20040304 Ver 1_COMPLETE FILE_20040301

OF W A rF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?YT Alan W. Klimek, P. E. Director
"I Division of Water Quality
O ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 18, 2004
DWQ # 00-1489
Wake County
Page 1 of 3
Bobby Murray Chevrolet
Attn: Mr. Brent King
1820 Capital Blvd.
Raleigh, NC 27604
Subject Property: Plantation Point Development, US1 (Capital Blvd.) at 1-540, Raleigh, Wake County, NC
Perry Creek (Gresham's Lake) [03-04-02; 27-25-(1); B NSW]
APPROVAL of 401 WATER QUALITY CERTIFICATION and MAJOR VARIANCE APPROVAL per the NEUSE RIVER
RIPARIAN AREA PROTECTION RULE [15A NCAC 2B .0233(9)] w/ ADDITIONAL CONDITIONS
Dear Mr. King:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 750 linear
feet of stream, 0.38 acres of waters (pond) and 91,216 square feet of riparian buffers for the purpose of constructing the
proposed Plantation Point Development as described within your Major Variance Request presented to the Water Quality
Committee (WQC) of the Environmental Management Commission (EMC) on April 11, 2001 and the Pre-construction
Notification Application (PCN) for the use of Nationwide Permit 39 dated February 27, 2004. This letter shall act as your
Major Variance approval as decided by the WQC on April 11, 2001 and described within 15A NCAC 2B.0233(9)(c). After
reviewing your PCN application, we have decided that this fill is covered by General Water Quality Certification Number
3402 (GC3402). This Certification allows you to use Nationwide Permit Number 39 when the US Army Corps of Engineers
(USACE) issues it. In addition, you should get any other required federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control and Non-Discharge regulations. This approval
shall replace the approval issued on May 18, 2001.
This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN
Application. If you change your project, you must notify us and you may be required to send us a new application and
request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of
this Certification and 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)(6)
and (7). For this approval to be valid, you must follow the conditions listed in the attached Certification and any other
conditions listed below.
1. Stormwater Management
A final, written stormwater management plan shall be approved in writing by this Office before the impacts
specified in this Certification and Major Variance Approval occur. The stormwater management plan must
include plans and specifications for stormwater management facilities designed to remove 85% TSS according
to the most recent version of the NC DENR Stormwater Best Management Practices Manual. The stormwater
management plan must include the extended detention wetland to remove nitrogen as required by the WQC.
These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality (DWQ). Also, before any permanent building is occupied at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
North Carolina 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)
non - -- 1_1__..I non - cono /i....% Mw...//L..]....-.---
.... .... /.........H.....J../
Bobby Murray Chevrolet
Page 2 of 3
March 18, 2004
Please note that on May 10, 2002 the DWQ approved a stormwater management plan dated May 1, 2002 for
the original site plan. Please submit a new stormwater management plan for the current site plan that complies
with the condition as stated above.
2. Buffer Mitigation
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 218,922 square feet as required under your Major
Variance Approval and 15A NCAC 26 .0242. We understand that you wish to make a payment into the Riparian
Buffer Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the WQC to be a suitable method to meet the mitigation
requirement. In accordance with 15A NCAC 26 .0242(7), this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check
(made payable to: DENR -Wetlands Restoration Program Office), no impacts specified in this
Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at (919) 733-
5208 if you have any questions concerning payment into the EEP. For accounting purposes, this
Certification and Major Variance Approval authorizes payment Into the Riparian Buffer Restoration Fund
to compensate for 218.922 ft2 of required riparian buffer mitigation for impacts to 91,216 ft2 (and 750
linear feet) of protected riparian buffers; 03-04-02 river and subbasin, 27-25-(1) stream Index no."
3. Nutrient Off-Set Payments
You are required to provide nutrient off-set payments into the NC Ecological Enhancement Program (EEP) as
required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 213 .0235 and .0240). You
must contact the subject local government (City of Raleigh) and EEP to work out the details of providing this
payment. The estimated payment presented to the WQC totaled $98,445.60. If the calculated payment is less
than this amount you must notify this office and you may be required to request a new Major Variance Approval
from the WQC. Until the WRP receives and clears your check (made payable to: DENR - Ecological
Enhancement Program Office), no impacts specified in this Certification and Major Variance Approval can occur.
4. Buffer Protection
Any additional impacts to the protected riparian buffers other than those specified within this Major Variance
Approval shall be limited to a single access road across the main stream bisecting the property and any
necessary utility crossings. Any additional impacts to the protected riparian buffers must first receive written
authorization from this Office. No future variances from the riparian buffer protection rules will be allowed on the
remaining parcels within the PUD.
5. Remaining Parcels
All future development on the remaining parcels must comply with Neuse River Basinwide Stormwater
Requirements and subject local government (City of Raleigh) associated ordinance.
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
permit.
If you do not accept any of the conditions of this certification and Major Variance 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, PO Box
27447, Raleigh, N.C. 27611-7447. This Certification and Major Variance Approval and its conditions are final and binding
unless you ask for a hearing.
Bobby Murray Chevrolet
Page 3 of 3
March 18, 2004
This letter completes the review of the Division of Water Quality under section 401 of the Clean Water Act and the Neuse
River Riparian Buffer Protection Rules (15A NCAC 26 .0233). Please call Bob Zarzecki at 919-733-9726 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
I?
ea. limek, P.E.,
Director
Attachments: Certificate of Completion
GC 3402
Cc: Nortan Webster, Kimley-Horn and Associates, Inc., 3001 Weston Parkway, Cary, NC 27513
Steve Mitchell, DWQ Raleigh Regional Office
Todd Tugwell, USACE Raleigh Regulatory Field Office
Ron Ferrell, Wetlands Restoration Program
File Copy
Central Files
DWQ 001489
March 18, 2004
bz
O? W A T? Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
p ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION & Major Variance Approval
SUMMARY OF PERMITTED IPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Bobby Murray Chevrolet has permission as outlined
below and within the Water Quality Certification (WQC) Number 3402 w/ additional conditions for the purpose(s) of
constructing the proposed Plantation Point Development. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOLOGICAL ENHANCMENT PROGRAM (EEP)
DWQ Project No. 001489
DATE: March 18, 2004
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUBBASIN: 03-04-02
STREAM INDEX NO.: 27-25-(1)
As required by 15A NCAC 2H .0506 and 213.0233 and the conditions of WQC No. 3402 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands, surface waters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
[Note: Acreage requirements proposed to be mitigated through the EEP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).]
0.0 acres of Class WL wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparian wetland
0 linear feet of stream channel
218,922 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A
NCAC 2B .0242. If you choose this option, please sign this form and mail it to the EEP at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
ECOLOGICAL ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
North Carolina 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)
919-733-17RR /nhnna) 919-733-RWA HAY) httn-Hh9n am etata nr. uc/ncwatlnnrlc/
p V1 Kimley-Horn
and Associates, Inc.
February 26, 2004 rl 1
s P.O. Box 33068
Bob Zarzecki Raleigh, North Carolina
27636.3068
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250 WETLANDS 1401 GROUP
Raleigh, NC 27604
Re: Plantation Point 'MAR 1 2004
Dear Mr. Zarzecki, ' V1ATEIR OUALRY SECTION
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
96:7-101?
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
TEL [phone]
FAX [phone]
? ? ? Kimley-Horn
and Associates, Inc.
February 26, 2004
Bob Zarzecki
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Plantation Point
Dear Mr. Zarzecki,
WETLANDS 1401 GROUP
MAR .I 2004
1A'ATER QUALITY SECTION
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
xw???
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
040304
P.O. Box 33068
Raleigh, North Carolina
27636.3068
¦
TEL [phone]
FAX [phone]

