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HomeMy WebLinkAbout20042029 Ver 2_401 Application_2019042510 WithersRavenel Our People. Your Success. 219 Station Road, Suite 101 Wilmington, North Carolina 28405 t: 910.256.9277 1 f: 910.256.2584 TO: kir n;,ate;.,., of %A/�fcr 0--r- _ A01 \A/cf1-1. 1 1n;f 512 N. Salisbury Street; 9th Floor Raleigh, NC27604 WE ARE SENDING YOU ❑x Attached THE FOLLOWING ITEMS ❑ Shop Drawings ❑ Copy of Letter Letter of Transmittal ❑ Under Separate Cover via ❑ Prints ❑ Plans SPA I Specifications ❑ Change Order E-]Diskette—Qtd@r- •° 04/25/1910101-11,91• •DESCRIPTION 02181123.00 • 04/25/19 • • Ms. Karen Higgins 1 04/25/19 02181123.00 Ralph Stephens Rd -Hwy 55 Retail NWP 39 Submittal Holly Springs, Wake Co 04/25/19 02181123.00 ❑ Under Separate Cover via ❑ Prints ❑ Plans SPA I Specifications ❑ Change Order E-]Diskette—Qtd@r- •° �• •DESCRIPTION 4 04/25/19 02181123.00 NWP 39 PCN 1 04/25/19 02181123.00 Check for $240 application fee 1 04/25/19 02181123.00 CD of PCN THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑x For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ Other ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return REMARKS: copies for approval copies for distribution corrected prints COPY TO: File SIGNED: Troy Beasley If enclosures are not as noted, kindly notify us at once. 40 WithersRavenet Our People. Your Success. April 25, 2019 US Army Corps of Engineers Raleigh Regulatory Field Office Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, NC 27699 Re: Ralph Stephens Rd -Hwy 55 Retail - NWP 39 PCN Submittal WR Project #02181123.00 Dear Mr. Lastinger and Ms. Higgins, rra Arlo Z S 2019 On behalf of Cross Real Estate Group, we are requesting authorization from the USACE to use NWP 39 for 0.25 acres of permanent wetland impacts for construction of the proposed retail development project. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is ±1.97 acres in size (PIN: 0658058498) and is located at in the northwest quadrant of the intersection of Ralph Stephens Road and Hwy 55 (Bypass) in Holly Springs, Wake County (Latitude: 35.633231°N; Longitude: -78.828466°W). The project is located in the Neuse River basin and onsite waters drain to Basal Creek. The Water Quality Classification for Basal Creek is B; NSW and the Stream Index Number is: 24-43-15-3. The cataloging unit for the site is 03020201. Proposed Proiect The purpose of the proposed project is to construct a retail development to meet the demand for retail services for the growing population of Holly Springs. The proposed project consists of a single retail building, parking lot and associated infrastructure (e.g. utilities, stormwater management, etc). The proposed project is located on an existing parcel which is bordered to the north and west by a commercial development that is currently under construction. Proiect History Onsite wetlands were delineated by WithersRavenel in December 2018, and a Preliminary JD Request was submitted to the USACE. James Lastinger with the USACE conducted a field 219 Station Road, Suite 1011 Wilmington, NC 28405 t: 910.256.9277 1 www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington Ralph Stephens Rd -Hwy 55 Retail0 i th ars Rave n e l Holly Springs, Wake County Our People. Your Success. verification of the delineation on 02/26/19. We are not requesting issuance of the PJD in conjunction with issuance of the NWP 39. NCDWR issued a Buffer Determination letter dated 09/03/15 for the Collins Park project (NCDWR Proj #15-365), which is adjacent to the north and west of the proposed project. The Collins Park buffer determination letter included the stream depicted within the subject property (Feature A), and determined the downstream section to be ephemeral/not subject. Therefore, a formal buffer determination was not requested, as this feature was previously determined to not be subject to riparian buffers. A copy of the Collins Park buffer determination letter has been provided as an