20131240 Ver 3_More Information Received_20210108

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 3
20131240
Is this project a public transportation project?* r Yes
r No
Reviewer List:* RickTrone:eads\rvtrone
Select Reviewing Office:* Central Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Project Contact Information
Name: S&EC, PA - Bob Zarzecki
who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20131240 3
20170001(no dashes) 1
Project Name: 5201 TRINITY ROAD
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Wake
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
5201 Trinity Rd —Additional
3.01 MB
Information_Wa n2021. pdf
Only pdf or krre files are accepted.
Describe the attachments
or comments:
Additional information and responses to requests from the USACE (22Dec2020) and NCDWR (5Jan2021).
Sign and Submit
W By checking the box and signing box below, I certifythat:

■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
■ I intend to electronically sign and submit the online form.
Signature:
S49cpC' IV-ty- i 2
Submittal Date: Is filled in autorratically.

5201 Trinity Road_Additional Information_8Jan2021_Page 1 of 5
January 8, 2021
S&EC Project # 12170

To: US Army Corps of Engineers N.C. Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Unit
Attn: Lyle Phillips Attn: Rick Trone

(* Both sent via email & online application)

From: Bob Zarzecki
Soil & Environmental Consultants, P.A.

Re: 5201 Trinity Road
Raleigh, Wake County, NC

On behalf of the owner, Harshavardham Tummalpally, please find below and attached the
additional information requested by the U.S. Army Corps of Engineers (USACE) to complete
their review of the application requesting written verification to use Nationwide Permit # 39
(NWP39) and the N.C. Division of Water Resources (NCDWR) to complete their review of the
Major Exception application requesting authorization per the Neuse Buffer Rule. Please contact
me at [e-mail] or [phone] if you have any questions or require additional
information.

USACE NWP39 PCN Application – Request for Additional Information, SAW-2013-02334
(December 22, 2020):

1) The project proposes to culvert the onsite UT to Richlands Creek for 298 linear feet.
The need for such culvert is not disputed, however it is unclear if the project
demonstrated avoidance and minimization to the maximum extent practicable as
required by NWP General Conditions 23(a) and (b). Can you provide additional
information that addresses the following comments:

a. The PCN states that the previously authorized plan proposing to fill 145 linear
feet of stream channel was determined unacceptable for development. Please
provide additional information to justify the authorization of the proposed
plan.

Response: Statement from H. Tummalpally; “I have been struggling to develop or
sell this property without any luck for the past seven (7) years since the 2013 Major
Variance and associated NWP/GC approvals were received. The property has a lot
of challenges and hardship to develop this property. The width of this property is
only 180 feet wide with the stream bisecting the property into two narrow sections.

5201 Trinity Road_Additional Information_8Jan2021_Page 2 of 5
Also, the City of Raleigh required setbacks, code, zoning, and deed restrictions are
making the property impossible to develop even with the approved variance.
Developable land with the plans approved in the current variance is only about half
an acre which drastically limits the size of the building and required parking.
Another drawback is the shape of the land with the current variance, it is an “L”-
shape which makes it very difficult to construct. There are also a lot of covenants and
deed restrictions from the required on the adjacent property that further effect how
this property can be developed.

After talking to multiple potential buyers, they have all told me that it’s impossible to
practically develop the property given the current limitations. They have all told me
that it would require the ability to utilize the entire property for them to consider it
such that they can make a reasonable return on their investment.

Apart from all of this, I have since learned that a substantial amount of unsuitable fill
dirt/topsoil was moved onto this property before I acquired the land. I’ve been told
that this unsuitable fill will have to be removed at a great expense before the site can
be developed. There is just a lot of development costs required to remove this
unsuitable fill, import good suitable fill and make the property “pad ready” to
construct the buildings and parking.

Please believe me that I would have loved to have been able to find a buyer or
developer for the plans currently approved in the variance and NWP/GC, as while
they still would have resulted in a significant amount of buffer mitigation, I was able
to avoid having to purchase any stream mitigation. These new plans, while necessary
to be able to develop the property, trigger the need for a significant amount of stream
mitigation. The combined mitigation if these plans are approved is now more than
$270,000.

