A publication of the Bill Gladstone Group of NAI CIR

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1 A publication of the Bill Gladstone Group of NAI CIR OOverlapping jurisdictions of federal, state, county and local governments and their respective agencies, combined with the interconnected labyrinth of permits and approvals required for the land development process, have caused real estate development in Pennsylvania to become frustratingly confusing. Nothing underscores this sentiment more than the regulation of stormwater discharge created by construction activities. While nearly all municipalities subdivision and land development ordinances regulate the management of stormwater as it relates to subdivision and land development, various federal and state statutes and regulations, often administered by county officials, also govern how stormwater created by real estate development must be handled. May 2012 NPDES Permits for Stormwater Discharges Associated with Construction Activities and the Role of the County Conservation Districts By David J. Tshudy, Esquire and Michelle M. Skjoldal, Esquire Pepper Hamilton LLP In 1990, the U.S. Environmental Protection Agency (EPA) promulgated the federal National Pollutant Discharge Elimination System (NPDES) regulations for stormwater discharges under the federal Clean Water Act. EPA has delegated the administrative duties under these regulations to the Pennsylvania Department of Environmental Protection (DEP). DEP has, for the most part, delegated its administrative duties under the NPDES stormwater regulations as well as DEP s administrative duties under its own Erosion and Sediment Control Program to the 66 county conservation districts throughout the Commonwealth. County Conservation Districts County conservation districts are organized pursuant to the Commonwealth Conservation District Law (3 P.S. 849 et seq.). Upon a determination by a county s governing body (i.e., the county commissioners), that conservation of J.B. Hunt Transport Services, Inc. Announces "Green" Shop Opening in Harrisburg, PA - Facility to Bring 30 New Jobs to Harrisburg Area J.B. Hunt Transport Services, Inc. (NASDAQ: JBHT) held their grand opening in May, 2012 in honor of its new green shop, an energy-efficient maintenance facility, located at 2367 Sycamore Street in Harrisburg, PA. The 42,000-square foot facility, is equipped with a variety of sustainable, energy-efficient features. Additionally, it offers for Harrisburg locals 30 new jobs. Among the sustainable green features used in the facility s construction are the building materials themselves; the structure is a metal building comprised of 90% recycled material. Recycled asphalt, concrete and rock were used as fill, resulting in less construction waste. Polished concrete floors throughout the facility also helped to reduce construction waste and impact on natural resources. The Harrisburg shop also includes other sustainable features in its regular operation, such as LED lights, which consume less energy than other light fixtures, throughout the shop and yard. The Bill Gladstone Group of NAI CIR represented J.B. Hunt on the acquisition of this site. For more information, visit soil and water, and related resources, and prevention of accelerated soil erosion are problems of public concern in the county, and that a substantial proportion of land owners of the county favor such a resolution, the governing body may by resolution declare the county to be a conservation district. Once created, the county conservation district constitutes a public body corporate and politic exercising the public power of the Commonwealth as an agency thereof. County conservation districts are governed by a seven-member board of directors, which is appointed by the county s governing body. The board of directors is comprised of: One member of the county s governing body; 1,3,5 Featured Article 2-7 Featured Listings 8 Recent Deals (Continued on page 3) In This Issue 1 J.B. Hunt Grand Opening 7 Local Events ext wgladstone@naicir.com

2 N E W L I STIN GS pcommercial SALE N. Front Street, Steelton 6,380 SF available; 3,600 SF two-story assembly hall and 2,780 SF single-story church building. Easily accessible and move-in condition. Can host up to approximately 250 people. Average daily traffic count on PA Route 230/N. Front Street is 13,731. pwarehouse SALE Anganese Street, Harrisburg 29,280 SF functional warehouse property for sale. Located along the Sixth Street industrial corridor with quick access to I-81. I N V E S T M E N T L I S TIN GS psale Good Hope Road, Enola 30,114 SF Class A office building in Graystone Corporate Center for sale. Steady cash flow and strong credit tenant all offered below replacement cost. A 10-year lease term on a single-tenant NNN leased property is guaranteed by Graystone Tower Bank. There is essential access to all the Harrisburg MSA and visibility and signage exposure to 73,000 vehicles daily on I-81. psale 210 Walnut Street, Harrisburg 21,600 SF building available to purchase. It doesn't get much better than this, an opportunity to purchase an established building with established tenants in place, all at a prime location in the CBD. Walnut Court is just a few steps from the Capitol Complex, Strawberry Square and restaurant row. CONTACT US TODAY Bill Gladstone Group of NAI CIR ext CIR 2 Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA PA License #RB024320A Commercial Real Estate Services, Worldwide l

