20151024 Ver 2_401 Application_20180118

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone]
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Tasha Alexander
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Midtown Mixed Use Development
Cary, Wake County, NC
January 25th, 2017
S&EC Project # 12613.W7
NC DWR, 401 & Buffer Permitting Unitalatory
Attn: Karen Higgins _ •~�—
Archdale Building – 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
, D
IAI� z Zoos
On behalf of the applicant, George Jordan III please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers that the
activities proposed below may proceed under Nationwide Permit 39, a request for approval to utilize
general water quality from the N.C. Division of Water Resources (NCDWR). Authorizations for these
impacts were previously issued by the Corps and DWR in 2015 (see PCN form for approval numbers and
dates), but the impacts have not been completed to date and therefore the permit expired in March of
2017. Consistent with the previous Corps approval, mitigation is proposed at a 2:1 ratio to offset
proposed impacts.
The proposed impacts are required to allow for development of a mixed use development in downtown
Cary. Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Midtown
Project Type
Mixed Use commercial and residential
Owner / Applicant
George Jordan III
County
Wake
Nearest Town
Cary
Waterbody Name
Walnut Creek
Basin
Neuse
Class
C;NSW
IMPACT SUMMARY (see PCN form & Imoact MADS for Buffer imnact minntitiesl
Stream Impact (feet):
- -- - -----------
0
Wetland Impact (acres):
0.142
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.142
Total Stream Impact (linear feet):
0

Attachments:
Pre -construction Notification (PCN) Application Form Owner certification/Agent Authorizations(6)
Acceptance Letter from Mitigation Bank Site Plan/Impact Exhibit (1 page)
Impact Justification Statement
DWR only: $240 check for application fee

