20171373 Ver 1_401 Application_20171027

ENVIRONMENTAL SERVICES, INC
4901 TRADEMARK DRIVE
RALEIGH, NC 27610
[phone] • FAX [phone]
environmentalservicesinc.com
October 23, 2017
NCDWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Patriot Drive Culvert Extension
Durham, NC
401 WQC Request
Ms. Higgins:
2 0 1 7 1 3 73
ESI is pleased to submit the attached application for a 401 General Water Quality Certification
for a proposed culvert extension that is necessary on Patriot Drive in Durham, NC. The City of
Durham has requested that the developer of the adjacent Patriot Park obtain this approval and
widen the existing roadway. The impacts are approximately 6 linear feet to a perennial tributary
of Stirrup Iron Creek.
Enclosed please find four copies of the application package and the $240 fee. Please contact me
if you have any questions or comments during the review process. Thank you for your
assistance.
Sincerely,
41arbour, P S
Technical Director
�.J

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 U(, 2011
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ 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 ❑X 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 ❑ 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 ❑X No
1g.
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:
Patriot Drive Culvert Extension
2b.
County:
Durham
2c.
Nearest municipality / town:
Durham
2d. Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Patriot Park Partners, LLC and SCP Patriot II, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
David Meisenhelder
3d.
Street address:
8900 Keystone Crossing, Suite 100
3e.
City, state, zip:
Indianapolis, IN 46240
3f.
Telephone no.:
317-818-1881
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 ❑X Other, specify: Developer
4b. Name:
David Meisenhelder; SCP Patriot II, LLC
4c. Business name
(if applicable):
Strategic Capital Partners
4d. Street address:
8900 Keystone Crossing, Suite 100
4e. City, state, zip:
Indianapolis, IN 46240
4f. Telephone no.:
317-819-1881
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Jeff Harbour
5b. Business name
(if applicable):
ESI
5c. Street address:
4901 Trademark Drive
5d. City, state, zip:
Raleigh, NC 27591
5e. Telephone no.:
919-212-1760
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification PIN for Patriot Park 0748-04-65-6682
1a. Property identification no. (tax PIN or parcel ID):
No PIN or parcel ID for road per county GIS
1b. Site coordinates (in decimal degrees):
Latitude: 35.912 Longitude: -78.8493
1c. Property size:
84 acres Not applicable for road
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:
Patriot Drive is an existing 2 -lane road providing access to an existing office complex as well as the initial phase of Patriot Park that is currently under
construction. The City of Durham has requested that the developer of Patriot Park widen the entrance road as defined in this application. The land
use is primarily commercial and industrial in the vicinity of the project.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 20
3d. Explain the purpose of the proposed project:
City of Durham is requesting that Patriot Drive be expanded from two to three lanes, thus requiring an extension to the existing culverts.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing double culverts will be extended by approx. 6 feet and a new head wall will be built. Typical equipment will be used during construction.
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?
❑X Yes ❑ No ❑ Unknown
Comments: pJD obtained for the Patriot Park site
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑x Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Environmental Services, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE PJD issued on December 21, 2016 (SAW -2016-01132); AJD issued August 4, 2017 for the isolated wetland (SAW -2016-01132)
DWR NRRB issued on June 23, 2016 (#16-187) for the abutting Patriot Park site
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑x Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
See attached page describing Phase I of Patriot Park. The need for this culvert extension was just identified and not originally known during Phase I.
S. Future Project Plans
6a. Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Future phases of Patriot Park will adhere to all required 404/401 permitting requirements should impacts warrant those permit applications.
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):
❑ Wetlands ❑X Streams — tributaries ❑X 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
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
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
VV4 -
Choose one
Choose one
Yes/No
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes/No
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.
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 P
Culvert
UT to Stirrup Iron Creek
PER
DWQ
15
6
S2
Choose one
S3 -
Choose one
S4 -
Choose one
S5 -
Choose one
-
S6 -
Choose one
3h. Total stream and tributary Impacts
6
3i. Comments:
The impact from the culvert extension is below the notification thresholds for USACE. This was confirmed with Samantha Dailey of USACE.
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 indiv dually 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.
Wetland Impacts (acres) 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 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?
❑X 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
131 P
culvert extension
No
989
969
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
989
969
6i. Comments: Note on the plan that a portion of the buffer was previously affected by an existing 30 -ft wide sewer easement and is not included in
this current disturbance calculation.
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.
The culvert extension has been designed to be the minimum length necessary to meet the needs of the request to widen the road. The existing
culverts have mitered end thus reducing the overall length of additional culvert placed in the stream bed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All required ESC measures will be implemented during the construction phase to prevent impacts from construction. A new head wall will be
constructed at the terminus of the culvert extension to stabilize the new culverts and the widened roadway.
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 ❑x 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
11 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:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
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 1.4 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 ❑X 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.
The storm water pond in Phase I of Patriot Park outflows to existing storm sewer structure and pipes.
❑ Yes ❑X No
The proposed culvert extension is for the existing road accessing Patriot Park and another adjacent office
park.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
60.1%
2b. Does this project require a Stormwater Management Plan?
❑x 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:
Storm water wet pond for Phase I of Patriot Park was reviewed and approved by City of Durham. Future phases will include wet ponds or other SCM
when developed.
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
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
USMP❑
❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑X Yes ❑ No
attached?
4. DWQ Stormwater Program Review
ElCoastal 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 1.4 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)?
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
El 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 ❑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.
This culvert extension is being required by the City of Durham to provide adequate access to the current and future phases of Patriot Park. All future
phases, when proposed, will be developed per all applicable environmental regulations and all necessary avoidance and minimization measures will
be used. Any unavoidable impacts will adhere to 404/401 permit requirements and the developer is aware that compensatory mitigation could be
required for future impacts.
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.
City of Durham sanitary sewer
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 ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Q 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?
NC Natural Herltage Program data
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 ❑X 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?
NCSHPO
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:
8c. What source(s) did you use to make the floodplain determination?
Applicant/Agent's Printed Name
Date
Applica Age 's Signature
(Agent's signal re Is val' only it an authorization
letter from the applicant isprovided.)
Page 10 of 10

