20030980 Ver 1_Complete File_20050915

'MAR 21 '05 09:44 FROM:KALED MGMT CORP.
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[phone] T-697 P.03 F-032
Michael F. Fasley, Governor
William Q. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. a. Director
DWlslon of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 15, 2004
a DWQ # 03.0980
(see also 98-1301)
u? Wake County
L 1 - Page 1 of 3
31
Mr. Edward Kalikow
KEP Morrisville Reality, LI-C
7001 Brush Hollow Road
Westbury, NY, 11590
Subject Property: Davis Commons, Davis Drive (SR 1613) & Morrisville-Carpenter Road (SR 3014),
Morrisville, NC
UT to Crabtree Creek (03-04-02, 27-33-(1), C NSW (Nutrient Sensitive))
Modified APPROVAL of 401 Water Quality Certification and Compliaocc with Jkl1 i;-r Vt 0ance per ilia PJc???? Ri.ror
Riparian duffer Protection Rules MINOR VARIANCE [16A NCAC 2B .02331 with Additional Conditions
Dear Mr. Kalikow:
You have our approval, in accordance with the conditions listed below, to place fill in 0.254 acre of wetlands ar.d 00 !ir--, r
feet of streams and to impact approximately 1,950 square feet (fe ) of protected buffers to construct a connnieruial
complex at the subject property as described within your 401 modification request dated November 17, 2003 and rec
by the Division of Water Quality (DWQ) on November 18, 2003. After roviovvin,; your npplication, we have
that this fill is covered by General Water Quality Certification Number 3102 (GC 3402) which can be viewed on our wo;
site at htto://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is
Issued by the U.S. Army Corps of Engineers. This letter shall also act as your Major Variance approval as described
within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply With any other
required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control regulations. This Certification and Approval replaces the one issued to you on September 29, 2003.
This approval Is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property Is sold, the new owner(s)
must be given a copy of this Certification and variance approval and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) axoood one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow any conditions listed
below.
Conditions:
1 t No Zone 1 Impacts
No impacts (except for those approved herein and "exempt" uses as identified within IGA NCAC 213 .0233)
shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone 1, unless otherwise approved by the DWQ;
North Carolina Divialon of Water Quality, 401 Wetlands Certification Unit,
1660 Mail Service Center, Raleigh, NO 27599.1850 (MaAing Address)
2321 Crabtree Blvd., Raleigh, NC 27804.2280 (Location)
919-733-1786 (phone), 919-733-8893 (fax), httpJ/h2o.onr.state.no.usArmtlands/
MAR 21 '05 09:44 FROM:KALED MGMT CORP. [phone] T-697 P.04 F-032
Mr. Edward Kalikow
January 15, 2004
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 28.0233(5);
3. Stormwater Management
The final, written stormwater management plans {including a signed and notarized operation and Maintenance
Agreement) dated August 23, 2001 and approved by the DWQ Wetlands/401 Unit on October 11, 2001 shall be
Implemented for the out-parcel described in your modification request, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at-the
subject site. The structural stormwater practices as approved by this Office as well as drainage patterns mu:t Ira
maintained in perpetuity. No changes to the structural stormwater practices shall b.-:, roadie without Wilton
authorization from the Division of Water Quality. This condition will also apply to the balance of the development
when that future development is begun.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5. Major Variance Approval
This project (formerly known as "Bayless/Onslow Guilford Development" (DWQ Project No. 98-1301) was gr_nntsd
a conditional variance approval from the Neuse Suffer Rule by the N.C. Environmental Management Col7r,;I,JIJn
(EMC) on September 10, 1998. This project must comply with the terms of this variance approval. Tne first
condition was that an acceptable Stormwater Management Plan be submitted to DWQ for approval. The second
condition was that no construction may begin on any portion of this project until the DWQ approves the
Stormwater Management Plan. This plan was submitted and approved as described in Condition No. 3 above.
6. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project. must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual
b. The design, Installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements spec'rfied in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
MAR 21 '05 09:44 FROMAALED MGMT CORP.
Mr. Edward Kalikow
January-15, 2004
[phone] T-697 P.05 F-032
No waste, spoil, solids, or fill of any kind shall occur In wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Pre-construction Notice Application. All construction activities, Including the design,
installatlon, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices In wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you .do not accept any of
the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150E of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NO 27699-6714. This
approval and its conditions are final and bincling unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Nause
River Riparian Buffer Protection Rules [15A NCAC 26.0233(9)(b)]. Please call Mr. Bob Zarzpckl at [phone] If you
have any questions or require copies of our rules or procedural materials. -
Sincerely,
AW Klcbk
cc: Harlan Britt, 3001 Weston Parkway, Cary, NO, 27513
Steve Mitchell, DWQ Raleigh Regional Office
USAGE Raleigh Regulatory Field Office
File copy
Central Files
I H
Alan W. Klimek, PE,
Director, DWQ
030980
SENDING CONFIRMATION
DATE DEC-16-2005 FRI 09:35
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 1/1
START TIME : DEC-16 09:34
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FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
Certification of Completion ?L [sil?`a
sF= 1 (h!"
DWQ Piolca No.: _03 091(0 C'nonty WaL
wEi1TNM.yh'J stoFMwercF'ltNK1
Applicvr.: _K LP.A?lgrricvilleRt'aitv.LLC __ _
project lvatne: Davis ('cinunons
Date ul' lssuan: c oS Isolated Wetlaad I'emul: ,Zatlpat y i ?. 1_II04
Certificate of Comotetion
!Ipon ,omnkt,t,•i :>!' all work approved cabin the 401 VvAl r Quality Crrtifiralinn and Buffer Rules, and :mr
s.. bsequcnt mcxtiF=cions, the applicant is req'wesl h, rcmrn rh's cc-tifieate to the 401AVetlands Lnit, N rh Cainlinc
Uivisien of Water Quality, 1650 Mail Servic:: -'7`-, R'76.1h. NC, %/699-10511 this form may be returned to UWQ by
the applicant, :hr applicants authorized agent, n; the proie.a englrn er. It is not ,c-sary to send remfirues 57cm all of
I-e.
Applicant's Certification
1. .. rdw a-d Kalik-, hrreby state that, to the -t of my abditi-, due care and dill-jewe. way uv:d in the: nbeenanna of
the cona:u-: nn cuch that Ihr constnmtion was nh,me, t.., he }wilt within wbstart al corr,.pliarec and latent of t;r 401
Water Quality Cr.rlif ration and Buffer"Rulee,. lac appn s d 1;,i- ar.l spore ieatiom, and other svrpocv:g mute-k.
Agent's Certification
I, _ het el?: state that, to t", 1; hest of In, abilities. due - and diligence wo:
sed i tho -V-o- of the construction such these ill,- conv-lion wus ebsm d to be built -thin suh tamest
Inplmer nnd intent of the 401 Water Qualitv Certification and Buffer Rules, the approved plan; and ::ptetliwtiuas.
and ahrr suppor.icg materials.
sir,,:aturc. Date
I/ this project war designed by a Certified Professional
f. ac a duly regstered frnfew.re l 11.c.. Egein en
J"ndsr.ape ArcLitect. Surveyor, cte.l in the State of North Camlina, having !w.. nuth-ttnd to oc,,, a (poriedxally.
weekly, full time) the rrewtnu'liou of the project. fnrtbe Pet?ttirtm herchy elate that, to the best nC urv abilities. due rme
and diligence was sod m the obsrn.ation or the cnnsunction cuch that rhr, eona!niu;on was observed to fle built within
substantial enmpli.wce and intent or the 401 N-ater Quality Certlfjcation and Buffer Ruk.? the appnved nlam .'A
spceifiea-nun. and other suppurang mrlena!s.
Sianatwn: _ R,i;.trodon No. :de
? b L 3 L ^r?
- -rl
I MAR 21 '05 09:45 FROMMLED MGMT CORP. [phone] T-697 P.06 F-032
WQC #3402
This General Certification is issued in conformity with the requirements of Section 401', Publlc Laws 92-500 and 95.217 of
the United-States and subjeof to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H,
Section .0500 and 15A NCAC 213 .0200 for the discharge of fill material to waters and gcgaoont wetland areas. or to
wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United
States (i.e., Isolated wetlands) as described In 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of
Engineers regulations. (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) In 15A
NCAC 213 .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11,
1997, and Water Duality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
Issued March 18, 2002. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 18, 39,.
41, 42, 43 or 44 or when' deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable portions Qf Sections
301, 302, 303, 306 and 307 of"the Public laws 92-500 and 95-217 If conducted in accordance with the conditions
herelriaRer set forth.
Conditions of Certification:
Enumerating and Reporting of Impacts:
• Streams - Impacts to streams as determined by the Divlslon'of Water Quality shall be measured as length of
the centerline of the normal flow channel. Permanent and/or temporary stream Impacts shall be enumerated
on the entire project for all Impacts regardless of which 404 Nationwide Permits are 'used. Stream relocations
and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that
results In a loss of use of stream functions including but not limited to filling, relocating, flooding, -excavation,
dredging and complete shading shall be considered stream Impacts. Enumeration of Impacts to streams shall
Include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including construction Impacts) spans the
entire bed and both banks of the stream, Is only used for a road, driveway or path crossing, and is not mitered
to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream Impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other
modification of the existing stream dimension, pattern or profile occurs) count towards mitigation
requirements. Any filling, excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a
stable reference reach ff the existing channel Is unstable) to the maximum extent practical.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area.
Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Any activity that results In a loss of use of wetland
functions Including but not limited to filling, excavating, draining, and flooding shall be considered wetland
impacts. Enumeration of Impacts to wetlands shall include activities that change the hydrology of a wetland
when a 404 Permit Is used anywhere in a project.
• Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of
Water Quality shall be measured as-area. Permanent and/or temporary water Impacts shall be enumerated
on the entire project for all Impacts proposed regardless of which 404 Nationwide Permits are used. Any
activity that results in a loss of use of aquatic functions Including but not limited to filling and dredging shall be
considered waters impacts.
Application Thresholds - Stream, wetland and water Impacts that exceed any of the thresholds below require a
complete application and written concurrence to use this Certification:
• Total etream Impaote of greater or equal to 150 cumulative feat of stream length for the entire project require
written notification to and approval by the Division of Water Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the
Division of Water Quality, and/or
• Watland impacts of greater or equal to 113 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require
written notification to and approval by the Division of Water Quality except as specif led below. Any impacts to
wetlands adjacent to waters designated as ORW, SA, WS-1, WS-II or Trout or are designated as a North
MAR 21 '05 09:45 FROM:KALED MGMT CORP. [phone] T-697 P.07/26 F-032
WQC #3402
Carolina or National Wild and Scenic River and wetlands classified as SWL and/or'UWL as well as, wetlands
