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HomeMy WebLinkAbout20052062 Ver 1_Complete File_200511151?- o stem PROGRAM QF@FMaeF,? MAY 3 0 2006 RECEIPT DENR - WATER QUALITY May 9, 2006 NDS AND STORPAWATER BRANCH DWQ #: 05-2062 COE #: 200620291 & 200620444 Jim Price Sanford Retail Investments, LLC P.O. Box 7339 Aiken, SC 29804 Project: Sanford Retail Site County: Lee The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $45,930.50, check number 3002, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s) including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998. Wetlands (credits) Stream (credits) ff River Basin Cataloging Unit Riparian Non- Coastal Cold Cool Warm Bu er (sq. ft.) Riparian Marsh Cape Fear 03030004 0.49 2.36 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. Si cerely, Wi D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jean Manuele, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File )ZMt-orG' ... E ... Prot" ottr stag ©EN K? ? PKDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Real Estate Investments May 10, 2006 VIA: FEDERAL EXPRESS, 919-733-1786 Mr. John Dorney NCDWQ 401 Wetlands Unit 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 RE: DWQ #: 05-2062 COE # 200620291 & 200620444 Sanford, Lee County, North Carolina Dear John, Cc.T T use 2-c(?A- ??.? 4 ` '41 o L3 In connection with the above referenced matter, enclosed please find a copy of the receipt for payment of the compensatory mitigation fee in the amount of $45,930.50. Regards, i' WRS Inc. th L. Long Administrative Assistant CC: Jean Manuele VIA: FEDERAL EXPRESS Melanie McKinney Arthur J. Kepes File Enclosure: Receipt of payment for compensatory mitigation fee for Sanford, NC ? 0 MAY 1 1 2006 DENR - WATER QUALITY WETLANDS AP10 STORM IAT-R tBIMCW Tel: (803) 649-1411 • Fax: (803) 642-5908 2361 South Centennial Ave. • Aiken, SC 29803 • P.O. Box 7339 • Aiken, SC 29804 www.wrsrealty.com rV Ids-110-' IOb 1'L : 'G4 kHU11-DhNH-hh? JlUf1nzZli PROGRAM RECEIPT 1-004 r04 May 4, 2006 DWQ #: 05-2062 COL #: 200620291 & 200620444 Jim Price Sanford Retail Investments, LLC P.O. Box 7339 Aiken, SC 29804 Project: Sanford Retail Site County: Lee U-466 The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $45,930.50, check number 3002, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or us Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s) including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4,1998. Wetlands (credits) stream (credits) River Basin Cataloging Unit Riparian Non- Coastal Cold Cool Warm Buffer (sq. ft.} Riparian Marsh Cape Fear 03030004 0.49 2.36 0 0 0 0 0 Please note that a payment made to the Ecosystem Fmhancement Program is nA reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. S" cerely, (:'Jl? 'Y W' ' D. Gilmore, PE Director cc: Cyndi Xaroly, Wetlands/401 Unit Jean Manuele, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File Y0t" 0" Stag A North Carolina Ecosystem Enhancement Program, 1652 Mai! Service Center, Raleigh, NC 270$9-1652 1 81 9-71$-04761 www.neeep.net Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Enviromnent and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 To: Company: From: Number of Contact Information: Phone #: Fax #: ? ?- t YI Yl 919-733-1786 919-733-6893 Fax #: ?J -2?0 '? gUU Date: ?J l A) including cover sheet: Nnfpe nr ei prinl inetrnrfin"e- NM' . Car?o? Division of Water Quality, Wetlands and Stormwater Branch ffllllll[J? 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwcdands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ICI Y-? O T ?9QG ?O? WA ?2(& r > ri o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 7, 2006 Mr. Jim Price Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, SC 29804 Dear Mr. Price: RE: Isolated Wetland Permit Approval Subject property: Sanford Retail site WQC Project # 20052062 Lee County Attached hereto is a copy of Isolated Wetland Permit No. 17 and General Certification Number 3402 issued to Sanford Retail Investment, LLC for the Sanford Retail site project dated March 7, 2006. If we can be of further assistance, please do not hesitate to contact us. Sincerely, P.E Attachments cc: Eric Kulz, Raleigh DWQ Regional Office File copy Central files Melanie McKinney, Soil and Mechanical Engineers, 3718 Old Battleground Road, Greensboro, NC 27410 Raleigh Field Office, US Army Corps of Engineers Jim Stanfill, NC Ecosystem Enhancement Program Filename: 20052062SanfordRetail(Lee)IsolatedandNWP Nom` Carolina ?tura!!y 401 Oveisight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: httpJ/www.newaterquality.org An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper •1 r- ?0` \NArFj9Q Michael F. Easley, Governor ?O G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources O -? Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Isolated Wetland Permit This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section 0.1300. It is issued to Sanford Retail Investment, LLC resulting in 1.67 acres of wetland impact in Lee County pursuant to an application filled on November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006 to construct the proposed Sanford Retail Site south of US 421 and west of NC 87 in Sanford, NC. The application provides adequate assurance that the discharge of fill material into wetlands in the watershed of Upper Little River in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable proportions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in application dated November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006. If you change your project, you must notify us and send a new application for a new Permit. If the property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now and in the future) exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H.1300. For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Permit: 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 are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/Isolated Wetlands 1.67 acres Site plan 2. Appropriate sediment and erosion control practices must be utilized, which equal or exceed those outlined in the most recent version of two manuals, either "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standards (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, all saltwater classes; and 10 NTUs in trout waters); 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org Ane Carolina NNaturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Sanford Retail Investment, LLC Page 2 of 3 March 7, 2006: 3. All temporary sediment and erosion control measures placed in wetlands or waters shall be removed and natural grade restored after the Division of Land Resources has released the project; 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete had hardened; 5. An additional condition is that a final written stormwater management plan shall be approved by this Office before the impacts specified in this Permit occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent NCDENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office shall constructed and operational, and the stormwater management plan, as approved by this Office shall be implemented; 6. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of Completion Form" to notify DWQ that all work included in the Wetland Permit has been completed. The responsible party shall complete the attached form and return it to the 401 Oversight/Express Review Permits Unit of the Division of Water Quality; 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Wetlands (Riparian 3.34 acres 030613 8. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (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) within 60 days of the issuance of the 401 Water Quality Certification. The stormwater plan shall be done as shown on the revised, preliminary site plan dated 11/30/05. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 3402 in GC No. 3402. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater 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 runoff from the entire project, unless otherwise explicitly approved Sanford Retail Investment, LLC Page 3 of 3 March 7, 2006: by the Division of Water Quality. Also, before any permanent building is occupied at the subject 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. If this Permit is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Permit. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Permit, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Permit. Unless such demands are made, this Permit shall be final and binding. This the 7th day of March 2006 DIVISION OF WATER QUALITY Individual Isolated Permit # 17 General Certification 3402 AWK/jrd imek, P.E. Filename: 20052062SanfordRetail(Lee)IsolatedPermit O?O? W AT ?9QG r > Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality Isolated Wetland Permit Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.1300, Sanford Retail Investments, LLC has permission as outlined below to impact 1.67 acres of isolated and 404 wetlands for the purpose(s) of constructing the proposed Sanford Retail Site in Lee County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: US 421 and NC 87 COUNTY Lee BASIN/ SUB BASIN 030613 As required by 15A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to •15 2R.0503(b). Impacts Mitigation 1.67 Acres of riparian wetland 3.34 Acres of riparian wetland In correspondence dated November 30, 2005, the EEP indicated that up to 4.0 acres of mitigation will be conducted by EEP if necessary. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 20052062SanfordRetail(Lee)EEPform 401 Oversight/Express Review Permitting Unit teal 1650 Mail Service Center, Raleigh North Carolina 27699-1650 Carolina I11/ 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 (M Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affumative Action Employer- 50% Recycled/ 10% Post Consumer Paper r: } r o?0? W Aril p >_ =1 © `C Mr. Jim Price Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, SC 29804 Dear Mr. Price: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 21, 2006 RE: Isolated Wetland Permit Approval - Modified Subject property: Sanford Retail site WQC Project # 20052062 Lee County Attached hereto is a copy of Isolated Wetland Permit No. 17 and General Certification Number 3402 issued to Sanford Retail Investment, LLC for the Sanford Retail site project dated April 21, 2006. If we can be of further assistance, please do not hesitate to contact us. Sincerely, Attachments Certification of Completion General Certification 3402 FKK11immee , P.E. cc: Eric Kulz, Raleigh DWQ Regional Office File copy Central files Melanie McKinney, Soil and Mechanical Engineers, 3718 Old Battleground Road, Greensboro, NC 27410 Raleigh Field Office, US Army Corps of Engineers Jim Stanfill, NC Ecosystem Enhancement Program Filename: 20052062SanfordRetail(Lee)IsolatedandNWPa 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwateTquality.org N?on?e1,Carolina Natura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper O?O? \ NA T P?QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Isolated Wetland Permit - Modified This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 211, Section 0.1300. It is issued to Sanford Retail Investment, LLC resulting in 1.67 acres of wetland impact in Lee County pursuant to an application filled on November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006 to construct the proposed Sanford Retail Site south of US 421 and west of NC 87 in Sanford, NC. The application provides adequate assurance that the discharge of fill material into wetlands in the watershed of Upper Little River in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable proportions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in application dated November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006. If you change your project, you must notify us and send a new application for a new Permit. If the property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now and in the future) exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H.1300. For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Permit: 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 are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/Isolated Wetlands 1.67 acres Site plan 2. Appropriate sediment and erosion control practices must be utilized, which equal or exceed those outlined in the most recent version of two manuals, either "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standards (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, all saltwater classes; and 10 NTUs in trout waters); 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org N°ne Carolina Nlatura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper r Sanford Retail Investment, LLC Page 2 of 3 April 21, 2006: 3. All temporary sediment and erosion control measures placed in wetlands or waters shall be removed and natural grade restored after the Division of Land Resources has released the project; 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete had hardened; 5. An additional condition is that a final written stormwater management plan shall be approved by this Office before the impacts specified in this Permit occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office shall constructed and operational, and the stormwater management plan, as approved by this Office shall be implemented; 6. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of Completion Form" to notify DWQ that all work included in the Wetland Permit has been completed. The responsible party shall complete the attached form and return it to the 401 Oversight/Express Review Permits Unit of the Division of Water Quality; 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Written Stormwater Management Plan (Final Plan Needed) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR- Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation River and Sub-basin Number Required Wetlands (Riparian) 0.49 (acres) 030613 Wetlands (Non- 2.36 (acres) 030613 riparian) final, written stormwater management plan (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) within 60 days of the issuance of the 401 Water Quality Certification. The stormwater plan shall be done as shown on the revised, preliminary site plan dated 11/30/05. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 3402 in GC No. 3402. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater management facilities that are appropriate for the surface water classification and designed to remove at least 85% TSS according to the most Sanford Retail Investment, LLC Page 3 of 3 April 21, 2006: recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject 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. If this Permit is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Permit. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Permit, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Permit. Unless such demands are made, this Permit shall be final and binding. This the 21" day of April 2006 DIVISION OF WATER QUALITY Individual Isolated Permit # 17 General Certification 3402 AWK/jrd Filename: 20052062SanfordRetail(Lee)IsolatedPermit • 4 O?0? W ATF9 pG _C/) r >_ Michael F. Easley, Governor William G: Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality Isolated Wetland Permit - Modified Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.1300, Sanford Retail Investments, LLC has permission as outlined below to impact 1.67 acres of isolated and 404 wetlands for the purpose(s) of constructing the proposed Sanford Retail Site in Lee County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: US 421 and NC 87 COUNTY Lee BASIN/ SUB BASIN 030613 As required by 15A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 1.18 Acres of non-riparian wetland 2.36 Acres of non-riparian wetland 0.49 Acres of riparian wetlands 0.49 Acres of riparian wetlands In correspondence dated November 30, 2005, the EEP indicated that up to 4.0 acres of mitigation will be conducted by EEP if necessary. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 20052062SanfordRetail(Lee)EEPform 401 Oversight/Express Review Permitting Unit NOne 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?'"Caro Carol liina l 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 I ?'? ? Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Re: Sanford retail site :_; Subject: Re: Sanford retail site From: "Melanie McKinney" <MMcKinney@smeinc.com> Date: Mon, 01 May 2006 13:50:46 -0400 To: <John.Dorney@ncmail.net> Hi John, I have not received it as of today's mail. Can you have the document faxed to my attention at (336) 288-8980? My address is listed at the end of this email. Thanks. Melanie McKinney S&ME, Inc. 3718 Old Battleground Rd. Greensboro, NC 27410 office: (336) 288-7180 mobile:(336) 708-0270 fax: (336) 288-8980 NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE This electronic message which includes any attachments and other documents referred to herein and in the attachments, contains information from S&ME, Inc. that may be legally privileged and/or confidential. The information is intended for the proper recipient(s) only. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, or use of the contents is strictly prohibited. If you received this message in error or are not the intended recipient, please advise the sender by reply or by telephone at the number listed above and delete this electronic message and any attachments from your computer. Receipt by anyone other than the intended recipient is not a waiver of any legal privilege. INFORMATION ABOUT THIS ELECTRONIC MESSAGE: It is the policy of S&ME, Inc. to provide clients with written reports signed by the author documenting the services performed by S&ME, Inc. for our clients. The information included in this electronic message is prepared solely for the recipient identified by S&ME, Inc. based on the information provided to S&ME, Inc. by the recipient. The message may represent a summary with limitations, conditions and further explanations omitted in the interest of brevity and time constraints. The contents of this electronic message and any attachments may be preliminary and incomplete, subject to review and revision. Therefore, this electronic message is provided "for information only" and should not be relied upon for any purpose, pending receipt of signed reports from S&ME, Inc. "For Information Only" means the electronic message provides the recipient with an indication of the general status and schedule of the services being performed for the recipient. LIMITED DURATION: This electronic message and any attachments can be used by the recipient in conformance with the permission and restrictions granted by S&ME, Inc. for ninety days from the date of the electronic message at which time the electronic message should be deleted from the recipients system and any printed copies destroyed as the electronic message and any attachments will no longer be valid and can not be used or relied upon by the recipient for any purpose. COPYRIGHT NOTICE: Copyright 2004 by S&ME, Inc. All Rights Reserved by S&ME, Inc. This notice applies to this electronic message, all attachments hereto and all documents referred to herein. This electronic message, any attachments hereto and all documents referred to herein are the proprietary property of S&ME, Inc. This electronic message, any attachments hereto and all documents referred to herein are provided for the recipient's information only subject to the restrictions and allowances included above and in the electronic message itself. No other rights than are specifically granted herein are transferred by the transmission of this electronic message by S&ME, Inc. or receipt of this message by the recipient or any other party. The recipient is granted a limited license to use this electronic message copyrighted by S&ME, Inc. The use of the electronic message by the recipient is limited to the uses specifically indicated above. The recipient's receipt and reading of the information herein in any manner is limited to the uses indicated above and such receipt and reading represents recipient's I of4 5/1/2006 1:53 PM Re: Sanford retail site agreement with the provisions of this license. Any other use is prohibited by S&ME, Inc. TRANSMISSION OF VIRUSES: The sender believes this E-mail and any attachments were free of any harmful and malicious code or defects when sent. This E-mail and attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action regarding the code or such defects. The sender is not liable for any loss or damage arising in any way from this message or its attachments. >>> John Dorney <John.Dorney@ncmail.net> 04/28 7:55 AM >>> I issued it on last Friday. Did you (or your client) not get their copy? please advise. thankx Melanie McKinney wrote: > John, > Thank you again for meeting me last Friday at the proposed retail site > in Sanford. I received several construction completion forms > from Ian but wanted to follow-up on the revised permit to see if you > have a proposed re-issuance date. > Melanie McKinney > S&ME, Inc. > 3718 Old Battleground Rd. > Greensboro, NC 27410 > office: (336) 288-7180 > mobile:(336) 708-0270 > fax: (336) 288-8980 > NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE > This electronic message which includes any attachments and other > documents referred to herein and in the attachments, contains > information from S&ME, Inc. that may be legally privileged and/or > confidential. The information is intended for the proper recipient(s) > only. If you are not the intended recipient, you are notified that > any disclosure, copying, distribution, or use of the contents is > strictly prohibited. If you received this message in error or are not > the intended recipient, please advise the sender by reply or by > telephone at the number listed above and delete this electronic > message and any attachments from your computer. Receipt by anyone > other than the intended recipient is not a waiver of any legal > privilege. > INFORMATION ABOUT THIS ELECTRONIC MESSAGE: It is the policy of S&ME, > Inc. to provide clients with written reports signed by the author > documenting the services performed by S&ME, Inc. for our clients. The > information included in this electronic message is prepared solely for > the recipient identified by S&ME, Inc. based on the information > provided to S&ME, Inc. by the recipient. The message may represent a > summary with limitations, conditions and further explanations omitted > in the interest of brevity and time constraints. The contents of this > electronic message and any attachments may be preliminary and > incomplete, subject to review and revision. Therefore, this > electronic message is provided "for information only" and should not > be relied upon for any purpose, pending receipt of signed reports from > S&ME, Inc. "For Information Only" means the electronic message 2 of4 5/1/2006 1:53 PM Re: Sanford retail site > provides the recipient with an indication of the general status and > schedule of the services being performed for the recipient. > LIMITED DURATION: This electronic message and any attachments can be > used by the recipient in conformance with the permission and > restrictions granted by S&ME, Inc. for ninety days from the date of > the electronic message at which time the electronic message should be > deleted from the recipients system and any printed copies destroyed as > the electronic message and any attachments will no longer be valid and > can not be used or relied upon by the recipient for any purpose. > COPYRIGHT NOTICE: Copyright 2004 by S&ME, Inc. All Rights Reserved > by S&ME, Inc. This notice applies to this electronic message, all > attachments hereto and all documents referred to herein. This > electronic message, any attachments hereto and all documents referred > to herein are the proprietary property of S&ME, Inc. This electronic > message, any attachments hereto and all documents referred to herein > are provided for the recipient's information only subject to the > restrictions and allowances included above and in the electronic > message itself. No other rights than are specifically granted herein > are transferred by the transmission of this electronic message by > S&ME, Inc. or receipt of this message by the recipient or any other > party. The recipient is granted a limited license to use this > electronic message copyrighted by S&ME, Inc. The use of the > electronic message by the recipient is limited to the uses > specifically indicated above. The recipient's receipt and reading of > the information herein in any manner is limited to the uses indicated > above and such receipt and reading represents recipient's agreement > with the provisions of this license. Any other use is prohibited by > S&ME, Inc. > TRANSMISSION OF VIRUSES: The sender believes this E-mail and any > attachments were free of any harmful and malicious code or defects > when sent. This E-mail and attachments could have been infected > during transmission. By reading the message and opening any > attachments, the recipient accepts full responsibility for taking > protective and remedial action regarding the code or such defects. > The sender is not liable for any loss or damage arising in any way > from this message or its attachments. >BEGIN:VCARD >VERSION:2.1 >X-GWTYPE:USER >FN:McKinney, Melanie >N:McKinney; Melanie >ORG:;Natural Resources >EMAIL;WORK;PREF;NGW:MMcKinney.Greensboro.gwdomain >END:VCARD 3 of4 5/1/2006 1:53 PM Re: Sanford retail site _ BEGIN:VCARD VERSION:2.1 X-GWTYPE:USER FN:McKinney, Melanie N:McKinney;Melanie ORG:;Natural Resources EMAIL;WORK;PREF;NGW:MMCKinney.Greensboro.gwdomain END:VCARD CContent-Type: text/plain ;Melanie McKinney.vcf Content-Encoding: 8bit 4 of4 5/1/2006 1:53 PM tS&MEAL T G 3718 Old Battleground Road Greensboro, North Carolina 27410 Phone: (336) 288-7180 Fax: (336) 288-8980 LETTER OF TRANSMITTAL Date: 3/29/06 Project Number: 1588-05-030 From: Melanie McKinney To: John Dorney Copy to: FILE NCDWQ 401 Wetlands Unit Subject: Photos of Isolated Wetland Feature - Sanford Retail Investment Transmitted via First Class ? Overnight ? Hand ?X Other Mail Express Delivery Remarks: I? Sanford Retail Investment - S&ME Project No. 1588-05-030 :4 3?R ter' ?? - 5 P+ .r ? p Photo 1: View of Agricultural Drainage Ditch from Isolated Wetland facing southwest. Photo taken by Melanie McKinney on March 24, 2006. Sanford Retail Investment - S&ME Project No. 1588-05-030 t L ?4 R , . ? f ? IS'! " ? i' a?4t{? 4 i.ns ? ^ s a? ,+`a 3 * z?; ? Avt g .t7?rl"P? dJV Photo 2: ?.? ?2 C, F Agricultural Drainage Ditch plugged in non jurisdictional area, as approved by USACE on August 25, 2005. Photo taken by Melanie McKinney on March 24, 2005, facing southeast from point north of wooded area at southern property boundary. - ICI Y-? O T ?9QG ?O? WA ?2(& r > ri o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 7, 2006 Mr. Jim Price Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, SC 29804 Dear Mr. Price: RE: Isolated Wetland Permit Approval Subject property: Sanford Retail site WQC Project # 20052062 Lee County Attached hereto is a copy of Isolated Wetland Permit No. 17 and General Certification Number 3402 issued to Sanford Retail Investment, LLC for the Sanford Retail site project dated March 7, 2006. If we can be of further assistance, please do not hesitate to contact us. Sincerely, P.E Attachments cc: Eric Kulz, Raleigh DWQ Regional Office File copy Central files Melanie McKinney, Soil and Mechanical Engineers, 3718 Old Battleground Road, Greensboro, NC 27410 Raleigh Field Office, US Army Corps of Engineers Jim Stanfill, NC Ecosystem Enhancement Program Filename: 20052062SanfordRetail(Lee)IsolatedandNWP Nom` Carolina ?tura!!y 401 Oveisight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: httpJ/www.newaterquality.org An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper •1 r- ?0` \NArFj9Q Michael F. Easley, Governor ?O G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources O -? Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Isolated Wetland Permit This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section 0.1300. It is issued to Sanford Retail Investment, LLC resulting in 1.67 acres of wetland impact in Lee County pursuant to an application filled on November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006 to construct the proposed Sanford Retail Site south of US 421 and west of NC 87 in Sanford, NC. The application provides adequate assurance that the discharge of fill material into wetlands in the watershed of Upper Little River in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable proportions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in application dated November 15, 2005 with additional information received on December 14, 2005 and February 20, 2006. If you change your project, you must notify us and send a new application for a new Permit. If the property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now and in the future) exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H.1300. For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Permit: 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 are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/Isolated Wetlands 1.67 acres Site plan 2. Appropriate sediment and erosion control practices must be utilized, which equal or exceed those outlined in the most recent version of two manuals, either "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standards (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, all saltwater classes; and 10 NTUs in trout waters); 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org Ane Carolina NNaturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Sanford Retail Investment, LLC Page 2 of 3 March 7, 2006: 3. All temporary sediment and erosion control measures placed in wetlands or waters shall be removed and natural grade restored after the Division of Land Resources has released the project; 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete had hardened; 5. An additional condition is that a final written stormwater management plan shall be approved by this Office before the impacts specified in this Permit occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent NCDENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office shall constructed and operational, and the stormwater management plan, as approved by this Office shall be implemented; 6. