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HomeMy WebLinkAbout20110974 Ver 1_401 Application_20111111 SPANGLER ENVIRONMENTAL, INC. Land Planning • Permitting • Environmental Consulting Construction Manage(meejnJt• Expert Testimony October 31, 2011 L, ! L5 Mr. Ian McMillan N O V - 1 ?011 1650 Mail Service Center Raleigh, NC 27699-1650 ?MpS ORMWATERWMW RE: PCN-RDU Center IV Dear Ian, Please find attached for your review the PCN application for the NWP 39 for the project site located in the northeast quadrant of the intersection of RDU Center Drive and Aviation Pkwy. The proposed wetlands impacts total 0.05 acres and are depicted in the attached site plans. The project site's stormwater was anticipated and incorporated in the eastern adjacent property's stormwater plan that was approved. Attached are the 5 copies of the USGS site location map, USDA soil survey map, USACE JD, Site plan and approved Stormwater plan. Thank you for your timely assistance in this matter. Sincerely, i Cal er Project Scientist CC: Greg Sandreuter file attachements- PCN Form USGS Site Location Map USDA Soil USACE JD Site Plan & Approved Stormwater plan Application Fee (amt: $240 check) Agent Authorization Letter 4338 Bland Road Raleigh, N.C. 27609 te1919-546-0754 fax 919-546-0757 Toll Free 1-866-SPANGLER 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 910-343-8351 www.spanglerenvironmental.com 2 0 1 1 0 0 7 4 o?c'? w A rFg Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 7' F7 1. Processing, 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: RDU Center IV 2b. County: Wake r= 2c. Nearest municipality / town: ri Cary 1 " FT 2d. Subdivision name: ull[ "-UV 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information _;AErr, 3a. Name(s) on Recorded Deed: RDU Center IV "- 3b. Deed Book and Page No. Bk. 13014 Pg: 0240 3c. Responsible Party (for LLC if applicable): Greg Sandreuter 3d. Street address: 9335 Harris Corners Pkwy Suite 250 3e. City, state, zip: Charlotte, NC 28269-3822 3f. Telephone no.: (704) 597 7757 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: Same as Owner 4c. Business name (if applicable): 4d. Street address: " 4e. City, state, zip: " 4f. Telephone no.: " 4g. Fax no.: " 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jim Spangler 5b. Business name (if applicable): Spangler Environmental, Inc 5c. Street address: 4338 Bland Road 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919 875 4288 5f. Fax no.: 919 875 4287 5g. Email address: jpangler@spanglerenvironmental.com Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0766054573 1 b. Site coordinates (in decimal degrees): Latitude: 35.852831 Longitude: - 78.795761 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 4.27 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Lake Crabtree 2b. Water Quality Classification of nearest receiving water: Class B waters 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is a cleared vacant lot with office buildings adjacent and in the vicinity the land use is commercial 3b. List the total estimated acreage of all existing wetlands on the property: 0.9 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: El Yes F1 No El Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ®Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Steve Kichefski Agency/Consultant Company: Spangler Environmental, Inc Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 3-10-11 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ®No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ®T fill ? Yes ® No ® Corps ? DWQ 0.08 W2 ® P ? T fill ? Yes ® No ® Corps ? DWQ 0.05 W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ?Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The avoidance and minimization measures taken in designing are limited by the layout demands set by building setbacks, parking requirements, etc., however to limit the area disturbed and avoid significant impacts to the wetland unit located at the NE corner of the site, a parking deck was implimented in this area to maximize the ability to minimize wetland impacts. The attached site plan and cross section of the impact area further illustrates the slope (2:1) contructed for the parking deck foundation is steepened to limit the amount of fill placed in the wetland necessary to construct a suitable foundation for the parking deck. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Earth moving equipment referenced above will only operate in area necessary for the construction of the building pad as well as fill and other construction materials. Sediment and erosion control measures will be in place in accordance with the approved S& EC plans. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 62% 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: see attached approved Stormwater Plan that is designed to incorporate the subject property's (RDU IV) stormwater as apart of its sizing and design. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Cary ? Phase II 3b. Which of the following locally-implemented stormwater management programs ® NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a . Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b . Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a . Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 5b . Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b . Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a . Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b . If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a . 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 Page 9 of 10 PCN Form -Version 1.3 December 10, 2008 Version 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The site has already been cleared and graded, therefore the above mentioned areas and/or habitats do not exist. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The site has already been cleared and graded, therefore the above mentioned areas and/or habitats do not exist. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The site has already been cleared and graded, therefore the above mentioned areas and/or habitats do not exist. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA flood map 3720076600J Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version RDU CENTER III LLC December 7. 2010 To Whom It May Concern: The letter serves to inform you that RDU III Center LI-C, c/o Beacon Partners, 9335 Harris Corners Pkwy, Charlotte NC: 28269 hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as RDU Center and as shown in Wake County (see attached site plan). All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent-related correspondence. The following contact persons should be copied on all correspondence: Property Owner (or Legal Agent/Representative): Gregg Sandreuter, Member RDU CENTER III LLC c/o Beacon Partners 9335 Harris Corners Pkwy Charlotte NC 28269 (704) 597-7757 Technical Agent: James A. Spangler Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 919-875-4288 Fax 91.9-875-4287 Sincerely, °V gg Sandreuter -, SGS L1. I11,VAiiTM1:?11N illl.iNll HIe?H CARY QI,ALRhNGIY V?W I?thtNtN:N:LL UINt'i.', WMRi1CMfBAAA ?r1 - ].61RM]if. E#Ml(]I%[K.IWIbCt •n---.. _.. f ?fir. -... ? ?, C 1 , i a 6w ? I! \? t5 i Site f t f _ s . `.: .; tl t? Wll.liJ nll' b NH'T l.n ,?t.'. 7 `rf ?....Wi ?. 1 .r WS'*F,y? ? ? 4Tn TA VnHA .#«-, 1 .w.b.a 44 ?• tI . % /i '/ ?bb?>?urr,'" tµp„:] 3 to L 1 ?. t l .,1,?? ice- ?? .4 i ]` n•wx• " rrAAb ua wo RECEIVED ti. ?1G1111[itill\4?WWf ,O? Y?iALR?t'_?s YIRRIrt OLNMIt CprDMMIMRl CARY. W M 4R?RDU Center IV Raleigh Office: Wilmington Office: 4338 Bland Road 3961-B Market Street USGS Wake Co., NC Raleigh, NC 27609 Wilmington, NC 28401 SEI # 201010040 919-546-0757 910-343-8351 Site Location Map SPANGLER ENVIRONMENTAL. INC. Raleigh Office: Wilmington Office: RDU Center IV 4338 Bland Road AWN 3961-B Market Street USDA Wake Count Wake Co., NC Raleigh, NC 27609 Wilmington, NC 28401 y SEI # 201010040 919-546-0757 TJJF 910-343-8351 Soil Survey Map PANGLER pg 36 €:.:.JWIRONMENTAL. INC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW2010-02075 County: Wake U.S.G.S. Quad: Cary, NC NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Gregg Sandreuter Address: RDU Center III LLC 9335 Harris Corners Parkway Charlotte, NC 28269 Telephone No.: 704-597-7757 Property description: Size (acres) _4 Nearest Town Morrisville, NC Nearest Waterway Lake Crabtree River Basin Neuse USGS HUC 03020201 Coordinates N 35.8532 W -78.7958 Location description Site is located at 1111 RDU Center Dr Morrisville Wake County North Carolina Indicate Which of the Following Aaaly: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the pennit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the waters of the U.S. on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The wetland on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest yuu have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the pennit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 131 1). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Steve Kichefski at 919-554-4884 ext. 35. C Basis For Determination There is one jurisdictional wetland that abuts with an unnamed tributary [UT) to Lake Crabtree and meets the hydroyhytic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual This UT to Lake Crabtree is a relatively permanent water (RPW) that flows into Lake Crabtree Lake Crabtree flows into Crabtree Creek, another RPW, which flows into the Neuse River. The Neuse River is a navigable water. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Steve Kichefski, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 9, 2011. **It is not necessary to submit an RFA form to the Distric Office if you do not object to the determination in this correspondence.** Corps Regulatory Official:" Date March 10, 2011 Expiration Date March 10, 2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so. please complete the Customer Satisfaction Survey located at our website at http://regulator?usacesurvey.comi to complete the survey online. Copy furnished: Jim Spangler Spangler Environmental, Inc. 4338 Bland Road Raleigh, NC 27609 RECEIVED JUN 2 5X17 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 21, 2007 DWQ Project # 01-0168 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Greg Sandrenter HRH & Associates Post Office Box 19726 Raleigh, North Carolina 27619 Subject Property: RDU Center 3 and 4 APPROVAL OF STORMWATER MANAGEMENT PLAN Dear Mr. Sandrenter: On June 13, 2007, the Division. of Water Quality (DWQ) received the revised stormwater management plan for RDU Center 3 and 4, prepared by your engineer, BSC Rice. This Plan has been reviewed and satisfies Condition Number 2 of the 401 Water Quality Certification issued for this project on March 21, 2001. The structural stormwater practices as approved by DWQ as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the DWQ. Stormwater easements shall be recorded for a distanoe of at least 10 feet on each side of-all stormwater conveyances on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. This letter completes the review of the DWQ under Section 401 of the Clean Water Act. If you have any questions, please contact me at 919-715-3425. Sincerely, a e' ?J ,., . Annette Lucas, Environmental Engineer III 401 Oversight/Express Review Permitting Unit AML/aml 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: littp:A/li2o.eiir.state,ne.us/r.icwetlaiids Noio Caro p; atU'r An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Greg Sandrenter Page 2 of 2 June 21, 2007 cc: USACE Raleigh Regulatory Field Office Raleigh DWQ Regional Office File Copy Central Files BSC Rice, 978 Trinity Road, Raleigh, N IC 27607 Filename: 01016MUCenter3and4(Wake) Approve_SW