dea,cribed in 16A NCAC 2H .0506 (e). require a complete application and written concurrence from the
Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of
the number of Nationwide Permits applicable to the- Certification that are issued by the USACE for the project;
Written notification to DWQ.is required for al,l application's that-propose to use Nationwide Permit 18. This
notification requirement will be satisfied by-providing,two (2) coples of the PCN form to DWQ at the same time
that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required
unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant
will be notified in writing from DWQ within 30 days of-the receipt of the written notification.
Proposed fill or substantial modification of any amount of Wetlande classified in accordance with 15A NCAC
2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the. Dlvlsidn.of Water
Quality;
2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins '(or any other major river
basin§, with Riparian Area Protection Rules [Buffer Rules] In effect at the time of application).requires written
concurrence for this Certification from DWQ in accordance with I6A•NCAC 28.0200. Aotivltiea listed as °exampr
from these rules do not need to apply for written concurrence under this Certification. New development activities
located in the protected 30-foot wide riparian areas (whether jurisdictional wetlands or. not) within the Nouso and
Tar-Pamlico River Basins shall be limited to "uses" Identified within and constructed in accordance with 15A NCAC
25.020 0. All new development shall be located, designed, constructed, and malntWned to have minimal
disturbance to protect water quality to the maximum - extent practicable through the use of best management
practices;
3. Irrespective of other application thresholds in this General Certification, all impacts to perennial watera,and their
associated buffers require written approval from DWQ since such_Impacts are allowable as provided in 15A NCAC
25, (WS-I), 213.0213 (WS-11); 2B .0214 (WS-III) and 213.0215 (WS-IV). Only water dependent activities,
public projects and structures with diminimus increases in Impervious surfaces will be allowed as outlined In those.
rules. All other activates require a variance from the delegated local government and/or the NC Environmental
Management Commission before the 401 Water Quality Certification can be processed. In addition, A 30 foot wide
vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply
Watershed Protection Rules. For the purposes of'thle condition, perennial waters are defined as those shown as
perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
4. Additional site=specific stormwater management requirements may be added to thin Certification at DWO's
discretion on a case by case basis for projects that have or are anticipated to have Impervious cover of greater
than 30 percent. Site•6pecific stormwater management shall be designed to remove 85% TSS according to the
latest version of DWG's Stormwater Best Management Practices manual at a minimum.
Additionally, In watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are
classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters
(HOW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, blo-
retention areas, and ponds followed by forested filter etripe (designed according to latest version of the NC DENR
Stormwater Best Management Practices ManuaD be constructed as part of the stormwater management plan
when a site-speolflc stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-
construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B
.0104(m) and 2H .1000 to .100'7, respectively, In addition to that required In this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case•by-case basis by the
Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater
programs including appropriate local programs and sufficient to eatlefy.this Condition ae long as the.stormwater
management plans meet or exceed the design requirements specified In this condition. This condition applies
unless more stringent requirements are in effect from other state water quality programs.
MAR 21 '05 09:45 FROMALED MGWT CORP. [phone] T-697 P.08/26 F-032
WQC #3402
Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be
approved in writing by the Division of Water Quality's Wetlands Unit before the Impacts specified In this
Certification occur.'
• The facilities must be designed-to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site, the facilities (as
approved by the Wetlands. 'Unit) shall be constructed and operational, and the stormwater management plan
(as approved by the Wetlands Unit) shall be implemented.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage pattems must be
maintained in perpetuity.
No changes to the structural stormwater practices shall be* made without written. authorization from the
Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also Intermittent stream
impacts that require appllcation to DWO In watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the
project Is a linear, publicly-funded transportation project, which has a 1504oot per-stream impact allowance;
6. In accordance with North Carolina General Statute 3ectlon.143-215.313(e), any application for a 401 Water Quality
Certification must Include the appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees;
7. In-accordahce with 15A NCAC 2H.0506 (h) compensatory.mitigation may be
required for Impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire
project. For linear public transportation projects, impacts equal. to or exceeding 150 feet per stream may require
mitigation: In addition, buffer mitigation may be required for any.project with Riparian Area Protection Rules
(Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as 'allowable
with mitigation" within the 'Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any Cerdfkatlon for this
Nationwide Permit. The, most current design and monitoring protocols from DWQ shall be followed-and written
plans submitted for DWQ approval as required In those protocols. When compensatory mitigation Is required for a
project, the mitigation plans must be approved by DWO In writing before the Impacts approved by the Certification
occur, unless otherwise specified. in the approval letter. The mitigation plan must be Implemented and/or
constructed before any permanent building or structure on site Is occupied. In the case of public road projects, the
mitigation plan must be implemented before the road is opened to the travelling public. Please note that tf a
stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work
In North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
IL For any project involving re-allonment of streams, a stream relocation plan must be Included with the 401
application for written DWQ approval.'Relocated stream designs should Include the same dimensions, patterns
and profiles as the existing channel (or a stable reference readh If the existing channel Is unstable), to the
maximum extent practical. The new channel should be constructed In the dry and water shall not be turned Into
the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native
woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, AJacks, concrete, gablons or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-rap coverage requested.
If suitable stream mitigation Is not practical on-site, then stream impact will need to be mitigated elsewhere.
Please note that if a stream relocation is conducted as a stream restoration as defined In The Internal Technical
Guide for Stream Work In'North Carolina. April 2001; the restored length can be used as compensatory mitigation
for the. Impacts resulting from the relocation;
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing
passage would be impractical. Design and placement of culverts including open bottom or bottomless arch
culverts and-other structures including temporgry erosion control measures shall not be conducted in a manner
that may result in aggradation, degradation or significant changes In hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands,
MAR 21 '05 09:46 FROM:KALED MGMT CORP. [phone] T-697 P.09/26 F-032
WQG #3402
openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well, as
prevent constriction of the floodway that may result In aggradation, degradation or significant changes in-hydrology
of streams or wetlands;
10. That appropriate sediment and ero§lon-control practices which equal or exceed those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual' or the "North Carolina
Surface Mining Manual' whichever is more -appropriate .(available from the Division of Land Resources (DLR) in
the DENR Regional or Central Offices) shall be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to'assure
compliance 'with the appropriate turbidity water quality standard;
11. AII's6diment and erosion control measures-placed in wetlands and waters shall be removed and the original grade
restored within two months after the Division of Land Resources has released the project;
12. That additional site-specific. conditions may be added to projects proposed under this Certification in order to
ensure compliance with all applicable water quality and effluent standards;
13. Measures shall be taken-to prevent live or fresh concrete from coming into contact with waters of the state until the
concrete has hardened; _
14. If an. environmental document Is required, this Certification is not valid until a Finding of No Significant Impact
(FONSI) or Record of Decision (ROD) Is issued by the State Clearinghouse;
15. If this Certification Is used to access bullding altos, all lots owned bythe applicant must be buildable without
additional fill beyond that explicitly allowed under other General Certificaflons. The applicant is. required to provide
evidence that the lots are buildable without requiring additional Impacts to wetlands, waters or buffers if required to
do so In writing by DWQ. For road construction purposes, this Certification shall only be utlllzed from natural high
around to natural high ground:
16. Deed notifications. or similar mechanisms shall be placed on all lots with remaining Jurlsdlctlonal wetlands and
waters or areas within 5o feet of all streams and ponds. These mechanisms shall be put In place within 30 days of
the data of issuance of the 401 Certification letter or the Issuance of the 404 Permit (whichever Is-later). A sample
deed notification. format can. be downloaded.from the 401/Wetlands Unit web site at
htto:/m e_enr.state.n .. us/ncwetlands. DWQ shall be sent copios'of all dead restrictions applied to these lots;
17. When written concurrence is required, the applicant Is required to use the most recent version of the Certification
of Completion form to notify DWQ when all work Included in the 401 Certification has been completed;
18. Concurrence from. DWQ that this Certification applies to an Individual project shall expire three years from the
date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide
Permit 18, 38, 41, 42, 43 or 44,
whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may result In revocation of this
Certification for the project and may also result In criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual
Certification for any project In this category of activity that requires written'concurrence under this certification, if it Is
deterbined that the project Is likely to have a significant adverse effect upon water quality or degrade the waters so that
existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in
the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Kllmek, P.E.
Director
Certification of Completion o 2 @ Ow U9-3
SEP VJ 200
DWQ Project No.: 03-0980 County: Wake
WETLANDS AND STORMWATER BRANCH
Applicant: KEP Morrisville Realty LLC
Project Name: Davis Commons
Date of Issuance of Isolated Wetland Permit: January 15, 2004`
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, Edward Kalikow , hereby state that, to the best of my abilities, due care and diligence was used in the observation of
the construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date: 7/ Z 7 0 se-
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Michael F. Easley, Governor
Q? I NA T?9

