20020639 Ver 1_COMPLETE FILE_20020420

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North Carolina
Elaine F Marshall D EPARTM E T OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
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Date: 1 /31 /2005
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T Print apre-populated Annual Report Form I File an Annual
Report I
Corporation Names
Name Name Type
NC MACGREGOR Legal
CENTRE, LLC
Limited Liability Company Information
SOSID:
FID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office
Address:
Registered Mailing
Address:
Principal Office
Address:
Principal Mailing
Address:
0442068
562144295
Current-Active
11/6/1997
Domestic
NC
DEC 2057
Patel, Balubhai N
308 Versailles Dr
Cary NC 27511
308 Versailles Dr
Cary NC 27511
308 Versailles Dr
Cary NC 27511
No Address
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1/31/2005 4:16 PM

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Parcel Number: 0752269973
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PROPERTIES
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309 E MOREHEAD ST
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CHARLOTTE NC
28202-2325
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YEAR BUILT: 1997
SALEPRICE: 0
SALEDATE:
TYPE USE: Garden Apartments
DESIGN STYLE: Conventional
UNITS: 448
LAND CLASS: APARTMENT
ZONING: HD MF
OLD PARCEL 598-00000-0007
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Parcel Number: 0752462198
Map created on 1/31/2005 3:44:13 PM.
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REID: 0014667
OWNERI: MACGREGOR
CENTRE LLC
ADDR1: 308 VERSAILLES DR
ADDR2: CARY NC 27511-6011
ADDR3:
DEED BOOK: 07923
DEED PAGE: 0785
DEED DATE: 2/27/1998
DEED ACRES: 4.42
BLDG VAL: 0
LAND VAL: 962675
BILLING CLASS: CORPORATE
LISTING
DESCRIPTION: LT 6 MACGREGOR
CENTER BM2002-420
MAP NAME: 075210
PIN NUM: 0752462198
PIN EXT:
CITY: CAR
PLAN JURIS: CA
TOWNSHIP: WHITE OAK
YEAR BUILT: 0
SALEPRICE: 0
SALEDATE:
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
LAND CLASS: VACANT
ZONING: PDDMINOR
OLD PARCEL 598-00000-0011
NUMBER:
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REID: 0316159
OWNER1: MACGREGOR
CENTRE LLC
ADDR1: 308 VERSAILLES DR
ADDR2: CARY NC 27511-6011
ADDR3:
DEED BOOK: 07923
DEED PAGE: 0785
DEED DATE: 2/27/1998
DEED ACRES: 3.83
BLDG VAL: 0
LAND VAL: 1668350
BILLING CLASS: CORPORATE
LISTING
DESCRIPTION: LT 2 MACGREGOR
CENTRE BM2002-420
MAP NAME: 075210
PIN NUM: 0752367253
PIN EXT:
CITY: CAR
PLAN JURIS: CA
TOWNSHIP: WHITE OAK
YEAR BUILT: 0
SALEPRICE: 0
SALEDATE:
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
LAND CLASS: VACANT
ZONING: PDDMINOR
OLD PARCEL 598-00000-0000
NUMBER:
ADDRESS
ST NUM: 1831
ST MISC:
DIR PREFIX:
ST NAME:
LAKE PINE
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Parcel Number: 0752364003
Map created on 1/31/2005 3:48:36 PM.
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REID: 0316158
MACGREGOR
OWNERI: CENTER HEDONISM
LLC
ADDR1: 5092 DORSEY HALL
DR STE 202
ADDR2: ELLICOTT CITY MD
21042-7711
ADDR3:
DEED BOOK: 10593
DEED PAGE: 2312
DEED DATE: 12/17/2003
DEED ACRES: 2.22
BLDG VAL: 724014
LAND VAL: 967030
BILLING CLASS: CORPORATE
LISTING
LT 1 MACGREGOR
DESCRIPTION: CENTRE
BM2003-2207
MAP NAME: 075210
PIN NUM: 0752364003
PIN EXT:
CITY: CAR
PLAN JURIS: CA
TOWNSHIP: WHITE OAK
YEAR BUILT: 2004
SALEPRICE: 0
SALEDATE:
TYPE USE:
DESIGN STYLE: Restaurant
Conventional
UNITS: 0
LAND CLASS: COMMERCIAL
ZONING: B-2P
OLD PARCEL 598-00000-0000
NUMBER:
ADDRESS
ST NUM: 100
ST MISC:
DIR PREFIX:
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Parcel Number: 0752451658
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REID: 0316162
OWNERI: MACGREGOR
CENTRE LLC
ADDR1: 308 VERSAILLES DR
ADDR2: CARY NC 27511-601'
ADDR3:
DEED BOOK: 07923
DEED PAGE: 0785
DEED DATE: 2/27/1998
DEED ACRES: 2.15
BLDG VAL: 0
LAND VAL: 1620215
BILLING CLASS: CORPORATE
LISTING
LT 5 MACGREGOR
DESCRIPTION: CENTRE BM2002-42(
MAP NAME: 075210
PIN NUM: 0752451658
PIN EXT:
CITY: CAR
PLAN JURIS: CA
TOWNSHIP: WHITE OAK
YEAR BUILT: 0
SALEPRICE: 0
SALEDATE:
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
LAND CLASS: VACANT
ZONING: PDDMINOR
OLD PARCEL 598-00000-0000
NUMBER:
ADDRESS
ST NUM: 160
ST MISC:
DIR PREFIX:
ST NAME: MACGREGOR PINES
ST TYPE: DR
0 ? 116 it DIR SUFFIX
1/31/2005 3:50 PM
dY V4 A-4? Michael F. Easley
Governor
t r William G. Ross, Jr., Secretary
}_ North Carolina Department of Environment and Natural Resources
C? "? Alan W. Klimek, P.E., Director
Division of Water Quality
April 10, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7000 1530 0002 2100 5206
Balubhai N. Patel, M.D.
MacGregor Centre, LLC
308 Versailles Drive
Cary, NC 27511

SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
MacGregor Centre, LLC
NPDES General Permit NCG010000
DWQ Enforcement Case WQ 03-001
Wake County
Dear Dr. Patel:
This letter transmits notice of a civil penalty assessed against MacGregor Centre, LLC in the
amount of $40,524.94, including $474.94 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and
Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
or
K?
