20020594 Ver 1_Complete File_20020416

OW A T ?RQG

o ?
MEMO
June 14, 2002
TO: Fran McPhearson
FROM: John Dor e
. I . 6>' ' (
RE: Reimbursement of ted Wet n Permit fee
Airport Retail Park
DW Q # 02-0594
Wake County
On 16 April 2002, DWQ received a check number from Spangler Environmental, Inc. for $200.00 for an
application fee for an Isolated Wetland Permit. We have since determined that a Permit is not needed for this project.
Please process a reimbursement of this fee to James Spangler, Spangler Environmental Inc., P.O. Box 387, Raleigh, NC
27602 in accordance with the written request for such (see attached copy).
I can be reached at 733-9646 if you have questions.
Cc: File copy
Central files
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Michael F. Easley, Uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
4 17
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Customer Service
1 800 623-7748
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$ **200.00
Aundred and 00/100****************************************************************************
DOLLARS
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh NC 27699-1650 fJ
Q AUTHORIZED SIGNATURE---
A711'00336111• 1:2531?03341: S3 2102440o
SOUTH PARK DEVELOPMENT
CO., INC. 2197'
5160 NC HWY. 42W 919-773-0838
-?
GARNER, NC 27529
OF_
?Q /---?
rct.
`+? FouRO ---DOLLARS
J -_ -
8 A N K & TRUST
' l5 ? , NOHiH CAR ®2?
0000 2 19 ?n¦ i• `
.0 5 3 10 50 0 600 40 6 70 111
•
P.O. BOX 387
RALEIGH, NC 27602 GNORTH ST ARNER, NCE26752g
'ANGLER PH [phone] 5 913
'?ONMENTAE, INC. 66-1235/53 i
04/15,2002
u_ ndred and 00/100 $ **200.00
**>k******?k?k***?k**N"k*?k**?c?k?k?k?k?k?k>k*?k>k*?k?!c?k**?k*?k>?c?k*?k?k+k?k?k?k?F?k?k?k?k+k?k?k*?k* '
NC DWQ
1650 Mail Service Center *LOLL SRS
Raleigh, NC 27699-1650
I{isolated Wetland O?
?t 4 for AI OrtRe 6 1 P,,L -?
11'00 S 59 3n' 1:0 5 3 1 12 3
022001S721_`1. / _.
Cash Receipt Journal (page 2
Company - 1602
Account Number - 435100095
Center - 2341 Total $6,925
Date Payment From Check Number Amount DWD #
Received
4/16/02 Stancil Builders 3361 $200 020584
4/16/02 South Park Development 2197 $475 020592
10 5l1t1Y ° 593 _ $200x?: µ.; °{t594? `
4/18/02 R.M Gillespie 3561 $200 020599
4/18/02 Richard H. McRae 516 $200 020600
4/18/02 Richard Mattox 3487 $200 020602
4/19/02 Robin Castillo 1641 $200 020582
4/19/02 Bob & Janice Sherman 1916 $475 020606
4/19/02 HTL Development 1920 $475 020607
4/19/02 WK Dickson 22588 $200 020422
4/19/02 US Treasury DFAS 3801-63400016 $200 020611
4/22/02 Beaufort County 3299 $200 020613
4/22/02 Beaufort County 3300 $200 020614
4/22/02 Beaufort County 3298 $200 020615
4/22/02 Neal C. Floyd 1562 $200 020616
4/23/02 Sandcastles Realty 2822 $200 020623
4/23/02 The Louis Berger Group 161129 $475 020492
4/24/02 Engineering Consultants 2788 $475 020628
4/25/02 Frank Good 2839 $200 020633
4/25/02 Paul Henriques 1098 $200 020634
4/26/02 Rocky Creek Dairy 7221 $400 020325
4/26/02 Bellasera Ventures 1025 $475 020637
4/26/02 Carolina Wetland Services 1687 $475 020638
4/26/02 S & EC 15588 $200 020639
69
PANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
May 14, 2002
Mr. John Dorney t?? g
NC Div. Of Water Quality, 401 Unit
1650 Mail Service Center
SAY 17 2002 ??:. .