Appendix. Proposed Impacts The proposed impacts consist of 0.25 acres of permanent wetland impacts, which are necessary for site fill to construct the northern driveway and proposed retail building. Avoidance and Minimization The project consists of an in -fill project, as the proposed project is bordered to the north and west by the Collins Park commercial development which is currently under construction Due to the small size of the parcel, the proposed project will result in removal of all onsite wetlands to accommodate the necessary infrastructure for the proposed retail development. The developable area within the project site is significantly reduced due to the required 50 -ft street yard setback from the NC Hwy 55 bypass and Ralph Stephens Road. The site has been designed to construct the SCM within the street yard setback to maximize the developable area for the retail building and infrastructure. The project has been designed to meet minimum parking requirements for retail use. During construction, silt fencing will be installed around all disturbed areas to prevent sediment from escaping into the offsite wetlands. Additionally, construction access will occur through uplands. Mitigation The applicant proposes to mitigation for the 0.25 acres of permanent wetland impacts at a 2:1 mitigation ratio, resulting in the purchase of 0.50 acres of riparian wetland mitigation. The applicant will purchase the 0.50 acres of riparian wetland mitigation from RES within the Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically within the Arrington Bridge III site. A copy of the letter of availability from RES has been provided as an Appendix. Page 2 of 3 Ak Ralph Stephens Rd -Hwy 55 Retail Holly Springs, Wake County %0ithersRavenel lipOur People. Your Success. The current request is for 0.25 acres of permanent wetland impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • Parcel Information • Approved Wetland Delineation Exhibit • USGS Quads • Wake County Soil Survey • Collins Park NCDWR Buffer Determination Letter • NCNHP Project Review Letter • RES Letter of Availability • Wetland Impact Exhibit Page 3 of 3 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? FE]Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Ralph Stephens Rd -Hwy 55 Retail 2b. County: Wake 2c. Nearest municipality / town: Holly Springs 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Speedway LLC 3b. Deed Book and Page No. Book: 017333; Page: 00331 3c. Responsible Party (for LLC if applicable): Tommy Lefevers — Sr. Director — Real Estate 3d. Street address: 500 Speedway Drive 3e. City, state, zip: Enon, OH 45323 3f. Telephone no.: (937)865-3000 3g. Fax no.: 3h. Email address: tlefevers(@speedway.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Contract Purchaser 4b. Name: Todd Harrelson - Manager 4c. Business name (if applicable): Cross Real Estate Group 4d. Street address: 9615 Bales Lane 4e. City, state, zip: Charlotte, NC 28227 4f. Telephone no.: (980)498-2069 4g. Fax no.: 4h. Email address: todd ancrossreg.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name (if applicable): WithersRavenel 5c. Street address: 219 Station Road, Suite 101 5d. City, state, zip: Wilmington, NC 28405 5e. Telephone no.: 910-256-9277 5f. Fax no.: 5g. Email address: tbeasley(cDwithersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN: 0658058498 1b. Site coordinates (in decimal degrees): Latitude: 35.633231°N Longitude: -78.828466°W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: ±1.97 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Basal Creek (Stream Index: 24-43-15-3) proposed project: 2b. Water Quality Classification of nearest receiving water: B;NSW 2c. River basin: Neuse (HUC: 03020201) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site consists of undeveloped woodlands. The general land use in the vicinity consists of a mixture of residential and commercial land uses. 3b. List the total estimated acreage of all existing wetlands on the property: ±0.27 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a retail building, parking and associated infrastructure in order to meet the current demands for retail services within Holly Spring. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of a single retail building, parking lot and associated infrastructure (e.g. utilities, stormwater management, etc). The proposed project is located on an existing parcel which is bordered to the north and west by a commercial development that is currently under construction. Typical commercial construction equipment and techniques will be used to construct the proposed project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes E] No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary ❑Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WithersRavenel Name (if known): Lyle Phillips/Alyssa Ricci Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. James Lastinger with the USACE conducted a field verification of the delineation on 02/26/19 as part of the Preliminary JD Request that was submitted by WR for the property. We are not requesting issuance of the PJD in conjunction with issuance of the NWP 39. NCDWR issued a Buffer Determination letter dated 09/03/15 for the Collins Park project (NCDWR Proj #15-365), which is adjacent to the north and west of the proposed project. The Collins Park buffer determination letter included the stream depicted within the subject property (Feature A), and determined the downstream section to be ephemeral/not subject. Therefore, a formal buffer determination was not requested, as this feature was previously determined to not be subject to riparian buffers. A copy of the Collins Park buffer determination letter has been provided as an Appendix. Page 3of11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Impact 1 ® Yes ® Corps Wetland A Fill Headwater Forest El No ®DWQ 0.25ac 0P❑T 2g. Total wetland impacts 0.25 ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody If project will impact a protected riparian buffer, impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? Temporary T ❑ Catawba ❑ Randleman 6b. 6c. 01 ❑P❑T 6e. 6f. 6g. 02 ❑P❑T 03 ❑P❑T number — Reason 04 ❑P❑T Buffer Zone 1 impact Zone 2 impact Permanent (P) or 4f. Total open water impacts Stream 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. required? Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose El Yes (acres) number of pond Flooded I Filled I Excavated Flooded Filled Excavated Flooded P1 P2 5f, Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P[JT El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project consists of an in -fill project, as the proposed project is bordered to the north and west by the Collins Park commercial development which is currently under construction Due to the small size of the parcel, the proposed project will result in; removal of all onsite wetlands to accommodate the necessary infrastructure for the proposed retail development. The developable area within the project site is significantly reduced due to the required 50 -ft street yard setback from the NC Hwy 55 bypass and Ralph Stephens Road. The site has been designed to construct the SCM within the street yard setback to maximize the developable area for the retail building and infrastructure. The project has been designed to meet minimum parking requirements for retail use. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction, silt fencing will be installed around all disturbed areas to prevent sediment from escaping into the offsite wetlands. Additionally, construction access will occur through uplands. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank —Arrington Bridge III Site 3b. Credits Purchased (attach receipt and letter) Type: Riparian Wetland Quantity 0.50 acres 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 34% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The stormwater management plan is still being finalized, but will consist of one SCM, which is anticipated to be a wet detention pond. The stormwater management plan will be reviewed and approved by the Town of Holly Springs as the certified local government. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Holly Springs ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project is located within a small parcel surrounded by a commercial development that is currently under construction. The project is not anticipated to be a catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Town of Holly Springs sanitary sewer Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No. habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Furthermore, site reviews did not identify any potential habitat for any federally protected species known to occur in Wake County. Additionally, 404 permits were issued for the Collins Park commercial development that surround the proposed project, further documenting that there are no federally listed species or critical habitat within the vicinity of the proposed project. Therefore, the proposed project will have No Effect on federally protected species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters classified as EFH in Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? WR reviewed the NC State Historic Preservation Office's online database, located at: http://.qis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — WithersRavenel --75-13, Authorized Agent 04/25/19 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Page 12 of 11 PCN Form — Version 1.3 December 10, 2008 Version %0 WithersRavenel NoOur People. Your Success. AGENT & ACCESS AUTHORIZATION ®® WithersRavenel ®® Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, Cross Real Estate Group (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the ±1.97 acre property, Wake Co. PIN:0658058498. located northwest of the intersection of Hwv 55 and Ralph Stephens Road in Holly Springs, NC. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel. Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: 01/09/2019 Signature of Client: J. Todd Harrelson Manager (Name - Print) (Title) (Signature) 9615 Bales Lane Mailing Address ` Charlotte, NC 28227 City State Zip Phone: 980.498.2069 Email: Todd@crosscreg.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington -40WithersRavenel 0 0 Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Speedway LLC, doles) hereby authorize WithersRavenel, Inc. to access the ±1.97 acre property, Wake Co. PIN:0658058498 located northwest of the intersection of Hwv 55 and Ralph Stephens Road in Holly Sprinos NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. This agreement is subject to the pending Offer to Purchase for the subject premises, and shall continue in effect until completion/termination of such Offer to Purchase. Date: 1/28/19 Contract Purchaser's Agent Info: Signature of OwnedAPPROveO WithersRavenel. Inc. L• 115 MacKenan Drive Tommy Lefevers, Sr. Director - Real Estate Cary. NC 27511 Signature Tel. (919)-469-3340 500 Speedway Drive Enon OH 45323 Phone: 937-864-3000 Email: tlefevers@speedway.com 115 MacKenan Drive I Cary, NC 27511 t: 919.46933401 f: 919.467.6008 I www.withersraveiiel.coni I License No. C-0832 Cary J Greensboro Pittsboro I Raleigh I Wilmington 0 WithersRavenel NOur People. Your Success. PARCEL INFORMATION PIN: 0658058498 PIN Ext: 000 Real Estate ID: 0298005 Map Name: 0658 09 Owner: AT WILLIAMS OIL COMPANY Mail Address 1: PROPERTY TAX DEPT Mail Address 2: 539 S MAIN ST Mail Address 3: FINDLAY OH 45840-3229 Deed Book: 009645 Deed Page: 00289 Deed Date: 10/04/2002 Deed Acres: 1.97 Building Value: $0 Land Value: $1,397,894 Total Value: $1,397,894 Billing Class: Business Description: L01 PROP STAFFORD LAND CO INC BM2002 -01665 Heat Area: 0 Site Address: 0 RALPH STEPHENS RD City: HOLLY SPRINGS Township: Holly Springs Year Built: 0 Sale Price: $0 Sale Date: Use Type: Design Style: Land Class: Vacant Old Parcel Number: 141-00000-0000 A 0 110 220 440 ft I I t t I t t t I 1 inch = 200 feet Disclaimer iMaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, are provided for the data therein, its use,or its interpretation. ®IWithersRavenel ®® Our People. Your Success. APPROVED WETLAND DELINEATION EXHIBIT 140WithersRavenet Our People. Your Success. USGS QUADS J�s`foo ca GRAPHIC SCALE ," W,UALLJEIII'ovEs-MORWALK S �8, 0 1000 2000 J q� M, ONSE 1 inch = 2000 ft. '"`>, �\51MSQWAVE --T Y L; � X, S fi AVE z 5i kV lCt 4 L z— i.j r�N C, % — 750 y _BRAN R,>, i < --�OLL: RD REVIEW AREA -= C, f �J -v L N .