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748
2. Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by
a waiver of your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement that you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information during a bimonthly enforcement conference and inform you of his decision
in the matter of the remission request. His response will provide details regarding case
status, directions for payment and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions.
Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director and therefore, it is very
important that you prepare a complete and thorough statement in support of your request
for remission.

3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand-deliver a copy of the petition to
Mr. Daniel C. Oakley
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within urt days as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact Vanessa Manuel at (919) 733-
5083, extension 532.
Sincerely,
?- Uan W. Kli , P. E.
ATTACHMENTS
cc: Raleigh Region WQ Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
MACGREGOR CENTRE, LLC
NPDES PERMIT NO. NCGO10000
FILE NO. WQ 03-001
Having been assessed civil penalties totaling $40,524.94 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated,
April 10, 2003, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does
stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must
be submitted to the Director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of , 2003•
Signature
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF
MACGREGOR CENTRE, LLC
FOR VIOLATIONS OF:
N.C.G.S. 143-215.1,
15A NCAC 02B .0211,
15A NCAC 02B.0233,
15A NCAC 02H.0502,
AND
GENERAL PERMIT NCGO10000
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
FILE NO. WQ 03-001
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources, I, Alan W. Klimek, P.E., Director of the Division of Water Quality (DWQ), make the
following:
1. FINDINGS OF FACT:
A. MacGregor Centre, LLC is a limited liability corporation organized and existing under
the laws of the State of North Carolina.
B. MacGregor Centre, LLC is the landowner of record of the site, also known as
MacGregor Centre, located at the northeast corner of the intersection of US64 and Lake
Pine Drive (SR1521) in Cary, North Carolina. The registered agent for MacGregor
Centre, LLC is Mr. Balubhai Patel in Cary, North Carolina.
C. On January 23, 2002, the Town of Cary issued a permit for land disturbing activity to
MacGregor Centre, LLC and approved a Sedimentation and Erosion Control Plan for the
site.
D. On January 23, 2002, MacGregor Centre, LLC was issued General Permit NCGO10000
for the site in accordance with NCGS 143-215.1 and 15A NCAC 02H .0126.
E. General Permit NCGO10000 issued to MacGregor Centre, LLC contains the following
limitation:
Part I Section A• Final Limitations and Controls For Stormwater Discharges
2. The permittee shall implement the plan (Sedimentation and Erosion Control
Plan), which the approval authority has approved. The approved plan is
considered a requirement or condition of this general permit. Deviation from the
approved plan, or approved amendment to the plan, shall constitute a violation of
the terms and conditions of this general permit except that deviation from the
approved plan will be allowed (1) to correct an emergency situation where
sediments are being discharged off the site or (2) when minor modifications
have been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has
been made to the Division of Land Resources (or approved local program). Such
a deviation from the plan shall be noted on the approved plan maintained at the
MacGregor Centre, LLC
Findings and Decisions
Page 2 of 6
job site. During active construction, a copy of the approved plan shall be
maintained on the site.
F. On May 10, July 10, September 5, and October 31, 2002, January 9, and March 6, 2003,
Town of Cary staff inspected the site and observed that the approved plan was not being
followed and/or best management practices were not in compliance. These deficiencies
included insufficient measures or maintenance to retain sediment on site by failing to
protect exposed slopes and/or by failing to provide adequate ground cover sufficient to
control erosion.
G. General Permit NCG010000 issued to MacGregor Centre, LLC contains the following
limitation:
Part I Section B: Minimum Monitoring and Reporting Requirements
All erosion and sediment control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice
every seven days for those facilities discharging to waters of the State listed on
the latest EPA approved 303(d) list for construction related indicators of
impairment such as turbidity or sedimentation") and within 24 hours after any
storm event greater than 0.5 inches of rain per 24 hour period. A rain gauge shall
be maintained on the site and a record of the rainfall amounts and dates shall be
kept by the permittee.
2. Once land disturbance has begun on the site, stormwater runoff discharges shall
be inspected by observation for stormwater discharge characteristics as defined
below at the frequency in #1 above to evaluate the effectiveness of the pollution
control facilities or practices. If any visible sedimentation is leaving the
disturbed limits of the site, corrective actions shall be taken immediately to
control the discharge of sediment outside the disturbed limits.
3. The operator shall keep a record of inspections. Visible sedimentation found
outside of the disturbed limits shall be recorded and a brief explanation kept with
the records as to the measures taken to control future releases. Any measures
taken to clean up the sediment that has left the disturbed limits shall also be
recorded. These records shall be made available to DWQ or authorized agent
upon request.
H. On April 12, and September 9, 2002, and March 6, 2003, DWQ staff conducted
compliance inspections at the site. During the inspections, staff requested to review the
site's weekly inspection records of the erosion and sedimentation control facilities.
These records could not be produced during the inspections, and a rain gauge was not
observed on site. DWQ staff also observed visible sedimentation outside the disturbed
limits.
1. On fifty-nine (59) weekly occasions from January 23, 2002, through March 6, 2003,
MacGregor Centre, LLC failed to conduct and/or record weekly inspections of the
erosion control facilities.
J. In a letter dated September 20, 2002, DWQ issued a Notice of Violation (NOV) and
Recommendation of Enforcement to MacGregor Centre, LLC based on conditions
observed during the September 9, 2002, site visit. DWQ requested a written response
from MacGregor Centre, LLC.
MacGregor Centre, LLC
Findings and Decisions
Page 3 of 6
K
General Permit No. NCGO10000 issued to MacGregor Centre, LLC contains the
following limitation:
Part H Section E: Reporting Requirements
3a. The permittee shall report to the central office or the appropriate regional office
any noncompliance which may endanger health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee
became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
L. On May 10, July 10, September 5, and October 31, 2002, and January 9, and March 6,
2003, Town of Cary staff inspected the site and notified MacGregor Centre, LLC in
writing of observed insufficient measures or maintenance to retain sediment on site by
failing to protect exposed slopes and/or by failing to provide adequate ground cover
sufficient to control erosion.
M. MacGregor Centre, LLC failed to notify DWQ of the activities that resulted in
noncompliance with the NPDES General Permit requirements on May 10, July 10,
September 5, and October 31, 2002, and January 9, 2003, despite written notification of
these issues by Town of Cary inspectors.
N. The narrative water quality standard for best usage of surface waters states: the waters
shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered
to be violating a water quality standard as set forth in 15A NCAC 02B .0211.