Patriot Drive Culvert Extension, Durham, NC
Information to Support Current 401 WQC Request for Culvert Extension
Patriot Park is a proposed multi -phase commercial development located behind IBM off Miami
Blvd. and Patriot Drive in Durham, NC. Strategic Capital Partners initiated Phase I construction
this summer after consulting with the U.S. Army Corps of Engineers (ACOE) and the N.C.
Division of Water Resources (DWR) regarding the unavoidable impacts resulting from Phase I.
These included impacts to a 0.4 acre non -404 isolated wetland. This isolated (non -404) wetland
was confirmed by ACOE via an approved jurisdictional determination issued August 4, 2017 by
Samantha Dailey (SAW -2016-01132). The isolated wetland impact was below the reporting
threshold defined in the State of North Carolina General Permit for Impacts to Isolated and other
Non -404 Jurisdictional Wetlands and Surface Waters: IWGP 100000.
A temporary wetland impact of 250 square feet also resulted from a necessary connection to an
existing sewer line. The connection occurred inside of a wet, maintained sewer easement located
at the rear of the Patriot Park site. This temporary impact was below the notification threshold
for the ACOE under NWP 12 as confirmed in a June 30, 2017 email from ACOE. This
temporary impact was also below the reporting threshold for DWR permit requirements. This
was confirmed in an email from Ms. Jennifer Burdette of DWR on June 14, 2017 where she
stated that the connection to the existing sewer line did not trigger notification because the
temporary impact did not constitute a permanent wetland conversion.
After Phase I construction commenced it was discovered that the City of Durham is requiring
that the developer widen the existing Patriot Drive. This required widening will involve
extending an existing culverted crossing by approximately 6 feet and constructing a new
headwall. The PCN being submitted currently addresses this proposed impact, and, pursuant to
General Water Quality Certification 4088 requires notification and approval from DWR.