Raleigh, NC 27699 j
Re: DWQ# 02-0594
Dear Mr. Dorney:
Thank you for your timely assistance in resolving the matter of state jurisdiction over an isolated
pond on the above-referenced DWQ file. As activities regarding the fill of this pond have been
declared exempt from State jurisdiction in your letter dated May 7, 2002, Spangler
Environmental, Inc. requests that you initiate the reimbursement process for the $225 Water
Quality Certification fee that accompanied the PCN Application form your office received on
April 16, 2002.
The reimbursement check should be sent to:
Spangler Environmental, Inc.
PO Box 387
Raleigh, NC 27602
Please call meat [phone] should you have any additional questions.
Sincerely,
Spangler Environmental, Inc.
James A. Spangler
President

v
(09
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel [phone] fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel[phone] fax [phone]-SPANGLER spangler-sei.com
0F WAIF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O? QG North Carolina Department of Environment and Natural Resources
Uj r Gregory J. Thorpe, Ph.D.
Acting Director
O Division of Water Quality
May 7, 2002
Permiter, LLC
Attn: Mr. Ramsey Salman
P. O. Box 1224
Cary, NC 27512
Dear Mr. Salman:
Re: Isolated Wetland Permit
Airport Retail Park, Mooresville
Wake County
DWQ# 02-0594
COE# 200220843
On 16 April 2002 we received seven copies of the application to fill 0.53 acres of isolated farm pond for
development of the Airport Retail Park at Perimeter Park Road and Airport Boulevard, Mooresville. After
discussion with the Hearing Officers during review of comments received on the isolated wetlands rules, it is
clear that fill of this (and other) isolated farm ponds is exempt from these rules. Therefore fill of this pond can
proceed since filling is also exempt from 404 Permitting.
Please call me at 919-733-9646 if you need additional information.
Sincerely,
?rl , 1?
John Dorney
Water Quality Certification Program
cc: Raleigh DWQ Regional Office
Amanda Jones, Raleigh Corps of Engineers
Central Files
File Copy
Scott Linnenburger: Spangler Environmental
iVG'nENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
f9
SPANGLER
ENVIRONMENTAL, INC.
020594.
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
PCN Application for Impacts to 0.53-Acres of
Isolated Surface Waters
Airport Retail Park APR 1 6W
Morrisville, NC
F?a tt?l
Prepared By:
Scott Linnenburger
Spangler Environmental, Inc.
3961-B Market Street
Wilmington, NC 28403
Ph: [phone]
Fax: [phone]
For
Perimeter LLC
c/o Ramsey Salman
PO Box 1224
Cary, NC 27512
Submitted on April 11, 2002
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel [phone] fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER spangler-sei.com
Office Use Only: Form Version October 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.
1. 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: NA
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: ?
H. Applicant Information
1. Owner/Applicant Information t4e,-e,
Name: , LLC (c/o Mr. Ramsey Sahnan)
Mailing Address: PO Box Cary, NC 2751* 7
Telephone Number: 919-467-5665
E-mail Address:
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: Scott Linnenburg_er
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: 3961-B Market St.
Wilmington, NC 28403
Telephone Number: 910-343-9375 Fax Number: 910-343-8351
E-mail Address: sec- inc-)bellsouth.net
Fax Number: 919-467-5576
Page 5 of 5
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: Airport Retail Park, Morrisville, NC
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 075601166006
4. Location
County: Wake Nearest Town: Morrisville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From I-40, exit onto Airport
Blvd South. Project site is approximately 2/3 miles on west side of Airport prior to the
Perimeter Park Drive intersection.
5. Site coordinates, if available (UTM or Lat/Long): N 35 51.271' W 78 49.547'
(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:
The property currently is occupied by a single family residence
7. Property size (acres): 3.8 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Stirrup Iron Creek
9. River Basin: Neuse River Basin
(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/mapsl.)
Page 6 of 6
10. Describe the purpose of the proposed work: The applicant intends to drain and fill the
pond to facilitate the retail and restaurant development of the property.
11. List the type of equipment to be used to construct the project:
The pond will be pumped dry, then existing, relict spoil material surrounding the pond
will be pushed back into the basin with heavy equipment.
