20000280 Ver 1_COMPLETE FILE_20000306

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A*Oft 4 .4, 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 4, 2000
DWQ Project # 000280
Wake County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Pinnacle Park Associates, LLC
1941 Evans Road
Cary, NC 27513
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.95
acres of wetlands and 1,286 linear feet of streams located at Pinnacle Park development in Wake County for
construction of an industrial park as described in your application dated March 6, 2000. Insufficient
evidence is present in our files to conclude that your project must be built as planned in waters and/or
wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as required by 15A
NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you 1) submit a plan for the entire park so we can examine cumulative impacts,
2) address wetland impact minimization to lot 46 and other lots and 3) discuss the stormwater management
planned for this development? Any documentation such as maps and narrative that you can supply to
address alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and to the Mr. Steve Mitchell, Raleigh Regional Office at [phone]. If we do not hear from you in
three weeks, we will assume that you no longer want to pursue this project and we will consider the project
as withdrawn. I can be reached at 919-733-9646 if you have any questions.
incerel .
._J n R. i5vrney
cc: Raleigh DWQ Regional Office 6
Central Files I
File Copy
Raleigh Field Office Corps of Engineers
Nelson Paul; ECPS, Inc.
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
Michael F. Easley, Governor
OtO? W A T ?RQG
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
O <
-i? Division of Water Quality
Mr. Nelson Paul
ECPS Inc.
2216 Dobbin Place
Raleigh, North Carolina 27604
Dear Mr. Previnger:
February 21, 2001
Subject: Project Name: Pinnacle Park
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for stream impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated January 29, 2001, an application requesting
authorization to impact 500 linear feet of stream has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 1,000 linear feet of stream restoration)
for impacts associated with the subject project in Cataloging Unit 03020201 of the
Neuse River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at [phone].
Sincerely,
REF/cvb
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, USACOE
Steve Mitchell, DWQ-RRO
file
A
NCDENR
Customer Service
1 800 623-7748

Ronald E. Ferrell,
Program Manager
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone]
Fax: [phone]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . .. . .. . .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . .. . . . . .. . .. . .. . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . . . . . . . . . . . . . . ............... -- .. . . .. . .. . . . . _
ENWRONNIENTAL CONSULTANTS AND PERMYT SPECIALISTS
2216 DOBBAW PLACE, RALEIGIA NORTH GAROLMA 27604
TELEPHONE: 91%237.4409 " FAGSMAXEzr 919.23X.737'1 " E4M9-: mgpomfewin4wring.com
March 6, 2000
North Carolina Division of Water Quality r
Attn.: John Domey ®2.8 0 ? 6 ?
4401 Reedy Creek Road OR ?m
Raleigh, North Carolina 27607
L?NDS GROUP
Subject: PINNACLE PARK, APEX, NORTH CAROLINA WATER QUALITY SECTION
NATIONWIDE PERMIT 26 APPLICATION
Gentlemen,
This letter is to transfer the application for Nationwide Permit 26 (NWP 26) authorization of the
above-mentioned project. Application copies have been submitted to the commenting agencies
and to the US Army Corps of Engineers. Please review this project for impacts relative to the
specific area of expertise for which your agency is responsible.
Please note that this permit application is being submitted without prejudice to the
applicant's request for a written determination by the District Engineer that Pinnacle
Park, the subject of this application, has an exemption pursuant to Nationwide Permit 26
(NWP 26) as described in the paragraph entitled "Subdivisions." This exemption request
was submitted to the Corps by way of a letter addressed to Mr. Ken Jolly dated
November 29, 1999. The application for exemption was made through attorney John
Cooke of Womble Carlyle Sandridge and Rice, Raleigh, North Carolina.
Because of the ongoing modifications to the Corps regulations, the length of time the
Corps has been reviewing the applicant's pending request for a written determination by
the District Engineer and the request by the Corps for more impact information in
connection with its evaluation of the applicant's request for a written determination, the
applicant has submitted this application as both a PCN and as a supplement to its
request for a written determination by the District Engineer.
Please provide copies of any comments your office may have regarding this project. Thank you
for your assistance and please feel free to call me at [phone] should you have any
questions.
Cordially yours,
ECPS, Inc.
PAYMENT
• P44 RECEIVED
Nelson G. Paul
General Manager/Land Use Consultant

