20021945 Ver 1_COMPLETE FILE_20021227

O?O? \ NA
T ?RQG
Co 1 r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
February 18, 2003
DWQ Project No. 02-1945
County: Wake
Page 1 of 2
Brier Creek Associates, L.P.
c/o: AAC Real Estate Services
3800 ARCO Corporate Drive
Charlotte, NC 28273
Subject Property: Brierdale Retail Facility (Parcel H), Brier Creek Parkway, Raleigh, NC
S&EC, Inc. Project No. 97-3165.04
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 147 feet of perennial stream and 13,040 square feet (fe) of protected riparian buffers for the purpose
of constructing the "street # 2 stream crossing" at the subject property, as described within your application dated
December 23, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3375 (GC3375). The Certification (s)
allows you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers. per.1-5A NCAC 2B „
.0233. In addition, you should obtain or otherwise comply with any other required federal, state or,local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Controkand Non-discharge.,.-Also,
this approval will expire when the accompanying 404 permit expires unless otherwise specified in,the. General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B .0233(5). If this can not be achieved then you may request to install a stormwater management facility
that controls nitrogen and attenuates flow that directly discharges through the buffer andto the stream. Any
proposed stormwater conveyance through the buffer will require written authorization from the DWQ.
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Page 2 of 2
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate.
4. Condition No. 9 of GC 3375
The project must comply with Condition No. 9 of GC 3375.
5. City of Raleigh's Nitrogen Control Program
The proposed development must comply with the City of Raleigh's Stormwater Management, Stormwater Quality
Control Requirements for nitrogen control that were developed under the Neuse River Basin - Nutrient Sensitive
Waters Management Strategy: Basinwide Stormwater Requirements (15A NCAC 02B .0235).
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Attachments: Certificate of Completion
GC 3375
limek, P.E.,
K
41a
Q, Director
L
Cc: Jennifer A. Burdette, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 021945
Date: February 18, 2003
bz ., t
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
---December 23,A
<< 1
UPI
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. John Dorney
RE: Nationwide Permit 14, 401 Water Quality Certification,
& Neuse River Buffer Compliance Request
Brierdale Retail Facility (Parcel H)
Raleigh, Wake County, North Carolina
S&EC Project #: 97-3165.04
Dear Ms. Jones and Mr. Dorney:
On behalf of Brier Creek Associates, L.P., we request authorization from the US Army Corps of
Engineers (USACE) to use Nationwide Permit (NWP) 14 for the proposed project to cover
permanent impacts to a perennial stream channel. We also request written concurrence from the
NC Division of Water Quality (NCDWQ) that the project complies with the associated 401
Water Quality Certification and Neuse River Basin (NRB) Buffer Rules. A Pre-construction
Notification Application (PCN) including an agent authorization form is attached.
The project consists of the construction of a retail facility, which includes a road crossing of a
buffered stream channel. As indicated in the application, the Brierdale Retail Facility is located
in the southern quadrant of the Brier Creek Parkway and Lumley Road (SR 1645) intersection.
Please refer to the attached USGS Location Map depicting the property (Figure 1).
The proposed Street #2 will cross a buffered, perennial stream channel impacting 147 linear feet
of channel. Please refer to the attached Exhibits (1 of 3 -3 of 3) Impact Maps for the location of
the impact and other important vicinity features.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
The proposed project will impact 147 linear feet of stream channel and riparian buffers.
Therefore, a check in amount of $200 to cover the processing fee for the 401 Water Quality
Certification approval is enclosed.
December 23, 2002
S&EC Project #: 97-3165.04
Page 2 of 4
Construction of Street #2 is required by the City of Raleigh. Please refer to the attached letter
from Eric Lamb of the City of Raleigh for the justification of the crossing and steps taken to
minimize impacts. It should be noted that the applicant attended a pre-application meeting with
Mr. Bob Zarzecki of the NCDWQ on November 13, 2002 to discuss the justification for Street
#2. During the meeting, Mr. Zarzecki generally agreed to the justification of the proposed