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information WETLANDS / 401 GROUP
Name: Mr. Brent King
Mailing Address: Bobby Murray Chevrolet
1820 Capital Blvd. MAN 2004
Raleigh, NC 27604
ER DUALITY SECTION
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bkingPbobbymurray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton.websterAkimley-horn.com
Page 5 of 12
f
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02 • 27-2541)• BNSW
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:_
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
section that runs
Stream through through Intermittent/
See Current Site Fill the pond bottom UT to Perry Creek varies unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.us9s.9OV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapq uest.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
* Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0.38 UT to Perry Creek Pond
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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.ejir.state.nc.us/iicwet]ands/strmgide.liti-n1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.litm. 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): N/A
Amount of buffer mitigation requested (square feet): 218,922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Maior
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page 11 of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project impervious cover using an extended detention
Wetland similar to that previously approved by DWO.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).
2)2 7
J ApplicanbAgent's Signature hate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
MUFF]. oicrn N111W IU. nmiaF] F]FRl
AGENT AUTHORIZATION FORM
Name: oo88Z 771 LI e AqV _ S,Z
Address: 9 U. S D X. yD & 3
Phone: 9/ 4- k-3 y- to e1 y
Project Name/Description: Jr7/g., A ?kw.-, ?e,',s 7'
Date: ? & 6aG ,?_va
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: --re ,4 A%07? a e c/e f qt
Field Office /e
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc, from this day forward until
successful completion of the permitting process or revocation.
Authorized this the ;2A 4 day ofe oy'?
Es+c-4-e c,(- 6o66v Z.
Company or Corporation
61 Name Signature
13 d f js y xE i/ i _ ws' -4 3 13 ,t 7 A
Oo - t )Ce c wi I r 1 O
CC: Mr. John Domey,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
-DATER 9)RLITY
a_
A ?
??,? ; I 01 l1:1? P. 0?/04
Pl-RhNIN3 Fa;< `a1'a-715-JFyJ7
Michael F. Easlay
a ov srnoe
William G. Ross, Jr., Secretary
Department of ErNkonment and Natural Resources
Kerr T. Stevens
ON6cn oi' Water OM ft)
May 19, 2(XJl
DWQ # 00-1485
Wake Count)
Page 1 of
I
Mr. Bobby Mw-ray Morin Development Group
1820 Capital Blvd. Attn:' -Mu. Ken MOrin, President.
Raleigh, NC -27604 115 :South Albany Avenue
Tampa, Florida 33606
Cc: Kimiey-Aom and Associates, Isx:.
Attn: Mr. Harlan Britt
3001 Weston Parkway
Cary,.NC 27513
RE: Plantation Point Development. US I. (Capital Blvd-) at 1-540. Raleigh. Wake. County, NC
'Pex-Ty Creek ( re,h='s Lake) (03-b4-02; 27-25-(1}; B NSW]
A-'PPROVAL of 401 WATER QUALITY CERTIFICATION- ntxI:MA34 V...k'RIANCE APPROVAL p-er the NEUSE RIVER
RIPARIAN AREA PROTECTION RULE (15A NCAC 213 .0233(9)] wl ADDITIONAL CONDITIONS
Dear Sirs.
You have our approval, in accordaupe with the attached conditons and those listed below, to place fill material in 0.04 acres of
wetlands, 750 .lWear feet of stream and 91,726 square feet of riparian buffers for the purpoic of constructing the proposed Plantation
Point Dt valOpment as described within your•;Ma jor Variance Rtqurst.presented to the Water Quality Committee (WQC) of the
Environmental Management Commission (FMC)' on April 11•, 2001 and the Pre-cotinruction Notification Application (PCN) for the use
of Nationwide Permit :39 dated February 2, 2001. This letter shall tact as your Major variance approval as decided by the WQC on April
11. arad described within 15A NCAC 2B .M'33(9)(c). After reviewing your PCN application, we have decided that this till is
covered by General Water Quality Certiflcatip,n Number 3257. '' This'Cerdfiication allows you to use Nationwide Permit Number 39 when
the US Army Corps of Engineers (USACEj issues it. In-addition, yoti should Let any other rogvircd federal, state or local permits before
you pracccd with your project including 'i.butMot limited to) Sediment and :Erosion Control and Non-Discharge.
')his approval is only valid for the p;ur, N-se and design that you described in your Major Vari3ncc Rcquust and PCN Application.
If vaj change your project, you must notify us and you niay be required to send us a new application turd request a new Major Variance
approval through Elie WQC. If the property is sold, the new owneranust be given a copy of this Certification anti approval and is thereby
rm,ponsible for complying with all conditions. Lf total wetland fills for this project (now or in the future) exceed one acre, Compensatory
rriltigatjon may be required as describcd in 1J ?? NCAC 21 .0506OW6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached Certification;and any.vther conditions listed below.
1. A :final, written sturmwater management plan shall be approved in writing by this Office bcfare the impacts aTec.ilied in this
CcrUfication and Major VariangC Approval occur. The. stormwatcr management plan must include plans and specifications
for slormwater management facilities de::igried to remcwe 85.%. TSS according to the most recant version.of the NC DENR
storm-water )3est Management Practices Manual. The stormwatcr lmanagwricnt plan must include the cxtendcd detention
wetland to remove nitrogen as ri?quired by the WQC, These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by the Division of Watcr Quality (DNVQI. Also, before rtny permanent
ht.ilding is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and
the siormtivateY management plait (as approved by this Office) shall be implemented, The stnictt.Tal stormwater practices as
approved by this Office as well as drainage p;sterns .must be maintained in perpetuity. No changes to the structural
stormwater practices :hall be mnde wirhnnt w'rittctn authorization from the Divit;iun kWWator Quali:y•
2. You arc required to mitigate for impact. Lo the protected riptu-ian buffers. The required area of mitigation to compensate for
impavis to the protected.riparian buffers is 2118,922 square feet as required tinder your Major V',uiance Approval and 15A
NOrtn Garvllna Division of water Quallty, 401 1'VetlandS Certification Unit.
1650 Mall Service Censer, Raleigh, NC 27609-1650 (Malling Aodross)
2321 Crabtrea Blvd., Raleigh, NG 2750=-2260 (Location)
WHTEP OUALITY PLRPdPdI4D Fax:' 19"1. -Ek,37 flay 21 'G1 11 1' F. CC/G4
Page 2 of 2
NCAC 2B .0242. We understand that you wish to make a pay meat. into the Riparian Buffer Rcstoration Fund administered
by the NC Wetlands Restoration Progrum (WRY) to meet this mitigation requircricnt. This has been determined by the
Wes' to be a suitable method to meet the mitigation requirement. In accordance with 13A NCAC 2B .0242(7), this
contribution will satisfy our compcnsa4,ry rnztigation rcquiretnents under I5A NCAC '2B .0233(9)(C). Until the. WRP
receives and clears your check (made payable W: DF.NR - Wetlands Restoration Program Office). no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you,
have any questions eoncerridmi. payment into the VW. You huve, Otte month from the date of this approval to make this
payment. For accoundng puooses, this Certification turd Major Variance Approval authorises payment into the
Riparian Duffer RtstorationlFand to compensate for 218,922 fta of required riparian buffer mitigation for impacts
to 91,726 ft2 (and 750 iiaear Acct) of protected riparian buffers; 03-04-02 river and subbaasjrL"
You are required to providr..nu(7iont ofF-act payments into the NC Wetlands Restoration Prograra (WRP) as required under
tic Ne"a River Basinwide Stgrrswater Rcyuitcraents (15A NCAC 2B .0235 and .0240). You must contact the subject
local government (City of Raleigh) and WRP to worlt out the details of providing this payment. The estimated payment
prGcnted to the WQC totaled X98,445.60. If the calculated payment is less than this amount you must notify this office and
you may be required to request a new Major Variance Approval from the NVQC. Until the wrRP receives and clears your
check (made payable to: DFNR - Wetlands Rcs-tt)rarlprt Progrtun Office), no impacts specified in this Certification, and
Major Variance Appri)val can occur.
4. Any additional impacts to the protected riparian buffers othcr than these sp•ocifed within this :Major Variance Approval
shall be lintited to a single access road across the main stream bisecting the properry and-any necessary utility crossings.
Any additional impacts to the } rotecttd'riparian buffers must first receive written authoriiaiion from this Office. No future
variance, from the riparian buffer protection rules will be allowed on the rcrnaining parcels within the PUD.
5. All future developmeni on the remaining parcels must comply with Neuse River Basinwide Stormwater Requirements and
subject local government (City rof Raleigh) associated ordinance.
.
If you do not aece-pt any of tht- con coons of this certification and Major Variaucc Approval, you may ask for and adjudicatory
hearing. You must uet within 60 days of the Autc :hat you receive this latter. To auk for a hearing, send a written petition which
confor= to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box '7447, Raleigh,
N,C. 27611-7447. 'This Certification and hlajor Ysriancr Approval and its conditions at•e final and binding uriless you ask for a hearing.
This letter completes the review of the Division of Water Quality under section 401 of die Clean Watt.;r Act and tae Neuse River
Riparian B uffer Protection Rules (15A NCAAC 2B .0233), Pica.,e call Bob Zarzeckl at 919-733-9720 if you have any questions or require
copies of our rules or procedural materials.
Attat:hment:. General Certification Num bar 3287
Cc: Steve Mitchell, DWQ Raleigh Regi 'nal Office
Todd Tugwell, L'SACB R.al°igh Reg IWatory Feld Office
Ron Ferrell, Wetlands Restoradon Pyograrrt
,File COOy
Ccntrui Filcs
u%
DWQ 001489
WATEP UJALITY RL.R•41"IING Fax: 91<D-715-5b.?7
OF wx jFq
7 =1
? T
hiay 2'1 '1j1 11:17 F'. U4%04
lrllchaa4 F. Easley
Governor
William Q. Ross, Jr., ,.e-cretary
.Department of Environment and Natural Resources
Kerr T. Stevens
Division of water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTI FICATION
SUMMARY OF PERMITTED (PACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and Within the Water Quality Certification (WQC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activities associated with these
autho.ized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Projact No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUBBASIN: 03-04-02
As required by 15A NCAC 21H .0506 and 2B .0232 and the conditions of WOC No. 3267 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, craation, enhancement or preservation of
wetlands, surf ace viaters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
I
[Note: Acreage requirements proposed to ba mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).] .
0.0 acres of Class VYL wetlands
0.0 acres of ri arianiwetland
0.0 acres of ron-riparian wetland
linear feet of stream channel
218,922 square feet of stream buffers
One of the options you have:avaliable to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per '15A NCAC 2.R .0503 and to the Riparian Butter Restoration Fund per 15A
NCAC ZB.0242. It you choose this optidn, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of pa}-ment will be sent to you upon receipt of this form. PLEASE NOTE. THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE W RP.
Signature
Date
WC-TLANDS RESTORA'rlCJ/J PPCS,,RAM.'(WRPNC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
North Carvlinn Division of Water Quality, 401 'JVetlanos ugruncaiion Um
1650 Mali Service Center, Raleign, NC 27699-1G50 (Mailing Address)
? ^r`ll
2321 Crabtree NV ,, Raleigh, NC 27604-2250 (Location)
coP?
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940
County:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Address P.O. Box 33068
Wake
Raleigh, NC 27636-3068
Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include' acres of stream channel and 0.38 )acres of an open water pond. Total impacts
authorized are 0.48 acres. f
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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
Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE, YELLOW (FILE) COPY OF THIS, FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County:
Cod'
Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Bobby Murray
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
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 a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
A panda D. Jones at telephone number (919) 876 - 8441 extension 30
Project Manager Signature
Date August 30, 2001 Expir ' n
to August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

1?5

Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
- PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
ksITT ONE a T'?he foll vg denhf esyour nghts and options regarding ati admnistratn e appeal o;the*boe'
xa
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SBA TI ON I _,:REQUEST-FOR'APPEAL'or, OBJECTIONS'TO AN TNITIAL PROFFERED PERI?'IIT ?
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.