12. Describe the land use in the vicinity of this project:
Land use in the vicinity of the property includes a mix of single-family residences that
are rapidly being replaced by office buildings and supporting commercial structures
such as hotels and restaurants.
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 permits have been obtained or requested for this property. The Corps of Engineers
declared that the pond on-site was an isolated water on via telephone conversation with Ms.
Amanda Jones on 3/21/02. Official correspondence is i??cl .
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 additional permits are foreseen for this project
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
Page 7 of 7
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
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.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100 year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identity temporary unpacts. impacts mcmae, out are not tmuten to: mecumuzeu ciexuuig, gLauuig, uu,
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
(MM, or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httv://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:
Total area of wetland impact proposed:
2. Stream impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List each impact separately and identify temporary impacts. impacts include, but are not nmireo to: culvens ana assmaamu np-?ap,
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, ditchingtstraightening, 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com
www.mapguest.com, etc.).
Page 8 of 8
Cumulative impacts (linear distance in feet) to all streams on site:
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,
bay, ocean, etc.)
1 Fill 0.53 Isolated pond

# List each impact separately and identify temporary impacts. Impacts mciude, but are not nimtea to: 1111, c2u;4vubull, ulvuyu,g,
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
It is not possible to construct four (4) buildings and associated parking, access, internal
transportation, and open space on this property, as allowed by the current Morrisville
zoning, while maintaining the presence of the pond. This is due to the pond's central
location on the property. The attached site plan depicts buildings of 4,800, 5;0003- 5,600,
and 7,500 square feet along with the required 207 parking spaces, and required access for
the property from both maior arterial roadways.,
Page 9 of 9
The access points to the progertt are controlled by the distance from the Perimeter Park
Drive and _Airport Boulevard intersection and cannot be moved. Prkmg space cannot be
reduced per Morrisville Code, and access through the property must be uninterrupted.
Therefore, avoiding t_ _ he impacts proposed to the pond would result in the loss of the 4,$00-
square foot building and the reduction of the 7,500-square foot building to by 3,000-sauare
feet This would result in the potential loss of over 1/3 of the developable acreage on the
yroverty,
The pond has limited ecological functions and values. On a landscape scale, this feature is
quite small. It is not depicted on either the USGS or Wake County Soil Survev as having
been formed by obstructing the flow of a are-existing stream. Rather, it is a dammed swale
that was constructed for recreational or agricultural use by previous owners of the
property. The pond provides minimal stormwater detention or downstream flood
attenuation, as the property is small and in residential use. and therefore does not produce
a great deal of runoff. The feature contains little area that could be considered to be an
"aquatic bench" that would support emergent hydroyWic vegetation and is not
surrounded by forested vegetation, and therefore can only be considered by have minimal
biogeochemical function, at best It may provide minimal aquatic habitat for fish and/or
amphibians Again, this feature is quite small on a landscape scale and therefore should be
considered to have minimal wildlife function and value that is further minimized by the
developed land uses on adjacent property use, The feature does not provide for significant
aesthetic or educational value Finally, isolated, relict farm ponds are very common in the
Piedmont, and therefore should not be considered valuable because resources of this tvve
are in short supply.
Considering the limited functions and values presented by this feature, reconfiguring the
property to avoid those impacts is not practicable. As the proper. ty is currently zoned. for
the proposed use, NCDENR considers impacts of the proposed magnitude to these isolated
pond features to be insignificant as mitigation is not required, and the potential loss of
revenue that would occur in reconfiguring the site, the ecological cost of removing this
pond from the landscape ? does not outweigh public benefit that would occur through the
development of this proiect.
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
Page 10 of 10
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 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/strrnp-ide.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.
No mitigation is proposed for this project as less than 1 acre of isolated surface
waters will be impacted by this activity. The pond is not subject to the Neuse Riparian
Area Protection Rule, as no stream feature is depicted on the USGS 1:24,000 scale Cary
Quadrangle nor on the Wake County Soil Suryey (Sheet 36). As such , there are no
riparian buffer impacts that would require mitigation.