3 NPDES Permits (Continued from page 1) Not more than four nor less than two farmers; and Not more than four nor less than two non-farmers. While county conservation districts are granted a panoply of statutory powers, a county conservation district s role as DEP s delegate by agreement to administer and enforce certain DEP regulations has the most direct effect upon real estate development. Erosion and Sediment Control Program Under the statutory authorization granted in Pennsylvania s Clean Streams Law, DEP has established regulations for its Erosion and Sediment Control Program at 25 Pa. Code Chapter 102. As stated above, administration of this program is generally delegated to the county conservation districts. For all earth disturbances of 5,000 square feet or greater and all earth disturbances within high quality or exceptional value watersheds (as determined by DEP), an Erosion and Sediment Control Plan (E&S Plan) must be submitted to the county conservation district for approval. Among other items, an E&S Plan must include within it best management practices (BMPs). The regulations define BMPs as activities, facilities, measures, planning and procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during and after earth disturbance activities. NPDES Permits for Stormwater Discharge Related to Construction Activities Chapter 92a of DEP s regulations (25 Pa. Code Chapter 92a) governs the issuance of NPDES permits and incorporates major portions of EPA s NPDES regulations. Under Chapter 92a, an NPDES permit is required for all earth disturbance activities that involve equal to or greater than one acre of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than one acre of earth disturbance. There are two types of NPDES permits for stormwater discharges associated with construction activities: (1) a General Permit (sometimes referred to as PAG- 02); and (2) an Individual Permit. Most construction activities are covered under a General Permit. An Individual Permit is necessary, however, where the activities include earth disturbance activities that are located in a watershed deemed by DEP to be high quality, exceptional value or exceptional value wetlands, may affect existing water quality standards or threatened or endangered species and habitat, or have the potential for hazardous or toxic discharges. Nevertheless, the same application, titled Notice of Intent for Coverage under the General (PAG-02) NPDES Permit or Application for an Individual NPDES Permit for Stormwater Discharges Associated with Construction Activities (DEP Form 3930-PM-WMM0035, Rev. 11/2010), is used for both General and Individual permits. In addition to the completed application form, a NPDES permit application must include the following major components: E&S Plan Pennsylvania Natural Heritage Program (PNHP) Search Post Construction Stormwater Management (PCSM) Plan Thermal Impacts Analysis (Continued on page 5) COMMERCIAL LISTINGS psale/lease Jonestown Road, Harrisburg 2,880 SF freestanding commercial/retail building available. Located on East Shore's most prominent retail corridor. Large showroom windows overlooking the Colonial Park Mall and Route 22. Average daily traffic count on Route 22 East is 13,117; West is 12,727. psale N. 2nd Street, Harrisburg 3,304 SF available in this 100% leased - 5 unit residential property in the heart of Harrisburg's downtown district. Close to Capitol Complex, Strawberry Square and Restaurant Row. 3