stream crossing provided that a pedestrian crossing be considered as an alternative to the
construction of Street #2. The aforementioned justification letter by Eric Lamb explains that a
pedestrian-only crossing is not feasible based on the volume projections for Street #2.
The applicant has minimized impacts to all jurisdictional areas to the maximum extent
practicable and will maintain the riparian buffers on the property as required by the NRB
Riparian Buffer Rule. Because the applicant has minimized impacts and will maintain riparian
buffers, S&EC does not believe further compensatory mitigation should be required by the
USACE for this project.
The proposed project will impact 147 linear feet of stream channel and will not impact
jurisdictional wetlands. These impacts are below the 1-acre of wetland impact and 150 linear
feet of stream channel thresholds for mitigation established by the NCDWQ. Therefore, S&EC
does not believe further compensatory stream mitigation should be required by the NCDWQ.
Because the buffer impact is a perpendicular road crossing impacting less than 1/3 acre of
riparian buffer (0.30 acre), S&EC believes buffer mitigation should also not be required.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS
Jenni r A. Burdette
Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
USGS Location Map (Figure 1)
Impact Map Exhibits (3 sheets)
City of Raleigh Justification Letter (12/20/02)
Agent Authorization Form
c: Barry James - AAC Real Estate Services
Jon Dorman - Kimley-Horn and Associates, Inc.
Office Use Only' Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Brier Creek Associates, L.P.
Mailing Address: c/o AAC Real Estate Services
3800 ARCO Corporate Drive
Charlotte, North Carolina 28273
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: NA
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer A. Burdette
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh North Carolina 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jburdette(a),sandec com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Brierdale Retail Facility (Parcel H)
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0768125698
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Brierdale Retail Facility is
located in the southern quadrant of the Brier Creek Parkway and Lumley Road (SR 1645)
y
intersection Please refer to the attached USGS Location Map depicting the propert
(Figure 1)
5. Site coordinates, if available (UTM or Lat/Long): 35°53'52" N 78°47'32" 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. Property size (acres): -16
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Little Brier
8. 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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is currently undeveloped forest. Residential
subdivisions and retail facilities are the general land uses in the vicinity of the project.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project involves the development of a retail facility along Brier. Creek Parkway.
The City of Raleigh requires the proposed Street #2 to connect the shopping center to
residential areas located to the west of the proposed project. Heavy equipment typical of
grading and road construction will be used to complete the project.
11. Explain the purpose of the proposed work: The purpose of the proposed project is to
construct a retail facility at the intersection of Brier Creek Parkway and Lumley. As
mentioned the City of Raleigh requires construction of Street #2 as part of the project.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&EC delineated the wetlands on this property in 1997 and 1998. Eric Alsmeyer of the USACE
verified the wetland boundaries on October 16, 1998 (Action ID # 199506078). S&EC also
conducted Neuse River Basin (NRB) buffer determinations on the property, which was
confirmed by Danny Smith of the NCDWQ in a 6/12/98 letter (NBR-RRO-20). It is important to
note that the project area does not contain jurisdictional wetlands. An unnamed tributary to
Little Brier Creek present along the western boundary of the property is subject to the NRB
Riparian Buffer Rules The applicant attended a pre-application meeting with Amanda Jones of
the USACE on September 6 2002 After reviewing the project plans Ms. Jones determined that
the project would be processed as a single and complete project separate from the remain Brier
Creek property due its independent utility.
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.
Additional permit requests are not anticipated 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 13
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.
Provide a written description of the proposed impacts: The proposed Street #2 crosses a