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of Completion Form" to notify DWQ that all work included in the Wetland Permit has been completed. The responsible party shall complete the attached form and return it to the 401 Oversight/Express Review Permits Unit of the Division of Water Quality; 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Wetlands (Riparian 3.34 acres 030613 8. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (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) within 60 days of the issuance of the 401 Water Quality Certification. The stormwater plan shall be done as shown on the revised, preliminary site plan dated 11/30/05. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 3402 in GC No. 3402. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater 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 runoff from the entire project, unless otherwise explicitly approved Sanford Retail Investment, LLC Page 3 of 3 March 7, 2006: by the Division of Water Quality. Also, before any permanent building is occupied at the subject 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. If this Permit is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Permit. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Permit, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Permit. Unless such demands are made, this Permit shall be final and binding. This the 7th day of March 2006 DIVISION OF WATER QUALITY Individual Isolated Permit # 17 General Certification 3402 AWK/jrd imek, P.E. Filename: 20052062SanfordRetail(Lee)IsolatedPermit O?O? W AT ?9QG r > Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality Isolated Wetland Permit Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.1300, Sanford Retail Investments, LLC has permission as outlined below to impact 1.67 acres of isolated and 404 wetlands for the purpose(s) of constructing the proposed Sanford Retail Site in Lee County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: US 421 and NC 87 COUNTY Lee BASIN/ SUB BASIN 030613 As required by 15A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to •15 2R.0503(b). Impacts Mitigation 1.67 Acres of riparian wetland 3.34 Acres of riparian wetland In correspondence dated November 30, 2005, the EEP indicated that up to 4.0 acres of mitigation will be conducted by EEP if necessary. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 20052062SanfordRetail(Lee)EEPform 401 Oversight/Express Review Permitting Unit teal 1650 Mail Service Center, Raleigh North Carolina 27699-1650 Carolina I11/ 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 (M Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affumative Action Employer- 50% Recycled/ 10% Post Consumer Paper A ?/ •' w ? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Mich, ;I F. Easley, Governor February 20, 2006 MBAO TO: Lori Glaum FROM: John Dorn ,P_ RE: Reimbursement or payment of Public Notice Sanford Retail Center; DWQ # 20052062 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Please find attached a check for $107.83 from S&ME in order to reimburse the Division for the cost of a Public Notice for an isolated wetland permit for The Sanford Herald. I can be reached at 733-9646 if you have any questions. Cc: File copy 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786 / FAX 919.733-68931 Internet: hU:/Wo.enr,state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Nah(rally 2-17-06 1588-05-030 Sanford Retai Investment,LL AD# 03585733- 1588-5040 1 $ 107.83 1 FEB 2 0 2006 DENR - WATER QUALITY WETLANDS AND STORUV DOCUMENT THE FACE OF THIS BACKGROUND ON WHITE PAPER of Nort Carolina, 66-55 of North 531 009440 Greensboro, NC 2742 420 S&ME 3718 Old Battleground Rd. Greensboro, North Carolina 27410 February 17, 2006 (336) 288-7180 PAY 'One-Hundred-SevenDOLLARS AND 83/100 CENTS $ *^107.83* EX ESS OF TO THE NORTH CAROLINA DEPT. OF ENV. & NATURAL NOT VALID AMOU $1,000.00 ORDER RESOURCES OF 1650 :MAIL SERVICE CENTER RALEIGH, NC 27699 1110094.L.Owl 1:053 L00559l: 0211,313237"1111 S&ME February 16, 2006 North Carolina Division of Water Quality 401/Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Attention: Mr. John Dorney .l EB 2 0 2006 DEN.Li -WATER QUALITY V^JETU "S AND TORM ER 4,QtJCN Reference: RESPONSE TO REQUEST FOR INVOICE PAYMENT DWQ Project # 05-2062 Sanford Retail Site, Lee County, NC S&ME Project No. 1588-05-030 Dear Mr. Dorney: Based on a phone conversation between Melanie McKinney with S&ME, Inc. and John Dorney with the N.C. Division of Water Quality (NCDWQ) on February 14, 2006, it is our understanding that payment to The Sanford Herald for publishing the Sanford Retail Investment, LLC public notice December 20 through December 29 is needed. Conversations with Jimmie Holt at The Sanford Herald determined that the Sanford Retail Investment LLC invoice was paid on February 2, 2006 with NCDWQ Check #2080407, attached. Please find enclosed reimbursement for the NCDWQ public notice. If you have any questions or concerns in regards to this matter please contact us at your earliest convenience. We maybe reached at (336) 288-7180. Sincerely, S&ME, Inc. Melanie McKinney Natural Resources Professional *11 1 Job Willcox, L.S.S. Natural Resources D rtment Manager cc: Jim Price, WRS Realty, Inc. SME, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 www.smeinc.com 02/15/2006 10:50 FAX 19197744269 THE SANFORD HERALD 1003 f-? as m ? m v ? 0 a v m y m l l7 o O m 0 h? 4w :yo V m • O m O C ((p]] C O F 7 W a c N O V C y OP w i " 134 r O { b ?i m m , m O n z 2 m?z T A .n C7 m O N r z p N C) cc 2 O Uu. O?O? W A ??9QG l7 Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 20, 2005 Attn: Legal Ad Department The Sanford Herald P.O. Box 100 Sanford, NC 27331 Subject Property: Sanford Retail Site Re: Request to Publish Public Notice Dear Sir or Madam: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 2005-2062 Lee County Please publish the attached Public Notice one time in the section set aside for Legal Advertisements in your newspaper. The publication should run on or before December 29, 2005. Please send the invoice for the publication and three copies of the affidavit of publication to the address given below. Payment cannot be processed without the affidavit of publication. N.C. Division of Water Quality Attn: Ian McMillan Water Quality Section 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 If you have any questions, please telephone me at 919-715-4631. CBK/jrd cc: File copy Eric Kulz, DWQ Raleigh Regional Office Sincerely, 4---4 ;6 Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit Filename: 20052062SanfordRetai l(Lee)PubNot 401 Oversight(Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: htta://h2o.enr.state.nc.us/ncwetlands Nom` Carolina Nturu!!y An Equal Opportunity/Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper Sanford Retail Investments, LLC Page 2 of 2 December 20, 2005 NORTH CAROLINA DIVISION OF WATER QUALITY PUBLIC NOTICE is hereby given that Sanford Retail Investment, LLC North Carolina, has applied to the North Carolina Division of Water Quality fora Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Water Quality Commission rules in 15A NCAC 2H 1300. The activity for this Certification is sought to fill 1.67 acres of wetlands (0.67 acres subject to Section 404 permitting and 1.18 acres of isolated wetlands) in Lee County south of US 421 and west of NC 87 in the town of Sanford in order to construct a commercial shopping complex. The applicant proposes to provide an on-site wet detention pond and make a mitigation payment to the NC Ecosystem Enhancement Program as well as preserve the remaining wetlands on the site. The public is invited to comment on the above-mentioned application to the Division of Water Quality. Comments shall be in writing and shall be received by the Division no later than January 31, 2006. Comments should be sent to the N.C. Division of Water Quality, Non-Discharge Branch, 2321 Crabtree Boulevard, Raleigh, NC 27604, Attn: Cyndi Karoly (919-733-9721 Fax: 919-733-6893). A copy of the application is on file at the Division office at 3800 Barrett Drive, Raleigh, North Carolina 27609 (Raleigh Regional Office fax 919-571-4718) during normal business hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, and may be inspected by the public. Alan W. Klimek, P.E., Director N.C. Division of Water Quality DATE: December 20, 2005 Triage Check List Date: 2 Prote6t Name. County: To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Horan ? From: Telephone : (919) The file attached. Is being forwarded '?o-. our for your evaluation. 'Please call if you need" Lance. ? Stream length impacted '? ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? BufferRules'(Neuse, Tar-Pamlico,'Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meeting$T ? Cumulative impact concern t 2 0 0 5 2 0 6 2 ' i? ?. J J? i Jf I? F? NORTH CAROLINA DIVISION OF WATER QUALITY, SECTION 401 INDIVIDUAL PERMIT APPLICATION NATIONWIDE 39/ NATIONWIDE 18 PERMIT APPLICATION APPROXIMATELY 49 ACRE TRACT SANFORD, NORTH CAROLINA S&ME PROJECT NO. 1588-05-030 Prepared For: Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, South Carolina 29804 Prepared By: S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 November, 2005 D 1% L« , . lo, Sgt November 11, 2005 North Carolina Division of Water Quality 401 /Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Attention: Ms. Cyndi Karoly Reference: Section 401 Individual Permit Approximately 49-Acre Tract Hwy 87 & Wilson Rd. - Sanford, NC S&ME Project No. 1588-05-030 Dear Ms. Karoly: S&ME, Inc. (S&ME) would like to submit on behalf of Sanford Retail Investment, LLC a request for an Individual Permit (IP) associated with proposed impacts to isolated wetlands on the above- referenced property. A 401 Certification for Nationwide Permit (NWP) 39 and Nationwide Permit (NWP) 18, with cumulative impacts to less than 0.5 acre of jurisdictional wetlands is also requested with this application. Based on correspondence between Melanie McKinney with S&ME and Todd Tugwell, the U.S. Army Corps of Engineers field representative responsible for Lee County, it is our understanding that the NWP 18 may be utilized for impacts of less than 0.1 acre for stormwater pond creation and a NWP 39 may be utilized for impacts to the same wetland feature for road construction and paving, given that the total amount of jurisdictional wetland impacts does not exceed 0.5 acre. SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 www.smainc.com NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 Please find the following materials enclosed: 1) Pre-Construction Notification (PCN) Application Form and Agent Authorization Letter 2) Figures: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Wetlands and Waters of the U.S. Map (Figure 3), Wetland Survey with Site Plan (Figure 4), and ' Site Plan (Figure 5) 3) Photographs of Existing Site Conditions ' 4) Preliminary Stormwater Quality Basin Drawing 5) Threatened and Endangered Species Technical Report 6) Cultural Resources Report Background Information An approximately 49-acre tract consisting of Lee County Tax Parcel Numbers 9661-07-7165 and ' 9661-16-0030 is proposed for development. The property is located south of Highway 421 and west of State Highway 87 South, in the Town of Sanford, North Carolina (35.1801 N, 78.9800 W). The approximate location of the project area is depicted by the attached figures: Vicinity Map (Figure 1), a portion of the 1993 Sanford Quadrangle USGS Topographic Map (Figure 2), Wetlands and Waters of the U.S. Map (Figure 3), Wetland Survey with Site Plan (Figure 4), and Site Plan (Figure 5). The applicant, Sanford Retail Investment, LLC, is pursuing development of the site for construction of a 203,819 square foot retail center with 60,000 square feet of retail shops, and five outparcels. 3 NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 Purpose and Need The proposed retail center seeks to meet the increasing needs of its citizens while providing job creation and economic growth to Lee County. The proposed project will create an estimated 800 jobs. Existing Site Conditions The 49-acre tract is dominated by no-till agricultural fields and is currently developed with two houses, a trailer, and several multiple use barns. The southern half of the property is used for soybean production and contains a farm road and agricultural drainage ditches. The northern half of the property is predominately a fallow agricultural field with bermuda grass (Cynodon dactylon), goldenrod (Solidago Canadensis) and dog fennel (Eupatorium capillifolium). Approximately 1.3 acres of jurisdictional wetlands were observed within a forested area in the northwestern portion of the property, as verified by the U.S. Army Corps of Engineers (USACE) on August 25, 2005. The northern, narrower portion of the wetland contained chinese privet (Ligustrum sinense) and red maple (Acer rubrum). Vegetation between the wetland corridor and agricultural field consisted of chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). The wetland was bordered to the west by a moderately dense stand of Loblolly pine (Pinus taeda). A forested area within the center of the property was observed with an approximately 1 acre isolated wetland feature. This feature was verified by the USACE on August 25, 2005. The wetland canopy consisted of Red maple (Acer rubrum) and Sweet gum (Liquidambar styraciflua). Vegetation between the wetland corridor and agricultural field included Switch cane (Arundinaria gigantea) and Chinese privet (Ligustrum sinense). 