20131240 Ver 3_Meeting Request Review_20201005

ID#* 20131240 Version* 3
Regional Office* Raleigh Regional Office - [phone]
Reviewer List* Stephanie Goss
Pre -Filing Meeting Request submitted 10/5/2020
.....................................................................................................................................................................................................................................
Contact Name * S&EC, PA - Bob Zarzecki
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
[e-mail]
5201 Trinity Road
Harshavardhan Tummalpally
Wake
Street Address
336 Euphoria Circle
Address Line 2
aty
Cary
Fbstal / Zip Code
27519
Is this a transportation project?* r Yes r No
State / Province / Region
NC
Country
United States
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
r- Individual Permit r- Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Please list all existing project ID's associated with this projects.*
DWR#13-1240
Do you know the name of the staff member you would like to request a meeting with?
Stephanie Goss
Please give a brief project description below.*

The project involves a commercial development on this corner lot. A Major
Variance was issued for the project on February 21, 2014 to impact 9,945
SF of Zone 1 and 7,185 SF of Zone 2. An associated 401 approval to use
GC3890 was issued on March 28, 2014 to impact 145 LF of stream. The
project did not move forward as Harsha (owner/permittee) was unable to
find a buyer. He has determined based on responses from potential buyers
and his broker that they needed to propose a project that would utilize
more of the property and thereby require additional buffer and stream
impacts. Attached is the latest proposed plan for the property that
essentially impacts all of the buffer and proposes to pipe 298 LF of stream
and stabilize/riprap (permanent impact, not permanent loss) the remaining
85 LF of stream. Given the proposed NWPs/RCs that could allowfor 500
LF of impact under NWP39, Harsha may decide to revise the plans to avoid
the need for the retaining walls and stream stabilization. However, he would
like to meet with Stephanie Goss (RRO) and Rick Trone or Paul Wojoski
(401 & Buffer Permitting Branch) to explain why he will need the additional
impacts and associated Major Exception before making any other potential
changes to the plans.
Please give a couple of dates you are available for a meeting.
10/22/2020
Please attach the documentation you would like to have the meeting about.
TRV ALL_2020.09.28.pdf 968.15KB
Major Variance Authorization_5201 Trinity
205.87KB
Road_02-21-14. pdf
401 Approval_5201 Trinity Road_03-28-14.pdf 163.83KB
pdF only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 10/5/2020
Reviewer Meeting Request Decision
Has a meeting been scheduled?* r Yes r No

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NCDENR
North Carolina Department of Environment and Natura
Pat McCrory
Governor
Harshavardhan Tummalpally
336 Euphoria Circle
Cary, NC 27519
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
February 21, 2014
MAR 042014
ReSOu rcessjj
John E. Skvarla, III
Secretary
DWR # 13-1240
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance
[15A NCAC 02B .0233(9)(c)] with Additional Conditions
5201 Trinity Road
Dear Mr. Tummalpally:
You have our approval for the impacts listed below for the purpose described in your
application dated November 27, 2013, received by the Division of Water Resources (Division)
November 27, 2013. This letter shall serve as your Major Variance approval with conditions as
authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only addresses the major variance from
the buffer rules and does not approve any activity within Waters of the United States or Waters
of the State. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 1
9,945 (square feet)
0 (square feet)
Buffers —zone 2
7,185 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 026 .0233
shall occur within the protected riparian buffer unless approved by the Division.
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Mr. Tummalpally
DWR# 13-1240
Buffer APPROVAL
Page 2 of 4
Mitigation must be provided for the approved impacts as specified in the table below.
The Division has received an acceptance letter from the Pancho Bank Parcel Mitigation
Bank to meet this mitigation requirement. Until the Pancho Bank Parcel Mitigation Bank
receives and clears your payment, and proof of payment has been provided to this
Office, no impacts specified in this Approval shall occur. For accounting purposes, this
Approval authorizes payment to the Pancho Bank Parcel Mitigation Bank to meet the
following compensatory mitigation requirement:
compensatory River and Sub -basin
Mitigation Required Number
Buffers 37,282.5 (square feet) 03020201- Neuse
4. Stormwater Management Plan (SMP) Approval from Local Community Required
You are required to provide one copy of the approved SMP, including plan.details on
full-sized plan sheets, with proof of City of Raleigh's approval. The approved SMP shall
be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center,
Raleigh, NC 27699-1650) before any impacts authorized in this certification occur. After
it is approved and submitted to the Division, the SMP may not be modified without prior
written authorization from City of Raleigh. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications.
5. Diffuse Flow Plan
The Applicant shall provide a final diffuse flow plan for off -site stormwater including a
Level Spreader Supplemental and Operation and Maintenance Forms to the DWR 401,&
Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699-1650) before any
impacts authorized in this approval occur.
6. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all

Mr. Tummalpally
DWR# 13-1240
Buffer APPROVAL
Page 3 of 4
C. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre -Construction Notification.
All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundariesapproved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing
activities to ensure compliance with 15A NCAC 2B . 0233.
9. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. If you change your project, you must notify the Division and you may
be required to submit a new application package. If the property is sold, the new owner
must be given a copy of this Approval and is responsible for complying with all
conditions.
10. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project
completion (available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandperm its/apply/forms).
11. This approval grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the
property during normal business hours. This approval and its conditions are final and
binding unless contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during

Mr. Tummalpally
DWR# 13-1240
Buffer APPROVAL
Page 4 of 4
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx; etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919-807-6364 or
[e-mail] or if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Deborah E. Shirley, Soil & Environmental Consultants, PA, 8412 Falls of Neuse Rd, Ste
104, Raleigh, NC 27615
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 131240Tummalpally5201TrinityRd(Wake)_NBR_MV.docx

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Harshavardhan Tummalpally
336 Euphoria Circle
Cary, NC 27619
March 28, 2014
AR.i 022014
By: Sal & Environmental Ccn-iltanta, PA
John E, Skvarla, III
Secretary
DWR # 13-1240v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
5201 Trinity Road
Dear Mr. Tummalpally:
You have our approval for the impacts listed below for the purpose described in your application
dated February 19, 2014 and received by the Division of Water Resources (Division) on February
19, 2014. These impacts are covered by the attached Water Quality General Certification Number
3890 and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
145 (linear feet)
0 (linear feet) 71
N��oj�e nnCarol
Natz ra!
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

5201 Trinity Road
DWR# 13-1240v2
401 APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from Local Community Required
To meet the diffuse flow requirements for this project, we consider the local -government
approved stormwater management plan, with the nitrogen -removing sand filter in lieu of the
level spreader, as meeting the requirement for diffuse flow. You are required to provide one
copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan
sheets, with proof of the City of Raleigh's approval. The approved SMP shall be submitted to
the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699-1650) before any
impacts authorized in this certification occur. After it is approved and submitted to the
Division, the SMP may not be modified without prior written authorization from the City of
Raleigh. If the SMP is modified in the future, then you shall provide one modified SMP with
proof of approval to the DWR Webscape Unit prior to the commencement of the
modifications.
3. No Waste Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500.
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
6. This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.

5201 Trinity Road
DWR# 13-1240v2
401 APPROVAL
Page 3 of 4
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing
fee is received in the OAH during normal office hours (Monday through Friday between 8:00am
and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919-791-4251 or [e-mail] if you have any questions or
concerns.

5201 Trinity Road
DWR# 13-1240v2
401APPROVAL
Page 4 of 4
Si a ly,
ti W��
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste. 104;
Raleigh, NC 27615
DWR RRO 401 Files