20131240 Ver 3_More Info Received_20210211

5201 Trinity Road_Additional Information_11Feb2021_Page 1 of 4
February 11, 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 now
second round of 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.

This information was discussed during our virtual meeting with you both on February 3, 2021.

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
(February 2, 2021):

1) Please clarify/describe the purpose and need of the proposed project. In the original
PCN submitted the purpose of the proposed project is to “construct a commercial
mixed-use office/retail development” In the response to the Corps request for
additional information references to “pad ready”, “construct the buildings and
parking” and “possible hotel” appear to differ from the original purpose and need.

a. Please note that a NWP verification authorizes work provided it is
accomplished in strict accordance with your application and plans.

Response: The owner has had some interest from hotel developers, but currently the
anticipated purpose is “mixed-use office/retail development” as shown on the
submitted plans. There is a good likelihood that the office space would be used as
medical office space given the vicinity to Rex Hospital and other nearby similar

5201 Trinity Road_Additional Information_11Feb2021_Page 2 of 4
medical office spaces. The owner understands that any verification issued is solely
for the plans submitted and any future unanticipated deviations from these plans will
be provided to both the USACE and DWR for review for consistency with the permit
approvals.

b. The project is being evaluated based on the purpose and need provided and a
change in the project purpose effects the evaluation of the project, i.e., the
position of the building is based on increasing visibility for retail.

Response: The owner understands and the submitted plans are the current anticipated
proposed use for the property.

2) Please describe how the design demonstrates avoidance and minimization to the
maximum extent practicable as described by NWP general conditions 23(a) and (b).

a. Provide an explanation that steered the design of the site and justifies the
stream impacts. For example, could stream impacts be reduced by a reduction
of parking? How does the need for grading the site result in stream impacts?
Could parking be removed and the underground sand filter be moved reducing
stream impacts downstream of the proposed retaining wall? Information to this
effect is necessary to verify compliance with NWP 23(a) and (b).

Response: As discussed during our virtual meeting held on February 3, 2021, please reference
the “Site Data Summary” of the impact exhibits/plans submitted with the original application.
The parking is the minimum required parking (being 85 spaces) for the proposed
building. The City of Raleigh also has a requirement for an outdoor amenity area and the
proposed plan provides the minimum required amenity area (being 0.19 acres as shown
and required is 0.18 acres). The proposed plans include the minimum amount of parking
and have proposed an underground sand filter located under the minimum amount of
park. No additional parking can be removed. The underground sandfilter cannot be
relocated such that would minimize stream impacts. Any alternatives to the proposed
underground sandfilter would be above ground stormwater control measures that would
only require additional area and associated stream impacts than proposed.

The project engineer, Mr. Ed Sconfienza of The Site Group, has provided the following
statement to help further clarify design constraints which resulted in the need for the
requested impacts.

Statement from Ed Sconfienza, P.E. (project engineer) …

“Here are some of the design constraints we considered in laying out the mixed use building on
the 5201 Tryon Road site.

LOCATION OF THE BUILDING
The first decision in the site layout was where to locate the proposed building. The area north of
the existing drainage feature (and proposed storm drainage pipe) is restricted by existing
sanitary sewer easement and existing storm drains from Trinity Road. These existing facilities

5201 Trinity Road_Additional Information_11Feb2021_Page 3 of 4
would be difficult and expensive to relocate. Additionally, the City of Raleigh Code required
Stormwater Control Measures (stormwater detention & nutrient removal facilities) fit more
logically in the area north of the main drainage conveyance feature.

SITE ACCESS
The next decision is how to access the site. Because of the size of the site, it is not feasible for fire
engines and other emergency vehicles to make 90 degree turns inside the site. For safety
concerns, they need a route more-or-less straight path through the site. Fortunately, there are
public roads or drives on both the east and west ends of the site. One additional consideration is
that it is unlikely the City of Raleigh would allow access to Trinity Road; their policy is to restrict
direct access to major thoroughfares to the maximum extent possible.