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CAPITAL CIVIL ENCIPJEERINE3 PATRIOT BUSINESS PARK
1011 PEMBERTON HILL RD, STE 203, APEX, NC 27502
PH 919 249-8587 FX 919 590-1687 DATE RLE ISSUED FOR
COPYRIGHT 2017 CAPITAL CIVIL ENGINEERING, PLLC P-0809 OCTOBER 19, 2017 57-2BFR.DWG REVIEW
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CAPITAL CIVIL ENCIPJEERINE3 PATRIOT BUSINESS PARK
1011 PEMBERTON HILL RD, STE 203, APEX, NC 27502
PH 919 249-8587 FX 919 590-1687 DATE RLE ISSUED FOR
COPYRIGHT 2017 CAPITAL CIVIL ENGINEERING, PLLC P-0809 OCTOBER 19, 2017 57-2BFR.DWG REVIEW

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ROAD CROSSING PROFILE
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4050 PATRIOT DRIVE, DURHAM, NC
- CAPITAL CIVIL ENGINEERING -
PATRIOT BUSINESS PARK
1011 PEMBERTON HILL RD, STE 203, APEX, NC 27502
PH 919 249-8587 FX 919 590-1687DATE
FlLE
JISSUED FOR
COPYRIGHT 2017 CAPITAL CIVIL ENGINEERING, PLLC P-0809
OCTOBER 19, 2017
57-2BFR.DWG
REVIEW

Patriot Drive Culvert Extension
Representative Photos

DURHAM
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.4326 1 F 919.560.4316
1 8 6 9
wvvw_ dur_hamnc,9ov
CITY OF NEDICINE
August 29, 2017
Michael J. Kane, PE
Capital Civil Engineering, PLLC
1011 Pemberton Hill Road, Suite 203
Apex, NC 27502
[e-mail]
RE: Patriot Business Park Phase 1— Construction Drawings Review #2
PIN: 0748-04-65-5754
Site Plan: D1600209
Dear Mr. Kane,
The Stormwater Services Division has reviewed the subject construction drawings (CDs) for the
referenced project and has no further comments.
1. Prior to issuance of water & sewer permits, Stormwater Services will need the following:
a. Permit fee for each SCM ($3,500),
b. Engineer's Cost Estimate for BMP construction —you should provide us this
estimate with your next CD submittal, see spreadsheet at
http://durhamnc.gov/DocumentCenter/View/3095,
c. Recorded agreement,
d. Attorney Certification (along with Opinion of Title), and
e. The stormwater facility replacement fund payment (25% of the Engineer's Cost
Estimate for BMP construction), or
L Surety in the amount of 20 X annual maintenance costs (not applicable
for residential development).
ii. For condos, need 125% security prior to CD approval.
2. Advisory Comment: Prior to beginning construction of the SCM(s), a preconstruction
meeting shall be scheduled with City Stormwater in accordance with the standard Public
Works' stormwater note on the plans. This meeting should be separate from the
Engineering Inspections' preconstruction meeting and scheduling it is the responsibility
of the owner/developer/engineer. The meeting must be attended by the project
contractor responsible for SCM construction, the BMP Certifying Engineer (BCE) who has
been secured to provide the as -built certification, and the geotechnical engineer
(required when earthen dams involved). Water/sewer permits will not be issued or
when such permits are not required, final construction drawing approval will not be
granted until this meeting has been scheduled.
I can be contacted at [phone], ext. 30243 or by e-mail at [e-mail].
Durham — Where Great Things Happen

Michael Kane
August 29, 2017
Patriot Business Park Phase 1 - Infrastructure CD Review #2
PIN: 0748-04-65-5754
Page 2 of 2
Sincerely,
Ian Peterson
Civil Engineer II
Durham — Where Great Things Happen