4 NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 S&ME conducted a jurisdictional wetlands and waters of the U.S. delineation of the on-site wetlands in April 2005. During a site visit on August 25, 2005, the USACE confirmed the jurisdictional limits of the onsite features. During a site meeting on September 20, 2005, the North Carolina Divison of Water Quality (NCDWQ) examined the isolated wetland feature. The wetlands were subsequently surveyed by Freeland and Associates, Inc. and have been submitted to the USACE for final approval. Proposed Jurisidictional Wetland Impacts Approximately 0.49 acre of wetlands are proposed to be impacted by placement of fill material for the construction of a road, paved areas, and a stormwater management pond associated with a 203,819 square footage retail center. These impacts are depicted in Figure 4. Table 1 further identifies the proposed impacts. Table 1: Proposed Jurisdictional Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre A - (NW 18) Excavation / Grading 0.09 B - (NW39) Fill 0.15 C- (NW 39) Fill 0.25 Total Impacts to Jurisdictional Wetlands: 0.49 acre 2 NCDWQ Individual Permit Application Approximately 49 Acre-Tract, Sanford Retail Site Proposed Isolated Wetland Impacts S&ME Project No. 1588-05-030 November 11, 2005 Approximately 1.18 acres of isolated wetlands are proposed to be impacted by placement of fill material associated with construction of a parking lot and building pad for the proposed retail center. The isolated wetland impact is depicted in Figure 4 and identified in Table 2. Table 2: Isolated Wetland Impacts Wetland Impact ID Type of Impact Proposed Impact acre D Fill 1.18 Total Impacts to Isolated Wetlands: 1.18 acres 3 NCDWQ Individual Permit Application Approximately 49 Acre-Tract, Sanford Retail Site Protected Species S&ME Project No. 1588-05-030 November 11, 2005 S&ME reviewed the U.S. Fish and Wildlife Service webpage and the North Carolina Natural Heritage Program website for information concerning the occurrence of federal and state protected species in Lee County. A field survey was conducted to observe the presence or absence of suitable habitat for the federal and state protected species listed below. Table 3: Protected Species Summary Common Name Federal Status State Status Notropis mekistocholas Cape Fear shiner E E Picoides borealis Red-cockaded woodpecker E E Ptilimnium nodosum Harperella E E Amorpha georgiana var Georgiana FSC E Georgia Indigo-bush Lilium pyrophilum Sandhills Lily FSC E Lindera subcoriacea Bog spicebush FSC T Parnassia caroliniana Carolina Grass-of-parnassus ----- E Phacelia covillei Buttercup Phacelia FSC T E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: Species of Concern - A taxon that may or may not be listed in the future 4 J IF? NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 During the field survey no protected species were observed. Based on information obtained from data review and field survey, no suitable habitat was observed within the property boundaries of the site and it is unlikely that the proposed project will impact Lee County's state and federal protected species. A copy of the Threatened and Endangered Species Technical Report is attached with this permit application. Cultural Resources S&ME subcontracted TRC Garrow (TRC) to evaluate the project area for cultural resources. TRC's literature review identified no archaelogical sites or historic structures within the property's boundaries. Twenty-three archaeogical sites were identified as being recorded within a one mile radius of the project area, however, none of these sites were found to be eligible for preservation after being evaluated. One historic structure within a one mile radius of the site, the McIver Faulk House, was determined eligible for inclusion on the National Register of Historic Places (NRHP), and has since been moved to an unknown location. On October 26, 2005 a cultural resources reconnaissance survey was conducted on the property and much of the property was determined to be lightly to moderately disturbed based on agricultural use of the land. According to the cultural resources report, "no previously recorded archaeological sites or architectural resources are located within or immediately adjacent to the project tract," and therefore the proposed project is unlikely to affect archeaogical or historic resources. A copy of the Cultural Resources Report is included with this permit application. 5 C ' NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 Alternatives Analysis Criteria such as location, cost, constructability, and construction schedule are used to determine ' the suitability of potential retail sites. The size of the potential tracts must accommodate the size of standard building prototypes for the proposed retail center. In many instances, this may require ' acquiring adjacent properties, and reluctance of private property owners to sell, creates unsuitable tracts of land. Access to major transportation and required off-site improvements such as road widening, construction of traffic signals, and availability of water, sewer, gas, and electricity are evaluated. Costs associated with earthwork, concrete and asphalt paving, environmental ' permitting (wetlands, Phase I and II environmental issues), building permits, and construction materials are influenced by site specific factors. ' Location of a potential site determines the economic success of a retail center along with its ability to meet the transportation needs of its employees and customers. Consequently, a retail center of ' this magnitude in size must be located within a specific range of the major population. Four potential retail sites were considered for the proposed retail center. The following sites were determined unsuitable for the proposed retail center based on criteria listed below: Alternative Sites Evaluated NC Hwy 151501 and Hawkins Avenue 1) Small size of the tract does not accommodate the standard size of the proposed project 2) Location does not provide visibility to the major population and consequently affects accessibility 3) Significant earthwork required based on site topography 4) Significant acquisition cost, too expensive 6 ' ' NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 NC Hwy 151501 and Tramway 1) Opposition of one property owner to sell diminished size of tract ' 2) Federal Aviation Administration (FAA) Radio Tower cannot be removed from site, creating a tract that does not accommodate the size and layout of the project US Hwy 421 and NC Hwy 87 1) Irregular sized parcel does not accommodate standard size of proposed project 2) Poor accessibility associated with location of tract, off-site road improvements needed 3) Significant acquisition cost, too expensive r ' Avoidance and Minimization ' After evaluating the alternative sites, the NC Hwy 87/Wilson Road tract was determined to be most suitable. The proposed structures associated with the retail center have been designed to ' cross narrower portions of the jurisdictional wetlands. Impacts have been minimized to the greatest extent practicable that satisfy project conditions. Approximately 0.80 acre of higher ' quality jurisdictional wetlands shall be undisturbed by this project. The location of the isolated wetland poses unavoidable impacts for utilization of the site. ' NCDWQ Individual Permit Application S&ME Project No. 1588-05-030 Approximately 49 Acre-Tract, Sanford Retail Site November 11, 2005 i Storm-Water Management Plan A Stormwater Management Plan will be submitted to the NCDENR Division of Water Quality- Water Quality Section- Wetlands Unit by Freeland and Kauffman, Inc. This plan will include a Stormwater Management Permit Application Form, Wet Detention Basin Worksheet for the proposed basin, and an Operations and Maintenance Plan. Greater than 30% of the proposed site is proposed to be developed as impervious surface. As a means of water quality protection, a ' permanent water quality basin is proposed to be installed at the site. The basin will be located at the northeast corner of the planned development. The location of this basin is shown in the Preliminary Stormwater Drawing Section. r I Compensatory Mitigation ' Payment into the North Carolina Ecosystem Enhancement Program (NCEEP) fund is proposed for compensatory mitigation of unavoidable impacts to 0.49 acre of jurisidictional wetlands and 1.18 acres of isolated wetlands. Inquiry into NCEEP credits for 0.5 acre of riparian wetlands (1:1 ratio) and 1.5 acres of non-riparian, isolated wetlands (1:1 ratio) was submitted to the NCEEP on ' November 9, 2005. I 8 J ' NCDWQ Individual Permit Application Approximately 49 Acre-Tract, Sanford Retail Site fl S&ME Project No. 1588-05-030 November 11, 2005 Closing Your review of this application is greatly appreciated. If you have questions in regards to the permit application or require additional information please feel free to call us at (800) 849-2985. Sincerely, S&ME, Inc. Melanie McKinney Bill Noel, R.F. Natural Resources Professional Senior Ecologist Attachments: Pre-Construction Notification Application and Agent Authorization Letter Figures Photographs of Existing Site Conditions Preliminary Stormwater Quality Basin Drawing Threatened and Endangered Species Technical Report Cultural Resources Report Cc: Mr. Jim Price, WRS, Inc. ? SR/WW 9 U 11 J ' Pre-Construction Notification (PCN) Application and Agent ' Authorization Letter u L Office Use Only: Form Version March 05 2 0 0 5 2 n USACE Action ID No. DWQ No. 0 2 kit any particular item is not applicable to ttus project, please enter "Not Applicable" or "N/A".) 1. Processing 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: Individual 401 Certification for Isolated Wetlands (1.18 Acres) NWP 18 & NWP 39 for Jurisdictional Wetlands (0.49 Acre) ' 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? ' 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ' 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details cbrck-bom n?rf 0 II. Applicant Information 1. Owner/Applicant Information {YW54{4auwi{jrrti:Kpj?.il.F1 Name: Mr. Jim Price }?u3b Mailing Address: Sanford Retail Investment LLC 2361 South Centennial Avenue Aiken, South Carolina 29804 ' Telephone Number: (803) 649-1411 Fax Number: (803) 642-5908 E-mail Address: jprice@wrsrealty.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Melanie McKinney Company Affiliation: S&ME, Inc. Mailing Address: 3718 Old Battleground Road Greensboro North Carolina 27410 Telephone Number: (336) 288-7180 Fax Number: _ (336) 288-8980 E-mail Address: mmckinney@smeinc.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Approximately 49-Acre Sanford Retail Site 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9661-07-7165 and 9961-16-0030 4. Location County: Lee Nearest Town: Sanford Subdivision name (include phase/lot number): N/A ' Directions to site (include road numbers/names, landmarks, etc.): From Hwy. 421 South in Sanford take Hwy 87 South, property is located on the right ' 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): 35.1801 °N 78.9800 °W 6. Property size (acres): Approximately 49 acres 7. Name of nearest receiving body of water: U/T to Little River 8. River Basin: Cape Fear ' (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htip://h2o.enr.state.nc.us/admin/mgps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently developed with two houses, a trailer, and several multiple use barns. The area surrounding the residences is used for agricultural purposes. The general land use in the vicinity of the site is developed as commercial light residential, and industrial. Page 6 of 13 9. Describe the overall project in detail, including the type of equipment to be used: The applicant, Sanford Retail Investment LLC is pursuing the development of approximately 49 acres for construction of a 203,819 square footage retail center with 60,000 square footage of retail shops, and five outlot parcels. A bulldozer, backhoe and other heave equipment shall be used to build a road, parking areas and a stormwater management pond IN. V. VI. 10. Explain the purpose of the proposed work: Approximately 0.49 acre of jurisdictional wetlands are proposed to be impacted by the placement of fill material for the construction of a road, paved areas, and a stormwater management pond associated with a 203,819 square foot retail center that will create an estimated 800 jobs Approximately 1.18 acres of an isolated wetlands are proposed to be impacted by the placement of fill material for construction of a parking lot and building pad 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 jurisdictional determination was made on August 25, 2005 bean Manuele and Monte Matthews with the USACE Raleigh Regulatory Field Office An isolated feature was identified during the meeting by Ms Manuele and is depicted on the wetland survey as 1.18 acres. A survey of the approved wetland boundary and proposed site plan are attached 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. No future permit requests are anticipated for this project. 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. Page 7 of 13 J I . Provide a written description of the proposed impacts: 0.49 acre of jurisdictional ' wetlands are proposed to be impacted through placement of fill material and grading activities associated with construction of 1) a road and its adjacent paved areas for a NWP 39, and 2) a stormwater management pond for a NWP 18 An Individual Permit is requested for impacts to 1.18 acres of isolated wetland impacts associated with construction of a parking lot and building pad. 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 floodine. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) linear feet) Wetland A (NW 18) Excavation/Grading Forested No > 100 ft. 0.09 Ac Wetland B (NW 39) Fill Forested No > 100 ft. 0.15 Ac Wetland C (NW 39) Fill Forested No > 100 ft. 0.25 Ac Wetland D (Isolated IP) Fill Forested No > 100 ft. 1.18 Ac Total Wetland Impact (acres) - USACE Jurisdictiona l Wetlands 0.49 Ac Total Wetland Impact (acres) - Isolated Wetlands 1.18 Ac Total Impacts: 1.67 Ac 3. List the total acreage (estimated) of all existing wetlands on the property: 1.29 acres of jurisdictional wetlands and 1.18 acres of isolated wetlands 0 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. Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact acres Total Stream Impact (by length and acreage) N/A - No on-site streams Page 8 of 13 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) I VII. 0 6. List t he cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact (acres): 0.49 ac Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ® Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 1.18 acres of isolated wetlands are proposed to be impacted by placement of fill material for construction of parking lots and a building pad for a commercial retail center. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ® wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater Management (state requirement) Current land use in the vicinity of the pond: Agriculture Size of watershed draining to pond: Approximately 49 acres Expected pond surface area: Approximately 4.75 acres 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. Proposed structures have been designed to cross narrower portions of jurisdictional wetlands. Impacts have been minimized to Page 9 of 13 the greatest extent practicable that satisfy project conditions Approximately 0.80 acre of higher quality jurisdictional wetlands shall be undisturbed by this project VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. 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 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 Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.ne.us/ncwetlands/strmp-ide.html. 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. 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are willing to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/w!p/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): Page 10 of 13 Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): 0.49 acres Amount of Non-riparian wetland mitigation requested (acres): 1.18 acres Amount of Coastal wetland mitigation requested (acres): ' Ix. 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 ' 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A ' 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 ? N/A X. 