SITE GRADING
This site has significant grade challenges; the grade change between the westernmost reciprocal
access easement and Edwards Mill Road is 18’-23’. For most commercial applications the
building pad needs to be flat. The parking area closest to the main entrance needs to meet ADA
design criteria (2% maximum grade). We’ve designed this site with 7%-8% grades on the
portions of the driveways closest to the public accesses (Edwards Mill and the reciprocal access
easement); this is the steepest slope that is comfortable and safe for access driveways. The
parking areas are designed with 2%-3% longitudinal and/or slopes; this is a comfortable slope
for parking, opening your door and getting in and out of your vehicle. Other portions of the
internal drives are designed with slopes up to 5%. The City of Raleigh also has a requirement to
provide a 10% outdoor amenity area that is H/C accessible. We have elected to provide ‘green’
amenity areas spread around the site. We expect these areas will be used for lunches or picnics
by the tenants or clients of the proposed facilities. The City amenity area requirement is 0.18
acres; we are providing 0.19 acres.

STORMWATER CONTROL MEASURES (SCM’s)
The City of Raleigh has requirements for limiting the increase is stormwater runoff as well as
meeting nutrient runoff limitation requirements. To meet these requirements, we’ve proposed an
underground sand filter The underground sand filter provides detention as well as nitrogen
removal. The advantage of underground sand filter is that the area above the sand filter can be
used for parking or to meet other site area needs (such as the outdoor amenity area). It makes
sense to use the more expensive underground sand filter rather than a less expensive above
ground measure for this site because the of the physical site constraints for this site.”

NCDWR# 2013-1240.v3 Requests for Additional Information being in the form of two
letters one for the Major Exception and one for the 401 Certificaiton, both with identical
questions and both dated January 25, 2021:

1. Please confirm that the Army Corps of Engineers has verified the use of Nationwide
Permit #39 for the project. The Division is concerned that the proposed 85 linear feet of
rip-rap stabilization between two culverts (one existing, one proposed) will result in a
loss of stream bed and function for this short segment of the UT to Richlands Creek,
and therefore the project as a whole will exceed the 300 liner feet threshold in
Nationwide Permit #39. [15A NCAC 02H .0506 (b), 15A NCAC 02H .0502(c)] & [15A
NCAC 02B .0611 (b)(2)]

5201 Trinity Road_Additional Information_11Feb2021_Page 4 of 4
Response: As stated by Mr. Philips during our February 3, 2021 virtual meeting, the
proposed impacts appear to mee the conditions of NWP39. Notably that the 85 linear feet of
stabilization proposed would be considered a permanent impact, but not a permanent loss and
would not require additional stream mitigation than already proposed for the project. Mr.
Phillips anticipates the project to be verified under the new Nationwide Permit No. 39
effective on March 15, 2021.

2. Please confirm that the US Army Corps of Engineers has accepted the project purpose
and need as stated in the application and supporting materials. [15A NCAC 02H .0506
(b), 15A NCAC 02H .0502(c)] & [15A NCAC 02B .0611(b)(2)]

Response: Based on discussions during the virtual meeting held on February 3, 2021 and this
additional information provided, we understand that the USACE will accept the project
purpose and need.

Attachments: USACE Request for Additional Information Email, 2Feb2021
NCDWR Request for Additional Information Letters, 25Jan2021

1
Bob Zarzecki
From:Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Tuesday, February 2, 2021 3:57 PM
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 additional information provided and need the following comments/questions addressed in order to 
proceed with the evaluation of the project. 

