20050913 Ver 4_401 Application_20061128

OS- ~ 9i3
~• Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com November 28, 2006
S&EC Project # 3165.W1
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: James Shern Attn: Cyndi Karoly
6508 Falls of Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27615 Raleigh, NC 27604-2260
From: Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road ~ ~ t
Raleigh, NC 27614
Re: Brier Creek Corporate Center (Parcel ,n
Raleigh, Wake County, NC
On behalf of the owner, Brier Creek Corporate Center Assoc LP, please find attached a complete
application and supplemental information requesting written concurrence from the N.C. Division of Water
Quality (NC-DWQ) that the activities proposed below are in compliance with the Neuse River Riparian
Buffer Rules. Please contact me at [phone] if you have any questions or require additional
information. Please note that this is a revision of a previous approval (Action ID 200520324, DWQ EXP
#OS-0913).
PROJECT SUMMARY
Project Name Brier Creek Co orate Center
Project T e Commercial
Owner / A licant Brier Creek Co orate Center Assoc. LP
Count Wake
Nearest Town Ralei h
Waterbod Name UT Little Brier Creek
Basin /Sub-basin 03020201
Index Number 27-33-4-1
Class C, NSW
IMPACT SUMMARY
Stream Im act (acres : 0
Wetland Im act acres : 0.191
O en Water Im act (acres): 0
Total Im act to Waters of the U.S. acres) 0.190
Total Stream Im act linear feet : 0
Buffer Im act Zone 1 37,898
Buffer Im act Zone 2 37,413
Total Buffer Im act 72,311
Isolated Wetland Im act 0
Attachments:
Pre-construction Notification (PCN) Application Form
$200 Application Fee
Agent Authorization
USGS Vicinity Map
EEP Acceptance Letter
Detailed Impact Maps and Overall Site Plan Maps
Stormwater Info. And Calcs from John R. McAdams
Justification letter dated 11/1/06
EEP receipt for previous payment dated 9/12/05
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Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
3&1~7,~~Lawndale Drive
Greenslibro, NC 27455
Phone: [phone]
Fax: [phone]

