20141158 Ver 2_401 Application_20160816

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] •
® sandec.com
August 1st, 2016
S&EC Project #12247.W5
To: RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
Attn: Eric Alsmeyer
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Budding — 9th Floor
512 North Salisbury Street
Raleigh, NC 27604
There is a $240 DWR permit application fee attached
From: Kevin C. Martin
Soil & Environmental Consultants, PA
Re: Lot 2 Triangle Business Center
Durham, Durham County, NC
On behalf of the applicant, Triangle Park (Raleigh) PIP Limited Partnership, please find attached a
complete application and supplemental information requesting a Nationwide permit 39 from the US Army
Corps of Engineers and a 401 Water Quality Certification from the N.C. Division of Water Resources
(NCDWR). The Corps determined that the pond on Lot 2 was constructed in high ground and therefore is
not jurisdictional. DWR confirmed that there are no waters subject to the Neuse Riparian Buffer rules on
Lot 2.
The proposed project is an office/warehouse project within the existing Triangle Business Center
commercial subdivision. For more details see the attached site plans, maps and PCN form. The proposed
impacts are for roads, buildings and parking. The Corps requested that the larger higher quality wetland
be avoided so the site plan we redesigned to do so.
The Corps is requiring wetland mitigation at a 2:1 ratio for 0.133 acre of permanent impacts under NWP
39 so the required mitigation is 0.266 ac.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Tdan le Business Center Lot 2
Project Type
Lot in a Commercial Subdivision
Owner / Applicant
County
Durham
Nearest Town
Durham
Waterbody Name
Stirrup Iron Creek
Basin
Neuse
Class
C; NSW s

IMPACT SUMMARY
Stream Impact (acres):
0.0
Wetland Impact (acres):
0.133
Open Water Impact (acres):
0.0
Total Impact to Waters of the U.S. (acres)
0.133
Total Stream Impact (linear feet):
0
Zone 1 Buffer
0 sgft
Zone 2 Buffer
0 sgft
Attachments: USACE and DWR package:
Pre -construction Notification (PCN) Application Form Statement of Mitigation Availability (DMS)
Impact Exhibits (2 pages)
Owner Certification/Agent Authorization DWR Buffer confirmation Letters (includes soil survey and usgs)
DWR package only: (the USACE already have these on file)
Wetland Delineation Survey Permit Application fee ($240)
USGS topo Soil Survey

O�ot WA Le'9
h r
P `c
Office Use Only:
Corps action ID no.
DWQ project no.
Foran Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. 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
1e. 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2. Project Information
2a. Name of project:
Triangle Business Center Lot 2
2b. County:
Durham
2c. Nearest municipality / town:
Durham
2d. Subdivision name:
Triangle Business Center
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Triangle Park (Raleigh) PIP Limited Partnership
3b. Deed Book and Page No.
Deed Book: 002150 Deed Page: 000871
3c. Responsible Party (for LLC if
applicable):
Marvin Shapiro
3d. Street address:
923 North Pennsylvania Ave.
3e. City, state, zip:
Winter Park, FL 32789
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
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:
Kevin Martin
5b. Business name
(if applicable):
Soil & Environmental Consultants, PA
5c. Street address:
8412 Falls of Neuse Rd., Suite 104
5d. City, state, zip:
Raleigh, NC 27615
5e. Telephone no.:
919-270-7941
5f. Fax no.:
919-846-5900
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0748-02-59-3645
1 b. Site coordinates (in decimal degrees):
I Latitude: 35.919447 Longitude: -78.84705
1c. Property size:
23.784 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Stirrup Iron Creek
2b. Water Quality Classification of nearest receiving water:
C; NSW
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:
Wooded bordered by a highway and commercial development
3b. List the total estimated acreage of all existing wetlands on the property: 0.455
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Allow development oe the property for two buildings that will be a combination of office and warehouse
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical construction equipment for commercial development will be utilized. See attached plans for site details
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 priorphases) in the past?
® Yes ❑ No ❑ Unknown
Comments:
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): Kevin Martin of SBEC, PA
Agency/Consultant Company: Eric Alsmeyer USACE
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps visited the site on 8/26/15 and a survey of the delineation was provided to the on 10!29115. DWR visited the site on 10/10/15 and 11/10/15 and
determined that there were no areas on property subject to the Neuse River Riparian buffer rules (DWR project # 141158 & NBRRO#14-376)
5. Project History
Sa. 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.
Corps reviewed the file for the Triangle Business Center and determined that there have been nor previous permit applications or approvals.
S. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.133
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.133
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g•
Impact
length
(linear
fee)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
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 DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman [] Other.
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B 1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
84 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project was designed around higher value wetlands as requested by the Corps, only a small amount of the 0.455 acres of wetlands are being impacted
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Onginal site plan called for impacting 0.445 acres of wetland. Highest value wetland has been avoided with the redesign
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
® Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete N Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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:
0 linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0.266 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments: Corps is requiring a 2:1 ration for impacts to 0.133 acres of riparian wetland
6. 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 1.4 January 2009

