20080973 Ver 2_401 Application_20081208

Via Federal Express
December 17, 2008
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: Mr. James Sherri
Re: Pre-Construction Notification
Proposed Lowe's Site
Holly Springs, Wake County, NC
H&H Job No. LPA-015
ti Hart & Hickman
A PROFESSIONAL CORPORATION
SMARTER SOLUTION
--CIUR CLIENTS DEMAND A PR@ROWRY
DEC 1 8 2008
Dear Mr. Shern: D "sTOR?, BRANCH
I kart & I [ickman, PC
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Please find the attached Pre-Construction Notification (PCN) and request for coverage under
Nationwide Permit 39 for construction of a proposed Lowe's home improvement store in Holly
Springs, North Carolina. H&H has conducted screening surveys for protected species and
cultural resources. Documentation of these surveys and responses obtained from the NC State
Historic Preservation Office (SHPO) and the NC Wildlife Resources Commission (WRC) are
attached. The US Fish and Wildlife Service did not respond to our request for comment. In
summary, no protected species or cultural resource concerns were identified.
Because of scheduling considerations, H&H has requested that the North Carolina Department of
Environment and Natural Resources (DENR) review this project under their Express Review
Program. We would also appreciate your prompt attention to this matter. Should you have any
questions or need any additional information, please feel free to contact me.
Very truly yours,
Hart & Hickma C
at ramblett, PE
Principal and Project Manager
Attachments
Cc: NC DENR DWQ, (with 1 copy of the PCN Addendum, 5 Copies of PCN and Site
Development Plans, two copies of the Storm Water Management Report. a CD
containing Site Development Plans and $1,000 Check; All by Fedex)
Mr. Todd Simmons, F&K (PCN and Addendum)
Mr. Nicky Wagoner, Lowe's (PCN and Addendum)
CHARLOTTE 704-586-0007 RALEIGH 919-847-4241 ' WWW.HARTHICKMAN.COM
S:\AAA-Master Projectareeland Kauffman - FAK\FAK-099 Holly Springs', Wetlands Perm[[ w.Tover Lever doc
Addendum to the Pre-Construction Notification and "Buffer Rules" Application Required for
Projects Submitted Under the
"Express Review Program"
North Carolina Division of Water Quality Version 5.0
October 1, 2006
Email Address: [e-mail]
Purpose: To provide a detailed explanation of the information required by the Division of Water Quality
in order to expedite the review of applications for 401 General Water Quality Certifications, Isolated
Wetland Permits, Stream and Wetland Mitigation Plans and Riparian Buffer Approvals (Please Note: do
not leave any questions unanswered or use terms such as "N/A" without an explanation).
Fees:
401 Water Quality Certifications:
Riparian Buffer Authorization:
Riparian Buffer Minor Variance:
Coastal General "Major Variance"
Isolated Wetland Permit:
Major (>/= 150' stream or >/= 1 acre wetlands) $2,000.00
Minor (< 150' stream or < 1 acre wetlands) $1,000.00
(exclusively or "in addition" to) $2,000.00
$1,000.00
$1,500.00
General $1,000.00
Please read the entire document before attempting to determine the proper fee. Fees are additive for
particular projects.
Things to keep in mind when filling out the application:
A specific answer must be provided for each question. For instance, if a numerical answer is requested
then a numerical answer must be provided along with the supporting information necessary for DWQ staff
to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses,
the explanations must be completely supported by documentation. DWQ staff cannot assume that
unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any
question since the DWQ Staff reviewing the application must have an opportunity to determine whether or
not any requested information is pertinent.
All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our
web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at
http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the
applicant or the applicant's consultant to verify that the current versions are used. The versions posted
on our web site will be considered to be the current versions.
You are a very important part of the success of this program, if you have suggestions or clarifications
please send your comments to the Wetlands/401 Unit of the DWQ (via email at
401 [e-mail]).
Filling Out the Pre-Construction Notification Application:
The Corps of Engineers (USACE)/DWQ official, joint Pre-Construction Notification (PCN) Application
must be used as a basis for the expedited review process. The completed application should be
presented first and the supporting information tabbed and collated in the same order. Using a custom
format is not recommended. The open squares m are checklist items. The following items correspond to
the numbering system on the Pre-Construction Notification Form (PCN):
IMPORTANT. USE CHECK BOXES TO TRACK PROJECT INFORMATIO l ffl@ P3 OWN
DEC 1 8 2008
DENR - WATER QUAUTY
WETLANDS AND STORMWAM FNICM
2
SECTION I. PROCESSING
I& 2.The USACE determines which Nationwide, Regional, or General Permit is
required. If you have verified with the USACE which permit they intend to use for
your project or if you already have written approval from the USACE, please
indicate by adding "verified" or "verified, attached", respectively, in the blank next
to the Permit number requested.
Attach the USACE Approval if you have it.
N 3. It is not anticipated tnat the expedited process will be reouested for this situation.
Not a courtesy copy
X 4. If you propose to impact iou feet or more of perennial stream or 1 acre or more
of wetland and onsite mitigation is not proposed, it is recommended that you
either locate an acceptable private bank with available credits (with
documentation to show that the bank can and shall provide the credits needed)
or obtain approval from the EEP for the entire amount of stream and or wetland
as DWQ will make the final determination as to whether or not mitigation applies.
A complete Express application is not considered received unless an EEP
approval letter is attached if mitigation is requested through EEP. Please note
that the USACE may have different mitigation requirements and thresholds.
See Appendix E for NCEEP Acceptance Letter
P? 5. State whether your project will require a CAMA Minor, Major or General Permit
and give the status of the permit.
Project not located in Coastal County
SECTION II - APPLICATION INFORMATION
1. 15 NCAC 2H.502(o reads as follows: "Who Must Sign Applications. The application
shall be considered a "valid application" only if the application bears the signature of a
responsible officer of the company, municipal official, partner or owner. This signature
certifies that the applicant has title to the property, has been authorized by the owner to
apply for certification or is a public entity and has the power of eminent domain. Said
official in signing the application shall also certify that all information contained therein
or in support thereof is true and correct to the best of his/her knowledge."
:K Please indicate how the applicant meets the above definition and provide
supporting documentation. See Appendix A in PCN Application
X Please provide all of the requested contact information including a fax
number and email address. See PCN Application Section II
2. R? If the application is not signed by the applicant, please attach the agent authorization
letter. The applicant must sign the agent authorization letter. The applicant's name
and position must also be spelled out as many signatures are difficult to read.
See Appendix A in PCN Application
3. x Please provide all of the requested contact information including a fax number and
email address. See PCN Application Section II
SECTION III - PROJECT INFORMATION
The following is the most critical of all the information that you must provide. The quality and detail of the
information will often determine the expeditiousness of the review. The following is a checklist of the
types of pertinent information required at a minimum:
Maps and Plans:
X The most recent version of the 1:24,000 USGS Topographic Map- Please cleanly
delineate the site boundaries, etc. on the map. If the delineation obscures any of the
features, it is recommended that a clean copy be provided. Please indicate the
quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplistso to
verify the most recent version. See Figure 1 in PCN Application
Pq The most recent version of the NRCS Soil Survey Map - (required for projects within
the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the
Catawba River Basin, also recommended for all projects) - Please cleanly delineate the
site boundaries, etc. on the map. If the delineation obscures any of the features, it is
recommended that a clean copy be provided. Please indicate the page or map number
from which the copy of the map was made. Copies of the current soil survey and/or soil
survey map sheets can be obtained from the local NRCS County Office
(http://www.nc.nres.usda.govo. GIS soil layers are not acceptable.
See Figure 2 in PCN Application
* Vicinity map - Please clearly mark the location and approximate boundaries of the
property and project on the map. Please indicate north and scale. Please include
applicable road names or State Road numbers. See Figure 3 in PCN Application
* The Site Plan - The most critical map to be provided is the site plan. You must Provide
full sized plans. The following is the minimum list of plans that are typically needed.
X Pre-construction/Pre-existing conditions - This sheet must be scaled and
include all jurisdictional and non jurisdictional wetland, stream, water features,
State regulated buffers, topographic contours with elevations, approximate extent
and nature of forest, field, landscaping, or other cover. Any existing structures and
impervious area must be shown. Existing utility lines and easements must be
shown. Existing roads, culverts, and other pertinent features must be shown. North
arrow and the scale must be shown. Please note that the impact boundaries on the
maps should correspond to the flagged impact boundaries in the field.
Included with PCN application
R? Proposed conditions - These sheets must be scaled and show all existing
jurisdictional and non-jurisdictional wetland, stream, water features, and State
regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site
plan(s). The plans must show all built-out structures and impervious cover. The
plans must include the final grading contours with elevations. The plans must
indicate all utilities and easements. It is likely that several versions of the final built-
out site plans will be necessary. Included with PCN application
Drainage Plans - Final drainage plans must be included. The plans should include
the locations and pertinent elevations and sizes of the collection system and
drainage ways. All inlets and outlets must also be shown with pertinent elevations.
Scaled stormwater BMPs must also be indicated as required by DWQ rules and
policies. In certain cases, final stormwater management plans must also be
provided, but that will be addressed later in this document.
Included with PCN application
LK Plats - The plans must show the location and layout of all sub-divided parcels with
lot identifications. Platted parcels must be developable without further impacts to
jurisdictional and non-jurisdictional wetlands streams water features and State
regulated buffers. Included with PCN application
X Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland,
stream, water features, and State regulated buffers must be shown and labeled on
the site plans. All excavation, fill, flooding, stabilization, and other impacts that will
be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated.
See Figures 3-5 in PCN Application
4
Wetland Impacts (on the site plan):
X Precise grading and final elevation contours must be provided. Existing vegetation and
any clearing must be specified. See Site Plans
All subsurface utility lines must indicate the location of anti-seep collars. Construction
detail for anti-seep collars must be provided. See Site Plans
R? Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions. See Site Plans
When surface drainage features or groundwater recharge areas that feed or would
reasonably feed wetlands that are not to be filled are made impervious, it may be
necessary to direct some stormwater runoff to those areas in order to maintain hydrology.
You must identify these areas and address them. Supporting explanations and discharge
information must be provided to show that the wetland would not be eroded or receive
too much or too little hydrology. In many cases this could help satisfy part of a
stormwater management plan. See Site Plans
Flooding
See Site Plans and Stormwater Management Plan
* Draining
Stream Impacts:
Stream impacts must be clearly shown on the plans. The centerline as well as the banks
of the stream must be surveyed or located by GPS for the portion of the stream to be
impacted. This project does not propose stream impacts
Culverting: Not Applicable
? The inlet and the outlet of the culvert should be aligned with the stream as much as
possible. Inlet and outlet elevations and streambed elevations should be indicated.
Any widening of the stream must be shown with elevations.
? The extent of and plan details for all dissipation or grade control devices should be shown
with pertinent elevations.
For shorter culvert sections, such as for road crossings, a longitudinal cross section that
shows the stream bed invert at the inlet and outlet, the existing stream bank elevations
and the invert of the inlet and outlet of the pipe(s) must be provided.
? For shorter culvert sections, such as for road crossings, a vertical cross section must be
provided that shows the stream cross section at the inlet and outlet overlain with the
culvert and fill cross section.
? For bottomless culverts or other spans, a vertical cross section should be provided that
shows the minimum distance from each span to each stream bank, the stream cross
section, the height of the span above the stream and the minimum distance from the
edge of each footer to each stream bank.
? For bottomless culverts or other spans, a plan view must be provided that shows the
location of the spans and the stream banks.
11-1 For longer culverts or culverts that will pass beneath substantial impervious cover, it will
be necessary to provide adequate plan detail to show that discharge velocity/energy will
be adequately dissipated.
? Cross section details must be provided showing the provisions for aquatic life passage.
Aquatic life passage through culverts is typically achieved by placing the invert of the
culvert below the existing bed of the stream per the USACE or North Carolina Wildlife
Resource Commission guidelines. Other methods such as baffles may also be used.
Please be aware that such placement may require the use of grade/velocity control
measures up or down stream of culverts on steeper streams to prevent head-cuts or
streambed erosion. The culvert placement relative to the streambed can be indicated on
the longitudinal profile. Grade and velocity control measures must be indicated on the
plan view and typical designs should be provided.
Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills,
off-setting or other means to match the cross section of the existing stream (in order to
maintain stream stability and provide aquatic life passage). A vertical cross section of the
culverts should be shown overlain with the up and downstream stream cross section
including the stream flood-prone area.
Impacts associated with dam construction must indicate and enumerate all fill associated
with the dam footprint, spillway and any bank stream bank stabilization. The length of
stream impounded must also be indicated and enumerated.
Stream Relocations: Not Applicable
? Stream relocations must be conducted as specified in General Certification numbers
3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must
include:
? Morphological measurements (see Appendix B of the Internal Technical Guide for Stream
Work in North Carolina available on the Wetlands Unit web site) - not all of the
measurements are applicable in every instance.
Typical stream cross sections - Typically, a riffle cross section and a pool cross section
that includes the entire flood prone area. The bankfull and flood prone area elevations
should be indicated. Similarly, a riffle cross section of the reference stream(s) should be
provided.
11 Plan view - Provide scaled plans that show the location of the proposed (preferably with
stationing) and the existing stream. In most instances, the bankfull contours and flood
prone area contours, in stream structures, bank revetments/stabilization, channel plugs,
planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts,
sewer lines, roads, fencing, and easement lines should also be provided.
u Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top
of bank elevations should be provided for the design and reference streams. In many
cases, it will also be necessary to show the existing land elevations for the design
stream.
? Planting Plan - A planting and/or vegetation management plan should also be provided
that makes use of appropriate native vegetation. The plan should indicate the extent,