0. During the September 9, 2002, site visit, DWQ staff observed approximately 300 linear
feet of an unnamed tributary to Williams Creek had been impacted by sediment, such
that the stream floor substrate, riffle pools, aquatic habitats were covered/buried in
sediment. The stream contained 2 to 6 inches of sediment throughout the majority of the
floor of this 300-foot stream segment.
P. Title 15A of the North Carolina Administrative Code, Subchapter 02B, Section .0211
establishes the turbidity in the receiving water will not exceed 50 Nephelometric
Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams,
lakes or reservoirs designated as trout waters ... if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level cannot be increased.
Q. During a site visit on March 6, 2003, DWQ staff collected stream samples for turbidity
analyses from the unnamed tributary to Williams Creek and from locations from
Williams Creek upstream of the confluence with the unnamed tributary. The analytical
results showed turbidity values of 550 NTU from the unnamed tributary, 32 NTU from
Williams Creek approximately 10 feet above the confluence, and 31 NTU from Williams
Creek approximately 500 feet above the confluence.
R. Title 15A of the North Carolina Administrative Code, Subchapter 02B, Section .0233
cites maintenance and protection of existing riparian buffers in the Neuse River Basin in
order to maintain the buffers' nutrient removal functions. The Neuse Buffer Rule shall
apply to 50-foot wide riparian buffers directly adjacent to surface waters in the Neuse
River Basin.
MacGregor Centre, LLC
Findings and Decisions
Page 4 of 6
S. On March 8, 2001, DWQ staff completed a site visit and determined that the unnamed
tributary to Williams Creek was subject to protection under the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, Administrative Code 15A:02B.0233.
T. On April 3, 2002, DWQ staff visited the site and observed the riparian buffer along the
unnamed tributary to Williams Creek had been disturbed by mechanical land clearing
and excavation.
U. During the site visit on April 3, 2002, DWQ staff observed a road crossing had been put
in place across the unnamed tributary to Williams Creek effectively removing best usage
by placing the stream in a pipe.
V. As found in 15A NCAC 02B .0233(6) and (7), road crossings that impact up to 150
linear feet of riparian buffer require written authorization from DWQ or the delegated
local authority. A file review did not reveal any written requests for the impacts to the
riparian buffer prior to April 26, 2002. On said date, DWQ received a Pre-Construction
Notification (PCN) Application Form from Soil & Environmental Consultants, PA on
behalf of MacGregor Centre, LLC.
W. As required by G.S. 143-215.1 and 15A NCAC 02H .0502, a State issued 401
Certification is required before any impacts are allowed to occur to any creek, stream,
pond, or lake. A file review revealed a Pre-Construction Notification (PCN) Application
Form was received by DWQ on April 26, 2002.
X. The unnamed tributary to Williams Creek, classified Water Supply-III, Nutrient
Sensitive Water, is located within the Neuse River Basin and constitutes waters of the
State within the meaning of G.S. 143-212(6).
Y. No previous enforcement actions have been assessed against MacGregor Centre, LLC.
Z. The cost to the State of the enforcement procedures in this matter totaled $474.94.
Based upon the above Findings of Facts, I make the following:
H. CONCLUSIONS OF LAW:
A. MacGregor Centre, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. The General Permit NCGO10000 was issued in accordance with G.S. 143-215.1.
C. On six (6) occasions from May 10, 2002, through March 6, 2003, MacGregor Centre,
LLC violated Part I, Section A(2) of General Permit NCGO10000 by failing to implement
the Sedimentation and Erosion Control Plan as evidenced by insufficient measures and
maintenance to retain sediment on site and failure to provide adequate ground cover
sufficient to control erosion.
D. On fifty-nine (59) weekly occasions from January 23, 2002, through March 6, 2003,
MacGregor Centre, LLC violated Part I, Section B by failing to conduct and/or record
weekly inspections of the erosion control facilities.
E. From May 10, 2002, through January 9, 2003, MacGregor Centre, LLC violated Part II,
Section E(3a) of General Permit NCGO10000 by failing to notify DWQ of activities that
resulted in noncompliance.
MacGregor Centre, LLC
Findings and Decisions
Page 5 of 6
F.
On one (1) occasion on September 9, 2002, MacGregor Centre, LLC violated 15A
NCAC 02B .0211 by allowing deposition of sediment into approximately 300 linear feet
of an unnamed tributary to Williams Creek such that the best usage of the surface waters
was removed.
G. On one (1) occasion on April 3, 2002, MacGregor Centre, LLC violated 15A NCAC 02B
.0211 by placing the creek in a pipe such that the best usage of the surface waters was
removed.
H. On one (1) occasion on March 6, 2003, MacGregor Centre, LLC violated 15A NCAC
02B .0211 by causing or contributing to the turbidity in the unnamed tributary to
Williams Creek to exceed the water quality standard.
1. MacGregor Centre, LLC violated 15A NCAC 02B .0233(6) and (7) by failing to secure
written authorization prior to the impacts on the riparian buffer along the unnamed
tributary to Williams Creek.
J. MacGregor Centre, LLC violated G.S. 143-215.1 and 15A NCAC 02H .0502 by failing
to apply for and obtaining a 401 Certification prior to impacts on the unnamed tributary
to Williams Creek
K MacGregor Centre, LLC may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a), which provides that a civil penalty of up to twenty-five thousand dollars
($25,000.00) may be assessed against a person who violates any classification, standard,
limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2, or
143-215 or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G. S. 143-215.1.
L. The State's enforcement cost in this matter may be assessed against MacGregor Centre,
LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
M. The Director of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Pursuant to G.S. 143-215.6A in determining the amount of the penalty, I have taken into account
the Findings of Fact and Conclusions of Law and considered the factors listed in G.S. 143-
282.1(b).
Accordingly, MacGregor Centre, LLC is hereby assessed a civil penalty of:
$ for 42?_ of six (6) violations of Part I, Section A(2) of General Permit
NCGO10000 by failing to follow the Sedimentation and Erosion Control
Plan.
$ 2 for _:? of fifty-nine (59) violations of Part I, Section B of General
Permit NCG010000 by failing to conduct and/or record weekly
inspections of the erosion control facilities.
MacGregor Centre, LLC
Findings and Decisions
Page 6 of 6
$ t.} Q for failure to notify DWQ of activities that resulted in noncompliance in
accordance with Part II, Section E(3a) of General Permit NCG010000.