W ti_
PMN? OF CONTACT y Q[ ESTIONS OR INFORMATION - ..,
H ... ,, ri
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: T lephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Title: USGS Quad Map (Raleigh East and Wake Forest, NC, 1987)
Project:
Stormwater Analysis
_ Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
F
ley
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ApC2
i
I
Title: USDA
Kimley-Horn and Associates, Inc
i
Soil Survey Map (Wake County, 1970)
Project:
Stormwatcr Analysis
Plantation Point
Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1:15,840 012013001
Plantation Point
Raleigh, North Carolina
Soil Classifications
Kimley-Horn and Associates, Inc.
Date: 4/25/01
Prepared by: JNG
Checked by: MID
Soils present in the watershed, based on the Soil Survey
of Wake County Soil Conservation Service, 1970
Symbol Name Description
ApC2 Appling sandy loam
ApB2 Appling sandy loam
CeB2 Cecil sandy loam
CeC2 Cecil sandy loam
j CeD Cecil sandy loam
Cn Colfax sandy loam
Gu Gullied Land -
i LoB Louisburg loamy sand
Wy Worsham sandy loam
Soil Group B will be used in the analysis cont ained herein.
Slope Group
6-10% eroded B
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10-15% B
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2-6% B
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?14-?1)VCJ1
O??F W ATF9oG Michael F. Easley
Governor
y William G. Ross, Jr., Secretary
1 Department of Environment and Natural Resources
p Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
f?f John R. Dorney
a Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
"'Y 15 2002
KIMLEY HORN CMASSOClATES,
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
? ? ? Kimley-Horn
and Associates, Inc.
February 26, 2004
P.O. Box 33068
. 444, Bob Zarzecki >J Raleigh, North Carolina
27636-3068
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Plantation Point
Dear Mr. Zarzecki,
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
WETLANDS / 401 GROUP
MAR 12004
WATER QUA 17Y SECTION
TEL [phone]
FAX [phone]
Is
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information WETLANDS 1401 CROUP
Name: Mr. Brent King
Mailing Address: Bobby Murray Chevrolet
1820 Capital Blvd.
Raleigh, NC 27604
R UUA.LITY SECTION
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking(a,,bobbMurray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Noron.webster()kimley-hom.com
Page 5 of 12
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02); 27-2541)BNSW
8. 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/adniin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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
feet
Type of 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.feina.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:_
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
Stream section that runs
See Current Site Fill through through UT to Perry Creek varies Intermittent/
Plan (attached) the pond bottom unimportant
(0.1 ac -not
including pond
bottom)
* 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.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www rnauauest.corn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma acres bay, ocean, etc.
See Current Site Fill 0.38 UT to Perry Creek Pond
Plan (attached)
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts nronosed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
? wetlands
installation of
Page 9 of 12
f
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.eiir.state.nc.us/ncwet]ands/strmgide.litni1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): 218,922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Major
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page 11 of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project impervious cover using an extended detention
Wetland similar to that previously approved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).
/ J01 V..Ci ?A__ ry".Mlev- anA a. - 0 1l? r ... _ c 1 2 )2 7
--' Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
rrum: orenc rung i o: nanan ona U4LC. ucr 14VVY i ime. MUM00 run I.W. c - c
AGENT AUTHORIZATION FORM
Name: Oo 198 y X11 u!t e Ate 5 7-
Address: 9 0. 9 1? X S/O & 3
Phone: q /R - Y- 3 1/
Project Name/Description: '9xy., A y -'O&I ys,'.a
Date: ?& 6 (- , 7_ vo y
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: X K d e {74.r
Field Office w le <i
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc. from this day forward until
successful completion of the permitting process or revocation.
Authorized this the. A day of ? , ;)oy?L
E s+c 4-4-, er- &mil) to ? L, rY1 cr.,-?Q
Company or Corporation
i<; Co eic.e
Name 1 Signature
13134-1, f V : x2?Ji ?l [?_ WArp? Fj}?f T ' ?
Co- e )cc r-wf # r 1 O ;?? _ "Ai
CC: Mr. John Domey,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
WHTEP UJHLITY
\c?ay
i>
May 19, 2001
DWQ # 00-1485
Wake Count
Page 1 of
Mr. Bobby Nlurray Morin tlevelopmnr Group
1820 Capital Blvd. Attn:' W. Ken Morin, President.
Raleigh, NC 27604 115 :South Albany Avenue
Tampa, Florida 33606
Cc: Kimley-born and Associates, Inc.
Attn: Mr. Harlan B61t
3001 Westcin Parkway
Cary,.NC 27513
RE: Plantation PoLzt Development. US1 (Capital Blvd-) at I-540. Raleigh. Wake County, NC
'Perry Creek-(Gre,ham's lake) :(03:6A-02; 27-25-(1); B NSWI
APPROVAL of 401 WATER QUALITY CERTIFICATION. nnc3 11fiA,3 ?? T14NAL CONDITIONS VARIANCE APPROVAL per t3reNEUS)?RIVER
RIPART9?N AREA PROTECTION RULE [15A NCAC 1.:0 .0;33(9)]
Dear Sirs.
You have our approval, in accordauFe with the attached conditions and those listed below, to place fall material in 0.04 acres of
wetlands, 750 liztear feet of stream and 91,726 square feet of riparian buffers for the purpoic of constructing the proposed Plantation
Point Dtuvelopment as described within your•;Major 'June e Request presented W the Water Quality Comm'ttee (WQC) of the
Environmental Management Commission (FMC) on April 11, 2001 and the Pre-construction Notific:+tion Applioution• (PCN) for the use
of Nationwide Permit 39 dutzd February 2, 2001. This letter shall act as your Major Variance approval as decided by the WQC or, April
11. 2001 and described within 15A NCAC ?B .0233(9)(c). After reviewing your PCN application, we have decided that this till is
covered by General Water Quality Certificatioa Number 32$7. '' his'Certification allows you to use Nationwide Permit Number 39 when
the US Army Corps of Engineers (USAGE) issues it. In addition, you should gat any other required federal, state or local permits before
you procccd with your project including •;but;not limited to) Sediment and Erosion Control and Non-Discharge. Application.
This approval is only valid for the p;- se and design that you described in your Major Varisncc.Rcquc:t and PCN App
If you change your project, you roust notifv us and you may be required to send us a new application and request a new Major Variance
approval through the WQC. If the property is cold, the new owner roust be given a copy of this C.errification nod approval hod is thereby
rcapoitsible for coinplying with all eoildinons. Lf totat wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation, may be required a5 described to 1IA NCAC 211.0506(h)(6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached Certitication;and any other conditions listed below,
1. A final, written stormwacer management plin shat! be approved in writing by this Office hcfora the impact:' a?cc.itied in this
Certification and Major Variunq.e Approval occur. The. stormwatt:r manaocmcnt plan must include plans and specifications
for slormwattsr management facilities designed to remove 85% TSS according to the most recent version.of the NC DENR
StorniNvater Best Management .Practices Manual. The stormwatcr management plat must include the extended detention
wetland to remove niu'ogen as rl quired by the WQC. These facilities must be designed to treat the runoff from the cnfire
project, unless otherwise explicitly approved by the Division of Walcr Quality (DWQl. Also, before tiny permalncut
ht,ilding is occupied at the subjgct sit:., the facilities (as approved by this Office) shall be constructed and opei:ttional, and
the swrmwater management plan (as approved by this Office) shall be implemented, The structural stormwatar practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices vhall be rnnde without written authorization from the Di vision,)rWwtvr Quality.
2. You arc required to mitigatt for impact. to the protected ripnl'ian buffers. The required aria of mitigation to compensate for
impac..ts to the protected riparian buffers is 213,9'22 square feet as required tinder your Major Variance. Approval and 15A
' ,a r iJ-JFJ•J? May % 1 101 11:12 P. 02%04
PL4N'1i'?3 Fa:?: a1-'7
Michael F. Easloy
Governor
William G. Ross, Jr., Secretary
Department of Erivi onment and Natural Resources
Karr T. Stevens
Dtvisicn of water GUally
Nonn Carolina Division of Water QUalliv, 401 1Wetlanos cervtlcauon unit.
1650 Mall Service Censer, Raleigh, NC 276°9-1650 (Mailing Address)
2321 Crabtrea Blvd., Raleigh, NG 279041-2260 (Location) -?' ^r - Inrwatlann5/
111HTEP 01)HL17f PLINf'-IING F. r:*-'a19-71`-S63r May 21 '01 11:1ti F.t;C;/G4
Page 2 of 2
NCAC 213 .0242. We understand that you wish to make a payment. into the Riparian Buficr Restoration Fund adtrtinistCred
by the NC'Wetlands Restoradon ProgTum (WW) to meet this mitigation requirement This has been determined by the
WQC to be a suitable method to rued the mitigation requirement. In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our compcnsatory mitigation requirements under 15A NCAC ZB .0233(9)(C). Until the WRP
receives and clears your check (made payable tn: D, NR - Wetlands Restoraton Program Office), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any questions conccrnir j. payment into the VW, You have one month from the date of this approval to make this
payment, For accounting pu0cases, this Certification and Major Variance Approval authorises payment into the
Riparian Buffer Restoration !Fund to compensate for 218922 ft?i of reqtdred riparian: buffer mitigation for impacts
to 91.726 ftr (,and 750 iiaear iiett) of protected riparian butlers; 03-04-02 river and subbasin."
You are required to provide nxvient off-sct payments into the NC Wetlands Restoration Prograra (WRP) its required under
dic Neese River Basinvride. Stgrniwater R.cyuitcments (15A NCAC 2E M35 and .0240). You must contact the subject
local government (City of Raleigh) and WRY to wor'K out the details of providing this payment. The estimated payment
presented to the WQC totaled :$98,445.ti0. If the calculated payment is less than this amount you trust notify this office and
you may be required to requests a new Major Varisncc Approval from the WQC. Until the WRF receives and clears your
check (made payable to: DFNR - Wetlands Rcstoratieri Progrtun Office), no impacts specifit-d in this Ccrtifieatior, and
Major Variance Approval can scour.
4. Any additional impacts to the protected riparian buffers other than those sp,citled within this :Major Variance Approval
shall be limited to a single accdss road across the main steam bisecting the proptrry and-any necessary utility crossings.
Any additioual impacts to the ?rotccte-d 'riparian buffers must first reccivc written authorisation from this Office. No future
variances from the riparian buffer protecton rules will be allowed on the remaining parcels within the PUT).
5. All future develr,•pmeni on the remaining piu'cels must comply with Neuse River Basinwide Stormwater Requirements and
subject local government (City rot Raleigh) associated ordinance.
if you do not aecc-pt any of the condiron of this certification and Major Variance Approval, you may ask for and adjudicatory
hearing. You must net within 60 days of the date that you receive this latter. To ask for a hearing, send a written petition which
conform, to Chapter 150E of the North Carolina Gcneral Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh,
N.C. 27611-7447. This Crrdfication and Major Variance Approval and its conditions are final anii binding unless you ask for a hearing.
Ttlis lener completes the review of the Division of Water Qualiry under section 401 of L,e Clean Water Act and the Neuse River
Riparian B uffer Protection Rules (15A NCAC 2B .0233). Piame call Brib Zarzeckj at 919-733-97-15 if you have any questions or require
copies of our rules or procedural materials.
Sin rely,
t
/r
Stevens,
it ctor
Attachment:. General Certification Number 3287
CC: Steve ivfitchcll, DPt'Q Raleigh R•cgigqnat Office
Todd 7ugwell, USACE Raleigh Reg IWatory Feld Office
Ron Fdrrell. Wetlands Restoration Pyogr=
,File Cooy
Ccntrai Fily;
DWQ 001489
WATEP ut-ALITY PLI44%]ING Fax: -7 hlay 21 'Q1 11:13 F.04i04
Of `NxfFy
\Q? S
r
Ml<9tae1 F. Easley
Goveimr
William Q. Roes, Jr., secretary
.Department of Environment and Natural Resources
Karr T. Stevens
Division of water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED (PACTS ANC MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 21E .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and within the Water Quality Certification (WQC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activitles assoclated with these
authorized impacts must be conducted with the conditions listed in the attached certification transminal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWO Project No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BAS I N/SUBBAS I N: 03-04-02
As required by 15A NCAC 2H .0506 and 23 .0233 and the conditions of WQC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoratlon, crsation, enhancement or preservation of
wetlands, surface v+aters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
[Note: Acreage requirements proposed tb ba mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).11 .
0.0 acres of Class V?L wetlands
0.0 acres of riparianiwetland
0.0 acres of non-riparian wetland
linear feet of stream channel
218,922 square feet of stream buffers
One of the options you hava;avaliable to satisfy the compensatory Initigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per 15A NCAC 2R.0503 and to the Riparian Butter Restoration Fund per I SA
NCAC 2B,0242. It you choose this optidn, please sign this form and mail it to the WRP at the address lisled below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE W RP.
Signature
Date
WETLAt4os RESTORATION PP(-,,-,RAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
North Geroline Division of Water Quality, 401 wetlands uorvhcation Uni4
1650 Mall Service Center, Raleign, NO 27699-1650 (Nulling Address)
2321 Crebirec Blvd., Raleigh, NC 27604-_250 (I,or^atlon)
....., --1 --1- -... -.•.4u ie/nrtwatlandli/
COPS'
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940
County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray _ Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd. Address P.O. Box 33068
Raleigh, NC 27604 Raleigh, NC 27636-3068
Telephone Number 919-834-6441 Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include', b acres of stream channel and 0.38 )acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE. YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County:
Co?Y
Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Bobby Murray Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 1820 Capital Blvd. Address 11010 Raven Ridge Road
Raleigh, NC 27604 Raleigh, NC 27614
Telephone Number 919-834-6441 Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
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 a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number, (919) 876 - 8441 extension 30
Project Manager Signature
Date August 30, 2001
n'Date August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
t •'f'
O AD kT?2A?TI`4?F?`?AZ'.PT?? ? :p? IU>?+ ?
? M1

Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
- PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
nghts and;optinns regarding ?nradmuiistrattye appeal Qf :tihe?above' `}
f°-?,?I?N?`I?s;?
I'he"soli ?°wtng,identtf es your
?
?
c sio ???Addrtona"1 ." oz'mation?n?y be`found at http;l/usace:?arm?:millmertlfunctlons/cwlcecwolreg?`o ?'

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL:- If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.

,PERI IIT r '.. "
"SE? LEST-,FOR'APPEAL`or OBJECTIONS TO AN INITIAL PROFFERED
`' :.?'ION,? I?=,:ItEQ
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the, appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.

r ..
POINTt OFCONTACT,OR,QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal if you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Title: USGS Quad Map (Raleigh East and Wake Forest, NC, 1987)

pppppl - ? Project:
Stormwater Analysis
- Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
It .
I
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r
i
Title:
clmmrl Kimley-Horn and Associates, Inc.
Survey Map (Wake County, 19'
Project:
Stormwater Analysis
Plantation Point
Raleigh, North Carolina
Date: Scale. Project
1:15,840 01
Appendix:
Plantation Point
Raleigh, North Carolina
Soil Classifications
Kimley-Horn and Associates, Inc.
Date: 4/25/01
Prepared by: JNG
Checked by: JMD
Soils present in the watershed, based on the Soil Survey
of Wake County. Soil Conservation Service, 1970
Symbol Name Description
ApC2 Appling sandy loam
ApB2 Appling sandy loam
CeB2 Cecil sandy loam
CeC2 Cecil sandy loam
CeD Cecil sandy loam
Cn Colfax sandy loam
Gu Gullied Land -
I LoB Louisburg loamy sand
Wy Worsham sandy loam
i
Soil Group B will be used in the analysis cont
i
I
ained herein.
Slope Group
6-10% eroded B
6-10% eroded B
6-10% eroded B
6-10% eroded . B
10-15% B .
- C
2-6% B
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I
VI &_ V-1 1.5 001
N1 A TF,9pG Michael F. Easley
Governor
y William G. Ross, Jr., Secretary
r Department of Environment and Natural- Resources
p -? Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
C,? /f
John R. Dorney
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
,""Y I ? 2002
KIMLEY HORN & AASSpGA7ES, IA?C,
CIVIL
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
? M Kimley-Horn
MFI and Associates, Inc.
February 26, 2004
Bob Zarzecki
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Plantation Point
¦
P.O. Box 33068
Raleigh, North Carolina
27636.3068
WETLANDS f 401 r,ir .our
MAR .t 2004
YYtiTf,: ("i J-.i 1 i" 3r .1 • ft)?,`
Dear Mr. Zarzecki,
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for-the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
96ZX5?
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
¦
TEL [phone]
FAX [phone]
? ? ? Kimley-Horn
and Associates, Inc.
February 26, 2004 •
P.O. Box 33068
Bob Zarzecki Raleigh, North Carolina
DWQ Wetlands Unit 27636.3068
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Plantation Point
Dear Mr. Zarzecki,
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
TEL [phone]
FAX [phone]
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
, -11 Owner/Applicant Information Aft, A`?Do ? ????" ??3?Qtat
Name: Mr. Brent King MAP t 7-004
Mailing Address: Bobby Murray Chevrolet
1820 Capital Blvd.
Raleigh, NC 27604 717, UTAL! ` .? .,
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking(a,bobbymurray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton.webster(a?,kimley-hom.com
Page 5 of 12
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake (03-
04-02), BNSW
8. 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.enT.state.nc.us/adniin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:_
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
Stream section that runs
See Current Site Fill through through
the pond bottom UT to Perry Creek varies Intermittent/
unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapq uest.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8of12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0.38 UT to Perry Creek Pond
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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.eiir.state.nc.us/iicwet]ands/stri-ngide.litm1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): 218,922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Major
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page 11 of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire protect impervious cover using an extended detention
Wetland similar to that previously approved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ) .
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
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).
l'P 9? ter 5
Applican Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