ENVIRONMENTAL SERVICES, INC
4901 TRADEMARK DRIVE
RALEIGH, NC 27610
[phone] - FAX [phone]
envi ronmentalservicesi nc.com
June 14, 2017
Ms. Samantha Dailey
USACE-Raleigh
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Patriot Park, Durham, NC (SAW -2016-01132)
Samantha,
t o-11 t -5,4md a k uSAer
On behalf of the applicant, Strategic Capital Partners, ESI is notifying the U.S. Army Corps of
Engineers (ACOE) by means of this letter, that the Patriot Park project plans to proceed and that
this initial phase does not currently trigger any Section 404 notification. The project will impact
a 0.4 -acre, non -404 wetland that is not subject to ACOE jurisdictional or permitting
requirements. Eric Alsmeyer confirmed the non -404 status of this wetland as part of the
Preliminary Jurisdictional Determination (PJD) process. Subsequently, I submitted additional
documentation to you on May 8, 2017 so that this non -404 area could be processed as an
Approved JD.
The State of North Carolina regulates isolated and non -404 wetlands under their isolated
wetlands permit (IWGP 100000). This non -404 wetland is also below the 0.5 -acre reporting
threshold (Piedmont region) for the State's isolated wetland permit. Therefore, no application is
necessary to disturb this non -404 wetland area.
The project also proposes a temporary Section 404 wetland impact of 250 square feet of
temporary impact from a connection to an existing sewer line. The connection will occur inside
of a maintained, jurisdictional sewer easement. This impact is below the notification threshold
for the ACOE under NWP 12. However, it does appear that the small impact may require
approval from the State via the 401 Water Quality Certification program. This will be confirmed
with the Division of Water Resources (DWR).
Please contact me if you have any questions or need additional information. Thank you for your
assistance.
Sincerely,
Environmental Services, Inc.
Jeff Harbour, PWS
Cc: David Parker; Michael Kane

Jeff Harbour
From: Burdette, Jennifer a <[e-mail]>
Sent: Wednesday, lune 14, 2017 3:47 PM
To: Jeff Harbour
Subject: RE: 401 WQC Question (NBRRO# 16-187), Patriot Park, Durham, NC
Hi Jeff,
I am well, and hope you are too. The intent of the GC is to require notification when a project involves a
permanent wetland modification such as placing riprap, draining, excavation without restoration of pre -
construction contours or removing wetland hydrology. The conversion of forested wetland to herbaceous
wetland is also not considered a permanent modification.
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
Jennifer. burdette(a.ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N Salisbury St, Raleigh, NC 27604 - 9'" FlrArchdale Bldg — Room 942F)
Emai! correspondence to and from this address is subject to tje
North Carolina Public Records Lave and may be disclosed to third r
From: Jeff Harbour [mailto:[e-mail]]
Sent: Wednesday, June 14, 2017 1:15 PM
To: Burdette, Jennifer a <[e-mail]>
Subject: 401 WQC Question (NBRRO# 16-187), Patriot Park, Durham, NC
Hi Jennifer.
I hope this finds you doing well. I have a project that entails a 250 square foot wetland disturbance for a sewer line
connection. The connection will occur inside of an existing maintained sewer easement that happens to be
jurisdictional. The disturbance is temporary and no wetland conversion will occur since the easement is already
maintained. There are no streams or buffers involved with this proposed connection. It appears that this activity may
fall below the notification thresholds (a — h) provided in GC4086. However, I have a question about item "b"(any
permanent fill into or modification of wetlands and/or waters) ........ does the temporary impact qualify as a
modification? I would assume a modification would be a conversion of wetland type, but I want to be sure before I
inform the client.
Any clarification you can provide would be appreciated. I have attached a plan sheet showing the proposed sewer
connection.
Thanks,