perennial stream channel subject to the NRB Riparian Buffer Rules. It will impact 147 linear
feet of stream channel and 13,040 square feet of riparian buffer. Please refer to the Street #2
Stream Crossing and Riparian Buffer Impact Map for a plan view of the proposed impact
(Exhibit 3 of 3)
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
0
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
#1 Culvert/rip-rap 147 UT to Little Brier Ck. 12 feet Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tgMzone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 147
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
ocean and any other water of the U.S.) below:
Page 8 of 13
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): dam/embankment
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: See Exhibit 2 of 3
Expected pond surface area: See Exhibit 2 of 3
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.
Construction of Street #2 is required by the City of Raleigh. Please refer to the attached
letter from Eric Lamb of the City of Raleigh for the justification of the crossing and steps taken
to minimize impacts It should be noted that the applicant attended a pre-application meeting
with Mr. Bob Zarzecki of the NCDWQ on November 13, 2002 to discuss the justification for
Street #2 During the meeting, Mr. Zarzecki generally agreed to the justification of the proposed
stream crossing provided that a pedestrian crossing be considered as an alternative to the
construction of Street #2 The aforementioned justification letter by Eric Lamb explains that a
pedestrian-only crossing is not feasible based on the volume projections for Street #2.
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.
Page 9 of 13
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
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/strrngide.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.
The applicant has minimized impacts to all jurisdictional areas to the maximum extent
practicable and will maintain the riparian buffers on the property as required by the NRB
Riparian Buffer Rule Because the applicant has minimized impacts and will maintain
riparian buffers S&EC does not believe further compensatory mitigation should be required
by the USACE for this project.
The proposed project will impact 147 linear feet of stream channel and will not impact
jurisdictional wetlands These impacts are below the 1-acre of wetland impact and 150 linear
feet of stream channel thresholds for mitigation established by the NCDWQ. Therefore,
S&EC does not believe further compensatory stream mitigation should be required by the
NCDWQ
Because the buffer impact is a perpendicular road crossing impacting less than 1/3 acre of
riparian buffer (0.30 acre) S&EC believes buffer mitigation should not be required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. 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
Page 10 of 13
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
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
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.
Page 11 of 13
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 9,220 3 NA
2 3,820 1.5 NA
Total 13,040 NA
* 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.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The property does not currently contain impervious area. Based on the proposed site plan,
portions of the development are expected to contain 95% impervious area upon completion of
the project The applicant proposes to comply with the City of Raleigh's Nitrogen Control
Program and maintain the riparian buffers present on the property as previously mentioned in
order to protect surface waters and wetlands downstream from the property. Please note that the
only proposed discharge points are indicated on the Site Plan (Exhibit 2 of 3) as level spreaders.
Stormwater pond and watershed information are also provided on the attached Site Plan (Exhibit
2 of 3)
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
City of Raleigh municipal sanitary sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
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
2-310,j
4plican Agen?5ignature ' Date
signature i only if an authorization letter from the applicant is provided.)
Page 13 of 13
Project t Scale:
973195.04 1" = 2900'
M9r.: JAB 119!10!02
Figure 1
Location Map
Brierdale Retail Facility
Raleigh, Wake Co., NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
December 20, 2002
Mr. Bob Zarzecki
NC DENR - Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Zarzecki;
This letter is in regard to the construction of a proposed street within Parcel H of Brier Creek