o�aF wArF9OG
o <
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bankX❑
or in -lieu fee program.
Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Midtown Mixed Use Development
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name.-
ame:2e.
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Multiple Owners and Tracts see attached Owner Certifications
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
See attached Owner Certifications
3e.
City, state, zip:
See attached Owner Certifications
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent Q Other, specify: One of the owners and proposed developer
4b. Name:
George Jordan III
4c. Business name
(if applicable):
4d. Street address:
155 West Chatham Street (mailing address P.O. Box 4422)
4e. City, state, zip:
Cary, NC 27511 (mailing address Cary, NC 27519)
4f. Telephone no.:
(o) 919.467.9880
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Kevin C. Martin
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Rd., Ste. 104
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-270-7941
5f. Fax no.:
919-846-9467
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
see attached list of PIN's and addresses
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.7887 Longitude: -78.7758
1c. Property size:
6.27 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Walnut Creek
2b. Water Quality Classification of nearest receiving water:
C, NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site is mostly wooded, Surrounding area is developed commercial property to the west and east, single family residences and some offices to the
south. Bordered by East Chatham St. on the south, East Cedar St. to the north.
3b. List the total estimated acreage of all existing wetlands on the property: 0.142
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Allow development of a mixed use project in downtown Cary.
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical construction equipment for road and building construction, see overall site plan for more specific details like building size, location, parking.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: PJD issued with permit 11-13-15
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Kevin C. Martin
Agency/Consultant Company: S&EC, PA
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NBRRO#15-321 buffer letter issued 8-19-15. PJD issued with previous NWP 39 on 11-13-15
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes ❑ No Unknown
5b. If yes, explain in detail according to "help file" instructions.
Corps NWP 39 issued 11-13-15 SAW -2015-02079 DWR 401 Certification issued 10-14-15 DWR#15-1024, impacts have not been completed
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.022
W2 P
Fill
Headwater Wetland
Yes
Corps
0.031
W3 P
Fill
Headwater Wetland
Yes
Corps
0.006
W4 P
Fill
Headwater Wetland
Yes
Corps
0.038
W5 P
Fill
Headwater Wetland
Yes
Corps
0.004
W6 P
Fill
Headwater Wetland
Yes
Corps
0.041
2g. Total Wetland Impacts:
0.217
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary m
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
_
S2
Choose one
_
S3 -
Choose one
-
S4 -
Choose one
_
S5 -
Choose one
_
S6 -
Choose one
_
3h. Total stream and tributary impacts
0
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
0
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
F] Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require miti ation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
ZX Neuse E] Tar -Pamlico E] Catawba ❑ Randleman []Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
0
0
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Please see attached statement from Owner and Site Planner
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Please see attached statement from Owner and Site Planner
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑X Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Pancho Stream, Wetland & Nutrient Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Riparian wetland
Type: Choose one
Type: Choose one
Quantity: 0.284
Quantity:
Quantity:
3c. Comments: Statement of mitigation availability attacFed from bank, credits have not yet been purchased since permits have not been issue
4. Complete if Making a Payment to In -lieu Fee Pro ram
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ YesX❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: Per attached DWR letter no riparian buffers exist on site
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Stormwater management plan to be approved by the Town of Cary.
� Yes OX No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
80%
2b. Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater plan will be reviewed and approved by the Town of Cary. BMP's will be subsurface sandfilters located beneath parking areas.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Cary
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Cary
❑X Phase II
3b. Which of the following locally-implemented stormwater management programs
❑x NSW
apply (check all that apply):
❑ USMP
E] Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑Yes QX No
attached?
4. DWQ Stormwater Program Review
ElCoastal counties
❑HQW
4a. Which of the following state-implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
E] Yes OX No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
OX Yes E] No
5b. Have all of the 401 Unit submittal requirements been met?
OX Yes M No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
El Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
El Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
E] Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Midtown Mixed use project is a small commercial and residential development that is also urban infill.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Connection to existing municipal sewer line
Page 9 of 10
PCN Form —Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
*Threatened/Endangered Species are located within the Cary Quad via a NC -Natural Heritage Programs Data Search,
It is our understanding that the USACE will formally consult with USF&WS regarding potential impacts to long eared bat habitat for any Wake Co. site
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No
Essential Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures were observed during
the wetland evaluation and no structures are identified on the NC State Historic Preservation Office HPOWEB GIS Service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Wake county GIS
Kevin C. Martin
1-25-18
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Soil & Environmental Consultants, PA
8413 Falls of Neuse Roact, Suite 104, Raleigh, NC 27513 • Phone [phone] • Fax: [phone]
s:m iec.com
PROPERTY ONVNF.R CE11TIFICATION /AGENT AUTHORIZATION
Project Name/Description: _ Marshburn Tract
Date: July 21, 2025
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Daviel Shaeffer Field Office: Raleigh
S&EC Project r
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL R FOMLATION:
Parcel Lpdex Numbers) (PIN):
Site Address:
City, County, State:
PROPS TY OWN EK IN
Janet E. Marshburin
n'7rati?F7 ti,;
306 E Cedar Street
Cary, NC Wake County
Robert E. Marshburn, Jr., her Attorney -in -Fact
Jane E. P-iarshburn, by Robert E./ZZ I S _
Marshburh, Jr., her Attorney -in -Fact
Propert I Owner (please print) Date
//

Environmental Consultants,
8412 FaRs of Neuse Road, Suite 10=4, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: 'Bj t? e_ 6e j , r � S&EC Project #�
Date: Z 5
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: David Shaeffer Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and Issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, Issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel IndexNumber(s) (PIN): o? 6 114 7 !s `0 6
Site Address: 3 1 K C e 0 � �- S\
City, County, State: G r w k% %/J C,
PROPERTY OWNER INFORMATION
61 Lci r, L 1-t ,
Property er (please print) Date
Property
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Environmental Con.sultanu,
8412 Falls of Nemse Road, Suite 114, kaleigh, NC 27615 • phone: (919):M-5900
sandec.com
PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION
Project Name/Description: _
Date: -112-3/ 15
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: David Shaeffer Field Office: Raleigh
S&EC Project 4
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NMCE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0764617960
Site Address: 31 ems. Ch 0- W%' S
City, County, State: (`_ Gyj c, 2 rj, ej i j
PROPERTY OWNER INFORMATION
5C,(JAte(- / M Cj. V\ V1 L- "C— 315 E. Chatham Street, Cary, NC 27511
1 es 6.5tL-e-4 S Addh_.r -7123)15
Property O,Amer (please printy Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27613 • Phone: [phone]
san& C.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: 0 7 C , f i. -4 V,, &,v% S&EC Project #
Date: i LZ- i '5'—
The
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: David Shaef%r Field Office; Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District U,S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site Investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project,
NQTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
' 1 • iOT-316 a \
Parcel Index Number(s) (PIN): 0 '7 6 4 G 16
Site Address: SO -1 i*
City, County, State: G'P"-:�,.� N ,�
PROPERTY OWNER INFORMATION
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Property Owner (please print) Date
Property
Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Soil & Environmental Consultants, PA
to switicc.com
&El'_ N16 nr \cu+c R.md, Suite 104,161righ, NC 2761; • 11heutc: 0919) 846-S`XKI • Fax. (9111 $iii 1967
PROPERTY OWNER CERTIFICATION /AGENT AUTHORIZATION
Pate Septern ber 15 2 015
The Department of the Army
U.S. Anny Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28443
I, the undersigned, a duly authorized owner of record of the property/properties iden0ed herein, do
authorize representatives of the Wilmington District, U,S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for
the purpose of conducting on-site investigations and issuing a determination associated with Waters of the
U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the
Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf
and take all actions necessary for the processing, issuance and acceptance of a permit or certification and
any and all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff, You should call S&EC to arrange a site
meeting prior to visiting the site,
PAR .EL INFORMATION:
Parcel Index Ntimber(s) (PIN): __07646 7$7
Site Address: 229E Chatham St
City, County, State: Cary _Wake Couni<y-N_
PROPERTY M"NER INFORMATION
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Property Owner (please print)
Property Owner Signature
We hereby certify the above information submitted in rh;�
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?oto
Date