density, and species of plants to be provided.
? In-stream structure, bank revetment/stabilization, and stormwater outlet typicals -
Detailed, typical plans should be provided for all in stream structures, bank revetments or
stabilization, and stormwater outlets. The typicals should include materials and
specifications as well as relative lengths, positions, and angles.
C Sediment transport analysis - A sediment transport analysis should be provided based
on the current, relevant, accepted practices. The sediment transport analysis should be
relevant to the streambed load type and should predict bed load transport equilibrium.
F1 Permanent conservation easement or similar means of protection must also be provided.
Other Information:
1. The project should always be referred to by this name in all correspondence as well
as the DWQ # once it is provided. Proposed Lowe I s Store of Holly Springs, NC
N 2. This only applies to DOT projects, which are not expected to utilize the Express
Review Program. NA
P?T 3. This should be the size of the project as identified by the USACE for 404 Permits or
by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits.
See PCN application Section III #3
4. Please provide the name (as depicted on the USGS topographic map and DWQ
Stream Classification Lists) of the nearest water body(ies) to which your project is a
tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not
simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream
index number" of the named water body or water body section (e.g. "27-(1)"). Also,
please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water
body. This information can be obtained from the DWQ web site
http://h2o.enr.state.ne.us/bims/Reports/reportsWB.htmi.
See PCN application Section III #7
X 5. Please state which river basin and sub-basin that your project is in (e.g. "Neuse River
Basin, NEU01"). This information can be obtained from the DWQ web site
http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html.
See PCN application Section III #8
6. Conditions should also be indicated on the existing site plan where applicable.
Photos (including aerial photos) can be helpful in describing the existing conditions.
See Site Plans and PCN application Section III #9
7. You must provide an attachment that explicitly describes what the proposed project
will entail from the planning stage to final construction.
See Appendix F in PCN Application and Site Plans
N 8. This can be a simple explanation, but it is critically important because the purpose
dictates how the no practical alternatives are reviewed.
See Appendix D in PCN Application
SECTION IV - PR IOR PROJECT HISTORY
Please include copies of all 401 Water Quality Certifications, Isolated Wetland
Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a
copy of the final approved, site plan.
See Appendix C and Section III #12 in PCN Application
SECTION V - FUTURE PROJECT PLANS
For projects utilizing the express review process, all impacts both present and
potential future must be indicated. For instance, the location or configuration of
platted lots sometimes suggests that future impacts will be necessary to build,
access, or otherwise develop such lots. Failure to account for such potential impacts
could delay or disqualify a project from the rapid review process. If you believe that
the lot can be developed without impacts, but you anticipate that your assertion may
be questioned, it is recommended that you provide a potential building foot print
and/or grading plan to show that future impacts could be avoided.
See PCN Section IV
SECTION VI - PROPOSED IMPACTS TO WATER OF THE US
R 1. It is recommended that the individual impacts be described if there are special things
to note about the impacts. Typically the most important thing is to have detailed
accurate site plans as described above. Please make sure they are clearly labeled.
See PCN application Figures 375
X Please include all proposed temporary impacts.
See PCN application Section V #2 and PCN Figure 4
7
X Also, a current, signed delineation map from the USACE should be provided (if
available) and a map locating the stream origins signed by the appropriate DWQ
Staff must be provided if applicable. See Appendix B of PCN application
K 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The
type of impact must be clearly stated. If the impact is temporary, a specific plan must
be described or shown as to how the wetland will be restored. Keep in mind that the
USACE delineates some features as wetlands that DWQ calls streams. Please list
any impacts in this table that DWQ would identify as a stream. If there is any doubt,
it is recommended that the impacts be listed as streams. Please follow current DWQ
policy with respect to whether a stream is perennial or not. It is recommended that
you assume that a stream is perennial (unless you are positive that it is not) so if
mitigation is required then the appropriate amount of mitigation would be anticipated
or requested from the EEP or private bank. If the EEP or private bank has pre-
approved too short of an amount of stream or if inadequate mitigation is proposed,
then that situation will result in delays. See PCN application Section V #2
F? 3. Sometimes it is difficult to determine whether a feature is a modified natural channel
or a ditch, especially in the eastern part of the State. Soils, drainage features,
topography, macroinvertebrates, and similar factors, all are important for making that
determination. See PCN application Appendix B
k 4. Other items to address not specifically requested in the application include
downstream sediment starvation, thermal pollution, low flow releases from dams, and
aquatic life passage. Other important considerations are buffer reestablishment or
mitigation around ponds on buffered streams. The site plan should include the
precise elevation contour of the normal pool as well as the dam footprint. Mitigation
is required for wetland flooding of an acre or greater and for stream fill (if over the
150 foot threshold) under the dam footprint and any outlet stabilization. NA
SECTION VII - AVOIDANCE AND MINIMIZATION
Avoidance and minimization are critical aspects of an application particularly if you desire the application
to be processed expeditiously. The following is a checklist of avoidance and minimization questions that
DWQ Staff often look for in applications.
fed Are there any stream crossings at angles less than 75° or greater than 105°?
No
N Are there any stream crossings that cross two streams above or at the confluence of those
streams? No
R? Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road
crossing near the edges of the property? Yes, See Figure 5
Can the stream be relocated as a natural channel design as opposed to culverted or
otherwise filled? NA
• Is any single stream crossed more than once? No
• Can property access routes be moved or reduced to avoid stream, wetland, water, and
buffer impacts? No impacts associated with property access routes
x Can a building, parking lot, etc. be realigned to avoid impacts?
See PCN application Appendix D
k Can the site layout be reconfigured to avoid impacts?
See PCN application Appendix D
51 Can headwalls or steeper side slopes be used to avoid/minimize impacts?
See PCN application Appendix D
R Can a retaining wall be used to avoid/minimize impacts?
See PCN application Appendix D
?q Can cul de sacs be used in place of a crossing?
See PCN application Appendix D
Can lots be reshaped or have shared driveways to avoid impacts?
See PCN application Appendix D
If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions
then you must have to provide substantial and convincing justification as to why the impacts are
necessary. If the impacts are required by a local government or other agency, the claim must be
supported with appropriate written documentation from the local government or other agency. Most
projects typically involve the need to justify avoidance and minimization. If this information is not readily
available, then the express review process may not be the appropriate venue to use. Providing
alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar
to those used in environmental assessments) and explanations as to why the preferred plan is needed
and why the alternative plans won't work are many times helpful in the no practical alternatives review.
SECTION VIII - MITIGATION
Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final
plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian
Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed
plans, specifications, calculations and other supporting data that show that the appropriate mitigation will
be achieved at the ratios required. The design plans must be developed to at least the "90%" level.
Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent
conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is
recommended that you request the maximum possible mitigation amount that DWQ may require so that
you will not have to get further approval from them on short notice. The EEP and private banks are not
part of the expedited review process and cannot be expected to meet any such deadlines. There will be
no conditional expedited approvals that require final plans at a later date. It is not recommended that
innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited
process. See PCN application Section VII and Appendix E
SECTION IX
If your project requires the preparation of an environmental document under NEPA or SEPA and an
approval letter has not been issued by the State Clearinghouse, then you cannot apply under the
expedited review process. It is your responsibility to find out if such documentation is required.
NEPA and SEPA do not apply to this project
SECTION X
There are many aspects of the Buffer Rules that must be addressed in every application, if applicable.
The first and most important thing to keep in mind is that allowable activities that require written Approval
from DWQ triggers a review of the entire project for compliance with the Buffer Rules.
Buffer Rules are not applicable to this project
Diffuse Flow & Stormwater Management: See PCN application Appendix C
1 The most common issues that arise involve the requirement for diffuse flow of stormwater
through riparian buffers. Basically one of three things must be indicated in regards to all
"new" stormwater that is collected and subsequently discharged. First, provisions for
diffuse flow through the protected buffer must be made. This usually involves the use of
level spreading devices designed to the latest DWQ guidance on level spreader design,
which is available on our web site. Please keep in mind that it does not matter how far a
discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at
whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a
diffuse manner through the protected buffer at the point it reaches the buffer, then one of
the following options may be allowed:
? You may provide a nitrogen removing measure such as a forested filter strip,
grassed swale, stormwater wetland, etc. The measure employed should be
designed according to the NC DENR Stormwater Best Management Practices
Manual or other DWQ Guidance available at
http://h2o.enr.state.nc.us/ncwetlands/regcert.htm1. After the nitrogen is treated, the
stormwater can be directly conveyed through the buffer with written DWQ approval.
? You may discharge the stormwater to an existing man-made conveyance that
currently conveys stormwater through the protected buffer (assuming the
conveyance was not constructed in violation of the Rules) as long as that
conveyance does not need to be altered to convey the flow. Please remember that
there are no other choices. The following checklist is intended to help insure that
your application will not be deemed incomplete as a result of improper stormwater
design.
Stormwater Management (for Buffer Rules compliance only -Also, see Section XI): Not Applicable
? All stormwater out-falls must be clearly shown and labeled on the site plan for projects in
Buffered watersheds. List each out-fall as labeled:
? Option 1: Level spreading devices designed to the latest DWQ Guidance, and
devices that merely control velocity but do not provide diffuse flow such as rip rap
dissipators are not proposed. List each of these out-falls as labeled on the site
plan and provide a DWQ worksheet available at
http://h2o.enr.state.nc.us/ncwetlands/regcert.htm1:
? Option 2: Nitrogen removing measures designed to DWQ Standards are
proposed for discharges for which diffuse flow through a protected Buffer cannot be
met. List each of these out-falls as labeled on the site plan and provide a DWQ
worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.htmI
? Option 3: The stormwater will be discharged to an existing man-made (not
including modified natural channels) conveyance that carries the stormwater
through the Buffer. The conveyance was not constructed in violation of the Buffer
Rules. List each out-fall as labeled:
? All stormwater out-fall must meet one of the options above. (Note: if you cannot check this
box your application will likely not be accepted into the express review process.)
Site Plans: NA
? All applications on properties with DWQ protected buffers must clearly depict the buffers
and any impacts to the buffers on the site plans. The impact maps should clearly depict
both zones of the protected buffers and the proposed impact areas (provided in square
feet).
Surface Water & Buffer Delineations: NA
? Any surface waters subject to DWQ protected buffers must be field located and accurately
depicted on the site plans and impact maps. The width, dimensions and pattern of the
surface water must be delineated. The surface water location must not be taken simply
from a USGS map, soil survey or local municipality's map. The buffers must be measured
from the surface water as required within the applicable buffer protection rule (e.g., all
buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be
measured from the "top-of-bank" of the stream and not the centerline of the stream). All
streams must be surveyed or located by GPS and shown precisely on the site plans.
Impact Table:
10
Please provide additional impact tables that clearly state the area of impact for each
corresponding impact site. See PCN application Figures 3-5
Variances: NA
R Projects that require a Major and/or "General" Variance will not be eligible for the use of the
Express Review Program (with the exception of the Coastal General "Major" Variance.
Mitigation: NA
As opposed to applications that are submitted under our regular process, final mitigation
plans must be presented up front (see requirements for Section Vlll above). The mitigation
plans must comply with the applicable buffer mitigation rule. See Appendix E in PCN application
SECTION XI - STORMWATER
Please provide the following information in regards to potential stormwater requirements:
* The total acreage of the site. 17 . 62 (acres)
The total built-out impervious acreage 12.64 (acres)
* The total area that will be disturbed 12 .64 (acres)
N If the total area exceeds 20% imperviousness, the development on the site is uniform in
density, and you claim that the total impervious area is less than 30%, you must provide a
complete, detailed breakdown of the assumed built-out conditions. The breakdown must
be detailed enough to show that all potential impervious areas are accounted for.
See Stormwater Management Report
9 If there are concentrated areas of development such as multi-family, commercial, cluster,
club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site
does not exceed 30%, a stormwater management plan will likely be required for those
areas that exceed 30% imperviousness. See Stormwater Management Report
N Stormwater management plans must be complete with a final design and an executed
Operation and Maintenance Agreement. There will be no conditional stormwater approvals
for the express review process that allow for approval of the final plans at a later date.
Worksheets must be provided that are available at
http://h2o.ehnr.state.nc.us/ncwetlands/mitresto.htm1. See Stormwater Management Report
SECTION XII - SEWAGE DISPOSAL
Cox Response must be clear and detailed. Any disposal method that suggests further impacts
may be required other than those shown must be clearly addressed on the site plans.
See PCN application Section X1
SECTION XIII
R Answering yes to either of these responses automatically precludes you from the express
review process. See PCN application Section XII
SECTION XIV - SIGNATURE
3 The name, position and/or title of the applicant must be in type or long hand script here with
the signature. It should be the same person as described in Part II.
See PCN Applicant/Agent signature
If you have any questions about these requirements, please email the Express Review Program at
[e-mail] and include your question and phone number and the appropriate staff will
respond as soon as possible.
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ti Hart & HAM
2923 South Tryon Street
Suite 100
' Charlotte, NC 28203
704-586-0007
' 3334 Hillsborough Street
Raleigh, NC 27607
919-847-4241
Pre-Construction Notification
Proposed Lowe's Store
Holly Springs, North Carolina
H&H Job No. FAK-099
December 17, 2008
1