? PG William G. Ross Jr., Secretary
f Environment and Natural Resources
t
t
D
li
Q men
o
epar
na
North Caro
\
t?^ Alan W. Klimek, P. E. Director
> -{ Division of Water Quality
o ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 15, 2004
DWQ # 03-0980
(see also 98-1301)
Wake County
Page 1 of 3
Mr. Edward Kalikow
KEP Morrisville Reality, LLC
7001 Brush Hollow Road
Westbury, NY, 11590
Subject Property: Davis Commons, Davis Drive (SR 1613) & Morrisville-Carpenter Road (SR 3014),
Morrisville, NC
UT to Crabtree Creek {03-04-02, 27-33-(1), C NSW (Nutrient Sensitive))
Modified APPROVAL of 401 Water Quality Certification and Compliance with nInl*-r V-*-nce per the h1 ?n Ri ?r
Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 26 .0233] with Additional Conditiun i
Dear Mr. Kalikow:
You have our approval, in accordance with the conditions listed below, to place fill in 0.254 acre of wetlands nr,r! I.? !incar
feet of streams and to impact approximately 1,950 square feet (ft2 ) of protected buffers to construct a cur. rnercial
complex at the subject property as described within your 401 modification request dated November 17, 2003 and rec -Di,.,e-!
by the Division of Water Quality (DWQ) on November 18, 2003. After reviewing your application, we have dst?rrincd
that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) which can be viewed on our web
site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is
issued by the U.S. Army Corps of Engineers. This letter shall also act as your Major Variance approval as described
within 15A NCAC 26 .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control regulations. This Certification and Approval replaces the one issued to you on September 29, 2003.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property Is sold, the new owner(s)
must be given a copy of this Certification and variance approval and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow any conditions listed
below.
Conditions:
1. No Zone 1 Impacts
No impacts (except for those approved herein and "exempt" uses as identified within 15A NCAC 2B .0233)
shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone 1, unless otherwise approved by the DWQ;
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Mr. Edward Kalikow
January 15, 2004
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0233(5);
3. Stormwater Management
The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) dated August 23, 2001 and approved by the DWQ Wetlands/401 Unit on October 11, 2001 shall be
implemented for the out-parcel described in your modification request, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site. The structural stormwater practices as approved by this Office as vJ ell as drainage patterns must L)a
maintained in perpetuity. No changes to the sirUCtU;di storrwater pl?tcilC@ ,;Ji tli L_; f11?,? v,ith??lli'?`,'IlttFtn
authorization from the Division of Water Quality. This condition will also apply to the balance of the development
when that future development is begun.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5. Major Variance Approval
This project (formerly known as "Bayless/Onslow Guilford Development" (DWO Project No. 98-1301) was granted
a conditional variance approval from the Neuse Buffer Rule by the N.C. Envir onimental Management Cornrili3si3n
(EMC) on September 10, 1998. This project must comply with the terms of this variance approval. The first
condition was that an acceptable Stormwater Management Plan be submitted to DWQ for approval. The second
condition was that no construction may begin on any portion of this project until the DWQ approves the
Stormwater Management Plan. This plan was submitted and approved as described in Condition No. 3 above.
6. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
I
Mr. Edward Kalikow
January 15, 2004
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Pre-construction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of
the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This
approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 101 of the Clean Water Act and the Neuse
River Riparian Buffer Protection Rules (15A NCAC 2B .0233(9)(b)]. Please call Mr. Bob Zarzecki at [phone] if yo.]
have any questions or require copies of our rules or procedural materials.
Sincerely,
Alan W. Klimek, PE,
1?r Director, DWQ
AW K/cbk
cc: Harlan Britt, 3001 Weston Parkway, Cary, NC, 27513
Steve Mitchell, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File copy
Central Files
030980
O? WAT?9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
\0 pG North Carolina Department of Environment and Natural Resources
f - Alan W. Klimek, P. E. Director
> - Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 29, 2003
KEP Morrisville Realty, LLC
7001 Brush Hollow Road
Westbury, NY 11590
DWQ Project No. 03-0980
(see also 98-1301)
Wake County
Page 1 of 2
Subject Property: Davis Commons, Davis Dr (SR1613) & Morrisville-Carpenter Rd (SR3014), Morrisville, NC
UT to Crabtree Creek (03-04-02, 27-33-(1), C NSW (Nutrient Sensitive)]
APPROVAL of 401 Water Quality Certification and Compliance with Major Variance per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.254 acres of wetlands for the purpose of constructing a commercial complex at the subject property,
as described within your application dated July 29, 2003 and received by the N.C. Division of Water Quality (DWQ) on
August 6, 2003. After reviewing your application, we have decided that the impacts are covered by the DWQ General
Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39
when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control and Non-discharge regulations. Also, this approval will expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Stormwater Management
The final, written stormwater management plans dated August 23, 2001, submitted to the DWQ on August 24,
2001 and approved by the DWQ Wetlands / 401 Unit on October 11, 2001 shall be implemented and the
stormwater management facilities (including the stormwater management wetlands) shall be constructed and
operational before any permanent building is occupied at the subject site. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No charges to the
structural stormwater practices shall be made without written authorization from the Division of Water Quality.
2. Major Variance Approval
This project (formerly known as "Bayless/Onslow Guilford Development" (DWQ Project No. 98-1301) was granted
a conditional variance approval from the Neuse Buffer Rule by the N.C. Environmental Management Commission
(EMC) on September 10, 1998. This project must comply with the terms of this variance approval. The first
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands
Davis Commons
Page 2 of 2
September 29, 2003
condition was that an acceptable Stormwater Management Plan be submitted to the DWQ for approval. The
second condition was that no construction may begin on any portion of this project until the DWQ approves the
Stormwater Management Plan. This plan was submitted and approved as described in Condition No. 1 above.
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
C;?
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3402
Cc: Harlan Britt, Kimley-Horn & Associates, 3001 Weston Parkway, Cary, NC 27513
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ # 030980
Date: September 29, 2003
bz
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Date:
Facility Name Davis Commons
County Ware '-
Project Number 03 0980
County2
Recvd From APP
Region Raleigh
Received Date 10/17!03 Recvd By Region
Project Type stormwater wetland
Certificates
Permit Wetland Wetland
Type Type Impact
Stream
Wetland Stream Class
Score Index' Prim. Supp.
27-33-(1) r C NSW
Acres Feet
Basin Req. Req.
30,402. F- r--
30,402. F--
Stream Impacts (ft.)
an -
MOD O _Y@) N
NBR FF__ 0Y pN
(--OY ON
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? 0 y 0 N
Recommendation: Q Issue Q Issue/Cond Q Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
WHY-is this hack, We iaau - a oenc ml in ainq
cc: Regional Office
Central Office
Page Number 1
Mitigation Wetland
MitigationType Type Acres Pont