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

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
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
41
2b. Does this pro'ect require a Stormwater Management Plan?
Q 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:
Stormwater will be treated by a wet detention pond (see attached plans)
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Durham
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is this roject?
City of Durham
® Phase II
3b. Which of the following locally -implemented stormwater management programs
® NSW
USMP
apply (check all that apply):
8 Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
Yes ®No
attached?
4. DWC Stormwater Program Review
[]Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
ORW
(check all that apply):
HSession Law 2006-246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
Yes ® No
attached?
5. DWO 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 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWO Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1b. 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)?
1c. 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 (DWO Requirement)
2a. Is the site in violation of DWO Welland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWO 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 (DWO 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 DWO policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Intemal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban In -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. Triangle Business Center Lot 2 is a small commercial In -fill development.
4. Sewage Disposal (DWO 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.
Wastewater will be oollec d and treated via an existing municipal collection system.
Page 9 of 10
PCN Form — Version 1.4 January 2009

S. 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?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Northern long eared bat was listed for Durham county 4/2/15, since this project involves the removal of some trees the Corps will initiate
consultation with the USFWS.
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?
National Marine Fisheries website
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?
Data obtained from http://gls.ncdcr.gov/hpowebt.
S. 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:
While there is floodplain on the property none of the wetland impacts or development will occur within the floodplain.
8c. What source(s) did you use to make the floodplain determination?
Durham county GIS
Kevin C. Martin
�'
08/01/2016
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature Is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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Mitigation Services
ENVIRONMENTAL QUALITY
July 28, 2016
Marvin Shapiro
Triangle Park Raleigh
923 N/ Pennsylvania Ave.
Winter Park, FL 32789
Project: Triangle Business Center Lot 2
PAT MCCRORY
W, rI nw
DONALD R. VAN DER VAART
J, Oroll
Expiration of Acceptance: January 28, 2017
County: Durham
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
Impact
River
Basin
CU Location
(8 -digit HUC)
Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold91'l
Warm Ri avian Non-Ri arian
Coastal Marsh
Neuse
03020201
0
0 0.133 1 0
0 0
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC
02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any
questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
a�7`p
Jeanagement
ASupervisor
cc: Eric Alsmeyer, USACE- Raleigh
Kevin Martin, agent
State aMorth Carolina Fmmornmal Quality l Mitigation Services
1652 Mag Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street Suite 3000
919 707 8976 T

Environmental Consultants,
8412 Palls of pause Road, suite IN, Raleigh, NC 27615 • Phone: [phone]M
smidee.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Triangle Business Center Lot 2^ S&EC Project #12247.W5
Date:
The Department of the Ariny
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Eric Alsmeyer Field Office: _Raleigh
I, the undersigned, a duly authorized owner of record of the properly/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on-site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. 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 property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Numbers) (PIN): 0748-02-59-3645
Site Address: 4001 Stirrup Creek Dr.
City, County, State: Durham, Durham, NC
PROPERTY OWNER INFORMATION
Triangle Park (Raleigh) PIP Limited Partnership, 923 North Pennsylvania Ave., Winter Park, FL 32789
Marvin Shapiro President
Property Owner (please print) Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

��
�tCDEHR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL RECEIPT
John E. Skvada, III
Secretary
November 18, 2014
DWR Project # 14-1158
Durham County
Kevin Martin
Soil and Environmental Consultants, PA
8412 Falls of the Neuse Road, Suite 104
Raleigh, NC 27615
Subject Property: Triangle Business Center, Lot 2, Durham
Stirrup Iron Creek
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Martin:
On November 10, 2014, at your request, Cyndi Karoly and Jennifer Burdette of the Division of
Water Resources (DWR) conducted an on-site determination to review one feature located on the
subject site for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as B on the attached map initialed by Ms. Karoly on November 10, 2014. DWR Staff from the
Raleigh Regional Office had previously conducted an on-site determination of this feature, along
with two others on the property. In your email message to the Director dated October 28, 2014,
you requested an appeal of their determination for feature B only, as provided within 15A NCAC
02B.0267 (3) (a).
Ms. Karoly and Ms. Burdette conducted an appeal of the original DWR determination as stated
above. During their review, Ms. Karoly and Ms. Burdette evaluated feature B to determine
whether or not it was an excavated, man-made ditch.
DWR has determined that the feature labeled as "B" on the attached map is a man-made
ditch and is not subject to the Neuse Buffer Rules.
401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org
An Equal oppoftNh %Aftngbva Acbon Employer — Made In part by reoy W War