Office Use Only: Form Version March 08
USACE Action ID No. 200421580 DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ® Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #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: ® See Appendix E
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 Effl@[99725
' 1. Owner/Applicant Information DEC 1 S 2008
Name: Lowe's Home Centers, Inc. (Attn: Mr. Nicky Wagoner)
Mailing Address: P.O. Box 1111 EWR-WATER AUIY
un eToRmATFR BRANGI
North Wilkesboro, NC 28659
' Telephone Number: 336.658.4463 Fax Number: 336.658.3257
E-mail Address:
' 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) - See
Appendix A
Name: Matt Bramblett
Company Affiliation: Hart & Hickman, PC
' Mailing Address: 2923 S. Tryon, Suite 100. Charlotte, NC 28203
' Telephone Number: [phone] Fax Number: (704)586-03.73
E-mail Address: mbrambletta
harthickman com
III. Project Information
1
Page I

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. See Figures 1 and 2.
' '
1. Name of project: Proposed Lowe
s Store of Holly Springs, NC
' 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): The 17.62-acre project includes the following
' tax parcel: #0658054789

' 4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
' From Raleigh take I-440 south towards Apex and continue on US-1 south. Take exit 95 for
NC-55 Bypass (South Main Street) and follow for approximately five miles. Turn right on
Ralph Stephens Road and the site is located to the northwest of the intersection of Ralph
' Stephens Road and South Main Street (NC Highway 55 Bypass) at 2101 Ralph Stephens
Road. A gravel drive is located to the right off of Ralph Stephens Road and leads to a vacant
residence located on the subject property.
'
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): 35.63817 ON 78.829253 °W
1 6. Property size (acres): Approximately 17.62 Acres
7. Name of nearest receiving body of water: Unnamed Tributary to Basal Creek (See Figure
' 1). Stream Index Number 27-43-15-3 and water quality classification B• NSW
8. River Basin: Neuse Subbasin #03-04-03 (NEU 03)
' (Note - this must be one of North Carolina's seventeen designated major river basins. The

1
River Basin map is available at httpJ/h2o.enr.state.nc.us/admin,/maps/.)
Page 2

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The current land use is undeveloped agricultural land with a
' residence and several associated out buildings. The property is surrounded by agricultural
land to the south and west residential properties to the east across NC Highway 55, and
commercial properties to the north including a strip mall, McDonalds, and Super Wal-Mart.
' 10. Describe the overall project in detail, including the type of equipment to be used:
The site will be completely graded with the exception of voluntarily leaving the pond
' (Wetland Area "B") and portions of Wetland Area "A" and Wetland Area "C" intact (See
Figure 3). A portion of Wetland Area "A" will be impacted in order to widen the road and
place a sidewalk per the Town of Holly Springs requirement. A portion of Wetland Area
' "C" will have impacts associated with the construction of the new Lowe's Store parking area
and a temporary impact for Colonial Pipeline to relocate a gasoline pipeline. Heavy
equipment will be used for the site work.
11. Explain the purpose of the proposed work: The purpose of the project is to develop a
' Lowe's Home Improvement Warehouse on the property with an associated parking area.
' 12. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
' project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
' certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
' construction schedules. A copy of the wetlands delineation jurisdictional survey completed by
Stafford Land Company. Inc. is provide in Appendix B. A previous jurisdictional determination
was issued on August 30, 2002 and expired on August 20, 2007 (USACE Action ID 200221184).
See Appendix C for a copy of the Jurisdictional Determination. A second jurisdictional
determination (USACE Action ID 200421580) was issued for the subject site on February 2,
2005 with an expiration date of January 12, 2010 (as noted on the NWP 39 Verification in
' Appendix Q. A Nationwide 39 permit and 401 Certification issued on February 2, 2005 were
for the placement of fill material to impact 0.39 acres of wetland located on the subject property
(Appendix Q. Compensatory mitigation requirements were accepted into the NCEEP program
' for 0.50 acres of riparian wetland. The development did not occur and the wetland was never
impacted. A Neuse Buffer Concurrence meeting was held with Ms. Debbie Edwards of DENR
on June 27, 2002. A concurrence letter dated July 16, 2002 stated that the stream on the soil
' survey in the area now marked Wetland Area C (previously referred to as feature A in the 2002
correspondence) is not subject to the Neuse Buffer Rules. The pond (Wetland Area "B") located
in the western portion of the subject property was not evaluated (Appendix Q. This pond with
' inlet and outlet streams are shown on the published soil survey map. An isolated man-made
pond shown on the soil survey in the central part of the property is not present, is shown on the
ridge, and is in error on the soil survey map. H&H met on-site with Ms. Lia Myott Gilleski on
I Page 3

June 12, 2008 to determine if two stream/water features located on the subiect site were subiect
to the Neuse Buffer Rules. The Division of Water Quality issued a letter dated June 16, 2008
' stating that Wetland Area "B" and feature C (isolated man-made pond) is not subject to the
Neuse Buffer Buffer Rule. A copy of the letter and figures are provided in Appendix C.
' IV. 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 401/404 permits requested herein are the only foreseeable wetland permits needed for the
development of the subiect nropertv.
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V. 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:
' The proposed site layout is provided as Figure 3. The impacts posed for the Lowe's store
consist of grading and filling 0.285 acres of Wetland in Area "C" (Figure 4) and a small isolated
wetland will have impacts of 0.031 acres in order to allow access to the level spreader and a
' Progress Energy power pole (Figure 5). The Town of Holly Springs requires that Ralph
Stephens Road be widen in order to help traffic flow and the placement of a sidewalk for
pedestrian traffic. The sidewalk and road widening will result in 0.022 acres of Wetland Area
' "A" to be filled and impacted (Figure 5). A small portion of Wetland Area "C" (0.055 acres)
will also have temporary impacts in order for Colonial Pipeline to relocate a gasoline pipeline
and for erosion protection of a fill slope associated with the Lowe's store parking area (Figure 4).
' 2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
' separately list impacts due to both structure and flooding.

