20041764 Ver 3_401 Application_20071121

^ ~ ^ Kimley-Horn
~ and Associates, Inc.
176~{a3
November 13, 2007
Division of Water Quality
401/Wetlands Unit P~~YME~~~T
1650 Mail Service Center
Raleigh, NC 27699-1650 ~iEGEI~"~~)
Attn: Cyndi Karoly
Re: Modification to Approved 401 Water Quality Certification (DWQ #04-1764, Ver. 2)
Shiloh Crossing Shopping Center
Highway 54 and I-540, Durham/Morrisville, NC
UT to Stirrup Iron Creek [030402, 27-33-4-2, C, NSW]
^
P.O. Box 33068
Raleigh, North Carolina
27636.3068
On behalf of the developer, Kimley-Horn and Associates, Inc. requests a modification to the
previously approved 401 Water Quality Certification for the above referenced project to allow
additional stream, buffer, and wetland irnpacts. Increases to Stream #2 impacts are necessary to
allow the structural design of the proposed twin box culvert to comply with the NCDOT's
standard guidelines. An increase to Wetland #6 impacts is also necessary to allow relocation of
the existing Progress Energy overhead transmission line.
Enclosed, please find five (5) copies of a revised Pre-Construction Notification with changes
highlighted in "yellow", revised Figures 10 and 12, a check in the amount of $240, and an
updated NCEEP Payment Acceptance. A summary of the changes to impacts is as follows:
Stream Impacts increased 8% from 254 linear feet to 274 linear feet ;
Buffer Impacts increased 5% from 38,455 square feet to 40,431 square feet; and,
Wetland Impacts increased 2% from 0.469 acres to 0.479 acres.
If you have any questions, please feel free to contact at me at (9l9) 653-2973 or via e-mail at
[e-mail]
Very truly yours, p~ ~ ~ ~r
KIMLEY-HORN AND ASSOCIAES, INC. ~~
M n~u~ - w~r~k ;.tts~~.rt~°
Craig M. Duerr,~P.E.
...
Attachments
CC: Monte Matthews, USACE Raleigh Regulatory Field Office with 2 copies
Karl Blackley, MBV Investors, LLC
J Chris Callaway, Wal-Mart Stores East, LP
Jim Angeloni, Shiloh Morrisville, LLC
^
TEL [phone]
FAX [phone]

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PR06RAM
November 8, 2007
Karl Blackley
MBV Investors, LLC
100 Weston Parkway
Cary, NC 27513 Expiration of Acceptance: May 8, 2008
Project: Shiloh Crossing County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. Et is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
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/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be mhde prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Neuse
03020201 Stream (feet} Wetlands (acres) Buffer I
{Sq. Ft.) Buffer lI
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 274 0.206 0.273 0 10,883 8,617
Credits 0 0 54$ 0.412 0.546 0 32,649 12,926
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Craig Duen•, agent
File
R~,storut~... F ... Prolx~ Dur Sim

North Carolina Ecosystem Enhancement Program, 1ti52 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-047tilwww.nceep.net

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LEGEND
3~ / EXISTING CONTOURS
~~3SA~ PROPOSED CONTOURS
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DELINEATED WETLANDS
PROPOSED WETLAND IMPACTS
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GRAPHIC SCALE
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( IN FEET )
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Kimley-Horn and Associates, Inc.
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REVISIONS DAZE BY
CONVERT WET DETENTION BASINS 5-15-07 CIAD
PROGRESS ENERGY TRANSMISSION LINE RELOCATION 10-29-07 CMD

WAL-MART STORES, INC./SHILOH MORRISVILLE, L.L.C.
WETLAND IMPACT •6
SHILOH CROSSING
MoRwsv~~~uRHAM FIGURE •10
NORTH CAROLNA