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 httn //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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Page 11 of 11
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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* (squImpact are feet) Multiplier Required
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from 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, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 12 of 12
Applicant /Agent's Sig
4111 D2.,
D?e
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action 1D: 200220843 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Perimeter, LLC
Attn: Ramsey Salman
Address P.O. Box 1224
Coa, NC 27512
Telephone Number
Authorized
Agent S n er Environmental Inc.
Attn: Scott Linnenbur er / Jim S an ler
Address 224 Fayetteville Street Mall, Suite 400
Raleigh NC 27602-0387
Telephone Number 919-546-0754
Sire and Location of Property waterbed Iii hwa name/number town etc.: The property is
located in the northwest corner of the intersection of Perimeter Park Road and Airport Boulevard, north of
Morrisville, Wake County, North Carolina.
Basis for Determination: The site contains no wetlands or stream channels with indicators of ordinary
high water marks. The pond located on-site is non jurisdictional.
Indicate Which of the Following ADpI?:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless thero is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
-There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number 919 876 - 8441 extension 30
Project Manager Signature__L U4 Q
Date A nl-10 2002
Date - A ri110 2007
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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L PERIMETER ASMATES,LLC s
IIi}F E%FCUTIVE ERNE
CARV, N.C. 27611
2. DUKE READY LIMRED'PARTNERSNIP. SuGOCOW 6T MERCER TOWEENS REALTY,LR
1000 PERIMETER PARK DRIVE, SUITE 200
MORRISVILLE, N.C. 2?560
SHEET: TITLE: ?i ?M?V '•
O DECEMBER 2001
AL PRINCE a RECD a NATION OF S a ?YT p E '
ASSOCIATES E PA. PERIMETER ASSOCIATES, LLC DAN er. m?2 $mo=
973 WALNUT ST - .0 FORMERLY
SUITE 233
CARP N .C. 27311 WEEKS REALTY, L. P. PROPERTY oav.6Y A. PRINCE
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AL PRINCE & ASSOCIATES, P.A.
SURVEY FOR TOPOGRAPHIC SURVEY ?ENGINEERS-SURVEYORS-PLANNERS - RAMSAY SALMAN WATKINS PROPERTY
975 WALNUT STREET, SUITE 233 Pwurs
CARY, NORTH CAROLINA-27511 DP? MORRISOLLE , NORTH CAROLINA MORRISVILLE , NORTH CAROLINA
AL PEA'CP
PH. 467-3545 - FAX [phone] PI ExM E
EuavmnE DATE PEVrsroxs er
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PERIMETER, LLC
P.O. BOX 1224
CARY, NC 27512
MARCH 28, 2002
TO Whom It May Concern,
The letter serves to inform you that Perimeter, LLC located at above address hereby
authorizes Spangler Environmental, Inc. tD act as our technical agent for the purposes of
environmental issues, including wetland identification, permitting and regulatory agency
coordination at the properly known as 801 Airport BLVD. in Morrisville, NC consisting
of 3.79 acres. All site visits by regulatory personnel must be coordinated in advance with
our agent, Spangler Environmental;, Inc.
The following contact persons should be copied on all correspondence:
Property Owner:
Perimeter, LLC
C/O Manager
P.O. Box 1224
Cary, NC 27512
(919) 4675665
Agent
James Spangler
Spangler Environmental
P.O. Box 387
Raleigh, NC 27601
Sincerely yours,
Perimeter, LLC
BY:
Officer of manager of LLC
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02/26/2002 13:45 9195460757 SPANGLER ENVIRONMENT PAGE dl
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SPANGLER
ENVIRONMENTAL, INC.
020594
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
PCN Application for Impacts to 0.53-Acres of
Isolated Surface Waters
Airport Retail Park
Morrisville, NC
For
Perimeter LLC
c/o Ramsey Salman
PO Box 1224
Cary, NC 27512
Submitted on April 11, 2002
Prepared By:
Scott Linnenburger
Spangler Environmental, Inc.
3961-B Market Street
Wilmington, NC 28403
Ph: [phone]
Fax: [phone]
x
f
u 'Y
f
APR 1 6 20
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel [phone] fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER spangler-sei.com
Office Use Only' Form Version October 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.