&.RA&—Tojq pXARK '01-DJADAMS-RDI 7- PUAY/--V-,AR11 MNL .400 0 �145'0- 450 HONEYCUTT'-Rb .50 4 L7 C) < WAVE NAS RD 7 JpMESS � DICKENS-RD�, o � / „�\ v /// //J c�J��� �p� �_ /f7 Ii�`S I' RALPH STEPHENS - HWY 55 USGS QUAD (2016) - APEXWithersRavenet lip HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA Engineers I Planners I Surveyors GRAPHIC SCALE 0 100 200 1 inch = 200 ft. ,10 a ---REVIEW J? z � IPPA Cal"" RALPH STEPHENS - HWY 55 USGS QUAD (2016) - APEX 111110 WithersRavenet Engineers I Planners I Surveyors HOLLYSPRINGSWAKE COUNTY - NORTH' CAROLINA 40WithersRavenet Our People. Your Success. WAKE CO. SOIL SURVEY iii GRAPHIC SCALE 0 100 200 1 inch = 200 ft. RALPH STEPHENS - HWY 55 WAKE CO. SOIL SURVEY (1970) - SHEET 90 40 WithersRavenel 1/ Engineers I Planners I Surveyors -40 WithersRavened Our People. Your Success. COLLINS PARK NCDWR BUFFER DETERMINATION LETTER r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 3, 2015 Stafford Land Company Robert Stafford 246 Valleyfield Dr. Southern Pines, NC 28387 Subject: Buffer Determination NBRRO915-365 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) Start@ ❑ (15A NCAC 2B .0259) Ephemeral/Intermittent/Perennial Determination E]Tar-Pamlico USGS ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) To Project Name: Location/Directions: Subject Stream: Collins Park Property is located at NC Hwy 55 and Ralph Stephens Rd Holly Springs, NC Basal Creek Determination Date: September 2, 2015 Staff: James Graham Feature/Flag Not Subject E/I/P* Start@ Stop@ Soil USGS Subject To Survey Topo To Buffers Buffers A X X B X I Stormwater culvert X Pond X X X *E/I/P - EphemeraUIntermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may�ehCarolina Alaturidy North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: kvww.ncwaterouahtY.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Collins Park Wake County September 3, 2015 Page 2 of 2 considered jurisdictional according to the US Anny Corps of Engineers and/or to the Division of Water Resources (DWR). This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, -as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact James Graham at (919) 791-4256. Respectfully, 4Zz -- f Danny Smith, Supervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy Khssiha Newcomb Hal Owen and Associates POB 400 Lillington, NC 27546 ism WAKE COUNTY, NORTH CANtI SHEET �UIVIBER 90 Ce➢ �N. WF '?QC2: m I' NoB CeC2\ Ge .:CeC2: Ho rieg rr , - : .' ,' ti" -'h - 4 .r ,! CgC2 • - ,' ... . � C ';e82 P¢C2 482; .Me L sGO G¢g / �... :_ v LdB2 n, •�- F, . • APCs CeC. ''r'`' y ' :Y - ' /��'�• • 1 �' ° �. Q .', •'\. yah ;:. A- �`.'6 ,'.o ;;_: +! APC2 � -e�, i},' -• - G� - :�F• .,�>.•'...-c (•;'i LdC�.ry ,1. APB Ra Fa82 S :".11 APn CeB2 y A862 NoB 1~ / C¢62 ' '� .; • , CeC2 .- 1 dB2: ."r ' � ''s, y/ Or82. � '�� ,- ;. �W i•3>:r,}.,• ,+,C�� R - ,�' C862 CIB3 ° . .i' . s�' , e p Ra Gl \ �/ � .No62 ,•\ �'�•ro .a •j• -��.Q--; Ce` _i it,` ,C.:.2 Iw v. „`r i • AYC2' f �'� ` CeC2 � "• NOA A8B'..` tr ��o No8 ,: ' Z •`��Q?.. _ o .,• � Ce; •. o� �' OrB2 i No 12 2 :�„�. K'a8 � Site 44 _ � Or,��_oe��• - '-�.r:. ,'-�' OrC2 ' '- M`� QO. '* .a NoB CR62=• --T ,.. gC�7. �� N'oC OrB2 �t�, t»' � .QG•. --.I.�, +. No62 NgB2:' OrB NoC --,� �i �, _',:j 'Cat] : - :;'• No P •..as. _ fit i ' � CoB. eCr ..CeD.. p� No 12 v _ Or$2 I' r'f ••" , VmE ••� • :�AgB NDB' A � .• Wa8 +, Cr32 r f OrC2 t I AP82 pQO 9 aAPC2 0rK, NoB r WaB Nor' - t • ,.:.' 