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 V 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 3 (2 for Catawba) 2 1.5 Total 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. Page 11 of 13 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. ' XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater ' controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level._ Approximately 32 acres of total impervious surface is proposed for the approximately 49-acre site Proposed total percent impervious surface is 64.5%. A Stormwater Management Plan will be submitted to the NCDWQ by the project engineer to satisfy the 85% TSS removal requirement. This plan is currently being developed by Freeland and Kauffman,Inc. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Town of Sanford existing sewer and water infrastructure xIII. Violations (required by DWQ) ' Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No ' Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional ' development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: 11 I Page 12 of 13 XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). G Applicant/Agent's Sign I (Agent's signature is valid only it Page 13 of 13 // - // - /l Date letter from the applicant is provided.) NNONEW OGT-21-2005 11:17 FROM MS INC 18036425908 TO: 913362888980 P.2 LETTER OF AUTHORIZATION TO ACT AS AGENT Date: 10/20/05 Project Information I n iii 11 I S&ME Project Name: Approximately 49.37-Acre Tract - Hwy 87, Sanfor Type of Project: Wetland Permitting Location: South of the intersection of Wilson Road and NC H City of Sanford. Lee County. North Carolina 87 Property Owner/Representative Information Business Name: BURS, Inc,--' Mailing Address: 2361 South Centennial Avenue City, State, Zip Code: Aiken, SC 29803 Telephone No. (803) 649-1411 Contact: Jim Price Agent Information Business Name: S&ME, Inc. Street Address: 3718 Old Battleground Road City, State, Zip Code: Greensboro, NC 27410 Telephone No. (336) 288-7180 Contact: Melanie McKinney Authorization: I I_ 'e? ?92 on behalf of (Contact Signature) [. z/ ZAr-, hereby author (Nam f Landowner or Representative) S&ME, Inc. to act as agent for the above-mentioned C 'J u Figures J n N °?Pp " ?a W E SR#1404 0 ?p,? ? ?'? S c 0 o `r?P U Riddle Rd opo ?p,? ? QrcCo e? McNeill Rd Lick Creek Rd A Pf q? Burns Dr J`eEta 0 ° x lpQ ?Qb 3 ? an-le 0 Or y E Weatherspcon St L a SpNe o Ch?lotte Aye Carbonton Rd, cS? pad N Clearwater Dr 23 C?` w y y q° Wicker St sofa qS Wicker= Fields D S?' s? 119 r ???laryd e???? w ? a d s ,`?? G?der$t Ake ?N1a?osc L m ? v S' St ??? q ro" c 4s apSt, ?? 1? H C .rl o G w 1 c a '?Pr??? ti v ?o ? pN a a- ?sti?? 'ZO 4 y w ?ya9 o / v0 fro 'YJy? `D --4 °OQO ?•. ttp ?e?c4 w ?QQ, Rd ?a 4e? a Pay°`? d ?asga O Rice Rd C1`0 Broad B?°aa?a9¢a waY Rd 0 -P :S1 TE John Rosser Rd cO?a Co US 42l day r add0xRd a Hickory House Rd asffe6e K'illert of d cam- ??':? 4a ? Joe Smith F-d ds e? A o S attheksRd # a pia N W Scale: 1 inch equals 1 mile WRS, Inc. - HWY 87 JD FIGURE Drawn b : JBP Vicinity Map Reviewed b MLM Lee County, NC 1 Date: October, 2005 ENVIRONMENTAL SERVICES • ENGINEERING - TESTING S&ME Project #1588-05-030 s At) v / 6 , ` ?, • • Cox Maddbx•;h ?•'; + A%p / n \ X17 ?`? L_ \ O • , ?w r '• ,' -? `- _ 400 Scale: 1 inch equals 1,000 feet WRS, Inc. - HWY 87 JD FIGURE Drawn by: JBP USGS Topography Map Lee County, NC 2 Reviewed b MLM Sam Date: October, 2005 ENVIRONMENTAL SERVICES • ENUNURING • TESTING S&ME Project #1588-05-030 r ? Legend _ o JD Flag Locations Note: Wetlmufs delineated by S&ML: personnel on April 22, 2005, and Site Boundary Source: NC Onemap verified by the USACG on August 25, 2005. Scale: I inch equals 600 feet WRS, Inc. - HWY 87 JD FIGURE S Drawn by: JBP Wetlands & Waters of the U.S. Map Lee County, NC 3 Reviewed b : MLM = &ME Date: October, 2005 ENVIRONMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1588-05-030 e s e t s t 1 0 s .W.U- -c TABLE LNE LENGTH BEARING LT MO,7' N A' L3 "I" E 1 U 223 3a' S 1'NT' LI 39a, S 1 1' L5 19' S 5'1155' Le 52 49' 1 °Q ut WILSON ROAD z SR 1136 - 60' RIGHT-OF-WA ***CAUTION*** N.C. ONE CALL- UTILITY LOCATOR SEANCE J an vIRF Owwa GAL 1nL YPLE l-ew-An.Aa{ S HIGyw 421 VARIABLE ASHBY ROAD PN Po1hB1-IN1-00 N/T RUBY +UESDAY. INC. I _ D Ty RIGy T? OF_ D. BY104 WA Y ? i V)o O.L {]5?-WAS ?/ Vii. 1q / off. oon IT. WE S SCLIFT L 94 ACRES (DETAIL / 2) PIN IIM-07 "IM-00 O.L 7 1. Ir ^N m? a N 8758'34' W DET 11 NOT TO WETLANDS iqp \ V'- Z/ bY6 °PFM ji PN WI-67-M25-00 M W ELOVL q 7 q BL >1> VIP 7/P ' y OPEN lOP THAI Ll 007-31 RLI _ EP 1/T SN COX MADDOX ROAD ?I SR 1527 T. 60' RIGHT-OF-WAY -.. SA B E q P? IT. ?a 19 Ya ? a P ?f3+m P / 13 ?M1?pp7,J"'I' ? L a? ? l V r to ?.? E PT, 1(1? I ??? ? r q?. ? ? X13 PIN N -15- SANDERS 1 ?-< D.B. 0-517. 1 1 ,1 1 11 1 1 THIS CERTIFIES MAT THIS COPY OF TINTS PLAT ACCURATELY DEPICTS THE Bo DAFY OF ME LRSdcnoN OF sECRoN 1 ci PIE CLEAN WATER ACT PURSUANT TO DE 1987 CORPS OF ENGNEERS WETLANDS OELIWEA1 MANUAL AS DETERMINED BY THE UNCfR5O:E0 CH THIS DATE UNLESS THERE 5 A CHANGE N THE LAW OF OUR PUBLISNED REOMRONS, THIS DETERUNATION OF SECTION 501 J.RISOCMN YAY BE RELIED UPON FOR A PERIOD OF FIVE YEARS FRW THIS DATE. SIGNATURE OF U.S ARMY CORPS OF ENONECRS CEF10A1 OATS SG SGNANRE 1 - 1 1 1 1 1 1 \ 1 i ?rr / SITE v !9 VICtM MAP MOT TO SCALE) SLFr&yoas Kom; T) REFERENCE PLAT BY THOUAS E MATTNEBS FOR PROGRESSIVE CEVILOWANT, BAND 10^ ] AAD SURVEY FOR CHAO AOAAS PREPARED Ir BRA1011 AND ASSOCIATES. DATED WAY 71, 7000. 1) US PLAY HAS KEN PREPARED WITHOUT THE BENEFIT OF A "Tu NPINr AND COES -1 NECESZ 1 NOCATE ALL ENCNMURARES ON THE PROPERTY. 7) THI S PLAT K TO BE USED FOR WETLAND DEONATION PURPOSES ONLY MO IS NOT TO BE USED FOR TRIASSR OF PROPERTY DAIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4) IRE NIROVEYERTS SNOW HUREW SI STE PLAN WC MARON PER DMAWNG BY CRAY ENGNEE-Q NOTE: THE PTE PLAN, AS SHOWN ON TWS DRAWSNO, IS PRELIMINARY AND MAY CHANCE WORE THE COMMENCEMENT OF CONSTRUCTION ACNMTIES. HOWEVER, THE WETLAND DISTUR13ANCE MALL BE LDATED TO THE 0.19 ACRES SHOWN. RIN (,x Ow LEGEND HART 0 v IAxnN ARI Iw N PT tAUwuW PaI NOT FOR ?€COMATION FLOOD lIfOFAIATIM SAECT PROPER" TS NOT LWTED YTHN A OESGAT Fl. HAZARD AREA PER FIRM 37TOSCWP® DATED-. SEPT. B, IM LAND AREA W8,9" SOFT 5%02 ACHES i DETAIL If 3 NOT TO SCALE DfETI OFI 1 1 1 9 e a rig a a v a 16---- / p- / .Y I 77 I RETA- SHCPPNG CENTER C•195-SGL-OL E ?j =203.8!9 SF ? -1 I I I I I 0 1 1 // $,W lfi t0[ l l l l ll 1 1 1 1 1 1 J` OWNED E IIIII II I 111111 D HERS TORS I I I I I I I I 1 1 1 1 1 1 ?? ? l QQ 6Ff 1 1 1 1 1 1 1 1 1 1 1 1 l - E 3 e s p! ? p I 1 l ? I ---------------------------------- __________________ N HIGHWAY 87 H ORNER ROAD I!/ f'VAMAnE WIDTH RIGHT-OF-?'AY SPEED LIMIT 55 MPH rY (ASPHALT GOOD CONDITION) ,Gtl lli 3 .9l,?iL ------ ----- ----- TENANT AREA SF REQURED RATIO REOURED PARKING PARKING PROVOED RATIO PROVE RETAL 203,819 SF 5.0011000 1020 1031 5.06/1000 SHOPS 60.000 SF 5.0011000 300 310 5/7/1000 TOTAL 263,819 SF 5.00/1000 1320 1341 5.OM000 II I I I OUTLOT w I`IL flf I '--142 AC II I I II I II I II I y I I I ? ;la I e??o. JiEiE f t W ----------------- ------------- i' STCQMWATE2 MANAGEMENT FACILITY 1 / y?o 5? 511' 511 5? 1 OUTLOT u _ 1lli? =133 AC 1 1o U OUTLOTAC 1 VN I amor >~3 1 3123 AC OUTLOT =2 x33 AC 1 ,09'BL[ 7 ,llA??t 5 l ACREAGE SLVAARY 12ETAL !25.99 AC SHOPS =9,62 AC U44ISEABLE AREA !713 AC CUTLOTS `6.63 AC TOTAL '4937 AC t 1 il' per'" N VARIABLE /\ dd SP[ (ASHH, SITE PLAN REVISICN3 3Y DO NOT LEE ICQ (y Q Wz z0 U(y 0a? Q z u O tlUl Q z Wci U) U 00 0- LL nOn/ Z C' ((L7 ` LL / / auvn GE DAIS C"A X CF 6H75 I Photographs of Existing Site Conditions 1 Approximately 49-Acre Tract, Sanford, NC - S&ME Project No. 1588-05-030 .i k } '=}. $ ' , 1. Eastern Property Boundary-Photo taken by Melanie McKinney on October 26, 2005, facing northeast. i f l `? 3. Barns South of Isolated Wetland-Photo taken by Melanie McKinney on October 26, 2005, facing northeast. 2. View of Adjacent Property to the East-Photo taken by Bonnie Ware on July 25, 2005. facing east. 4. Fallow Field in Northern Portion of Property-Photo taken by Melanie McKinney on October 26, 2005, facing southeast. r rr ?r r? rr r r r r r r r women r Approximately 49-Acre Tract, Sanford, NC - S&ME Project No. 1588-05-030 r le- t r •- ?r r b r r ? ? Sy ?p?? f'? ? !t?`y 'Y :lid 'rrS 14 5. Soybean Field in Southern Half of Property-Photo taken by Melanie McKinney on October 26, 2005 facing southwest. ai ty: • ter, ? 6. View West of Isolated Wetland near Center of Property-Photo taken by Melanie McKinney on October 26. 2005, facing north. 8. Isolated Wetland-Photo taken by Melanie McKinney on October 26, 2005, facing northeast. 7. Isolated Wetland-Photo taken by Melanie McKinney on October 26, 2005, facing west. r? rr? r r rt r rr r¦? ? r r . rr r? ? ? rr wr rr Approximately 49-Acre Tract, Sanford, NC- S&ME Project No. 1588-05-030 10. Isolated NN etland-Photo taken by Melanie McKinney on October 26, 2005 facing southeast. ;.tl Ii h 1 L N iei% of \orthi?estern Portion of Property-.IUris?lictionul ??etlan?ls oro I0cated within forested area. Photo taken by Melanie McKinney on October 26, 2005 facing southwest. 9. Isolated Wetland-Photo taken by Melanie McKinney on October 26, 2005 facing southwest. 12. Jurisdictional Wetlands to be Impacted-Photo taken from northern portion of jurisdictional wetlands by Melanie McKinney on October 26, 2005 facing west. Approximately 49-Acre Tract, Sanford, NC - S&ME Project No. 1588-05-030 13. Jurisdictional Wetlands to be Impacted-Photo taken from northern porti jurisdictional wetlands by Melanie McKinney on October 26, 2005, facing southwest. 15. Jurisidictional Wetlands to be Impacted-Photo taken by Melanie McKinney on October 26, 2005 facing east. 14. Jurisdictional Wetlands to be Impacted-Photo taken by Melanie McKinney on October 26, 2005 facing northeast. 16. Pine Stand West of Jurisdictional Wetland-Photo taken by Melanie McKinney on October 26, 2005, facing west. = M! M == M r =!? M M== W M M Approximately 49-Acre Tract, Sanford, NC- S&ME Project No. 1588-05-030 17. Jurisdictional Wetlands to be Undisturbed by Project-Photo taken by Melanie 18. Jurisdictional Wetlands to be Undistrubed by Project-Photo taken by Melanie McKinney on October 26, 2005, facing west. McKinney on October 26, 2005, facing east. 1 1 1 9 e a rig a a v a 16---- / p- / .Y I 77 I RETA- SHCPPNG CENTER C•195-SGL-OL E ?j =203.8!9 SF ? -1 I I I I I 0 1 1 // $,W lfi t0[ l l l l ll 1 1 1 1 1 1 J` OWNED E IIIII II I 111111 D HERS TORS I I I I I I I I 1 1 1 1 1 1 ?? ? l QQ 6Ff 1 1 1 1 1 1 1 1 1 1 1 1 l - E 3 e s p! ? p I 1 l ? I ---------------------------------- __________________ N HIGHWAY 87 H ORNER ROAD I!/ f'VAMAnE WIDTH RIGHT-OF-?'AY SPEED LIMIT 55 MPH rY (ASPHALT GOOD CONDITION) ,Gtl lli 3 .9l,?iL ------ ----- ----- TENANT AREA SF REQURED RATIO REOURED PARKING PARKING PROVOED RATIO PROVE RETAL 203,819 SF 5.0011000 1020 1031 5.06/1000 SHOPS 60.000 SF 5.0011000 300 310 5/7/1000 TOTAL 263,819 SF 5.00/1000 1320 1341 5.OM000 II I I I OUTLOT w I`IL flf I '--142 AC II I I II I II I II I y I I I ? ;la I e??o. JiEiE f t W ----------------- ------------- i' STCQMWATE2 MANAGEMENT FACILITY 1 / y?o 5? 511' 511 5? 1 OUTLOT u _ 1lli? =133 AC 1 1o U OUTLOTAC 1 VN I amor >~3 1 3123 AC OUTLOT =2 x33 AC 1 ,09'BL[ 7 ,llA??t 5 l ACREAGE SLVAARY 12ETAL !25.99 AC SHOPS =9,62 AC U44ISEABLE AREA !713 AC CUTLOTS `6.63 AC TOTAL '4937 AC t 1 il' per'" N VARIABLE /\ dd SP[ (ASHH, SITE PLAN REVISICN3 3Y DO NOT LEE ICQ (y Q Wz z0 U(y 0a? Q z u O tlUl Q z Wci U) U 00 0- LL nOn/ Z C' ((L7 ` LL / / auvn GE DAIS C"A X CF 6H75 1 Preliminary Stormwater Quality Basin Drawing I Threatened and Endangered Species Technical Report THREATENED AND ENDANGERED SPECIES REPORT APPROXIMATELY 49-ACRE TRACT HWY 87 & WILSON ROAD SANFORD, NORTH CAROLINA S&ME PROJECT NO. 1588-05-030 11 Prepared For: Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, South Carolina 29804 Prepared By: S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 November 2005 n *S&ME November 10, 2005 U.S. Fish and Wildlife Service Raleigh Field Office 551 F Pylon Drive Raleigh, NC 27606 I Attention: Mr. David Rabon Reference: Threatened and Endangered Species Technical Report Approximately 49-Acre Tract Hwy 87 & Wilson Rd. - Sanford, NC S&ME Project No. 1588-05-030 Dear Mr. Rabon: S&ME, Inc. (S&ME) is pleased to submit this report on behalf of Sanford Retail Investment, LLC, detailing our threatened and endangered species survey for the approximately 49-acre tract located in Sanford, Lee County, North Carolina. This report and the field survey have been conducted pursuant to the proposed development of the site and is included in a North Carolina Division of Water Quality Individual Permit application for proposed impacts to isolated wetlands. The field survey did not reveal the presence of federally or state listed threatened or endangered species on this site. It is our opinion that the proposed development of the site will not impact the listed species for Lee County. No further study of the site is recommended at this time. Thank you in advance for your assistance with the project. If you have questions or comments in regards to this report, we may be reached at (800) 849-2985. Sincerely, S&ME, Inc. Melanie McKinney ? o Willcox, L.S.S. D Natural Resources Profession Natural Resources Department Manager S 7371,8 E, Inc. (336) 288-7180 Old Battleground Road (336) 288-8980 fax nsboro, North Carolina 27410 (800) 849-2985 www.smeinc.com 3.1 Threatened and Endangered Species Survey Results .........................................................7 4.0 References .............................................................................................................................10 List of Tables Table 1 U.S. Fish and Wildlife Service Listings of Federal Protected Species in Lee County Table 2 North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Lee County i Appendices 1. Figures ' if. Photographs I' Table of Contents Page 1.0 Introduction ............................................................................................................................1 1.1 Purpose ................................................................................................................................1 1.2 Data Review .........................................................................................................................2 1.3 Field Survey .........................................................................................................................2 2.0 Protected Species ...................................................................................................................3 2.1 Federal and State Listed Threatened and Endangered Species ...........................................4 3.0 Survey Results and Conclusions ............................................................................................7 i i Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract -Sanford, NC November 10, 2005 1.0 Introduction S&ME, Inc. (S&ME) has been contracted by Sanford Retail Investment LLC, to perform a threatened and endangered species survey on a proposed development site located in Lee County, North Carolina. The site evaluated is approximately 49 acres in size and located in Sanford, North Carolina, south of U.S. Highway 421 and west of State Highway 87 South (Figure 1). 