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RECEIVED
FEB 0 .9 1995
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From:
North Carolina Department of
Health, and Natural Resources
Environment,
49 Printed on Recycled Paper
** b -?
4ir
-Officials Survey Site
For Lowe's Facilities
• A group of officials from the
Division of Environmental Man-
agement (DEM) in Raleigh and
Mooresville and a representa-
tive of the Corps of Engineers
from Asheville conducted a pre-
application meeting on the prop-
erty of Virginia Allison located
on Fairmount Road in northern
Iredell County.
The meeting was conducted at
the request of Lowe's Corp. The
tract of 184 acres is presently
under consideration for a five-
state distribution center to be
built by Lowe's. The property
was rezoned from agricultural-
residential to industrial by the
county commissioners Jan. 15
after a lengthy public hearing.
This was the first visit to the
site by state officials.
The purpose of the visit was
to conduct a preliminary survey
of the site, the identification of
existing wetlands and their val-
ue and the presence and impact
of streams draining into Rocky
Creek.
The findings of this first and
all subsequent studies will be
public information available to
the taxpayer and can be ob-
tained by calling 663-1699, the
Mooresville office of the Divi-
sion of Environmental Manage-
ment and contacting Mike Park-
er.
' ,abr
MEETING HELD BY ENVIRONMENTAL OFFICIALS - Officials of the Division of Environ-
mental Management in Raleigh and Mooresville and a representative of the Corps of Engineers
from Asheville conducted a pre-application meeting recently on the property
for the new Lowe's facility. From left are John Dorney and Greg Price, frothe Water Quality Sec-
tion of DEM in Raleigh; Mike Parker of the Water Quality Section in Mooresville; and Steve Chapin
from the Corps of Engineers in Asheville. (Photo by Lislott Harberts)
,,it .44!
M a
igh
Swol
(An AP News
In Our Opinion ...
Trustee Without A Trust
Another phase of the post-
World War II era ended virtually
unnoticed. recently when the
Pacific island state of Palau, the
last of the U.N. trusteeships,
became the 185th U.N. member
state.
In 1947, Palau and 10 other
former possessions of the Axis
powers (mainly Japan) were
placed under the jurisdiction of
the newly created U.N. Trustee-
ship Council and administered
by major powers - in the case of
Palau and some others, by the
United States.
All the other trusteeships
were terminated years ago, as
dependent territories became
independent states or, as in the
case of the Northern Mariana
Islands, attained U.S. common-
wealth status like Guam and
Puerto Rico. But Palau's inde-
pendence was delayed by an
.internal dispute over its future
military relationship with the
United States. In the eighth of a
series of referendums, voters in
the tiny but strategically located
nation of 16,000 finally approved
a compact of free association
under which Washington will
provide Palau's defense as well
as generous economic aid.
With no more clients, the U.N.
Trusteeship Council thus has
nothing left to do and ought to
disappear - but it may not for a
while. As a creature of the U.N.
Charter, it can be terminated
only by a charter amendment, a
process that could open the
charter to amendment on other,
far more important matters such
as expansion of the Security
Council.
That issue is bound to be tak-
en up at some point when, pre-
sumably, U.N. members will use
the occasion to disband the
Trusteeship Council.
In the meantime, taxpayers
can rest easy. The council, as
befits. its current workload, has
only two full-time staff members.
One assumes they can find some
way to stay busy until their suc-
cessful mission is accorded its
final reward.
In The Opinion Of Others ...
DR. GOTT
2 Peter
Gott, M.D.
?i
Will Mouthwash
Kill All Bacteria?
DEAR DR. GOTT: What is the
proper solution strength for a
mouthwash of hydrogen perox-
ide? My dental technician says
the 3 percent solution will kill
good bacteria. If I dilute the 3
percent with. water, should I
rinse my mouth with plain water
after use? '
DEAR READER: Hydrogen
peroxide is an antiseptic. As
such, it kills "good" germs, as
well as "bad.' The manufacturer
recommends it for external use
only.
However, some consumers do
use it as a mouthwash.
To answer:your question, as
you dilute the mouthwash to save
beneficial bacteria, you are also
reducing its effectiveness against
harmful microorganisms. Be-
cause the mouth is so filled with
bacteria of all kinds, the daily
use of a 3 nereent mixture is not
By TOM I
Associated Pi
WASHINGTOI
mer House Speal
says his first rea
heard Newt Ging
ed $4.5 million fi
was "Wow." The
irony set in.
Of all Democri
have the most rE
the current spea
ment.
The Texas Der
ven from office in
a 34-year career -
ethics probe of
finances, includii
sial book array
investigation wa
fueled by Gingricl
"The suprem(
the Speaker ha
position by critici
to attack the re
characters of of
said in a teleph
from Fort Worth,'
"In so many in:
in life that he w
purist and poir
strongly at other:
involved in the vE
prise himself," Wi
Among other
was accused by tb
Committee of ush
his book, "Reflec
lic Man," to evade
side income..
Gingrich's sits
his relationship v
owned by commu
Rupert Murdocl•
and Murdoch's of
stations with leg:
the U.S. governmf
Even though G
the $4.5 million
HarperCollins, s,
take only $1 up ft
have still cried f
special prosecuto
The issue int
revelations that 1
deal was conch
met with Murdocl
byist for his Fo,,
which are being
NBC before the F
nications Commis
The case wa
cussed, but both
Gingrich have cz
ing a courtesy cal
Wright and Gig
Page 2-B Statesville Record & Landmark Thursday, January 26,1995
DEM I 9T ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): NWP 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 Acerti,fication
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT J f
;
D
EPARTMENT OF THE ARMY NC DEPARTMENT OF
ENVIRONMENT, HEALTH C r - 8 +995
P O
BOX 1990
NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN-. CESAW-CO-E RALEIGH, NC 27626-0535 -
Telephone. 910-251-4511 Telephone:(919)-733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Mitch Franklin c/o Lowe's Companies, Inc.
2. Owners Address: P.O. Box 1111, North Wilkesboro North Carolina 28656
3. Owners Phone Number (Home): N/A (Work): 910-651-4822
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mark Tippett c/o Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402 910-452-0001
5. Location of work (MUST ATTACH MAP). County: Iredell
Nearest Town or City: Statesville
Specific Location (Include road numbers, landmarks, etc.): Interstate 77 north to Tomlin Mill Rd (SR 1890).
Go east on SR 1890 approximately 0.5 mile to SR 1919. Go south on SR 1919 to the intersection of SR 1919 and
SR 1917. The site is located east of the intersection of SR 1919 and SR 1917.
6. Name of Closest Stream/River: Rocky Creek
7. River Basin: South Yadkin River
8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[ ] NO[X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 4.73 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 4.7
Drained:
Flooded:
Excavated:
Total Impacted:4.7
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Fill permits needed to place fill in
wetlands for the construction of a Regional Distribution Center for Lowe's Companies.
13. Purpose of proposed work: The proposed work will include the construction of a 950.000 sq.ft. building with associated
parking and stormwater detention basins.