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C'ERTIFIEU IV~I~IL: RETURN RECEIPT RI:QL~ESTED
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.~~.~C Real Estate Sort ices
iiU I (1 .Area C'arparatc Dritc_ Suite 1 1-I
Subject Propcrt~- Briar Creek Coy°porate Center
t't to t,ittlc E3riar Creek ~U_;(1~0~. ?7-~ ~--I-1- C. \'S`
REQUEST F't~R'w10RE, INFnR~~1,~1"TION
Llcar- ~~1r. E~~~c~
(Jn No~embcr- Zvi- ?U(1(;- The Division of~~t`atcr C~ualit~~ (D~l%Q? rccei~ cd ti~our application dated ?tia~~cmbcr
'~. ?t)t)(;. to fill or other~cisc impact (1. f 91 acres of ~{)q!netland- and ~7.K98 squar-c feet of Zane 1
protected Nci:~sc I2ivcr basin riparian buffer and ~~--i1;; square feet of7onc 2 protected Nciisc. River basin
riparian br~ffer to construct an access road and install a sanital~~ sewer line at the subject propcrt~~. The.
D~VQ has dctcrrnincd that r~our application was inconlplctc- and/'or prop-ide,d inaccu~~-atc information as
discussed bclo~o . The D~~Q ~~-ill require additional information in order to process ~~our application to
impact protected ~t~et(ands and/ar streams on tlac su~jcct pi-opcr-t~~. Thcxofore. unless «~c receive fi~c
copies of the additional information requested bcloe~. ~~c ~~ill have to move to~~°ard denial of your
apphcatii7u as required b~ 1 ~A NC_^~C `'N .(t~U6 and ~~ill place this pr~jcct on hold as incomplete until we
rccci~c this additional information. Please provide the follo~tim~ information so that ~~~c mai~ cantim.~c to
rc~ ic~~ your prajcct.
~-dditional Information Requested:
l `~~ou have prapased bottomicss c-ulvcrts for this project. Plcaso submit signed at~d sealed
±re,otechnical investigation reports indicating the sails in the area of the proposod cul~crts will
~.;uppod-t the culvert as it ~~ill be designed and installed.
i'iea~e contact the Dt~v(7 l~ithin three ~~ceks ofti~ic date of tl~7is letter to ~crift that you 17avc rccci~ cd this
icttrr acrd that ~~au remain interested in continuinir to p~crsuc permitting of ~ our project and will be
proeidio~t tl7e D~VQ the requested information at a later date. Please contact me in ~~ri'tint; and ti~Iike
Horan of the D~t~`Q IZalci~rll Rc~ional (Jfficc. If ~~c da not l~~ear fi-om ~~au ~~~ithin three i~c~-ks. sec ~~-ill
assume that you no Iar~~~cr want to pd.n-sue this project aa3d ~~c n-ill co~~sicicr the project as withdra~~n.
This letter only adthessLs the application a~c~~ic~~ and does not autl~arize any impacts to wetlands- eaters
or protected butters. I'lcasc be aware that ai5~~ impacts requested t~~ithin your application are not
authorized (at this time.} b~ the D~~iQ. Please call Ms, Cvndi f~arol~ or ti1r. lan !~'IcMillan at ~>19-73 ~-
17~h if you have any questions rcxrardin~r or ~loulcl like to set up a »aeetinn to discuss dais matter.
(U1 Ucer<.is~,ht 1:~~,rc>;. (tcci:~, i'crm;ttin~~. l nil
1 i,;fi A(.nl Scrci~s (.'~,II~r_ Ital.^i~rh_ A',~r,h f'urolina '_?t,')0-1 r.ip
~1~i Crahtr4~ thw!c~arci ~u,t~';r~ P.,ic,~~,h. A~mh Carolina Z%f,fl.}
i'h~n;~: l~?-%3~-l"'S6 I ~`,'>19-"~~_„~~~? hx.~,2ret:http://h2o.enr.state.nc.uslncwetlands
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v~ OS- 09is
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit _________
^ Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here:
II. Applicant Information
Owner/Applicant Information
Name: Brier Creek Coprorate Center Associates, LP Contact_ Joe Dye
Mailing Address: c/o AAC Real Estate Services
8010 Arco Corporate Drive
Suite 114
Raleig~i NC 27617
Telephone Number: 919-821-2700 Fax Number: 919-755-2200
E-mail Address: jdye(a~aacusa.com
2. Agent 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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: KMartin(a~sandec.com
Page 1 of 9

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
USAGE 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: Brier Creek Corporate Center (Parcel J)
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0768339630, 0768328974, 0768438432, &
0768328520
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Brier Creek Corporate Center
Directions to site (include road numbers, landmarks, etc.): The project is located in the
northern quadrant of the intersection of Lumley Road (SR 1645) and Interstate 540.
5. Site coordinates, if available (UTM or Lat/Long): WL #1 35°53'59" N 78°47' 15" W
WL #2 & #3 35°54'02" N 78°47'06" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Forested or rough graded
7. Property size (acres): Parcel J is 48 acres in size. The entire Brier Creek project is
~~roximately 1800 acres in size The Corps (Andrea Wadel has determined that Parcel J is
a separate project from the rest of the Brier Creek~project
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Little Brier Creek
9. River Basin: N
Page 2 of 9

(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/.)
10. Describe the purpose of the proposed work: The purpose of the proposed project is to
install an access road necessary to develop the site commercially. Site plans for the
individual commercial lots have not been finalized.
11. List the type of equipment to be used to construct the project: Conventional heavy
equipment will be used to construct the road and install the sanitary sewer line.
12. Describe the land use in the vicinity of this project: The area across Lumley Road and
northeast of the site is forested A retail center is located northwest, and I-540 bounds the
site to the east.
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.
S&EC delineated the wetlands on Parcel J in September of 2000. Ms. Amanda Jones of the
USACE verified the wetland boundaries depicted on the Wetland Impact Map on February 16,
2001 Parcel J is a separateproject from the overall Brier Creek assemblage, as per Andrea
Wade of the USACE Buffers for Impacts 1 2 3 & 4 were verified by Matt Flynn of DWO on
3/26/01 NBRRO 01-105 The lack of buffers at Impact 5 was verified by Danny Smith of
DWO~NBR-RRO-20,j Previously the USACE and DWO issued approvals for this project
Action ID #200520324 DWQ EXP #OS-0913. Impact 5 of the previous approval has been
completed
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 3 of 9