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LEGEND
EXISTING CONTOURS
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~~ PROPOSED STREAM IMPACT(CULVERT)
0 RIPARIAN BUFFERS(ZONE 1)
~_ __~~~~ RIPARIAN BUFFERS(ZONE 2)
Q PROPOSED ZONE 1 IMPACTS
,•,•,•,•,•,•,*,• PROPOSED ZONE 2 IMPACTS
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P.B. 129 PG. 207
GRAPHIC SCALE
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(IN FEET )
1 inch = 40 ft•
.=~ RENSIONS _ DATE BY
CONVERT WET DETEN110N BASINS 1 CIAD
REVISED PER CULVERT STRUCTURAL DESgN 10-29-07 CAIp
Kimley~Horn and Associates, Inc.
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WAL-MART STORES, INC./SHILOH MORRISVILLE, L.L.C.
STREAM IMPACT •2
SHILOH CROSSING
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Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information D ~ ~~~
1. Owner/Applicant Information ~Q~° ~ ~ 2007
Name: MBV Investors LLC
Mailing Address: 100 Weston Estates Parkway WlfrU1N~~~~~OSrrj~u~verFa~saetirH
Cary North Carolina 27513
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: karl(c~prestondev.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Cram M. Duerr
Company Affiliation: Kimley-Horn and Associates Inc.
Mailing Address: 3001 Weston Parkway
Cary North Carolina 27513
Telephone Number: X919) 653-2973 Fax Number: (919678-4176
E-mail Address: crai .d~ uerr(a~kimley-horn.com
Page 5 of 17

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Shiloh Crossing
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Lot 1 - (0747-03-406680 Lot 13 - 0747-04-
604326) Lot 14 - (0747-04-503347), and Lot 15 - (0746-02-697866)
4. Location
County: Wake/Durham Nearest Town: Morrisville/Durham
Subdivision name (include phase/lot number): Shiloh Crossing
Directions to site (include road numbers/names, landmarks, etc.): Northwest quadrant of the
NC Hi hway 540 and NC Hi hg_way 54 (Chapel Hill Road) interchange in the northwest
portion of Wake County and southeast portion of Durham County (south of Surles Court).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8656 °N 78.8445 °W
6. Property size (acres): 115.7
7. Name of nearest receiving body of water: Stirrup Iron Creek
8. River Basin: Neuse River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site is bounded by the proposed Northern Wake Expressway (NC-540) to the south and
east NC 54 (Chapel Hill Road) to the west, and Surles Court to the north. Industrial
warehouses (Imperial Center) and forested land are adjacent to the north.
Page 6 of 17

The nearby vicinity is composed of industrial warehouses, commercial buildings, some
single family residential homes and forested land (Fi ug re 1).
The subject property is primarilywooded with mature hardwood trees. One single family
residential building exists in the southwestern corner and some non-forested areas exist along
the west side of the site along NC Highwa 54. A USGS Topographic Quad Map (Figure 2)
and NRCS Soil Survey Map (Figure 3) are included for reference. Two perennial streams
(unnamed tributaries to Stirrup Iron Creek) and six jurisdictional wetlands are located within
the subject property. Stream 1 originates within the subject property and captures flow from
on-site wetlands. Stream 1 flow west to east into Stream 2 near the northeastern corner.
Once off the snb~'ect property Stream 2 flows through a twin box culvert under NC-540 to
the southeast to Stirrup Creek which continues southeast to Lake Crabtree and Crabtree
Creek. A 265 feet wide CP&L easement for an overhead power transmission lines is located
in the eastern portion of the subject property eg nerally runs north to south (Figure 4).
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed retail shopping center will include 2 big box stores, 10 outparcels, and a large
flex retail area (Fig_ure 5). Phase 1 will include construction of the on-site public road
(Shiloh Glenn Drive) the big box buildings and associated utility and stormwater
improvements. Phase 2 will include portions of the private access (Lower Shiloh Way),
outparcel development and associated utility and stormwater improvements. Phase 3 will
include the remainingportion of the private access and lame flex retail area and associated
stormwater improvements. Heavy equipment such as bulldozers and excavators and some
blasting of rock maybe required for grading and stormwater management. Several retaining
walls will be constructed to minimize impacts. The water and sanitary sewer infrastructure
will be installed within the roadways andparking areas to minimize impacts (Figure 5).
11. Explain the purpose of the proposed work:
The project will create a development node along a major urban transportation corridor
where Major Commercial has been identified on the Town of Morrisville's Land Use Plan.
The development will create a regional shopping center that will serve the rapid residential
growth in this area will be adequately buffered from adjacent properties with no direct
adjacency to residential homes.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Page 7 of 17