Page 4
M

I
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Wetland "C" Grading and fill Freshwater Marsh no 100 0.285
Wetland "C" Temporary Freshwater Marsh no 100 0.055
Wetland "A" Grading and fill Freshwater Marsh no 100 0.022

Total Wetland Impact (acres) 0.307
I 3. List the total acreage (estimated) of all existing wetlands on the property: 1.62 Acres
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.
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Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Intermittent: Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
NA

Total Stream Impact (by length and acreage)
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. dredaina. 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 ma) ocean, etc.) (acres)
NA
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resultin,2 from the proiect:
Stream Impact (acres): NA
Wetland Impact (acres): 0.307
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.307
Total Stream Impact (linear feet): NA
7. Isolated Waters
Do any isolated waters exist on the property?
® Yes ? No
Page 5

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.
A small isolated wetland located in the western portion of the subject property will be
graded and filled in order to allow access to the level spreader for maintenance and to allow
' access to a Progress Energy power pole. This will be the only way to access this area due to
a retaining wall located behind the service drive of the Lowe's store. Impacts to the isolated
wetland will total 0.031 acres (Figure 5).
Pond Creation
' If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
' Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Two wet ponds with earthen dams/embankments
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater management
Current land use in the vicinity of the pond: undeveloped agricultural land
' Size of watershed draining to pond: Pond 1 = 8.24 acres and Pond 2 = 5.28 acres
Expected pond surface area: Pond 1 = 20,470 sq ft and Pond 2 = 10,194 sq ft
' VI. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
' site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Appendix D
VII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
' streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted

Page 6

' 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 USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
I Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnn?yide.htm.1.
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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.
H&H is proposing mitigation y payment of an in-lieu fee to the NCEEP for the wetland
impacts at a 1:1 ratio. The 1:1 ratio is proposed because the wetland impacts are primarily
emergent wetlands. In addition, most of the impacts are associated with Area C, which are
heavily disturbed by an existing Colonial Pipeline crossing. See Appendix E for NCEEP
Acceptance Letter.
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.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.307
Amount of Coastal wetland mitigation requested (acres): NA
VIII. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
Page 7
Ix.
1
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 may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify ? Yes ? No
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
Mitigation
1
2
Total
fi Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
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.
Page 8
The proposed impervious area will be approximately 72%. The wet detention basins will be
designed to the Town of Holly Springs and DENR standards. A detailed Storm Water
' Management Report and plans are provided as a separate attachment
XI. 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.
' Wastewater will be connected to an existing sewer line on the adjacent property and piped off-
site to the Town of Holly Springs wastewater treatment plant.
' XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
' Yes ? No
Is this an after-the-fact permit application? Yes ? No
' XIII. 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
t 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 Proposed Lowe's Store on the subject property_ is shown on Figure 3. Outside of the
' proposed Lowe's commercial development, no additional development is planned for the subject
property.
' XIV. 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).
There are no other special circumstances related to this project.
' /Z 7 b

ignature
Date
Matt Bramb e , Manager
(Agent's signature is valid only if an authorization letter from the applicant is provided - See Appendix
A)
Page 9
APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
APEX, NORTH CAROLINA 1974
REVISED/INSPECTED 1988
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT
PROPOSED LOWE'S STORE
HOLLY SPRINGS, NORTH CAROLINA
2923 Slotu,outh TNoaryohn Carolina 282282 3 100
03
ti Bart & ffickmanChar
A PROFESSIONAL CORPORATION 704-586-0007 (p) 704-586-0373 (E)
DATE: 05-16-08 REVISION NO: 0
JOB NO: FAK-099 FIGURE NO: 1
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Wake County Soil Survey Sheet No. 90
mart & fliftanCharlotte, 2923 South Tryon Street-Suite 100 PROPOSED LOWE S STORE
North Carolina 28203 HOLLY SPRINGS, NORTH CAROLINA
A PROFESSIONAL CORPORATION 704586-0007 (p) 704586-0373 (1)
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Appendix A
Agent Authorization
1

' AGENT CERTIFICATION OF AUTHORIZATION
I,* /iec, representing Lowe's Home Centers, Inc., applicant and
potential developer of the project site located on one parcel totaling approximately 17.62
1
1
acres situated near the intersection of South Main Street (NC-55) and Ralph Stephens
Road in Holly Springs, Wake County, North Carolina, certify that I have authorized Hart
& Hickman, PC to act on the applicant's behalf and take all actions necessary to the
processing, issuance, and acceptance of the wetlands jurisdictional determination and
permits for this project.
, / ? ? ? ?
Applicant's signature
Nicky R. Wagoner
6-4-6s
Date
Agent's signature
Matt Bramblett
Ma 8 ,2008
Date

Appendix B
Wetlands Boundary Survey

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I
I Appendix C

• August 30, 2002 - Corps Jurisdictional Determination
• February 2, 2005 -U.S. Army Corps of Engineers General Permit and Determination of
Jurisdiction
• July 26, 2005 DENR 401 Approval
• July 16, 2002 - Neuse Concurrence Buffer Letter
• June 16, 2008 - On-site Determination for Applicability to the Neuse Riparian Buffer Rules

I

U.S. ARMY. CORPS OF ENGINEERS
Vvilmingtomr District
Action ID:__ 20022 1 1 84 `coup Wake
Property
NOTMCATION OF JURISDICTIONAL DETERAUNATION
Authorized
Owner_ Stafford Land Company
Address 780A NW Broad Street
Southern Pines, NC 28387
Telephone Number
Agent_ Suaulding & Norris. P.A.
Attn: Scott Mitchell
Address_ 972 Trinity Road
Raleigh: NC 27607
Telephone Number 919-854-7990
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The site is located
on the north side of Ralph Stephen's Road (SR 1114), at its intersection with NC Hwy 55, in Holly
Springs, Wake County, North Carolina Only the proposed impact areas were evaluated.
Basis for Determination: The site contains wetlands with indicators of ordinary high water marks,
located adjacent to an unnamed tributary of Bass Lake, in the Neuse River Basin.
Indicate Which of the Following Apply:
There are wetlands on the above described property which we strongly suggest should be surveyed. The surveyed
wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your
property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters. of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in-the lal?
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at tel!Rhone number (19) 876 - 8441 extension 30
Project Manager Signature 1AA1 f.,
Date August 30, 2002
Date August 20 2007
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

' A licant:'Staffor ILM Cotr
Attached is:

INITIAL PROFFERED
PROFFERED PERMIT
File Number: 2002211
(Standard Permit or Letter of
Perlnit or Letter of permissio
DENIAL

J
H

1
X APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
A: INITIAL PROFFERED PERMIT: You may accept or object to the
See Section below
- A
B
C
D
E
ACCEPT. If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated. with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
' D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
' by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.

REASONS FOR APPEAL OR OSJEC'TIO'i-1?v,:.(Describe your reasons forappealing'the decision or your objections to an
initial. proffered permit in clear concise statements. Yqu.may a'ltach.additional information to this form to clarif where.your reasons
or objections are addressed in the administrative record.) '

ADDITIONAL INFORMATION: The appeal is limited to a review of the admirristtative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record.. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to c ' the location of information that is already in the administrative record
If you have questions regarding this decision and/or the appeal IfYo you only hav
e questions regarding the appeal process you may
process you may contact: also contact
Ms. Amanda D. ]ones, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
' Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
' Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature-below grants the right of entry to Corps of Engineers personnel, and any_ government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
' notice of any site investigation, and will have the opportunity to 'ci ate in all site investigations.
Date. Telephone number:
' Signature of appellant or agent.
DIVISION ENGINEER:
Commander
' U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

11

1
1
1
1

' U.S. ARMY CORPS OF EN NEE
?I RS COMNe
WILMINGTON DISTRICT
' Action ID: 200421580 Coun : Wake
County:
PERMIT. (REGIONAL AND NATI(yi INME) VERIFICATION
Property Owner: Stafford Land Company
Attn: Don MizelIe
Mailing Address: 246 Valleyfield Lane
Southern Pines, North Carolina 28387 Telephone No.: [phone]
' Authorized Agent: Spauling & Norris
Attn: Shawn Guyer
Mailing Address: 972 Trinity Road
' Raleigh, North Carolina 27607 Telephone No.: [phone]
Wcs?'
Location of property (road name/number, town, etc.): The 18-acre property is located on the eAdside of NC Highway
' 55 and north side of Ralph Stephens Road (SR 1114) at the south end of Ralph Stephens Road, south of Holly
Springs, Wake County,:North Carolina.
Site Coordinates: 35.6340935 °N 78.8303557 °W USGS Quad: Apex, NC
Waterway: UT to Basal Creek River Basin: Neuse HUC: 03020201
' Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes
placement of fill material to develop the Ralph Stephens Road Commercial Property. (formerly Henry Collins
Property).
' Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
' Authorization: Nationwide or Regional General Permit Number(s): 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or -deviation from your submitted plans may subject the
' permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide ' permit authorization is reissued and/or
' modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity. would no longer comply with-the terms and conditions of the-nationwide permit, activities -which have commenced (i.e.' are
under construction) or are under-contract to commence in reliance upou:the nationwide permit, will remain authorized provided the
activity is completed -within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
' discretionary authority has been exercised on a case-by.-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain itny other required Federal,
' State or local approvals/permits.
If there are any questions regarding this verification, any of.the conditions of the Permit, or the Corps of Engineers regulatoryprogram, please contact Jennifer Burdette at telephone [phone], ext 22.
' Corps Regulatory Official Date: 02/02/2005 Verification Expiration Date: 02/02/2007
Copy.Furnished: Carol Shaw, NC Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC27699
Page 1 of 2
RECEIVED ?? o. 3 zoo5?

' Determination of Jurisdiction:
' ? Based on preliminary information, theta appear to be waters of the US including wetlands within the above described project area.
This pre!-iminary determination is not an appeaiable. action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).

?I
1
1

? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 01/12/2005 (Action ID: 200421580.).
Basis of Jurisdictional Determination:
Corps Regulatory Official 4144-4& Date: 02/02/2005 Determination Expiration Date: 01/12/2010
Summarv of Anthari7ad Tmnnete and Rnnnirnrt Xf,+ nH..,.
Action lD NWP / GP Open Water ac Wetland (ac) Unimportant Stream I Important Stream (If)
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
200421580 39 0.39

Impact Totals 0 0 0 0.39 0 0 .0 0
Total Loss of Waters of the U.S. (ac) 0.39 Total Loss of Waters of the U.S. (if) 0
Required Wetland Mitigation (ac) 0.39 In-Lieu/EEP Required Stream Mitigation (If) 0
Additional Remarks and/or Special Permit Conditions:
' NC Ecosystem Enhancement Program Condition
The permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the
' amount determined by the NC EEP, sufficient to perform the restoration of 0.39 acres of riparian, emergent
wetlands in the Neuse River Basin, Cataloging Unit 03020201.

Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has
provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required,
in compliance.with the MOU between. the North Carolina Department of Environment and Natural Resources and
the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
Page 2 of 2

FES-19-2ooe 15:40 FROM:DWO-WETLANDS 9197336893
1 0? VA 9
(? Y
1
TO:917045660373 P:1/4
Michael F. Easley, Governor
William G. Ross Ir., Secretary
Ncxth Carolina Department of Envi'0"Mn'nt and Natural Resources
Coleon H. Sullins, Director
Division n£ water Quality
1 Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
1 Transportation Pernutting Unfits
1 Street Andress: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
1 Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
1 Contact Information: Phone [phone]
Fax #: [phone] ?-Q
Pay; To:
i
Company: C. Date:
Fro xn: M<-M 1 Phone #:
3t
1 Number of pages including cover sheet:
1 Notes or special. instructions:
1
1

Y.
1
WC cam
l Ownighr2xpress Review Permitting Unit, tuFlTtl?
16050 Mail Service Center, Raleigh North Carolina 27699-1650
321 Cmbtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] I FAX [phone] / Interact: J b2u.crtr.st?tc.nr u tts?rxetJnnslx
?n Equal Opportunity/Affirmative Action Employer - 50% Rccyclcd/1 A°/n Post Consurner paper
FEB-19-2808 15:40 FRON:DWG-WETLANDS 9197336893 TO:917045860373 P:2/4
? ?? W r G Michael F Easley, Govemar
' William G. Ross It., Secretary
r North Carolina Department of Environnxnt and Natural-Resources
Alan W. Klimek, P. F_ Director
Division of Warm Quality
July 26, 2005
' DWQ Project # 04-2029
Wake County
' Stafford Land Company, LLC
246 Valleyfiel.d Lane
Southern Pines, NC 28387
' Subject Property: Ralph Stephens Road Commercial, Holly Spring, NC
UT to Basal Creck [03-04-03, 27-4315-3,13 NSWJ
' Approval of 401 Water Quality Certification and Additional Conditions
Dear Sir or Madam:
' You bave our approval, in accordance with the attached conditions and those listed below, to place fill
watbua or otherwise impact 0.391• acres of wetlands for the purpose of commercial construction at the
' subject property, as described within your application dated December 14, 2004 and received by the N.C.
Division of Water Quality (DWQ) on December 22, 2004. After reviewing your application, we have
decided that the impacts are covered by general Water Quality Certification Number(s) 3402 (GC3402).
'flat Certification(s) allows you to use Nationwide Permit(s) 39,6khen issued by the US Army Corps of
' Engineers (USACE). In addition, you should obtain or otherwise 'comply with any other required federal.,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
' impacts or to conduct Impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAIVLA Permit.. This Certification replaces the one issued to you on April
.22, 2005.
' This approval is for the purpose and design that you described.in•your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A
NCA.C 2II.0506 (h). This approval requires you to follow -the conditions listed in the attached
' certification and any additional conditions listed below.
The Additional Conditions of thc'Certification are:
' 1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
' conditions of this Certification (or Isolated Wetland ,Permit) are met. No other impacts arc
approved including incidental impacts:

401 Ovsm ° hVl!x Tess Review unit
1850 Mail a tos Center, Ralolgh, North Carollno 27699-1650
=2121 Crabtma Boulevard, Stih 9,50, Raleigh, North Carolina 27604
hone: 919733.1788! FAX [phone] Internet httc;/Ri2o.enr.state nc uslncwatlands
Amount Approved
nits Plan Location or Reference
4041CAMA Wetlands ° 0.391 acres PCN form
2 zlz' y

IFEB-19-2ooe 15:40 FROM:DWO-WETLANDS 9197336893 TO:917045860373 P:3/4
Stafford Land Company, Inc
' Page 2 of 3
July 26, 2045
2. Erosion & Sediment Control Practices
' Erosion and sediment control practices must be in 111 compliance with all sp ecifications
governing the proper design, installation and operation and maintenance of such Best
' Management Practices in order to protect surface waters standards:
a. The erosion-and sediment control measures for the project must be designed, installed,
' operated, and maintained in-accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
' measures must be such that they. equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control._Manual. the devices
shall be maintained on all construction sites, borrow sites, and wash pile (spoil) pmjccts,
including contractor-owned or leased borrow pits associated with the project.
' c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manua I.
' d. The reclamation measures and implementation must comply with the reclamation in
accordance with the. requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
' No waste, spoil, solids, or fill of an kind shall occur in wetlands waters or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
' . activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
' 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters'to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the .natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
' Upon completion of all. work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unlit, North Carolina Division of Water Quality,
' 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Wri.tt= Stormwater Management Plan
' A final, written stormwater management plan for each phase of this project (including a signed
and notarized Operation and Maintenance Agreement). shall be submitted to the 401 Oversight
and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) prior to
' construction of each phase. You arc required to submit a schedule of anticipated development
and construction for, the enlirc project within 60 days of date of this Certification. You should
note that the stormwater management facilities must ultimately be designed to treat the entire
' project area included in your application. The storrnwater management plan for each phase shall

FEB-19-2008 15:41 FROM:DWO-WETLANDS 9197336893 TO:917045860373 P:4/4
Stafford Land Company, Inc
' Page .3 of 3
July 26, 2005
be approved in writing by this Office before the impacts associated with that phase occur per
' Condition No. 4 in GC No. 3402: You have the option of using-the Express Review Program for
expedited approvral of plans associated with any project phase. If you propose to use the Express
Review Program for any phase of this project, remember to include the appropriate fee with the
' plan. The stormwater management plan must include plans, specifications, and worksheets for
stonnwater management facilities that are appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
' Stormwater Best Management Practices Manual. These facilities must be designed to treat the
rLinoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied within any phase on this site, the
' facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity.
' No changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality
Violations of any condition herein set forth may result in revocation of this Certification and may result in
' criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or. CAMA Permit. .
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You' must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petitibn, which conforms to Chapter -150B of
' the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service' tenter,
1Laleigki, N.C. 27699-6714. This certification and its conditi=s are final, a-ad binding unless you ask for a
,hearing.
' This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Eric Kulz or Mike Horan in the.DWQ Raleigh Regional Office at 914-571-4700.
Sincerely,
0
Alan W: Klimek, P.E.
' AWKlcbk/bs
Enclosures: GC 3402
Certificate of Completion
' cc: Scott Mitchell Consulting, 5601 Maggie Run. Lane, Fuquay-Varina, NC 27526
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
' File Copy
Central .Files
' Filename: 04-2029 Randle Stevens Road Commercial Property (Wake) 401 NBRMOD
1

1
State u-I North Garollna
Department of-En
vironment
,and. Natural Resources ,
..Raleigh Regional Office
- ` iifiichabl F. Easley, Governor
William G. (Bill) Rosa,. Secretary

Roy Conoly
' Spaulding & Norris, P.A.
972 Trinity Road
Raleigh, NC 27607
1

3

INt-OVERK
NORTH CARoLINA DE7?ARTMENT OF
ENVIRONMENT ANo NAIJRAL RESOURCES
Division of Water Quality
July 16, 2002
Subject: Neuse River Basin Buffer Rules
N 3RRO.02-159
Wilco Site
Holly Springs, Wake County, NC
' Dear Mr. Conoly:
On June 27, 2002, I conducted a site visit of feature A involved in the above referenced
' project as. identified-on the attached maps. It was determined that feature A shown on the Wake
County Soil Survey, but absent on the USGS Apex, NC Quad map could potentially be subject
to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
' Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A: 02B.0233
(NCAC .0233). The pond depicted on the Wake County Soil Survey was not evaluated. Feature
A is not subject within the property boundaries.
' This letter only addresses the applicability of the Neuse Buffer Rules. ' For information
relevant to wetlands and other impacts, please contact the Central Office at 733-1786. Thank yo u
' for your attention to. this matter and if thisvffice'can be of any assistance or if you have additional
questions, please do not hesitate to contact us.

PC: John Dorney/DWQ
Wake County
Deborah Edwards
Environmental Specialist I

Sincerely,
1628 Mail Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
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WATkR p Michael F Easley, Governur
' William G Ross Jr , SecretarN
r North Carolina Depanment of Environment and Natural Resources
O C Colecn II Sullins. Ducclor
' Division of Water Qualm
June 16.2008
DWQ9: 08-0973
' Wake County
Lowe's Florae Centers, Inc.
Attn: Mr. Nick), Wagoner
P. O. Box l l 1 1
' North Wilkesboro, NC 28659
Subject Property: Lowe's of Holly Springs
' On-Site Determination for Applicability to the Meuse Riparian Area Protection Rules (15A NCAC 213
.0233)
' Dear Mr. Wagoner:
On June 12, 2008, at your request, Lia Nlyott Gilleski conducted an on-site detennination to review two
' stream water features located on the subject property for applicability to the Neuse Buffer Rules ( I5A NCAC 2B
.0233). The features are labeled as "B" and "C", on the attached maps initialed by Lia 1\ytyott on June 16, 2008.
The Division of Water Quality (DWQ) has determined that the following:
' • Feature "B" is not subject to the Neuse Buffer Rule. The feature is a pond that has a wetland at the
downstream end and no jurisdictional stream feature entering the pond.
• Feature "C" is not subject to the Neuse Buffer Rule. The pond feature is not present.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream
' and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a
hearing within 60 days.
' This letter qtly addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have
any questions, please contact Lia Myott Gilleski at 919.733.9502.
' Sincerely,
' Coleen H. Sullins
CI-IS1cbk,71n9
Attachments: Wake County Soil Survey Map, USGS Topographic Map
1 One
401 Oversight /Express Review Permitting Unit rNorthCarolina
1650 Mail Servicc Center, Raleigh, North Carolina 27699-1650 /lllrrtlrrl7!!f
' 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27601
Phone, 919-733-1786/ FAX [phone] Internet: Imp: 12uxnrs1ate nc us'ncuciftnd
An Equal Opportunity/.Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
1
1
Lowe's of Holly Springs
Page 2 of 2
June 16. 2008
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Matt Bramblett, Hart & Hickman PC, 2923 S. Tryon Street, Suite 100, Charlotte, NC 25203

08 0973

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APPROXIMATE TITLE
N 0 2000 4000 SITE LOCATION MAP
Nz= SCALE IN FEET PROJECT PROPOSED LOWE'S STORE
U.S.G.S. QUADRANGLE MAP HOLLY SPRINGS, NORTH CAROLINA
'] o m']
iKL ?i 11?CWdfl 2923 South .nh ]ilia-Swte L1C
APEX, NORTH CAROLINA 1974 tu+ott?,Northf,m4n,?S.:{3
REVISEDIINSPECTEO 1988 A PRpF[9YION CCQPORSTCN 704-5+16-4}T' (p) 104-586-01-1 OUADP.ANGLE DATE: 05-16-08 REVISION NO: 0
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: FAK-099 FIGURE NO: 1
dA.1,_C &f 74V 4z
08 0 9 7 3
Y
Q
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df t & Mckmdn PROPOSED LOWE'S STORE
...,9k„b (704085.0007(704096.63736A HOLLY SPRINGS, NORTH CAROLINA
V Wake County Sail Survey a?• /G
?1 / a