C] = Kimley-Horn
M ? and Associates, Inc.
WETLANDS 1,401 GROUP
NOV 1 8 2003
November 17, 2003
Mr. John R. Domey
Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
4ATER QUALI fy SECT10rv
Subject: Davis Commons - Roadway Improvements
Construction Drawing Review
Our Ref: 011886001
DWQ Ref: 03-0980
Dear Mr. R. Dorney:
We are writing in response to your comments we received on October 31, 2003
for the Construction Plans of the subject project. A list of your comments and
our responses follows:
1. Please indicate all buffer impacts on the site plan.
Buffer impacts have been added to the roadway plans. Please refer to the
shaded area on sheet EC04.
2. Please provide the location of any proposed stormwater management
practices as required by GC 3402 for the road.
Please refer to sheets ECO1-EC04 for all proposed stormwater management
practices.
3. Please provide details for the stormwater management practices as
required by GC 3402 for the road.
Refer to detail sheet 4 for Preformed Scour Hole detail and on plan sheets
and erosion control sheets for references to NCDOT standards for
stormwater management practices are included in the roadway plans.
4. Please indicate all stormwater outfalls on the site plan for the road.
Refer to plan sheets CO I - C04 for information on all stormwater outfalls for
the road.
5. Please indicate the diffuse flow provision measures on the site plan for
the road runoff.
P.O. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]
FAX [phone]
_ Kimley-Horn Mr. John Dorney, November 17, 2003, Page 2
and Associates, Inc.
A Preformed Scour Hole (see sheets C04 and EC04) is proposed for
providing diffuse flow of road runoff through the buffer.
6. The stormwater discharges at the location on the plans labeled proposed
culvert extension will not provide diffuse flow through the buffer. Please
revise the plans and provide calculations to show that diffuse flow will be
achieved through the entire buffer. If it is to possible to achieve diffuse
flow through the entire buffer, then it may be necessary to provide
stormwater management practices that remove nutrients before the
stormwater can be discharged through the buffer.
The plans have been revised to show a Preformed Scour Hole which will
provide diffuse flow through the buffer, as noted in item number 5. The
enclosed calculations show that diffuse flow will be achieved through the
entire buffer.
Enclosed are seven sets of revised roadway sheets and two copies of the
Preformed Scour Hole calculations. We trust this meets your needs at this time,
but please feel free to contact me at 678-4089 with any questions or concerns.
Sincerely yours,
KIMLEY-HORNUAN?D ASSOCIATES, INC.
C--A? N\•
Angela M. Keller, E.I.
amk (HAPN\011886001\documents-todd\Ll 1-14-03DWQ.AMK.doc)
Enclosures
cc: Mr. Edward Kalikow (KEP Morrisville Realty)
Mr. Ellis Coleman (EVC Companies)
Mr. Peter Bishop (Kimley-Horn and Assoc.)
Mr. Byron Brady (Wake Co. Envir. Services)
Mr. Blake Mills (Town of Morrisville)
Mr. Scott Wheeler (NCDOT)
Davis Commons - Roadway Improvements
Morrisville, North Carolina
Preformed Scour Hole Summary
Kimley-Horn and Associates, Inc.
Date: 11/17/2003
Prepared by: AMK
Checked by: JNG
The NCDENR Division of Water Quality guidelines "Draft Level Spreader Design Options" dated October 10, 2001 were
used in the following "Preformed Scour Hole with a Level Spreader Apron" calculation. The guidelines state that the
base width, B = 3 x discharge pipe size for 15" and 18" pipes and the maximum allowable discharge (Q10) is 6 cfs and
10 cfs, respectively. The subject discharge pipe is sized to be 18 inches in diameter with a discharge of 5.70 cfs.
Therefore, the preformed scour hole was designed with a width of 6=45 and meets the criteria for maximum allowable
discharge.
The Preformed Scour Hole reduces the discharge velocity by 79%, providing diffuse flow through the buffer.
Velocity (ft/s)
Free Outfall
(Concentrated Flow) 4.63
Preformed Scour Hole
(Diffuse Flow) 0.95
% Decrease: 79%
(see attached Circular Channel calculation)
(see attached Weir calculation)
I'marw4
&oQr
tfi IU

Concentrated Flow
Worksheet for Circular Channel
Project Description
Worksheet Concentrated f
Flow Element Circular Chann
Method Manning's Forr
Solve For Channel Deptf
Input Data
Mannings Coeffic 0.013
Slope 005000 ft/ft
Diameter 18 in
Discharge 5.70 cfs
Results
Depth 0.98 ft
Flow Area 1.2 ft2
Wetted Perime 2.83 ft
Top Width 1.42 ft
Critical Depth 0.92 ft
Percent Full 65.7 %
Critical Slope 0.006079 ft/ft
Velocity 4.63 ft/s
Velocity Head 0.33 ft
Specific Energ, 1.32 ft
Froude Numbe 0.88
Maximum Disc 7.99 cfs
Discharge Full 7.43 cfs
Slope Full 0.002945 ft/ft
Flow Type Subcritical
Title: Davis Commons Roadway Improvements Project Engineer: Angela Keller, E.I.
h:\pn\011886001\drainage\concentratedflow.fm2 Kimley Horn & Associates Inc FlowMaster v6.1 [614n]
11/17/03 05:17:25 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA [phone] Page 1 of 1
Project Description
Worksheet Weir - 2
Type Broad Crested V
Solve For Headwater Elev;
Input Data
Discharge 5.70 cfs
Crest Elevation 309.34 ft
Tailwater Elevati29.34 ft
Crest Surface T? 3ravel
Crest Breadth 4.00 ft
Crest Length 44.00 ft
Results
Headwater Elevation 309.48 ft
se+
Headwater Height Abov 0.14 ft
r
Tailwater Height Above Gaj0.00 ft
Discharge Coefficient 2.56 US
Submergence Factor 1.00
Adjusted Discharge Coef 2.56 US
Flow Area 6.0 ft2
Velocity 0.95 ft/s
Wetted Perimeter 44.27 ft
Top Width 44.00 ft
Diffuse Flow
Worksheet for Broad Crested Weir
Title: Davis Commons Roadway Improvements Project Engineer: Angela Keller, E.I.
h:\pn\011886001\drainage\concentratedflow.fm2 Kimley Horn & Associates Inc FlowMaster v6.1 [614n]
11/17/03 05:17:13 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA [phone] Page 1 of 1
)F ,,l Ar??QG

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 24, 2003
DWQ # 03-0980
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
KEP Morrisville Realty, LLC
7001 Brush Hollow Road
Westbury, NY 11590
Subject Property: Davis Commons (Commercial Complex) at the intersection of Davis
(SR 1613) and Morrisville-Carpenter Road (SR 3014), Mooresville, NC
To Whom It May Concern:
On August 6, 2003 the Division of Water Quality (DWQ) was notified by receipt of your request for approval and
with receipt of additional information on October 17, 2003 regarding your plans to construct a stormwater wetland in Wake
County. Approval from DWQ is required to disturb these areas.
1. Please indicate all buffer impacts on the site plan.
2. Please provide the location of any proposed stormwater management practices as require by GC 3402 for the
road.
3. Please provide details for the stormwater management practices as required by GC 3402 for the road.
4. Please indicate all stormwater outfalls on the site plan for the road.
5. Please indicate the diffuse flow provision measures on the site plan for the road runoff.
6. The stormwater discharges at the location on the plans labeled proposed culvert extension will not provide
diffuse flow through the buffer. Please revise the plans and provide calculations to show that diffuse flow will be
achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it
may be necessary to provide stormwater management practices that remove nutrients before the stormwater can
be discharged through the buffer.
Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The
processing time for this application will begin when this information is received. If we do not hear from you by writing or
by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the project and will consider
it withdrawn.
Sincerely,
JRD/bs
i R. Dorney
Water Quality 7Certiation Program
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Harlan Britt, Kimley-Horn & Associates, 3001 Weston Parkway, Cary, NC 27513
Wbfl;;N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (h=://h2o.enr.state.nc.us/newetlands)
r.....,....-.. 0 - u• 1 _a77_a79_a7n O
Kimley-Horn
and Associates, Inc.
October 16, 2003
Mr. John Dorney
NC Wetlands / 401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Davis Dr. & Morrisville-Carpenter Rd Project
NCDWQ Project No. 03-0980
Wake County
Dear Mr. Dorney:
¦
P.O. Box 33068
Raleigh, North Carolina
27636.3068
WETLANDS / 401 GROUP
OCT 1 7 2003
WATER QUALITY SECTION
The subject project was issued a 401 Certification to impact 0.254 acres of
wetlands on September 29, 2003. The original development plans for the site
proposed to construct a shopping center. However, given the present economic
conditions the owners are proposing to construct only one out parcel, a small
convenience store located in the north west corner of the property as indicated on
the attached Figure 1-A. The balance of the development is being postponed
until a later date.
One of the conditions of the issued 401 Certification was that proposed and
approved storm water management facilities must be constructed and operational
before any permanent building is occupied at the subject site. Given that only one
out parcel adjacent to Davis Drive is to be constructed at this time. We are
requesting, on behalf of our client, a revision to the 401 Certification to allow the
proposed out parcel to be constructed with the condition that a storm water
management facility will be constructed and operated according to DWQ criteria
to serve the proposed limited out parcel construction. This storm water facility
will be operated as a temporary facility until such time as future development is
begun. At the time any further future development is accomplished, the storm
water management planned as previously approved will be constructed and be
operational prior to occupancy of additional buildings.
A second issue has arisen that requires revision to the issued 401 Certification. A
condition of the project site plan approval issued by the Town of Morrisville is
that Morrisville-Carpenter Road (SR-3014) be widened to accommodate the
ultimate 65 foot wide roadway section. As a result of the requirement to widen
the road, it will be necessary impact the stream for culvert construction. This
widening will require an additional 30 feet of culvert resulting in 39 feet of
stream and buffer impacts. We will limit the disturbance to 39 feet therefore
meeting the exemption criteria of the Neuse River buffer regulations.
¦
TEL [phone]
FAX [phone]
CI ? ? Kimley-Horn
and Associates, Inc.
We therefore are requesting modification of the 401 certification to allow the 39
feet of stream impacts and a revision of the stormwater management conditions
as discussed above.
Attached are copies of appropriate figures and a letter to the Corps of Engineers
requesting an amendment to the issued Nationwide 39 permit. Discussions with
Corps representatives indicate they have no apparent objections to the requested
amendment and we anticipate a quick turn around on the permit amendment.
Your earliest attention to this request is greatly appreciated.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Harlan K.Britt., P.E.
Associate
Attachments: Figures
Corps Letter
Cc: Mike Horn
Matt Lowder
H:APN\011886001\401 Certification Modification DWQ 101603.doc
1

GRAPHIC SCALE
200 0 100 100 NOD
ca?>
1 Inch = 400
i\ 14

w MORRISVILL-E-CARPENTER RD
PROPOSED
CULVERT
EXTENSION
7
00
b
7
7

DAVIS COMMONS FIGURE
KEP MORRISVILLE REALTY, LLC
Kimley-Horn and Associates, Inc. OVERALL SITE PLAN 1
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERNCE, IS INTENDED ONLY FOR THE SPEORC PURPOSE AND CLIENT FOR NHICH IT WAS PREPARED. REUSE OF AND IMPROPER
RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.

