20030434 Ver 1_COMPLETE FILE_20030409

W ATFR
pG
`C
Alan W. Klimek, P.E., Director
Division of Water Quality
May 27, 2003
DWQ Project No. 03-0434
County: Wake
Page 1 of 2
64 Associates, LLC
PO Box 97397
Raleigh, NC 27624
Subject Property: Corporation Parkway, New Hope Rd to Hedingham Bivd., Raleigh, NC
S&EC, Inc. Project No. 5410
UT to Crabtree Creek [03-04-02, 27-33-(10), C NSW (nutrient sensitive)]
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 0.01 acres of wetlands, 105 feet of streams and 10,561 square feet (ft2) of protected riparian buffers
for the purpose of constructing the proposed road, as described within your application dated April 9, 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) 3404 (GC3404). The Certification(s) allows you to use Nationwide
Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .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 Control and Non-discharge regulations. 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).
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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3404.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
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
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
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. 1508.
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,
Ian W. Klimek, P.E.,
g?4?
NC DWQ, Director
Attachments: Certificate of Completion
GC 3404
Cc: Sean Clark / Brad Suther, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 03-0434
Date: May 27, 2003
bz
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Corporation Parkway
Project Number 03 0434
Recvd From APP
Received Date 4/9/03 Recvd By Region'
Project Type road crossing
Certificates
Permit Wetland Wetland
Type Type Impact
County Wake
County2
Region Raleigh
Stream
Wetland Stream Class Acres Feet
Score Index Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
0 E
14 OTH O Y O N 27-33-(10) C- NSW 30,402. 0.01 105.00 105.00 r-
PZR Buffers OO Y O N F-F-F-- 30,402. 0.24 F
r - r
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: DQ Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 354806 , 354805 Longitude (ddmmss) 783341, 783330
Central Office rage nwmper i
Triage Chec
Date: Y-116 Zo3
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO A -
XRRO Steve Mitchell
From:
Project Name:
FIL E Copy
List
DWQ#: lJ - Q (3q
County:
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Cyndi Karoly (Central Office)
Telephone : (919) ??3 j-Q( TZ?o
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios _
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
?,Check drawings for accuracy.
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
. Ylro/o3 .

APR
Environmental Consultants, PA
n„„a - Rala;nh Nnrth rarnlina 27614 • Phone: [phone] • Fax: [phone]
/407 GROU

