20160830 Ver 2_SAW-2011-02039 USACE Permit_20171026

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2011-02039 County: Wake U.S.G.S. Quad: NC-Bayleaf
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Halpern Enterprises, Inc.
William D. Brown, Jr.
Address:
5200 Roswell Road, N.E.
Atlanta, GA 30342
Telephone Number:
770-451-0318
E-mail:
bbrown(a)halpernent.com
Size (acres) 8.13 Nearest Town Raleigh
Nearest Waterway Crabtree Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.906
Longitude: -78.727
Location description: The project is located off Leesville Road, Raleigh, Wake County, North Carolina. PINS 0788047444,
0788048627, 0788048872, and 0788045738
Description of projects area and activity: This verification authorizes impacts to 264 linear feet of an unnamed tributary to
Crabtree Creek for commercial development. Fill will be placed to construct a parking lot for a grocery store. All impacts are
considered permanent. Mitigation is not required.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 39. Commercial and Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 10/12/2017, and the submitted plans 11-22 dated 5/23/2017. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, 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 upon 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 Resources (telephone [phone]) to detennine 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 Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/pennits.
If there are any questions regar g his v rifrcation, �y of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Tasha Alexan er at/I19-�54-48 elJ 35eor tasha.l.alexander(a)usaie.army.mil.
Corps Regulatory Official: Y,1111111q, Date: 10/26/2017
Expiration Date of Verificat' n: MU622

Action ID Number: 2011-02039 County: Wake
Permittee: Halpern Enterprises, Inc., William D. Brown, Jr.
Project Name: Leesville Road Marketplace
Date Verification Issued: 10/26/2017
Project Manager: Tasha Alexander
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Tasha Alexander
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

MEMORANDUM OF AGREEMENT .
BETWEEN THE
UNITED STATES ARMY CORPS OF ENGINEERS,.WILMINGTON DISTRICT
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
LEE SVILLE ROAD MARKET PLACE DEVELOMENT, RALEIGH, NC
WAKE COUNTY
WHEREAS, the United States Army Corps of Engineers, Wilmington District (USACE) is
considering the issuance of a permit for the construction of the Leesville Road Market Place (the
Undertaking), pursuant to Section 404 of the Clean Water Act (33 U.S,C. § 1344); and
WHEREAS, the Leesville Road Teacherage, a property determined eligible for listing in the
National Register of Historic Places (the Historic Property) and located on the project site is, to
be relocated to facilitate the Undertaking; and
WHEREAS, the USACE has determined that the Undertaking will have an adverse effect on the
Historic Property and has consulted with the North Carolina State Historic Preservation Officer
(SHPO) pursuant. to 36 C.F.R. § 800, of the regulations implementing Section 106 of the
National Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, the USACE has invited Halpern Enterprises, Inc. (the Developer), represented by
William. Brown, and the Raleigh Historic Development Commission (RHDC) to sign this
Memorandum of Agreement (MOA) as concurring parties; and
WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), the USACE has notified the Advisory
Council on Historic Preservation (ACHP) of its adverse effect determination with specified
documentation and the ACHP has chosen not to participate in the consultation pursuant to 36
CFR § 800.6(a)(1)(iii); and
WHEREAS, members of the general public and other interested parties were afforded an
opportunity to participate in and comment on the proposed Undertaking in accordance with 36
C.F.R. § 800.2(d) and 36 C.F.R. §800.3(e); and
WHEREAS, the SHPO has confirmed that there are no Native American Tribes that ascribe
cultural significance to lands in Wake County, North Carolina;
NOW, THEREFORE, the USACE and SHPO agree that any permit issued by the USACE for
the Undertaking shall include the following stipulations in order to take into account. the effect of
the Undertaking on the Historic Property.

STIPULATIONS
X. Recordation
A. Prior to the relocation of the Historic Property, the Developer shall fully document in
accordance with Appendix A and record the existing condition of the Leesville Road
Teacherage and its surroundings in accordance with the attached Historic Structures
and Landscape Recordation Plan [Appendix A].
B. The draft results of the recordation will be, provided to the SHPO within thirty (30)
days of execution of this MOA by all parties. The SHPO will have fifteen (15) days
from date of receipt to review the submitted recordation and offer comments. If the
SHPO does not respond within the fifteen (l 5) days, the recordation shall be
considered acceptable.
II. Relocation and Security
A. The Developer shall relocate the two-story section of the Historic Property to a new
site, and will reassemble and reconstruct the Historic Property consistent with its
existing condition, which work shall occur by March 31, 2018. Prior to relocation,
the internal chimneys will be demolished. The bricks are to be palletized and moved
with the house, for use at the new Owner's discretion. Internal chimneys are not
required to be re -installed consistent with their current construction. The roof may
either be replaced or patched where the chimneys are removed, accordingly. Efforts
will be made to keep the historic building near the historic Leesville community.
B. At the new site, the Historic Property will be oriented with its front fagade facing the
road to mimic its orientation at its historical location.
C. The Developer will construct a new foundation and secure the historic property to it,
and make the Historic Property weatherproof. The Developer will repair or replace
in-kind any siding removed for the relocation. The windows will be reinstalled if
removed for relocation, as well as will be repaired or replaced if damaged during
relocation.
D. The Developer shall be responsible for ensuring that the Historic Property is
reasonably secured and protected during the period it unoccupied on its current
site, and/or until it is transferred to the ownership of another party by contractual
agreement. If the Developer does not complete the reconstruction of the Historic
Property consistent with its existing condition prior to the transfer of ownership, the
Developer shall be responsible for ensuring and enforcing that any such contractual
agreement includes a requirement that the Historic Property be reconstructed, to a
minimum, consistent with its existing condition.
III. Study List Application
Following the move of the Teacherage to its new location, the Developer shall engage the
services of qualified Architectural Historian to prepare and submit a State Study List
application to the SHPO within 24 months of the' relocation.
'A