PROPOSED
DEVELOPMENT

-L1-
"L
10
CI
p
7
7
PROPOSED
CULVERT
EXTENSION
=? FIGURE
KEP MORRISVILLE REALTY, LLC DAVIS COMMONS
Kimsey-Horn and Associates, Inc. OVERALL SITE PLAN 1A
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SER/ACE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER
RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION SY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.
I
GRAPHIC SCALE
200 0 100 700 .00
IN >u>
1 Inch = 400

I ?` MORRISVILLT-CARPENTER RD
I I I
I 'I?I
? I I
SANITARY
SE LIVER EASEMENT
I
I
I?
I I
R ?o'o'
1
NfU
i I II'R BUFFER
I I
I
I I
26.0' I i
EXIST. MH
RIM: 310.32
}}U,,,V,. IN=303. 7
- - CB-17
CB-18
AIL
-19 22 LF
24" RCP
Soo,
?
AICUSE
l? R?fR
EXISTING STREAM
CENTER? NE, TYP.
347.0' ROAD ?
INV IN=304.20
INV I1\1=304.0({
/i
27+00
ADDITIONAL ROW
DEDICATION FOR
PROPOSED DRAINAGE
-? i

_
GHPHL. CB-16_ 3 71 CB- -ENO
m O
N „ p N
I N "'
-i
MORRISVILLE_ CARPENTER RD_ (SR 301)
- - - - EXIST INV=303_55'
114 54" RCP
EXIS® INV=303.74'
- f - 40 LF 24' RCP 54" RCP
it E I S T. M i l v?Nl??? JJ ??n
M: 310.42
Ml?p V. IN 5 ()1.5
INV. 0(111--301-2
EXTEND EXISTING TWIN 54" RCP EXIST INV=303.15'
CULVERTS 30 LF WITH PIPE 54" RCP
COLLARS AND CONSTRUCT EXIST INV=303.09'
NCDOT STD. 838.01 CONCRETE
w ENDWALL 54" RCP
n
i GRAPHIC SCALE
0 0 0 p b p
.7.
D
A
A
( DT FEET )
j 1 inch - 40 }t
11 AX
D
DAVIS COMMONS FIGURE
Kimley-Homandksociates,inc. KEP MORRISVILLE REALTY, LLC DUAL CULVERT EXTENSION 2
THIS DOCUMENT, TOGETHER NTTH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERACE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR NHICH IT WAS PREPARED. REUSE OF AND IMPROPER
RELIANCE ON THIS DOCUMENT 1MTHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE VATHCUT UABIUTY TO KIMIEY-HORN AND ASSOCIATES, INC.
Kimley-Horn
and Associates, Inc.
October 16, 2003
Mr. Todd Tugwell
U.S. Army Corps of Engineers
Raleigh Field Office
6508 Falls of the Neuse Road
Raleigh, NC 27615
Re: KEP Morrisville Realty, LLC
Davis Commons
Morrisville, Wake County, North Carolina
Action ID#: 200321229
Dear Mr. Tugwell:
Per our telephone conversation, on behalf of our client, KEP Morrisville Realty,
LLC, Kimley-Horn & Associates, Inc. is requesting a modification to the existing
Nationwide 39 issued for the above referenced project (Figure 1). A turn lane on
the Morrisville-Carpenter Road (SR3014) is proposed for the project entrance
(Figure 2). The turn lane will require extending the existing culvert for an
unnamed tributary of Crabtree Creek by 30 feet. The proposed impact is 39
linear feet of stream channel. Attached is the General Permit (Nationwide 39)
Verification along with the Notification of Jurisdictional Determination and the
original Nationwide 39 issued in August 13, 2001.
If you have any questions, please call me at [phone]. Thank you for your
attention to this matter.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Norton Webster
Environmental Scientist
¦
TEL [phone]
FAX [phone]
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
k"Pakopy
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200321229 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner KEP Morrisville Realty, LLC Agent Kimley-Horn & Associates
Attn: Harlan Britt
Address 7001 Brush Hollow Road Address 3001 Weston Parkway
Westbury, NY 11590 Cary NC 27513
Telephone Number 515-876-4800 Telephone Number 919-677-2209
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northeastern quadrant of the intersection of Davis Drive (SR 1613) and Morrisville-
Carpenter Road (SR 3014), in Morrisville, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of
commercial development known as Davis Commons. Impacts to wetlands authorized by this permit are
0.25 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization:
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Andrea Wade at telephone number (919) 876 - 8441 extension 31.
Regulatory Project Manager Signature_
Date_ September 19, 2003 Expiration Date September 19, 2005
Regional General Permit Number
Nationwide Permit Number
39
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
G IZ:18 FROM,KALEO MGMT CORP.
U7: lb MIM04OS401