subdivision within the City of Raleigh. The proposed street, 'Street 2", would cross a creek to connect two
separate tracts of development within Parcel H;
Tract H6 - residential townhouses
Tract H7 - proposed retail use
These two tracts currently gain access exclusively from Brier Creek Parkway, which is a four-lane
median-divided facility. The original master plan for Brier Creek included Street 2 as a multilane
thoroughfare which ultimately connected to Lumley Road through multiple tracts of Parcel H including H7,
which sits at the corner of Brier Creek Parkway and Lumley Road. Due to environmental impacts and
access issues along Lumley Road, the master plan has recently been revised to downsize and realign
Street 2 while maintaining a vehicular connection to H7.
The construction of Street 2 is necessary to prevent H7 from developing as an isolated strip retail
center with access provided exclusively from a thoroughfare. If Street 2 was eliminated from this plan, the
hundreds of residential dwelling units contained within the remainder of Parcel H would only be able to
access H7 via Brier Creek Parkway. The City of Raleigh's interconnectivity policy mandates these types of
connections for precisely this reason - trips between the residential and retail developments can interact on
a system of local streets that reduces the vehicular load and the turn conflicts along thoroughfare system
streets.
Based on the land uses and the density of development proposed in this area, we conservatively
expect this connection to cant' 2000-3000 trips per day upon full buildout of Parcel H. John Dorman with
Kimley-Horn & Associates has recently indicated there have been discussions with your office concerning
the viability of a pedestrian-only connection. Given these volume projections and the importance of Brier
Creek Parkway as a future high-volume commuter facility into the Research Triangle Park, we do not feel
that prohibiting a vehicular creek crossing is in the best interests of the transportation system in this area.
In order to mitigate the effects of Street 2's stream crossing, the City of Raleigh has allowed a
design exception and agreed to reduce the cross-section requirement from a 41-foot b-b curb & gutter
section to a 314oot b-b curb & gutter section across the creek. This will help reduce the disturbance area
created by the bridge construction for this crossing.
Mr. Zarzecki - Brier Creek Stream Crossing
Page 2 -12/20102
We feel very strongly that this creek crossing should occur for both pedestrians and vehicles, and
that this design reflects good urban planning principles. If you would like to discuss this issue further,
please do not hesitate to call me at [phone] or email me at [e-mail].
Sincerely,
Eric J. Lamb, PE
Transportation Planning Engineer
Cc: John Dorman - Kimley-Horn & Associates
Stacy Barbour - City of Raleigh Planning Department
Barry James - AAC Real Estate
201 14:08 919 755 2200 AAC REAL ESTATE SERVICES #4650 P.001/001
Soil & Environmental Consultants, PA
,;. 11010 V4%vn Ridgc ROW - ltcdc18h, North Carolina 27614 • phone: [phone] Paz: [phone]
r www.SSMEC.twm
n? ,1 AGENT AUTHORIZATION FORM:
s? AM Nan ks To Be Filled In DX
The Current I,aundow
srfa Q=k- Associates, L.P. . ---
.drpss: p/o AAC_ Real Estate Services,. 3800 ARCO Corporate Dr., Ste.200
Charlotte, NC 28273
[phone]
m.e,?triptiotL B>c? ?4 ?gccel B/SdcEC Project No. 973165
' otment of the Amy
_s,r Z ores of Engineers, WAlmingtom District
gton, NC 2W2
t
-:. Amanda Tones
" . - -D?r.ds Related Consulung &nd perxxuitting
7 r ' Vh6m It May Concern:
- - -- * PKQ, owner, hereby designate and authorUe Soil & F-"011rin14"W Gvnsultants, Inc. to
c : r^ Any behalf as my agent in the processing of permit applications, to furnish upon request
w -,.?.jplefzuenW Wormtat:ion to support of applications, etc. from this day forward, The 15th day of
- - tan supersedes any previous correspondence concerning the agent for this project.
'1'lnis authorlution, for liability and professional courtesy reasons, i,9 valid only for
- r*lF?tfnt off1cfais to enw the property when accompanied by S&EC staff. You should call S&EC
=:-r e a efte useeting prior to vie g the site.
tL_Q e% A02dats, L..P. L-Pgul Herndon, V.P.
Fioperty Ow><tWs Name
Property Owner's Signature
M . John Dorney c: Ms. Jennifer A. Burdette
DWQ Soil & Environmental Consultants, Inc,
Boulerrard
&, INC 27604 blanks ar+t ?,uth form dot
9ttenal?Gnt!?1j. Ftickorv d:
420-I P:oapetity Church Road 3817-E Lawndale Drive. 910 Bmwn Road
7;g254-7197 Omenzbotu. NC 27455 Tayk"Y lla, NC 28681
t-05 1'hoaa: [phone] lho" [phone]
- 70-OZ06 Pax: (336) Sao-8235 Fax: (828) 63$-5820
C
M
x
N
Ix
W
a
U
0
i
0
°m
N
0
see
Q?
s?
Q
P
I
I