y 100.3
QUf?L?;y??Cr
NCDENR-DWQ /0N
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
FILE COP Y
April 9, 2003
US Army Corps of Engineers
Attn: Ms. Andrea Wade
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit 14/401 Water Quality Certification/Neuse Buffer Approval
Corporation Parkway
Raleigh, Wake County, North Carolina
S&EC Project #: 5410
Dear Ms. Wade and Mr. Dorney:
On behalf of the 64 Associates, LLC (applicant), we hereby request authorization from
the US Army Corps of Engineers (USACE) to use Nationwide Permit 14 to cover
impacts to a stream channel and wetland area. We also request written concurrence from
the North Carolina Division of Water Quality (NC-DWQ) that the project complies with
the 401 Water.Quality Certification associated with Nationwide Permit 14 and the Neuse
River Basin Riparian Buffer Rules (for crossing #2 only). A Pre-construction Notification
Application (PCN) is attached, as well as an agent authorization form.
The proposed project consists of the construction of Corporation Parkway, a proposed
road that is included in the US 64 East Corridor Plan - Thoroughfare Plan (see attached).
The proposed portion of Corporation Parkway is approximately 1800 linear feet in length
and will extend New Hope Road (SR 2036) to Hedingham Boulevard. The location of
the proposed corridor is depicted on the attached USGS map (Fig. 1) and Soil Survey
map (Fig. 2).
S&EC conducted a delineation of the proposed corridor for Corporation Parkway in May
2002. On May 21, 2002, Mr. Steve Mitchell of NC-DWQ determined that the stream
channel at crossing #1 becomes perennial at the location depicted on the plan labeled
"WET 1". Mr. Mitchell also determined that the channel impacted at crossing #2 is also
perennial.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
NC 28025
Concord Greensboro, NC 27455 Taylorsville, NC 28681
,
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
The proposed Corporation Parkway is a road shown on the US 64 East Corridor -
Thoroughfare Plan and is therefore believed by S&EC to constitute a separate and
complete project, independent of surrounding properties. However, because Corporation
Parkway is passing through the proposed Raleigh International Business Park, the City of
Raleigh is requiring 64 Associates, LLC (applicant and developer of the Raleigh
International Business Park) to, build the road. Please note that the Environmental
Division of the North Carolina Department of Justice issued a vested rights opinion for
the Raleigh International Business Park, and the Raleigh Regional Office of NCDWQ
determined that the Neuse River Riparian Buffer Rules will not be imposed on the stream
impacted at crossing #1 (see attached letter, dated 2/14/03). However, the stream channel
at crossing #2 will still be considered subject to the rules. No jurisdictional determination
or permits have been issued for this project at this time.
The proposed impacts for Corporation Parkway consist of 105 feet of perennial
stream channel, 0.242 acre of riparian buffer, and 0.01 acre of wetland.
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). The applicant requested a
delineation of wetlands in the proposed Corporation Parkway corridor in order to
,minimize impact to jurisdictional features to the maximum extent practical. Corporation
Parkway is a proposed road shown on the US 64 East Corridor Plan - Thoroughfare Plan.
Due to design constraints, which include minimum curve radius requirements and set tie-
in points with New Hope Road and Hedingham Boulevard, the proposed alignment of
Corporation Parkway will result in road crossings at two locations (see plans WET .1 &
WET.2). The project engineer has aligned the road to cross the two stream channels at an
approximately perpendicular angle. In a further attempt to minimize impacts, the project
engineer also designed a bottomless arch at crossing #2. According to the project
engineer, this crossing will be constructed with a Con Span arch that will totally span the
bed and bank of both sides of the stream channel and contain no mitered joints.
Because the proposed collector street will cross the channels at a perpendicular angle, and
because the applicant is planning to use a bottomless arch at crossing #2, S&EC believes
further compensatory mitigation should not be required by the USACE. However, if the
USACE determines that mitigation will be required, the applicant plans to pay into the
NC Wetlands Restoration Program.
NC-DWQ's current policy requires mitigation for wetland impacts greater than 1 acre
and perennial stream channel impacts greater than 150 linear feet per project. Because
the project impacts are below these thresholds (0.01 acre of wetland, 105 linear feet of
channel), S&EC believes that neither wetland nor stream mitigation should be required
by NC-DWQ for this project.
NC-DWQ's current policy does not require riparian buffer mitigation for road crossings
that impact less than 150 linear feet or 1/3 acre of riparian buffer per crossing. Because
the proposed impact at Crossing #2 is below this threshold, and because the stream at
crossing #1 is not subject to the buffers due to vested rights of the applicant, S&EC
believes NC-DWQ should not require buffer mitigation for this impact. Please note that
the storm drainage system for Corporation Parkway has been shown on the attached
