20001456 Ver 2_401 Application_20070925

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BSC GROUP
trar:st~7rmir~ * ~e E. r,n?a~ _.>r:v±~„n;er~c 7oi Corporate Center Dr.
September 21, 2007 su'te'63
Raleigh, NC z76o7
Mr. Ian McMillan
Division of Water Quality Tel: 9-9-854-ogu
401/Wetlands Unit goo-Zas-srZ3
1650 Mail Service Center Fax: [phone]~2
Raleigh, NC 27699-1650
www.bscgroup.com
Re: Permit Application Materials
Gateway Centre, Cary, NC
BSC Project #07008.00
Dear Mr. McMillan:
I've enclosed seven (7) copies of our permit application materials for your review. We
are requesting Section 404/401 Permit approval for the referenced project.
The enclosed materials are:
• Pre-Construction Notification Application
• Appendix A: Figures and Exhibits
• Appendix B: Neuse River Buffer Determination
• Check for fees (Amount: $475)
Thank you for you assistance regarding this matter. Please contact me at 919-854-0811
or via email at tdickerson(c~bs~roup.com if you have any questions or need any
additional information.
Very truly yours,
BSC Group '~~' ' ~ S
r ~~' ~~
r

~. .~

Trevor Dic erson tom- ~c~~ ~
~~
~ ., •~ _ ~ z
Environmental Scientist ~
Engineers
`
~ Environmental
' Scientists
Marco Hilhorst, Professional Wetland Scientist G[S Consultants
Ecological Project Manager/ Scientist
Landscape
CC: Jamie Shern, USACE Architects
Gregg Sandreuter, Hamilton Merritt, Inc. Planners
Surveyors

~~- BSC GROUP
t:arsf~srmirsg the i~u^na:; ~?~§v!?'onrYa~hk
September 21, 2007
Mr. Jamie Shern, Project Manager
U.S. Army Corps of Engineers
Raleigh Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Re: Permit Application Materials
Gateway Centre, Cary, NC
BSC Project #07008.00
Dear Mr. Shern:
I've enclosed the copy of our permit application materials for your review. We are
requesting Section 404/401 Permit approval for the referenced project.
The enclosed materials are:
• Pre-Construction Notification Application
• Appendix A: Figures and Exhibits
• Appendix B: Neuse River Buffer Determinations
Thank you for you assistance regarding this matter. Please contact me at 919-854-0811
or tickerson c(re,bscgroup.com if you have any questions or need any additional
information.
Very truly yours,
BSC Group

Trevor Dickerson
Ecological Scientist
Marco Hilhorst, Professional Wetland Scientist
Ecological Project Manager/ Scientist
~ , , ~'~„x ~ `. l
1, . _ ... ., ~'
~° ,~ ,__ ~ ~, L 200

CC: Ian McMillan, NCDWQ (w/ enclosures)
Gregg Sandreuter, Hamilton Merritt, Inc. (w/ enclosures)
70~ Corporate Center Dr.
Suite -63
Raleigh, NC 27607
Tel: q~q-854-o8n
800-288-823
Fax: 9~9-854-o8~z
www.bscgroup.com
Engineers
Environmental.
Scientists
G[S Consultants
Landscape
Architects
Planners
Surveyors

Office Use Only: F1orm Version March 05
USAGE Action ID No. DWQ No. ~ ~ -' ~ "~~~ U
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ~ ~-~ .
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II. Applicant Information ~o~ (~{~
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1. Owner/Applicant Information
Name: Hamilton-Merritt Inc. ~~~.~~~ '~~`'T'~~~'~`~'~`~"~~ }~c~1
Mailing Address: c/o BSC Group ~y~rl.s,~~`,~:,.,.
701 Corporate Center, Suite 163
Raleigh, NC 27607
Telephone Number: [phone] Fax Number: (919) 854 -0812
E-mail Address: pfraccaroli(a~bsc roupcom
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Pete Fraccaroli
Company Affiliation: BSC Group
Mailing Address: 701 Corporate Center, Suite 163
Raleigh, NC 27607
Telephone Number: [phone] Fax Number: (919) 854 -0812
E-mail Address: pfracarroli(a~bscgroup.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Gateway Centre
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 00756754205 (impact parcel)
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
Aviation Parkway and Interstate 40 (Exit # 285) Head south on Aviation Parkway turn
right onto Gateway Centre Blvd. Site is on the right along Gateway Centre Blvd
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8532 °N 78.8062 °W
6. Property size (acres): 35.69 total (impact location parcel is 5.15 acres)
7. Name of nearest receiving body of water: Brier Creek
8. River Basin: Neuse River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently the site is undeveloped. General land use
surrounding the site is general commercial and office/ research and development .
Pale 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
The property at the corner of Aviation Parkway and Gateway Centre Blvd will consist
of a hotel and restaurant. The western parcels will be used for office buildings. Typical
equipment is expected to be used.
11. Explain the purpose of the proposed work: The proposed work will provide lodging and
dining in a nearby location to multiple businesses and the airport. It will also provide
additional office space for local companies.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No previous permits have been requested for this project on this site.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 13