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February 7, 1995
Mr. Steve Chapin
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
37 Battery Park Avenue
Asheville, North Carolina 28801
Subject: Conceptual Mitigation Plan
Lowe's Distribution Center - Statesville Tract
Iredell County, North Carolina
Dear Mr. Chapin:
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3805 V##0&vd4 .revenue
1Wd6i4W&x, M 28403
On behalf of our client, Lowe's Companies, Inc., we are pleased to submit this additional
information to support our pre-discharge notification for impacts to 4.7 acres of
jurisdictional waters of the U.S., including wetlands on the 211 acre Lowe's Distribution
Center -Statesville Tract located in northern Iredell County, North Carolina (Figure 1).
BACKGROUND
Lowe's Companies is proposing to construct a Regional Distribution Center in Iredell
County, North Carolina which will serve 125 stores throughout five states. The facility
will be approximately 950,000 square feet in size with an additional 570,000 square feet
of future expansion. The Distribution Center will employ approximately 300 people.
IMPACT ASSESSMENT
Jurisdictional waters of the U.S., including wetlands, which would be impacted by the
construction of the Regional Distribution Center total approximately 4.7 acres. These 4.7
acres are comprised of approximately 1.55 acres of bed and bank head water stream and
approximately 3.15 acres of wetlands (Figure 3)(see attached photographs). According
to the Iredell County Soil Survey (USDA 1964), the soils are mapped as Worsham soils,
which are hydric according to the Iredell County Hydric Soil List (Figure 2).
Based on field data points taken in mid-December, 1994, the vegetation within the
wetlands consists of tag alder, black willow and red maple in the overstory; tag alder and
red maple in the shrub/sapling layer; sedges, blackberry, and elderberry in the herb layer.
Mr. Steve Chapin
February 7, 1995
Page 2
CONCEPTUAL MITIGATION PLAN
To compensate for the unavoidable loss of the 4.7 acres of jurisdictional waters/ wetlands
and the associated functions and values, a conceptual wetland mitigation plan has been
developed to create wetlands down stream of the facility (Figure 4)(see attached
photographs). The alternative site selection, reconfiguration of site plan, and this
conceptual mitigation plan are in accordance with the Memorandum of Agreement (MOA)
between the U.S. Environmental Protection Agency (USEPA) and the USACE (February
7, 1990) and the Clean Water Act Section 404(b)(1) Guidelines (40 CFR 230) for the
sequenced approach to mitigation. The following sections outline the practice of
avoidance, minimization and compensatory mitigation through the alternative site
selection, reconfiguration of the site plan to minimize wetland impacts and development
of a conceptual mitigation plan to compensate for the unavoidable impacts to
jurisdictional waters/ wetlands.
Site Selection
Lowe's Companies Real Estate Department reviewed ten potential sites for possible
construction of the Regional Distribution Center. Site selection criteria included: site
had to be in Iredell County, site had to be large enough for proposed building
configuration, close access to a major Interstate (Interstate 40 or 77), and the site had to
be for sale. The following table outlines the nine alternative sites which were reviewed.
Site
1-SR 115&901
2 - SR 901 & Warren Road
3 - NWQ I-77 & I-40
4 - Crawford Industrial Park
Crawford Road, north of I-40
Size Problem
400 acres Not for sale
200 acres Not for sale
104 acres Configuration would not work
109 acres Configuration would not work
5 - North side US 21, east of I-77
6 - North side US 90, west of I-77
7 - South side US 70, west of I-77
8 - Statesville Industrial Park
US 70, east of I-77
9 - East side US 21, south of US 70
100 acres Not for sale; Configuration
would not work
182 acres Configuration would not work
(lake); located behind railroad
90 acres Too small
83 acres Too small; too much traffic on
two lane road
435 acres Difficult access; located behind
railroad line
Mr. Steve Chapin
February 7, 1995
Page 3
After review of the above nine alternative sites, Lowe's Companies, Inc. choose a 211 acre
site located 9/10 of a mile east of Interstate 77 on the south side of Tomlin Mill Road.
This site met size requirements with respect to building configuration; capable of
handling increased truck traffic; close and direct access to I-77;and the tract was for sale
and located in Iredell County.
Reconfiguration of Site Plan
Lowe's Companies, Inc. have evaluated three different options with respect of the
location of the facility in order to minimize the impacts to jurisdictional wetlands.
Option 1
In option 1, the facility is located in the west central portion of the property
(Figure 5). This location places the building on the higher portion of the site,
thereby; not disturbing the existing stream leaving the site to the East. Also, by
placing the building on the higher portion of the site, the grading and drainage
cost are greatly decreased. The stormwater from the project would be piped to a
water quality detention basin along the eastern side of the development and then
released at a pre-development rate to the existing stream to the east.
The eastern portion of the site is heavily wooded and is adjacent to the "Allison
Woods" 900 acre nature reserve. Approximately 1,000 feet of these woods will
remain on our site, leaving a buffer between the Distribution Center and the
nature reserve.
Option 2
In option 2, the facility is located in the eastern portion of the site (Figure 6).
This option would impact all the jurisdictional waters and wetlands on site,
including the stream exiting the site to the east. This configuration creates an
even larger disadvantage because it would require all the stormwater to be piped
to the western portion of the site to a detention pond. From this point, the
discharge would have to be piped back to the eastern property line to an outlet at
the property line. Also, due to the slope on the eastern portion of the site, an
extensive amount of additional grading and associated expenses would be
required.
Option 3
In Option 3, the facility is rotated north to south in the central portion of the
tract (Figure 7). Due to the configuration of the site and the physical size of the
facility, this is not an viable option.
Mr. Steve Chapin
February 7, 1995
Page 4
Lowe's Companies has chosen Option 1 as their preferred site plan. This plan was more
advantageous with regard to construction cost and also avoided impacting the tributary
to the east of the proposed location of the Distribution Center.
Existing Conditions of Proposed Mitigation Site
The Iredell County Soil Survey indicates that a Colfax sandy loam and Chewacla soils are
present on the proposed mitigation site. Based on several hand-auger borings, a fine
textured, bright, well drained silt loam (7.5 YR 4/4) was discovered in the upper 18
inches of the soil profile within the proposed mitigation site. Additionally, free water
was encountered at 16 inches below the soil profile.
Presently, red maple, yellow poplar, sycamore, and ironwood are to dominant overstory
and understory tree species. The herb layer consist mainly of privet and blackberry.
A four to six foot incised tributary (approximately eight feet wide) enters the proposed
mitigation site from the west and flows eastward through the center of the site. Two
smaller tributaries (approximately three feet wide) flow into the central portion of the
mitigation site from both the north and the south.
Proposed Mitigation
As discussed with Mr. John Dorney of the North Carolina Department of Environment,
Health, and Natural Resources and Mr. Steve Chapin of the U.S. Army Corps of
Engineers, Lowe's Companies will mitigate for impacts to the 3.15 acres of wetlands at
a 2:1 mitigation ratio. This will be achieved by the creation of 6.0 acres of riparian
wetlands along the upland floodplain area around the tributaries flowing through the
proposed mitigation site. Multiple water control structures will be installed in the main
tributary for the purpose of raising the water level to the top of the tributaries bank.