Mr. Martin
Durham County
November 18, 2014
Sincerely,
Cyndi Karoly, Manager
Wetlands Branch
CBI(/cbk
Enclosures: Site Map
NCDWR 10/26/2014 Determination Letter
cc: DWQ RRO 401 files
401 & Buffer Permitting Unit files
Filename: 141158 TriangleBusinessCenterLot2 JDN_Stream_Det_Appeal.docx

North Carolina Department of Environment and Natural Resourcesg
b
John E
Pat McCrory
Governor
S&EC
Kevin Martin
8412 Falls of the Neuse Suite 104
Raleigh, NC 27615
Determination Type:
Buffer Call
® Neuse (15A NCAC 2B.0233)
❑ Tar -Pamlico (15A NCAC 2B -0259)
❑ Jordan (15A NCAC 2B .0267)
October 16, 2014
Isolated or EIP Call
,JF
So1?.4nvro-1-- ""'+900111u,PA
Skvarla, III
Secretary
Subject: Stream Buffer Determination
NBRRO#14-376
Durham County
❑ Ephemeral/Intermittenyperennial Determination
❑ Isolated Wetland Determination
Project Name: T ]e Business Center Lot 2
Location/Directions: property is located south of TW Alexander east of Miami Blvd, north of
GE.
Subject Stream: Stirrap Iron Creek
Determination Date: October 10, 2014 Staff: James Graham
_NC 27699.1628 Phone [phone]
North Caroline Division of Water Resources 1628 Mail Service Center Raleigh,
Internet: www nawatemualRv.ora An EEqgsW 0pp�� Acts Employer N ReoydBWIO 6 Post 9ConsumerPaper

nangic zwmess t..enter Lot 1
Durham County
October 21, 2014
Page 2 of 2
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1;24,000 scale. Bach feature that is checked
"Not Subject°' has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. Titers may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c% Karen Higgins, DWR WeBSCaPe Unit,1650 Mail Service
Center, Raleigh, NC 27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within skly (60)
days.
The owner/future owners should notify the Division of Water Resources (mcluding any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)48074300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact James Graham at [phone].
/%/%i
Danny Smith Supervisor
Water Quality Section
Raleigh Regional Office
oc: RRO/SWP File Copy

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NORTHING
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12019
789811.0700
2046136.5900
CL ' DITCH
12092
7898591450
2045515.1910
16
12020
789816.4990
2046124 4830
CL ' DITCH
12093
789876.0710
2045478.4270
17
12021
789806.5400
2046098.5400
CL ' DITCH
12094
789862 4940
2045458 4440
18
12022
789805.9630
2046092.5830
CL ' DITCH
12095
789831 83B
20454512810
19
12023
769819.9210
2046087.9350
CL ' DITCH
12096
789802.3740
2045435.1280
20
12024
789823 3380
2046082 8760
CL ' DITCH
12097
789771 4110
2045408 4370
21
12025
789824 9490
2046070 9410
CL ' DITCH
12098
789739.6800
2045386 6860
22
12026
769819.4050
2046057 5160
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789714.0150
2045386 2600
23
12033
789758 9710
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12100
789720 0180
2045452.5520
25
12034
789778.3680
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12101
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2045436 4630
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12036
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12102
789588 2940
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12103
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12049
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CL B3' DITCH
12107
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2045320.2010
10
12052
789706 7850
20459111560
CL 93' DITCH
12108
789655 6640
2045330 5800
9
12055
7896891380
2045893.1350
CL B3' DITCH
12109
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2045357.1240
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12058
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CL 83' DITCH
12110
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PIN. 0749-04-50-5259
DB. 6118 PG 697
PB. 96 PG 144
?29
17
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JURISDICTIONAL 3D
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FEATURE A: 446 SF
FEATURE B 5,603 SF
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TOTAL AREA 19,822 SF
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION
404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN
THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING
THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U S ARMY CORPS OF ENGINEERS WETLANDS DELINEATION
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10-07-15 DURHAM DURHAM COUNTY NORTH CAROLINA
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AREA TABLE
JURISDICTIONAL WETLAND
FEATURE A: 446 SF
FEATURE B 5,603 SF
FEATURE C• 178 SF
FEATURE D: 1-1,595 SF
TOTAL AREA 19,822 SF
"THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION
404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN
THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING
THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U S ARMY CORPS OF ENGINEERS WETLANDS DELINEATION
MANUAL"
REGULATORY OFFICIAL:
TITLE:
DATE:
USACE ACTION ID NO.•
SUR BY
JM WETLAND DELINEATION MAP
SHEET
DRAWN BY OF
DHG
CHECKED BY LOT 2 OF
Sw TRIANGLE BUSINESS CENTER
DATE 1
10-07-15 DURHAM DURHAM COUNTY NORTH CAROLINA
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