4 C O M M E R C I A L L I STIN GS psale Simpson Ferry Road, Mechanicsburg 11,000 SF 100% leased commercial building. Excellent retail location across from Windsor Shopping Center and near East Gate Shopping Center. Tenants include Battery Warehouse, Miller's Racing Parts, Market Street Music, and Johansen Studios. please 660 Firehouse Road, Grantville 4,000 SF available in East Hanover Township. Brand new construction with functional design. The price is right and the location is convenient to I-81. psale Market Street Road, Penbrook 7,084 SF mixed-used commercial/retail property available in attractive, well-maintained neighborhood. Perfect for user/investor who can use 4,830 SF of warehouse/office flex space, or owner will lease back providing a 100% occupied investment. Includes two drive-in doors. psale Carlisle Pike, Mechanicsburg 2,870± SF commercial building with office/showroom and shop/ warehouse space. Well-situated site on Route 11; located across from Silver Spring Square Shopping Center. Ideal site for high-end retailer; excellent visibility and high traffic volume. Over 30,000 cars daily on Route 11. psale Gettysburg Road, Camp Hill 6,000+/- SF commercial building with more than 20,000 cars passing daily on high traffic corridor. The building was recently renovated and is being sold to include the furniture, fixtures and equipment for continued use as a grocery store. Seller financing available for this turn-key grocery and convenience store. psale N. Third Street, Harrisburg 4,800 SF building in the expanding mid-town area. Redevelopment opportunity for mixed-use project. Located 2 blocks from the new HACC Midtown Campus and new 72,000 SF mixed-use Campus Square Building. please Market Street, Harrisburg Suites 2 and 3 being 2,267 SF and 1,192 SF are available in the heart of metropolitan Harrisburg. They are located along S. Third Street across from the Whitaker Center for the Arts and Strawberry Square, a one million SF mixed-use complex. Harrisburg University and Messiah College are within 1 block. Retailers can capitalize on nearby student housing and daily work-force foot traffic. 4 Rendering please N. 2nd Street, Harrisburg 1,500 SF available in this midtown section of Harrisburg. It sits at a signalized corner in a densely populated residential area. Classic Drycleaners is in the building. CIR Commercial Real Estate Services, Worldwide. Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA PA License #RB024320A l

5 NPDES Permits (Continued from page 3) The E&S Plan, which was discussed above, is necessary under Chapter 102 of the DEP Regulations (25 Pa. Code Chapter 102). The PNHP Search determines whether the proposed project affects threatened or endangered species and their habitats. Applicants with potential impacts to such species or habitats must resolve those impacts prior to submitting their NPDES permit application. The PCSM Plan must identify the BMPs to be installed as part of the project to manage and treat the stormwater discharges to protect water quality after construction. The PCSM Plan must be prepared and implemented in accordance with DEPs Stormwater Best Management Practices Manual. The Thermal Impacts Analysis must evaluate potential thermal impacts associated with the project, and avoid, minimize, and mitigate the changes in surface water temperatures through site development design which utilizes BMPs that address temperature such as reductions in the impervious footprint of the project, capturing and treating the first flush and preservation and installation of riparian buffers. The E&S Plan and the PCSM Plan must be sealed by a licensed professional (Professional Engineer, Land Surveyor, Geologist or Landscape Architect) licensed to practice in the Commonwealth of Pennsylvania. Upon permanent stabilization of the earth disturbance activity and completion of the installation of the BMPs as shown on the PCSM Plan, a notice of termination along with record drawings with a final certification statement from a licensed professional must be provided to the county conservation district. Interplay with the Land Development Process E&S Plan approval and NPDES permitting are necessary in addition to an approved land development plan. Often, the NPDES permit application is submitted by the developer s engineering consultant at or around the same time as the preliminary land development plan, and the NPDES permitting process occurs simultaneously with the approval of the preliminary land development plan. Some municipalities subdivision and land development ordinances require E&S Plan approval and NPDES permit approval prior to the approval of a preliminary land development plan, while other municipalities have adopted the practice of approving preliminary land development plans conditioned upon E&S Plan approval and NPDES permit approval. Although the second approach may seem to a developer to be a more efficient and less expensive approach to obtaining preliminary plan approval, extreme caution must be taken. Should approval of the E&S Plan and NPDES permit require substantial changes in the configuration of lots and roads as they are shown on the preliminary plan, the five-year protection from changed ordinances provided in 508(4)(i) of the Pennsylvania Municipalities Planning Code (53 P.S (4)(i)) may be lost because the final land development plan will not be in accordance with the terms of the approved preliminary application. Instead, the final plan, revised pursuant to the approved E&S Plan and NPDES permit, may be deemed by the municipality to be a new land development application and, as such, subject to the intervening changes in governing regulations. About the Authors: David J. Tshudy is of counsel in the Real Estate Practice Group of Pepper Hamilton LLP, resident in the Harrisburg office. Mr. Tshudy concentrates his practice in the areas of real estate, land use and land development and is experienced in all aspects of real estate development, transactions and financing. Mr. Tshudy can be reached at or tshudyd@pepperlaw.com. Michelle M. Skjoldal is an associate in the Environmental Practice Group of Pepper Hamilton LLP, resident in the Harrisburg office. Ms. Skjoldal s practice focuses on environmental law in the context of litigation, regulatory matters and client counseling. Ms. Skjoldal can be reached at or skjoldalm@pepperlaw.com. INDUSTRIAL LISTINGS p LEASE 28 E. Main Street, New Kingstown 12,073 SF available in this freestanding flex building. Design lends well to commercial and light industrial related uses. Easily accessible from PA Route 11 and centrally located between Harrisburg and Carlisle. Permits manufacturing, processing, packaging, machine shops, sign makers, offices, warehousing, and similar uses. 5 p LEASE Blue Eagle Avenue, Harrisburg 6,000-10,000 SF in modern office/warehouse flex facility. Exposure along I-81 with easy access and less than 1 mile to a full interchange. 18 clear ceiling height.

