20141158 Ver 3_401 Application_20161016

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, IAC 27615 • Phone: [phone]
sandec.coin
October 6th, 2016
S&EC Project #12247.W5
To: RALEIGH REGULATORY FIELD OFFICE NC DWR, 401 & Buffer Permitting Unit
US Army Corps of Engineers
Attn: Eric Alsmeyer Attn: Karen Higgins
3331 Heritage Trade Drive, Suite 105 Archdale Building — 9th Floor
Wake Forest, North Carolina 27587 512 North Salisbury Street
Raleigh, NC 27604
There is a $240 DWR permit application fee attached @ a
From: Kevin C. Martin
Soil & Environmental Consultants, PA rl� T 620165
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. DWR issued a 401 for a previous application for this project but prior to approval by the Corps, the
applicant withdrew their Nationwide permit application after determining that the proposed plan was
infeasible.
The two smaller building site plan was determined to be impractical for the following reasons:
The site presented many economic challenges. The largest being the extreme
volume of imported material required to meet required grades. With a two building
scenario, the site work design required approximately 60,000 cubic yards of
imported material plus any unsuitable material found throughout the site. These
cost would easily exceed one million dollars. For this product type, the resulting
rental rates would be impossible to obtain.
2. A single building design allowed a more efficient site design that would allow for an
extra pond used to treat off site storm water while simultaneously balancing the
site.
3. A two building design is inherently inefficient as compared to a single building
design. Duplication of base building systems such as fire protection, fire alarm,
electrical service, etc. along with additional concrete for the same square footage
drives the economics of a single building design.

4. Existing properties to the north and east (both approx. 70% impervious) had no
water quality or quantity controls. Ponds provided will achieve water quality and
pre -post quantity up to the 100yr storm for our site plus the ones to the north and
east. Stormwater discharges from these sites have degraded the existing wetland.
5. The site contains 3.52 acres of floodplain (15% of the site), unlike other local governments,
Durham does not allow any development within the floodplain. This severely reduced
unusable are onsite particularly since there were no wetlands within the 100 year floodplain
and since the floodplain is located on a prime area of the lot with road frontage on Stirrup
Creek Dr. and Miami Blvd.
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 is requiring wetland mitigation at a 2:1 ratio for 0.445 acre of permanent impacts under NWP
39 so the required mitigation is 0.89 ac.
Please contact me at [phone] if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
Triangle Business Center Lot 2
Project Type
Lot in a Commercial Subdivision
Owner / Applicant
0.0
County
Durham
Nearest Town
Durham
Waterbody Name
Stirrup Iron Creek
Basin
Neuse
Class
C; NSW
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
Submitted with original application:
Wetland Delineation Survey USGS topo
Soil Survey DWR Buffer confirmation Letters (includes soil survey and usgs)
Only with DWR submittal:
Permit Application fee ($240)

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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 ❑X No
For the record only for Corps Permit:
❑ Yes NX 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.
X❑ Yes ❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X 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):
Latitude: 35.919447 Longitude: -78.84705
1 c. 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 (includingall prior phases)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 S&EC, 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 10/29/15. 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 # 14-1158 & NBRRO#14-376)
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
9 Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A 401 WQC was approved for this project (DWR#14-1158v2) on 8/18/16 but the application was withdrawn from the Corps prior to their approval.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X 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
0.445
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:
0.445
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
feet)
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 indivi ually 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:
5. 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. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) 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 DWQ)
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
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
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
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See attached Avoidance & Minimization/Impact Justification
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See attached Avoidance & Minimization/Impact Justification
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?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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: 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:
0.89 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
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 1.4 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 Q 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 project require a Stormwater Management Plan?
0 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)
Plan will also treat currently untreated offsite stormwater (see attached See attached Avoidance & Minimization/Impact Justification for more details)
Also see attached Post Development Tributary Map
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 thisproject?
City of Durham
❑X Phase II
❑X NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
E]Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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 Q No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

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 ❑X 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,
E] Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
❑Yes ❑X 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 Z 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.
We have reviewed the "Draft Internal 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 (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.
Wastewater will be collected and treated via an existing municipal collection system.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes QX No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X 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 QX 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 QX 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://gis.ncdcr.gov/hpoweb/.
B. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X 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
10/062016
Applicant/Agent's Printed Name
Date
Applicant/ gent' Signature
(Agent's signature is only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

D.l.a&b AVOIDANCE & MINIMIZATION/IMPACT JUSTIFICATION
1. The site presented many economic challenges. The largest
being the extreme volume of imported material required to
meet required grades. With a two building scenario, the site
work design required approximately 60,000 cubic yards of
imported material plus any unsuitable material found
throughout the site. These cost would easily exceed one million
dollars. For this product type, the resulting rental rates would
be impossible to obtain.
2. A single building design allowed a more efficient site design that
would allow for an extra pond used to treat off site storm water
while simultaneously balancing the site.
3. A two building design is inherently inefficient as compared to a
single building design. Duplication of base building systems such
as fire protection, fire alarm, electrical service, etc. along with
additional concrete for the same square footage drives the
economics of a single building design.
Other things to note:
1. Existing properties to the north and east (both approx. 70% impervious)
had no water quality or quantity controls. Ponds provided will achieve
water quality and pre -post quantity up to the 100yr storm for our site plus
the ones to the north and east. Uncontrolled stormwater discharges from
these sites have degraded the existing wetland.
2. Our site contains 3.52 acres of floodplain (15% of the site), unlike other
local governments, Durham does not allow any development within the
floodplain. This severely reduced unusable are onsite particularly since
there were no wetlands within the 100 year floodplain and since the
floodplain is located on a prime area of the lot with road frontage on
Stirrup Creek Dr. and Miami Blvd.

Environmental Consultants,
8412 Palls Of NCLISC }food, Suile 141, Rwleigll, NC 27615 • Phone: [phone]tX)
smidec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Triangle Business Center Lot 2— S&EC Project #12247.W5
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Eric Alsineyer Field Office; Raleigh
I, the undersigned, a duly authorized owner of record of the property/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 printl
Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

Mitigation Services
ENV IRON MENTAL QUALITY
Marvin Shapiro
Triangle Park Raleigh
923 N/ Pennsylvania Ave.
Winter Park, FL 32789
Project: Triangle Business Center Lot 2
PAT MCCRORY
DONALD R. VAN DER VAAR'r
September 29, 2016
Expiration of Acceptance: March 29, 2017
County: Durham
This letter revises and replaces one issued dated July 28, 2016. 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 Buffer II
(Sq. Ft.) (Sq. Ft.)
Cold
Cool
Warm Riparian
Non -Riparian Coastal Marsh
Neuse
03020201
0
0
0 0.445
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,
Ja es B Stanfill
Ass anagement Supervisor
cc: Eric Alsmeyer, USACE- Raleigh
Kevin Martin, agent
State a North Carolina Environmental Quality Mitigation Serviccs
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street Suite 3000
919 707 8976 T

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