This hydrologic modification should create adequate hydrology for the floodplain areas
immediately surrounding the creek channel.
At present, the proposed mitigation site consist of an adequate stocking of facultative or
more hydrophytic tree species (red maple, yellow poplar, iron wood, sycamore and river
birch). For this reason, we are not recommending any vegetative plantings.
A five year monitoring program will be established to evaluate the success of the
mitigation effort. As requested by the USACE, biannual monitoring reports will be
submitted to the USACE for the first three years monitoring and annual for the
remaining two years. This reports will include water well data, qualitative evaluation
of vegetation, and photographs from permanent photograph stations.
Lowe's Distribution Center- LAND MANAGEMENT Site Location Map
Statesville Tract
Iredell County, North Carolina GROUP, INC.
Figure 1
Approximate Scale in Feet
Source: U.S.G.S 7.5 Minute Quadrangle
Harmony, N.C. 1969
0 2000 4000
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Approximate Scale in Feet
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Source: Iredell County Soil SuRley, 1964
0 1025 2050
Lowe's Distribution Center-- LAND MANAGEMENT
Statesville Tract Soil Map
Iredell County, North Carolina GROUP, ???
Figure 2
11 Headwater Streams and Creeks - 1.58 acres
Lil Wetlands - 3.15 acres
Lowe's Distribution Center-
Statesville Tract
Iredell County, North Carolina
LAND MANAGEMENT
GROUP, INC.
41
Approximate Scale in Feet
0 675 1350
Jurisdictional 404 Wetlands Map
Figure 3
Lowe's Distribution Center-
Statesville Tract
Iredell County, North Carolina
PROPOSED MITIGATION SITE
LAND MANAGEMENT
GROUP, INC. II
Proposed Mitigation Site
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Figure 4
Source: U.S.G.S 7.5 Minute Quadrangle
Harmony, N.C. 1969 Approximate Scale in Feet
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Lowe's Distribution Center- LAND MANAGEMENT Photographs of Proposed
Statesville "bract Mitigation Site
Iredell County, North Carolina GROUP, INC. §- ?- I
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Pane 1 of 2
Project/Site: Lowe's Distribution Center - Statesville Date: 1-9-95
Applicant/Owner: Lowe's Companies, Inc. County: Iredell
Investigator: Mark Tippett State: NC
Do Normal Circumstances exist on the site? (%jjD No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes ® Transect ID:
Is the area a potential Problem Area? Yes ® Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
6
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Southern Red Oak Tree FACU 9.
2. Virginia Pine Tree FACU 10.
3. Southern Red Oak Sappling FACU 11.
4. Dogwood Sappling FACU 12.
5. Blackberry Woody Vine FAC 13.
6. Honeysuckle Woody Vine FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 34 percent
Remarks:
Less than 50 percent of dominant species were OBL, FACW, or FAC.
HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge Inundated
Aerial Photographs -Saturated in Upper 12 Inches
_Other Water Marks
X No Recorded Data Available -
-Drift Lines
Sediment Deposits
-
-Drainage Patterns in Wetlands
Feld Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: > 12 (in.) _FAC-Neutral Test
Other (Explain in Remarks)
-
Depth to Saturated Soil: >1 2 (in.)
Remarks:
No primary or secondary wetland hydrology indicators were observed in the field.
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Pane i ^f o
Project/Site: Lowe's Distribution Center - Statesville Date: 1-9-95
Applicant/Owner: Lowe's Companies, Inc. County: Iredell
Investigator: Mark Tippett State: NC
Do Normal Circumstances exist on the site? c!= No Community ID:
Is the site significantly disturbed (Atypical Situation)? Ye 42&P Transect ID:
Is the area a potential Problem Area? Yes ® Plot ID: Wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Shrub/
1. Red Maple Scrub FACW 9.
Shrub/
2. Smooth Alder Scrub FACW 10.
3. Greenbriar Woody Vine FAC 11.
4. Rush . Herb FACW 12.
5. Blackberry Herb FAC 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 100 percent
Remarks:
Greater than 50 percent of dominant species were OBL, FACW, or FAC.
HYDROLOGY
Wetland Hydrology Indicators:
-Recorded Data (Describe in Remarks): Primary Indicators
_Stream,Lake, or Tide Gauge Inundated
-Aerial Photographs -
X Saturated in Upper 12 Inches
Other X Water Marks
X No Recorded Data Available -Drift Lines
Sediment Deposits
-
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: (in.) Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: < 12 (in.) _FAC-Neutral Test
_Other (Explain in Remarks)
Depth to Saturated Soil: < 12 (in.)
Remarks:
Primary and secondary wetland hydrology indicators were observed in the field.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 15, 1995
Mr. Mark Tippett
Land Management Group
P.O. Box 2522
Wilmington, N.C. 28402
Dear Mr. Tippett:
Re: Lowe's Distribution Center
Iredell County
DEM # 95101
FILE COPY
The attached memo from Greg Price discusses in detail information that needs to be
supplied in order for DEM to conclude that no practicable alternative exists to the proposed
fill of 4.7 acres of water/wetlands. As you can tell from the memo, our main interest is in
minimizing the wetland/water impact on the proposed site.. Please provide a detailed
explanation concerning each alternative discussed in the. memo.
I can be reached at 919-733-1786 if you have any questions.
Sincerely,
J R. orney
ater Quality Ce ration Program
95101.mem
cc: Mike Parker, Mooresville Regional Office
Steve Chapin, COE-Asheville Field Office
Lislott Harberts
Central Files
?EHNR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer 50% recycled/ 1096 post-consumer paper
Division of Environmental Management
Ecological Assessment Group
February 9, 1995
MEMORANDUM
To: John Dorney
From: Greg Price
Subject: Lowe's Distribution Center Site Alternatives
Iredell County
The Lowe's Distribution Center proposed site plan raises significant environmental
concerns. Alternative site plans should be carefully considered in order to avoid or
minimize impact to the designated wetlands and stream channels. If alternative sites were
evaluated by Lowes, the DEM should receive those site plans along with a detailed
explanation for their rejection.
Six on-site alternatives have been proposed by DEM staff for consideration by Lowe's
personnel. The alternatives may not be logistically or economically feasible in Lowe's
opinion, but written explanation from Lowe's including cost analysis should be submitted
to DEM to justify rejection of these alternative proposals. It is my opinion that water
quality standards of North Carolina would be better protected if one of the following
proposed alternatives is constructed Altering the dimension and location of the proposed
building seem to be the logical starting point. The proposed alternatives (see attached
maps*) are listed in order of preference and are as follows:
Alternative #1: Change the design of the proposed building (1900'x 800 design by
decreasing length and increasing width (i.e. 1520'x 1000 without changing total square
footage. Move the building west as far as possible and place it in position perpendicular to
that of the original plan. This site alternative would avoid impact to the large tract of
wetlands in the center of the site and length of stream burial would be min?? The
topography in this location appears to be less severe, therefore decreasing excavation costs.