IV. Dispute Resolution
Should the North Carolina SHPO or any other party to this Agreement object within
fifteen (15) days of receipt of the draft recordation, as referenced in Section I
hereinabove, or within thirty (30) days for any other plans or documentation provided for
review pursuant to this Agreement, USACE shall consult with the North Carolina SHPO
to resolve the objection. If USACE or the North Carolina SHPO determines that the
objection cannot be resolved, USACE will forward all documentation relevant to the
dispute to the ACNP. Within thirty (30) days after receipt of all pertinent documentation,
the ACHE will either:
A. Provide USACE with recommendations which USACE will take into account in
reaching a final decision regarding the dispute, or
B. Notify USACE that it will comment pursuant to 36 CFR Section 800.7(c) and
proceed to comment. Any ACHP comment provided in response to such a request will be
taken into account by USACE in accordance with 36 CFR Section 800.7 (c) (4) with
reference to the subject of the dispute.
Any recommendation or comment provided by the ACNP will be understood to pertain
only to the subject of the dispute; USACE's responsibility to carry out all the actions
under this Agreement that are not the subject of the dispute will remain unchanged.
V. Duration
This MOA shall be in effect and have the same duration as the USACE's permit duration
of five years from the date of issuance of said permit.
VI. Amendments
This MOA may be amended when such an amendment is agreed to in writing by all
signatories. The amendment will be effective on the date a copy signed by all of the
siignatories is filed with the ACNP.
VII. Termination
If any. signatory to this MOA determines that its terms will not or cannot be carried out,
that party shall immediately consult with the other panties to attempt to develop an
amendment per Stipulation VI, above. If within thirty (30) days an amendment cannot be
reached, any signatory may terminate the MOA upon written notification to the other
signatories.
Once the MOA is terminated, and prior to work continuing on the Undertaking, the
USACE must either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take
into account, and respond to the comments of the ACHP under. 36 CFR § 800.7. The
USACE shall notify the signatories as to the course of action it will pursue.

Execution of this MOA by the USACE and SHPO and implementation of its terms evidence that
the USAGE has taken into account the effect of this Undertaking on the Historic Property and
afforded the ACNP an opportunity to comment.
4

AGREED:
Commander JJ. S. Army Corpfof Engineers, Wilmington District
C
l(7 --Colonel Robert J. Clark
AGREED:
North Carolina State Historic Preservation Officer
Datey 0C1 2017
Date !n- I- Z':> (-?-

CONCUR:
Halpern Enterprises, Inc.
NO
William Brown,
Date le /

CONCUR:
Raleigh Historic Development Commission
Date
Don Davis, Chair

FILED BY ADVISORY COUNCIL ON HISTORIC PRESERVATION
Council Staff

Appendix A
Historic Structures and Landscape Recordation Plan
For
Leesville Road Teacherage
Raleigh, North Carolina
I.. Historical Background: A brief historical and physical narrative/description of the Teacherage
should be prepared to include the following:
■ Date of construction
■ Architect/builder, if known
■ Owners and uses of the Teacherage since construction
■ Size and sketch plan of Teacherage
• Materials and any significant architectural details or elements
Il. Photographic Requirements: Photographic views of the Teacherage and setting, including:
■ Overall views
■ Each visible elevation of the Teacherage
■ Details of construction or design including exterior and interior architecturally significant
elements
■ Streetscapes showing the relationship of the Teacherage to the street and adjoining properties, if
possible
■ Sketch site plan keyed to photographs listed above
III. Format: Digital
Digital Images on CD (must be accompanied with prints of each image):
• Use at least a 6-megapixel camera
■ May be jpeg format
■ Must be at least 3000 pixels x 2000 pixels (450 ppi for a 6.5" x 4.5")
■ Label files as follows: County Name, Property Name, Describe View/ Image, Photographer
Name, Photo Date, Photo Number jpg.
1V. Copies and Curation:
■ One (1) CD and 1 set of labeled photos will be deposited with the North Carolina State
Historic Preservation Office to be made a permanent part of the statewide survey and
iconographic collection
■ All digital images and photographs to be labeled according to Division of Atchives and
History standards.