plans. Level spreaders will be used at crossing #2 to provide diffuse flow into the buffer.
Please contact the project engineer, Mr. David Lasley, of Piedmont Land Design (845-
7600), if further information regarding stormwater management is required.
Sincerely,
Brad Suther Sean Clark
Environmental Scientist Environmental Scientist
Attachments:
Pre-construction (PCN) notification form
Agent Authorization form
USGS Site Vicinity Map (Fig. 1)
Wake County Soil Survey Map (Fig. 2)
Vested Rights Opinion letter (2/14/03)
Aerials, Thoroughfares, & Collectors, Northeast District (diagram)
US 64 East Corridor Plan - Thoroughfare Plan (diagram)
Corporation Parkway Impact Map - WET.1
Corporation Parkway Impact Map - WET.2
$200 check for 401 Certification Fee
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:
N Section 404 Permit N Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 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
1. Owner/Applicant Information
Name: 64 Associates LLC
Mailing Address: PO Box 97397
Raleigh NC 27624
Telephone Number:
E-mail Address:
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: Sean Clark / Brad Suther
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sclark(a)sandec com
Fax Number:
Pagel of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
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: Corporation Parkway
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): NIA - Linear Project
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): N/A -Linear Project
Directions to site (include road numbers, landmarks, etc.): The proposed Corporation
Parkway is approximately 1800 linear feet in length and will extend from New Hope Road
(SR 2036) to Hedinpham Boulevard. The location of the proposed corridor is depicted on the
attached USGS map (Fig. 1) and Soil Survey may (Fig. 2).
5. Site coordinates, if available (UTM or Lat/Long): Crossing #1: 035°48'6.53" N, 078°
33'41.27" W Crossing #2: 035°48'5.17"N, 078°33'30.17"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): N/A - linear project
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Crabtree Creek
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 proposed corridor for Corporation Parkway is currently
forested and undeveloped.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed Corporation Parkway is a proposed road on the US 64 East Corridor Plan -
Thoroughfare Plan. Conventional heave equipment typical of road construction will be used
to construct the road.
11. Explain the purpose of the proposed work: The purpose of the proposed impacts are to
allow for the construction of Corporation Parkway, a road that is part of the US 64 East
Corridor Plan - Thoroughfare Plan
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 conducted a delineation of the proposed corridor for Corporation Parkway in May 2002.
On May 21 2002, Mr. Steve Mitchell of NC-DWQ determined that the stream channel at
crossing #1 becomes perennial at the location depicted on the plan labeled "WET 1"._ Mr.
Mitchell also determined that the channel impacted at crossing #2 is also perennial. The
proposed Corporation Parkway is a road shown on the US 64 East Corridor - Thoroughfare Plan.
Because Corporation Parkway is passing through the proposed Raleigh International Business
Park the City of Raleigh is requiring- 64 Associates LLC (applicant and developer of the
Raleigh International Business Park) to build the road Please note that the Environmental
Division of the North Carolina Department of Justice issued a vested rights opinion for the
Raleigh International Business Park and the Raleigh Regional Office of NCDWQ determined
that the Neuse River Riparian Buffer Rules will not be imposed on the stream impacted at
crossing #1 However, the stream channel at crossing #2 will still be considered subject to the
rules No jurisdictional determination or permits have been issued for this protect at this time.
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.
None known at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 3 of 9
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
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. Provide a written description of the proposed impacts: The proposed impacts consist
of stream channel, riparian buffer, and wetland impacts associated with two road crossings.
The impacts are depicted on the attached plans (see WET #1 and WET #2) and are
enumerated below.
2. Individually list wetland impacts below:
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) (yes/no) (linear feet)
#1 Roadway fill & 0.01 No 0 LF Emergent Wetland
Culvert acre
* 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.) 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: 0.01 acre within
proposed corridor.
Total area of wetland impact proposed: 0.01 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
#1 Culvert & 105 LF UT of Crabtree Creek Y Perennial
dissipator
No impact
proposed -
#2 bottomless arch 0 LF UT of Crabtree Creek 4' Perennial
culvert will be
used
* 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
Page 4 of 9
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 105 LIF
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
Type of Impact* Area of
Impact Name Waterbody Type of Waterbody
(lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) e) bay, ocean, etc.)