AGENT AUTHORIZATION FORM
Name: Oo 8,s / 171 ulZ,2 A!l 5,2
Address: 9 d. 9 a X 410 63
Phone: q /R - k-3 y - 6,,9Y/
Project Name/Description: px?., AV' W' ?e,', 7-
Date: , <. 6 a G oa y
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: ,Te4 Ail e-? %? if j, d e 144 •e
Field Office j e 4
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc, from this day forward until
successful completion of the permitting process or revocation.
Authorized this the A day of rw- zz p V 4-
6C5hb,y L, «.,
Company or C
61 Name Signature
36-f T
Oo- elCecw?Ir /
CC: Mr. John Dorney,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
-WRTER WHLITY
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21 '01 11:12 P. 12%04
May PLW 11143 Fars.:919-715-5637
Michael F. Easlay
0 ovsrnor
William G. Roes, Jr., Secretary
Department of Environment and Natural Resources
Karr T. Stevens
Dtvlsicn of Water Quality
May 18, 2001
DWQ # 00-1485
Wake, Count,
Page 1 of
I
Mr. Bobby Murray Morin Development Group
1820 Capital Blvd. Attn: ''W. Kon Morin, President.
Raleigh, NC 27604 115 South Albany Avenue
Tampa, Florida 33606
Cc: Kimsey-,-Torn and Associates, Inc.
Attn: Mr. Harlaa Britt
3001 Weston Parkway
Cary,.NC 27513
RE: Plantation PoL-it Development. US 1• (Capital Blvd.) at 1-540, Raleigh, Wake. County, NC
Perry Creek (Crre-;har"'t's lake) .(035A-02; 27-25-(I}; B 'NSWI
APPROVAL of 401 WAFER QUALI'T'Y CERTIFICATION axidl MAJOR 'V.-.k'.MN. CE APPROVAL per the NEUSE R1V*ER
RIPARIAN A ZA PROTECTION RULE [15A KCAL' =$ .0233(9)] w' ADDITIONAL CONDITIONS
Dear Sirs.
You have our approval, in accordaupe with the attached conditions and those listed below, to place feel material in 0.04 acres of
wtdands, 750 ..bxtear feet of stream and 91,726 squnte feet of riparian buffers for the pvapoie of constructing the proposed plantation
Point'Dt:vclopment as described within your•Major Variance Request .presented to the Water Quality Committer: (WQC) of the
Environmental Management Commission (EMC) on April 11, 2001 and the Pre-colwt.ntction Notification Application-(PCN) for the use
of Nationwide Permit 39 dated February 2, 2001. This letter shall act as your Ivtajor Variance approval as decided by the; WQC or, April
11. 2001 and described within 15A NCAC 2B .0233(9)(c). After reviewing your PL.N application, we have decided that this till is
covered by General Water Quality Certificati' ,n Number 3287• Tlus`Cczt1f1cation allows you to w5e Nationwide Permit Numbt:r 39 whim
the US Army Corps of E.uginetrs (USAGE) issues it. In-addition, you should get any other required federal, state or local permits before
you procccd xith your project including (but;not limited to) Sediment and :Erosion Control and Non-Discharge.
This approval is only valid for the pWWse and design that you described in your Major. Variance .Rcqui:st and PCN Application.
If you change your project, you trust notify us and you may be required to %Lnd us a new aPplicntion and request a new Major Variance
approval through the WQC. If the property is strld, the new owneranust be given a copy of this Certificatlon and approval and is thereby
responsible fur complying with all conditions. Lf total wetland fills for this project (now or in the futwe) exceed one acre, compensatory
tniticadon may be required as described in 11", NCAC 211 .050ti(h)(6) and (7). Fox this approval to be valid, you must follow the
conditions listed in the attached Certitication!and any.other conditions listed below.
1. A final, written stormwarer tnariagement plw sb&U be appruvcd in writing by this Office before the impacts sp,ecilied in this
Certification and Major Variance Approval occur. Tbe• stormwater m:unagcmcnt plan must include flans and specifications
for slormwater management facilities de! igried to remrve. 85.r• , TSS according to the most recent version.uf the NC DENR
Stormw•ater Best Management Practices Manual. The stormwater management plan must include the extended detention
wetland to rentove aiuogcn as required by the WQC. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitiy approved by the Division of Water Quality (DWQi. Also, before tuty pcrmnnGnt
ht,tlding is occupied at the subjgct sit-,, the facilities (as approved by this Office.) shall be constructed and operational, and
the stormwater• management plait (as approved by this Office) shall be implemented. The stntctitral stormwaater practices as
approved by this Office as well as drainage pattc ns must be maintained in pcrpttuity. No changes to the structural
stormwater practices xhall be mnde "irhquT wwrlttcn aUthoAZ.%Gon from thn Ai Yisiun of Water Quality.
2. You are required to mitigate for impauts to the protected riptu•ian buffers. Tho required area of mitigation to compensate for
impatas to the protected riparian bcdfcrs is '313,9'22 square feet as required tinder your Major V'ariancr Approval and 15A
Nona Garonne olvlslon OT mater QUalltV, 401 YVetlanas CeruflCauon unt,
1650 Mall Service Center, Raleigh, NC 276OS-1650 (Malting Address)
2321 Crabtrea Blvd., Raleigh, NG 2790,-2280 (Location) - ^^ ornrwenanrla/
WH T ER i?l 1HLIT'f PL1=V IhdIPd(; Fs:: t'?i9-? 15-`?w7 flay "1 101 11 :1111, P. C13/0",

Page 2 of 2
NCAC 2B .0242. We understand that you wish to make a parmcnt into the Ripavrian Buffer Restoration Fund adtninistt;red
by the NC Wetlands Restoration Program (3VRP) to meet this mitigation ruqubcrient- Thi has been determined by the
WQC to be a suitable method to meet the mitigation requirement. In accordance with IjA NCAC 2B .0242(7), this
contribution will satisfy our cocnpensztory mitigation rcquirements under 13A NCAC ZB .0233(9)(C). Until the WRP
receives and clears your check (made payable 0: DENR -Wetlands Restoration Program Office), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any quesdotL concornini. payment into the ?W. You hove one [Hunch from the date of this approval to make this
payment. For accr,ttridng pu0oses, this Certification and wlajor Variance Approval authorizes payment into the
Riparian Buffer Restoration lFund to compensate for 218,Pr2 ft? of required riparian buffer mitigation for impacts
to 91,726 ft? (and 750 linear Nett) of protected riparian Luffers; 03-04-02 river and subbasim"
3. You arc required to provide .nup7icnt off-sct puyrncnts into the NC Wetlands Restoration Program (WRP) as required under
the Neuse P.iver Basino;.ide St?rmwater l?cyuitcrnents (15A NCAC 2B .0235 and .0240). You must contact the subject
local government (City of Raleigh) and WRP to wort; out the details of providing uiis paytnent. The estimated payment
pr=cntcd to the WQC totaled : 98,445.60. If the calculated payment is less than this arnuuni you must notify this office and
you may be required to rcqucst a new Major Variance Approval from the WQC. Until the -W"RP receives and clears your
check (made payable to: DFNR - Wetlands Rcstorzt art PrognL n Office), no impacts specified in this Certification and
Major Variance A.ppn)vaJ can Qccur.
4. Any additional itupacts to the protected riparian buffers other than those sp•xifled within this Major Variance Approval
shall be limited to a single access road across the main stream bisecting the property and'any necessary utility crossings.
Any additional impacts to the protected 'riparian buffers must first receive written authori 3tion from this Office. No future
variance, from the riparisn.buffer protection rules will be allo xced on the remaining parcels within the PUG.
5. All future development on the ncmaining pat•cels must comply with Neuse Ttivcr Basinwida Storm water Requirements and
subject local government (City t)f Raleigh) associated ordinance.
If you do nut accept any of the con di of dhis certification and Major Variauce Approval, you may ask for and adjudicatory
hearing. You must act within 60 days of tb c rodatc that you receive this latter. To ask for a hearing, send a written petition which
conformz to Chapter 15013 of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 274.37, Raleigh,
N.C. 27611-7447. 'T'his Crrtificauon and Major Variance Approval and its conditions are final and binding uriless you ask for a hearing.
This letter completes the review of the Division of Water Quality under scctiou 401 of Lie Clean Watt:r Act and the Neuse River
Riparian B uffcr Protection Rules (15A NCAC 2B .0233). Ple2Lse call Bib ZarZtc1ci at 919-733-9726 if you have any questions or require
copies of our rules or procedural materials.
Sin rely,
l
. Stevens,
it ctor
Attachment: , General Certification Num lx:r 3287
Cc: Steve Mitchclt, DWQ Raleigh Rcgigqnal Office
Todd Tugwell, USAGE Raleigh Reglilatory Feld Office
Ron Ferrell. Wetlands Restoration Pyogr&m
.File COOy
Central File.,;
DWQ 001489
WATER Ul1ALIT`l PLRJNING Fax: 91`x-715-5x,37 play 2'1 '01 11:1P. 04:/04
W A Michael F. Easley
?0 y4, G,ova;nor
0 L Wiliam Q. Ross, Jr., s6crstary
Deparbnent of Environment and Natural Resources
T 1 Karr T. Stevens
Division of water Qualiry
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED (PACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 213 .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and within the Water Ouality Certification (WGC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activitles associated wfth these
authorized impacts must be conducted with the conditions listed in the attached certification transminal letter. THIS
CERTIFICATION 15 NOT VALID WfTHOUTTHE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWO Projact No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
SASI NISUBBASIN: 03-04-02
As required by 15A NCAC 2H .0505 and 25 .0233 and the conditions of WOC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, cmation, enhancement or preservation of
wetlands, surface viaters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
(Note: Acreage requirements proposed to ba mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).1,
0.0 acres of Class Vl L wetlands
OA acres of riparian,wetland
0.0 acres of non-riparian wetland
linear feet of stream channel
218,922 square feet of stream buffers
One of the options you hava:avaliable to satisfy the compensatory Initigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per'15A NCAC 2.R .0503 and to the Riparian Butter Restoration Fund per 15A
NCAC 2B .0242. It you choose this optidn, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
WC-TLAND° RESTORATICJN.1 pqr, .RAM.(WRr)
NC DIVISION OF WATER QUALITY
1419 Mail Service Center
Raleigh, NC 27599-1619
[phone]
Date
North Cnmline Division of Water Quality 401 'VVellan0s (.;arnhCatlOn Uni4
t050 Mail Service center, Raleign, NG Z7E99-`IL50 (Mailing Addrass)
2321 Crabtree tiwd,, Raleigh, NC 2750421250 (Lorztlon) -^
coPy
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd. Address P.O. Box 33068
Raleigh, NC 27604 Raleigh, NC 27636-3068
Telephone Number 919-834-6441 Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include' 0 1?? acres of stream channel and 0.38 11 acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE, YELLOW (FILE) COPY OF THIS"FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940
COPY
Wake
County:
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Bobby Murray Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 1820 Capital Blvd. Address 11010 Raven Ridge Road
Raleigh, NC 27604 Raleigh, NC 27614
Telephone Number 919-834-6441 Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
-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 a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
-There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number. (919) 876 - 8441 extension 30
Project Manager Signature ( x ?, L
Date August 30, 2001 Exp
n?Date August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

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Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
- PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
i( ClTI?7N3 The fo11"v ng Adentzfi;es your }nghts and opttons regarding an ad Istratiye appeal o£the abov
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL:- If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice. ,
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTIONJI,- REQUESTTORA.PPEAL or, OBJECTIONS TO AN'INITIAL PROFFERED PERMIT '" F `"
"
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
'POINT?flF'CONTACT??OR,QUESTIONS OR;INI'ORMATION: t '??'" ;?F?
If you have questions regarding this decision and/or the appeal if you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9MI5
Atlanta, Georgia 30303-3490
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PPP Project:
Stormwater Analysis ,
_ Plantation Point

Kimley-Horn and Associates, Inc, Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
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Soil Survey
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stormwatorr
Plantation Pc
Raleigh, Nor
scale:
1:15,840
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3001
Plantation Point Kimley-Horn and Associates, Inc.
Raleigh, North Carolina Date: 4125101
Soil Classifications Prepared by: JNG
Checked by: JMD
i
Soils present in the watershed, based on the Soil Survey

of Wake County.Soil Conservation
i
Service, 1970
Symbol Name Description Slope Group
ApC2 Appling sandy loam 6-10% eroded B
ApB2 Appling sandy loam 6-10% eroded B
CeB2 Cecil sandy loam 6-10% eroded B
CeC2 Cecil sandy loam 6-10% eroded .13
CeD Cecil sandy loam 10-15% Bt
Cn Colfax sandy loam - C
Gu Gullied Land - - -
i LoB Louisburg loamy sand 2-6% B
Wy Worsham sandy loam - D
Soil Group B will be used in the analysis contained herein.
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May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DW Q# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management Wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
John R. Dorney
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEI V ELF
""Y 2002
XKEY HORN & AASSoMTES, X.
CIVIL
VI 411I>QUI
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information 0,1FTI ANDS 1401 GROUP
Owner/Applicant Information LIAR 11004
Name: Mr. Brent King
Mailing Address: Bobby Murray Chevrolet
1820 Capital Blvd. 7M I ER QUALITY SECTION
Raleigh, NC 27604
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking a,bobb urray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton. webster(a,kimley-6m. com
Page 5 of 12
i
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02)• 27-254(1), BNSW
8. 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/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:_
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
section that runs
Stream through through Intermittent/
See Current Site Fill the pond bottom UT to Perry Creek varies unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.uses.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.map uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact rea of Name of Waterbody Type of Waterbody
Site Number Type of Impact* mpact
] (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0
.38
UT to Perry Creek
Pond
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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:Hb2o.eiir.state.nc.us/iicwet.i.ands/strmgide.litml.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the VW as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): 218,922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
" Zone 1 extends out 30 teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Major
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page 11 of 12
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 213 .0242 or .0260.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project impervious cover using an extended detention
Wetland similar to that previously approved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).