6 O F F I C E L I S TIN GS please Century Drive, Mechanicsburg 2,000-7,500 SF available on the second floor. 86 in-common parking spaces. Beautiful wraparound ribbon glass window lines and highend finishes in the lobby. Great location for professional, medical and government office uses. please Cumberland Parkway, Mechanicsburg* 3,103 SF available. High-profile building with wraparound window lines and beautiful construction. Quick access to Route 15 and PA Turnpike. psale Girard Street, Harrisburg please E. Park Drive, Harrisburg 1,747 SF well-maintained building available. Property features sprinkler system and large fenced lot. 12 On-site parking spaces available. Former use was a daycare. Bank owned property is priced for a quick sale! please Vartan Way, Harrisburg please Market Street, Camp Hill 3,653 SF attractive office suite in recently renovated building. Good parking ratio and easily accessible from I-83/Union Deposit interchange. 27,500 SF available; subdivided from 2,300± SF. Recent renovations made to the interior and exterior of the building. Quick access to I-81 and the Capital Beltway. 203 parking spaces on-site; all in common. Suites ranging from 462 to 2,126 SF in beautiful architecturally enhanced office building. Finished, turn-key office suites ready for occupancy. Sits at signalized intersection on a busy West Shore commercial corridor with easy access and quick connections to all major highway networks. please Sturbridge Drive, Harrisburg please Colonial Road, Harrisburg 2,000 SF available with new ownership and management- same great high-profile location. This property will undergo substantial capital improvements and interior finish upgrades. The space is ready to be finished to tenant spec and delivered turn-key. 5,400 SF available - can be subdivided. Newly constructed class A office space for medical or professional use. Space is in shell condition, ready to accept a build-out designed to suit tenant. Located in Sturbridge Business Park along Route 39 with access to all amenities including lodging, Super Giant store, eateries, gas, banking, and all major transportation corridors. *It is hereby disclosed that a partner in the ownership of this property is a licensed real estate salesperson in the Commonwealth of Pennsylvania. 6 Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA PA License #RB024320A CIR Commercial Real Estate Services, Worldwide l