$ for one (1) violation, as observed on September 9, 2002, of 15A
NCAC 02B .0211 by allowing deposition of sediment into a stream such
that the best usage of the surface waters was removed.
$ 2, 0 i0 for _ one (1) violation, as observed on April 3, 2002, of 15A NCAC
02B .0211 by placing the creek in a pipe such that the best usage of the
surface waters was removed.
$ 000 for I of one (1) violation of 15A NCAC 02B .0211 on March 6,
20003, by causing or contributing to the exceedance of the water quality
standard for turbidity.
$ for failure to secure written authorization prior to the impacts on the
riparian buffer in accordance with 15A NCAC 02B .0233(6) and (7).
$ 00 for failure to apply for and obtain a 401 Certification prior to the
impacts on waters of the State in accordance with G.S. 143-215.1 and
15A NCAC 21-1.0502.
$ 46, 0 SO- 40 TOTAL CIVIL PENALTY
$ 474.94 Enforcement Cost
' I
$ 40 S21L q'-+' TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Ib
( ATE)

Ata--n?W. Klim , PrE., Director
Division of Wa r Quality
William 0. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
IV
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
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w of pages including cover sheet:
Date:
?r special instructions:
7-1, s

of Water.Quality, 401 Wetlands Certification Unit,
'ice Center, Raleigh, NC 27699-1650 (Mailing Address)
Blvd., Raleigh, NC 27604-2260 (Location)
i (phone), 919-733-6893 (fax), (httpJ/h2o.enr.stak.nc.us/newedands
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Soil & Environmental Consultants, PA
11010 Ravco Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] Fax: (919) $46-9467
www.SandEC.com
April 24, 2003
$&-EC Project # 4128
DWQ Project # 02-0639
Department of Environment and Natural. Resources
Division. of Water Quality
Attn: John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: Reply to the Division of Water. Quality's April. 7, 2003 401 certification requesting
further information for the proposed ]Macgregor Center, Cary, North Carolina
Dear W. Dorney:
This letter is in response to your 401 certification dated April 7, 2003 (copy attached),
which requested additional information. We are in the process of gathering the
information you requested (i.e. stormwater plan) and will send this information as soon as
it is received. Additionally, we are also in. the process of quantifying the stream impacts
on-site and will either re-apply for a 401 Certification or propose restoration if the impacts
are greater than those previously applied for.
If 1 can be of any further assistance or if you have any questions, please let me know.
Sincerely,
Todd Preuniunger
Attachments: 1) 401 certification dated Apri17, 2003
Charlotte Office; Gmeensharo.Office: Hickory M.A;,
236 LePhillip Court, Suite C 3817-E Lawndalc Drive 622 Coon Mountain Lane
Concord, NC 2802.5 Greensboro, NC 27455 Tayloravillc. NC 28681.
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Pax: [phone] Fax: [phone]
0'?k?o
Soil & Environmental Consultant"'S, PA
11010 Ravcn Ridgc Road , Raleigh, North Carolina 27614 • Phonc: [phone] • Fax: [phone]
www.SandEC.com
FACSIMILE SHEET
FAX NO. [phone]
DATE:
.?r
r
TO: NAME: Johr-1 Mel-)
COMPANY; J_J1' Y Q
FAX NUMBER; r? b 1 J
FROM: !? v In er
The
. following items are being
For Your Comments/AppToval
Per Our Conversation
Please Advise
Would Like To Discuss
HARD COPY SENT:
US Regular Mail.
- Overflight
x For Your Information
Per Your Request
Please Call
Please Handle
Hand Delivery
No Turd Copy Sent
REMARKS:
IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE
CONTACT J<U JCy AT (91.9) $46-5900.
*CONFIDENTIALITY NOTICE*
This transmission is intended only for the une of the individual or entity to which it is addreamd and may contain information that
is privilegcd and confidential. if the reader of this message is not the intended recipient., you arc hereby notified that any
disclosure, distribution or copying of this information is strictly prohibited. If you have received this transmission in error,
pleaac notify us immediately by telephone and return the faxed documents to us at the above address via the United States Postal
Service.
1htlrtwc-o GxecAS.bs>?a?fllzcF. ffl1ckgt7 -0ffAP.P:
236 LeFhillip Court., Suite C 3817-E Lawndalc Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Tl ylorsville, NC 28681
Phone: [phone] Phone; [phone] Phone [phone]
Fax; [phone] 1=ax: [phone] Fax: [phone]
CC:
SUBJECT:
Number of pages including transmittal sheet:_
Project Number: 246
Department of Environment and Natural. Resources
Division of Water Quality
Attn: John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
April 24, 2003
S&EC Project # 4128
DWQ Project # 02-0639
Re: Reply to the Division of Water Quality's April. 7, 2003 401 certification requesting
further information for the proposed Macgregor Center, Cary, North Carolina
Dear Mr. Dorney:
This letter is in response to your 401 certification dated April 7, 2003 (copy attached),
which requested additional information. We are in the process of gathering the
information you requested (i.e. stormwater plan) and will. send this inforr ration as soon as
it is received. Additionally, we are also in the process of quantifying the stream impacts
on-site and will either re-apply for a 401 Certification or propose restoration if the impacts
are greater than those previously applied for.
If 1 can be of any further assistance or if you have any questions, please let me know.
Sincerely,
40
Todd Preuninger
Attachments: 1) 401. certification dated April 7, 2003
ChU1Q#&=C_m GceenaUoro.Oftice: Nickcrry Office,
236 LePhillip Court, Suite C 3817-F J awndak Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsvil4 NC 28681
Phone: [phone] Phone_ [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
Environmental. Consultants, PA
Road • Raleigh, North Carolina 27614 • Phonc: [phone] • Fax; [phone]
www.SandEC.com
o WA r,
0
M10%ol R FAa6Dy, Gftotrw
W i Umn 0. Rate Jr., Secretary
North Carolina Deparktwe of En%4?orvNmM and Nato W IYAOearees
Alan W. KWTmk, P.E., D4'iw'tor
DIAlen of water Qualify
April 7, 2003
WakeC(YLnnty
DWQ # 024639
WA WER of 401 Wafter Quality Certi amdon and Netnse River Buffer Rule approval
b&. Balubhai N. Patel, M.D.