--' Applicant7Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
rIum. oicrn piny IV. nmian onu -I.. -I,- - Holt. a.va,wv - I ..V- I -
AGENT AUTHORIZATION FORM
Name: 0138 y 171 r?!L e A2V S.z.
Address: 9 U. S a x 4/D 6 3
Phone: 3 Y - 6,9Y
Project Name/Description:/Q.,
Date: , & 6aG Zva y
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: 4 A'A ? if e d e f4 •c
Field Office n /e ;I
?i
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc, from this day forward until
successful completion of the permitting process or revocation.
Authorized this the. A day of re , ZZ DPtL
s-? e,(- &3,1?bV L, ?'ltc??ial
Company or Corporation
I?;r? Cp exe?,4ve
Name - Signature
?d! jsy YAvi AJ WA
r4 3B-f ?
Co - exe -4,,r
CC: Mr. John Dorney,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
'DATER CURLIT'f
' 1p? . • GG
?> y
p ?
FL4.N11143 Fax, : 91ra- 7 11 D?JJ7 may 1 '01 11:12 F. G'%G4
J
Michael F. Easley
Govsrnor
Wiliam G. Ro6s, Jr., Secretary
Department of Err*onment and Natural Resources
Karr T. Stevens
Division of Water Qualh?-
May 18, 2C M
DWQ # 00-1485
Wake CouIlt?
Page 1 of
I
Mr. Bobby Murray Morin Peveloprnent Grnap
1820 Capital Blvd. Att.n:' •Ms. Ken Morin, President.
Raleigh, NC 27604 115 Souih Albany Avcnue
Tamps, Florida 3:3606
Cc: Kunley-14orn and Associates, ir+c.
Attn: Mr. Harlan Britt
3001 Wcwm Parkway
Cary,.NC 27513
RE: Plantation Po-1t Development. US 1. (Capital Blvd) at 1-540, Raleigh. Wake- County, NC
'Perry Creek (Gresha.?-I's Lake) :(03-64-02; 27-25-(1); B NSW]
A:I'.I'ROYAL of 401 WAFER QUALITY CERTIFICATION, "MI: MAJOR V:&RIANCE ?PROVAL per the NEUSC R1V'F.R
RIPARTAN AREA PROTECTION RULE j15A NCAC 2B .0233(9)) w' ADDITIONAL CONDITIONS
Dear Sirs,
? You have our approval, in accordauo with the attached conditions and those listed below, to pla4e fill material in 0.04 acres of
wetlands, 750 .liztear feet of stream and 9,1,7?6 square feet of riparian buffers for the p?upusc of constructing the proposed Plantation
Point De:velopmeat as described within your-,Major Variance Rtquest.presented to the Water Quality Committee (WQC) of the
Environmental Management Commission (FMC) on April I1•, 200r1 and the Pre-construction Notification Applic:ution ('PCN) for the use
of Nationwide Permit 39 dated February 2, 2001. This letter shall act as your Major Variance approval as decided by the WQC ort April
11. 2001 and described within 15A NCAC 2B .0233(9)(c). After reviewing your PC.N application, we have decided that this till is
covered by General Water Quality Certificati' ,n Number 3287. This'Ct-rtijcation allows you to use; Nationwide Permit Number 39 when
the US Amy Corps of E.nginetrs (USACEj is.ues it. In addition, you should gat any other required federal, state or local permits before
you proceed with your project including (but Mot limited to) Sediment and Erosion Control and Non-Discharge.
This approval is only valid for the p uWse and design that you described in your Major Variance .Rcquest and PCN Application.
If vnu charge your project, you gust notify as and you may be required to send us a new applicntion and request a new Niajor Variance
approval through the WQC. If the property i.%soid, the new owner,tnust be given a copy of this Certification nod approval and is thereby
responsible for complying with all conditions. Lf total wetland fills for this project (now or in the future) exceed one acre, compensatory
tniticatjon may be requited as described in I JA NCAC 211 .0506(h)(6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached Certification iand any.other conditions listed below.
1. A :final, written stormwater mariagcment pl=an shall be approved in writing by this Office before the impacts specified in this
Certification and Major Variangl: Approval occur. The. stormwater management plan must include plants and specifications
for slormwater management facilities de-4,igried to remt;ve 85% TSS according to the most recent vers.ion.of the NC DENR
Storm-water Best Management .Practices Manual The stormwatc rtianagcmcnt plant must include the extended detention
wetland to remove niu-ogco as rI?quired by the WQC. These facilities must be designed to trettt the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality (D'WQ). Also, before tiny perm:inc.nt
huilding is occupied at the subjgct site, the facilities (as approved by this Office) ;:hall be constructed and operational, and
the siormwatet• management p)aft (as approved by this 0-Mac) shall be irnplel-Dented. The structt r-al stormwater practices as
approved by this Office as well as drainage patterns mush be maintained in perpetuity. No changes to the structural
htormwater practiccc i;hatl be mnde %,ihhnttr w•ritton authoriwttion rrurn the Division t+f Wester Qwztity-
2. You are required to mitigate for impact. Lt.) the protected riptu•ian buffers. The required area of mitigation to compensate for
impacts to the protected .riparian buffers is 213,922 iquare feet as recurred tinder your Major Vt:rianec Approval and 15A
Ivonn Gamllna DIVIslon of wafer QUallty, 401 YVettanC5 t-,ertitlcatlon unit,
1650 Mall Service Censer, Naleigh, NC 27695-1650 (Malting Aodros6)
2321 Cratnrea Blvd., Raleigh, NC 27504.22130 (Location)
WHTEF iii1HLITY May 21 101 11:1' P. C13104
Page 2 of 2
NCAC 2B .0242. We understand that you wish to make a paymcnt into the Riparian Buffer Restoration Fund administered
by the NC Wetlands Restoration Program (WW) to meet this mitigation ruquircr?ent This has been determined by the
Wes' to be a suitable method to tweet the mitigation requirement. In accordance with 13A NCAC 213 .0242('7), this
contribution will satisfy our compensztory mitigation requirements under 15A NCAC '?B .0233(9)0. Until the WRY
receives and clears your check. (made payable to: DLNR - Wetlands Restoration Program Office), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any questions concernir4 payment into the WRP. You huve, one month from the date of this approval to make this
payment. For acer.undng purposes, this Certification :md Majur Variance Approval authorises payment into the
Riparian Buffer Restoration !Fund to compensate for 218,Pr2 ft2 or required riparian buffer mirigation for impacts
to 91,726 ft2 (and 750 iinear ;;let) of protected riparian buffers; 03-04-02 river and subbasim"
You are required to provide T,uP7ienc ofr-sct payments into the NC Wetlands Restoration Prog-rara (WRP) as required under
die hre"e River Basinv-idc Storrawater Requirements (13A NCAC 2B .9235 and .0240). You must contact the subject
local government (City of Raleigh) and WRP to wor'K out the details of providing L'r:s payment. The estimated payment
prc=cntcd to the WQC totaled X98,445.60. If the calculated payment is less than this atruunt you must notify this office and
you may be required to request a new Major Variance Approval from the WQC. Until chi! WW receives and clears your
check (made payable to: DFNR - Wetlands Rcstmation Program Office), no impacts specified in this Certification, and
Major Variance Appnoval can occur.
4. Any uddirinnal impacts to the protected riparian buffers othar than these sp•xified within this Major Variance Approval
shall be limited to a single access road across the main stream bisecting the propemy and-any necessary utility crossings.
Any additional impacts to the )fir otcctrd 'riparian buffers must first receive written authorization from this Office. No future
varrarccu from the riparian buffer protection rules will be allowed on the rcrnaining parcels within the PUG.
5. All future development on the remaining parcels must comply with Neuse River Basinwide Stormwater Recluirements and
subject local government (City of Raleigh) associated ordinance.
If you do not accept any of the: con itions of this certification and Major Variance Approval, you may ask for and adjudicatory
hearing. You must act within 60 days of tb cdatc that you receive this letter. To irk fur a hearing, send a written petition which
conformer' to Chapter 15013 of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh,
N,C. 27611-74-47. 'T'his Certification and )Major Variance Approval and its conditions are final an4l binding unless you ask for a hearing.
Ttris leter completes the rc?,iew of the Division of Water Quality uadcr section 401 of die Cleun Water Act and tte Neuse River
Riparian B uffer Protection Rules (15A NCAC 2B .0333). Please call Bob Zaraecki at 919-733-9726 if you have any questions or require
copies of our rules or prccedtual materials.
Sin rely,
Stevens,
it ctor
Attachment: , General Certification Number 3287
Cc; Steve lfitchcll, DWQ Raleigh Rcgigiqnal Office
Todd Tugwell, USACF Raleigh Reg IWatory Feld Office
Ron Ferrell. Wetlands Restoration Pyogrartt
,File Copy
Central Filrs
DWQ 001489
WATtr UJALITY PLA4111,Ii; Fax:91`D-715-5637
OF wx IFy
P
p 'C
May 21 '01 11F. 04/04
Michael F. Easley
Governor
William G. Ross, Jr.. Secretary
.Department of Environment and Natural Resourcas
Kerr T. Stevens
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CER71 FICATION
SUMMARY OF P'RMITTED (PACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and Within the Water Quality Certification (WOC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WfTHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Pro)act No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUBBASIN: 03-04-02
As required by 15A NCAC 2H .0506 and 2B .0232 and the conditions of WOC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands, surface v+aters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
(Note: Acreage requirements proposed to ba mitigated through the WRP must be rounded up to one-quarter acre
increments according to 1 SA NCAC 2R .0503(b).1,
0.0 acres of Class Vt L wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparian wetland
0 linear feet of stream channel
218,922 square feet of stream buffers
One of the options you hava:avaliable to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Funo per *I 5A NCAC 2.R.0503 and to the Riparian Butter Restoration Fund per 15A
NCAC 213.0242. It you choose this optidn, please sign this form and mail it to the WRP at the address [!sled below. An
invoice for the appropriate amount of pa?rnont will be sent to you upon receipt of this form. PLEASE NOTE. THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE W RP.
Signature
Date
WETLANDS RESTORATIC-iH PP(-4k-,RAM (WRrNC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
North Camlina Divisi(rn of Water Quality, 401 1Netlar)oS Geruhcation Uni4
1650 Mail servrce center, Raleign, NG 27699-1r550 (MailingAddrass)
2321 Crabtree Nva., Raleigh, NC 27504-22280 (1,omatlon) -^ ^`
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940
County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd. Address P.O. Box 33068
Raleigh, NC 27604 Raleigh, NC 27636-3068
Telephone Number 919-834-6441 Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include 0 19? acres of stream channel and 0.3 8 )acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE" YELLOW (FILE) COPY OF THIS "FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Bobby Murray
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
X
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
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 a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at tel"one number (919) 876 - 8441 extension 30
Project Manager Signature
Date August 30, 2001 Expir . n Date August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
- PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
4S, E JN Ta, The Poll wingry,clennyes your rithts and options ;regarding a administrative appeal ofthe above
s
'sib t?ddihonal?ziformation me be found at http,/lusace:arn?y miihnetlfunct?onsl6 w/cecwolre or