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlanas Delineation Manual)
. X
Proiect/Site: tJa ?e? r Date: 3 '7 9 I
Applicant/Owner: County: a
Investigator: o o State: e?
Do Normal Circumstances exist on the site? ?F
No Community ID: I
Is the site significantly disturbed (Atypical Situation)? No
s Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.) I
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
2._e.>. 6(?- y=-A6LJ 1o.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
a. 16.
Percent of Dominant Species that are OBL. FACW or FAC
o
(excluding FAC•). 00 O r"% r2 M
Remarks:

HYDROLOGY
Recorded Oats IOsaoribe in Remarks):
_ Stream, Lake, or ride Gauge
_ Aerial Photographs
_ Other
_ No Recorded Data Available Wetland Hydro gy Indicators:
Primary I icators:
_ Inundated
_ Saturated in Upper 12 Inches
_ Water Marks
Drift Lines
_
Sediment Deposits
Field Observations: _
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches
r.
Depth to Free Water in Pit: t: (in.) _ Water-Stained Leaves
_ Local Soil Survey Oats
FAC-Neutral Test
Ceptn to Saturated Soil: fin.) _
_ Other (Explain in Remarks)
Remarks:
n ?
rn
crn
rn z
q
C
C
4
3-3
SOILS

,W,
Map Unit Name I1
II
ns
P
M
OC-5 "
L
J
_
a
e and
hase):
W
,_, C
5t"
, t Drainage Class:
Feld Observations
Taxonomy (Subgroup): Confirm Maoosd Tvps? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Motifs Texture, Concrstio
finches) Horizon (Munsell Moist) (Munsed Moist) Abundance/Contrast St re
00C?
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histio Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Suifldio 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-Chrome Colors _ Other (Explain in Remarks)
Remarks:
MAR
WETLAND DETERMINATION
?i
(.___-- ._..F._ ...,., m
WETLANDS Gk()UP
b"ATER QUALITY 111,71N
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wedend Hydrology Present? a No
Hydric Soils Present? ss No Is this Sampling Point Within a Wedand? Yss No
II Remarks:
ooroveo ov
3-4

LJ21(G-'JCAS S
Project/Site:s Date: t a1'7 I
Appiicant/Owner: .? l OuJQ. County: a Q.
Investigator: State:
Do Normal Circumstances exist on the site? a No Community ID: I
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: I
Is the area a potential Problem Area? Yes 19 Plot ID:
(If needed, explain on reverse.) I
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
VEGETATION '
Dominant Plant Species 'Stratum Indicator
1. ?1 .. dp rv? o :rt_ Dominant Plant Species Stratum Indicator
9.
lo.
3. (,;r: yo1P..ldrotJ -t'UI:P . `T ??G 11.
4 jw.:.?ay ?win .=?J0 1r 12.
C44-0 V 13.

7. ?a x r1' ?rG SS 14.
15.

Percent of Dominant Spool so that are OBL. FACW or FAC
(excluding FAC-). I Db%
Remarks:
HYDROLOGY
_ Recorded Oats (Describe in Remarks):
_ Stream, Lake; or Tide Gauge
_ Aerial Photographs
Other
`r No Recorded Oats Available Wetland Hydrology Indicators:
Primary Indicators:
nundsted
?'atursted in Upper 12 Inches
_ Water Marks
_ Orift Lines

Field Observations: _ Sediment Osposits
rainage Patterns in Wetlands

Osoth of Surface Water: (in.) Seconda Indicators 12 or more required):
Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Osoth to Free Water in Pit: (in.) Local Soil Survey Oats

Ceptn to Saturated Soil: C> - tin.) _ FAC•Neutral Test
_ Other (Explain in Remarks)
Remarks:
3-3