? \ a
v i
WGINIA
/ f , • II CAROLINA
EN
i
NORIM a
twa.?
C
tlQ S11M
f) a
Vf m
BRIER CREEK
COUNTRY CLUB
NWV Affil
'irp
CREEK PARKWAY . - \
? Q

FUTURE ?61f
DEVELOPMENT g /
FUTURE
RESIDENTIAL
AOL
OP /
FUTURE
FUTURE RESIDENTIAL
z DEVELOPMENT
ilk
NORTHERN WAKE EXPRESSWAY 1-540
PROPOSED STREAM CROSSMJG

•
LOCA7701V MAP
WS

U
W?
C W"i
m LL
?Q

3
O U
W W V)
a' Q
<

as

owr (n Z
30
x
: IS x
U
Y

tA10: FLRST Q IL
Z Q
W
F
C Z
m
0
U W
?J
U C
• aAnaw
•Na • 0
V) 3:

40 Q o

"IN" ¢LL wm

a
95 FN'
N W
rA
m
411 OV
Q
w
111 cr
} VI
9 o g

WO
oin
ZQ
W
=z
wa
GRAPHIC SCALE
0 300 600
( IN FEET )
I inch = 600 ft.
wY
O
Zm
W
?Z
?o
?Q
V?
ZQ
<<
No
<<
J zo
W
J
Q W<
xa
W°
z~
Q
w In <
aw

m z?
U3
00
o?
a;
z
aw
W0
00
00
00
00

_"

d
c xz
L- 0
;

m

? s W
LjU
wz

J
<
Iv
1200 N
„
¢

a
?

c

3F W
w

z 00
wa
:E (L
Z) m
U-
o
E OZ
Y ?<
W
?0
Pond
Required
Area Drains Surface Area
-?
Watershed Description (SF) To (SF)
A Permanently Protected Undisturbed Open Space 185,873 Creek -
B Impervious and Managed Open Space 95,224 Riparian Buffer -
C Impervious and Managed Open Space 484,701 Wet Pond #1 10,379
(Outparcels: Assumed 95% Impervious Areas)
Outparcel: Impervious and Managed Open Space Wet Pond #2
D (Assumed 95% Impervious Area) 34,955 and 857
Riparian Buffer
E Street #2 53,518 Riparian Buffer -
Total 854,271
IM LL
= 0
W cV

\l
\.
all
co
will 419
R lu
gR?E `''f / \ \ ?0
'Ilk
t ) WET
POND
i ?\ \ #2
o t
LEVEL SPREADER
LEVEL SPREADER,
PROPOSED STREAK CROSSNG
?. j .
WET
POND,
ww. J /
tV /
j 'LEVEL SPREADER
` GRAPHIC SCALE
LEVEL SPREADER
N y
i ? 200 0 100 200 400 "
T
o \'. ( IN FEET) Y
-? ` 1 inch = 200 ft
M
m
2
W
V,
W
a
0
O
m
N
O
UNDISTURBED STREAM
ZONE 2 IMPACT
v ? \ ZbNI 1 I AC• v
v "ter • t ' V ? •. ,? _ / . -? .
%

\1
#2 w
A
N
C. W
! A
OI
l
350
N /
t
f

147 LF, PROPOSED `
STREAM IMPACT f ;
W ? \
\ \ `NDISTURBED STREAM
i
4 t ?. TOP OF STREA BANK
f w
D
PROPOSED TWIN 10' x 9 ~
BOX CULVERT BURIEIJ L'
BELOW GRADE
! \ \^:
1 1 = T7 \
i ;
j 3 \

U
WK
LEGEND C'3 Dui
Lu
m LL ?

ZONE 1 BUFFER IMPACT = 0
X O g
U
(9,220 SF) W c7 wwwN
as
ZONE 2 BUFFER IMPACT
a
820 SF)
(3
,
?o
TOTAL BUFFER IMPACT = 13,040 SF (0.30 AC)

TOTAL STREAM IMPACT = 147 LF
?o
?? oy
N m ?m
Q o°
lu- J VI
W ? Zo g
°w0
oV)
Z<
_z
Z
N<
zm
w
70
?Q
zQ
z°
as
NO
aQ
J Zz
0
W

J w

N
= -
Q 00
Z F

W Na
aw
ijr
m
BI:
0
in-
0
0
O?
a3
V1~
?z
aw
w?
U?
ZO
Oo
v
w In
y xZ
30
GRAPHIC SCALE m
? WZ
('
W
0 0 25 50 100 „ a
v cc
0

E
o?
z°
wo

( IN FEET)
T
E sa
7 ?
CIZ
I inch = 50 ft. " +^a
0
5
?0