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a pen-nit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice. ,
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
;SIQION II„`.REQLJEST:FQRAPPEAL°or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
I?OIN1}tJ S CONTACT OR QUESTIONS-OR1NFORM.ATION; w T
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Title: USGS Quad Map (Raleigh East and Wake Forest, NC, 1987)

= " Project:
. Stormwater Analysis
- Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
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Title: USDA Soil S
Kimley-Horn and Associates, Inc,
y Map (Wake County, 1970)
Project:
Stormwatcr Analysis
Plantation Point
Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1:15,840 012013001
Plantation Point Kimley-Horn and Associates, Inc.
Raleigh, North Carolina Date: 4/25101
Soil Classifications Prepared by: JNG
Checked by: JMD

Soils present in the watershed, based on the Soil Survey
of Wake County.Soil Conservation Service, 1970
Symbol Name Description Slope Group
ApC2 Appling sandy loam 6-10% eroded B
ApB2 Appling sandy loam 6-10% eroded B
CeB2 Cecil sandy loam 6-10% eroded B
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CeD Cecil sandy loam 10-15% B
Cn Colfax sandy loam - C
Gu Gullied Land - - -
I LoB Louisburg. loamy sand 2-6% B
Wy Worsham sandy loam - D
Soil Group B will be used in the analysis cont
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May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
John R. Dorney
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
"hY I ?) 2002
KIMLEY HORN CM?OCIA7ES, IWC.
L-11 &-v 1 >0u%
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Kimley-Horn
and Associates, Inc.
February 26, 2004
?, r ) P.O. Box 33068
Bob Zarzeckl Raleigh, North Carolina
27636.3068
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250Tl.iIC-1' ?I.'r'?l'?
Raleigh, NC 27604
MAR G 2004
Re: Plantation Point
Dear Mr. Zarzecki MA-IT-J, C1.lni_iTY SECTiC?v
,
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
¦
TEL [phone]
FAX [phone]
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit N Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information A ,,'' 41:11 .aP'C?='1Jny
Name: Mr. Brent King
Mailing Address: Bobby Murray Chevrolet MAP
1820 Capital Blvd. H04
Raleigh, NC 27604
e:3 t... ?.rFl?ik
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking(a bobbymurray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton.webster@,kimley-horn.com
Page 5 of 12
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02)• 27-25-(1)• BNSW
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/adniin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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 httn://www.feina.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:_
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
section that runs
Stream through through Intermittent/
See Current Site Fill the pond bottom UT to Perry Creek varies unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.usss.cov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
* Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0.38 UT to Perry Creek Pond
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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://b2o.ejir.state.nc.us/ncwet]ands/stri-ngide.litm1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.litm. 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): N/A
Amount of buffer mitigation requested (square feet): 218,922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Major
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page I I of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project impervious cover using an extended detention
Wetland similar to that previously pproved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).
m? - 2 2 7
-1 -Applicanl7Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
rrvrn. orcin nary iv. nanan oral var.. ucrrcw-r raa.. a.va.uv rvn
AGENT AUTHORIZATION FORM
Name: Oo pB j1) ulL,2 A?? _ 5,.7-
Address: 9 U. 9 D X 4/0& 3
Phone: -3 I/ - &VY /
Project Name/Description: ??/Q., J`-'w -, ?e,'.?r 7-
Date: • & 6 ?4 ,Zva y
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Stn n:?e %?N•-C.Je 7q
Field Office jZ w /e
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc. from this day forward until
successful completion of the permitting process or revocation.
Authorized this the 4 day of re p z? ay4-
+? &nk) 6..V L, incr.,-
Company or C
_ - i'"n ?o eFe?w?or
Name Signature
73Rd -1, ? V = pv i #l 0- W&,4 13 -f ? ,?y : _ WGtJId
Co - e)cec -iIr / !!
CC: Mr. John Dorney,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
-N.? -
rr ra_, c_?F.-,7 may %1 ?O1 11:1: P. 0'2%04
WRTER wHLITf PLRIN1143 Fa:.:.1_ ?? J1`
at r.„rCR Michael F. Easlay
??. GG f3ovsrnor
Wi&rn G. Ross, Jr., Secretary
Department of Erwironment and Natural Resources
-H
Karr T. Stevens
DNisicn of Water Gualh-
May 18, 2(X)l
DWQ it 00-1485
Wake Count)
Page 1 of
Mr. Bobby Murray Morin teveloprnenr Group
1820 Capital Blvd. Attn:' -Mc. Ken Morin, President.
Raleigh, NC 27604 115 South Albany Avenue
Tampa, Florida 33606
Cc: Kdrtley-14om and Associams, LT <C.
Attn: Mr. Harlan Britt
3001 Weston Parkway
Cary, NC 27513
RE: Plantation Point Development, US1 (Capital Blvd.) at 1-540. Raleigh. Wake County, NC
'Pt:rry Creek (Greshiu 's Lake) .(03-b4-02; 27-25-(l }; 9 -NSW]
APPROVAL of 401 WATER QUALITY CERTIFICATION ai%&MAJOR V:A.R ANCE APPROVAL per the NEUSE RIVER
RIPARi9,N ARIA PROTECTION RULE E15A NCAC 29 .0233(9)) WADDITIONAL CONDITIONS
Dear Sirs.
You have our approval, in accordau?e with the attached condiboas and those listed below, to place fill material in 0.04 acres of
wetlands, 750 linear feet of stream and 9,1,7?6 square feet of ripari•an'buffers for the purpose of constructing the propcsed Plantation
Point Development as described within your•{Major Variance Rtquestpresented to the Water Quality Ccymmittee (WQC) of the
Environmental Management Commission (FMC) on April 11•, 2001 and the Pre-connruction Notification Application- ('PCN) for the use
of Nationwide Permit 39 doted February 2, 2001. Tbis letter shall act as your Major Variance approval as decidcl by the WQC on April
11, 2001 and described within 15A NCAC 2B .0233(9)(c). After reviewing your PCN application, we have decided that this till is
covered by General Water Quality Certificatit,a Number 3287. This'Certification allows you to use Nationwide Permit Number 39 when
the US Amy Corps of E.tiginetrs (USAGE) issues it. fn addition, you should gat any other regwrcd federal, state or local permits before
you proceed with your project including 'i.but;not limited to) Sediment and Erosion Control and Non-Discharge. Application.
This approval is only valid for the purpose and design that you described in your Major Variance Rr qui:st and PC.N App
If you chttt:be your project, you must notify us and you may be requiMd. LO send us a new application acid request a new Major Variance
approval through the WQC_ If the property is Sold, the new owner must be given a copy of this Certification nod approval and is thereby
rmponsible for complying with all coaididori. Lf total wetland fills for this project (now or in the future) exceed one acre, compensatory
ruitigation may be required as described in 11A NCAC 211 .0506(h)(6) and (7). Fox this approval to be valid, you must follow the
condidons listed in the attached Certification;and any.other conditions liswd'aelow,
1. A final, written sturrawater management piin shall be approved in writing by this Office bofarr- the impacts aTecitied in this
Certification and Major Variancc Approval occur. The. stormwattr memagcmcnt plan must include plans and specifications
for Stormwatrr tnanagernent facilities designed to remove 85,% TSS according to the most recent version of the NC DENR
Sttir,mwater Best Managcrnerit Pr=actices Manual. The stortnwater management plan must include the extended detention
wetland to remove aiu'ogen as required by the WQC. These facilities must be designed to tretit the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality (DWQ?i. Also, before any permanent
b.Uilding is occupied at the subjgct site, the facilities (as approved by this Ofhcc) shall be constructed and operational, and
tLie Storrnwatef management plait (as approved by this Office) shall be irnplemeated. The swuctural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in par'petuity. No changrss to the structural
stormwater practice., khan be made Nit-hoot writ ton authorixrtion from the Ai vioun ,?f Water Quality.
2. You arc required to mitigait for impaicty it> the protected riptirian buffers. The required Brea of mitigation to compensate for
impacts to the protecu d .riparian buffers is 1 U,922 .square feet as required tinder your Major Variance Approval and 15A
Norm Carolina Dlvlslon of wafer QUaUty, 401 Wetlands CertiilcatlDn Una.
1654 Mall Servica Center, Raleigh, NC 27605-1650 (Mailing ACVdraSS)
2321 Crabtree Blvd., Raleigh, NC 27h041 •22do (Locadon)
WATER QUALITY FL4-11'-iJH, Fa:Y:t'?19-715-5637 May 21 101 11:1" F.ta:,/04
Page 2 of 2
NCAC 2B .0242. We understand that you wish to make a payment. into the Riparian Buffer Restoration Fund administered
by the NC Wetlands Restoration Progum (W") to meet this mitigation re9uberzienL This has been determined by the
WQC to be a suitable method to rued the mitigaton requirement. In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our curnpcnsztory mitigation requirements under I3A NCAC 2B .0233(9)(C). Until the WRY
receives and clears your check, (made payable ter: DENR - Wetlands Restoration Program Office), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any questions concerniri, payment into the WRP. You have one month from the date of this approval W make this
payment. For accounting purposes, this Certification and Major Variance Approval authorizes payment into the
Riparian Buffer Restoration !Fund to compensate for 218,922 fta or required riparian buffer mitigation for impacts
to 91.7216 ftr (and 75)J ilaear Acct) of protected riparian b-ufrers; 03-04-02 river and subbatsin."
You are required to provide .nurxient off-sct puyrrcnts into the NC Wetlands Restoration Program (WRP) as required under
the Isfet:. a P.iver Basinv.ide St?rrawater F.cyuitcntents (15A NCAC 2B .0235 and .0240). You must contact the subject
local government (City of Raleigh) and WRY to work out the derails of providing this payment. The estimated payment
pr=cntcd to the WQC tctaled X98,445.60. If the calculated payment is less than this arnuunt you must notify this office and
you may be required to rtqucct a new Major Variance Approval from the WQC. Until the vJRP receives and clears your
check (made payable to: DENR - Wetlands RLSU)ratierl Progrmn Office), no impacts specified in this Ccrtifieatior, and
Major Variance Appmval can eccur.
4. Any addirional impacts to the protected riparian buffers ocher than those sp•xifled within this Major Variance Approval
shall be limited to a single access road across the main stream bisecting the propemy and-any necessary utility crossings.
Any additional impacts to the )protected 'riparian buffers must first receive wriaen autf:or Cation from this Office. No future
variarecu from the riparian buffer protection rules will be allowed on the remaining parcels within the PU:D.
5. All future developrneni on the remaining parcels must comply with Neuse luvCr BtLiinwida Storm water Requirements and
subject local government (City of Raleigh) associated ordinance.
If you do not accept any of the con faun of this certification and Major Vadauce Approval, you may ask for and adjudicatory
hearing. You must act within 60 days of thc',datc that you receive this letter. To ask fur a hearing, send a written petition which
conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh,
N.C. 27011-74-37. This Cartificauon and Major Variance Approval and its conditions are final ant: binding unless you ask for a hearing.
Tuts lener completes the review of the Division of Water Quality uadcr section 401 of die Clean Watt:r Act and tte Neuse River
Riparian B uffer Protection Rules (15A NCAC 2B .0_33). Pla&. z call Bob Zarzecki at 919-733-9726 if you have any questions or require
copies of our rules or procedtuaJ materials.
Sin rely,
l l
Stevens,
it ctor
Attachment: , General Certification Number 3287
Cc: Steve ;4fitchcll, DWQ Raleigh R•cgi 'nat Office
Todd Tugwell, USACE Raleigh Reg?atory Feld Office
Ron Ferrell, Wetlands Restoration Pyograxn
,File Copy
Cbntnli File
DWQ 001489
WATT C)ALITI PL441ING Fax :91`x-?15-Sh?37
OF wxf* h
P
D ?
hlay 21 'u1 11:1? F. 04/04
Mlchael F. Easley
Gove T or
William G. Roes, Jr., $8cretary
.Department of Environment and Naturai Resources
Karr T. Stevens
Division of water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PtRMITTED IPACTS AND MITIGATION REQUIREMENTS
In accordance with 1SA NCAC 2H .0500 and 2B .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and Within the Water Quality Certification (WOC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activitles associated whn these
authorized impacts must be conducted with the conditions listed in the attached certificatlon transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Projact No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BAS I N/S USBAS 1 N: 03-04-02
As required by 15A NCAC 2H .0506 and 2B .0233 and the conditions of WQC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands, surface waters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
(Note: Acreage requirements proposed to be mitigated through the WRP must be, rounded up to one-quarter acre
increments according to 1 SA NCAC 21`1 .0503(b).1,
0.0 acres of Class V?L wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparian wetland
0 linear feet of stream channel
218,922 square feet of stream buffers
One of the options you havo:avallable to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per '1 SA NCAC 2.R .0503 and to the Riparian Butter Restoration Fund per I SA
NCAC 2B.0242. If you choose this optidn, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of pad-ment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE W RP.
Signature
Date
WETLANDS RESTORATION PFa(-i.+RAt„1 (WRrNC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699.1619
[phone]
North Csmline Division of Water Quality, 401 Wetlands Geruncation U1114
165o Mail Service Center, Raleign, NC 27699-1L50 (Mailing Addrass)
2321 Crabtree Nva., Raleigh, -NC 275o4-P25o (Location) -
_ -?- _. _. _ - ..Ie n c/nrWG}Ian(taI
UUPS'
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner Bobby Murray
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Authorized
Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address P.O. Box 33068
Raleigh, NC 27636-3068
Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include acres of stream channel and 0.38 )acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization:
39
Regional General Permit Number
Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE. YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Bobby Murray Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 1820 Capital Blvd. Address 11010 Raven Ridge Road
Raleigh, NC 27604 Raleigh, NC 27614
Telephone Number 919-834-6441 Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
-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 will
make a final jurisdictional determination on your property.
-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 a more timely
delineation of the wetlands. -Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
-There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on
have any questions regarding tl
Amanda D. Jones at
the property restricted entirely to existing high ground. If you
e Corps of Engineers regulatory program, please contact
hone number, (919) 876 - 8441 extension 30
Project Manager Signature
Date August 30, 2001
August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
'
PR .,v?Ay
' 1 ;
? M
Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
E' 'IQN I+? 'The fallbv7ng? dentifies yourrtghts and'options `regarding an administrative appeal o£.