SOILS
Mao Unit Name
r
t'' j
W
,....
(Series and Phase):
jl3
0 ?H Drainage Class:
Feld Observations
Taxonomy ISubgrouoi: Confirm Mecood Tvpe? Yes No ..
Profile Oescriotion:
Oepth Matrix Color Mottle Colors Motde Texture, Concretions,
i
c
h
Horizon? (Munsell Moist)
iMunsed Moistl
(
n
s Abundencs/Contrast Structure. Ste.
,
.
??
-??
??
e?
?i
Y -
-----------? 04=k v n,
Hydrio Soil Indicators:
_ Histosd _ Concretions
_ Hisdo Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ quit Moisture Regime _ Listed on Local Hydric Soils List
educing Conditions _ Listed on National Hydric Soils List
Gieyed or Low-Chrome Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? a No
Hydric Soils Present? ` es No Is this Sampling Point Within a Wetland? es No
Remarks:
3-y

0,&+A
s
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands"Delineation Manual)
Project/Site: r?44J"A CA ia? GJ- Date, 7 9 `7
Applicant/Owner, bv.Ia, County, a ,Z
Investigator: o.,. State:
Do Normal Circumstances exist on the site? Si No Community ID:
Is the site significantly. disturbed (Atypical Situation)? Yes o Transect ID:
Is the area a potential Prdblem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. uer-r S okAID'S -?RG„J Dominant Plant Species Stratum Indicator
s.
2. t v?..•S Gn.oN ik rAcdej
, 10.
3. . a Acid 1."
LA
4. 0 12.
S. 13.
8. 14.

7. _

15.
8. 18.

Percent of Dominant Species that are OBL. FACW or FAC
(excluding FAC•). j 00 Go
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs nundsted
/
_ Other
ZNo Reeorded Oata Available saturated in Upper 12 Inches
:
_ Water Marks
Drift Lines

Feld Observations: _
_ Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more requiredl:
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches

Depth to Free Water in Pit: (in.) _ Water-Stained Leaves
_ Local Soil Survey Data
FAC-Neutral Test
Deptn to Saturated Soil: -Nn.) _
_ Other IExplain in Remarks)
Remarks:
i
3-3

Mao Unit Name r
(Series and Phase): V" ° t N a w?
So ?.JG? ?, I oA w?. Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color
(inches) Horizon (Munsell Moistl Mottle Colors Mottle Texture, Concretions,
(Muneed Moist) AbundancelContrast Structure, etc,

Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histio Epipsdon
_ Sulfidio Odor _ High Organic Content in Surface Layer in Sandy Soils
rganic Streaking in Sandy Soils
_ quip Moisture Regime sted on Local Hydric Soils List
educing Condl 'one
Gleyed or Low hroms Colors listed on National Hydrio Soils Ust
_ Other (Explain in Remarks)
Remarks:
v
WETLAND DETERMINATION
Hydrophytic Vegetation Psresont? No (Circle) (Circle)
Wetland Hydrology Present? as No
Hydric Soils Present? so No Is this Sampling Point Within a Wetland? es No
II .
3-4
00028 0
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERM MIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPL,I lTVA r . q '_.... fl
FOR NATIONWIDE PERMITS THAT REQUIRE: 2000
1) NOTIFICATION TO THE CORPS OF ENGINEERS '- WER AN ` FI
2) APPLICATION FOR SECTION 401 CERTIFCATION ' `
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD.
rri
RALEIGH, NC 27607. PLEASE PRINT OR TYPE. o
--i
1. OWNER'S NA.ME: 1 "Qr?Aata, Pu rI< SSoG o??S L .C
2. MAILING ADDRESS:
SUBDIVISION NAME ` af'k
CITY: _ T STATE: I's G ZIP CODE: Z-7 S ( 3
PROJECT LOCATION ADDRESS, IY a 5.LUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAII.ING-ADDRESS ABOVE):( v - X
3. TELEPHONE NUMBER: (HOME) (WORK) gSC-
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: /?
?PJI60rj G. ?(,La.I ?G?S. TAG
7p7ik. Oo.e,&-
F. A le, : c1 L. Z.`l (, ?? (9
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: t34? l .
(q-lI E:"Jais f?zo olol
- NEAREST TOWN: A my
L aC?o? w1 a p cx 14cl- e-o(
SPECIFIC LOCATION (INCLUDEr ROAD NUMBERS, LANDMARKS, ECT.)
< < U y1 l J`am' ~ 1 f ?A K Q- cA l' ?j y V r r?X :+ o 'j
d J ?'ao? 5?i . ?1
6. IMPACTED OR NEAREST STREAM/RIVER: Pn '• jj t e..
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO (>( , ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (X )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEEPAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
ri /?
$a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( ) NO (x) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANYDITIONAll INFgRMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ,Sd-Q- a+ as ?d )
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1-40- 34
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROTECT SITE:
3. to L
IOa. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:

FILLING: EXCAVATION:
FLOODING: OTHER :
DRAAINNAGE : TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: _
WIDTH BEFORE (based on normal high water contours):
AVERAGE DEPTH BEFORE: FT AFTER:
FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION
OTHER:
COONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAIlYING TO THE POND? WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
54.E GGt G? Q? 1
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
/WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
e'4? CA, 4-A
AFTER:
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT ARFA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: 3 2 00
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
W C MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
? vb
17. DOES THE PROJECT IIVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO (-/,) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMIMSTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE' WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
`moo ??..r a-F- ex L l _ cr
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) E=R THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
f G/OO
OWI R'S/AGEi 'S SIG ATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
APPLICATION SUPPLEMENT
PINNACLE PARK
APEX, NORTH CAROLINA
Question No. - Answer
8a. This permit application is being submitted without prejudice to the
applicant's request for a written determination by the District Engineer that
Pinnacle Park, the subject of this application, has an exemption pursuant to
Nationwide Permit 26 (NWP 26) as described in the paragraph entitled
"Subdivisions." This exemption request was submitted to the Corps by way of a
letter addressed to Mr. Ken Jolly dated November 29, 1999. The application for
exemption was made through attorney John Cooke of Womble Carlyle
Sandridge and Rice, Raleigh, North Carolina.
Because of the ongoing modifications to the Corps regulations, the length
of time the Corps has been reviewing the applicant's pending request for a
written determination by the District Engineer and the request by the Corps for
more impact information in connection with its evaluation of the applicant's
request for a written determination, the applicant has submitted this application
as both a PCN and as a supplement to its request for a written determination by
the District Engineer.
10a. Table of wetland/stream impacts
TABLE 1
PINNACLE PARK
WETLAND/STREAM IMPACTS
WETLAND/
STREAM STREAM
LOT NO./ IMPACTS IMPACTS
AREA SF ACRES LF
GOODWORTH DR. 1,584 0.04
14 2,678 0.06 185
15 2,202 0.05 488
16 6,400 0.15 266
17 2,106 0.05 346
38 5,886 0.14
39 3,449 0.08
40 598 0.01
46 3,949 0.09
56 786 0.02
76 3,987 0.09
78 2,240 0.05
79 5,603 0.13
TOTAL: 41,468 0.95 1,286
1 of 2
12. The project will involve the clearing and grubbing of individual lots,
grading and/or filling of land surfaces, construction of buildings and parking lots.
Equipment to be used will be typical construction equipment, such as bulldozers,
excavators, graders, dump trucks, concrete trucks, etc.
13. The purpose of this application is to complete the development of
Pinnacle Park in accordance with the original intent of the owners as
demonstrated in the previous documentation.
14. The streams and wetlands of the project have been delineated. The
majority of streams and wetlands are postioned along the rear of lots or along
side lot lines. The owner has taken (and will continue to take) reasonable
measure to avoid impacting these areas. The anticipated stream and wetland
impacts arise where stream and wetland areas encroach into the central portions
of the subject lots. The project impacts are the minimal amount required to meet
the project purpose and reducing impacts further would frustrate the owner's
investment-backed expectations.
2 of 2
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ENWRONIMENrAL CONSULTANTS AND PERMMT SPECIALISTS
2216 D088ANPLACE. RALEAGPA NORTH f:AROCANA 27604
TELEPHOME. 919.231.4409' FAGSNVJXLE. 919.231.1311 ' E4MlU7: 1f9PZR1 gw 1H~r1ff9.c0M
March 6, 2000
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: PINNACLE PARK, APEX, NORTH CAROLINA
NATIONWIDE PERMIT 26 APPLICATION
Gentlemen,
This letter is to tnansfer the application for Nationwide Permit 26 (NWP 26) authorization of the
above-mentioned project. Application copies have been submitted to the commenting agencies
and to North Carolina Division of Water Quality. Please review this project for impacts relative
to the specific area of expertise for which your agency is responsible.