[phone]
U.S. ARMY CORPS OF ENGI M9M
Wilraington District
Action M 1 County:
GYNERAL, PERMT MZGIONAL AND NATIONWIDN)
Property Authorized
Owner KE Morrisviua RwIty. LC A$eat Soil & Et
T-OTT P.02/02 F-287
Aao3
CA ON ? '???(
5 ?I
Address ??? - - Hollow ?Q • rwa. araFl+H oU64AMl Brugh Address 110 RI a ,acd
we:rbuty?, NY 1590 Ralci NC 27614
Telephond Number 315.67&4800 Telephone Number 919-8 5900
Size and Location of Prot wattrbody, FIl?thw?ay aame/naanaber to :
locaud in the wrtheai'tezn r
quAdrat?t of the ua?ion of Dsr?ia Drive (SR 16 13) and Morrf ?pe-is
ille-
CUpenter Road (SR 3010, in Marrjsville, Wake Cour:ty, North Carolina.
J 15tion of Acth?ity: This permit authorizes tba placement of MI assadateed with the coon of
Comm mciul d6vel nt kwwn m Mvis Cammoras. T.mpacte to wetlands anthozizcd by this permit are
4.25 acm
Apptieeble Lw?r: --,X_aeetlan+404 (Clean W4(*r Ar-4 33 USC 1341) only.
?Uetiaa It Over and $arbar Act of 1899) only.
A,atthotisation: Iiagio44 Caporal Parmit Number
39 Natiaaaide Permit Number
Any vfiolratlon of the conditiems of the Raeonal Gcaeral or Nationwide Permit refertneed above may
sobject tht permitt" to a stop work arodo r, * restoration order' and/or appropriate leggi action.
rhb '*Part ant of the Aswy Rc&nxl General Permit or Nationwide Permit verification does not
relieve the p?erraittee of the responsibiUty to obtain any other required FedersL State, or l not
be&nials r . The permittee may need tO contact apprapA84 SW& and local agendes before
begfuanng work. If you have any Quo$tious regardlag the Corps of Engineers regulatory ro
please contract D, -TA"*s at telepboue number 9 9 R76 - 9441 e4emion 3P ?m•
RelMlatory I'roleet Mao:ager Sigtasture s.n/,..??-•l to _
Data ----AUZ!g 1382001 Expiration Date Ate 3 2003
SURVEY PLATS, FMLD !SKETCH, WETLAND DELWUTION FU
TO TAF xmLLOW (FUZ) COPY OF THIS FORK II+ REQ-v7R,TD OR OR AvAIIA9Lg.
j1L/LJJJ 11. JJ JL JV`?O JYUf J u i_.., tJi-ll]t GL
RALEIGH REGULATORY 81.12.1999 M33
P . 8 2
U.S. ARMY CORPS OF ENGINEERS
' Wilmington District
Action ID:_ 199920305 County: wake
NOTIFICATION OF SURISDICT(ONAL DETERMINATION
Property Authorized
Owner Willis Agent oil & E Consultants Inc.
804 Oak Attn: Mi osk
Address 3
cad Address 244 W st ok cad
Ralel >a NC 2
7612 Rh,Mr 2,7609
Telephone Number-M-781-1551 Telephone Number
_ 919-846-5900
e a c p )er wate b i clnumbc tc.
The property is located on the east side of Davis Drive (SR 1613), approximately 600 feet north of the
intersection of Davis Drive and Morrisville-Carpenter Road (SR 3014) in Morrisville, Wake County,
North Carolina. The site is adjacent to an unnamed tributary of Crabtree Creek, above headwaters, in the
Neuse River Basin, t
bdicate Which of the IRMI-4a Ate:
0 There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps wilt
make a final jurisdictional determination on your property,
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain e. more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the propetty, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval al the
X Corps. The Corps will not make a final jurisdictional determination on our ror
The waters of the U.S., to include wetlands, your property 1?Q1h' without an approved survey.
jurisdiction have been explained to you. Unless there is a change thee law or our and the published limi e ulatio Corps
determination may be relied upon for a period not to exceed frvo years from the date of this notification. ons, this
0 There are no waters of the U.S., to include wetlands, present on the above described
permit requirements property R'hich are subject to
the 1t re uirements of Section 404 of the Clean Water Act (33 USC 1344). Unlcss thert is•a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed?five years $om the
X date of this notification.
This project is located in the Neuse river basin. You should contact the North C
at [phone] to determine additional requirements specific to this river basina'rollna Drvlslba of Water Quality
Placement of dredged or fill material in wetlands ou this property
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (3 USC 1311).1 A
permit is not required for work on the
property restricted entirely to existing high ground. If you
have any questions regarding the
T Corps ofEngineers regulatory program, please contact
e at telephone number W1) g76 - 8441 extcajon_26, _
project Manager Signature `
Date '
uary l 1 1999 piration Date January 11 2004
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (Fnx) COPY OF TAPS FORM.
?1 t II
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 15, 2003
DWQ # 03-0980
Wake County
MAIL - RETURN RECEIPT REQUESTED
KEP M rrisville Realty, LLC
7001 lyrush Hollow Road
West ury, NY 11590
Su ect Property: Davis Commons (Commercial Complex) at the intersection of Davis
(SR 1613) and Morrisville-Carpenter Road (SR 3014), Mooresville, NC
T Whom It May Concern:
On August 6, 2003 the Division of Water Quality (DWQ) was notified by receipt of your request
fo approval regarding your plans to construct a stormwater wetland in Wake County. Approval from
D Q is required to disturb these areas.
1. This project will be placed on hold until such time as the applicant complies with the terms of
the variance issued on September 10, 1998 for the previous DWQ Project # 98-1301
previously known as the Bayless/Onslow Guildford Development. \
Please telephone Danny Smith at 919-733-9716 if you have any que tions or would require
copies of our rules or procedural materials. This project will remain on old as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this appli ation will begin when
this information is received. If we do not hear from you by writing or by fax at (919) 7
three (3) weeks we will assume you no longer want to pursue the proje will consider it
withdrawn.
q`^? Sincerely,
u
,'.lti? John R. Dorney
401 Water Quality Certification Program
JRD/bs
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
P
Central Files
File Copy
Harlan Britt, Kimley-Horn & Associates, 3001 Weston Parkway, Cary, NC 27513
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htt _:!112a.ehr state.nc,ushicwetla
rui
Customer Service #: 1-877-623-6748
SSA
?lR[ E
? ? ? Kimley-Horn
and Associates, Inc,
080980
FitE cOpr
August 5, 2003
Mr. John Dorney
NCDENR
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Davis Commons
DWQ Project No. 981301
P.O. Box 33068
Raleigh, North Carolina
27636-3068
A11G 16 2003
Mr. Dorney-
Please find enclosed the 401 Water Quality Certification application for the Davis
Commons commercial development in the Town of Morrisville, North Carolina.
This project, which was formerly known as the Bayless/Onslow Guilford Development,
was granted a conditional variance from the Neuse River Basin Rules by the
Environmental Management Commission on September 10, 1998 (see the enclosed
correspondence). In addition, the storm water management wetland for the development
was reviewed and approved by your office on October 11, 2001 (see the enclosed
correspondence).
We have also submitted to Ms. Amanda Wade, USACOE, a permit extension request for
the Nationwide Permit Number 39 (404 Action Id# 19920305) that was originally issued
for the site on August 13, 2001. This permit was set to expire on August 13, 2003.
Please let me know if you have any questions or if you need any additional information.
Yours truly,
KIMLEY-HORN AND ASSOCIATES, INC.
;h 1?3 ` " x
Matthew E. Lowder, PE
Project Manager
¦
TEL [phone]
FAX [phone]
,?' 1 #0
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. 0 a n lxan
v v
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing?1' ?xa
a. ._ ,> ,A 7 1P
1. Check all of the approval(s) requested for this project:
® Section 404 Permit AUG 6 2003
? Section 10 Permit s__
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 39
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: KEP Morrisville Realty, LLC
Mailing Address: 7001 Brush Hollow Road
Westbury NY 11590
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Harlan Britt
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: harlan.britt(a-),kimley-hom.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Davis Commons
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0745.15-63-3972
4. Location
County: Wake Nearest Town: Morrisville, NC
Subdivision name (include phase/lot number): Davis Commons (commercial complex)
Directions to site (include road numbers, landmarks, etc.): The property is located in the
Northeastern quadrant of the intersection of Davis Drive (SR 1613) and Morrisville-
Carpenter Road (SR 3014) in Morrisville, Wake County, NC. The site is adjacent to an
Unnamed tributary of Crabtree Creek, above headwaters, in the Neuse River Basin.
5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 694600, 3966100
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Abandoned agricultural and Residential.
7. Property size (acres): +/- 30 Acres
8. Nearest body of water (stream/river/sound/ocean/lake): UT of Crabtree Creek
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mEs/.)
Page 6 of 13
10. Describe the purpose of the proposed work: The purpose of this project is to construct a
Commercial complex in the Morrisville area.
11. List the type of equipment to be used to construct the project: This project will entail
the use of conventional heavy equipment.
12. Describe the land use in the vicinity of this project: residential, commercial, and
undeveloped.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A jurisdictional determination was issued for this property in January 1999 (Action ID #
199920305). No permits have been issued for this property. The Environmental Management
Commission (EMC) granted a variance of the Neuse Buffer Rules for this site in September
1998. The feature that was the subiect of the variance was a dug ditch through a tobacco field
which fed into a farm pond. The dam of the pond was breached and the remaining drainage
feature and pond bottom were found to be non-jurisdictional by the USACE.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None known at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 7 of 13
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
1 Fill 0.254
Acres No 1100 LF Ephemeral Wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.254 Acres
Total area of wetland impact proposed: 0.254 Acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.uov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.conj
www.niapgueSt.com, etc.).
Page 8 of 13
Cumulative impacts (linear distance in feet) to all streams on site: N
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Dam/embankment with emergency spillway and outlet
Structure with draw down weir.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): EMC stormwater management requirement
Size of watershed draining to pond: 30 Acres Expected pond surface area: 1.28 Acres
(including forebay, constructed marsh areas, and outlet pool)
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant requested a detailed delineation of wetlands on-site prior to developing site glans
in order to avoid and minimize impacts to wetlands to the maximum extent practical However,
a wetland area is present on the northwestern portion of the property, making it necessary to
impact this area in order to utilize this portion of the property. The applicant plans to avoid all
impacts to the stream channel on the eastern boundary of the property and its associated riparian
buffer. In order to satisfy stormwater management requirements associated with the Neuse
Page 9 of 13
Buffer Rule Variance granted for the site the applicant plans to create a constructed stormwater
wetland on-site The constructed wetland will serve to reduce the impact of stormwater leaving
the site by reducing sedimentation and peak stormwater flows.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Kimley-Horn & Assoc. does not believe mitigation should be required for this project.
However, if mitigation is required the applicant proposes payment into the NC Wetlands
Restoration Program.
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Page 11 of 13
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
None specified
1 NA 3 in EMC
variance
approval
None specified
in EMC
2 NA 1.5
variance
approval
Total
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone L extenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
1.28 acre stormwater wetland to be constructed_ in a nonturisdictional area. (Approved
stormwater plan see attached DWO letter dated October 11, 2001)
XII. Sewage Disposal (DWQ Only)
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.
NA
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
©-729
Applican Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
A!1G'14 '01 10:29 9198469467 P.16 R-701 F-285
08/14/2001 1025 9198469467 S$EC PAGE 16
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. AUG 14 '01 10:29 9198469467 P.19 R-T01 F-285
08/14/2001 10 :25 9198469467 S&EC PAGE 19

' %' NORTH CAl401,INA DEPARTMENT OF
ENVIRONMENT AND NATURAL, RESOURCES
DMSION OF WATER QUALITY

r+„??p September 21, 1998
KDENR 1
SEP ? 8 1998
Dr. David Bayless, President
,.V
?ANE6 g. HuNT.I N:?. Baylees and Associates
covzlu+oR 105 Dundee Court
Cary, North Carolina 27511

Subject: Variance Request for the Onslow-Guilford Development Site
NAtr1>rMcDevltT •,. .
itCIfCTA![Y ?'
4:. .
Dear Dr. Bayless:

. At their September 10, 1998 meeting, the Environmental Management
%.
PRi:T6" H0WA7lo,..' Commission considered your variance request for the Onslow-Guilford
Development site. Based on the information you .submitted to support the
variance request and the staff recommendation from the Division of Water
Quality, the Environmental Management Commission granted you a conditional
variance.
There are two conditions that the Environmental Management Commission
placed on your variance. The first is that you provide an acceptable Stormwater
Management Plan to the Division of Water Quality. The second is that no
construction may begin on any portion of this project until the Division of Water
' Quality approves the Stormwater Managennient,Plan.
The Division of Water Quality will approve the Stormwater Management Plan if
it is found sufficient to meet the requirements of the Neuse River Basin Nutrient
Sensitive Waters (NSW) Management Strategy; Protection and Maintenance of
Riparian Areas Rule (15A NCAC 2B .0233). In order to preserve the purpose
and intent of this rule, the level of nitrogen control on-site must be as close as
possible to the nitrogen control that would have been o5cred by anintact,
forested riparian area and stream.

' r - DWQ staff have discussed your project and the following items, at a minimum,
should be included- in your Stormwater Management Plan submittal:
`?; ?' • Calculations of the average annual nitrogen loading that will be contributed
;?;:::;,•,='_?•# by the site.
Plans, specifications, design calculations, and supporting documentation for
the proposed stormwater measures that will be used to meet the Neuse NSW
•i?>?•L.••Ml= •\? ,!; Strategy reV irements. 1 .
{
.;._: ; ;: r? • A site plan showing topography, site configuration
site drainage, and
....
' :C ,
proposed stormwater management measures.

.? , _:.. •;
?1.h P.O. BOX 29556, RALXICM, NORTH CARO61hA 27820.0532
.
•.??,.: ?_:;:, ?..•r,i:. ;..;. ?,•
? ?,; 2.J;?- :??, ;•.• w PHONE BIO-733-}OG3 PAX Ht e-y35-YDio
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION LMPLOYXR-60% RECTCLKV/10% POST-CONSUMER PAPCR ,
„c 12:18 FROM:IULEO MGMT CORP.
v7: lb 717C?03`+a.?OL?t.