400 Asheville Ave.
Suite 340
Raleigh, NC 27511
Dear Mr. Patel:
Your application for a 401 Water Quality Certification was received in the Central Office on April 26,
2002. According to our Arles [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the
Certification is waived unless DWQ has objected in writing to yew applicataola. Themfore, DWQ has waived
the requirement for a 401 Water Quality Certification for your plants to impact 145 feet of streams for
construction of the MacCmoger Center PMect as described in your application. The application notes that a
stormwater pond has been designed by your cousultaat (SpmAding and Norris) and that DWQ will be seat a
copy of that plan under separate cover. We have no record of receipt of that plan although the larger basin at
the back of rise property may be the facility that was referenced in your application. Please provide this plan so
We can review it and approve it for consttuc iom
However this; waiver is only valid for the design and impact you applied for in your April 26, 2003
application. If additional impact occurs or your development plans change, this waiver is 'no longer valid and a
401 Wafer Quality Certification and Neuse River Buffer approval will be required. In fact based on a site visit
'by Steve Mitchall of the Raleigh Regional Office and Danny Smith of the Central Office, impacts to the street
segment located immediately dowttstm= from the footprint of the crossing appears to have occurred. These
impacts include sediment and Ell mateltials associated with construction efforts. Fulttbor, from visual inspection
of the dissipater and preferential flow pathways from the culvert outlet, it appears to staff that additional
impacts to channel are inevitable due to the sinuosity (curvature) of the channel.
Please address in writing your plans to either 1) restore the stream channel and explain how further
impacts win not occur due to the placement of the culvert (please explain how no more than 145 feet of streamm
impacts 'w'ill occur) or 2) reapply for a 401 Certification and Neuse River buffer rule approval for the total
amoupt of impacts, such that exact linear feet of strearb channel imps may be properly addressed
If you have any questions, please telephone me at 919-733-1786 or Steve Mitchell at our Raleigh
Regional Office at 571-4700.
Sincerely,
Dorney
N. C. DMsion of WaW QuaW, 401 Wet rX% UWN02tiOrt Unit,
lase Mai SwWcA C tor, Flatelpd, NO 27689.1650 (M@BbV Address
2321 crabtroa Ovd., Aal80, NC 27504-2M (L.ocoft)
(919) 7334786 (Phone), 918`733,M &4. (hQpJRl2o.ecY state na.l?lllelA?atldrlda

T T:d L9b690%:01 £689=6% SQNEi-?-VgQ:WDad Lb?L0 2002-b2--&fd
Wfetlands;
r y. a y }
Facility Name
Project Number
Project Type
Location
Received From
MacGregor Centre
APP COE ID # ?'.Region Raleigh
Received Date April 26, 21H?_ COE Susp Date ; Reg. Contact SteNe 1`t itchell
Sent to Region Date 4/29/2002 DCM Susp Date Q t ApPCJCATIN F&MFO
Rcvd Region Date' TIP Number sPayment Date 4/26/2002
Last Actlon Date April 7, 2003 More Info Requested 1j Paid $200.00
. ?+: Amount
z.
Last Action Waived More Info Received;: {sy-' Payor S & LC'.
Latitude (ddmmss) 354440 Mitigation ? Check # 15588
Longitude (ddmmss)
Post-its' Fax Note 7671 Date ? 1 U3 pages" 2-
To % From `J Zcrtt? k? _14L- fJV
Co./Deft. 1.It? /l Q Co. ?Q W
Phone # U? Phone #

WA7,-
0F 9P?
y r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
April 7, 2003
WakeCounty
DWQ # 02-0639
WAIVER of 401 Water Quality Certification and Neuse River Buffer Rule approval
Mr. Balubhai N. Patel, M.D.
400 Asheville Ave.
Suite 340
Raleigh, NC 27511
Dear Mr. Patel:
Your application for a 401 Water Quality Certification was received in the Central Office on April 26,
2002. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the
Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived
the requirement for a 401 Water Quality Certification for your plans to impact 145 feet of streams for
construction of the MacGregor Center Project as described in your application. The application notes that a
stormwater pond has been designed by your consultant (Spaulding and Norris) and that DWQ will be sent a
copy of that plan under separate cover. We have no record of receipt of that plan although the larger basin at
the back of the property may be the facility that was referenced in your application. Please provide this plan so
we can review it and approve it for construction.
However this waiver is only valid for the design and impact you applied for in your April 26, 2003
application. If additional impact occurs or your development plans change, this waiver is no longer valid and a
401 Water Quality Certification and Neuse River Buffer approval will be required. In fact based on a site visit
by Steve Mitchell of the Raleigh Regional Office and Danny Smith of the Central Office, impacts to the stream
segment located immediately downstream from the footprint of the crossing appears to have occurred. These
impacts include sediment and fill materials associated with construction efforts. Further, from visual inspection
of the dissipater and preferential flow pathways from the culvert outlet, it appears to staff that additional
impacts to channel are inevitable due to the sinuosity (curvature) of the channel.
Please address in writing your plans to either 1) restore the stream channel and explain how further
impacts will not occur due to the placement of the culvert (please explain how no more than 145 feet of stream
impacts will occur) or 2) reapply for a 401 Certification and Neuse River buffer rule approval for the total
amount of impacts, such that exact linear feet of stream channel impacts may be properly addressed..
If you have any questions, please telephone me at 919-733-1786 or Steve Mitchell at our Raleigh
Regional Office at 571-4700.
Sincerely,
Dorney
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), (hftp://h2o.enr.state.nc.us/ncwetiands

Cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
Todd Preuninger: Soil and Environmental Consultants
Central Files
File Copy
PAJ
er?z,>c?or1l,7I?'rc?wee cuszs
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(K) 0j, 0 C? YWC-f
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MEMORANDUM
TO: John Dorney Regional Contact: Steve M itchell
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name MacGregor Centre County Wake
Project Number 02 0639 County2
Recvd From APP Region Raleigh
Received Date 4/26/02 Recvd By Region
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
39 Stream P-7 @N 27 43-2 WSIII NSW 30,402. 145
F I - ?-
_9E Buffers O Y O N [ F- F-F-- 30,402: 0.32 ?-
I -F-O Y ON F_ F__ ___ F_ F_ I r ? ?-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354440 Longitude (ddmmss) 78498
Comments:
MOLD
cc: Regional Office
Central Office Page Number 1
Re: macgregor centre letter
Subject: Re: macgregor centre letter
Date: Mon, 07 Apr 2003 15:45:26 -0400
From: Steve Mitchell <[e-mail]>
To: John Dorney <[e-mail]>
Looks OK. Site visit was April 2. 2003 and may want to change sentence(s)
relative to stormwater big basin at the back of the property has been in for
over a year and the other small sed traps at the crossing have failed several
times.