N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation,. aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 delineation of wetlands in the proposed Corporation Parkway
corridor in order to minimize impact to iurisdictional features to the maximum extent practical.
Corporation Parkway is a proposed road shown on the US 64 East Corridor Plan - Thoroughfare
Plan Due to design constraints which include minimum curve radius requirements and set tie-in
points with New Hope Road and Hedingham Boulevard the proposed alignment of Corporation
Parkway will result in road crossings at two locations (see plans WET.1 & WET.2). The project
engineer has aligned the road to cross the two stream channels at an approximately perpendicular
angle Ina further attempt to minimize impacts the project engineer also designed a bottomless
arch at crossing #2 According to the proiect engineer this crossing will be constructed with a
Con Span arch that will totally span the bed and bank of both sides of the stream channel and
contain no mitered ioints
Page 5 of 9
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that 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
httj2://h2o.enr.state.nc.us/ncwctlands/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.
N/A
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
Page 6 of 9

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
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 E] 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.
Yes ® No ? If you answered "yes", provide the following information:
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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 7 of 9
i ,
CROSSING #2
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 6769 SF 3 N/A
2 3792 SF 1.5 N/A
Total 10,561 SF N/A
* 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 213 .0242 or.0260.
N/A - Current NCDWQ policy does not require mitigation for perpendicular road crossings that
impact less than 150 linear feet or 1/3 acre of riparian buffer. Because the proposed impact at
Crossing #2 is below this threshold and because the stream at crossing #1 is not subject to the
buffers due to vested rights of the applicant S&EC believes NC-DWQ should not require buffer
mitigation for this impact
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.
Corporation Parkwav will be impervious. The storm drainage system for Corporation Parkway
has been shown on the attached plans Level spreaders will be used at crossing #2 to provide
diffuse flow into the buffer. Please contact the project engineer, Mr. David Lasley, of Piedmont
Land Design (845-7600) if further information regarding stormwater management is required.
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.
N/A - linear road proiect
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 8 of 9
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).
V1,914 4>C>3
Applican gen ' Signature /' Dafe
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: (V ( PS So C.187',?5-S t L. L. C
Address: P. 00 x 7 73 T:7
Phone:
Project Name/ Description: Date: 3 A .7 /2063
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: AyJu- LJ..Io
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 17 8k day of
/mte-k
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the properly when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
ftiaiekl
2
Print Property Owner's Name
Property Owner's Signature
cc: Mr. John Dorney
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc: Mr. Kevin Martin
Soil & Environmental Consultants, PA
blank agent auth form.doc
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]

\?
RALEIGH EAST, NC
1993 -7
NIMA 5255 I SE-SERIES V842 ? /!'f
of -
35p
ew Hope Road
2zos - Prop
c
1 X 32 _ V J\
3 I r ¦ ' ?/?
US 64
osed Corporation Parkway
V
?R
Hedingham Boulevard'
i
? aoo i
i
?c S z ar
M\?"
14
Project#: Scale:
5410 1"=2000'
Figure -Location Map
Project Date:
Mgr.: SC 4W03 Corporation Parkway
64 Associates, LLC
Raleigh, Wake County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
t s?A 1 r . -
i
x !'. /!
t "I"
I t
A..
-6 w?
%
f
J
Proposed Corporation Parkway - ?/
LcC
to F /
Apa
'L B
LUOV "X
Ar'
-'.f? _-? ...? ? ?? ? ? ?. !? ? ;{C;2 ? 1 ?' ? tad •; ti? .? "7// ?? yf,?..n'z
t _3
AzIB
.x.
Project #: Scale:
5410 1"= 1320'
Mgr.: SC 418103
Figure 2 - Wake Co. Soil
Survey, Sheet 50
Corporation Parkway
64 Associates, LLC
Raleigh, Wake County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
FEB. -20' G3 (THU) 11:40 NCDENR RRO TEL:[phone] P.001
State of North Carolina
f,iWA-7
Department of Environment ,
and Natural Resources Raleigh Regional Office E
Michael F. Easley, GoVemor
wIl"am G. .?. r., lea ry EKw err ,ww N.a.,n^tMcsounme
Alan W. Klimek, P.E. Director
February 14, 20032
Mr. Max Barbour
Real Estate Development
Post Office Box 97397
Raleigh, N.C. 27624-7397
Subject: Application of Neuse Buffer Rules
Vested Rights Opinion
Raleigh International Business Park, Highway 64
New Hope Road, Raleigh
Wake County
Dew Mr. Harbour;
This letter is to inform you that the Environmental Division of the North Carolina Department of Justice
(Attorney's General Office)bas completed its review of your request for a vested right determination for the
subject property from the Neuse Buffer Rules (15A NCAC 02B .0233) The information that you have
submitted requesting a determination of whether the Neusc Buffer Rules apply to the project commonly
known as Raleigh International Business Park has been reviewed by the Attorney's General Office.
House Bill 1402 specifically exempted property with existing vested rights from the application of the Neese
Buffer Rules. The determination of whether vested rights exist depends on the application of the common
law vested rights criteria which are as follows; ,
1. Substantial expenditures and contractual obligations which occurred prior to the enactment
of the law;
2, Expenditures and obligations incurred in good faith;
3. Expenditures and obligations were made in reasonable reliance upon governt=tal
permits and/or approvals; and,
4. Detriment would result with application of the law.
Based on the AG's opinion, it appears that the Raleigh faternational Business Park meets the requirements
for common law vested rights. First, according to the materials submitted, the developers made substantial
expenditures on the infrastructure of the project prior to the imposition of the Neuse Buffer Rules. Second,
the developers acted in good faith as the received approval of the project from the City of Raleigh prior to
the effective date of the Neuse Buffer Rules. Third, the developers relied upon governmental permission
as the -project was exempt from 401" Water Quality Certification since the project was under the
threshold requirements for impacts. Fourth and finally, imposition of the Neese Buffer Rules will cause the
developers to suffer a detriment as they will incur substantial costs.
Since it appears that the developer meets the four rpteria of common law vested rights, the Raleigh Regional
Office of the Division of Water Quality will not impose the requirements of the Neuse Buffer Rules on the
1628 Malt Service Center, Raleigh, NC 276994828 Telephone [phone] FAX OM)571471
50% rocyclwNi 0% post-commmer paps
An Equal Opportunity Affirmative Agion Employer
02/27/2003 16:37 9198457703
PIEDMONT LAND DESIGN
PAGE 05
r ?
?a r
,.
4:-4- 4T 'v ,'St
~ ~ A6
r
tJu
r ?
W ' ? A

