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.
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HOLLY SPRINGS WAKE COUNTY NORTH CAROLINA
Engineers I Planners I Surveyors
GRAPHIC SCALE
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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
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4%WithersRavenet
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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
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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
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