Please note that this permit application is being submitted without prejudice to the
applicant's request for a written determination by the District Engineer that Pinnacle
Park, the subject of this application, has an exemption pursuant to Nationwide Permit 26
(NWP 26) as described in the paragraph entitled "Subdivisions." This exemption request
was submitted to the Corps by way of a letter addressed to Mr. Ken Jolly dated
November 29, 1999. The application for exemption was made through attorney John
Cooke of Womble Carlyle Sandridge and Rice, Raleigh, North Carolina.
Because of the ongoing modifications to the Corps regulations, the length of time the
Corps has been reviewing the applicant's pending request for a written determination by
the District Engineer and the request by the Corps for more impact Information in
connection with Its evaluation of the applicant's request for a written determination, the
applicant has submitted this application as both a PCN and as a supplement to its
request for a written determination by the District Engineer.
Please provide copies of any comments your office may have regarding this project. Thank you
for your assistance and please feel free to call me at [phone] should you have any
questions.
Cordially yours,
ECPS, Inc.
r
Nelson G. Paul
General Manager/Land Use Consultant
.........
............ ............
............... .. ... ............... ...
... ..............
ENVIRONMENTAL CONSULTANTS AND PERANT SPECIALISTS
22160O88INPLACC RALEIGIA, NORTH CAROLINA 27604
TEI EPHONE: 91&231-4409 ^ FACSIV70a[.E.• 919.231.1311 " E.MAAL: ngp&m1*w1Jv~rlwg.c*m
March 6, 2000
North Carolina Division of Water Quality
Attn.: John Domey
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Subject: PINNACLE PARK, APEX, NORTH CAROLINA
NATIONWIDE PERMIT 26 APPLICATION
Gentlemen,
This letter is to transfer the application for Nationwide Permit 26 (NWP 26) authorization of the
above-mentioned project. Application copies have been submitted to the commenting agencies
and to the US Army Corps of Engineers. Please review this project for impacts relative to the
specific area of expertise for which your agency is responsible.
Please note that this permit application is being submitted without prejudice to the
applicant's request for a written determination by the District Engineer that Pinnacle
Park, the subject of this application, has an exemption pursuant to Nationwide Permit 26
(NWP 26) as described in the paragraph entitled "Subdivisions." This exemption request
was submitted to the Corps by way of a letter addressed to Mr. Ken Jolly dated
November 29, 1999. The application for exemption was made through attorney John
Cooke of Womble Carlyle Sandridge and Rice, Raleigh, North Carolina.
Because of the ongoing modifications to the Corps regulations, the length of time the
Corps has been reviewing the applicant's pending request for a written determination by
the District Engineer and the request by the Corps for more impact information in
connection with its evaluation of the applicant's request for a written determination, the
applicant has submitted this application as both a PCN and as a supplement to its
request for a written determination by the District Engineer.
Please provide copies of any comments your office may have regarding this project. Thank you
for your assistance and please feel free to call me at [phone] should you have any
questions.
Cordially yours,
ECPS, Inc.
Nelson G. Paul
General Manager/Land Use Consultant
.............
ENVIRONMENTAL CONSULTANTS AND PERMT SPECIALISTS
2216 DORDW PLACE. RALEIGPA NORT" C.AR01 *VA 27604
7ELEPHONF 919.231.4409 * fAGSMVIDOLE. 919.231.1311 ^ f,fVFAN: »9PzW1 W1JV lsprAvy.coJw
March 6, 2000
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
State Historic Preservation Office
N.C. Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27601
Subject: PINNACLE PARK, APEX, NORTH CAROLINA
NATIONWIDE PERMIT 26 APPLICATION
Gentlemen,
This letter is to notify you of the proposed project, indicated above, is under consideration by the
U.S. Army Corps of Engineers for Nationwide Permit 26 authorization. Additionally, the State of
North Carolina, Division of Environmental Management is considering this project for 401
General Certification. Please review this project for impacts relative to the specific area of
expertise for which your agency is responsible.
Please note that this permit application is being submitted without prejudice to the
applicant's request for a written determination by the District Engineer that Pinnacle Park,
the subject of this application, has an exemption pursuant to Nationwide Permit 26 (NWP