? t

r • t ?, f • r

r zv
- opox
,
mw
? +
t
?o

•
r t
t ?

i
Arterials, Thoroughfares, & Collectors
0
Northeast District t 1 Miles
rd-yh-ww Mh+Or ?aR HE DIwd BmAd"
S&MM" Aft W
(CIIBCmr
Mi1WVor mh&* d plapa®d9,.d
2/02 Raleigh C.omprehensh+e Plan Northma District 5-4A
`.02/27/2003 16:37 9198457703

8 0
40 _ N

a h O ?
.
C '
y?
•t

q X ? O l

• R
O
C i

if T

0
C
U.S. 64 East Corridor Plan 7.8.8
4

r
1'
i-'
f
l ?
f®
Raleigh Comprehensive Plan 7101
i
If lllllll/
111 I ?! % -. ?I ? I'I I I° / 11 i ???
r I ! ?,. ?/ T, ? T HI I1 II l 1!1
/
If _i %.?,/?//%IIII 11 II ( // /j ; -____._.-.? ?• L I I I ? ?j1111?111
111 1
'i///!/ 1 ! ,I ! !tu '/?i~? ?_I ;"• I?f /l I I r11j1111
.. - ..? ; i/ //1 ,' 1 / l ° / , ? ? -•- - f . -f I 1 1 1,1 ? 11 11111 1
I '? / // / !/ / / , --•J I I 1, 1111 11i i
fill
-1
77 1E a 0
N I rl ,-
0
1•
? III w ?.
'? / ll III ((
// // 111
! Iill
/? ! IIII
- ! /1111
/ / IIII
14v V,
0
r
z z
0
0
' / t 1 1
?L.II 1
!I o ?ll 1
?I? I 1

M m 0
M I m
;a 0 C/)
i G) m
n
m
c/)
mm=D>
?XCnm
m
cn Z
2 rP?o0
;o
--? 0 v)
NOZZCn1
-
0 :i7
O
D
rn
0 K:
0 C CD
M C
-
TI
M
=n
r* c- cb
_ m m Raleigh International Business Park I!o
o CORPORATION PARKP4A*f a
RALE 16H, NORTH CAROLINA
-? r
!I py
-oz
m
0/ 0
c
• y
qua
? f.
? -FO
r
rn .
z z
rn p 70-10
O

i..? I
I I
I i
I ,?r
..•..I: -
1 i ? -•-r
_-------- . L I
I ..T
I, I
I v? ."I
I v
• I ? I : Ili `?b
i
i
N?4' T 5""' ...u?.
quo qmn
I n
77 w ??? ?, V`1 fTl
Z ?? Z Z--T-
I
D
n. o
r D ? Q O 1 1
(n
?N o ?- ,oplo, ;
,0
1\74.91 .r ?"""?? r.• .'G
A
00
Z Z
m m
N
D ?
C C
D D
II I)
(rl ?
N CO

M
--
D
C?
Z
m 0
0
C) K:
Z n
Z
m ..
m
r Z
Z OZ
2 m
Z O
O
Z
0
m O
r
m
Z ?
O
CU
M CU
z
u
m
D ?
O
O
u
O
U)
m
O
Cf)
Z
G)
N

Dm?O
? omA ?m
N n
o -?
? o

tN
Raleigh International Sus iness Fork
CORPORATION PARKWAY
RA?L? 16H, NORTH CAROLINA g r a. LT

0
?

M
°
(
0

O

g
.
s., 4 O

d10
zoo
th
Q.
o? LO
co

Fv
a
cD
CO
0
••
? °
,.... o
4 rm
0
CL 1 O

t- ?--? Ln

z??
0
Of
-
V 0. ? t?iV./r) 0
Qaz
~
= ? I LO
.a
w
LU
J U c •..?
-
Zo?m
o
r
?
r

w
w
F=-O
N occ O
Q w