For all these reasons, I have gotten very few offers from buyers, the best of which
was still far less than what I have invested in this property. Only 30% of my
investment, or in other words I’d take a 70% loss if I sell based on the plans
approved in the current variance and NWP/GC approvals.

I have been going through extreme financial hardship since I invested so much of my
money in this property by taking loans from banks. I am struggling to pay my
monthly payments on these loans. Especially now with the effects of the global
pandemic. I prefer not to disclose all of my personal financial records, but will
provide whatever you need (current debts, bank statements, etc.) on this property if
you require them. I am also willing to provide any other documents you need (mostly
because I have no other choice) to demonstrate the difficulties in developing this
property. However, please know that much of this information (engineered plans,
etc.) is costing me even more money that I simply do not have.

5201 Trinity Road_Additional Information_8Jan2021_Page 3 of 5
The main reason for this request is to merely reduce my loss as much as possible on
this property. I am not expecting to make any profit on it. If it does it would be a
complete surprise. I would just be happy if I get my money back.”

b. Why has the location of the building changed? Please provide an explanation
for the increase in size of the proposed building. Provide an explanation for the
increase of parking areas in the proposed project. Were other designs
considered to include different layouts, different building size?

Response: The idea behind changing the location of the building is to bring more
visibility, earlier it was planned on the back side of the lot which does not have
visibility. changing the location of the building closer to the corner of the Edwards
Mill Rd brings more visibility and increased development options/uses primarily as it
applies to potential retail options. Also, any building cannot be located over the piped
stream. The size of the building was maximized to fully utilize the property as we
have heard from potential buyers and developers. Yes, the previously permitted
design can be considered a different layout/building size alternative, which has
proven not to be a practicable design given the lack of interest in the property.

c. Please provide information to assist the Corps to understand the needs of the
proposed development. For example, is the construction being steered to meet
the needs of the end user?

Response: Mr. Tummalpally has been advised by multiple realtors that he must
complete the necessary due diligence of obtaining the required permits for a
reasonable development plan that is suitable for the property which unfortunately
also must fully utilize the property for the reasons previously stated. He’s been
advised to consider a plan consisting of retail space on the first floor and office space
on the remaining two floors above. This plan is believed to bring the greatest value to
the lot (to help offset the development and investment costs) and attract the greatest
number of potential buyers/developers. Other options, such as a possible hotel may
exist, but all of these options ultimately require the ability to develop the entire
property.

2) Provide a description to support the proposed riprap stabilization activities as “no
functional loss”. Please include how the riprap will be installed. Will the riprap extend
into the channel or stop at the toe of slope?

Response: As depicted on the attached plans, while the riprap will extend into the
channel, it will be embedded below the existing channel bottom to maintain an equivalent
level of aquatic life habitat. Please note that this area is currently, a large plunge pool at
the start of the stream just below an existing storm pipe outlet. There is no stream above
this origin. The plunge pool has debris and riprap already in sections of it. It’s of very
low quality, even lower than the overall “LOW” quality NCSAM determination for the

5201 Trinity Road_Additional Information_8Jan2021_Page 4 of 5
entire stream on the property that was previously provided. We felt that by not addressing
the stability of this section of channel (regardless frankly of this permit being approved),
it would continue to degrade and contribute sediment from the failing banks to the
downstream waters and Richlands Creek.

a. Provide an exhibit/profile to show the proposed grading of the stream banks
and shows the location and extents of the proposed riprap.

Response: See attached “5201 Trinity Rd_IMPACT MAPS (revised 6Jan2021)”

3) Please provide a profile of the proposed culvert.

Response: See attached “5201 Trinity Rd_IMPACT MAPS (revised 6Jan2021)”

4) Please provide a brief statement about the proposed mitigation statement. Please
reference the mitigation ratio requested by the applicant and a brief explanation of the
proposed ratio. Additionally, the mitigation rule generally prescribes purchasing
stream credits first through a mitigation bank with stream credits available in this
8‐digit HUC and second through the NC Division of Mitigation Services; please
address the use of NCDMS credits within the mitigation statement.