John Dorney wrote:
> see attached. okay to send? also let me know when your latest (and
> greatest) site visit was last week so i can add it to the letter.
> thankx
> ------------------------------------------------------------------------
> Name: 020639.wav.doc
> 020639.wav.doc Type: Winword File (application/msword)
> Encoding: base64
> Download Status: Not downloaded with message
1 of 1 4/7/03 3:50 PM
Triage Check List
Date: To: ORO Steve Mitchell Project Name
?FRO Ken Averide DWO ProjecTaall-L-
O
E3WiRO umber
WaRO Deborah Sawyer Count "A Joanne Steenhuis.-_ =
?WSRO Jennifer Frye
L,ARO Mice Parke-
?MRO PE.e (--oMrg
From: 1 4- S>`'?l?- 1 Telephone (919) 733-
The e ached is being- forwarded to you for your evaluation. Please call if you need
ass ,M
C Stream Wngth impacLed
C Stream de=an ha5m
[i We+dand deteermi3abon and distance to blue-line surace waters on USGW topo maps
Cl MrnirniZ5ai/avci&rce issues
rge-r P,ul?s (Net:s=-, Tar-Pamilco, Catawba, Randleman) J f
C1 Pond fib j A `? VIiS t/1?0 EYs ?-
(? r old C43 S t
E-J DR&jng _ J _ uvt r W 6',
C
As= tl•'.e s; am and Or wetland mitigation sites avalable and viable? LI0
nt clots
G Check a-ztmincs for accuracy - .IJ
G is the a-,PB=a5w corisistent with pre application meetings? J l? ?
Q C=LtE2ve k9acl CLX7CEiT1.S ? t Z. tit v3 r
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- _ = -x =: ? •:-.?.s=`?^iic-4 ? '. ;:C _ --- ,s.... mss- s.-?„ ??Se.''.
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
NCDENR-DWQ
Attn: Mr. John Domey
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604

4
US Army Corps of ngl
Attn: Ms. Amanda Jones
6508 Falls of the Neuse Rd., Ste.
Raleigh, NC 27615
120
RE: Nationwide Permit 39/401 Water Quality Certification/Buffer Compliance Request
MacGregor Centre Project - After-the-fact-permit-application
Cary, Wake County, North Carolina
S&EC Project #: 98-4128
Dear Mr. Domey and Ms. Jones:
On behalf of the property owner (Balubhai N. Patel, MD), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permit 39 to
cover impacts to a jurisdictional stream channel (see attached impact map). We also
request written concurrence from the NC Division of Water Quality (NC-DWQ) that the
project complies with the 401 Water Quality Certification associated with Nationwide
Permit 39 and the Neuse River Basin buffer rules. A Pre-construction Notification
Application (PCN) is attached, which includes an agent authorization.
The proposed project consists of office and retail buildings and is located at the northeast
corner of the intersection of US64 and Lake Pine Drive (SRI 521). The project site is
approximately 20 acres in size. Please refer to the USGS topographic map attached for
the location of the project. S&EC conducted a detailed wetland delineation and Neuse
River Basin (NRB) Riparian Buffer evaluation on the property in February 2001. Ms.
Amanda Jones, of the USACE, approved the wetland delineation in April 2001 (AID #
200120807). On March 8, 2001, Mr. Matt Flynn formerly of the NC-DWQ conducted a
site visit and determined that the stream feature present on the property is subject to the
buffer rules as indicated on the attached site plan.
f
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-I Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
April 25, 2002
S&EC Project #: 98-4128
Page 2 of 3
In mid-December 2001, the client submitted the site grading and layout plans to the
Town of Cary. The plans were approved in early January and road construction began
February 2, 2002, and was completed by the 8`". However, a pre-construction
notification was not submitted to the USACE or the NC-DWQ. On March 28, 2002,
S&EC contacted the NC-DWQ to arrange a site meeting in order to address potential
after the fact buffer and stream permitting. Mr. Steve Mitchell, of the NC-DWQ \
conducted a site visit on April 3, 2002 and we received a Notice-of-Violation on April
12, 2002. An `as-built' survey was conducted Kenneth Close Surveyors in order to
determine the amount of stream impacted by road crossing and the results are listed in
below and in the PCN form.
The constructed road, necessary to provide access to the eastern and western portions of
the property, impacted a 3-foot wide jurisdictional channel, also subject to the Neuse
Buffer rules. The crossing impacted 145 linear feet of channel (see attached
correspondence dated April 23, D'Amato Design). Approximately 14,150 square feet of
riparian buffer (Zone 1-9045 sq. ft., Zone 2-5105 sq. ft.) were affected at the crossing
location. Please note that buffer impacts are based on the initial site plans. However,
based on conversations with Mr. Matt Green of CANCO Construction, we believe these
numbers are an accurate representation of what occurred in the field (see attached
correspondence dated April 25, Matt Green, CANCO). There were no wetland impacts at
the site of the crossing.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre) or if a discharge any open waters is
proposed. The applicant requested a detailed delineation of wetlands present on property
prior to site plan development in order to avoid jurisdictional wetlands to the maximum
extent practicable. The roadway is located in the southern portion of the property in
order to avoid impacting wetlands that exist on the northern section of the property.
However, a buffered stream dissects the northwestern and southeastern portions of the
property and could not be avoided. Because the roadway was constructed perpendicular
to the stream channel, and because the applicant plans to maintain riparian buffers and
the 0.64 acres of wetlands on-site, we believe the USACE should not require
compensatory mitigation for this project. An exempt aerial sewer line will also cross the
channel and buffer.
NC-DWQ's current policy requires written concurrence for impacts to any stream
channel within the Neuse River Basin. Because the applicant plans to permanently
impact a jurisdictional channel, also subject to the buffer rules, we request written
concurrence that the project complies with the 401 Water Quality Certification associated
with the Nationwide Permits 39. NC-DWQ's current policy does not require wetland or
April 25, 2002
S&EC Project #: 98-4128
Page 3 of 3
stream mitigation for stream channel impacts below 1 acre and 150 linear feet per project.