1 1.1 Purpose 1 n. According to the U.S. Fish and Wildlife Service, the Cape Fear shiner (Notropis mekistocholas), the Red cockaded woodpecker (Picoides borealis), and Harperella (Ptilimnium nudosum) are listed as federal endangered species in Lee County, North Carolina. The North Carolina Natural Heritage Program lists the Cape Fear shiner, the Red cockaded woodpecker, and the Harperella as both federal and state endangered species. The Carolina Grass-of-parnassus (Parnassia caroliniana), the Sandhills Lily (Lilium pyrophilum), and the Georgia Indigo-bush (4morpha georgiana var Georgiana) are listed in the North Carolina Natural Heritage Program database as being state endangered, with the Georgia Indigo-bush designated as a federal species of concern. The Buttercup Phacelia (Phacelia covillei) and Bog spicebush (Lindera subcoriacea) have a state listing as threatened according to the North Carolina Natural Heritage Program and both have been designated as federal species of concern. The purpose of this study was to identify federal and state listed species in the proximity of the above referenced site, conduct a field survey for the presence or absence of suitable habitat for the identified species, and to form a professional opinion of the biological effects development of the site may have on listed species. C II t ri 0 Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford NC November 10, 2005 1.2 Data Review Information concerning the occurrence of federal and state protected species in the study area was gathered from the following sources: • U.S. Fish and Wildlife Services, list of species with federal designations of Endangered, Threatened, and Species of Concern website: (http://www.nc- es..f vs. gov/es/es.htm1) • US Fish and Wildlife Service (USFWS) species information website: (h ttp://endangered.fvs.gov/wildlife html) • North Carolina Natural Heritage Program, database of rare plant and animal species, natural communities and special animal habitats known to North Carolina (http://ils.une.edulparkprojectlnhplinfo.htm) 1.3 Field Survey On September 20, 2005, S&ME staff conducted a field survey to evaluate the property for the presence of suitable habitat for Lee County's federal and state listed threatened and endangered species. Photographs from this field survey are contained in Appendix II. The 49-acre site is dominated by no-till agricultural fields and is currently developed with two houses, a trailer, and several multiple use barns. The southern half of the property is used for soybean production and contains a farm road and several agricultural drainage ditches. The northern half of the property is dominated by a fallow farm field with Bermuda grass (Cynodon dactylon), Goldenrod (Solidago canadensis), and Dog fennel (Eupatorium capillifolium). These areas were not considered to be suitable habitat for protected species. Approximately 1.3 acres of jurisdictional wetlands were present within a forested area in the northwestern portion of the property as verified by the U.S. Army Corps of Engineers on August 25, 2005. The northern, narrower portion of the wetland was dominated by Chinese privet (Ligustrum sinense) and Red maple (Acer rubrum). Vegetation between the wetland corridor 2 11 J J Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford NC November 10, 2005 and agricultural field consisted of Chinese privet (Ligustrum sinense) and Multiflora rose (Rosa multiflora). The wetland was bordered to the west by a moderately dense stand of Loblolly pine (Pinus taeda). A forested area within the center of the property was observed with an approximately 1 acre isolated wetland feature. This feature was verified by the U.S. Army Corps of Engineers on August 25, 2005. The wetland canopy consisted of Red maple (Acer rubrum) and Sweet gum (Liquidambar styraciflua). Vegetation between the wetland corridor and agricultural field included Switch cane (Arundinaria gigantea) and Chinese privet (Ligustrum sinense). 2.0 Protected Species Species with the federal status of Endangered (E), Threatened (T), are protected under provisions of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543). This act requires that any action likely to affect a species classified as federally protected, be subject to review by the U.S. Fish and Wildlife Service (USFWS). Species with state designations Endangered (E) or Threatened (T) are granted protection by the North Carolina General Statute 113-331 et seq. 106-202.12. Legal protection under North Carolina law regulates the possession, propagation, or sale of any federal or state listed Threatened or Endangered fish or wildlife species. 2.1 Federal and State Listed Threatened and Endangered Species As shown in Table 1 for Lee County, North Carolina there are three species listed with a federal status of endangered, and five species listed as federal species of concern according to the U.S. Fish and Wildlife Service website (http://nc-es f vs.govlesles.html), accessed September 20, 2005. The North Carolina Natural Heritage Program website was accessed to search for North Carolina's rare plant and animal species, natural communities, and special animal habitats. Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximatelv 49 Acre Tract - Sanford NC November 10, 2005 Results of this search for Lee County, North Carolina are listed in Table 2. Six species are listed with a state status of endangered, and two species are listed as state threatened according to the North Carolina Natural Heritage website database (http://ils.unc.edulparkprojectlnhplinfo,htm). Table 1 US Fish and Wildlife Service Listings of Federal Protected Species in Lee County Common Name Scientific Name Federal Status Cape Fear shiner Notro is mekistocholas E Red-cockaded woodpecker Picoides borealis E H ella Ptilimnium nudosum E "Carolina" redhorse Moxostoma s p. FSC Robust redhorse Moxostoma robustum FSC Bo s icebush Lindera subcoriacea FSC Buttercup hacelia Phacelia covillei FSC Georgia indigo-bush Amorpha Georgiana var.georgiana FSC Sandhills bog lily Lilium iridollae FSC Protection Status E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: Species of Concern - A taxon that may or may not be listed in the future . -, U/{u - uuuJe liyurmaitun oervice weosue. Aceessea Jeptember 2U, 2UUS. http://nc- es. vs. ov/es/es.html. Table 2 North Carolina Natural Heritage Program Listings of Federal and State Protected Species in Lee County Common Name Scientific Name Federal Status State Status Cape Fear shiner Notro is mekistocholas E E Red-cockaded woodpecker Picoides borealis E E H erella Ptilimnium nodosum E E -Georgia Indigo-bush Amor ha eor iana var eor iana FSC E Sandhills Lily Lilium ro hilum --- E Bo S icebush Lindera subcoriacea FSC T Carolina Grass-of- arnassus Parnassia caroliniana E Buttercup Phacelia Phacelia covillei FSC T Protection Status E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future FSC: S ecies of Concern - A taxon that may or may not be listed in the future not a legal status) - ?•?•-•••?••••-s'• ?s•u,,, rv--,tG.l1GGGJJCUoeplemoerLU,ww.nrrpairts.unc.eauiparkproject/hhp/info.htm. 4 i r. [1 u n H 0 E Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford, NC November 10, 2005 Cape Fear Shiner (Notropis mekistocholas) - Endangered The Cape Fear shiner is a small, yellow bodied minnow with a black band along its sides, endemic to the upper Cape Fear River Basin. Streams with gravel, cobble, and boulder substrates having slow pools, riffles, and slow runs may be used for habitat. During the months of May through July, the Cape Fear shiner uses slow pools to lay eggs on stream beds with rocky substrates. Young fish utilize slack water in midstream of channels with large rock outcrops and flooded side channels and pools. Habitats may include water willow (Justicia Americana) which provide protection from predators. Red-cockaded woodpecker (Picoides borealis) - Endangered The red-cockaded woodpecker relies upon stands of large, live pine trees, typically 60 years of age or older. Southern pines such as the Longleaf pine (Pinus palustris) and Loblolly pine (Pinus taeda) are used by the species to develop nesting and roosting cavities. Foraging habitats include stands of pines and pine/hardwood mixes that are 30 years or more in age and the birds prefer trees that are 10 inches in diameter or larger. An adequate foraging habitat may be provided by 80 to 125 acres. Harperella - (Ptilimnium nodosum) - Endangered Harperella is an annual herb that reaches heights of 6 to 36 inches with hollow, pointy leaves, and small white flowers, similar to those found on Queen Anne's lace (Daucus carota). One known population of this plant has been found in Chatham and Granville Counties, however, species may occur in similar habitats in other counties. Habitat requirements include gravelly or rocky shoals along swift flowing streams, or edges of intermittent ponds among pines in the coastal plain. Georgia Indigo-bush - (Amorpha Georgiana var. georgiana) - State Endangered, FSC The Georgia indigo-bush is a low shrub, less than one meter in height that produces reddish purple flowers. Its habitat is restricted to river terraces where prescribed fires or other disturbances such as periodic mowing produce areas free of competition from other shrubs or trees. 5 P J 0 L Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford NC November 10, 2005 Sandhills Lily - (Lilium pyrophilum) - State Endangered The Sandhills Lily is a perennial herb that may be found in longleaf ecosystems with zones between longleaf pine uplands and wetlands that border streamheads. Prescribed fire or periodic mowing of right-of-ways is important to this species, due to the creation of areas free of competition from other herbs or shrubs. This species produces yellow-orange to orange flowers between late July and mid August with six petals that are curved backward. The use of herbicides may be detrimental to this plant. Bog Spicebush - (Lindera subcoriacea) - State Threatened, FSC The Bog spicebush is a multi-stemmed deciduous shrub reaching 1 to 2 meters in height with bluish green upper leaves and hairy, pale green lower leaves. Small, yellow flowers in clusters of three or four appear in early spring. Habitat requirements include moist to wet, shrub dominated wetlands with mucky peat. The bog spicebush has been found in wetlands bordering headwater streams. Carolina Grass-of-parnassus - (Parnassia caroliniana) - State Endangered The Carolina Grass-of-parnassus is a perennial herb that relies on moist to wet soils in areas where periodic disturbances such as prescribed fires or mowing have created a habitat free of competition from shrubs and trees. The Carolina Grass-of-parnassus produces a flower with five white petals. Buttercup Phacelia - (Phacelia covillei) - State Threatened, FSC The Buttercup phacelia is an herbaceous plant that has been found in riverine forests or on floodplains adjacent to forests. This species requires a well lit forest understory and produces cup shaped flowers in mid to late spring. Flowers have five petals and range in color from light blue to purple. 6 Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford NC November 10 ---- 3.0 Survey Results and Conclusions The approximately 49 acre property was reviewed during a field survey to evaluate its habitat suitability for Lee County's federal and state endangered and threatened species. The conclusions of this survey are based solely on our data review and the findings from our field I survey. 3.1 Threatened and Endangered Species Survey Results ' CAPE FEAR SHINER (Xotropis mekistocholas) Biological Conclusions NO EFFECT During the field survey, no streams were observed within the property boundaries and no individuals of this species were observed at the time of the site visit. The proposed project is not ' expected to impact streams in Lee County and should not impact the Cape Fear shiner or its habitat. RED-COCKADED WOODPECKER (Picoides borealis) Biological Conclusions NO EFFECT n L n The Red-cockaded woodpecker depends on large tracts of old, live pine stands for nesting, and foraging stands with tree diameters of 10 inches or larger. During the field survey a stand of loblolly pines with tree diameters of approximately 4-6 inches contributed to an estimated 3 acres of the total property's acreage. The proposed project is not expected to impact large tracts of old, live, pine stands in Lee County, and should not impact the Red-cockaded woodpecker or its habitat. HARPERELLA - (Ptilimnium nodosum) Biological Conclusions NO EFFECT The Harperella requires flowing streams with rocky shoals, or intermittent ponds within pine stands. During the field survey no streams or intermittent ponds were observed within the property boundaries and no individuals of this species were observed _at the time of the site visit. 7 r 0 r Threatened and Endangered Species Report S&ME Project No. 1588-05-030 AUtnroximately 49 Acre Tract - Sanford NC November 10 ---- The proposed project is not expected to impact streams or intermittent ponds in Lee County and should not impact Harperella or its habitat. GEORGIA INDIGO-BUSH - (Amorpha Georgiana var. georgiana) Biological Conclusions NO EFFECT The Georgia Indigo-bush may be found on river terraces where periodic disturbances from prescribed fires or mowing of right-of-ways have created less competition from other shrubs and trees. The proposed project is not expected to impact river terraces or open areas that were created by mowed right-of-ways or prescribed fires and should not impact the Georgia Indigo- bush or its habitat. SANDHILLS LILY - (Lilium pyrophilum) Biological Conclusions NO EFFECT During the field survey no mowed right-of-ways or open areas from prescribed fires were observed. An estimated three acres of the property contained a stand of young, loblolly pines with minimal understory vegetation. The proposed project is not expected to impact open areas within long-leaf ecosystems that were created by prescribed fires or right-of-ways and should not impact Sandhills lily or its habitat. BOG SPICEBUSH - (Lindera subcoriacea) Biological Conclusions NO EFFECT During the field survey no shrub dominated wetlands with predominately mucky peat soils were observed. Forested wetlands were observed onsite and verified by the U.S. Army Corps of Engineers on August 25, 2005. The proposed project is not expected to impact shrub dominated wetlands with mucky peat soils in Lee County and should not impact the Bog spicebush or its habitat. Threatened and Endangered Species Report S&ME Project No. 1588-05-030 Approximately 49 Acre Tract - Sanford NC November 10, 2005 CAROLINA GRASS-OF-PARNASSUS - (Parnassia caroliniana I Biological Conclusions 11 NO EFFECT During the field survey no mowed right-of-ways or open areas from prescribed fires were observed. An estimated three acres of the property contained a stand of young, loblolly pines with minimal understory vegetation. The proposed project is not expected to impact open areas within long-leaf ecosystems that were created by prescribed fires or right-of-ways and should not impact Carolina Grass-of-parnassus or its habitat. BUTTERCUP PHACELIA - (Phacelia covillei) Biological Conclusions 1 FJ NO EFFECT During the field survey no individuals of the species were observed. The proposed project is not expected to impact riverine forests or floodplains adjacent to forests in Lee County and should not impact the Buttercup phacelia or its habitat. 