26) as described in the paragraph entitled "Subdivisions." This exemption request was
submitted to the Corps by way of a letter addressed to Mr. Ken Jolly dated November 29,
1999. The application for exemption was made through attorney John Cooke of Womble
Carlyle Sandridge and Rice, Raleigh, North Carolina.
Because of the ongoing modifications to the Corps regulations, the length of time the
Corps has been reviewing the applicant's pending request for a written determination by
the District Engineer and the request by the Corps for more impact information in
connection with Its evaluation of the applicant's request for a written determination, the
applicant has submitted this application as both a PCN and as a supplement to its
request for a written determination by the District Engineer.
1 of 2
Please provide copies of any comments your office may have regarding this project. Thank you
for your assistance and please feel free to call me at [phone] should you have any
questions.
Cordially yours,
ECPS, Inc.
4AV.- 4
Nelson G. Paul
General Manager/Land Use Consultant
CC: John Cooke
Attachments
2of2
r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199821210
Mr. Brantley Powell
Pinnacle Park Associates, LLC
1941 Evans Road
Cary, North Carolina 27513
Dear Mr. Powell:
September 13, 2000
'. x,0920
tII'g SECZ
W#t?.
Reference is made to the letter of August 23, 2000, submitted on your behalf by Mr. John
Cooke of Womble Carlyle Sandridge & Rice, which reflects modifications to the Department of
the Army (DA) Pre-Construction Notification (PCN) received on March 6, 2000. The letter
identifies revised impacts totaling 0.87 acre and 500 linear feet of stream bed associated with the
construction of the Pinnacle Park Commercial Development, located southeast of the intersection
of US 1 and NC 58, near Apex, Wake County, North Carolina. The project is adjacent to, and
above the headwaters of an unnamed tributary of Middle Creek in the Neuse River Basin.
Nationwide Permit General Condition 19 mandates that projects must be designed to avoid
and minimize adverse effects to waters of the United States to the maximum extent practicable at
the project site (i.e., onsite). It also states that mitigation will be required when necessary to
ensure that the adverse effects to the aquatic environment are minimal. On August 31, 2000, Mr.
Todd Tugwell of my staff met with Mr. Nelson Paul to discuss how this pertains to your recent
permit application modification. Mr. Tugwell advised Mr. Paul that the present mitigation
proposal is not sufficient to offset impacts to aquatic resources which would result from the
proposed development. Furthermore, he recommended various modifications to your present
project that would either reduce impacts to streams on the site or, if this is not possible, provide
significant increases in your proposed mitigation, thereby allowing your project to receive a more
favorable review from the agencies evaluating your project. Specifically, consideration should be
given to preserving remaining streams on site that will not otherwise be impacted by existing
utility easements, or by providing for mitigation through payment into the North Carolina
Wetland Restoration Program.
Your response to the above concerns is essential to our expeditious processing of your
application. Also, a copy of your response should be sent to the North Carolina Division of
Water Quality to enable them to adequately evaluate your application for a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
r
Please be reminded that issuance of DA authorization must precede any placement of
excavated or fill material within any waters of the U.S., including wetlands, on your property.
Should you have any further questions regarding submittal of a DA permit application or wish to
schedule a pre-application consultation with interested Federal and State agencies, please do not
hesitate to contact Mr. Todd Tugwell, Raleigh Regulatory Field Office, at telephone (919) 876-
8441, Extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Nelson Paul
ECPS, Inc.
2216 Dobbin Place
Raleigh, North Carolina 27604
Mr. John Cooke
Womble Carlyle Sandridge & Rice
Post Office Box 831
Raleigh, NC 27602
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
0d 0 7,,- K°
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 10, 2000
Regulatory Division
Action ID. 199821210
Mr. H. Brantley Powell
Pinnacle Park Associates, Inc.
1941 Evans Road
Cary, North Carolina 27513
Dear Mr. Powell:
AIR 1 7 2(100
WMANDS GROLIF
WATER UALITY SECTPN