7 Bill Gladstone Group of NAI CIR Sponsors Local Events The Bill Gladstone Group of NAI CIR was proud to be a sponsor of the Rutter's 10th Annual Children's Charities Golf Outing. The event was held on May 7th and May 8th at the Out Door County Club in York, PA. The goal of Rutter's Children's Charities is to improve the lives of disadvantaged children. To learn more about Rutter's, visit The Group is also a sponsor of the Great Prostate Cancer Challenge, a 5K Run/1 Mile Fun Walk. The 5K Run/1 Mile walk will be held at City Island in Harrisburg on September 28th at 6 PM. To learn more about this event, visit LAND LISTINGS LOCATION ACRES ZONING TYPE 5140 Jonestown Road & 4 Carolyn Street, Harrisburg, Dauphin County 1.23 Commercial General Sale 260 N. Hershey Road, Harrisburg, Dauphin County 1.57 Commercial Sale 4801 Union Deposit Road, Harrisburg, Dauphin County 1.74 Office Sale Pending - Milroy & Grayson Roads, Lot 16, Hummelstown, Dauphin County 1.92 Manufacturing District Sale Wildwood Park Drive, Harrisburg, Dauphin County 2± Commercial (good restaurant site) Sale East Cumberland Street (Route 422), Lebanon, Lebanon County 2.2 Commercial Sale Route 15, Dillsburg, York County 2.29 Mixed Use Center District Sale Pending Carlisle Pike, Mechanicsburg, Cumberland County 2.47 Highway Commercial Zone Sale Pending Century Drive, Mechanicsburg, Cumberland County 2.78 General Commercial District Sale Adams Drive, Lot 13, Hummelstown, Dauphin County 2.79 Manufacturing District - Limited Sale Union Deposit Rd. & Antonio Dr., Lots #2-8 Harrisburg, Dauphin County 3.28 (R-1) Residential-Low Density Sale 430 Station Road, Grantville, Dauphin County 5.06 Rural Agriculture Sale Good Hope Road Unit #3, Enola, Cumberland County 5.25 Office Sale Samuels Drive, Carlisle, Cumberland County 7.47 High Density Residential & Village District Sale Route 22 & Route 39, Harrisburg, Dauphin County 7.7 (6 lots) Commercial Highway/Office Sale 2300 Linglestown Road, Lot #1B, Harrisburg, Dauphin County 9.37 Commercial Highway District Sale Eisenhower Blvd., Harrisburg, Dauphin County 10± General Commercial Sale Peters Mountain Road, Halifax, Dauphin County No Zoning in Halifax Township Sale 4220 Linglestown Road, Harrisburg, Dauphin County 12.9 Commercial Sale 7700 Derry Street, Harrisburg, Dauphin County (7 lots) Commercial Sale Carlisle Pike (Route 11) Waterford Square, Mechanicsburg, Cumberland County (13 lots) Commercial Sale Pending N. Hershey Road, Harrisburg, Dauphin County 34± Neighborhood Commercial Sale 4600 Carlisle Pike, Mechanicsburg, Cumberland County 1.15 Commercial Limited Lease Pending - Milroy & Grayson Roads, Lot 17, Hummelstown, Dauphin County 1.72 Manufacturing District Sale/Lease 6325 Chelton Avenue, Harrisburg, Dauphin County 3.75 Business Campus Sale/Lease Stoverdale Road & Middletown Road, Hummelstown, Dauphin County 2.32 Neighborhood Commercial Lease Pending - Harrisburg Pike & PA Turnpike, Carlisle, Cumberland County 2.66 Commercial Highway Lease CIR Commercial Real Estate Services, Worldwide l Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA PA License #RB024320A 7

8 psold Knight's View Road, Wrightsville, PA The former Copper Beach Development on Knight's View Road has been sold to a residential developer for single family residential homes. The Bill Gladstone Group of NAI CIR represented the Seller. pleased 1110 Harrisburg Pike, Carlisle, PA The office and garage with large parking area has been leased for use as a used car lot. The Bill Gladstone Group of NAI CIR handled the transaction for both parties. pleased 105 S. Main Street, Biglerville, PA The former Getty Gas Station at this location has been leased to Subway for one if its restaurant operations. The Bill Gladstone Group of NAI CIR represented Getty Realty in the termination of its lease to allow Subway to operate. PRESORTED STANDARD U.S. POSTAGE PAID Harrisburg, PA Permit No. 783 BILL GLADSTONE, CCIM, SIOR NAI CIR PO Box 8910 Camp Hill, PA PHONE:

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