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.
Wetland Impacts
Two data forms completed for the proiect are attached.
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
# 1 permanent filling 0.19 yes 32 bottomland hardwood
# 2 permanent filling 0.0005 yes 75 ephemeral wetland

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: > 1 acre
Total area of wetland impact proposed: 0.191
2. Stream Impacts, including all intermittent and perennial streams***
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leases ecif )
NA

*** The proposed project will not impact stream channels. The proposed access road will be constructed using arch
culverts, and aerial crossin swill be used for the sanita sewer line.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.tov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.ma~quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
Page 4 of 9

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact

Site Number
indicate on ma

Type of Impact* Area of

Impact
acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A fixed tie-in point and 100-foot tanuent reauirement at Lumlev Road prevented avoidance
of the floodplain wetlands that will be impacted by the proposed access road Impacts to stream
channels were avoided by the use of bottomless arch culverts. Please refer to the attached memo
from The John R. McAdams Company dated 11/1/06, which explains the site limitations that
require increasing impacts Additionally riparian buffers will be maintained throughout the site
as required by the Neuse River Basin Riparian Buffer Rule. The on ig pal application had a total
of 65 777 ~. ft. of buffer impacts the current application totals 72,311 sq. ft.
Page 5 of 9

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 March 9, 2000, 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 maybe 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 NCWRP 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.
1. 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.
The applicant made payment to the NCEEP for 0.50 acres of wetland impact previously.
Because the applicant has avoided stream channel impacts through the use of bottomless
arch culverts plans to preserve the floodplain and remaining wetlands as open space,
maintain the riparian buffers on all intermittent and perennial stream channels on Parcel J as
required by the NRB riparian buffer rule and comply with the Cites of Ralei 's Local
Stormwater Program for Nitrogen Control S&EC does not believe additional compensatory
mitigation should be required by the USACE for this project. Because impacts to riparian
buffers on the site exceed the 150 linear feet and 0.33 acre of riparian buffer, buffer
mitigation was required. The applicant made a payment to the Riparian Buffer Restoration
Fund for $118,558.08 previously and will pay an additional $8,152.32 if this revision is
approved
Page 6 of 9

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 8,492
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ^ No
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 a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Page 7 of 9

Yes ® No ^ If you answered "yes", provide the following information:
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
(s ware feet Multiplier Required
Miti ation
Impact 1
1 11,326 3 33,978
2 9,148 1.5 13,722
Total .20,474 47,700
Impact 2
1 9,583 3 28,749
2 10,890 1.5 16,335
Total 20,473 45,084
Impact 3
1 9,148 3 27,444
2 7,841 1.5 11,762
Total 16,989 39,206
Impact 4
1 7,841 3 0
2 6,534 1.5 0
Total 14,375 0
Overall Total 72,311 131,990
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 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, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Pavment into the Riparian Buffer Restoration Fund previously made for $118,558.08, balance of
$8 152 32 will be made if revision approved
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
The site is currently only rough Qraded or wooded and does not contain impervious acreage,
There are three lots within Parcel J located outside of the floodplain area that are planned for
commercial development. Once developed each lot is expected to consist of 70-75%
Page 8 of 9

impervious area However the impervious area of the entire Parcel is estimated to be 41 % based
on preliminary_plans Riparian buffers an undisturbed floodnlain and compliance with the City
of Raleigh's Local Stormwater Program for Nitrogen Control are expected to protect surface
waters and wetlands downstream of the property. Since there is no current site plan for the lots,
we propose that DWO condition the 401 to require stormwater plan approval prior to site
rig Stormwater plans for the road by the John R. McAdams Company are attached. This
approach was previously accepted by DWQ in the last approval
XII. Sewage Disposal (DWQ Only)
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.
Municipal sanitary sewer system
XIII. Violations (DWQ Only)
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
XIV. 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 lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~--. ,llj~li~, ,L,~r~,TiZ,~K~~~~ 11/28/06
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