1. 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: NA
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
1. Owner/Applicant Information i(Ae-jek
Name: , LLC (c/o Mr. Ramsey Salman)
Mailing Address: PO Box M 1224
Cary, NC 27510 7
Telephone Number: 919-467-5665 Fax Number: 919-467-5576
E-mail Address:
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: Scott Linnenburger
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: 3961-B Market St.
Wilmington, NC 28403
Telephone Number: 910-343-9375 Fax Number: 910-343-8351
E-mail Address: sec inc bellsouth net
Page 5 of 5
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: Airport Retail Park, Morrisville, NC -
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 075601166006
4. Location
County: Wake Nearest Town: Morrisville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From I-40, exit onto Airport
Blvd South Proiect site is approximately 2/3 miles on west side of Airport prior to the
Perimeter Park Drive intersection.
5. Site coordinates, if available (UTM or Lat/Long): N 35 51.271' W 78 49.547'
(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:
The property currently is occupied by a single family residence
7. Property size (acres): ~3.8 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Stirrup Iron Creek
9. River Basin: Neuse River Basin
(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/.)
Page 6 of 6
10. Describe the purpose of the proposed work: The applicant intends to drain and fill the
pond to facilitate the retail and restaurant development of the property.
11. List the type of equipment to be used to construct the project:
The pond will be pumped dry, then existing, relict spoil material surrounding the pond
will be pushed back into the basin with heavy equipment
12. Describe the land use in the vicinity of this project:
Land use in the vicinity of the property includes a mix of single-family residences that
are rapidly being replaced by office buildings and supporting commercial structures
such as hotels and restaurants.
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 permits have been obtained or requested for this property. The Corps of Engineers
- - .._
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 additional permits are foreseen for this project
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
Page 7 of 7
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
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.
1. Wetland Impacts
e to
Di
t
Wetland Impact
Site Number
(indicate on map) Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) anc
s
Nearest Stream
(linear feet) Type of Wetland***

d b t of limited to, me chanized clearing, grading, fill,
u
* List each impact separately and identify temporary Impacts. Impacts Un. e, u are n
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. Tema. aov.
*** 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:
Total area of wetland impact proposed:
2. Stream impacts, including all intermittent and perennial streams
Width
A Perennial or
Stream Impact
Site Number
(indicate on ma) Type of Impact* Length of
Impact
(linear feet) Stream Name** verage
of Stream
Before Impact Intermittent?
(please specify)

__,.. , ?... , ,.* 8. 4-1 tn• rn tve rts and associated rio-rap,
* List each impact separately and identity temporary impacts. 1HIPMAS 111%.1UU1, ..u? .u? ••?• ••°••-- -- --
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
ww,v.usQs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwwAgRozone.com,
wNN-w.mapguest.com, etc.).
Page 8 of 8
Cumulative impacts (linear distance in feet) to all streams on site:
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)
I
Type of Impact*

Fill Area of
Impact
(acres)
0.53 Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay' ocean, etc.)
Isolated pond

1:« ..eA ?... Fill -tinn dredco na
* List each impact separately and identity temporary Impacts. impacts mc,uun, UUL ME; 11UL ..,,. _•__, ??-•- -
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout ponce,
local stormwater requirement, etc.):
Size of watershed draining to 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
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
It is not possible to construct four (4) buildings and associated parking, access, internal
transportation, and open space on this property, as allowed by the current Morrisville
zoning, while maintaining the presence of the pond This is due to the pond's central
location on the property. The attached site plan depicts buildings of 4,800, 5,000, 5,600,
and 7,500 square feet along with the required 207 parking spaces, and required access for
the property from both maior arterial roadways.
Page 9 of 9
The access points to the property are controlled by the distance from the Perimeter Park
Drive and Airport Boulevard intersection and cannot be moved. Parking space cannot be
reduced per Morrisville Code, and access through the property must be uninterrupted.
Therefore, avoiding the impacts proposed to the pond would result in the loss of the 4,800-
square foot building and the reduction of the 7,500-square foot building to by 3,000-square
feet This would result in the potential loss of over 1/3 of the developable acreage on the
uoyerty.