[phone]
U.S. ARMY CORPS OF ENGIlWXM
Wilmington District
Action Mz 199420305 County:
7-077 P.02/02 F-287
AdOO
GRNERAL PERMIT (1tEGIONAL AND NATIONWIDE I CA ON ' ?? !
Property Authorized
Owner KEP Mortisviue Raaltv,, LLC Agent SoiI & -aakxmmuttylrrt,?;- c... .
Attn: Brad suther'
Address. 7001 Brush Hallow Raad Addm3 11010 Raven Ridue Road
Westbury, NY 1 ]590 Ueigl% NC 27614
Telephone Number 51s-876-4800 Telephone Number 919-8461-5900
Size and Location of hog" (wauTbod
y, FgIhwav naundnumbar, town. etc.): The property is
located in the =rtheastGrn quadrant of the intcraeation of DeM3 Drive (SR 16 13) and MonUvMe-
C+arpcater Road (SR 3014), in Morrisville, Wake County, North C MI:.M.
c don of Actfvi : This petwit authoorizea the placement of fill am-winied with the court VCdon of
vial development Down as Davis Commons. Impacts to wetlands authorized by this permit are
0.25 acres.
4PPn *b1F "W: _X-Maetfan 4 4 (Clean Wsttar Act, 33 USC 1341) only.
-6e9tioa 10 (River and Harbor Act of 18") only.
A,ut4otiaation: Raul Gaaeral Permit Number
39 Nadoarwide Psrndt Number
Amy viol atiol, of the conditions of the Regional General or Nationwide Pertnlt referenced above may
subject th* permittea to it stop work order, it r=taration order' and/or appropriate legal action.
Thk Department of the Army Regional General Permit or Nationwide Permit vertfication does not
relieve the pemittee of the responsibility to obtain any other required Federal, State, or local
approvAlt/perntits. The permittee cony need to contact appr*pristh State and local •geentle& before
be&ning work. If you have any questions regarding the Corps of Engineers regulatory program,
Plax1e contact _ Amanda D. Jones at telephone number 9 .9 Alb - 8441 Wension 30
Regulatory l'rojet bUnner Sipaturt.
Date A 13L2001 Expiration Data August 13, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINUTION FOMW, ETC., MUST BE ATTACHED
TO TAT, k'ELLow ('nx) C©PY of THIS FORM, IF REQI:,'I = OR AvA ,0LE-
?f
__ ?' ? ®? -Horn
Kimley
® and Associates, Inc.
AGENT AUTHORIZATION FORM
Name: KEP Morrisville Realty, LLC
Address: 7001 Brush Hollow Road
Westbury, NY 11590
Phone: [phone]
Project Name/Description: Commercial Development at the intersection of Davis Drive
(SR 1613) and Morrisville-Carpenter Road (SR 3014) in Morrisville, Wake County,
North Carolina
Date: May 19, 2003
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. Amanda Jones
Field Office: Raleigh
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Kimley-Horn and
Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of
processing the request for an extension of a 404 permit and to furnish upon request
supplemental information in support of the request, etc. from this day forward until
successful completion of the permitting process or revocation by the owner.
441-
Authorized this the 2-D y of Z OOH.
Kr mofr?sv?lt? Kul , LL-C
Print Property Owner's Name Property Owner's Signature
Title: MQ,r1 i rya (Yl?rn b &r
? ? ? Kimley-Horn
and Associates, Inc.
May 19, 2003
Ms. Amanda Jones
US Army Corps of Engineers
Raleigh Field Office \ J
6508 Falls of the Neuse Road g?T S
Raleigh, North Carolina 27615
Re: 404 Action Id. # 19920305 ---- I*T
Request for Permit Extension
Dear Ms Jones:
On August 13, 2001 the Corps of Engineers issued a Nationwide Permit Number 39 to
KEP Morrisville Realty, LLC for impacts associated with a commercial development at
the intersection of Davis Drive (SR 1613) and Morrisville-Carpenter Road (SR 3014) in
Morrisville, Wake County, North Carolina.
Various negotiations with NC DOT and the Town of Morrisville along with other
unforeseen issues have created unanticipated delays in the construction schedule of the
project. Extensive engineering work has been accomplished since the issuance of the
permit in response to the various negotiations, however, actual impacts to the wetlands
will not occur until sometime after the permit expiration date of August 13, 2003. Plans,
in conformance with the requirements of the agencies are being prepared and activity on
the site will begin within the next couple of months.
Because of the delays that the project has experienced, our client hereby requests a one-
year extension of the referenced permit. Please provide written confirmation of the
extension and if you have any questions, please do not hesitate to contact me at 919-677-
2209.
We appreciate your attention to our request.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Gam...
Harlan K. Britt, P.E.
Associate
Cc: Peter Bishop, P.E.
Mr. Ed Kalikow
HAPN\011886001\COE permit extension req..doc
¦
P.O. Box 33068
Raleigh, North Carolina
27636.3068
¦
TEL [phone]
FAX [phone]
„z 12:18 FROM:KALED MG1IT CORP. *516H76681I T-077 P.02/02 F-287
U.S. ARW COUN OF ENGU RS Ado*
Wilmington District
Action ID: 19992834 _ County: A aks r,_ r-• -
GENERAL PERMIT (MGiON.:l.1L AND NAT1ONWTDX) CATION
ALS 1 524
Property Authorized
;
Owner KF.P Morrisville ?A-Wtv, L„LC Agent Soil
Attn: Brad Sirtbe
Addr" 7001 Bruueh Hollow Road Addms 11010 Rm= R.id a Road
Westbury, NY 11590 Ralei& NC 27614
Telephone Number 315.676-4900 Telephone Number 919-846-5900
Sire sad Loeattion of pro trty_ (wattrbady% j jh ftaa natrnC&Ut Mber. toy% yk?: 1'he property is
to ed in the nQrth+eas'tau quadrant of the intesaection of DeM3 Drivc (SR 1613) and MorrlMlle-
4mentar Road (SR 3014), in Morrisville, Wake County, Worth Caml:na.
motion of Agtijq: This permit authorizes the placement of 611 amociated with the conzlru,ation of
comrnetzial davelopmment ]moan m Davis Commorm. Impacts to wetlands authoii=d by dus permit are
4.25 acres.
'401c"19 Lew: -A-Macdon+404 (Clean W4ttr Act, 33 USC 1344) only.
-'feuds 10 (lover abd Harbor Act of IBM) only.
Authorization: . Ragoxs1 General Permit Number
39 1?laticawwe Permit Number
Any violation of the tonditiom of the Regional General or )Nationwide Penait referenced above way
subject the parruittw to a stop work order, a restoration ord.er? and/or appropriate legal action.
Thik Department of the Army Regional General Permit or Nationwide Permit verification does not
relleve the pertaittee? of the responsibility to obtain any other required Federal, State, or local
apprcvalg/permits. The )pcrmittee may need to contact appropriate State and Weal agencies before
beeaaing work. U you have any questions regarding the Corps of Eagine en regvUtory progrxu4
.phrase contact _ Amanda D. Jonas at telepbone number 019) 876 - 8441 extension 30
Regulator' U'roJeet NUanger
Dan A 13, 2001 Expiration Date Au?st 1,3 2003
SURVEY PLATS, FIELD MaTC:8, WETLAND DELmATioN FORM, ETC., MUST BE ATTAC TED
TO THE IyELLow (MX) COPY OF TMs FORM, IF Rl4Q?LTRED OR AVAUAHLE.
MAY 20 '03 13:29 FROM:KALED MGMT CORP.
Kimley-Horn
and Associates, Inc.
[phone] T-028 P.03/03 F-413
AGENT AUTHORIZATION FORM
Name: KEP Morrisville Realty, LLC
Address: 7001 Brush Hollow Road
Westbury, NY 11590
Phone: [phone]
Project Name/Description: Commercial Development ai the intersection of Davis Drive
(SR 1613) and Morrisville-Carpenter Road (SR 3014) in Morrisville, Wake County,
North Carolina
Date: May 19, 2003
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. Amanda Jones
Field Office: Raleigh
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Kimley-Horn and
Associates, Inc. to act in my/our behalf as my/our agent sole for the purpose of
processing the request for an extension of a 404 permit and to furnish upon request
supplemental information in support of the request, etc. from this-day forward until
successful completion of the permitting process or revocation by the owner.
Authorized this the _2L day of Z O o3.
KC P Mg frl' u, ll,e R? ,Lt_C ' -
Print Property Owner's Name Property Owner's Signature
bu -
SU 16 '98 14:32
9197816174
P-01 R-432 F-650
PHONE NO. : 9197816174 Sep. 16 1998 02:45PM P1
No?' NORTH CAROLINA OF-PARTMENT OF
ENVIRONMENT AN13 NATURAL RESOuRCEs
DIVISION OF WATER QUALITY
September 3, 1998
MEMORANDUM
TO: Environmental Management Commission Members
FROM: Coleen Sullins. i `
RE: September Water Qua ty Committee and Environmental
Management Commission Meetings
Variance Requests from the Neuse River Basin: Nutrient
Sensitive Waters Management Strategy: Protection and
Maintenance of Riparian Areas Rule (15A NCAC 2B 0233)
Enclosed is the information submirted by applicants requesting variances from
the Neuse Riparian Area Rule. This information pertains to Item 2 on the Water
Quality Committee agenda and Item 4. on the Environmental Management
Commission agenda-
This month, there are two projects for which variances have been requested.
The first one was submitted by the City of Raleigh for the Raleigh Business and
Technology Center. Before the riparian area rule was adopted, the City began
planning for a business development center on a three-acre site in south Raleigh.
If the Neuse Riparian Area rule were followed on this site, approximately 30
percent of the buildable area on this site would be lost.
Staff believe that the City has sufficiently demonstrated that there is a unique
hardship on this site resulting from the riparian area rule. However, we believe
that, at this point, the City has not sufficiently demonstrated that water quality
would be protected on the site. Although the City has specified a proprietary
stormwater treatment system, the system has not been sited or sized, no
provisions have been made for the pretreatment system that will be required and
no computations of pollutant removal or, flow control havebeen provided.
Staff recommend that the EMC grant the City of Raleigh a variance from the
riparian area rule that is conditioned on providing a complete and acceptable
stormwater management plan to DWQ. DWQ will approve the stormwater
management plan if it is found sufficient to meet the requirements of the Neuse
Nutrient Sensitive Waters Management Strategy. Staff recommend that the City
not be allowed to proceed with any portion of the project until the stormwater
management plan is approved-
r-0- BOX 29535, RALEIGH, NORTH CAA0LJF4A 27626-0333
PHONL 01 9-733-SO03 fAX [phone]
FR,-M BBC
SEP 16 '98 14:32 91978161T4 P.03 R-432 F-650
F R'JM BBC PHONE NO. : 9197816174 Sep. 16 1998 02: 46PM P3
The second variance request was submitted by William Brown and David
Bayless for the Onslow-Guilford Development at Davis Drive and Morrisville-
Carpenter Road in Wake County- The west side of this site is proposed to be a
high-density commercial site- The site includes a small channel that does not
directly flow into another tributary, but most likely has a hydrologic connection.
This small channel runs through the center of the proposed commercial
development. site. If the riparian area rule were followed on this site, it would cut
the proposed development into two distinct. portions. The applicant has found
that this makes the project economically infeasible.
Staff believe that Mr. Brown and Mr. Bayless have sufficiently demonstrated that
there is a unique hardship on this site resulting from the riparian area rule-
`j - -- -
o
wever, we 1;U- ?:eQial; a3 "thissP
Dort; e.'agpTican ti.e. no 'su ?ci`el :?_? : _ ::::. - • ?:_?:.:::: ?,-.:;
demonstrated that water quality would be protected'on the site. Although they
have specified that several constructed wetlands will be used to treat the
stormwater from the site, the wetlands have not yet been designed and no
computations have been offered for their pollutant removal capability.
Staff recommend that the EMC grant Mr. Bro-,tin and Mr. Bayless a variance
from the riparian area rule that is conditioned on providing a complete and
acceptable stormvA-ater management plan to DWQ_ DWQ will approve the
storntwater management plan if it is found sufficient to meet the requirements of
the Neuse Nutrient Sensitive Waters Management Strategy. Staff recommend
that the applicants not be allowed to proceed with any portion of the project until
the stormwater mw3agement plan is approved.
I regret that you are receiving this information so close to your meeting time.
Staff are working to improve the variance request and rmiew process to allow
more review time for us and for you, and to improve the quality of variance
requests that we receive.
Burtch Biaz?ale,
City of Raleigh - -
Gil Johnson. City of Raleigh
Pam Kistner Dewberry and Davis
William Brywn
David Bayl5
Mike Ortoskv
Preston HoNwwd
Tommy Stevens
A=ette Lucas
~K DIT7bNAL'SELLERS
ANN W. ADAMS, CURTIS MOSHER, BEVERLY MOSHER, S. EDWARD WHITE, KATHY A. WHITE,
RODERICK D. ADAMS, JR., EXECUTOR and TRUSTEE OF THE ESTATE OF RODERICK D..
ADAMS, SR., JAMES D. ADAMS, SR., HAZEL T. ADAMS, F.H. ADAMS, AND BOBBIE T. ..
ADAMS
bd Wc07:2!0 8661 91 'd% N_T9TaGT6 : 'ON BNOHd OEE : WOad
48 9198469467
S&EC
PAGE 93
NOR'T'H CAROLINA DEPAI:tTMENT OF
ENV1?t0NMF_NT AND NATURAL RESOURCES
PIVISION Or WATER gfUALITT
t
J