A jurisdictional determination has been issued for the on-site wetlands on 4/4/05 (USAGE File
#200421479) and a DWQ on-site stream buffer determination was made on 11/10/04 (DWQ
EXP #04-1764) Refer to Attachment 1 for copies of these documents. USAGE issued the
Section 404 Nationwide Permit (Action ID #SAW-2004-21479-292) on 10/26/06 and DWQ
issued the Section 401 Water Quality Certification (Project #04-1764) on 7/6/07 for the project.
MODIFICATION TO THESE APPROVALS IS REQUIRED FOR THE PROGRESS ENERGY
TRANSMISSION LINE RELOCATIONAND CULVERT STRUCTURAL DESIGN.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The entire project is presented in this application All impacts and environmental factors are
included as part of this application including future Phase 2 and 3 development of the outparcel
Lots 2 through 10 and Lot 12 flex retail area. No additional impacts are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Refer to Figure 6 for an overview of
the wetland and stream impacts ONLY IMPACTS TO WETLAND 6 FOR THE PROGRESS
ENERGY TRANSMISSION LINE RELOCATION AND STREAM 2 FOR THE CULVERT
STRUCTURAL DESIGN FROM THE PREVIOUSLYAPPROVED IMPACTS
Wetland Impact 1 (Permanent -Non Riparian): The proposed impacts to Wetland 1 are due
to grading and fill associated with construction of the Wal-Mart parking lot. Impacts will occur
in Phase 1 and include the entire 0.019 acres of Wetland 1 as shown on Figure 7. Mitigation will
be required PREVIOUSLYAPPROVED
Wetland Impact 2 (Permanent -Non Riparian): The proposed impacts to Wetland 2 are due
t_gradin fill associated with construction of Shiloh Glenn Drive. Impacts will occur in Phase 1
and include the entire 0 108 acres of Wetland 2 as shown on Figure 7. Mitigation will be
required PREVIOUSLYAPPROVED
Page 8 of 17

Wetland Impact 3A (Permanent -Non Riparian): The proposed impacts to Wetland 3A are
due to rg ading and fill associated with construction of Shiloh Glenn Drive. Impacts will occur in
Phase 1 and include 0.073 acres of the northwestern portion of Wetland 3 as shown on Figure 8.
Mitigation will be required. PREVIOUSLYAPPROVED
Wetland Impact 3B (Permanent -Riparian): The proposed impacts to Wetland 3B are due to
grading. and fill associated with construction of Shiloh Glenn Drive. Impacts will occur in Phase
1 and include 0.040 acres at the northeastern portion of Wetland 3 as shown on Figure 8.
Mitigation will be required. PREVIOUSLYAPPROVED
Wetland Impact 3C (Permanent -Riparian): The proposed impacts to Wetland 3C are due to
grading and fill associated with construction of a private access roadway connection from Shiloh
Glenn Drive to Lower Shiloh WaY Impacts will occur in Phase 2 and include 0.166 acres in the
middle of Wetland 3 and 758 square feet of Zone 2 riparian buffer as shown on Figure 8.
Mitigation will only be required for the wetland impact. PREVIOUSLYAPPROVED
Linear Wetland Impact 4 (Permanent -Non Riparian): The proposed impacts to Wetland 4
are due to grading and fill associated with the construction of Lower Shiloh Way and future
development of 2 outparcels (Lots 2 and 6). Flow from Wetland 5 to Wetland 3 will be
maintained with a stormwater bypass for off-site run-off. Impacts will occur in Phase 2 and
include the entire 0.039 acres of Wetland 4 as shown on Figure 9. Mitigation will be required.
PREVIOUSLYAPPROVED
Wetland 5 (Permanent -Non Riparian): The proposed impacts to Wetland 5 are due to
grading and fill associated with the widening of NC 54. Impacts will occur in Phase 1 and
include the 0.004 acres of Wetland 5 as shown on Figure 9. Mitigation will be required.
PREVIOUSLYAPPROVED
Wetland Impact 6 (Permanent -Non Riparian): The main portion of Wetland 6 will not be
impacted however minor impacts are proposed to grading and fill associated with the
construction of Lower Shiloh Way development of Lot 9, and relocation of the existing Progress
Energy overhead transmission line. Flow from the off-site NCDOT drainage will be maintained
with a culvert. Impacts will occur in Phase 2 and include 0.029 acres of the linear wetland
portion of Wetland 6 as shown on Figure 10. Mitigation will be required. PREVIOUSLY
APPROVED AS WETLAND IMPACTS 6A AND 6B BUT MODIFIED FOR THE RELOCATION
OF THE PROGRESS ENERGY OVERHEAD TRANSMISSION LINE.
Stream Impact 1 (Permanent): The proposed impacts to Stream 1 are due to grading and fill
associated with construction of Shiloh Glenn Drive and a 36 inch diameter culvert in the channel
with two 24" diameter culverts above the channel for flood conditions. Impacts will occur in
Phase 1 and include 127 linear feet of stream impact 9 538 square feet of Zone 1 riparian
impacts and 7 988 square feet of Zone 2 riparian impacts as shown on Figure 11. Miti ag tion
will be required for the stream and buffers impacts exceeding 150 linear feet. PREVIOUSLY
APPROVED
Page 9 of 17