1. Provide a written description of the proposed impacts:
This proiect proposes to impact 245 linear feet of stream channel. The impacts would
consist of filling the existing channel in order to brim the area to grade with a proposed
parking lot and office building.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0 Acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT to Brier Creek Fill Intermittent 2 ft 245 0.01

Total Stream Impact (by length and acreage)
Page 8 of 13

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number

(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.01
Total Stream Impact (linear feet): 245
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
watering, irrigation, aesthetic, trout pond,
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 9 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Avoidance and minimization was taken into consideration during the conceptual phase of
desi~nin~ the site. Seven "waters of the U.S." are currently on site. Avoidance of six of
those waters, including their buffers, will be avoided completely. The proposed impact to
the intermittent channel was based on topographical features and practicality of avoiding
inadvertent impacts to this channel during the construction phase.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See NCEEP payment information in item 2 below
Page 10 of 13

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 245
Amount of buffer mitigation requested (square feet): 60.949.41
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
Page 1 1 of 13

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(s ware feet) Miti ation
1 14,882.44 3 (2 for Catawba) 44647.32
2 10,868.06 1.5 16302.09
Total 25750.5 60949.4]
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. All proposed miti;ation has been
accepted into the EEP program. See Appendix A for a copy of the acceptance letter.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Calculations are provided on the Overall Site
Plan (Drawing 1) in Appendix A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
100% of the domestic waste is to be discharged into the Cary North Waste Water
Treatment Plant.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
Page 12 of 13

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ht~://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Adjacent properties are aIreadY developed; therefore, this project 'Hill not result in
additional development.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for Iakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~
Applicant/Agent's Signa~~re 16atcl
(Agent's signature is v id onl if an a~thorizatior{ 1 , er from the applicant is provided.)
Page 13 of 13

Appendix A
Figures
1. Vicinity Map
2. USGS Topo
3. Wake County NRCS Soils Map
Exhibits
1.Overall Site Map
2. Impact Exhibit 1
NCEEP Acceptance Letter

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Mapquest 2007
Gateway Centre Cary, NC 35.85170 N 78.80400 W Project # 07008.00
Figure 1
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Gateway Centre Cary, NC 35.85170 N 78.80400 W
Project # 07008.00
Legend: Approximate Site Boundary
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USDA Soil Conservation Service Wake County (1970)
Gateway Centre Cary, NC 35.85170 N 78.80400 W Project # 07008.00
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1--
os~~stem
PROGRAM
August 22, 2007
Hamilton Merritt, Inc.
c/o BSC Group
701 Corporate Center Suite 163
Raleigh, NC 27606
Project: Gateway Centre County: WAKE
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
NEUSE
03020201 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
-Gold- -fool- Warm- -Ri avian- -Non-Ri avian- -Coastal-Marsh-
Impacts 0 0 245 0 0 0 14,883 10,869
Credits 0 0 490 0 0 0 44,649 16,304
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Cotes of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-192I.
Sincerely,
~V•
Willia .Gilmore, PE
Director
cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USAGE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Pete Fraccaroli, agent
File
RP.St-DYGK~... ~ ~ ... PYDt~~ OLU'' S~t"G~
~,~a, $ti
~CDETIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 J www.nceep.net

Appendix B
DWQ Neuse River Buffer Determination

O~O~ W AT ~RpG
~ '^ ~ r

~ ~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
~~. ~. ~,i vEQ APR ~ 6 ~~ Division of Water Quality
April 3, 2007
BSC Rice
Atm: Trevor Dickerson
978 Trinity Road
Raleigh, NC 27607
NBRRO#07-0~4
Wake County
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Gateway Centre
Location/Directions: located southwest and adjacent to the intersection of I-40 and Aviation Parkway
Subject Stream: UT to Brier Creek
Date of Determination: 3/29/07
Feature(s) Not
Subject Subject Start @ Stop@ Stream
Form Pts. Soil Survey USGS
Topo
A X not contested Throu bout X
B1 X Fla B X
B2 X Throu hoot X
C X not contested X X
D X Outflow of
and 24 X X
X Flag 1E 19.5 X
F X Fla F X
G (Brier
Creek X X X
P (pond) X X (depicted
as stream) X
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
'`Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected No°r`rhCarotina
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water ,/V~Itilrallf
worth Carolina Division of Water Qualiry Raleigh Regional Office Surface Water Protection
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal OpportunitylAffirmative Acton Employer - 50% Recycledll0% Post Consumer Paper

Gateway Centre
Wake County
4/3/07
Page 2 of 2
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly ,DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfu~llyn
G%~ ~'
Lauren M. Cobb
Environmental Specialist III
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
Town of Cary Engineering Department, Tom Horstman, P.O. Box 8005, Cary, NC 27512
RRO/SWP File Copy
Central Files
NorthCarolina
~Vatur~r!!~
tiorth Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.encstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) ~71-4718 I -877-623-6748
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

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