The parking areas can be symmetrically arranged around and in close vicinity of the
building in nonwetland areas. An extension of SR 1917 across SR 1919 could be
constructed to give an additional access to the distribution center.
Alternative #2: Similar to Alternative #1 but use the originally proposed dimensions of the
building. Additional property would have to be purchased above or below the site property
line to accomodate for the building length. Lowe's should determine the availability of this
property. Parking can be arranged similarly to that of Alternative #1.
Alternative #3: Shift building with new dimensions (Alt #1) west as far as possible to
minimize impact of the central tract of wetlands. The parking areas can still be strategically
(not symmetrically) placed in close vicinity of the proposed building in non wetland areas.
Alternative #4: Shift the building of the original dimensions and location east as far as
possible to minimize impact to the central tract of wetlands. Parking can be arranged
symmetrically along three sides of the building away from the central wetland tract. Other
parking could be arranged in nonwetland areas in close vicinity to the building. The
gradient is steeper in the eastern portion of the site property which may require greater .
removal of soil, with increasing construction and erosion control costs. A cost analysis
should be submitted to DEM to discuss the costs.
Alternative #5: Same as Alternative #4 but modify dimensions (Alt #1) of building to
further minimize impact of wetlands and/or stream.
Alternative #6: Similar to Alternative #4 but position the building(new dimensions) in
perpendicular manner. Parking can be arranged symmetrically around the building.
* The map is taken from Lowe's application which is not to scale and is slightly distorted in
shape from Lowe's blue print map.
cc: Lislott Harberts, Forest Care Inc.
437 Walnut Street
Statesville,.NC 28677.
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February 7, 1995
John Dorney
Water Quality Planning
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, NC 27607
Re: 4.70 Acre 401/NWP 26 Approval
Statesville Tract
- Lowe's Distribution Center -
Dear Mr. Dorney:
Enclosed is an 401/NWP 26 request for Lowe's Companies, regarding
the Lowe's Distribution Center - Statesville Tract in Iredell
County, North Carolina to fill/disturb 4.70 acres of jurisdictional
waters of the U.S., including wetlands. This proposed
fill/disturbance will be used for the construction of a 1.5 millon
square foot building and associated parking and storm water
requirements. Included in this submittal is also a conceptual
mitigation plan.
Thank you for your timely response, and should you have any further
questions, please contact me at your convenience.
Res ectfully,
Mark C . ett
Enviro mental Scientist
MT/mt
Enclosure: 7 copies of application
7 copies of Conceptual Mitigation Plan
cc: U.S. Fish & Wildlife
Steve Chapin, USACE
National Marine Fisheries Service
State Historic Preservation Office
DEM ID: `15161 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): NWP 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WII MINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH _ y
P.O. BOX 1890 AND NATURAL RESOURCES 29535
A1TN: CESAW CO-E 28402-1890 PLEIGH, NC 27626-0535 8 1995
Telephone: 910-251-4511 Telephone:(919)-733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. WETLANDS WATER SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. m...-
PLEASE PRINT.
1. Owners Name: Mitch Franklin c/o Lowe's Companies, Inc.
2. Owners Address: P.O. Box 1111, North Wilkesboro North Carolina 28656
3. Owners Phone Number (Home): N/A (Work): 910-651-4822
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mark Tippett c/o Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402 910-452-0001
5. Location of work (MUST ATTACH MAP). County: Iredell
Nearest Town or City: Statesville
Specific Location (Include road numbers, landmarks, etc.): Interstate 77 north to Tomlin Mill Rd (SR 1890).
Go east on SR 1890 approximately 0.5 mile to SR 1919. Go south on SR 1919 to the intersection of SR 1919 and
SR 1917. The site is located east of the intersection of SR 1919 and SR 1917.
6. Name of Closest Stream/River: Rocky Creek
7. River Basin: South Yadkin River
8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[ ] NO[X
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 4.73 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 4.7
Drained:
Flooded:
Excavated:
Total Impacted:4.7
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only): Fill permits needed to place fill in
wetlands for the construction of a Regional Distribution Center for Lowe's Companies.
13. Purpose of proposed work: The proposed work will include the construction of a 950,000 sq.ft. building with associated
parking and stormwater detention basins.
enII a
Map Unit Name
(Series and Phase): Worsham loam Drainage Class: poorly drained
Field Observations
Taxonomy (Subgroup):Typic Ochraquuits Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abunaance/Contrast Structure, etc.
0-6 A 2.5 Y 4/2 loam
6-11 B 5Y 6/1 10 YR 6/6 sand cla loa
11 - 18 Bti 5Y 7/1 10 YR 6/6 sand clay
18 - 34 Bt2 5Y 7/1 10 YR 6/6 clay
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon _Hi?,'i Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor Or;;anic Streaking in Sandy Soils
X Aquic Moisture Regime X LIL A on Local Hydric Soils List
X Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors _Other (Explain in Remarks)
Remarks:
Hydric soil indicators were observed in the field.
W t I LANU Ut I tHMINA I IUN
Hydrophytic Vegetation Present? ' ;; No (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? No
I Remarks:
(Circle)
Is this Sampling Point Witi.in a Wetland? ? No
Land Management Group, Inc.
Post Office Box 2522
Wilmington, N.C. 28402
910-452-0001
SOILS Prniant/Sita•l nwa'c Mctrihutinn Cantar - Rtntacvilla
Perna 9 M9
Map Unit Name
(Series and Phase): Cecil fine sandy loam Drainage Class: well drained
Field Observations
Taxonomy (Subgroup):Typic Hapludults Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc.
0-7 A 10YR 5/4 fine sand loa
7-14 Bti 2.5Y 4/6 clay
14 - 35 Bt2 2.5YR 4/8 silty clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor -Organic Streaking in Sandy Soils
Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
No hydric soil indicators were observed in the field.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes gSp7 (Circle) (Circle)
Wetland Hydrology Present? Yes dqD
Hydric Soils Present? Yes o Is this Sampling Point Within a Wetland? Yes
Remarks:
Approved by HQUSACE 3/92
Land Management Group, Inc.
.Post Office Box 2522
Wilmington, N.C. 28402
910 -452 - 0001
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February 7, 1995
Mr. Steve Chapin
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
37 Battery Park Avenue
Asheville, North Carolina 28801
Subject: Conceptual Mitigation Plan
Lowe's Distribution Center - Statesville Tract
Iredell County, North Carolina
Dear Mr. Chapin:
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On behalf of our client, Lowe's Companies, Inc., we are pleased to submit this additional
information to support our pre-discharge notification for impacts to 4.7 acres of
jurisdictional waters of the U.S., including wetlands on the 211 acre Lowe's Distribution
Center - Statesville Tract located in northern Iredell County, North Carolina (Figure 1).
BACKGROUND
Lowe's Companies is proposing to construct a Regional Distribution Center in Iredell
County, North Carolina which will serve 125 stores throughout five states. The facility
will be approximately 950,000 square feet in size with an additional 570,000 square feet
of future expansion. The Distribution Center will employ approximately 300 people.