Because there are no wetland impacts on-site and the total permanent impacts to channels
are less than 150 feet, we believe that neither wetland nor stream mitigation should be
required by NC-DWQ. Because the proposed project will result in greater than 30%
impervious surface, the NC-DWQ requires preparation of a stormwater management plan
that must be approved by the agency. Spaulding and Norris have designed a stormwater f ?? e
pond that will treat all stormwater from the site to 85% TSS removal in accordance with
J
the storm water BMP manual. They will send a copy of the stormwater management plan
under separate cover. If you have Questions regarding the stormwater plan call Mike
Schiender at Spaulding and Norris.
As noted above, the stream channel on-site is subject to the buffer rules. This crossing
impacts less than 150 linear feet of channel and less than 1/3 acre of riparian buffer.
Current NC-DWQ policy allows road crossing without buffer mitigation if the impacts
are less than or equal to 150 linear feet of stream channel or 1/3 acre of riparian buffer
per tributary. Because the project impacts are within these thresholds, we believe that
riparian buffer mitigation should not be required.
Sincerely,

Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Over-all Impact Map
Detail of impact map
Agent Authorization form
$200 check for DWQ
cc: Mike Schneider - Spaulding and Norris

0
of
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Penn app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.ariny.mil/wetlands/reptour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at hqp://www.saw.usace.army.mil/wetlands/owpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.ne.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
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.
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: 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Balubhai N. Patel, MD
Mailing Address: 400 Asheville Ave. Suite 340
Raleigh, NC 27511
Telephone Number: 919-233-3435 Fax Number: NA
E-mail Address: NA
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: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-5967
E-mail Address: Preuningernsandec.com
Page 3 of 12
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: MacGregor Centre
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0752367172
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The subject property is located at
the northeast corner of the intersection of US64 and Lake Pine Drive (SRI 521)
5. Site coordinates, if available (UTM or Lat/Long): 35°44'40" N 78°49'8" 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: The site
is currently forested and contains a mixture of pine and hardwoods.
7. Property size (acres): approximately 20 acres
8. Nearest body of water (stream/river/sound/ocean/lake):UT to Williams Creek
9. River Basin: Neuse
(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 4 of 12
10. Describe the purpose of the proposed work: The proposed project consists of the
construction of an office park that will also contain some retail businesses.
11. List the type of equipment to be used to construct the project: Heave equipment imically
associated with road construction and grading.
12. Describe the land use in the vicinity of this project: mixed use (residential and commercial)
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.
Jurisdictional determination-April 2001 AID# 200120807
Buffer Confirmation - March 8 2001 DWO#: NBRRO 01-086
Notice of Violation - April 12, 2002
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: Aerial sewer line crossing.
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
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
Page 5of12
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 Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
NA NA NA NA NA NA
* 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 http://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: 0.641 acres
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name* * of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Impact 1 Culvert/rip rap 145' UT to Williams Creek 3' Intermittent
* 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.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mUguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 145'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, oceanetc.
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 12
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.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Local stormwater requirement
Size of watershed draining to pond: 4.5 Ac. Expected pond surface area: 4,150 sgft
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.
The applicant requested a wetland delineation prior to developing the site plan so as to avoid
wetland impacts. However, a jurisdictional channel separates the eastern and western portions
of thepronerty. This channel must be crossed in order to stain access to the eastern side of the
property. The crossing did not impact any wetlands and was made perpendicular to the channel
in order to minimize impacts.
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 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
Page 7 of 12
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://l12o.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 roadway is located in the southern portion of the property in order to avoid impacting
wetlands that exist on the northern section of the property. However, a buffered stream
dissects the northwestern and southeastern portions of the property and could not be avoided.
Because the roadway was constructed perpendicular to the stream channel, and because the
applicant flans to maintain riparian buffers and the 0.64 acres of wetlands on-site, we believe
the USACE should not require compensatory mitigation for this project.
an
The crossing will impact less than 150 linear feet of channel and less than 1 /3 acre of ripari
buffer. Current NC-DWO policy allows road crossingwithout mitigation if the impacts are
less than or equal to 150 linear feet of stream channel or 1/3 acre of riparian buffer per
project. Because the project impacts are within these thresholds, we believe that riparian
buffer mitigation should not be required.
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 hqR://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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 8of12
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
hqp://h2o.enr.state.nc.us/ncwetlands/strrngide.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 roadway is located in the southern portion of the property in order to avoid impacting
wetlands that exist on the northern section of the property. However, a buffered stream
dissects the northwestern and southeastern portions of the property and could not be avoided.
Because the roadway was constructed perpendicular to the stream channel, and because the
applicant plans to maintain riparian buffers and the 0.64 acres of wetlands on-site, we believe
the USACE should not require compensatory mitigation for this project.
The crossing will impact less than 150 linear feet of channel and less than 1/3 acre of riparian
buffer. Current NC-DWQ policy allows road crossing without mitigation if the impacts are
less than or equal to 150 linear feet of stream channel per proiect or 1/3 acre of riparian
buffer Rer tributary. Because the project impacts are within these thresholds, we believe that
riparian buffer mitigation should not be required.
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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 8 of 12
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
(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* s uImpct are feet Multiplier
Required
Mitigation
1 9,045 3 NA
2 5,105 1.5 NA
Total 14,150
* 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 9of12
NA
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.
Currently the site is wooded and does not contain any impervious surface. Because the proposed
project will result in greater than 30% impervious surface, the NC-DWO requires preparation of
a stormwater control mans eg ment plan that must be approved by the agency. Spaulding and
Norris have designed a stormwater pond that will treat all stormwater from the site to 85% TSS
removal in accordance with the storm water BMP manual. They will send a copy of the
stormwater management plan under separate cover.
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.
City sewer
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).
NA

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
CAMA and NC Coastal Counties
Beaufort Chowan
Hertford Pasquotank
Page 11 of 12
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
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= 7'gMATO DESIGN ASSOCIATES
G'=;art ')'AMATO DESIGN H vli,A7Ft
FAX NO. : 919 786 4554
FA:' P1D, . 319 79
AGENT ALJ"x`HOLUZATION YoRM
Pmjoct Nw /nmcrtptaan .JMZCd?GM_L&

Re: 1Ndt rds MAW Corm Sting" h=ittmi
n &It Inc.