Response: The proposed mitigation includes purchasing stream credits from the N.C.
Division of Mitigation Services (DMS) as per the previously provided SOA from DMS. In
order to obtain this SOA, DMS requires us to certify that we’ve confirmed with all available
private migration banks that they do not have the available credits, which we did.

The NCSAM “LOW” quality findings and additional information (i.e., no upstream section of
stream, stormwater input, long section of piped stream below under a gas station, proposed
stormwater controls, proposed buffer mitigation, etc.) which resulted in the agreed to
mitigation ratio of 1:1 was provided to your office in advance of and within the application.

NOTE: The cumulative proposed permanent loss of perennial stream is 298 linear feet. At such
point that the Corps can verify the use of NWP for this project, we would include Special
Conditions that require the following:

a. A Pre-construction meeting whereby the permanent loss impact limits would be
staked by a licensed surveyor and reviewed in the field, including measuring
the impact footprint with a tape. If the footprint of perennial loss impacts
exceeds 300 l.f., we would then rescind the use of NWP 39, and the applicant
would then have the option to either proceed via the Individual Permit process,
or resubmit a request to use NWP 39 providing additional avoidance and
mitigation of impacts (below the impact limit threshold);

Response: Understood and acceptable.

5201 Trinity Road_Additional Information_8Jan2021_Page 5 of 5
b. An as-built survey of the perennial stream fill showing the footprint of
permanent loss impacts overlaid on the stream/wetland delineation. If the
footprint of perennial loss impacts exceeds 300 l.f., we would then rescind the
use of NWP 39, and the applicant would then have the option to either proceed
via the Individual Permit process, or re-construct the crossings such that they
fit NWP 39 impact limit thresholds.

Response: Understood and acceptable.

NCDWR Major Exception Application - Request for Additional Information, DWR # 2013-
1240.v3 (January 5, 2021):

• Please provide detailed engineering plans, profile views, and cross-sections of the
proposed culvert. These drawings must include details regarding stream alignment in
relation to pipe alignment, pipe slope, pipe burial, and dissipater pad. [15A NCAC 02H
.0502(a) and (c)] .0502(a)(9).

Response: See attached “5201 Trinity Rd_IMPACT MAPS (revised 6Jan2021)”.

• Please explain why the proposed plan for the site has changed since the time the
project was last proposed to be developed. Please demonstrate how avoidance and
minimization has been achieved under the current proposed plan. Secondly, please
explain how the project will comply with state water quality standards as proposed [15A
NCAC 02H .0502 (c)] and [15A NCAC 02H .0506 (b)].

Response: See response to Question 1 on pages 1 to 2 above. The applicant has demonstrated
that the proposed impacts cannot be further avoided or minimized by proof of his inability to
sell or develop the property over the last seven (7) years using the previously approved plan.
The project will comply with these water quality standards by obtaining the authorization to
use the General Water Quality Certification to include all associated conditions anticipated to
be, but not limited to, onsite stormwater management (proposed subsurface sandfilter and
detention), stream mitigation and buffer mitigation.

• Please confirm the use of NWP 39.

Response: The USACE has verified that NWP39 is the appropriate NWP for the requested
stream impacts and is currently reviewing the application. A copy of the anticipated NWP39
verification will be provided to the DWR.

Attachments: USACE Request for Additional Information Email, 22Dec2020
NCDWR Request for Additional Information Email, 5Jan2021
5201 Trinity Rd_IMPACT MAPS (revised 6Jan2021)

1
Bob Zarzecki
From:Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Tuesday, December 22, 2020 9:26 AM
To:Bob Zarzecki
Cc:Trone, Rick V
Subject:5201 Trinity Road / Raleigh / Wake County / SAW-2013-02334 / Request for Additional
Information
Mr. Zarzecki,

I have reviewed the PCN for the above referenced project and need the following questions/comments addressed prior
to issuance of the permit verification.