Stream Impact 2 (Permanent): The proposed impacts to Stream 2 and riparian buffers are due
to grading and fill associated with connection of Shiloh Glenn Drive to the existing NCDOT
Service Road and two 9-foot x 10-foot box culverts in the channel. Two similarly sized box
culverts exist 100-feet to the southeast under I-540. Impacts will occur in Phase 1 and include
147 linear feet of stream; 8 552 square feet of Zone 1 • and 5,233 square feet of Zone 2 as shown
on Figure 12. Mitigation will only be required for the stream impact. PREVIOUSLY
APPROVED BUT MODIFIED FOR THE STRUCTURAL DESIGN OF THE CULVERT IN
ACCORDANCE WITH NCDOT STANDARD GUIDELINES.
Buffer Impacts (Permanent): The proposed impacts to Zone 1 and Zone 2 riparian buffers are
due to grading and fill associated with construction of stormwater outlet pipes from the Extended
Detention Wetland A level spreaders (LS-1 and LS-3) for diffused flow from Shiloh Glenn
Drive and access to the Pro~xess Energy (formerly CP&L) overhead transmission line structures.
Impacts will occur in Phase 1 and include a total of 1,792 square feet of Zone 1 riparian impacts
and 7 320 square feet of Zone 2 riparian impacts as shown on Figures 13 and 14. Mitigation will
not be required. PREVIOUSLYAPPROVED
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Area of
Wetland Impact Type of Wetland Located within Distance to Impact
(WI) Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream (acres)
Site Number herbaceous, bog, etc.) (yes/no) (linear feet)
WI 1 Parking: Grading and Fill Forested No 900 0.019
WI 2 Road: Grading and Fill Forested No 500 0.108
WI 3A Road: Grading and Fill Forested No 100 0.073
WI 3B Road: Grading and Fill Forested No 100 0.040
WI 3C Road: Grading and Fill Forested No 50 0.166
WI 4 Road & Outparcels: Forested No 300 0.040
Gradin and Fill
WI 5 Road: Grading and Fill Forested No 800 0.004
WI 6 Road: Grading and Fill Forested No 200 0.029
and Utili Relocation
Total Wetland Impact (acres) 0.479
3. List the total acreage (estimated) of all existing wetlands on the property: 1.577
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 10 of 17

Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Stream Impact 1 UT to Stirrup Iron
Creek Road: Culvert &
Dissipater Pads perennial 3-feet 127 0.009
Stream Impact 2 UT to Stirrup Iron
Creek Road: Culvert &
Dissipater Pads perennial 15-feet 147 0.051
Total Stream Impact (by length and acreage) 274 0.059
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.059
Wetland Impact (acres): 0.479
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 274
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 11 of 17