Appendix D
Avoidance and Minimization

' Appendix D
Avoidance and Minimization
' Proposed Lowe's Store of Holly Springs
H&H Job No. FAK-099
Avoidance
The proposed development is located in an expanding commercial area in Holly Springs, North
' Carolina. The site is located northwest of the intersection of Ralph Stephens Road and South
Main Street (NC Highway 55 Bypass). This site is situated adjacent to a Super Wal-Mart
' shopping center. The property covers 17.62 acres. Lowe's has considered and evaluated other
potential properties in the area for development of a proposed Lowe's store. However,
' properties or property assemblages of this size are difficult to find and purchase when they front
major roads. The zoning must also match the proposed retail land use. No alternative properties
' were identified that meet Lowe's criteria.
' Springs and ponds are very common in Holly Springs (Figure 1). Undeveloped lands in this area
that occur over this amount of land often have surface waters and/or wetlands. The subject
development is proposed on a property that includes non-riparian wetlands, an isolated wetland,
and a wetland/pond. The store has been configured to avoid impacts to the pond and to portions
' of the non-riparian wetlands.
' Minimization
Overall, only 19% of the Waters of the US on this site are being impacted by the proposed
' project. To minimize site impacts, the site development plan was shaped around the wetlands
and pond (Wetland Area `B"). Retaining walls have been placed to increase the usable area and
' avoid wetlands. The proposed impacts include a small isolated wetland impact, two small non-
riparian wetland impacts, and two temporary wetland impacts as described below:
• Isolated Wetland Impacts
' An isolated wetland (0.031 acres) will be filled in order to allow an access road to
maintain the level spreader and to allow Progress Energy access to a power pole located
' east of Wetland Area "B". This area will be the only way to access the level spreader due
to a retaining wall built behind the service drive of the Lowe's store. A retaining wall
1

was considered to avoid impacts to the isolated wetland, but it is not considered good
engineering practices to place a retaining wall in the earthern berm of the stormwater
pond.
• Non-Riparian Wetland Impacts
A portion of Wetland Area "A" (0.022 acres) will have impacts resulting from the
widening of Ralph Stephens Road and placement of a sidewalk required by the Town of
Holly Springs to help traffic and pedestrian flow in this expanding commercial area. A
temporary wetland impact in Wetland Area "A" was avoided by placing a retaining wall
behind the rear service drive of the store to eliminate 20 to 40 ft of horizontal slope that
would have created more impacts to the wetland areas in the western portion of the
subject site.
An additional wetland located in the eastern portion of the site (Wetland Area "C"), that
was previously permitted for 0.39 acres of impact, will have impacts totaling 0.284 acres.
The impacts are associated with the parking area and fill slope needed for the Lowe's
Store. The parking area proposed is less than Lowe's would prefer but impacts to
Wetland Area "C" are reduced.
• Temporary Wetland Impacts
Wetland Area "C" will have a temporary impact (0.055 acres) for the relocation of a
Colonial gasoline pipeline and for a fill slope associated with the Lowe's store parking
area. Colonial pipeline plans to relocate the line in the same location, just at a shallower
elevation. After construction, the elevations in this area will be restored to pre-
development conditions, and the disturbed area will be seeded with a wetland grass mix.
To protect the remaining wetland areas in the western portion of the site, the stormwater outfall
for stormwater management pond 42 is provided with a level spreader at a distance of 25 ft from
the pond (aka Wetland Area "B"). In addition, during site development, good erosion control
practices will be followed. Extensive silt fencing will be used on the construction site perimeter
and around Wetland Area "B."

0

0
1
Appendix E
NC EEP In-Lieu Fee Application and Approval Letter

I
u
I
Nick, Wagoner
Lowe's Horne Centers, Inc.
P.O. Box 1111
North Wilkesboro, NC 28659

r4; I
o 7M
?l ?I eie o"it
I
PROGRAM
December 4, 2008
Expiration of Acceptance: September 4, 2009
Project: Proposed Lowe's Store
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. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved You Q}us also comply with all other state, federal or Local
government pertmt& reggla>q?o s or sut orizations associatedwo the Omposed.activity including SL 2008-1:52: An Act to Promote
Conjpensatory Mitigation 6y.Pn'*y Mitigation Banks.

This acceptance is valid for nine 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 made 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.
Cits
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer If
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Neuse 03020201 0 0 0 0 0.34 0 0 0
Neuse 03020201 0 0 0 0 0.68 0 0 0
' 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 Valerie Mitchener at [phone].
' Sincerely,
' Willi . Gilmore, PE
Director
' cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Lia Gilleski, NCDWQ-Raleigh
' Matt Bramblett, agent
File
lkgstor",?J... E ... Prot- 'GK? our Stag AMI
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

' Statement of Compliance with Session Law 2008-152 An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
' (link to SL 2008-152)
' Prior to accessing the Ecosystem Enhancement Program (EEP) In-Lieu Fee
Mitigation Program, all applicants are now required by law to comply with
Session Law 2008-152 An Act to Promote Compensatory Mitigation by Private
' Mitigation Banks. All new requests submitted on or after Oct. 1, 2008 MUST
include this form signed and dated by the permit applicant or an authorized
' agent. Applicants with unexpired acceptance letters may continue with their
plans to use the In-Lieu Fee Program or withdraw their request and seek other
available mitigation options.
Compliance Statement:
' I have read and understand SL-2008-152 and have, to the best of my knowledge,
complied with its requirements.
' Please check all that apply:
There are no known private mitigation banks with the requested credit type
' located in the hydrologic unit where this impact will take place (link to DWQ
list).
I X I have contacted the mitigation bank(s) in the hydrologic unit where the impacts
will occur and credits are not available.

The application was submitted to the regulatory agencies prior to October 1,
2008.
Note: It is the applicant's responsibility to document any inquiries made to private
mitigation banks.
Signature of Applicant or Agent
Matt Bramblett
Printed Name
12-1-2008
Date
Proposed Lowe's Store Holly Springs, NC
Project Name Location
' NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
' Revised 9/11/2008
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
' 27699-1652, fax to 919-715-2219, or email to Valerie. [e-mail]. Attachments are acceptable for clarification
purposes (location map is required).
CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT _
' 1. Business or Individual Name Hart & Hickman, PC -Lowe'-s Home Centers, - Inc.-
2. Street Address or P O Box 2923 s. Tryon Street, suite 100
P.O. Box 1111
' 3 City, State, Zip Charlotte, NC 28203 North Wilkesboro, NC 28659-
; 4. Contact Person Matt Bramblett Nicky Wagoner

11 PROJECT INFORMATION
5. Telephone Number 704-586-0007 336-658-4463
j
- - ----------
6. Fax Number 704-586-0373 336-658-3257
7. E-Mail Address (optional) [e-mail] _ [e-mail]

8. Project Name
! Proposed Lowe's Store
j.. - ... _. - - _._ - ..._- - --
9. Project Location (nearest town, city) Holly Springs, NC
"ATTACH MAP SHOWING IMPACT LOCATION"
^10. Lat-Long Coordinates (optional) -- -----
N 35.633328 W 78.828661
11. Project County ;Wake
2 River Basin ----------- ?Neuse -------- ------ -
13. Cataloging Unit (8-digit) (See Note 1) 03020201
' 14. Riparian Wetland Impact (ac.) (e.g., 0.13)
15. Non-Riparian Wetland Impact (ac.)
0.344
' 16 Coastal Marsh Impact (ac.) -------
NA
17. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold - --?
(See Note 2)
NA NA . NA
18. Buffer Impact-Zone (sq. ft.) (e.g. 12,345) LzoNA Zone 2 NA
(See Note 3) ' 19. Regulatory Agency Staff Contacts
(Indicate names, if known) i " USACE: Jamie Shern ' DWQ: Lia Gilleski
20. Other Regulatory ID Information . J US ACE ID 200421580 `
(e.g., USACE Action ID, if known)
- - ---- - ------ - -----------
IMPORTANT
Check (l) below if this request is a: Signature of Applicant or Agent-
' = revision to a current acceptance, or
j re-submission of an expired acceptance i
_ extension of unexpired acceptance
j Date: 12-1-08
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http:Hcfi)ub.e[)a.gov/surf/locate/index cfm Note (9) above: requirement to attach location map.
' Note 2: For guidance on stream temperatures, go to:
http://www.saw.usace.army.mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendix) indf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 or [e-mail]

1
1

Telephone/Interview Discussion Log
,os Hart & Hickman
A Professional Corporation
2923 South Tryon Street, Suite 100
Charlotte, NC 28203
Incoming
Outgoing
Site Visit
Date 12-4-OS
Time 1 1.45-AM
Project: ?(> PoSz8 Ltw,6 S?v/,-c.
Job No.
Re:
We-+U^,8 ZmPt c+s
Recorded By: C'.r /i Page: I
Attendees: _ Cit. 5+03 Akyw ?
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SAMaster Files\AAA-blaster TemplatesTaxes & Memoffelephone-Interview Discussion Log.doc

1
1
1
1
1
1
1
1
1
1
1
Appendix F
Proposed Project Description
Appendix F
Proposed Project Description
Proposed Lowe's Store of Holly Springs
H&H Job No. FAK-099
This project involves construction of a Lowe's Store on 17.62-acres in Holly Springs,
North Carolina. The subject site currently is undeveloped land (primarily consisting of
fields) with a residence and several associated out buildings. The site will be completely
graded with the exception of leaving Wetland Area "B" and portions of Wetland Areas
"A" and "C" intact. Wetland Area "A" will have a small impact due to the widening of
Ralph Stephens Road and placing a sidewalk along the southern property boundary per a
Town of Holly Springs requirement. Wetland Area "C" will have impacts associated
with a fill slope needed for the Lowe's store parking area. Wetland Area "C" will also
have two temporary impacts including one for the relocation of the Colonial gasoline
pipeline and another for the fill slope erosion control measures needed for the parking
area. Temporary impacts in Wetland Area "C" will be restored to pre-development
conditions and a wetland grass mix will be placed in these areas. Pre-development and
post-development site plans were included with the PCN application and provide further
details of the proposed project.

1
1
1
1
1
1

Appendix G
Protected Species and Cultural Resource Letters

AI%W'Hart & Hickman
A PR
C
OFESSIONAL
ORPORATION
¦ ¦ ¦
11.ICf L. ['I II I:I I?il 17I'?? '

V i2 US milli .
21)1; ti,ourl, ?Srrrer
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' March 31, 2008 _.'u.,-?-??,
1141ii 1111('11c

NC Wildlife Resources Commission
h;urlnckn all. un
Eastern Piedmont Regional Coordinator
1142- I-85 Service Road
' Creedmoor, NC 27522
Attention: Ms. Danielle Pender
' Re: Request for Information and (Comment
Proposed Commercial Development
' Holly Springs, Wake County, NC
H&H Job No. FAK-099
' Dear Ms. Pender:
' Hart & Hickman, PC (H&H) is requesting information concerning the potential presence of
threatened and/or endangered species on or near a proposed commercial development site
' (hereafter referred to as "subject site") located in Holly Springs, Wake County, NC. This request
is submitted to satisfy corporate environmental stewardship and is not related to a Federal
' wetland permitting action or the use of Federal funds.
' The subject site consists of approximately 17.62 acres of undeveloped land (residence and
associated out buildings) situated near at the intersection of South Main Street (NC-55) and
' Ralph Stevens Road (Figure 1). The subject site is bordered to the north by a new commercial
development including Wal-Mart, a strip mall, and McDonalds. The subject site is bordered to
' the east by South Main Street (NC-55), to the south by Ralph Stevens Road, and to the west by
undeveloped wooded and cleared land.
In order to investigate the potential presence of listed species on the subject property, H&H
conducted the following tasks:

' CHARLOTTE 7114-586-0007
RALEIGH 919-847-4241 ° WWW.HARTI-IICKMAN.C?M

Ms. Danielle Fender
)March 31, 20008
' Page 2
a reviewed data obtained by Environmental Data Resources, Inc. (EDR) from the North
Carolina Natural Heritage Program (NHP) for listed species and specially designated
' natural areas
® contacted the US Fish 8: Wildlife Service (FWS) of ice by a similar letter
' a contacted the NC Wildlife Resources Commission (WRC) by this letter
a reviewed the Federal Registry and the USFIiVS information pertaining to Federally-
Designated Critical Habitats at the USFWS website http://w,,v-vv.fvvs.cov/nc-
es/es/specieslistmarch2006.pdf
' a conducted an onsite survey in order to screen the subject property and peripheral area
utilizing habitat suita'oility criteria (i.e., land cover type status, soils, potential corridor
' qualities, primary food source availability, and buffer zone qualities)
' )North Carolina )Natural Heritage Program
The Natural Heritage Program (NHP) is a state database that includes rare, threatened, and
' endangered flora and fauna. H&H reviewed the NC Natural Heritage database for bare and
Endangered Species and nearby Natural Areas as presented on the Physical Setting Source Map
in the EDR database report. Based on the Physical Setting Source Map within the EDR
environmental database report, there were no Natural Heritage Element Occurrences or
' Significant Natural Heritage Areas on the subject property or within one (1) mile of the subject
' property (see attached map).
' Federal Threatened and Endangered Species List
H&H reviewed the US F'WS Federal Threatened and Endangered Species List for Wake County,
' NC, which includes the following listed species:
v Haliaeetus leucocepholus (Bald Eagle);
' a Picoides borealis (Red-cockaded woodpecker)
' a Alosirnidonta herterondon (Dwarf wedgemussel)
' S \AAA-Master Projects\Freeland Kauffman - FAK\FAK-099 Holly Springs\Letters, faxes, & memos\WRC later doc

' Hart & LLiCdn
A PROGEBSIONAL CCRPORATON
A
Ms. Danielle Fender
March 31, 20008
Page 3
a Rhus michau,cii Nichaux's sumac)
H,3,.,H also reviewed the state threatened and endangered species list for Wake County, NC, and
included the following listed species that were not federally listed:
® Alasmidonta undulate (Triangle floater)
® Elliptic, lanceolata (Yellow lance)
® Elliptio roanokensis (Roanoke slabshell)
® Fusconaia masoni (Atlantic pigtoe)
® Lampsilis radiata radiata (Eastern lampmussel)
® Lasmigona subviridis (Green floater)
® Strophitus undulates (Creeper)
® Helenium brevifolium (Littleleaf sneezeweed)
® Ectetes piedmontana (Piedmont quiliwort)
® Lindera subcoriacea (Bog spicebush)
® Ruellia humilis (Low wild-petunia)
® Portulaca smallii (Small's portulaca)
® Trillium pusillum var. virginianum (Virginia least trillium)
® Ambystoma tigrinum (Eastern tiger salamander)
IN Lampetra aepyptera (Least brook lamprey)
S \AAA-Master Projects\Free land Kauffman - FA10FAK-099 Holly Springs\Letters, faxes, & memos\WAC letter doc
Ilarl Hickman
A PROFESSIONAL CORPORATION
Ms. Danielle gender
March 31, 2000'
' page 4

Critical Habitats
' HdkH reviewed federal registry information pertaining to Federally-Designated Threatened and
Endangered Species Critical Habitats for the above-mentioned species. None of the Wake
' !County species have Federally-Designated ;Critical Habitats in the area.
' Visual Survey
The subject property is primarily encompassed by undeveloped land used for a residence and
' associated out buildings and was previously used as agricultural land. On March 25 and 25,
2008, H&H conducted a survey that encompassed the subject property. Habitats for the Bald
' eagle (wooded areas near large bodies of water) and lied-cockaded woodpecker (old growth pine
forests) are not present on the property. The habitat for the Dwarf wedgemussel (freshwater
' streams and ricers) was not observed on or adjacent to the subject property. In addition, the
habitat for Michaux's sumac (edges and clearings in sandy or rocky open woods) was not
' observed on or adjacent to the subject property.
F_ I
HcllkFI also searched the property for habitats suitable for the state listed threatened and
' endangered species and did not identify suitable habitat for the Triangle floater, Yellow lance,
Roanoke slabshell, Atlantic pigtoe, Eastern lampmussel, Screen floater, and Creeper (streams and
' rivers). The habitat for the Shortleaf sneezeweed (granite outcrops), Virginia least trillium (low,
alluvial woodlands), Small's portulaca (granite outcrops and flat crops), Hairy wild petunia
' (prairies and upland woods), Eastern tiger salamander (near slow moving streams and quarry
ponds) and the Least brook lamprey (riffles and runs of creeks and small streams) was not
' identified on or adjacent to the subject property. Although bvo small wetland areas are present
on the site, they do not meet the habitat for the Bog spicebush (shrub and tree dominated
' wetlands that border headwater streams) as neither border headwaters of streams nor are they
tree dominated wetlands. H&H searched for the Bog spicebush but this vascular plant was not
' S \AAA-Master Projects\Freeland Kauffman - FA10FAK-099 Holly Springs\Letters, faxes, & memos\WRC lever doc
,4%6aft & Ifilman
A PROFESSIONAL CORPORATION
Ms. Danielle Fender
March 31, 2008
Page 5
identified in the wetland area. H&H observed no evidence of protected species located on the
subject property during our two day survey.
Please review the above information and provide a written response as to the potential for
protected species on this property. If possible, please respond to this request within 30 days. If
you would prefer, you may sign in the space provided below and return this letter to our attention
without a separate letter response.
Sincerely,
Hart & Hickman, PC
I
4
James Carr
Environmental Scientist
/ ? ? a 4, 4F?
Matt Bramblett
Principal and Project Manager
Attachments
S \AAA-Master Projects\Fleeland Kauffman - FAK\FAK-099 Holly Springs\Let tel s, faxes, & memos\WRC letter doc
6ff1U : an
A PROFESSIONAL CORPORATION

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olly Springs
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APEX, NORTH CAROLINA 1974
REVISED/INSPECTED '1988
GUADRANIGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCA T ION MAP
PRCJECT
PROPOSED COMMERCIAL SITE
HOLL`r' SPRIN S, NORTH CAROLINA
• y ?'( ? 2923 South Tryon Street-Suitt 100
Hdft & M(kMdl C,iarlo=, North Carolina 23203
A P-c SSICNAL =PPCPAICPI 704536-0007 (p) 704-536-0373 (E)
DATE: 03-25-03 REVISION NO: 0
JOB NO: FAK-099 FIGURE NO: 1
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FAX COVER
Date 04/09108
Number of pages including cover sheet 3
To: James Carr
Phone [phone]
Fax Phone [phone]
CC:
REMARKS:
HC Wildlife Resources Commission
Habitat Conservation Program
P. O. Box 129
Sedalia, NC 27342.0129
APR 0 9 2008
-
From: Shari Bryant
Phone [phone]
Fax Phone [phone]
? Urgent ? For your review ? Reply ASAP ? Please comment
Request for Information and Comment on Proposed Commercial Development, Holly Springs,
Wake County, NC
-Cl
tSZ9G'6b?'9EE

JueRug tueys dLE=TO Go Go udd

r
P North Carolina Wildlife Resources Commission
1 9 April 2008

Mr. James Carr, Environmental Scientist
Hart & Hickman
2923 South Tryon Street
Suite 100
Charlotte, NC 28203-5449
Subject: Request for Information and Comment Regarding Proposed Commercial Development, Holly
' Springs, Wake County, North Carolina. H&H Job No. FAK-099.
Dear Mr. Carr:
' The project sponsors are requesting information concerning the presence of threatened and/or
endangered species on or near a potential development site. A residence and associated out buildings
currently occupy the 17.62-acre site. Land use in the area includes commercial developments and
' undeveloped forest and cleared lands. The site drains to Basal Creek in the Neuse River basin
Although we have no records for federal or state listed species on or near the project site, as with
' all development, potentially adverse impact to aquatic and terrestrial wildlife resources may occur.
Implementation of the following measures would reduce impacts to aquatic and terrestrial wildlife
resources.
' 1. Implement measures to avoid or minimize impacts to sensitive resources, including wetlands,
during construction. In addition to providing wildlife habitat, wetland areas perform important
functions of flood control and water quality protection.
' 2. Establish or maintain a 100-foot undisturbed, native, forested buffer along perennial streams, and
a 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested
buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water
' quality, and aquatic habitat both within and downstream of the project area. In addition, wide
riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants
associated with urban stormwater. Whereas, a grassed buffer, particularly fescue, is a vegetated
' buffer but will not provide the necessary and highly valuable functions as discussed for forested
buffers. In addition, these buffers will provide an adequate travel corridor for wildlife species.
3. Avoid fill or construction in the I00-year floodp lain. Undeveloped floodplains can reduce the
' potential for flooding of adjacent properties and maintains the natural hydrologic process of the
waterways. It also provides a migration corridor for wildlife.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
' Z'd SZ9L'6bf?'9EE ueRu i ae
? H 4S dLE=TO 80 60 udd
Page 2
' 9 April 2008
Proposed Commercial Development, Holly Springs
H&H Job No. FAK-099
1
4. Sediment and erosion controls measures should be installed prior to any land clearing or
' construction. These measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
' 5. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate
the need to fill and culvert, where practicable. If culverts must be used, the culvert should be
designed to allow passage of aquatic organisms.
' 6. Locate sewers and other utilities as far away from streams as functionally possible and minimize
stream crossings. It is preferable that sewers be located outside the riparian buffers.
' 7. To adequately protect streams, limit impervious surface to less than 10%. Suggested examples to
accomplish the <10% impervious goal are using conventional designs at a level of <10%
imperviousness or using open space and stormwater control measures to mimic the hydrograph
' consistent with an impervious coverage of less than 10%.
8. Use non-invasive native species and Low Impact Development (LID) technology in landscaping.
Using native species instead of ornamentals should reduce the need for water, fertilizers and
' pesticides. Using LID technology in landscaping will not only help maintain the predevelopment
hydrologic regime, but also enhance the aesthetic and habitat value of the site.
' If we can be of further assistance, please contact our office at [phone].
Sincerely,
-"-? ka":V-
Shari L. Bryant
' Piedmont Region Coordinator
Habitat Conservation Program
J

