", I ' , •
0 0.3 0.6 1.2 km
Buffered Project Boundary
Sources: Esri, HERE, DeLorme, In termap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey,
Managed Area (MAREA)
Page 3 of 3

IMPACT EXHIBIT

ri
r r AREA
I
WETLAND IMPACT SQ FT ACRE
520 0.01
1,272 0.03
h�
I I I I I I I I �� I 3 3,346 0.08
z'— — 4 1,475 0.03
_-
III TOTAL 6,613 0.15
—
III
ENIERTD DOWNS 1 1�
i i l l l l l l l l
10 ,
IMPACT 2:1272 SQ FT IMPACT 1: 520 SQ FT 2072? , °
s o IMPACT 3.3346 SQ FT
_ BMP \
T � � I (WET POND) 1
- v/�/�f�f��li�
BUILDING I ( 1
III "-� � �— � 49,898 SF -
-� IMPACT 4:1475 SQ F
NM�
f I� 111' �'- 1 .Fj r -b i .9.. , tF T -b._ i— ' I. LT l' U 1
iiBSggr — BUILDING 4 ° c 1 I
I 4,288 SF
I CO
1 —KRIA LE WIDTH pUBL1C r � N 0 R T H
739 PG 1921
9. PG.217 j,
RAPHIC SC L
3
15
w \. .
s
,?ich 50 ft, ` I�
rr �C
W EL
WITHERS FlgVEN
WETLAND IMPACT MAP
ENGINEERS 1 PLANNERS 1 fURYR1fOR!
PROPERTY RETAIL CENTER
Rvvisinn I "" ••°' LEWTER PRO www
1. % (No I MacKenan give Cary, North Carolina 2)511 te1: 919-069 -3340 wlMersnavenelsom License o.
1 Dawn By Dare
u+ 7 North Carolina
eb "n Town of Cary Wake County
pg 2140121
i