Environmental Consultants,
'412 Fall, of \eu_ a lirycu{, `vile 144. Rakigli, NC 27611 • Phcatc:
.-cnidcc.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Wolff Tract S&EC Project 9.
Date: July 21. 2015
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: David Shaeffer Field Office: Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil &Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated. With Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 07646I4777 0764615726 0764615776 0764624082
Site Address: 231 233 235 E. Chatham St. & 234 East Cedar St.
City, County, State: Cary, Wake County NC
)e6L. W_ AJO1.Fr— July 21, 2015 _
Property Owner (please print) Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

September 23, 2015
Via Email
U.S. Army Corps of Engineers
RE: East Chatham Street Properties: Impact Justification Letter
Whom It May Concern:
My family currently owns approximately 2.59 acres on East Chatham and East Cedar Streets in
Downtown Cary. Much of this land has been in my family for multiple generations and other
portions have been acquired within the past year. We are currently under contract to purchase an
additional 4.44 acres adjacent to our family's land, which our consultants have determined has
0.142 acres of wetlands. We are requesting the right to impact these wetlands for the purpose of
developing a mixed-use multi -family and commercial project within Downtown Cary. It is our
belief that the property attributes, the Development Plan attributes, and the features of the
wetlands themselves support impacting the wetlands.
The property within the Development Plan consists of 6.27 acres of undeveloped and residential
land in Downtown Cary, NC. The property is located within the original boundaries of Cary,
when first incorporated in 1871. While Cary is a historically rural and suburban town, the
property is located in the one area of town that is considered its downtown or urban core. This
project would be considered an "urban redevelopment" as opposed to a "greenfield
development". This is further highlighted by the fact that the property is located within the
"Town Center District" of Cary, which was established in 2001 with the drafting of the "Town
Center Area Plan".
The Town Center District of Cary is considered the "heart" of Cary by town officials, and was .
established when the Town made the conscious and purposeful decisions to promote sustainable,
urban redevelopment in its core. The goals of the Town Center Area Plan are to encourage a
diverse mix of uses, encourage pedestrian friendly development within walking distance of the
existing train station at sufficient densities to support the station and downtown businesses, and
to provide convenient and adequate parking for businesses and residents while minimizing visual
parking impacts.
The property is also located within the Town of Cary's "Business Improvement District", which
is an even smaller geographic area than the Town Center District. This district is the only area in
Cary with this designation, and was specifically designated as such because the Town is making
a concerted effort to promote high intensity commercial, office, and residential development in
its urban core.
The Land Use Designation and Zoning for the property is "High Intensity Mixed Use (HMXD).
This is the most intense zoning class in the Town of Cary, and the Town Center District is the
only location in the Town of Cary with this zoning. The principles of the HMXD zoning are as
follows: a mix of Commercial, Office, and High -Density Residential uses; high development