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' Via US Mall
' March 31, 2008
' U.S. Fish & Wildlife Service
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, ITC 27630'
Attention: Mr. Pete Benjamin, Field Supervisor
' Re: Request for Information and Comment
Proposed Commercial Development
Holly Springs, Wake County, NC
H&H Job No. FAIL-099
)A PROFESSIONAL CORPORATION
2(y)") S"tirli Fr.
I;;iri ec I4icl<?rra.i P(Sulk 100 (?harL)nc, \(.
82 Ii3-? 44'I
7n4 86-0iu11 hh,w(
-04-)86-0'3-;
u ?l ??.h,u•chicklna.u.cllnl
' Dear Mr. Benjamin:
Hart & Hickman, PC (y ArH) is requesting information concerning the potential presence of
' threatened and/or endangered species on or near a potential commercial development site
(hereafter referred to as "subject site") located in Holly Springs, Make County, NC. This request
' is submitted to satisfy corporate environmental stewardship and is not related to a Federal
wetland permitting action or the use of Federal funds.
The subject site consists of approXimately 17.62 acres of undeveloped land (residence and
' associated out buildings) situated near at the intersection of South Main Street (NC-55) and
Ralph Stevens Road (Figure 1). The subject site is bordered to the north by a new commercial
' development including Wal-Mart, a strip mall, and McDonalds. The subject site is bordered to
the east by South Main Street (NC-55), to the south by Ralph Stevens Road, and to the west by
' undeveloped agricultural land.
' In order to investigate the potential presence of endangered or protected flora and fauna on the
subject site, H&H recently conducted the following activities:
CI-IAPLOTTE 704-586-0007 ° P.ALEIGI-I 919-847-4241 ° WWW.I-IAPTI-IICI<MAN.C?M
s
Mr. Fete Benjamin
i?idarch 31, 2008
' Page 2of5
' V reviewed data obtained by Environmental Data Resources, Inc. (EDR) from the North
Carolina Natural Heritage Prograrra (1 T IP) for listed species and specially designated
' natural areas
® contacted the US Fish & Wildlife Service (FINS) by this letter
a contacted the NC Wildlife Resources Commission (',/VRC) office by a similar letter
' a reviewed the Federal Registry and the USF vVS- information pertaining to Federally-
Designated Critical Habitats at the USFWS website http://w-,,vw.fvvs.gov/nc-
es/es/specieslistmarch2006.pdf
a conducted an onsite survey in order to screen the subject property and peripheral area
' utilizing habitat suitability criteria (i.e., land coder type status, soils, potential corridor
qualities, primary food source availability, and buffer zone qualities)
1
North Carolina Natural Heritage Program
' The Natural Heritage Program (NHP) is a state database that includes rare, threatened, and
endangered flora and fauna. H&H reviewed the 1,1C Natural Heritage database for Rare and
Endangered Species and nearby Natural Areas as presented on the Physical Setting Source Map
in the EDR database report. Eased on the Physical Setting Source Map within the EDR
' environmental database report, there were no Natural Heritage Element Occurrences or
' Significant Natural Heritage Areas on the subject property or within one (1) mile of the subject
property (see attached reap).
Federal Threatened and Endangered Species List
' H&H reviewed the US FWS Federal Threatened and Endangered Species List for Wake County,
NC, which includes the following listed species:
' ® Hallaeetzas leueocephalus (Bald Eagle) - Bald and Golden Eagle Protection Act
' Is Picoides borealis (Red-cockaded woodpecker) - Endangered
% Vasa niidoo am her eroNdo,n. (Dwarf wedgemussel) - Endangered
' S \AAA -Mastcr Projects\Freeland Kauffman - FAK\FAK-099 Holly Spi ings\Letters, faxes, & memos\US F WS letter doc
Harts&?niftan CORPORATION
-_
' Mr. Pete Benjamin
March 31, 2008
' Page 3 of 5
a Rhus michauyii (michaux's sumac) - Endangered
' viewed the tale threatened W
?I-1 also re s and endangered species last for Wake County, NC, and
' included the following listed species that were not federally listed:
a Alasmidonta undulate (Triangle floater) - Threatened
' a Elliptic, lanceolata ('fellow lance) - Endangered
' a Elliptio roanokensis (Roanoke slabshell) - Threatened
a F'usconoia masoni (Atlantic pigtoe) - Endangered
'
a Lampsilis radiata radiata (Eastern lampmussel) - Threatened
' a Lasmigona subviridis Green floater) - Endangered

' a Strophitus undulates (Creeper) - Threatened
a Helenium brevifoliuin (Littleleaf sneezeweed) - Endangered
' a 77oetes piedmontona (Piedmont quillwort) - Threatened

' a Lindera subcoriocea (Bog spicebush) - Threatened
a Ruellia humilis (Lowwild-petunia) - Threatened
' ® Portulaca smallii (Small's portulaca) - Threatened
' a Trillium vusillum var. virginianurn (Virginia least trillium) - Endangered
a Anabystorna tigrinurn (Eastern tiger salamander) - Threatened
' I, Lanmpetra aepyptero (Least brook lamprey) - Threatened
' Correspondence with NC Wildlife Resources Commission
' H&.H submitted a written request for information and related comments to NC W'RC on this site.
' S WAA-Master Projectffreeland ICau Rman - FAKTAK-099 Holly SpongslLetters, faxes, & memos\US FWS letter doc
,`Daft & Iffidma
A PROFESSIONAL CORPORATON

Mr. Fete Btenjamirb
11/darch 31, 2000'
gage of
Critical Habitats
H&H reviewed federal registry information pertaining to Federally-Designated Threatened and
Endangered Species Critical Habitats for the federally listed species in Wake County. No
Federally-Designated Critical Habitats were identified for the above listed threatened and
endangered species on or near the subject property.
Visual Survey
The subject property is primarily encompassed by undeveloped land used for a residence and
associated out buildings and was previously used as agricultural land. On March 25 and 26,
2003, HSLH conducted a survey that encompassed the subject property. Habitats for the Bald
eagle (wooded areas near large bodies of water) and Red-cockaded woodpecker (old growth pine
forests) are not present on the property. The habitat for the Dwarf wedgemussel (freshwater
streams and rivers) was not observed on or adjacent to the subject property. In addition, the
habitat for Michaux's sumac (edges and clearings in sandy or rocky open woods) was not
observed on or adjacent to the subject property.
H&H also searched the property for habitats suitable for the state listed threatened and
endangered species and did not identify suitable habitat for the Triangle floater, Yellow lance,
Roanoke siabshell, Atlantic pigtoe, Eastern lampmussel, Green floater, and Creeper (streams and
rivers). The habitat for the Shortleaf sneezeweed (granite outcrops), Virginia least trillium (low,
alluvial woodlands), Small's portulaca (granite outcrops and flat crops), Hairy wild petunia
(prairies and upland woods), Eastern tiger salamander (near slow moving streams and quarry
ponds) and the Least brook lamprey (riffles and runs of creeks and small streams) was not
identified on or adjacent to the subject property. Although two small wetland areas are present
on the site, they do not meet the habitat for the Bog spicebush (shrub and tree dominated
wetlands that border headwater streams) as neither border headwaters of streams nor are they
tree dominated wetlands. H&H searched for the Bog spicebush, but this vascular plant was not
identified in the wetland area. H&H observed no evidence of protected species located on the
subject property during our two day survey.
S \AAA-Master Projects\Freeland Kauffman - FAI0FAK-099 Holly Springs\Letters, faxes, & memos\US FWS letter doc
AW, Hart & Hickman
A PROiES9IONAL C?RP?RATON
1 Nlr. Fete Benjamin
March 31, 2003
1 rage 5 of 5
Please review the above information and provide a written response as to the potential for
protected species on this property. If possible, please respond to this request within 30 days. If
you would prefer, you may sign in the space provided below and return this letter to our attention
1 without a separate letter response.
1 If you have any questions, please do not hesitate to contact us.
1 Sincerely,
H, pry & Hickman, PC
Jar-nes Carr
Environmental Scientist
1
' 1 att l?ramb- ett, PE
Principal and Project Manager
1 Attachment
' US Fish and Wildlife Serylc.- Raleigh Field Office response:
Based upon the available information, rare, threatened and endangered listed species are not
' likely to occur on the project site.
By: US Fish and Wildlife Service Raleigh Field Office
1
1
1 S \AAA-Master Projects\Freeland Kau ll'man - FAK\FAK-099 Holly Springs\Lettets, faxes, & memos\US FWS letter doc
1 Ahmeff art & flidman
A PROFESSIONAL CORPORATION
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Via US Mail
March 31, 2008
North Carolina State Historic
Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Attention: Ms. Renee Gledhill-Earley
Environmental Review Coordinator
Re: Request for Information and Comment
Proposed Commercial Development
Holly Springs, Wake County, NC
H&H Job No. FAK-099
Dear Ms. Gledhill-Earley:
Hart & Hican
A PROFESSIONAL C0RP0RAT0N
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Hart ?c Hickman, PC (H&H) is requesting information concerning the potential presence of
historic, cultural, and/or archeological sites on or near a proposed coininercial development site
(hereafter referred to as "subject site") located in Holly Springs, Ware County, NC. This request
is submitted to satisfy corporate environmental stewardship and is not related to a Federal
wetland permitting action or the use of Federal funds.
The subject si-ce consists of approximately 17.62 acres of undeveloped land (farmhouse and
associated out buildings) situated northwest of the intersection of South Main Street (NC-55) and
Ralph Stevens Road (Figure 1). The farmhouse was likely built in the early 1900s and is in poor
condition (see attached photographs). The subject site is bordered to the north by a new
commercial development including Wal-Mart, a strip mall, and McDonalds. The subject site is
bordered to the east by South Main Street (NC-55), to the south by Ralph Stevens Road, and to
the west by undeveloped wooded and cleared land.
I 0HARLOTTEE 7114-596-0007
° RALEIGH 91 9-647-4241 0 WWW.i-JAR T I-IIC KNIAN.COM

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Ms. Renee Gledhill-Earley
March 31, 2000'
Rage 2 of '2
In order to investigate the potential presence of historic, cultural, and/or archeological sites on
the subject site, II&H reviewed the National Registry of Historical Places (INPR IP) for sites
located in Make County, NC. 133 NFI listings were identified in Wake County. None of the
I?T?1P sites were identified to be on or adjacent to the subject property.
Please review the above information and provide a written response as to the potential for
historic, cultural, or archeological sites on this property. If possible, please respond to this
request within 30 days. If you have any questions, please do not hesitate to contact us.
Sincerely,
Alan & Hickman, PAL'
Jdnes Carr
Environmental Scientist
////?efv?
Matt Bramblett, PE
Principal and Project Manager
Attachments
S \A AA-Master Wojects\Freeland Kauffman - FAICNFAK-099 Holly Springs\Lettels, faxes, & memos\SHPO letter doc
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SITE LOCATION MAP
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APEX, NORTH CAROLINA -1974
REVISEWINSPECTED 9988
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7.5 MINUTE SERIES (TOPOGRAPHIC)
PROJECT
PROPOSED COMMERCIAL SITE
HOLLY SPRINGS, FORTH CAROLINA
I? 2923 Sou[,5 Tryon Srreet-Suite 100
fldft & MCkMdfl Ch3xlotte, North Carolina 23203
A °Fcf• Sic:4AL Z;CR-=,mcm 704-586-0007 (p) 704-536-0373 (:)
DATE: 03-28-08 REVISION NO: 0
JOB NO: FAK-099 FIGURE NO: 1

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Photograph 1: View of the front of the farmhouse.
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' rnotograptn is view of the north side of the farmhouse.
' PROPOSED COMMERCIAL SITE 100 Ut & ffidMAR Ch X hal;lo pattte, NTur?yoth Tryon Caaoli Carobna 232 23203 3 S MAIN ST & RALPH STEPHENS RD
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F. ?!iGFZ;931ONA7. C?RFOPJ-11pN 7041-536-0007 (p) 704-536-0370 (? HOLLY I SPRYN G v' j i .? k
' MAY 1 U 2tjr
North Carolina Department of Cultural Resources:
State Historic Preservation Office
'
Michael F. Easley, Peter B. Sandbeck, Administrator
Govemor Office of Archives and I{istory
Lisbeth C. Evans, Secretary Division of Historical Resources
,1effrey J. Crow, Deputy Secretary David Brook, Director
May 2, 2008
James Carr
' Hart & Hickman, PC
2923 South Tryon Street, Suite 100
Charlotte, NC 2803-5449
' Re: Commercial Development, NW of intersection of NC 55 & Ralph Stevens Road,
Holly Springs, Wake
County, ER08-0905
' Dear: Mr. Carr:
' Thank you for your letter of March 31, 2008 concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
' the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
' Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
' Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
' Sincerely,
AA(N
T &A,-
' Peter Sandbeck M
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Location: 109 Bast Jones Street, Ralcigh NC 27601
Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4017 Telephone/Fax: [phone]-6599
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