IMPACT ASSESSMENT
Jurisdictional waters of the U.S., including wetlands, which would be impacted by the
construction of the Regional Distribution Center total approximately 4.7 acres. These 4.7
acres are comprised of approximately 1.55 acres of bed and bank head water stream and
approximately 3.15 acres of wetlands (Figure 3)(see attached photographs). According
to the Iredell County Soil Survey (USDA 1964), the soils are mapped as Worsham soils,
which are hydric according to the Iredell County Hydric Soil List (Figure 2).
Based on field data points taken in mid-December, 1994, the vegetation within the
wetlands consists of tag alder, black willow and red maple in the overstory; tag alder and
red maple in the shrub/sapling layer; sedges, blackberry, and elderberry in the herb layer.
Mr. Steve Chapin
February 7, 1995
Page 2
CONCEPTUAL MITIGATION PLAN
To compensate for the unavoidable loss of the 4.7 acres of jurisdictional waters/ wetlands
and the associated functions and values, a conceptual wetland mitigation plan has been
developed to create wetlands down stream of the facility (Figure 4)(see attached
photographs). The alternative site selection, reconfiguration of site plan, and this
conceptual mitigation plan are in accordance with the Memorandum of Agreement (MOA)
between the U.S. Environmental Protection Agency (USEPA) and the USACE (February
7, 1990) and the Clean Water Act Section 404(b)(1) Guidelines (40 CFR 230) for the
sequenced approach to mitigation. The following sections outline the practice of
avoidance, minimization and compensatory mitigation through the alternative site
selection, reconfiguration of the site plan to minimize wetland impacts and development
of a conceptual mitigation plan to compensate for the unavoidable impacts to
jurisdictional waters/ wetlands.
Site Selection
Lowe's Companies Real Estate Department reviewed ten potential sites for possible
construction of the Regional Distribution Center. Site selection criteria included: site
had to be in Iredell County, site had to be large enough for proposed building
configuration, close access to a major Interstate (Interstate 40 or 77), and the site had to
be for sale. The following table outlines the nine alternative sites which were reviewed.
Site
1-SR 115&901
2 - SR 901 & Warren Road
3 - NWQ I-77 & I-40
4 - Crawford Industrial Park
Crawford Road, north of I-40
Size Problem
400 acres Not for sale
200 acres Not for sale
104 acres Configuration would not work
109 acres Configuration would not work
5 - North side US 21, east of I-77
6 - North side US 90, west of I-77
7 -South side US 70, west of I-77
8 - Statesville Industrial Park
US 70, east of I-77
9 - East side US 21, south of US 70
100 acres Not for sale; Configuration
would not work
182 acres Configuration would not work
(lake); located behind railroad
90 acres Too small
83 acres Too small; too much traffic on
two lane road
435 acres Difficult access; located behind
railroad line
Mr. Steve Chapin
February 7, 1995
Page 3
After review of the above nine alternative sites, Lowe's Companies, Inc. choose a 211 acre
site located 9/10 of a mile east of Interstate 77 on the south side of Tomlin Mill Road.
This site met size requirements with respect to building configuration; capable of
handling increased truck traffic; close and direct access to I-77;and the tract was for sale
and located in Iredell County.
Reconfiguration of Site Plan
Lowe's Companies, Inc. have evaluated three different options with respect of the
location of the facility in order to minimize the impacts to jurisdictional wetlands.
Option 1
In option 1, the facility is located in the west central portion of the property
(Figure 5). This location places the building on the higher portion of the site,
thereby; not disturbing the existing stream leaving the site to the East. Also, by
placing the building on the higher portion of the site, the grading and drainage
cost are greatly decreased. The stormwater from the project would be piped to a
water quality detention basin along the eastern side of the development and then
released at a pre-development rate to the existing stream to the east.
The eastern portion of the site is heavily wooded and is adjacent to the "Allison
Woods" 900 acre nature reserve. Approximately 1,000 feet of these woods will
remain on our site, leaving a buffer between the Distribution Center and the
nature reserve.
Option 2
In option 2, the facility is located in the eastern portion of the site (Figure 6).
This option would impact all the jurisdictional waters and wetlands on site,
including the stream exiting the site to the east. This configuration creates an
even larger disadvantage because it would require all the stormwater to be piped
to the western portion of the site to a detention pond. From this point, the
discharge would have to be piped back to the eastern property line to an outlet at
the property line. Also, due to the slope on the eastern portion of the site, an
extensive amount of additional grading and associated expenses would be
required.
Option 3
In Option 3, the facility is rotated north to south in the central portion of the
tract (Figure 7). Due to the configuration of the site and the physical size of the
facility, this is not an viable option.
Mr. Steve Chapin
February 7, 1995
Page 4
Lowe's Companies has chosen Option 1 as their preferred site plan. This plan was more
advantageous with regard to construction cost and also avoided impacting the tributary
to the east of the proposed location of the Distribution Center.
Existing Conditions of Proposed Mitigation Site
The Iredell County Soil Survey indicates that a Colfax sandy loam and Chewacla soils are
present on the proposed mitigation site. Based on several hand-auger borings, a fine
textured, bright, well drained silt loam (7.5 YR 4/4) was discovered in the upper 18
inches of the soil profile within the proposed mitigation site. Additionally, free water
was encountered at 16 inches below the soil profile.
Presently, red maple, yellow poplar, sycamore, and ironwood are to dominant overstory
and understory tree species. The herb layer consist mainly of privet and blackberry.
A four to six foot incised tributary (approximately eight feet wide) enters the proposed
mitigation site from the west and flows eastward through the center of the site. Two
smaller tributaries (approximately three feet wide) flow into the central portion of the
mitigation site from both the north and the south.
Proposed Mitigation
As discussed with Mr. John Dorney of the North Carolina Department of Environment,
Health, and Natural Resources and Mr. Steve Chapin of the U.S. Army Corps of
Engineers, Lowe's Companies will mitigate for impacts to the 3.15 acres of wetlands at
a 2:1 mitigation ratio. This will be achieved by the creation of 6.0 acres of riparian
wetlands along the upland floodplain area around the tributaries flowing through the
proposed mitigation site. Multiple water control structures will be installed in the main
tributary for the purpose of raising the water level to the top of the tributaries bank.
This hydrologic modification should create adequate hydrology for the floodplain areas
immediately surrounding the creek channel.
At present, the proposed mitigation site consist of an adequate stocking of facultative or
more hydrophytic tree species (red maple, yellow poplar, iron wood, sycamore and river
birch). For this reason, we are not recommending any vegetative plantings.
A five year monitoring program will be established to evaluate the success of the
mitigation effort. As requested by the USACE, biannual monitoring reports will be
submitted to the USACE for the first three years monitoring and annual for the
remaining two years. This reports will include water well data, qualitative evaluation
of vegetation, and photographs from permanent photograph stations.