fo,un the aboj e `
:mll/met/functic?ns%cw/cee« ©Ire ort
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SEO O .TI - REQUEST,fOR'APPEAL, or OBJECTIONS TO AN INITIAL PROFFERED PERMIT '<'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINN1 79 ONTACTQR>OUESTrONS ORINFORMATION: =.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Title: USGS Quad Map (Raleigh East and Wake Forest, NC, 1987)
Project:
Stormwater Analysis •
- Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
Title:
USDA Soil Survey Map (Wake County, 1970)
Project:
- Stormwater Analysis
CC" Plantation Point
Kimley-Horn and Associates, inc. Raleigh, North Carolina
Date: Scale: Project No.
1:15,810 012013001
Appendix:
Plantation Point
Raleigh, North Carolina
Soil Classifications
Kimley-Horn and Associates, Inc.
Date: 4/25/01
Prepared by: JNG
Checked by: JMD
Soils present in the watershed, based on the Soil Survey
of Wake County. Soil Conservation Service, 1970
Symbol Name Description
ApC2 Appling sandy loam
ApB2 Appling sandy loam
CeB2 Cecil sandy loam
CeC2 Cecil sandy loam
j CeD Cecil sandy loam
Cn Colfax sandy loam
Gu Gullied Land -
I LoB Louisburg. loamy sand
Wy Worsham sandy loam
Soil Group B will be used in the analysis contained herein.
r
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O?0? W A TF, Michael F. Easley
Governor
7 William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Q Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
?t John R. Dorney
a Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
"'Y 5 2002
KIKEY HORN CMAS30MATES, INC.
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
? ? ? Kimley-Horn
and Associates, Inc.
0403
February 26, 2004
Bob Zarzecki
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Plantation Point
Dear Mr. Zarzecki,
WETLANDS / A01 GR : UP
MAR a 2004
WATER 0IJA,LPY SCCTON
P.O. Box 33068
Raleigh, North Carolina
27636.3068
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
¦
TEL [phone]
FAX [phone]
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information WE TI ANDS / 401 G'[;() L?P
1. Owner/Applicant Information
Name: Mr. Brent King MAR 1 2004
Mailing Address: Bobby Murray Chevrolet
1820 Capital Blvd. P Qi)A(_!J Y SE rJ'iCjW
Raleigh, NC 27604
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking((a)bobbymurray.om
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton, webster(a?kimley-hom.com
Page 5 of 12
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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02),27-25-G), BNSW
8. 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.en.r.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing, stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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 httn://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:-
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type *
Impact*
Length r Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
Stream section that runs
See Current Site Fill through through
the pond bottom UT to Perry Creek varies Intermittent/
unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.usas.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozonC.coin,
www.mauquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma (acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0
.38
UT to Perry Creek
Pond
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously approved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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.eiir.state.nc.us/iicwet]ands/strmgide.litm1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland, stream or water mitigation is proposed. However, 218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the EMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. 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): N/A
Amount of buffer mitigation requested (square feet): 218.922
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Major
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page I 1 of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project impervious cover using an extended detention
Wetland similar to that previously approved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).
d /? Y-??? l ?"t?a/-{?9?ASSad?cS? 2127
J Applicant7Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
r rvnr. of crn Holy rv. nanan of n, .+o.c. ??rr?.?..? root. a.vo.w rvn ...yam ? ?r
AGENT AUTHORIZATION FORM
Name: -,3o a B/ Pl u e 2 AgV S.Z
Address: 9 U• 9 D X 4/0 6 3
Phone: q l4 - Y-3 y- 6-V Y/
Project Name/Description: Jr7/Q., A
Date: ,20c)
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: ?e n a %?e Z K -d c f e
Field Office jZw le ?i
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc. from this day forward until
successful completion of the permitting process or revocation.
Authorized this the A day of rw-L.r:ai, a DP4- .
Company or C
Name (J Signature
CD-eKe Ir "
CC: Mr. John Dorney,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
WATER WRLIT'{
ay ,,,.,.,
FLA0411143 Fax:91'a-7 1J-JF'-e.7 May %1 101 11:12 F. G'`)%04
Mlchaal F. Easlay
G ovsrnor
Wiliam G, Roes, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
DNlsicn of water Dual h
May 18, 2031
DWQ ft 00-1485
Wake Count)
Page 1 of _•
I
Mr, Bobby N1 n-ray Morin PCvelopmenr Group
1820 Capital Blvd. Atin:'•M&. Ken Morin, President.
Raleigh, NC 27604 115 South Albany Avenue
Tampa, Florida 3:3606
Cc: Kirnley-ldom and Associates, Ir-
t
Attn: Mr. Harlan Britt
3001 Weston Parkway !
Cary,. NC 27513
RE: Plantation PoLzt Development, US L (Capital Blvd-) at 1-540, Raleigh. Wake. County, NC
'Perry Creek (Grt-shanm's Lake) :[03-34-02; 27-25-(1)j E NSW]
As2 PROVAL of 401 WATER QUALITY CERTIFICATION aihbd:MAJOR VARIANCE APPROVAL per the NEUSE RIVER
RIPARIAN AREA PROTECTION RULE [15.A NCAC 211 .0233(9)] w' ADDITIONAL CONDITIONS
Dear Sirs.
You have our approval, in accordano with the attached conditions and those lis.wd below, to place fill'matais] in 0.04 acres of
wetlands, 750 linear feet of stream and 91,7?6 square feet of riparian buffers for the p`lupoie of constructing the proposed Plantation
Point'Lh:velopment as described within your4m-jor Vamnee Rtquest.presented to the Water Quality Convnittee (WQC) of the
Environmental Management Commission (FMC) on April 11, 2001 and the Pre-construction Notifictrtion Application- ('PCN) for the use
of Nationwide Permit :39 dated February 2, 2001. This letter shall act as yalir Major Variance approval as decided by the WQC or, April
11, 2001 and described within 15.X NCAC 3B .0233(9)(c). After reviewing your PCN application, we have decided that this till is
covered by General Water Quality Certification Number :3287. his_'Ccr ifiicatioa allows you to use Nationwide Permit Number 39 when
the US Army Corps of Engineers (USACE) issues it. In addition, yoti should get any orher required federal, state or local permits befort:
you proceed with your projtcl including (but,not limited to) Sediment and Erosion t:ontrol and Non-Discharge.
This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN Application.
If you chnt:ge your project, you must notify us and you may be required le stand us a new aPplicntion and request a new Nlajor VatlanCe
approval through thc. WQC. If the property is sold, the new owner must be given a copy of this Certification and approval and is thereby
responsible for complying with all conditions. Lf total wetland falls for this project (now or in the future) exceed one aci-e, compensAtory
rnit.igatlon may be required as described in 1;A NCAC 211 .0506(h)(6) and (-7). Fox this approval to be valid, you must follow the
conditions listed in the attached Certificationjand any other conditions listed below,
1. A final, written stormwirer management plan shall be approved in writing by this Office beforr: the impacts specified in this
Certification and Major Variance Approval occur. The. stormw,attr management plan must include plans and specifications
for slormwater management facilities dcsigried to remove 85,%, TSS according to the most recent version.of the NC DENR
Storrnwater Best Management.Practices Manual. The stormwater lnanagetIIel]t plant must includr; the cxtendcd detention
wetland to remove aiu-ogen as required by the WQC, These facilities must be designed to treat the runoff from the entire
project, unless other:vise explioItly approved by the Division of Water Quality (DWQ. Also, before n.ny permanent
bN-ilding is occupied at the subjgct situ, the facilities (as approved by this Office) shall be constructed and operational, and
tie stormwatcr management plant (as approved by this Office) shall be implemented. The structural stormwster practices as
approvtd by this Office as well as drainage: patterns must be maintained in perpetuity. No changr c to the structural
stnrmwatcr practices shall be Made %%iehnot writton nuthorization from thr Lei visiun t?f }T?ptnr Quality.
2. You arc required to mitigate for impala. tU the protected riparian buffers. Tho required area of mitigation to compensate for
impuLts to the protected.ripariaa buffos is '313,9'22 square feet as required tinder your Major Variance Approval and 15A
Nonn carotin otvlslon of water Quallty, 401 vvetlanos Certiflcalion unit.
1650 Mall Service Center, Raleigh, NC 27609-1650 (Mailing Address)
2321 Cratnre?a Blvd., Raleigh, NG 275041-22130 (Locadorn) _ .., ^^ - ^^` onnnnsr
WRTER QUHLITY PLf,11,dJ (3 Fax:'aJ 9-7.15-5637 May 21 '01 11:13 P. CC3/04
Page 2of2
1 NCAC 213 .02421. We understand that you wish to make a payment into the R.iatttian Buffer Restoration Fund administered
by the NC Wetlands Restoration Program (NRP) to meet this mitigation rugubemenL This has been determined by the
WQC to be a suitable method to rued the mitigation requirement. In accordance with 13A NCAC 2B .0242(7), this
contribution will satisfy our cunpcnsatory mitigation requirements under I5A NCAC ZB .0233(9)(C?. Until the WRP
receives and clears your check (made payable ?n: DENR -Wetlands Restoration Program Officc), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any quesuor* eonccrnir J. payment into the WRP. You hove one month from the date of this tipproval to make this
payment. For accr,unting puOoses, this Certification turd Major Variance Approval authorizes payment into the
Riparian Buffer Restoratlon!Fand to compensate for 218,922 ft?i of required riparian buffer mitigation for impacts
to 91,726 ftr (and 750 linear ;acct) of protected riparian butters; 03-04-02 river and subbasin."
You are required to provide. rnuftricnt off-ict payments into the NC Wetlands Restoration Program (WW) ms required under
die Tfeuse River Basinc.ide Stomawater Rcquitcments (15A NCAC 2B .17235 and .0240). You must contact the subject
local govemnem (City of Ralcigch) and WRP to work out the details of providing this payment. The estimated payment
nr=cntcd to the WQC tcraled 08,445.60. If the calculated payment is less than this a.rnuunt you must notify this office and
you may be required to rcqucst a new Major Variance Approval from the WQC. Until the WR..F receives and clears your
check (made payable to: DENR - Wetlands Rcstoratiert Progrtun Office), on impacts specified in this Ccrtifieatior, and
Major Variance Appn)val can occur.
4. Any additional impacts to the protcctcd riparian buffers other than those sp-xitied within this :Major Variance Approval
shrill be limited to a single access road across the main stream bisccdng the property and-any necessary utility crossings.
Any additional impacts to the ?rotectcd'riparian buffers must first receive written authorization from this Office. No future
variarecs from the riparian buffer protection rules will be allot ed on the remaining parcels within the PUD.
5. All future developmeni on the remaining parcels must comply with Neusc River Basinwide Stormwater Requirements and
subject local government ;City Of Raleigh) associated ordinance.
If you do nix aetx-pt any of the: con ttions of this certification and Major Variaucc Approval, you may ask for and adjudicatory
hearing. You must act within 60 days of t5c date that you receive this letter. To risk for a hearing, send a written petition which
eonfor roz to Chapter 150B of the Nr:rth Carolina General Statutes to the Office of Adronistrative Hearings, PO Box 27447, Raleigh,
KC. 27611.74-47. This Centiriearion and N14or V&riancc Approval and its conditions are final anil binding unless you ask for a hearing.
This leter completes the resZcw of the Division of Water Quality under section 401 of Lire Clean Water Act and d:e NcuSe River
Riparian B uffer PTotection Rules (1.,A NCAC 2B .0233). PitnLie call Bob Zarzcckj at 919-733-9726 if you have any questions or require
topics of our rules or procedural materials.
Sin rely,
l
. Stevens,
it clot
Attachment:. General Certification Number 3287
Cc: Steve lfitchcll, DWQ Raleigh R•.Cgi 9'nal Office
Todd Tugwell, US ACE Raleigh Reg IWatory Field Office
Ron Ferrell. Wetlands Restorauon Pyograrn
.File: Copy
Central Fit ..%
DWQ 001489
WHTE? uI_HLIT'`l F'LlII'JI'lil•Jc Fax 1` -r15- `hJ•J? hiay 21 '01 11:1:; P.04 04
f W x ?. Michael F. Easley
?0 yQ? Governor
L William Q. Roes, Jr., S4cretary
r? P .Department of Environment and Natural Resources
Kerr T. Stevens
>] Division of water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IPACTS AND MITIGATION REQUIREMENTS
In accordance with 1SA NCAC 2H .0500 and 2B .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and Within the Water Quality Certification (WQC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activities associated with these
aulho.ized impacts must be conducted with the conditions listed in the attached certification transmlrtal letter. THIS
CERTIFICATION IS NOT VALID WfTHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Pro}act No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUBBAS IN: 03-04-02
As required by 15A NCAC 2H .0505 and 28 A233 and the conditions of WQC No. 3287 w/ additional conditions,
you are required to compensate for the above impacts through the restoration, craation, enhancement or preservation of
wetlands, surface v4aters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
(Note: Acreage requirements proposed to ba mitigated through the WRP must be rounded up to one-quarter acre
increments according to 15A NCAC 2R .0503(b).1,
0.0 acres of Class V?L wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparlan wetland
0 linear feet of stream channel
218,922 square feet of stream buffers
One of the options you have:avaliable to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration FunO per 'i SA NCAC 2.R .0503 and to the Riparian Butter Restoration Fund per 15A
NCAC 2B.0242.. It you choose this optidn, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of pad-ment will be sent to you upon receipt of this form. PLEASE NOTE. THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE W RP.
Signature
WCTLANDS RESTORATION PP('i _?RAM.'(WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
North Gnmlina Division or Water Quality , 401 1N9ttancjs uorurcmion Uni4
1650 Mail service Center, Raleign, NC 27699-1ti50 (Nialling Addrass)
321 Crebtrec 91vd., Raleigh, NC 27504--150 (LOration) - ^^
COPS
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd. Address P.O. Box 33068
Raleigh, NC 27604 Raleigh, NC 27636-3068
Telephone Number 919-834-6441 Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include `Q 1p? acres of stream channel and 0.38 )acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS?FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County:
P -, Y
Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Bobby Murray
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
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 a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at teleAhone number, (919) 876 - 8441 extension 30
Project Manager Signature A,?2L g
Date August 30, 2001 Expi
August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
- PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
1tGT1 i*f OjT "'%The Poll win identifies our n hts azid o Lions re ardin ?n adrnrriistrattve appeal o£the aboU, S