- - __- _ ___.- ....v ..a...u uwr aaaau ..i.v ~fVVL
Soil & Ex~vlronmental Consultants, P.A-.
11010 Raven Ridge Road -Raleigh Noah Carolina • Plane: [phone] • Fax: [phone]b7
www.SandEC.com
AGENT AUTI-IORZZATIDN F012M
All Blanks 'ro Be Filled In B~The Current Landowner
Nanle: ~~ SIR- ~-l=~K_ C~(~~ ~`t~ .K 1,~C'E.~- ~~
Address: ~~') /-~t~~-C~~~/~~1~ kJi~l,l~ r 5Y~ ,
Gr~.c "6'rt~ ~ I~ Z~'Z~~
Phone: ~'®~' / Z~(5 ~ ~ ~~
Project Name/Description: ~ ~-'Pt~t2~T~, ~I~-l~~
Date: ~1 l N ~
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P_O_Box X890
Wilmington, NC 28402
Attn: Andrea Wade
Field Office: iZaleigh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current zo er owner, hereby designate and authorize Soi18r. Bnvironmental Consultants, PA to actin any
behalf as my agent in the processing of permit applications, to fuznish upon request supplemental information in
support of applications, etc. from this day forwazd. The day of '
This not'if'ication supersedes any previous correspoxtdence concerning the agent for this project
NOT)tCE: Tk+is authorization, fur liability and professional courtesy reasons, is valid only for government
officials to enter the propezty when accompanied by SPEC staff. You should call S&EC to arrange a site
meeting prior to visiting fhe site.
Print Property Owner's Name Property Owner's Signature
cc: Ms. Cyndi Karoly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlotte Office:
236 LePhillip Ct. Suite C
Concord, NC 28025
phone. [phone]
Fax: (704} 720-9406
cc: Mr. Sean Qazk
Soil & Environmental Consultants, PA
Greensboro Office
3817-E 1:awndaIc Drive
Greensboro, NC 27455
phoney [phone]
Fax: [phone]

97.3165 1 ° =2000'
Project pate: Flgll~@ 1
Mgr.: JAB 4NWO1 Location Map
Brier Creek Corporate Center
Raleigh, Wake Co., NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • (919) 84fr9467
Web Page: www.SandEC.com

11-28-'86 1;15 FI~OM-
T-382 P0021002 F-886
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Joe Dyc
Brier Creek Corporate Centtr
8010 Arco Corporate Drive, Suite 114
12aleigh, NC 27617
Project: Brier Creek Corporate Center. County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (I~TCEEI?) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assort chat
the payment will be approved by the permit issuing agencies as mitigation for project impacts. Tt is the responsibility of the
applicant to contact these agencies to dctermi.ne if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. IP we have not received a copy of the issued 404
Pertnit/A01 Certiflication within this time frame, this acceptance will expire. Yt is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NC131/P receives a copy of the 404 Permit and/or [ht 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Stream Impacts (feet) Wetlands )<mpacts (acres) Buffer T Buffer YT
CU (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Ri orlon Non-Ri orlon Coastal Marsh
Neusc 0 0 0 0 0 0 1,307 2,614
03020201
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation-to-impact ratio, (buffers, Zane 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Naturat Resources and the U. S, Army Corps of )rnginccrs dated November 4, 1998-
If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921.
Sincerely,
~~ ~~~~ ~~
'lli m D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACl1-Raleigh
Eric Kutz, D'W"Q-Raleigh
Kevin Martin, Agent (fax)
File
R.esto~c~... ~ ... P~vt~~ ou,~ state,
~'~l~
I~CD)ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-735-0476 / www.nceep.net