4.0 REFERENCES North Carolina Natural Heritage Program Website. Accessed September 20, 2005. http://ils.unc.edu/parki)roiect/nhv/info.htm United States Fish and Wildlife Service, North Carolina Ecological Services Website. Accessed September 20, 2005. http://nc-es.fws,goy/es/es.html United States Fish and Wildlife Service (USFWS) Website. Accessed September 20, 2005. http://endangered.fws.gov/wildlife.html ?r7 II t t t 1 Ll 1 FIGURES I N ?a v W E SR#1404 n yG rU S Riddle Rd y? oG may) ? O? °? dle Lick Creek Rd X44 a NP:?, Bums Dr g? A ?Pr? ?4 oncue e !?°' ?r v°?et 3 ? San-Lee $ v, E Vyeatherspoon St ,? SAZ'gLo Ch?lotte pave Carbonton Rd, e$? LA pumping Station Rd a6 w Clearwater Dr s 4e q Wicker St 3fa ?S v S ? ? Leo Wicker St y S? sf ti19 P ° a ?"r8 to ^k'e 3 R Fields Dr oodla 0 u d as O Rice Rd 0,' PLO, u' cJ? Ra ro.? v G2Sd , arkeys ? atngt ProaduaYRd 9t°aa?a`] N Lq4 ?? ? t °-h o ti? v 0b rGy ° ?Pf?L SITE a John Rosser Rd w ?, CU ? n Gv, a la ?'o 43- 4 ? a o I a9 2 -t tp ?? Staff `i ad00 2 .p ?e ?t't7 ? ,ti d ? d O? d?O 9 ? ? O• oO 'off, fed ? ?i a 4F Hickory House Rd o4 0 G0+ ett Rd 6 H N 9y? Joe Mat Smith Rd v° zro thews Rd # a Goa 3 a N W Scale: I inch equals 1 mile WRS, Inc. - HWY 87 JD FIGURE Drawn by: JBP Vicinity Map Reviewed b : MLM Lee County, NC 1 Date: October, 2005 ENVIRONMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1588-05-030 't• •? © O t . SITE • 400 it h 42 US=4211 9 it f -? w w w Cox •Madd'oz A 15 00 i .? _ • C ?•..• , ? c11yd M R k 400 u: . Scale: 1 inch equals 1,000 feet WRS, Inc. - HWY 87 JD FIGURE Drawn b : JBP USGS Topography Map Reviewed b : MLM = Lee County, NC 2 Date: October, 2005 ENVIRONMENTAL SERVICES • ENGINEERING • TESTING S&ME Project #1588-05-030 F got* 1 .i t -1 it 1 MAL I ??r p Legend JD Flag Locations ',otc Wetlands delineated by S&M6 personnel on April 22, 2005, and Site Boundary Fuurcc A'C (hi?nuyi verified by the USACG on August 25, 2005. • t. Scale: 1 inch equals 600 feet WRS, Inc. - HWY 87 JD FIGURE Drawn by: JBP Wetlands & Waters of the U.S. Map Lee County, NC 3 Reviewed b : MLM S,&ME Date: October. 2005 ENMRONNIENIAL SERVICES • EWu INFFRIN,_ • -ESnr?c S&ME Project 41588-05-030 i PHOTOGRAPHS 0 0 N N N .D O U C O T U C C rrU .G U ro U T C U O O a C cC d 3 n o .? •V ? 'O pp C •L U 7 "7 w N O w ?n 0 0 N N L U p O U C O U ? C U C $ U O _N to U ? ,ro T T ? ? O O C O O P. O CL ^o ? d ? 3 3 3 N ro s C O C G w C O T U C C cU G y ro U T C ro O O G 'O C :Q :J S C O U L ? 7 .C V O ? O V 3 rq C C.J :Q L ? o C U c. o M C) a O 00 x 0 T U T c 1 0 O 0. 7E 0 c r L .t. w t: C O R cq u U 3 w a o R ? N ... N w O ? 3 0 U >C I'D A T 0 0 a L u _ C O N L U c 3 w cn o c C c? O L ? O ? G ? N L ? ? N n s. u ?U 3 ? C U :a C C O LL T C U R O u .C ? x T cU ? G 06 'J G T C U O C L 0. R O j If) T L u G L ? G ? O ? O U O R a+ 4. •L ,n O ? co C N L V ? t N 7 ? O ? C V u ? o C U R O u .? L x 7' U V: it Cultural Resources Report rac Customer-Focused Solutions i October 27, 2005 Ms. Melanie McKinney S&ME Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 Subject: Phase IA Cultural Resources Reconnaissance Study for Proposed Shopping Center in Lee County, North Carolina Dear Ms. McKinney: ' On October 26, 2005, TRC Garrow Associates Inc. (TRC) conducted a limited surface inspection of an approximately 45 acre tract near Jonesboro Heights, North Carolina for proposed retail development ' (Figure 1). The inspection focused on undisturbed areas and standing structures within the project area and architectural resources older than 50 years in age located within or immediately adjacent to the project area. The project area is bordered by NC 87 on the east, Wilson Road on the north and northwest, ' and agricultural fields to the west and south. Literature Review ' Prior to fieldwork, background research was conducted at the North Carolina Office of State Archaeology (OSA), the North Carolina State Archives, and the North Carolina State Historic Preservation Office. This research included examination of archaeological sites, structures, and National Register of Historic Places (NRHP) files, cemetery survey records, and cultural resource reports. The background research gathered information concerning the presence of known archaeological sites, historic structures or cemeteries, or potential sites on or in close proximity to the project area. ' No archaeological sites or historic structures were previously documented on the project tract. Twenty- three archaeological sites are recorded within one mile of the project area: 31LE1, 31L.E5, 31L.E16, 31LE34, 31LE35, 31LE36, 31LE37, 31LE95, 31LE96, 31LE97, 31LE98, 31LE99, 31LE100, 31LE101, 31L.E102, 31L.E103, 31L.E104, 31LE105, 31L.E106, 3IL.E107, 31L.E108, 31L.E109, and 31LE110. None of the sites were found to be eligible for preservation after evaluation. One historic structure, the McIver Faulk House, that was located within one mile of the project tract was determined eligible for the NRHP. It has since been moved to an unknown location. Archaeological Reconnaissance On October 26, 2005, a cultural resources reconnaissance survey was conducted on the .proposed shopping center tract by Tracy Martin, TRC Archaeologist. The survey consisted of a limited surface ' inspection of those portions of the project area that were not disturbed. No subsurface investigation was conducted and no artifacts were collected. The goal of this investigation was to document and characterize the above-ground and obvious disturbances and to attempt to locate undisturbed areas within the project area if they existed. Notes were kept in a field journal and general views of the project area were taken with a digital camera. 50101 Governors Drive, Suite 250 • Chapel Hill, North Carolina 27515 Telephone 919-530-8446 • Fax 919-530-8525 J ' The survey area is approximately 45 acres. The northwest portion of the project area consists of a moderately disturbed agricultural field with no surface visibility (Figure 2). To the east there is a lightly ' disturbed forested area with 20% to 40% surface visibility. Further east is another moderately disturbed agricultural field which runs the length of the project area. Surface visibility in this area is between 0% and 5%. On the eastern side of the project area is a small disturbed developed area containing a brick ' house to the north and a trailer to the south (Figure 3). To the south of the trailer is an old wooden shed. Further south along the eastern edge is a small fairly undisturbed wooded area with surface visibility between 40% to 50%. To the south of the wooded area is an old farm house with six outbuildings (Figure 4). Moderately disturbed agricultural fields continue into the southern and southeastern portions of the project area (Figure 5). Visibility in this field was approximately 70%n to 80% and small amounts of quartz shatter were observed localized to the southwest. Summary and Assessment of Effects, No previously recorded archaeological sites or architectural resources are located within or immediately ' adjacent to the project tract. The eastern portion is highly disturbed from a recent housing development. Much of the area is lightly to moderately disturbed due to agricultural use of the land; however, the potential exists for intact prehistoric and historic archaeological deposits to be present in the undisturbed portions of the tract. ' Sincerely, lac? ' Tracy Martin Archaeologist TRc Customer-Focused Solutions contour interval = 10 feet 0 mile 0.5 0 feet 2000 North 0 kilometer 0.5 Map source: Sanford, NC USGS Quadrangle, 7.5 minute Figure 1. Location of Study Area. 3 d Y+', F • k T RJ I f - - _ Figure 3. View of Brick House along Eastern Edge of Tract. 4 c..?, .fir • *°C;? e 5 r igui e +. v iew of r arm House on Eastern Edge of Tract. r-d?jj stem Ems PROGRAM Melanie McKinney S&ME, Inc. 3718 Old Battleground Avenue Greensboro, NC 27410 Project: Proposed Retail Site November 30, 2005 County: Lee The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Cape Fear 0.5 1.5 0 0.11 0 0 0 0 03030004 Upon receipt of payment, EEP will take responsibility for providing the. compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at (919) 733-5205. incerely, "N. IN tlliam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File R.P.stodktg... M ... Protect' Oar Stag O-pV North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net ?0'1 ' `qQ Michael F. Easley, Governor . William G. Ross Jr., Secretary Cl) ?-- North Carolina Department of Environment and Natural Resources p `C Alan W. Klimek, P.E. Director Division of Water Quality November 22, 2005 DWQ Project # 05-2062 Lee County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Jim Price Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, SC 29804 Subject Property: Sanford Retail Site Ut to Upper Little River [030613, 18-20-(1), B) REQUEST FOR MORE INFORMATION Dear Mr. Price: On November 15, 2005, the Division of Water Quality (DWQ) received your application dated November 11, 2005, to impact 1.67 acres of wetland to construct the proposed 203,819 square foot retail facility. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by,15A NCAC 211.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please submit a written analysis of the cumulative impact of this project. Please consult DWQ for a copy of the most recent cumulative impact guidance. 2. Please be aware that the 401 Certification and isolated wetland rules require 2:1 mitigation rather than 1:1. Also, please provide written confirmation from EEP concerning their willingness to .provide this mitigation. 3. The stormwater design for this project must: 1.) Be designed to discharge into the uppermost end of the remaining wetland, and; 2.) Not be designed to short circuit the stormwater (the preliminary design appears to have this problem). Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz of the DWQ Raleigh Regional Office, If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htt://h2o.enr.state.nc.us/ncwetlands None Carolina molly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper Sanford Retail Investment, LLC Page 2 of 2 November 22, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyn?i Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Melanie McKinney, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 052060SanfordRetaUSite(Lee)On_Hold o? wH rf9 c '4QG ? r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 22, 2005 DWQ Project # 05-2062 Lee County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Jim Price Sanford Retail Investment, LLC 2361 South Centennial Avenue Aiken, SC 29804 Subject Property: Sanford Retail Site Ut to Upper Little River [030613, 18-20-(1), B] REQUEST FOR MORE INFORMATION Dear Mr. Price: On November 15, 2005, the Division of Water Quality (DWQ) received your application dated November 11, 2005, to impact 1.67 acres of wetland to construct the proposed 203,819 square foot retail facility. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to. impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please submit a written analysis of the cumulative impact of this project. Please consult DWQ for a copy of the most recent cumulative impact guidance. 2. Please be aware that the 401 Certification and isolated wetland rules require 2:1 mitigation rather than 1:1. Also, please provide written confirmation from EEP concerning their willingness to provide this mitigation. 3. The stormwater design for this project must: 1.) Be designed to discharge into the uppermost end of the remaining wetland, and; 2.) Not be designed to short circuit the stormwater (the preliminary design appears to have this problem). Please respond within three weeks of the date of this letter by sending this information to me in writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands None thlCaroina tA(MAy An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper Sanford Retail Investment, LLC ' Page 2 of 2 November 22, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. 'Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Melanie McKinney, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Filename: 052060SanfordRetaUSite(Lee)On_Hold Subject: DWQ # 05-2062 Sanford Retail Site From: Laurie Dennison Qaurie.j.dennison@ncmail.net> Date: Tue, 22 Nov 2005 11:43:44 -0500 To: mmckinney@smeinc.com CC: jprice@wrsrealty.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 052062SanfordRetailSite(Lee)On_Hold.docContent-Type: application/msword Content-Encoding: base64 11/22/2005 11:44 AM r S&ME December 13, 2005 North Carolina Division of Water Quality 401 [Wetlands Unit 2321 Crabtree Boulevard Raleigh, North Carolina 27604 B DEC 1 4 2005 DENR - WATER CUP LI i Y vjj E-111! s DS K NO ST0; el.Mi'A?ER BPI'44'UH Attention: Ms. Cyndi Karoly Reference: RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION DWQ Project # 05-2062 Sanford Retail Site Lee County, NC S&ME Project No. 1588-05-030 Dear Ms. Karoly: S&ME, Inc. (S&ME) would like to submit on behalf of Sanford Retail Investment, LLC a response to your letter request for more information dated November 22, 2005. Additional Information Requested: 1. A written analysis of the cumulative impact of this project is included in this letter. 2. EEP Letter of Acceptance (attached) 3. Revised Stormwater Design Plan (attached) SWE, Inc. (336) 288-7180 3718 Old Battleground Road (336) 288-8980 fax Greensboro, North Carolina 27410 (800) 849-2985 www.smeinc.com Response to Request for Additional Information S&ME Project No. 1588-05-030 DWO Project #05-2062 December 13, 2005 Cumulative Impacts Analysis Based on a discussion between Melanie McKinney with S&ME and John Dorney with the North Carolina Division of Water Quality and the guidance document provided to Ms. McKinney from Mr. Dorney, it is our understanding that a written cumulative impacts analysis is needed to address potential impacts on downstream water quality. Cumulative impacts are defined as "environmental impacts resulting from incremental effects of an activity when added to other past, present, and reasonably foreseeable future activities regardless of what entities undertake such actions" (NCAC 1A, 15A). Potential for Growth The proposed retail center site is located southwest of the intersection of Highway 421 and State Highway 87. Major road improvements to reach the goals of this project are limited to the widening of Wilson Road and' construction of new traffic signals and turning lanes. This project is not expected to provide access to otherwise undeveloped property, given that downstream undeveloped property is currently accessed by the existing four lanes of Highway 87. Downstream Water Qualm Water quality classifications for the site and its downstream water bodies include Class B and Class C waters. A Class B water is best utilized for primary recreation such as frequent or organized swimming and these waters should meet water quality standards for outdoor bathing activities. A Class C water is best utilized by aquatic life, wildlife, secondary recreation such as fishing, and agriculture. Class C waters may not be used for primary recreation such as swimming or as a water supply source for drinking water or food processing. No HQW (High Quality Waters), ORW (Outstanding Resource Waters), water supply waters (WS-IV), Impaired Waters (303 (d) listed), SA (Commercial Shellfishing), or Trout waters appeared downstream of the project and it is unlikely that development of otherwise undeveloped downstream property would affect specially designated waters in Lee County. 