'FC2 NoB WaB APB• OtB2x } �: gG� 1N0 APC2'�- wgA v;g� -'.C¢C2^. ' _ „ :>> was � Rei 1Na -sap-2.;� 9-0O No8 } Nob Cell No8 VY �40 �' • r Ai0 vis Wa8 Na y s ,, Wai Ar WaC Wa8 NoB ' �" l Wao\ ° (r NoB 1, 06 WaS ! ,N WaB?: >ti WaC; . IUSGS Topographic Map Collins Park for Stafford Land Company iro 1403 1 (20 13) P RWALK sn z�- APEX QUADRANGLE NOWfli CAROLINA -WAKE CO 7.5 -MINUTE SERIES V, s PARK PL. W GRIGS1,�" li Rs ISL Nju taucs N EMT ul"L C lij JIUL 4U 110; La ;J00 ijtu Kw I= tUT C014TOUR 111TERVAL. 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 4%WithersRavenet Our People. Your Success. NCN H P PROJECT REVIEW LETTER X11 �■ NC DEPARTMENT OF RERUN Susi Hamilton. Secretary ■ mons NATURAL AND CULTURAL RESOURCES ®L''�� Wafter Clark, Director, Land and Water Stewardship NCNHDE-8733 April 14, 2019 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Ralph Stephens Rd -Hwy 55 Retail; 02181123.00 Dear Troy Beasley: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAPTMENT CSF NAT'UPAL AND CUI_TUPA1. RESUUNCES 9,V! (. d. HC • 1'';P tk iml_ ; Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Ralph Stephens Rd -Hwy 55 Retail Project No. 02181123.00 April 14, 2019 NCNHDE-8733 lement Occurrences Documented Within a One -mile Radius of the Proiect Area ragonfly or 32043 Coryphaeschna ingens Regal Darner amselfly 2004 -Pre o Natural Areas are Documented Within a One -mile Radius of the Project Area anaged Areas Documented Within a One -mile Radius of the Project Area 5 -Very Low Significantly Rare .. - ar ged 4°rea N'ar>ie ®Me C Department of Transportation_Mitigation Site NC Department of Transportation State _ /ake County Open Space Wake County: multiple local_ government Local Government awn of Holly Springs Open Space Town of Holly Springs Local Government G5 S2? =_finitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/content/help. Data query generated on April 14, 2019; source: NCNHP, Ql Jan 2019. ease resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-8733: Ralph Stephens Rd -Hwy 55 Retail WEh:t Avp •J7S4 \\ _ y7 yz. Q _r•`n4Y•F1,rr I. .. r . •' m•.. E - � SJrrrrorrh �. >,?� .. •,, 7. 3: Bgomrrrli.. o .. Finkr Ur ' E all, vII nrAYq. k C o .. �09i ri 4 - Caroef,' .'error _ ��, ••r _-.. \� . �1T.Y rn fails. CJ ail „ \( r cs`�c' : �` ' V • ' • .car- CiC% i)f � .,`r, ,. Uta, .. � I � � �• �_ � � � _ �'- � �' � \F ``m'�f �' � � 'SY.Ytt°�v 'FOj�' �. rnry� �. _ - .�Av�n!i ,ry Fid; '__ � ,1l •r'.5. _. _.. � K _. ._ ,Prc Or R c 1 Anda Y . `fir - \• _ riti:o a2. NHn)n Ver.ket Dr i _ •o iW E. enc h . . .err•>•�np • a'aJ Creep . . r April 14, 2019 Project Boundary ❑ Buffered Project Boundary ED Managed Area (MAREA) Page 3 of 3 1:20,799 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esti, HERE, Gamin. Intennap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, Ce Base, IGN, Kadaster NL, Ordnance Survey, Esd Japan, METI, Esri China (Hong Kong), swismopo, 0 OpenStreethlap contributors, and the GIS User Community %0WithersRavenet NoOur People. Your Success. RES LETTER OF AVAILABILITY fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability April 25, 2019 U.S. Army Corps of Engineers James Lastinger Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Ralph Stephens Rd -Hwy 55 Retail This document confirms that Cross Real Estate Group (Applicant) for the Ralph Stephens Rd -Hwy 55 Retail (Project) has expressed an interest to utilize 0.50 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.50 wetland credits from the Arrington Bridge III Site, all in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1075. Best Regards, Caitlan B. Parker Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 40 WithersRavenet Our People. Your Success. WETLAND IMPACT EXHIBIT D ' � I 9�tl 96tl i I ,Ch III I = I I a 433 I. �mIIII / y z 4P, ' N 4 I N 3 I` 1 434- A 34 A T In 3 \� \ `ate 44, \\ N r I V � �C o 28 ^T zv�omo 1Ih DOmxp;i� zmp003 � Oaim.�MT/ �\ v ON O Dm�zx<m D O O O T m o co D m I PA, K DDrmmpp ozmpi"mm D NomTmom ZN rO-D-ID Z 1< O O p m m m S�z p 9. OHM? 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