THE JOHN R. McADAMS
Since 1979
COMPANY, INC.
MEMORANDUM
November 1, 2006
To: Ms. Cynthia Van Der Wiele
From: Brandon G. Plunkett, P);%~~
Re: Brier Creek CorporateCenter
Dear Ms. Van Der Wiele,
Brier Creek Corporate Center Associates, LP respectfully requests a revision
to the previously permitted wetland impacts at the proposed Brier Creek
Corporate Center Development.
As we have worked through the permitting process for infrastructure
associated with this project, we have had to make some revisions to the creek
crossings that were previously permitted. First, we had to raise the centerline
grade of the proposed Arco Corporate Drive near the connection with Lumley
Road due to the results of a CLOMR study. The grade had to be increased to
keep a minimum amount of freeboard between the low chard of the bridges
and the 100 year water surface elevation. Raising the profile necessitated
increasing the footprint of the impact due to the extended fill slopes. This
changed the impact maps for the first two bridge crossings as shown on the
attached exhibits.
Additionally, we have had to change the fourth creek crossing from a bridge
structure, to a bottomless arch culvert type structure. This was required by the
City of Raleigh due to the need to provided a gravity sanitary sewer main
across this structure that would be placed in clean fill material. Due to the
limitations of this type of structure, we have had to revise the impacts to the
buffers slightly to accommodate it.
Research Triangle Park, Nc
Post Office Box 14005 In all cases p p p p g
,there are no ro osed channel im acts. We are still lannin to
Research TrianOle Park, span all the channels as shown on the exhibits. If you have any questions
North Carolina 27709 regarding the above referenced project or the revisions, please do not hesitate
2905 Meridian Parkway to give me a call.
Durham, North Carolina 27713
800-733-5646
919-361-5000
919-361-2289 Fax
Charlotte, NC
5311 Seventy-Seven Center Drive,
Suite 66
Charlotle, North Carolina 28217
800-733-5646
704-527-0800
704-527-2003 Fax
Comprehensive Land Development Design Services
www.johnrnxxdams.cam We help om• clients succeed.

FROIN
<TUE) SEP 7 3 2005 t 5~ 53!ST. 7 5: 52/I~IO. 63277 06000 P 2
~~
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~~ ~ ~
PKO~RaM
CEIPT
September 12, 2005
D'WQ #: OS-0913
CO1? #: 200520324
roe Dyt
Brier Crock Cor<porats Center Associaus,
3800 Arco Corporate Drive, Suite 200
Charlotu, NC 28273
Project: Brier Creek Corporau Center County: Wake
The North Carolina Ecosysum Enhancement Program (NC SEP) has received checks in the amount of $130,834.08, check
number 10038, as payment for the compensatory mitigation requirements of the 401 Water Quality Certi~icadoNSection 404
Permit issued for the above referenced project. This teccipt serves as notificadon that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this ceniflcation and any
other state, fodera] or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Bnvirotunent and Natural Resources and the U5 Army Corps of Engineers dated November 4, 1998, as indicated in the cable
below.
' RivcrBasin WZdands Streaoi Buffer Buffer
Cataloging (Acres) ~ (Linear Feet) Zone 1 7Anc 2
Unit (Sq. Pt.) (Sq.1~t.)
Ri arian Non-Ri arian Coastal Marsh Cold .Cool Warm
Neuse 0.50 0 0 0 0 0 86,253 37,5
03020200
Please note. that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is trceivcd within 12 months of the date of the receipt. Any such regaest must also be accompanied by letters
from the permitting agencies staring that the permit and/or authori2stion have been rescinded.
[f you have any questions or need additional information, phase contact Carol Shaw at [phone].
Sincerely, pp
illiam D, pilmore, PE
Director
ce: Cyndi Karoly, Wetlands/401 Unit
Monty Matthews, USACB -Raleigh
Eric Kulz, DWQ Regional Office -Raleigh
Pile
R~st-o~i'.r~... ~ .. P~ot~~ Oct. ftat~

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919-715-0476 lwww.nceep.net