2 Response to Request for Additional Information S&ME Project No. 1588-05-03,0 DWQ Project #05-2062 December 13, 2005 Aquatic Endangered Species According to the U.S. Fish and Wildlife Service's online database (hyp://www.nc- es fivs.gov/es/es.html) accessed December 8, 2005, the Cape Fear shiner (Notropis mekistocholas) is the only listed aquatic endangered species for Lee County, North Carolina. Critical habitat for the Cape Fear shiner is located in Chatham County, North Carolina. The Cape Fear shiner was not listed for the "Sanford" USGS Quad or the "Broadway" USGS Quad on the North Carolina Natural Heritage Program online database quad search (http //ils unc edu/parkproject/nhp/in o htm accessed December 8, 2005). The proposed project is not expected to impact endangered aquatic species and it is unlikely, based on a review of the U.S. Fish and Wildlife Service and Natural Heritage Program databases that future development of otherwise undeveloped downstream property would affect Cape Fear shiner habitat in Lee County. Stormwater Management A revised Grading/Stormwater Management Plan drawing is attached and has been redesigned to discharge into the center section of the onsite wetlands. The site is limited by a higher gradient in the uppermost portion of the onsite wetlands, and discharging stormwater into this area would require extensive engineering. The site's gradient allows stormwater to be discharged adequately into the center section of the wetlands, to prevent the bypassing of portions of the wetlands and allowing greater treatment. Stormwater from an ephemeral feature at Wilson Road is proposed to be piped onto the property to provide adequate water to the uppermost portion of the onsite wetlands. A wet detention pond is planned for the retail site with greater than 85% of Total Suspended Solids reduction to improve water quality. Although stormwater design for the project has been revised, proposed impacts to the onsite wetlands has remained consistent with acreages listed in the Individual and Nationwide 39/Nationwide 18 Permit Application submittal dated November 11, 2005. 3 Response to Request for Additional Information S&ME Project No. 1588-05-030 DWQ Project #05-2062 December 13, 2005 Existing Stormwater Programs The City of Sanford, located within the Cape Fear River Basin, refers developers to the best management practices for Stormwater Management established by the Division of Water Quality. The City of Sanford anticipates involvement in the Phase II NPDES Stormwater Permit Program and future implementation of local government measures associated with the permit program. Conclusions Major road improvements are not planned for the proposed retail center and the project is not anticipated to bring access to otherwise undeveloped property downstream, given downstream property's current access to four lane Highway 87. Based on a review of stream classifications of downstream waters, it is unlikely that the proposed project or development of otherwise undeveloped property downstream of the project will result in impacts to High Quality Waters, Outstanding Resource Waters, Impaired waters, or water supply waters in Lee County. Based on a review of USFWS and NCNHP online database searches, it is unlikely that endangered aquatic species of Lee County will be impacted by the proposed retail center or development of otherwise undeveloped property downstream of the project. The stormwater management plan for the proposed retail center will follow guidance in the State Stormwater Management Best Management Practices including greater than 85% total suspended solids reduction using a wet detension basin. The City of Sanford currently refers developers to the state best management practices for the watershed. With best management practices in place for the project site, an existing state guidance manual for stormwater BMP's in North Carolina, and the City of Sanford's anticipated involvement with the Phase II NPDES Stormwater Permit Program, future development of otherwise undeveloped property downstream of the project, is unlikely to create cumulative impacts. 4 Response to Request for Additional Information S&ME Project No. 1588-05-030 DWO Project #05-2062 December 13, 2005 The proposed retail center may induce growth in its surrounding areas, however, after reviewing aquatic endangered species, stream classifications, and current state stormwater management programs, the project is unlikely to create cumulative impacts associated with the development of otherwise undeveloped property downstream. Sincerely, S&ME, Inc. 71ytdA41'& f4' Melanie McKinney Natural Resources Profession Bill Noel, R.F. Senior Ecologist Attachments: EEP Letter of Acceptance Revised Stormwater Design Plan NCDWQ Letter Request for Additional Information cc: Mr. Jim Price, WRS, Inc. Eric Kulz, DWQ Raleigh Regulatory Field Office 5 ~~~CAUTION~~~ )N~~~ ~ u.s. azI WETLAND LINE TABLE BOUNDARY LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING N.C. ONE CALL' U11lJTY LOCATOR SERA ~9 3 LOCATOR SERVICE Po II W8 E L1 160.75 N 56'26 38 E 15.17 S 38°03 29 ~,o ~ : . rn ~ ~ W9 44,01' S 08'46'49" E L2 71,55° S 75'42'03" E \ 3 DAYS BEFORE DIGGING CALL IGGING CALL ~ ~ ~ a o -632-4949 3 3 SITE ~J ' L3 36'31'41" E ~ TOLL FREE 1-800-632-4949 W10 16.88 S 7755 21 W 228,38 S web COX MADDOX ROAD W11 22.49' S 25'38'32° E L4 3,98' S 34'22'57" E \ A ONE CAII 5YS1EM FOR COMMUNITY AND ,~TB SAFE UNITY AND ,~TB SAFETY. DETAIL # ~ ~Z r. ~ y W12 13.20' S 48'54'22" W L5 298.49' S 28'44'55" E oD : ~ 0h ' o ~ W13 33.30' S 10'49'53" W L6 59.49' S 87`54'32" E W14 39.58' S 68'14'53" W ~ ~ ~ cautroN NOT TO SCALE 3 ~ a ~ ° ~ ~g ~ W15 30.80' N 76'OD'4J" W ~ THE UNDERGROUND U11LI71ES SHOwN HAVE BEEN LOCATED ti Wg o N HAVE BEEN LOCATED L ~ 3 W16 50,89' S 38'32 41" W FRgA FIELD SURVEY MFDRMA110N AND EXISTAdG DRAVANCS, 1NE SURVEYOR MAI(ES NO GUARANTEE 7NAT 1NE UNDERgigll AND EXISTAdG DRAVANCS. ry THAT THE IR1pERCR0UN0 W17 1' 2'06" W ~ , ~ ununES sHO~ coMPmsE Au sua+ umn~s IN THE AREa 44,12 S 6 5 f EITHER IN SERVICE OR ABANDONED, THE SURVEYDR FURTHER D( I UTILITIES IN 1HE AREA, ~ w9 _ 0. SURVEYOR FURTHER DOES W18 47. S 29'42 O4 W _ NOT WARRANT THAT THE UNDERGROUND VTILi11ES SHOWN ARE 6D THE EXACT LOCATION INDICATED, ALTHOIH;fi HE DOES CER16Y 1 D UTILinES SHOwN ARE IN ~ 3 UGH HE DOES CERTR'Y THAT POSSIBLE FRO" I"FOR"AnoN 5 VICINITY MAP f NOT TO SCALE} W19 32.54' S 20'24 23 W , , ' THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORM I AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED if W20 32,97 S 23'43'44" W I ~ uNOERC~ouND ununEa PHYSICALLY LOCATED THE ~ ` nrnEa ~ _ _ _ W~p3 W21 30.19' S 38'26'36" W ~ _ ro _ W22 45.56 S 16'21'31" W ~ , = . 3 0u~ ~ ~ - W23 39.70' S 43 30'37" W ~ ~ x ~ ~ ' ~ ~ , W24 55.42' S 55'32'48" W ~ ~ ~ ~ a ~ SURVEYOR S NOTES . W25 30.26' S 5$'54'33" W ~ ' , /~i W26 24.93' S 40'47 05" W - " ~ .'N ' 1) REFERENCE PLAT BY THOMAS J, MATTHEWS FOR W27 N T 8'18" W ~ ~ 15.37 8 2 ~ oar ~~b 3`~.... ' . PROGRESSIVE DEVELOPMANT, DATED 10/12/2000 AND W28 28.33' S 52'22'06" W SURVEY FOR CHAD ADAM5 PREPARED BY BRAKEN AND o ~,~0. ASSOCIATES, DATED MAY 24, 2000. W29 7.9 ' N 34'45'21" E PIN 9661-07-9708-00 ~ 1 3 N/F RUBY TUESDAY, INC. 3 W30 44.66' N 20'51'24" E _ 1 4 c~ - D. B, 783 0 P T~ , ` 2) THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT ~i . OF A TITLE REPORT AND DOES NOT NECESSARILY W31 31.73 N 42'46 36 E - ~ i ? PT ~ W32 23.38' N 02'38 39 W ~ ~ ~ ~ C'~ ~ INDICATE ALL ENCUMBRANCES ON THE PROPERTY, W33 4' N 5'38'05" E ~ ~ ~ ~ 20.1 3 EIP'1" ro.. ~ n. 3) THIS PLAT IS TO BE USED FOR WETLAND DELINIATION „ ~s~ r W34 37.33' N 3714'30 W SQUD ~ l/' PURPOSES ONLY AND IS NOT TO BE USED FOR TRANSFER W35 30.53' N 06'42'05" W i W77 OF PROPERTY. THIS SURVEY DOES NOT CONSTITUTE A ' ~ ~ W36 45,44 N 12'35 51 E ~ BOUNDARY SURVEY. W37 1 '41' " W ~ ~ ~ EAR 1 38.01 N 6 29 W38 32.42' N 25'29'12" E SOL1~ ~ I~ _ ~ 4) NO IMPROVEMENTS SHOWN HEREON. W39 30.14 N 45 25'02" E ~ ~ Oh f A d, W40 48.55' N 44'08'10" E ~ ~S ~ 5 SITE PLAN INFORMATION PER DRAWING BY GRAY 3 y~ ) ENGINEERING. ~ , ~ W41 30.93' N 78'1 O'39" E / ' IP 1 SOLID = ~ u'' - ~ / 0~` ~ - .A ~ ~r. ~ : ~ ~ W42 65,50' N 35'36'51" E •A 280.3' - P 3/4~ ~ ~ i n 3 o W43 39.58' N 14'01'15" E / ` ~g OPEN ~ ~ t'• ~ PIN i- - - " _ ~ _ ~P ~ ~ 966 07 3225 00 W44 27.93' N 26'00'30 E ! , ;1 ~ ~~s N/F TRUELOVE 3 W45 17.60' S 30'54'34" E _ _ os ~°s ~ ~ ~ D,B, 513-119 PIN 9661 07-2313 00 z , ~ W46 23.12' S 10'13'05" W N F GGINS - ~ ~ ~ CO ~ ~ I II / PT. r. 0 f:: 0 3~~ . N.. 3. W47 42.96' S 0747 46 W D.B. 675-468 Q ~ ~ N W48 36.47 S 19'09'01" E j W ~ EIP 3/4" \ ~ s OPEN TOP ~ _ ~ I_ W49 24.47 S 64'05'20" E oa ~ NOTE: THE SITE PLAN, AS SHOWN 0 ~ THIS DRAWING, IS PRELIMINARY AND f~ . o ~ ~1 W50 40.65' N 53 20'57" E ~ ~ ~ ~p V ~ r ~ ~ :::.:;co MAY CHANGE BEFORE THE i ~ r. ~ ~ ~ ~ -r W51 3.87 N 86'55'00" E ~ ~ O u? a ~ A~ t, ~ ' (y 3 ~ / ~ r~; ~ , ' ~ ~ ; S ~ n 0 m ° COMMENCEMENT OF CONSTRUCTION 3 W '44 ~ ~ ~ 0 52 50.79; S 88'45 E ~ pD ACTIVITIES. HOWEVER, THE WETLAND W53 27.49 N 16'00'45" E ~ ~ ~ ~ ~ ~ , ~ ~ ~ 6A . DISTURBANCE WILL BE LIMITED TO THE W54 19.60° S 70'26'05" E , Z ~ ~ ,,~d T PIN 9661-07 4905 00 W " , ~ _ ~ ~ ~ N/F TRUELOVE 55 19.33' N 453835 E ~ WETLANDS ~ ~ P~ 9661 7 ~165,Q0.-~'~ o; 0.49 ACRES SHOWN. o. PT. ~ ~ ~ , , ~ ~ D.B. 442-54 W56 10.32 N 84'21 26 E ~ ; ~ ~~495 N UR LA ti , , R1fES;; ~1 EIP 1 2" 3. W57 36.14' N 06'19'32" W ~ ~ ~ ~ ~ D.B. 36 .rte' '1 / „ ~ 1.274 ACRES ~ ~,;I,r~ souD W58 33.62' N 53'21 20 W W ~ ~ TAI 2 ~ ~ot~tir''~' :~1 N R ODE L # ) u ~ ~ ~ o LEGEN D: W59 41,02' N 4158'54 W p~ , I , ~ - ~ ~1 ~ 2 ~ PIN 9661-07 1182-00 t~ N ~ o ~ , , 1 1~, ~ W ~ Z 0~` W65 0 NIP NEW IRON PIN (5/B" REABR) W60 26.93' N 51'0757 W y. ~ ~ ~ ~ ~ ~ ~ " N/F CL RK ~ U 50. 0' ~ ry' ~ n r I ~ ~ ; • fP 6'• ~ W61 7 N 42'59'25 E I 0 EIP EXISTING IRON PIN ~6~ D.B, 28 188 T. ~ - ~ ~ , ~ ~ ~ v ~ ~0 ~ ~1 ~ ~ ~ s 11 W62 43.86' N 28'0721" E W ~ 0 PT CALCULATED POINT 3. W63 21.28' N 35'52'32" E ~ ~ ~1 ` ~ " W64 34,19' N 56'54'06" E ',~'I ~ W65 37.72' N 83'32'45" E , ~ ~ I1 I ~ ~ I ~ ~ ~ N 8738'34„ W ~ o ~ - ~ ry: . ~ NOT FOR RECORDATION W66 35.83' N 35'59'49" E ~T. ws7 27.sT N 47.07'17" E PT. 493,75 ~ d , ~ ~ ~ ~ _ ._a____ ~6 N ~ E ~ Ili PT„ - W68 23.73' N 14'50'29 W » ~UN o~~ ~ ~ FLOOD INFORMATION U~ 1`` `,~4!'' ~ r~~ PT. W69 17.60' N 10'15'11" W ~ ~ ~ lf~~ ~ _ SUBJECT PROPERTY IS NOT LOCATED WITHIN A W70 11.13' N 50'53'22" E ~ 1~~ r 1 ' L~ 0 o~ 0 , ~ - fA 1~ r ~ DESIGNATED FLOOD HAZARD AREA PER W71 18.01 S 37 33'52" E ~ ' ~ ~ j 0 ~ r ~ ~ ~ W72 26.25' N 00'40'53" W \ ~ ' ~ 4', p I CPS FIRM 37105000906 W73 38.28' N 19'05'52" E ~ ~ ~ ° ~ ~ ' ~ ~ ~ ~ ~6 w DATED: SEPT. 6, 1989 Q ~ tQ ~ r s- ~ w! W74 17.20' N 03'15'29" E u7 r' ' ~~/~1~"' s ' ~i w ~ to W75 34.28' N 69'44'42" E WETLANDS u' ~ ~ , - LAND AREA W76 8.61' N 24'12'47" E 1 SQ.FT G 711 PT. s9 _ _ _ 1,178,944 SOFT W77 ' 4'51" E r, ~ i'I 1 A 1 1' N 86 5 6.9 .014 ACRES ~i , C~ , ~ ~ , . 0 , ~ . _ ~ ~ W78 N 55'13" E I ~ ~ ~ la d - .>a,? 31,85 03 W79 8.56' S 23'02 46 E j ,.Tfi e ~ ~ 50.02 ACRES s8 ~i ~ ~ W80 24.40' S 12'45'41'° W i ~i~`,'+ ~ I' W81 10.50' S 38'5056 W WETLANDS - / ~jll W82 9.20' S 19'24'23" W 143 SQ.FT ~ ,~.n J. W83 4'16'40" W ACRES ~ ~ a r _ PT. 33.08 S 3 0 ~1~ " ~ r,y ~ ~ ~ W84 14 1' S 14'12 59 W ' 1 - ' ~I ~ 150,00; W W T. ~ i ~ ~ 85 15.59' 5 6701 00 ~ , , ~ ~ ~ ~ , , W86 39.52 N 15'56 05 W ~ , ~ ~I l ~ ~ / 13.77 ~ ~ r~~~ ~ ~ W$7 N 3'15' 14" E , n ` ~ ~ . 37.43 o ISOLATED ° ' , ~ ~ II FREELAND & ASSOCIATES, INC. W88 15,06' S 61'1032 E ~ ~ ~ w 1' 4" E WETLANDS ~ ~ ~ ~ ~ s 89 30.39 S 08 5 0 N ~ , 323 WEST STONE AVE. V+ % ,11 0 w9o 13.48' s 44.2736" E 1236 .FT 1 ~ ~ s t : ~ ~ ~ - ~ - ~ ~ 5 ~ SQ ~ . e GREENVILLE S.C. 29609 ,f ~ r- - , , - 1 W91 9.62' s 69'21'43 E 1.176 ACRES TEL. (864) 271-4924 FAX: (864) 233-0315 W92 T N 24'11'42" E n ' ~ / 24.6 TAI 3 1 DE L # ) ~ ~ - - - f II EMAIL: jfreelond@worldnet,ott,net W93 32.98' S 70'5018" E ~ ~ ~ ~ ~ ~ ~ v ~ ~ - W94 13.66' N 58'3610" E ~ _ ~ W95 26.37 N 34'49'10 E ~ - ~ % ~ 'gyp ~ ~ ~ DRAWN: MVA/ASH PARTY CHIEF:JC CHECKED; JRF ~ ~ N - W96 39.27 N 03'02'43" E ~ / ~ - 2 ~ REF, PLAT BOOK: SEE NOTES ~ ~ / / ~ o W97 27,40' N 56'59 08" E o ~ ~ s ~ REF, DEED BOOK_ ~ AS SHOWN W98 19.83' S 03 08'38" W ~U ~ - / /~,n'~~- ~ ~ ~ „ e 'i'rT. ~ ~ / 't TAX MAP : AS SHOWN w w 9 ' ~ N~ 87-`5~'~ ~ ~ ~ '~1 99 26.88 S 00'32 02 W X4,66 - W100 31.21' S 18'28'54" E - 3 ~ 69 - 1 W101 6.46 S 20'38'10" E J, - PL M , DATE OF SURVEY'. MAY 6, 2005 3'_ W102 34.27 S 0744'01" W c ~ DRAWING N0: 56939-WET 7° W ~ W103 22.96 5 7718 3 ~7 3 W56 Wg4 DATE OF LAST REVISION; • 4 " I PIN 9661-16-003-0 W104 211.37 N 47 52 9 E 1 ~ W105 31.37 S 33'04'19" W ~ N/F SANDERS W106 37.44' S 16'01'49" W D.B. 01-543 h 3 , ~ , ~ W51 W52 ~ 0 200 400 600 W107 23.26' S 23'56'57" W 14 W108 48.08' S 20'14'02" W w41 y0: W15 SCALE; i" = 200' W109 25.08' S 09'20'07" W W4 . ~ 9 ~ ~ i W110 40.27 S 2710'12" W 0 hi l W111 11.49' S 01'36'13" W W112 54.45' S 1.3'15'08" E ~ ~ ~ ~Jd W113 35.61' S 00'19'43" E ~ W114 23.13' S 3712'30" E ~q) , li W115 79.72' S 19'57'01" E ~cp ~ w SI` ~ ~ d 'a' ~;O" row ~ ~ e" ~ ~ m ~ s Su sad` Q. l+ r~~ E~ ~a` i° I T THI PY OF THIS PLAT ACCURATELY DEPICTS 1 ~ THIS CERTIFES THA S CO THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN ` WATER ACT PURSUANT TO THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL AS DETERMINED BY THE UNDERSIGNED ON THIS 0 3N w10 DATE. UNLESS THERE IS A CHANGE IN THE lAW OF OUR PUBLISHED ~ REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY ~ rye. . DETAIL # 1 o BE REUED UPON FOR A PERIOD OF FIVE YEARS FROM THIS DATE, ~ DETAIL # 3 STATE OF NORTH CAROLINA NOT TO SCALE ~ e NOT TO SCALE w LEE COUNTY u~ N rn . ~ SIGNATURE OF U.S. ARMY CORPS OF ENGINEERS OFFICIAL N 3 JONESBORO TOWNSHIP N ~A DATE OF SIGNATURE M N 1 ld N .a2°` GG r WRS REALTY w27 ti`0 SITE ADDRESS # STREET CITY, SC ZIP SHEET 1 OF 1 S&ME, Inc. 3718 Old Battleground Rd. Greensboro, North Carolina 27410 009216 + PLEASE DETACH AND RETAIN FOR YOUR RECORDS + INVOI •• E VOUCHER NO. AMOUNT 11-1-05 1588-05-030 1588-5020 $ 475.00 Ind. Permit Applica tion Fee (Sanford Retail Cen ter) Approximately 49 Acre all Mr D NOV 1 5 2005 DENK - WATER QUALITY DS AND STORMwATER BRANCH WETLAN