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed development has undergone multiple changes and revisions to avoid and minimize
impacts to wetlands streams and riparian buffers The design concept has considered
preservation of these natural areas to help buffer the scale of the project and provide a pedestrian
friendly sidewalks offering views into the wetlands and stream corridor.
The location of the main site entrance along NC 54 was set by NCDOT based on breaks in
control of access and required traffic signal spacing. Shiloh Glenn Drive was located to avoid
impacts to stream buffers and wetlands while~roviding minimum capacity and adequate traffic
patterns (Figure 5) A traffic circle has been used to allow a more perpendicular crossing of
Stream 1 and reduce lanes from 3 to 2 to minimize impacts (Figure 11). In addition, a variance
was obtained from the Town of Morrisville to reduce the design speed and pavement width for
Shiloh Glenn Drive to further minimize stream impacts. Impacts to Stream 2 are unavoidable
due to existing disturbance related to NC-540 construction required connection to the existing
NCDOT Service Road to allow for traffic to Slater Road (Fi ug re 12). DWQ's Sam A~himien,
Debbie Edwards and Mike Horan did not object to these crossings in a meetin og n August 3I,
2005 The maiority of the stormwater run-off from Shiloh Glenn Drive will be treated with level
spreaders however a small area at the crossing of Stream 2 cannot be treated. Modification to
increase Stream #2 impacts 20 linear feet required for the structural design of the culvert to
comply with NCDOT standard guidelines for setback for guardrails and head wall heights.
Impacts at Wetlands 3A and 3C were not originally considered• however, the Town of
Morrisville required a private access to connect from the Shiloh Glenn Drive to Lower Shiloh
Way to provide additional "stacking" on Shiloh Glenn Drive and to restrict the intersection with
Lower Shiloh Way near Wetlands 2 and 3C to a "right-in/out and left over" movement for
adequate traffic flow (Figures 5 and 8~. DWQ's Amy Chapman and Ian McMillian generally
accepted the need for the impacts in the June 2 2006 meeting Impacts to Wetlands 3A and 3C
have been minimized with wing wall sections on both sides of the proposed culvert and the
reduction in lanes from 3 to 2 at the crossing with the addition of the western most traffic circle.
Impacts to Wetland 3 were avoided to the extent practicable to allow construction of Shiloh
Glenn Drive Design plans have been revised to protect sidesl~es and add retaining walls on
the south side of the Shiloh Glenn Drive to minimize the impacts to Wetlands 3A and 3C.
Wetlands 5 and 6 have been almost entirely avoided (Figures 9 and 10). In addition, the existing
hydrolo~y of Wetlands 3 and 6 have been maintained with the proposed culverts and by-pass
Wiping to allow the natural flow of stormwater to continue to release into these wetlands.
Modification to increase Wetland #6 impacts 0.010 acres required to accommodate the relocation
of the Progress Energy overhead transmission line.
Page 12 of 17

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Payment into the NCEEP is proposed for mitigation of stream, wetland, and buffer impacts.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 13 of 17

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres)
Amount of Coastal wetland mitigation requested (acres):
* Mitigation only required for stream and buffer impacts at Stream # 1
IX.
X.
Environmental Documentation (required by DWQ)
508
40,590
0.206
0.273
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office maybe included as appropriate. Photographs have been included
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify? Yes ® No ^ Neuse River Basin
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required *
Miti ation
1 18,533 3 (2 for Catawba) 28,608
2 19,912 1.5 11,982
Total 38,445 40,022
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel;
Zone 2 extends an additiona120 feet from the edge of Zone 1.
** Mitigation only required for buffer impacts at Stream #1 for impacts greater than 1501inear feet
Page 14 of 17

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Payment to NCEEP is proposed for mitigation of stream and buffer impacts associated with
Stream #1 only Refer to the acceptance letter from NCEEP included in Attachment 3.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The proposed development will disturb approximately 90.42 acres of the 115.7 total site acreage.
Pre-development conditions include approximately 0.4 acres of impervious area and Post-
development conditions include approximately 79.4 acres of impervious area (Attachment 2).
Approximately 25 23 acres of undisturbed grass and wooded area will continue to drain to the
on-site perennial stream channel (unnamed tributary to Stirrup Iron Creek).
Please note construction will occur in~hases with initial Stormwater controls for Phase 1 limited
to Extended Detention Wetland A for Lots 1 13 and 14 and four level spreaders for Shiloh
Glenn Drive Stormwater controls will be constructed later for future Phase 2 development of
Lots 2 through 10 including_Extended Detention Wetlands B and C and for future Phase 3
development of Lot 12 including Extended Detention Wetlands D and E.
The extended detention wetlands have been designed to treat the first 1-inch of Stormwater run-
off and remove 85% total suspended solids. The level spreaders have been designed per the
bypass alternatives allowable by NCDENR for diffuse flow through buffers for compliance with
DWQ's Level Spreader Design Guidelines Final Version Effective Date 1/1/2007. Nitrogen
loading rates will effectively be reduced below the required 10 lbs/acre/year per the Neuse
Stormwater Rule (15A NCAC 2B 0235) for the entire site. Adequate storage will be provided to
reduce post-development peak discharge flows to below pre-development peak discharge flows
for the 1 2 and 10-y_ear storm events in accordance with the City of Durham's Stormwater
Design Criteria and Town of Momsville's Stormwater Runoff Management Policy. Refer to
Attachment 2 for Pre and Post-Development Drainage Exhibits and NCDENR design summary
worksheets for the proposed extended detention wetlands and level spreaders.
The project will include off-site roadway improvements to NC 54 NCDOT Service Road, and
Surles Court Slater Road and Hopson Road intersections. Stormwater controls for widening of
NC 54 a_diacent to the site will be combined with existing run-off from NCDOT's R2000ab TIP
and discharged into a velocity dissipater approximately 100-feet in front of Wetland 5. After
diffuse flow through the wetland the Stormwater will be piped to bypass a portion of the site and
discharge into Wetland 3 at the headwaters of Stream 1. Stormwater for the other off-site
improvements for NCDOT maintained roads will be routed into the existin dg_rainage structures.
Page 15 of 17

XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The Town of Morrisville Concourse Interceptor Improvement will extend sanitary sewer service
to the site. Wastewater will be treated through the Town of Cary wastewater treatment facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The site is bounded by NC Railroad to the west, NC-540 to the south and east, and Imperial
Center to the northwest. The onlyundeveloped area is to the northeast with access from Slater
Road and existing NCDOT Service Road. The proposed development will construct Shiloh
Glenn Drive from NC 54 through the site and across an unnamed tributary to Stirrup Iron Creek
fat the east end of the project) to connect to an existing NCDOT Service Road which continues
to Slater Road. Refer to Attachment 4 for an exhibit of the overall development in the vicinity
and the existing. 2 lane paved shoulder section of the NCDOT Service Road which ends at the
crossing of the unnamed tributary of Stirrup Iron Creek. Making the connection to Slater Road
through the site is the last remaining section to connect the NCDOT Service Road from NC 54
It is possible that providing this connection would make the undeveloped land west of the
existing NCDOT Service Road and northeast of the site more attractive for development.
However the development overlays shown on the exhibit in Attachment 4 are a direct result of
NC-540 construction and not related to the project. Since construction of the road extension
itself will not result in any further impacts than already requested herein, the only other potential
indirect or cumulative impacts would be from future development to the west of Slater Road.
Impacts to stream wetlands or buffers in these locations would be subject to regulation by the
USACE and DWQ. Additionally all of the undeveloped land would be within the City/County
of Durham's jurisdiction which has its own buffer ordinances and extensive stormwater
management requirements that meet or exceed DWQ's requirements. These requirements which
apply to all new development include nutrient reduction requirements per the Neuse Buffer
Rules control of peak discharge for the 2 and 10 year-24 hour storm events, and 85% TSS
removal requirement per NPDES Phase II requirements. As such, all potential indirect and
cumulative impacts would be addressed bathe existing_re ug_ latory framework.
Page 16 of 17

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Final Stormwater Management Plans for Extended Detention Wetland A and 4 level spreaders
for Shiloh Glenn Drive for the initial Phase 1 development of Lots 1, 13 (Sam's Club), and 14
(Wal-Mart) have been enclosed with the Pre Construction Notice. At a later date, Stormwater
Management Plans for Extended Detention Wetlands B and C for future Phase 2 development of
Lots 2 through 10 and Extended Detention Wetlands D and E for future Phase 3 development of
Lot 12 will be submitted for review. Assuming DWQ approves the Stormwater Mana eg ment
Plans for the initial Phase 1 development, the following lan ug_a~e (available in electronic format)
is requested to be used in the Section 401 Water Quality Certification as it relates to stormwater:
Phase 1:
The final stonnwater management facilities for Phase 1 (that includes Lot 1, Wal-Mart, Sam's
Club and Shiloh Glenn Drive) shall be constructed according to the approved stormwater
mans eg ment plans received on Mav 15, 2007. The stormwater drainage infrastructure and
treatment facilities shall be constructed and operational prior to occupying any of the above
buildings.
Phase 2:
Final rg_ading and impacts to Wetlands #3C, #4, #6 will be based on the preliminary stormwater
mana eg ment plans received May 15 2007. None of the building and infrastructure associated
with Phase 2 (that includes Lots 2 through 10 and Lower Shiloh Wad will be occupied until the
stormwater drainage infrastructure and treatment facilities are constructed and operational
according to the approved stormwater management plans.
Phase 3:
Final rg ading will be based on the preliminary stormwater mana eg ment plans received Mav 15,
2007. None of the building and infrastructure associated with Phase 3 (that includes Lot 12) will
be occupied until the stormwater drainage infrastructure and treatment facilities are constructed
and operational according to the approved stonnwater mana eg ment plans.
// /9 /!
Applicant/Ag nt' Signature D to
(Agent's signature is va id only if an authorization letter from the applicant is provided.)
Page 17 of 17