densities; close proximity to the rail station; buildings to be located close to the street and
fronting the street; and surface parking behind buildings or in parking decks. As the Town of
Cary states, "HMXD areas are the key components to creating a vibrant, walkable, and exciting
downtown."
The reason we highlight the property's location within the Town Center District and the Business
Improvement District, as well as the property's Land Use/Zoning, is that the principles/goals of
those designated areas are directly in keeping with modern, sustainable, development principles.
Those principles are as follows: intense development in the downtown urban core with
walkability to daily needs and amenities, as well as public transportation; works with existing
infrastructure; and relieves pressure on rural and suburban greenfield areas. As we will highlight
next, our Mixed -Use Development Plan is designed to meet those principles.
Our Development Plan includes +/- 204 multi -family units in a 4 story structure with a basement;
a 310 +/- space parking deck; a 20,000 SF grocery/commercial building, with the ability to add
additional stories for office or multi -family use; 134 surface parking spaces; and a 6,600 SF retail
building. This is a high intensity development plan that addresses a full range of uses.
Providing multi -family residential use within the Town Center and Business Improvement
District is critical to supporting the Downtown Cary business community. Furthermore, given
the property's location within 0.4 miles of the Cary Depot rail and bus station, it puts a high
number of residents within walking distance of high speed public transportation. This proximity
to the Cary Depot will be even more critical in the near future, as Wake County has targeted the
Cary Depot for a major transit stop on the new transit plan being developed at this moment.
The grocery/commercial building and its parking will be located on the site of the existing
wetlands. The multi -family buildings are being located on the more geometrically complicated
properties to the east of the Hunter Street extension, but the grocery/commercial building
requires a more rectilinear configuration.
The grocery/commercial use is equally critical to the success of downtown Cary's revitalization.
The grocery/commercial uses benefits the downtown community by providing critical services
such as a food store. This service would be walkable to residents in the Town Center District,
which would promote residential growth in Downtown Cary; relieve traffic on suburban roads;
and provide food and other services to the historically low income neighborhood to the SE,
where many residents may not have vehicles. The grocery/commercial uses would also provide
an important service to residents outside the walkable geographic area. However, by bringing
these residents from outside of Downtown Cary into Downtown to shop and visit, it further
supports redevelopment efforts and the Downtown Cary business community.
The overall parking count for the Development Plan is significantly below what the Town of
Cary and the Triangle market generally require for multi -family and grocery/commercial uses.
Specifically, the Town of Cary requires 2.25 parking spaces per dwelling unit for multifamily
projects. The Development Plan provides for 1.51 +/- spaces per dwelling unit, which is a 33%
reduction from the Town of Cary's parking requirement for multi -family. The Town of Cary
does not require a minimum number of parking spaces for commercial uses within the HMXD
zoning district. Instead, the Town encourages shared parking and other creative design solutions
that are market driven, but also minimize excess parking. The Development Plan provides a

market standard parking ratio of 5.04 spaces / 1,000 SF of space for the grocery/commercial
buildings. In order to attract grocery/commercial users in an unproven market like downtown
Cary, it is necessary to provide a parking ratio comparable to that of other more established
markets outside of downtown.
In summary, the overall parking provided on the Development Plan is materially less than what
projects outside of Downtown Cary would provide for a project of similar scale. Therefore it
will be necessary to incorporate shared parking to allow for enough parking to make both the
multifamily and grocery/commercial marketable. Any less parking than what is provided would
not be sufficient to make the project feasible.
The reason we are requesting the right to disturb 0.142 acres of wetlands is to allow for the
development of the Development Plan in Downtown Cary, based on the principles and
characteristics described above. Without impacting the wetlands, it is not possible to develop a
project that fully meets the Town of Cary Town Center Area and Business Improvement District
objectives. Although small in overall size, the location and distribution of the wetland pockets
on the property essentially renders the property undevelopable at a scale desired by the Town of
Cary and as shown on the Development Plan. Given the buffers required for grading, along with
Town of Cary road and drive aisle widths, the effective undevelopable area created by the
wetlands would be approximately 0.87 acres. This estimate was determined by measuring the
extent of the area surrounding the wetlands, along with buffers and any marginal land created
that would no longer be large enough to utilize within the Development Plan. Finally, the
wetlands are located closer to the Chatham Street side of the property than the Cedar Street side.
As Chatham Street is the main corridor, any building will need to be located in close proximity
to the street along Chatham Street, as required by the Town of Cary Land Development
Ordinance.
The reason we are requesting the right to impact the entire wetland area versus a portion of the
wetlands is due to their location, distribution, site topography, and Town of Cary storm water
utilities. Because the wetlands are located and evenly distributed throughout the core of the
grocery/commercial building site, on a relatively small property, there are no wetlands that could
be preserved without affecting the development of the Development Plan. Furthermore, the
topography of the site and necessary grading could place the wetlands at a grade well below the
developed building pads. If we are required to preserve all or a portion of the wetlands, the
development infrastructure, in the form of retaining walls designed around the wetland pockets,
would likely degrade the quality of the remaining wetlands, essentially making their preservation
void of the desired preservation intent. Finally, in addition to ground water, the property is fed
by 4 or more storm water sources (3 of those being pipes discharging directly into the site). The
development of the property will require that those sources be redirected through the site,
bypassing any wetlands that we are required to preserve. This may deprive those wetlands of a
substantial source of their water, further voiding the intent of their presentation.
We welcome the opportunity to speak with you should you have any questions or concerns about
the details of our wetland impact request. Furthermore, if you would like copies of any
supporting materials referenced in our letter, such as the Town of Cary Town Center Area Plan,
the Town of Cary Land Development Ordinance, the Wake County Transit Plan, etc., we would
be happy to provide those documents.