Lowe's Distribution Center- LAND MANAGEMENT Site Location Map
Statesville Tract GROUP INC.
Iredell County, North Carolina ., Figure 1
Source: U.S.G.S 7.5 Minute Quadrangle Approximate Scale in Feet
Harmony, N.C. 1969
0 2000 4000
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Source: Iredell County Soil Survey; 1964 r
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Lowe's Distribution Center-
Statesville Tract
Iredell County, North Carolina
LAND MANAGEMENT
GROUP, INC.
Soil Map
Figure 2
Headwater Streams and Creeks - 1.58 acres
,d Wetlands - 3.15 acres
Lowe's Distribution Center-
Statesville Tract
Iredell County, North Carolina
LAND MANAGEMENT
GROUP, INC.
lir
Approximate Scale in Feet
0 675 1350
Jurisdictional 404 Wetlands Map
Figure 3
Lowe's Distribution Center-
Statesville Tract
Iredell County, North Carolina
PROPOSED MITIGATION SITE
LAND MANAGEMENT
GROUP, INC.
Proposed Mitigation Site 11
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Iredell County, North Carolina GROUP, INC.
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Note for John Dorney
From: Preston Howard on Wed, Mar 15, 1995 6:21 AM
Subject: RE: LOWES PROJECT
To: John Dorney; Steve Tedder
THANKS FOR THE PROMPT RESPONSE... REP. MITCHEL SEEMED PLEASED
THAT OUR FOLKS WERE ALREADY WORKING WITH THE COMPANY ON THE
WETLANDS AND NPDES ISSUES.
From: Steve Tedder on Tue, Mar 14, 1995 8:34 AM
Subject: RE: LOWES PROJECT
To: John Dorney
Cc: Preston Howard
thanks NOW THAT'S DEFINITELY "ASAP"
YES BRING THE PACKAGE TO THE 11:00 MEETING.
From: John Dorney on Tue, Mar 14, 1995 8:27 AM
Subject: RE: LOWES PROJECT
To: Steve Tedder
Cc: Greg Price; Jimmie Overton
Funny you should ask. We had a preapplication meeting with
Lowes folks, consultants and COE on 24 January 1995. Applicant
wants to fill about 4.7 acres of wetlands and streams
(Nationwide 26) to build a Lowes Regional Distribution Center
(about 65 acres of impervious surfaces). Applicant applied for
401 on 8 February 1995. On 15 February 1995, I sent a letter to
applicant detailing several designs which could minimize wetland
impact. Applicant met with us in lab on 8 February 1995 to
review their responses. I expect a written response soon. I
talked to Bob Johnson of the COE yesterday and I will call
consultant today to allow them to expand their search for a
mitigation site. They were going to buy 185 acres of adjacent
property to get 8 acres of floodplain of a small wooded stream
to flood. There appear to be better candidate locations for
mitigation nearby. Applicant volunteered mitigation and is
aware that stormwater controls will be required. The question
of wastewater is still unclear - applicant will likely apply for
a NPDES permit for Rocly Creek (off site). Paul Jordan (from
Dept of Commerce) and I have had several concersations about the
project and he seems pleased at progress so far. COE has not
issued 404 permit but will within the next two weeks or so with
a condition for mitigation. A local activist (Lislott Harberts,
Forest Care, Inc.) has been keeping close track of the project
and is threatening a third-party law suit. I can bring the
folder to our morning meeting if you or Preston so desire.
From: Steve Tedder on Tue, Mar 14, 1995 8:10 AM
Subject: RE: LOWES PROJECT
To: John Dorney
Page: 1
Cc: Jimmie Overton
THERE IS A PROJECTIN MOORESVILLE (LOWES STORE) WE HAVE NOT YET
RECEIVED AN APPLICATION FOR THE NPDES PERMIT BUT THERE MAY BE
SOME WETLANDS INVOLVED. SEE IF YOUR FOLKS HAVE ANYTHING IN ON
THIS PROJECT YET. IF SO GIVE ME THE GORY DETAILS AS TO THE
WETLANDS INVOLVED, THANKS AND ASAP THIS ONE HOT I NEED
RESPONSE IMMEDIATELY IF POSSIBLE.
From: Preston Howard on Tue, Mar 14, 1995 8:06 AM
Subject: LOWES PROJECT
To: Steve Tedder
I SPOKE TO KEITH THIS MORNING AND HE IS GOING TO LOOK INTO THE
STATUS OF THE SUBJECT PROJECT. HE INDICATED THAT WETLANDS MAY
BE AN ISSUE ALSO. PLEASE DETERMINE TO WHAT EXTENT WETLANDS ARE
GOING TO BE AN ISSUE ASAP. THANKS!
Page: 2
.QMPANIES_ TNC, ? "One QUIC 100 Best Cntttpa+zies to, Wnr& rQP in Americo!
SITE ASSESSMENT
i
March 16, 1995
To., Mitch Franklin
From. Art fCrrittZAa-
i
Re: Proposed Iredell County Regional Distribution Center
As we discussed, our assemblage of properties for the above captioned properties also included discussions with
other adjacent landowners, which as metalled below, were unsuccessful:
A. On November 11, 1994,1 met with Samny Church to discuss our interest in possibly purchasing
Parcel #154; we never got to acreage or price as he was not interested in selling.
B, After agreeing on the purchase of 28.23 acres out of Parcel T75 with Wade Church, we later
discussed the remaining, approximat210 acres; though Wade preferred to not sell it, he indicated he
might sell if Frank Church would sell 18 acres out of Parcel 138.
C Frank Church was offered $125,000 for 18 acres out of Parc_t #38, but rejected the offer and
countered with $500,000, which we rejected,
Consequently, none of the property discussed herein is under com1raet, nor is there any contemplation today of
purchasing the same. : .
P.O. Box 1111, N'orih Wilkesboro, NC 23656 or 1203 School Stroat tf'flkesbAro, AV 28697 Phone 910-651-- 000
ENGIIYEERING & CONST,R UCTION FAX 910-651-3257
REAL ESTAT-F FAX 910-651-2616
S/b'd 3id S3 -1U3N S3M0-1 WdbT:PO S6, T2 6UW
r
CdiyTT'AN'TF'S INC "Op:e Of tl10 1011 R at otu a i ,fro Work 0 in America!
SITS ASSESSMENT
March 16,1995
Mr. John Dorney
North Carolina DEf1NR!
4401 Reedy Creek Road
Raleigh, NC 27607
.R.t. Lowe`s Distribution Center - Iredeil County Alternative Site Analysis
Dear Mr, Dornev,
As requested in'tlte memorandumfrom Mr, GregPtice ofyour office, we offer thefollowinb R information
to address the alternative analysis for the above referenced location.
Building Design -The number one priority of this facillly is to handle and distribute and transfer of
merchandise from our Suppliers to our stores as efficiently and accurately. as possible. In order to achieve this
objective the shape (length and width) of the facility is influenced by the following factors:
1. Number of stores to be served by the facility: The distribution facility is designed to meet the
current merchandising needs of 125 to 150 stores (150 if expanded). The length of the facility is.
proportional to the required number of shipping doors. This facility will open charged with the
responsibility of supplying merchandise to 125 stores. The facility is designed around the
requirem?nfs of designating a shipping door far each store. This requirement alone 14,0111d make
the facility over 1,500 feet long on the shipping side of the facility.