1) The project proposes to culvert the onsite UT to Richlands Creek for 298 linear feet. The need for such culvert is
not disputed, however it is unclear if the project demonstrated avoidance and minimization to the maximum
extent practicable as required by NWP General Conditions 23(a) and (b). Can you provide additional information
that addresses the following comments:
a. The PCN states that the previously authorized plan proposing to fill 145 linear feet of stream channel
was determined unacceptable for development. Please provide additional information to justify the
authorization of the proposed plan.
b. Why has the location of the building changed? Please provide an explanation for the increase in size of
the proposed building. Provide an explanation for the increase of parking areas in the proposed project.
Were other designs considered to include different layouts, different building size?
c. Please provide information to assist the Corps to understand the needs of the proposed development.
For example, is the construction being steered to meet the needs of the end user?
2) Provide a description to support the proposed riprap stabilization activities as “no functional loss”. Please
include how the riprap will be installed. Will the riprap extend into the channel or stop at the toe of slope?
a. Provide an exhibit/profile to show the proposed grading of the stream banks and shows the location and
extents of the proposed riprap.
3) Please provide a profile of the proposed culvert.
4) Please provide a brief statement about the proposed mitigation statement. Please reference the mitigation ratio
requested by the applicant and a brief explanation of the proposed ratio. Additionally, the mitigation rule
generally prescribes purchasing stream credits first through a mitigation bank with stream credits available in
this 8‐digit HUC and second through the NC Division of Mitigation Services; please address the use of NCDMS
credits within the mitigation statement.

NOTE: The cumulative proposed permanent loss of perennial stream is 298 linear feet. At such point that the Corps can
verify the use of NWP for this project, we would include Special Conditions that require the following:
a. A Pre‐construction meeting whereby the permanent loss impact limits would be staked by a licensed
surveyor and reviewed in the field, including measuring the impact footprint with a tape. If the footprint
of perennial loss impacts exceeds 300 l.f., we would then rescind the use of NWP 39, and the applicant
would then have the option to either proceed via the Individual Permit process, or resubmit a request to
use NWP 39 providing additional avoidance and mitigation of impacts (below the impact limit
threshold);
b. An as‐built survey of the perennial stream fill showing the footprint of permanent loss impacts overlaid
on the stream/wetland delineation. If the footprint of perennial loss impacts exceeds 300 l.f., we would
then rescind the use of NWP 39, and the applicant would then have the option to either proceed via the
2
Individual Permit process, or re‐construct the crossings such that they fit NWP 39 impact limit
thresholds.

Please let me know if you have any questions or concerns. I will be out of the office until December 28 th.

Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE‐SAW‐RG‐R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 554‐4884, Ext. 25.
Fax: (919) 562‐0421
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 . Thank you for taking the time to visit this site and
complete the survey.

1
Bob Zarzecki
From:Trone, Rick V <[e-mail]>
Sent:Tuesday, January 5, 2021 12:00 PM
To:Bob Zarzecki; Phillips, George L CIV USARMY CESAW (USA)
Subject:5201 Trinity Road Request for Additional Information-DWR # 20131240 V3
Mr. Zarzecki,

Please see the following request for additional information on this project. Your request for a Major Exception from the
Neuse River Buffer Rules is being handled separately under DWR # 20131240 Version 4.

On November 25, 2020, the Division of Water Resources (Division) received your application requesting a 401 Individual
Water Quality Certification from the Division for the subject project. The Division has determined that your application
is incomplete and cannot be processed. The application is on-hold until the following information is received:

 Please provide detailed engineering plans, profile views, and cross-sections of the proposed culvert. These
drawings must include details regarding stream alignment in relation to pipe alignment, pipe slope, pipe burial,
and dissipater pad. [15A NCAC 02H .0502(a) and (c)] .0502(a)(9).
 Please explain why the proposed plan for the site has changed since the time the project was last proposed to
be developed. Please demonstrate how avoidance and minimization has been achieved under the current
proposed plan. Secondly, please explain how the project will comply with state water quality standards as
proposed [15A NCAC 02H .0502 (c)] and [15A NCAC 02H .0506 (b)].
 Please confirm the use of NWP 39.

Thank you,

Rick Trone
401 & Buffer Permitting Branch
NCDEQ – Division of Water Resources

[phone] office
512 N. Salisbury Street, Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

From: Bob Zarzecki <[e-mail]>
Sent: Tuesday, December 22, 2020 9:53 AM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Trone, Rick V <[e-mail]>
Subject: [External] RE: 5201 Trinity Road / Raleigh / Wake County / SAW-2013-02334 / Request for Additional
Information

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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