Thank you for your time, and please let us know if you have any questions.
George H. Jordan
[e-mail]
919.467.9880
P.O. Box 4422
Cary, NC 27519

The Town of Cary requires 2.25 parking spaces per dwelling unit for Multi -family use. Our
Development Plan presents parking for the Multi -family building at a ratio of 1.51 spaces per
dwelling unit. This is a 33% reduction in the Town of Cary's minimum requirements, and in
keeping with urban parking plans.
The Town of Cary does not require a minimum number of parking spaces for commercial uses
within the HMXD zoning district. Instead, the Town allows owners in the HMXD zoning
district to base their parking ratio on market conditions. They also allow owners to design a
shared parking plan to make efficient use of the limited parking spaces in an urban environment,
and to reduce unused spaces. In the Development Plan, the parking ratio for the
grocery/commercial building is 5.04 spaces / 1,000 SF of space. This ratio is in keeping with the
Triangle market for commercial uses. However, given the very low ratio for the Multi -family
building, we will also be using a shared parking plan, allowing the Multi -family residents access
to parking in the grocery/commercial parking area, limiting the overall number of spaces needed
across the entire site.

WILDLANDS
HOLDINGS
Statement of Availability
January 24, 2018
George Jordan III
155 West Chatham Street
Cary, NC 27511
[e-mail]
RE: Availability of Riparian Wetlands Credits for the Midtown project
Bank Name: Falling Creek Stream and Wetland Mitigation Bank
Bank Sponsor: Wildlands Holdings, 111, LLC
Riparian Wetlands Credits Available: 32.11
Riparian Wetlands Credits Needed: 0.284
Neuse 03020201 River Basin
Dear Mr. Jordan:
Wildlands Holdings III, LLC has the above mentioned Riparian Wetlands credits from the Falling
Creek Stream and Wetland Mitigation Bank to satisfy the above mitigation requirements
related to the above mentioned project. The project is located within the service area (HUC
03020201) of the Bank.
Credits may be reserved for a period of 12 months upon the receipt of a non-refundable
deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first
come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date
of this letter and are then subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits
and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the
date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on
a first come, first serve basis.
Upon receipt of full payment, Wildlands will execute the Compensatory Mitigation
Responsibility Transfer Form and send it to the applicable parties at the US Army Corps of
Engineers.
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609

oivnvcs
HO
We appreciate the opportunity to assist you with your mitigation requirements. Please contact
me at 205-807-0800 or ihazelhoffCcDwildlandseng.com if you have any questions or need any
additional information.
Sincerely,
��z
Ian M. Hazelhoff
Wildlands Engineering, Inc.
Land Acquisition
[e-mail]
0: [phone] ex. 120
M: [phone]
cc: Kevin Martin, Soil & Environmental Consultants
Wildlands Holding III, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609

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East Chatham Mixed-Use Development Plan Conceptual Site Plan 5
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Sep 22.2015
Cary, north Carolina
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