2. Division of responsibilities within the facility: This jaciliry must be designed around the parameter
of having designated areas of responsibility. The areas of responsibilities are divided into
receiving,; storage, conveyance, shipping and offices. The factor that most affects the site plans is
the necessity to designate one side of the facility for receiving only.and designating an opposite side
for shipping only. This requirement facilitates the sift and efficient flow of merchandise through
the facili&,
3, Building Code Compliance: The North Carolina State Building Code requires a maximum travel
distance of 400 feet to any emergency exit. This requirement is located in table 1103 subnote 7, in
reference to a Orop S - sprtnklered building.
4, Conveyance System Requirements: This facility is designed to utilize the latest in computerized
conveyance systems. The system moves inerehandise from the storage area of the facility to the
shipping ldoor fop the specific store requesting the merchandise. The use of this advanced system
does not I requite any handling of the merchandise from Ilia time it leaves the storage area until it
arrives ai Ilia shipping door to be loaded on the truck.
I
P.O. Box 11111 North Wilkesboro. NC 23M or 1203 School Street Wilkesboro, NC 28697 Phone 510-651-4000
ENGINEERING & CONSTR UMON 1=AX 910-651-3257
REAL ESTATE 1=AX 910-651-2616
S/a'd 31')153 -lU3z1 S3M0-I Wd,-:ti:b0 SS: T2 ddW
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The following lpformation is also being provided to alidress each alternative referenced in the
memorandum:
Alternative #r ; The length and width of this facility has been determined by the design factors
explained prev"sty,
Alternative RZ: The attached Preliminary Site Plan lia.t been prepared to show grapk_ically tltat this
alternative still Impacts the wetland area. The attached letter also addresses the
availability Of adjacent property.
Alternative 93 4 The required length and. width of this facility will impact the wer]Znd area if the
facility is moved to the extreme east or west) The alternative of movbsg the building
to the west side of the site was Included In our previous submittal referenced as
option #Z.
Alternative #5&6 Building configuration and design has been predetermined „ the criteria
referenced previously.
We have diligently explored as many alternatives to the design and function. of our building and site
plans as possible. However, with the restrictions on the shape of the proper{v, the size and design of our building
and the location of the r etlattd area we have not found an aiternatW that will not have an imp=.. If you have
any questions or need additional information or explanations in reference to these issues please let me know,
A
Sincerely,
Mae P Site A. ,?ncr?t
(9 ) 6S !
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Note for John Dorney
-----------------------------------------------------------------
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From: Greg Price on Fri, Mar 24, 1995 9:21 AM
Subject: Lowe's Center Update
To: Jimmie Overton
Cc: John Dorney
Based upon a meeting with Lowes personnel on 8 March 1995 and
their letter concerning alternative sites, John D., Mike Parker
(MRO), and I agreed that Lowe's had no practicable alternatives
to their proposed location of the Distribution Center. Mark
Tippett, consultant for Land Management Group was informed on 23
March 1995 that a 401 certification will be issued once the
mitigation site issue is resolved. Mark is in the process of
locating the mitigation site within a 5 mile radius of the
proposed Distribution Center vicinity.
Page: 1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 27, 1995
Regulatory Branch
Action ID No. 199501925 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Lowe's Companies, Incorporated
c/o Mr. Mitch Franklin
Post Office Box 1111
North Wilkesboro, North Carolina 28656
Dear Mr. Franklin:
Reference your February 7, 1995, application for Department of the Army
(DA) authorization to fill approximately 4.70 acres of headwater wetlands and
stream channel on a 211 acre tract located north of Statesville, just east of
I-77 off of S.R. 1919, in Iredell County, North Carolina. The purpose for the
proposed fill/disturbance is to accomodate the construction of a 1.5 million
square foot building and associated parking and storm water requirements. The
building will house a distribution center which will serve Lowe's stores in
five states. Approximately 1.55 acres of open headwater stream and
approximately 3.15 acres of headwater wetlands will be affected. A
preliminary wetland mitigation plan has been submitted by your consultant,
Land Management Group, outlining the creation of approximately 8'acres of
wetlands in the floodplain of an unnamed tributary to Rocky Creek, just
downstream of the building site.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). In addition to these conditions
and prior to initiating any construction activities in waters and wetlands on
the site, you must submit a detailed wetland mitigation plan that outlines how
Lowes plans to mitigate wetland losses on the project site as proposed by your
nationwide permit notification form. The plan must be approved by this office
prior to implementation.
The purpose of your wetland mitigation plan should be the onsite or
nearby replacement of the functional attributes of the wetland to be lost.
Further, in searching out possible wetland mitigation sites, it is recommended
that your mitigation effort be directed towards restoring prior converted
wetlands or cleared areas that might easily be converted to wetlands. In most
cases, the intrinsic values associated with undisturbed forested floodplains
or other mature forested uplands justifies the avoidance of such areas for
wetland construction/mitigation. Finally, your proposed wetland mitigation
ratio (approx. 2.5:1) is acceptable to this office. The mitigation plan
submitted for review should include the following:
Pruned on 9 Recycled Paper
14
REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 27, 1995
Action ID No. 199501925 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Lowe's Companies, Incorporated
c/o Mr. Mitch Franklin
Post Office Box 1111
North Wilkesboro, North Carolina 28656
Dear Mr. Franklin:
Reference your February 7, 1995, application for Department of the Army
(DA) authorization to fill approximately 4.70 acres of headwater wetlands and
stream channel on a 211 acre tract located north of Statesville, just east of
I-77 off of S.R. 1919, in Iredell County, North Carolina. The purpose for the
proposed fill/disturbance is to accomodate the construction of a 1.5 million
square foot building and associated parking and storm water requirements. The
building will house a distribution center which will serve Lowe's stores in
five states. Approximately 1.55 acres of open headwater stream and
approximately 3.15 acres of headwater wetlands will be affected. A
preliminary wetland mitigation plan has been submitted by your consultant,
Land Management Group, outlining the creation of approximately 8'acres of
wetlands in the floodplain of an unnamed tributary to Rocky Creek, just
downstream of the building site.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). In addition to these conditions
and prior to initiating any construction activities in waters and wetlands on
the site, you must submit a detailed wetland mitigation plan that outlines how
Lowes plans to mitigate wetland losses on the project site as proposed by your
nationwide permit notification form. The plan must be approved by this office
prior to implementation.
The purpose of your wetland mitigation plan should be the onsite or
nearby replacement of the functional attributes of the wetland to be lost.