The pond has limited ecological functions and values On a landscape scale, this feature is
quite small It is not depicted on either the USGS or Wake County Soil Survey as having
been formed by obstructing the flow of a pre-existing stream. Rather, it is a dammed swale
that was constructed for recreational or agricultural use by previous owners of the
property. The pond provides minimal stormwater detention or downstream flood
attenuation, as the property is small and in residential use, and therefore does not produce
a rest deal of runoff. The feature contains little area that could be considered to be an
"aquatic bench" that would support emergent hydroyhytic vegetation and is not
surrounded by forested vegetation, and therefore can only be considered by have minimal
bion chemical function, at best It may provide minimal aquatic habitat for fish and/or
amphibians Again, this feature is quite small on a landscape scale and therefore should be
considered to have minimal wildlife function and value that is further minimized by the
developed land uses on adiacent property use The feature does not provide for significant
aesthetic or educational value Finally, isolated, relict farm ponds are very common in the
Piedmont, and therefore should not be considered valuable because resources of this type
are in short supply.
Considering the limited functions and values presented by this feature, reconfiguring the
property to avoid those impacts is not practicable As the property is currently zoned for
the proposed use, NCDENR considers impacts of the proposed magnitude to these isolated
pond features to be insignificant as mitigation is not required, and the potential loss of
revenue that would occur in reconfiguring the site, the ecological cost of removing this
pond from the landscape does not outweigh public benefit that would occur through the
development of this proiect.
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
Page 10 of 10
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 atta;hed 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/strm,gide.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.
No mitigation is proposed for this uroiect as less than 1 acre of isolated surface
waters will be impacted by this activity. The pond is not subiect to the Neuse Riparian
Area Protection Rule, as no stream feature is depicted on the USGS 1:24.000 scale Cary
Ouadrangle nor on the Wake County Soil Survey (Sheet 36). As such , there are no
riparian buffer impacts that would require mitigation.
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 hiLtp://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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Page 11 of 11
Does the project involve an expenditure of public funds or the use of public (federaystate/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 ?
XL 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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* (squImpact are feet) Multiplier Mi?g do
1 3
2 1.5
Total
Gone 1 extenas out su teet perpenuicu?ar nvm near vuim vi kenaiuma,
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, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 12 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
X1. 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.
Stormwater proeram will be implemented per the guidance of the City of Morrisville.
Stormwater runoff is planned to be flow into an adiacent pond adiacent to Perimeter Park
drive and the Airport Retail Park property.
XH. 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.
The proposed protect will be tied into the municipal sewage treatment infrastructure
adiacent to Airport Blvd.
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).
Page 13 of 13
Date
Applicant/Agent's Sig
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ED 204220843 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Perimeter LLC
Attn! Ramse Salman
Address P.O. Box 1224
Cary. NC 27512
Telephone Number^_
Authorized
Agent Snanaler Environmental, Inc,
Attn. Scott Linnenbuzger / Jim Spatafil?r
Address 224 Fa etteville Street Mall Suite 400
Italei NC 27602-0387
Telephone Number 919-546-0754
Size and Location of Provertf waterbed " hwa nameJnumber, town etc.: The property is
located in the northwest corner of the intersection of Perimeter Park Road and Airport Boulevard, north of
Morrisville, Wake County, North Carolina.
Bads for Determination: The site contains no wetlands or stream channels with indicators of ordinary
high water marks. The pond located on-site is non jurisdictional.
Indicate Which of a Following APPI-D
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be, delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corp will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain more
Staff will
delineation of the wetlands. Once the consultant has (tagged a wetland line on the property, Corps
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have boon delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless theta is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
which are subject to
There are no waters of the U.S., to include wetlands, present on the above described property J
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without as Department of the
Army Pursuit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number 919 $76 - 8441 extension 30
Project Manager Signature
Date Aril 10, 2002
Date Apri114 2007 _
YELLOW (FILE) COPY OF THIS FORM.
SURVEY TION FORM MUST BE?ATT ATTACHED TO THE?
DELINE
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