1) Please clarify/describe the purpose and need of the proposed project. In the original PCN submitted the purpose 
of the proposed project is to “construct a commercial mixed‐use office/retail development” In the response to 
the Corps request for additional information references to “pad ready”, “construct the buildings and parking” 
and “possible hotel” appear to differ from the original purpose and need. 
a. Please note that a NWP verification authorizes work provided it is accomplished in strict accordance 
with your application and plans.  
b. The project is being evaluated based on the purpose and need provided and a change in the project 
purpose effects the evaluation of the project, i.e., the position of the building is based on increasing 
visibility for retail.  
2) Please describe how the design demonstrates avoidance and minimization to the maximum extent practicable 
as described by NWP general conditions 23(a) and (b).  
a. Provide an explanation that steered the design of the site and justifies the stream impacts. For example, 
could stream impacts be reduced by a reduction of parking? How does the need for grading the site 
result in stream impacts? Could parking be removed and the underground sand filter be moved reducing 
stream impacts downstream of the proposed retaining wall? Information to this effect is necessary to 
verify compliance with NWP 23(a) and (b). 

Please let me know if you have any questions. I am available tomorrow after 900am if you would like to discuss.  

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. 

January 25, 2021

DWR # 20131240 v4
Wake County

Mr. Harshavardhan Tummalpally
336 Euphoria Court
Cary, NC 27519

(Delivered via email at [e-mail])

Subject: REQUEST FOR ADDITIONAL INFORMATION
5201 Trinity Road Project – Riparian Buffer Authorization with Major Exception

Dear Mr. Tummalpally,

On November 25, 2020, the Division of Water Resources (Division) received your application requesting
Authorization with Major Exception 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:
1. Please confirm that the Army Corps of Engineers has verified the use of Nationwide Permit
#39 for the project. The Division is concerned that the proposed 85 linear feet of rip-rap
stabilization between two culverts (one existing, one proposed) will result in a loss of stream
bed and function for this short segment of the UT to Richlands Creek, and therefore the
project as a whole will exceed the 300 liner feet threshold in Nationwide Permit #39. [15A
NCAC 02B .0611 (b)(2)]
2. Please confirm that the US Army Corps of Engineers has accepted the project purpose and
need as stated in the application and supporting materials. [15A NCAC 02B .0611 (b)(2)]

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).

If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
5201 Trinity Road Project
Request for Additional Information
DWR # 20131240v4
Page 2 of 2

project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Please be aware that you have no authorization under the Neuse River Riparian Buffer Protection Rule
(15A NCAC 02B .0611) for this activity and any work done within waters of the state or riparian buffers
may be a violation of North Carolina General Statutes and Administrative Code.

Please contact Rick Trone at [e-mail] if you have any questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
Bob Zarzecki, S&EC
DWR 401 & Buffer Permitting Branch file

January 25, 2021

DWR # 20131240 v3
Wake County

Mr. Harshavardhan Tummalpally
336 Euphoria Court
Cary, NC 27519

(Delivered via email at [e-mail] )

Subject: REQUEST FOR ADDITIONAL INFORMATION
5201 Trinity Road Project

Dear Mr. Tummalpally,

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
requested additional information on January 5, 2021 and received your response on January 8, 2021.
The Division has determined that your application is still incomplete and cannot be processed. The
application is on-hold until the following information is received:
1. Please confirm that the Army Corps of Engineers has verified the use of Nationwide Permit
#39 for the project. The Division is concerned that the proposed 85 linear feet of rip-rap
stabilization between two culverts (one existing, one proposed) will result in a loss of stream
bed and function for this short segment of the UT to Richlands Creek, and therefore the
project as a whole will exceed the 300 liner feet threshold in Nationwide Permit #39. [15A
NCAC 02H .0506 (b), 15A NCAC 02H .0502(c)]
2. Please confirm that the US Army Corps of Engineers has accepted the project purpose and
need as stated in the application and supporting materials. [15A NCAC 02H .0506 (b), 15A
NCAC 02H .0502(c)]

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).

If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
5201 Trinity Road Project
Request for Additional Information
DWR # 20131240v3
Page 2 of 2

project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.

Please contact Rick Trone at [e-mail] if you have any questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
Bob Zarzecki, S&EC
DWR 401 & Buffer Permitting Branch file