Further, in searching out possible wetland mitigation sites, it is recommended
that your mitigation effort be directed towards restoring prior converted
wetlands or cleared areas that might easily be converted to wetlands. In most
cases, the intrinsic values associated with undisturbed forested floodplains
or other mature forested uplands justifies the avoidance of such areas for
wetland construction/mitigation. Finally, your proposed wetland mitigation
ratio (approx. 2.5:1) is acceptable to this office. The mitigation plan
submitted for review should include the following:
Printed on 0 Recycled Paper
S
-2-
1) A plan for monitoring vegetation and hydrology for the mitigation
site that will clearly outline how the 3 wetland parameters will be
successfully achieved in accordance with the 1987 Corps of Engineers Wetland
Delineation Manual. The proposal should include a monitoring outline covering
5 years. Biannual reports on the progress of the mitigation will be necessary
for the first 3 years. Then, annual reports for the next 2 years if the
mitigation is successful.
2) A plan that will clearly demonstrate how the mitigation area will be
protected from future development.
3) A timetable for implementing the proposed mitigation plan.
4) A report which outlines the current conditions on the mitigation
area including typical soil profiles, dominant vegetation present in
overstory, subcanopy, herbaceous, and vine layers; and hydrology indicators
(if present). Also, the report should include what the predicted vegetation
will be once the mitigation is in place.
Additional special conditions to this authorization may be required upon final
approval of your mitigation plan. This nationwide permit does not relieve you
of the responsibility to obtain other required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone (704) 271-4014.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
r
-3-
Copy Furnished (without enclosure):
M ohn Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Copy Furnished (with enclosure):
Mr. Mark Tippett
Land Management Group, Incorporated
Post Office Box 2522
Wilmington, North Carolina 28402
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Mitch Franklin
Lowe's Company, Inc.
P.O. Box 1111
North Wilkesboro, N.C. 28656
Dear Mr. Franklin:
RE: 401 Water Quality Certification
Lowe's Regional Distribution Center
Iredell County
FILE copy
In response to recent conversations with Mr. Mark Tippett of the Land
Management Group, the Division of Environmental Management has reviewed the
information that you submitted regarding possible alternative sites and
building locations which could reduce wetland impacts from this facility. We
agree that the Lowe's Company has no practicable alternative to filling about
4.7 acres of wetlands on this site.
As I have discussed with Mr. Tippett, the remaining issues are those of
stormwater pond design and wetland mitigation. The stormwater pond design
issue is of less concern since our experience is that appropriate stormwater
pond designs can be developed as a condition of the 401 Certification. Before
I can issue the 401 Certification for this project, you will need to locate
the wetland mitigation site. This is required so we can be assured that the
site is appropriate and that mitigation is feasible. I am aware that the
search for the mitigation site is ongoing and should be nearing completion.
Once a site is tentatively chosen, please call me so we can schedule a quick
site visit. Once an appropriate mitigation site is selected, I will be able
to issue the 401 Certification. Final mitigation plans (e.g., planting,
monitoring, success criteria, ultimate ownership, etc.) can be developed in
consultation with your consultant after the Certification is issued.
Please call me at 919-733-1786 if you have any questions.
lowes.mem
cc: Steve Chapin , Asheville COE Field Office
Mike Parker, Mooresville DEM Regional Office
Central Files
Greg Price
fI
April 7, 1995
Sincerely,
Jo n R. Dorney
1:3 FE F1
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Note for John Dorney
From: Ron Ferrell on Fri, May 19, 1995 1:08 PM
Subject: Lowe's
To: John Dorney
I have talked w/ Mark Tippet (also left a message for you w/
Steve K) concerning the mitigaiton plan. At this time they have
no info on hydrolgy of site or RFE. I would prefer that we not
have to agree on a final plan until we have some data. He is
going to send you a conceptual plan, which the COE has agreed to
accept, in lieu of the final plan. I would like the opportunity
to work w/ him on this plan so we can learn a little about what
may or may not work. Mark is concerned that Lowe's can't start
construction until final plan approved. Please relay to him
that we will accept conceptual plan until we have necessary data
to develop final plan. Give him deadline of 11/30 for final
plan if you need deadline, we should know what site is like
during the growing season at least by that time.
/Y1w5S
SI-?IRS ?
Page: 1
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 11, 1995
Mr. Mark Tippett
Land Management Group, Inc.
Post Office Box 2522
Wilmington, NC 28402
Dear Mr. Tippett:
?EHNR
FILE COP',-,
Subject: Conceptual Mitigation Plan for Lowe's Distribution Center
DEM Project # 94599
Iredell County
The subject document dated May 25, 1995 has been reviewed. The proposed
mitigation site appears to be acceptable and the conceptual plan as submitted is satisfactory.
However, there is insufficient information to determine if the proposal will eventually be
acceptable. The following information must be submitted prior to final approval of this
proposal.
o Characterization of wetlands lost due to construction of project, i.e. describe the functions
and values being lost.
o Goals and objectives: describe the wetland functions and values that will be replaced by
this project.
o Reference site: a complete description of this site including location, vegetative survey,
soils and existing hydrology.
o Water Budget for mitigation site: describe the sources of water, how the water will leave
the site (e.g. infiltration, ET, surface flow, etc.), predicted frequency of soil saturation
and/or inundation.
o Describe how the stream will be diverted onto the mitigation site and the details
concerning inducing sheet flow, diversion of high flows and how site will be protected
from scouring.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
o Vegetation: the hydrological regime of the mitigation site must be predicted before
selection the appropriate vegetation. = Shrub species may also be desirable if present in
reference site. Market availability should not be the primary factor in determining the
species to plant.
a Monitoring: describe the size, number and location of all permanent plots, the frequency
of monitoring and the parameters that will be monitored.
o Success criteria: these criteria should reflect the analysis of the reference site and the
goals and objectives of the project. In addition these criteria must be measurable and
attainable.
a Remedial actions: describe how invasive species will be controlled and the criteria that
will be used in determining the need to replant, modify hydrology, etc.
a Final disposition of site: describe how the site will be protected and managed.
The information as outlined above is essential before an evaluation of this proposal
can be completed. If you have any questions concerning these comments please contact Mr.
Ron Ferrell at 919-733-0026.
411nn
R. Dorney
Lowes.mit
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Lislott Harberts
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
?EHNR
April 18, 1995
Iredell County
DEM Project # 95101
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Mitch Franklin
c/o Lowes Companies, Inc.
P.O. Box 1111
North Wilkesboro. N.C. 28656
Dear Mr. Franklin:
FILE corn
You have our approval to place fill material in 4.70 acres of wetlands or waters for the purpose
of construction of a regional distribution center for Lowe's company at SR 1919 near I-77, as you
described in your application dated 8 February 1995. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 2671. This certification
allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Additional DEM approval is needed for 1) the stormwater plan and 2) the wetland mitigation plan.
Final plans must be submitted to DEM before construction begins. Mitigation can be done on adjacent
property or (preferably) on a nearby site. In addition, you should get any other federal, state or local
permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sinc ly,
i
P} stop Howard, Jr.
Attachment l
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Mark Tippett; Land Management Group
Lislott Harberts
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
95101.1tr
Telephone 919-733-7015 FAX 919-733-2496
50% recycled/ 10% post-consumer paper