Ar +l
September 21, 1998 h [S Q l !; ,
' ? l998
Dr. David Bayless, President ff.j?f
Baylees and Associates ----------fir
105 Dundee Court Cary, North Carolina 27511
Subject: Variance Request for the Onslow-Guilford Development Site
Dear Dr. Bayless:
At their September 10, 1998 meeting, the Environmental Management
Commission considered your variance request for the Onslow-Guilford
Development site. Based on the information you submitted to support the
variance request and the staff recommendation from the Division of Water
Quality, the Environmental Management Commission granted you a conditional
variance.
There are two conditions that the Environmental Management Commission
placed on your variance. The first is that you provide an acceptable Stormwater
Management Plan to the Division of Water Quality. The second is that no
construction may begin on any portion of this project until the Division of Water
Quality approves the Stormwater Management Plan.
The Division of Water Quality will approve the Stormwater Management Plan if
it is found sufficient to meet the requirements of the Neu.se Fiver Basin Nutrient
Sensitive Waters (NSW) Management Strategy: Protection and Maintenance of
Riparian Areas Rule (15A NCAC 2B.0233). In order to preserve the purpose
and intent of this rule, the level of nitrogen control on-site must be as close as
possible to the nitrogen control that would have been of eTed by an intact,
forested riparian area and stream.
DWQ staff have discussed your project and the following items, at a minimum,
should be included in your Stormwater Management Plan submittal:
a Calculations of the average annual nitrogen loading that will be contributed
by the site.
Plans, specifications, design calculations, and supporting documentation for
the proposed stormwater measures that will be used to meet the Neuse. NSW
Strategy requirements.
• A. site plan sho-.wing topography, site configuration, site drainage, and
proposed stormwater management measures,
'F.o. box 29593, RAL[IQN, NbRTH GAROLINok 27620-01533
PmoNL 919-799-50H3 FAX 91 e.ti3J-9A 9
AN BCY AL APP011TUNIYY I A1704 KATI ve ACT}9N AMPL9YSR - l90% RCGYGLZPII 0% r01T.CONiUMeR PA.r[R

PHONE NO. : 9197816174 Sep. 22 1998 10:44AN P3
The above and any other pertip?-M in omnation shoLdd be ;ni:tEu to Jul-ca
Dorney. His address is DWQ Wetland/401 Unit, 4401 Reedy Creek Road,
Raleigh. NC 27607. His phone number is 919-733-1786.
You also must protect SO foot riparian areas along streams with adjacent fore3t
vegetation that we. not ccverrd under your variance request.
We look forward to working with you on this request, if you have any questions
regard ag the variance or the Stormwater Management Plan, please wntact
Annette Incas at 919-733-5083 ext. 587.
Sincerely,
a-0 fG?..
Coleeali Sul ' , Chief
Water Quality Section
cc, William Brown Mike Ortosky Drag Thorpe
Bradley Bennett John Dorney Danny Smith
Preston Howard Todd St. John Ken Schuster
Annette Lucas
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,Q? WHT?9 Michael F. Easley
`O`? Govemor
vj 7 - Wiliam G. Rosa, Jr., seorotary
> Department of ENronment and Natural Resources
4 Gregory J. Thorpe, Ph,D., Acting Director
Division of Water Quality
October 11, 2001
Davis Commons
c/o Paul J. Cotilla
Nelson and Pope Engineers
572 Walt Whitman Load
Melville, NY 11747-2188
S((o - $ -71d -G 6 It
Subject: Davis Commons (Bayless/Onslow Guilford Development)
DWQ Project No. 981301
Wake County
Dear Mr. Koerber:
This Office is in receipt of the plans dated August 23, 2001 for the stormwater management wetlands at
the subject facility prepared on your behalf by Nelson and Pope and submitted to the Division on August 24,
2001. Staff from the Wetlands Unit reviewed the plans and found them acceptable. Please note that this
approval shall not be construed as an approval of the dam design for Dam Safety purposes.
If you have any questions regarding this matter, please contact Mr. Todd St. John at [phone].
R.
Unit
cc: John Domey, Wetlands/401 Unit
Bob Zarzecki, Wetlands/401 Unit U u? 1111
Raleigh Regional Office l?J
File
OCT 18 2001
NELSOR
North Carolina Division of Water Quality, 401 wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27899-1850 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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DWQ# 03 - C r o Date 12 ?3 Who Reviewed:
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan. 4 CD&P
Please provide the location of any proposed stormwater management practices as required by GC3 D?
Please provide detail for the stormwater management practices as required by GC?
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
Please indicate all stormwater outfalls on the site plan. t", "0' 0
Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
P roposcQ el--Q ?19 vv+,*AC+X ^Nr---
The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer boomw .
L. ? Tlease revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application,
Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
tf
DWQ# Q 3 0 7 a _O Date Who Reviewed: 6ai,ibi-i
Plan Detail Incomplete
? Please provide a location map for the project. pc, n'?i/ 5 Cv r-nrAen 1 • I ilr.e' c'rn he ??( ur { i fi
5.1 4Ach f%rne cis VG'l
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. fe_? rM1 , 0/ V11 rI
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
4
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