Please reference the ovember 29, 1999 letter from your, attorney, Mr. John Cooke of
Womble C ridge & Rice, regarding your proposed construction of Phases 2, 3 and 4
of t mn cle P commercial development, near Apex, Wake County, North Carolina.
Mr. etter requested confirmation of the exemption from the "subdivision rule" in
determining the applicability of nationwide general permit No. 26 to the project. Reference is
also made to your subsequent pre-construction notification of March 6, 2000, regarding
Department of the Army (DA) nationwide permit authorization to discharge fill material within
waters of the United States, causing adverse impacts to 0.95 acre of waters of the United States,
including wetlands, adjacent to unnamed tributaries to Middle Creek.
As stated at Title 33 of the Code of Federal Regulations, Part 330, Appendix B, under "26
Headwaters and Isolated Waters Discharges," a subdivision is exempt only if the District
Engineer makes "a written determination that ... (t)he individual and cumulative adverse effects
would be minimal...." Based on the inspections of the site by Mr. Eric Alsmeyer of my Raleigh
Field Office staff, and the proposed impacts indicated in your pre-construction notification of
March 6, 2000, we have determined that your proposed filling activities will result in more than
minimal adverse environmental effects. The stream which would be impacted by the proposed
development of lots 14 through 17, a tributary to Middle Creek, and its adjacent riparian zone,
perform important water quality, wildlife habitat, and flood protection functions. The stream
corridor serves as a natural filter for sediments, nutrients and other pollutants coming from over
140 acres of upslope area that has been or will be developed with commercial facilities, parking
lots and roads with a large percentage of impervious surface. This water quality function is
especially important in the headwaters of Middle Creek, which hosts federally endangered
mussels in its lower reaches.
-2-
The corridor provides an avenue for the transfer of water, nutrients, sediment, particulate organic
matter, and organisms. The stream corridor contains plant communities that are diverse from
the adjacent slope areas, provides a corridor for wildlife movement throughout the drainage area,
and provides food and habitat for other wildlife, including various amphibians. The corridor also
serves as a storage area for floodwaters and slows down flood flows, reducing flood peaks and
lessening flood impacts downstream. The proposed impacts would remove most of these
functions from 1,286 linear feet of stream.
You are hereby notified that your proposed discharge of fill material into waters of the Unites
States, as described in your pre-construction notification of March 6, 2000, does not qualify for
the exemption from the subdivision rule based on more than minimal individual and cumulative
adverse effects. In addition, the proposed project does not qualify for nationwide permit
authorization, pursuant to Title 33 of the Code of Federal Regulations, Section 330.1(d), which
states that if the District Engineer "finds that the proposed activity would have more than
minimal individual or cumulative net adverse effects on the environment ... he shall instruct the
prospective permittee to apply for a regional general permit or an individual permit." Should you
wish to further pursue DA permit authorization, you have the option of either applying for an
individual DA permit, or reapplying for nationwide permit authorization with a modified
proposal which reduces, to the maximum extent practicable, impacts to important stream
channel. If you reduce the impacts to important stream channel, we will evaluate the revised
proposal to determine if the individual and cumulative adverse effects would be minimal. We
recommend that you coordinate a meeting with our office and the North Carolina Division of
Water Quality to review your proposal, including potential minimization of jurisdictional impacts
as well as mitigation, prior to the resubmittal of a permit application.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to minimize
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your future application in ,
full compliance with this MOA, we request that you provide the following information when you
submit your permit application for review:
a. Please furnish information regarding any other alternatives, including upland
alternatives, to the work for which you have applied and provide justification that your selected
plan is the least damaging to waters of the United States.
-3-
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done, especially regarding development and
modification of plans and proposed construction techniques, including layout of lots, to minimize
adverse impacts. .
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate and practical
measures.
This information is essential to our expeditious processing of any application you may submit.
Mr. Alsmeyer is available to meet with you to further discuss your project and/or answer any
questions you may have. He can be reached at telephone [phone], Extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Copies Furnished:
Mr. John C. Cooke
Womble Carlyle Sandridge & Rice
Post Office Box 831
Raleigh, North Carolina 27602
Mr. Nelson G. Paul
ECPS, Inc.
2216 Dobbins Place
Raleigh, North Carolina 27604
Mr. John Dorney _
ivision of Water Quality
.C. Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
PINNMLZf1ASKjPMO6tA1Ut" Quality Check Number: 1218 0U1218
-` Check Date: Mar 1, 2000
Check Amount: $475.00
Item to be Paid - Description Discount Taken Amount Paid
401 475.00
Certificatio -?