. Tom: (Nm f4t.W7
TO ?Vl+osa It 11Ur Coftm,
T, tl't8 current owrm, biraby dod"Ats Ard arithCt'lW Sant & En%U*AVW"W CPW Atitt?ta Im tc
04 in my b" V as aw mgmt izt the Fra-ewir s of Pm* appWatttm, to P.utwb upw -- +-
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ror=amtmt ef'H¢talr to onto fim pro" when awompoAied by B&IC Wad, You e?oaald cau S&EC
to Aetae a? SAW wwunh prior to viddris the Oita
ant P>nppty Oavlle?'a N Prop" C?wror's Siva Q
cc: W, John Domey cc; Mr. Todd Pxe?zuri?
NCDEN'R - l%VQ- Wazu QuoW ryi t?g boil ne 1t varnst•+arttet c msuu+tr?rs. i.?c.
4i01 Reedy Cmok RAad
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Apr. 20 2001 01:59PM P2
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9PRO24-2002 09:38 FROM:CANCO CONSTRUCTION 919-957-0853 TO:9198469467 P.001/001
CANCO CONSTRUCTION NC, INC
April 24, 2002
1101 EIlia Road
Lhnliam, NC 27707 Via Fax: 919-84(x9467
Inc
[phone] Todd Preuninger
F= [phone] 11010 Riven Ridge Road
%%trr Raleigh, NC 27614
Sanitary Sewer
Sturmlhainage Proj: MacGregor Center
Rtrxk }}lasting T,'.zrcrts
Re: Actual Buffer Impact
Dear Mr. Preuninger,,
As we discussed, NCDPNR wants to ensure the actual stream buffer impacted is the same or
less than the proposed impacted area.
I have discussed this issue with our surveyors and we have concluded the variance between the
proposed and actual impacted arcs will vary less than 1 %. Our construction surveyors (Kentaeth
Close & Associates, PL4) also performed the existing topographical survey which is tied into the
North Carolina Grid Coordinate System. When laying out the construction stakes, the NC Grid
System was also used as a reference
Since you have an as-built of the actual installed pipe and rip rap dissipater, the impacted creek
buffer has not changed from the proposed since this is the only variable that would have
affcctcd the actual buffer.
In condusion the proposed square footage of impacted buffer is t'he satt.1e as the actual
impacted buffer;
If you have any questions, feel free to contact our office.
Regard's,
Matt Green
Canco Construction NC, Inc
H:Vob F ks\Yeu 2W 1\MArGrokir (-auun:\['Cxrespondence\)4.244)2 Impacted Huffecdtjc
e kdM : D'AMATO DESIGN ASSOCIATES - FAX NO. : 919 786 4554 Apr. 23 2002 12:3GPM P1
dda
D'Amato Design Associates, PA
Land Plannino
Site Design
Land=" ArcMacture
Fax Transmittal
DATE:
TO: ?
J `V
ATTN:o?d
FAX: CTI 6H1 /1 1
FROM: ??_O
PAGES: 1
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COMMENTS:
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5500 McNeely Drive. Suite 203 Raievh. North Caroifna 27612 To/. 919,786.0040 Fax 919.786.454
06y ?I.e; l011;GIrtkG
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DIVISIO WATER ALITY
April 9, 200
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Balubbhai N. Patel, M.D.
400 Asheville Avenue, Suite 340
Cary, N.C. 27511
Subject: Notice Of Violation
NBRRO 02-069
Mac Gregor Centre Project
Cary, Wake County
Dear Dr. Patel:
You are receiving this letter as the land owner of the subject property referenced by the Raleigh Regional
Office as NBRRO 02-069. This site is in violation of The Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 [(NCAC .0233){Neuse Buffer Rules}]. Staff determined that the unnamed tributary to
Williams Creek was subject to protection under Neuse Buffer Rules. The subjectivity of the features contained
within this tract were delineated on March 14, 2001 and referenced as NBR 01-086.
"On April 3, 2002, Division of Water Quality (DWQ) staff from the Raleigh Regional Office conducted an
additional site visit of the subject property. Staff determined that the buffer along the unnamed tributary to
Williams Creek had been removed and that a road crossing had been put in place across the subject feature.
A State issued 401 Water Quality Certification is required before any impacts are allowed to occur to any
creek, stream, pond, or lake. A Water Quality file review failed to locate any permits, 401 Certifications, or
Pre-Construction Notification for the above referenced impacts. Also, no request, or a DWQ practical
alternative determination, variance, or authorization had been issued for the impacts to the riparian buffer. The
removal of the buffer vegetation and the installation of the road crossing are in violation of North Carolina
General Statutes.
The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shall be
protected. Therefore, the impacts to the riparian area and the stream referenced above is a violation of those
Rules which state the following:
Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)d'
this Rule. Zone I shall begin at the most landward limit of the top of bank or the rooted herbaceous
vegetation and extend landward a distance of 30 feet.
Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the
Patel NOV
April 5, 2001
Page Two
health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone
1 and extend landward 20 feet.
The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shall be
protected. The maintenance of these areas should be such that, to the maximum extent possible, sheet flow
of surface water is achieved. Any activity that would result in water quality standard violations or that disrupt
the structural or functional integrity of the riparian area are prohibited.
Section (6) Table of Uses states that grading and revegetating is allowed in Zone 2 only provided that diffuse
flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are stabilized is
an allowable activity if permitted by the Division of Water Quality. No unpermitted land disturbing activities
are allowed in Zone 1 and no approval has been located for these activities.
Please respond to this Notice Of Violation within 10 days of its receipt. Your response should be directed to
me at 1628 Mail Service Center, Raleigh, North Carolina, 27699-1628. Please provide any and all information
relevant to the activities that have occurred, an alternative analysis that details the necessity of the removal of
the buffer, and the dates of operation on this site. Please clearly discuss and provide an accurate time table
with dates of when these activities occurred.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any continued/further
violations. Please thoroughly address the above mentioned issues in your response and provide any additional
information that you wish to provide. Your response to this correspondence will be considered in this process.
If you have any questions, please contact Mr. Steve Mitchell or myself at the Raleigh Regional Office,
telephone number (919)-571-4700.
Sincerely,
Kenneth Schuster, P.E.
Water Quality Regional Supervisor
cc: RRO/CO Enforcement
John Dorsey
Dave D'Amato
nbrlet.for/nbrbuf.02/macgreg.069