% usace`army:xiillinet/functions%c?v/cecwolre or
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Arpsregu"lations R
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SEO O ; IT," °REQVEST:.FOI ,,APPEAL^or OBJECTIONS TO,AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POTNTkO CONTAC-TrFgRZT$TIONS' OR;INFORj . "TION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9MI5
Atlanta, Georgia 30303-3490
.01
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'I m ? Project:
Stormwater Analysis
•
- Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
Title: USDA Soil Survey Map (Wake County,1970)
- Project:
Stormwater Analysis
- Plantation Point
Kimley-Horn and Associates, inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1:15,840 012013001
i
Plantation Point Kimley-Horn and Associates, Inc.
Raleigh, North Carolina Date: 4/25/01
Soil Classifications Prepared by: JNG
Checked by: JMD
Soils present in the watershed, based on the Soil Survey
of Wake County. Soil Conservation Service, 1970
Symbol Name Description Slope Group
ApC2 Appling sandy loam 6-10% eroded B
ApB2 Appling sandy loam 6-10% eroded B
CeB2 Cecil sandy loam 6-10% eroded B
CeC2 Cecil sandy loam 6-10% eroded . B
j CeD Cecil sandy loam 10-15% B
Cn Colfax sandy loam - C
Gu Gullied Land - - -
I LoB Louisburg loamy sand 2-6% B
Wy Worsham sandy loam - D
Soil Group B will be use
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V1 6"o I >0ut
O?0? W A TF9pG Michael F. Easley
Governor
co y William G. Ross, Jr., Secretary
Department of Environment and Natural, Resources
0 Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
John R. Dorney
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
'"Y ' ? 2002
KIkUy HORN CMASSOCIATES, #?IC.
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
? ? ? KimleyHorn
and Associates, Inc.

February 26, 2004 •
P.O. Box 33068
Bob Zarzecki Raleigh, North Carolina
27636.3068
DWQ Wetlands Unit WE, ILANDS / 4011 G
r (1F?
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604 MAR
d ?OG4
Re: Plantation Point WAIF

Dear Mr. Zarzecki,
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
¦
TEL [phone]
FAX [phone]
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
WETLANDS/ 401
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Brent Kir
Mailing Address: Bobby Murra
let
MAR ?, 2004
1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number: 919-834-2353 Fax Number: 919-834-1399
E-mail Address: bking cr,bobbymurray.com
2. Agent/Consultant 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: Norton Webster
Company Affiliation: Kimley-Horn & Associates
Mailing Address: 3001 Weston Parkway
Cary, NC 27513
Telephone Number: 919-677-2000 Fax Number: 919-677-2050
E-mail Address: Norton.webster c(),kimley-horn.com
Page 5 of 12

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: Plantation Point
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Plantation Point
Directions to site (include road numbers, landmarks, etc.): Northwest corner of Old Wake
Forest Rd. and Capital Blvd. immediately south of I-540.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 718312E 3972789N
(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. Property size (acres): 48.5
7. Nearest body of water (stream/river/sound/ocean/lake): Perry Creek (Gresham Lake) (03-
04-02)• 27-25-(1); BNSW
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 9.07 acres of existing impervious cover from
a hotel that is no longer in business. Also, partially wooded with a partially drained pond,
(which is the location of the existing stream.)
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Proposed:
commercial development with anchors, out parcels and parking. Stormwater runoff
will be treated via a constructed wetland. The equipment will be typical of that used to grade
and construct similar sites.
11. Explain the purpose of the proposed work: Create a shopping center.
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.
_USACE action ID No. 200120940 issued 8/30/2001 and DWQ No. 001489 issued 5/18/2001 for
the same impacts.
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.
Plans described herein include the development of the entire site.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
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. Provide a written description of the proposed impacts:
Fill based on the Current Site Plan as of February 24, 2004.
2. Individually list wetland impacts below:
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***

* 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.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:-
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type
Impact* *
Length r feet) Impact
(linear
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
750 ft. which
includes the
section that runs
Stream through through Intermittent/
See Current Site Fill the pond bottom UT to Perry Creek varies unimportant
Plan (attached) (0.1 ac -not
including pond
bottom)
* 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.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapcluest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 750 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
See Current Site
Plan (attached) Fill 0.38 UT to Perry Creek Pond
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts proposed are the same as previously aDDroved. All of the avoidance and
minimization measures remain the same.
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.
Page 9 of 12
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://b2o.eiir.state.nc.us/iicwetiands/strmgide.litm1.
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.
Mitigation for wetlands, streams or water was not previously required. As such, no
wetland stream or water mitigation is proposed. However, 2218,922 square feet of buffer
mitigation is proposed by payment to the WRP as required by the FMC's Major Variance
(see Section X).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.eni.state.nc.us/wip/index.litm. 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): N/A
Amount of buffer mitigation requested (square feet): 218.922 _
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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 Neuse )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 54,730 3 164,191
2 36,487 1.5 54,731
Total 91,216 218,922
" Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Please note that the buffer impact amounts here are based on the original pond perimeter as well
as those along the stream. These are the same numbers provided to the EMC as art of the Maior
Variance Request. Please see the attached plans submitted to the EMC on 4/11/01 as a reference.
Page 11 of 12
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.
Payment into the Riparian Buffer Restoration Fund administered by WRP/EEP. Nutrient off-set
payments will also be made to the WRP/EEP.
XI. Stormwater (required by DWQ)
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.
Application proposes to treat entire project t impervious cover using an extended detention
Wetland similar to that previously Uproved by DWQ.
XII. Sewage Disposal (required by DWQ)
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.
Raleigh POTW
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
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).
?m? -' I l? A i t 2 l2 7,
Applicani7Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

AGENT AUTHORIZATION FORM
Name: Oo a e % PI v/t. Q ey S.2
Address: P U- 3 a X 4-'0 & 3
Phone: q l R- k3 Y- 6-V Y/
Project Name/Description: P/4a A
Date: e. 6 a? G 7_ va '/
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: .T? n a %?t y • ale
Field Office :Z-% le
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I 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 of Section 404 permits and
Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc. from this day forward until
successful completion of the permitting process or revocation.
Authorized this the A day of rw_?.,t4aj 1- DPLf- .
4-e L, rn«.,-
Company or C
Name n Signature
f , N y Eel i tj LA_ 1,?1A.4 813,f 7 ,Y4y ? _ W(tJl?
Co- eXec- wifr
CC: Mr. John Dorney,
N.C. Wetlands Unit
2321 Crabtree Blvd.
Raleigh, N. C. 27604
-WRTER uURLITY FL4441D'(3 Fax:[phone] May %1 '01 11 12 P.0'G4
aY Y."., t CR Mlchael F. Easlay
??. GG Govsrnor
William G. Floss, Jr., Secretary
1 r Department of Environment and Natural Resources
A. Karr T. Stevens
QNlsicn of Water Dual I?
May 18, 2001
DWQ it 00-1485
Wake Count)
Page 1 of
I
Mr. Bobby Ivltrray Morin Peveloptnenr Group
1820 Capital Blvd. Attn.-'W Ken Morin, President.
Raleigh, NC 7604 115 :South Albany Avenue
Tampa, Florida 33606
Cc: Xdniey=14om and Associates, irks.
Attt1: Mr. Harlan Britt
3001 Weston Parkway
Cary,.NC 27513
RE: Plantation PoLnt Development. US 1, (Capital Blvd-) at I-540. Raleigh. Wake County, NC
Perry Creek (Greshitm's Lake) :(03- 4-02; 27-35-(1); 9 NSW]
AiP.PROVAL of 401 WATER QUALITY CRR'Tdk'ICATION- an& N4A34R VAPJANCE APPROVAL per the NEUSE RIVE R
RIPARI.kN A-REA PROTECTION RULE [15A NCAC 213 .0233(9)] -WI-ADDITIONAL CONDITIONS
Dear Sirs,
l
i You have otir approval, in accvrdaupe with the attached condit;ons and those lictrd below, to place fill material in 0.04 acres of
wetlands, 750.1•inear feet of stream and 9,1,726 square feet of riparian buffers for the purpose of constructing the proposed Plantation
Point Developmert as described within your;Major rxxiance Request.prtcsented to the Water Quality Committee (WQC) of the
Environmental Manaseznent Commission (FMC) on April 11, 2001 and the Pre-construction Notification Applicution (PCNI for the use
of Nationwide Permit 39 dated February 2, 200 1. This letter shall act as your Major Variance approval as decidt:d by the WQC ort April
11, 2001 and described within 15A NCAC 2B .0233(9)(c). After reviewing your PC.N application, we have decided that this till is
covered by General Water Quality Certificati):'n Number 3287. This_'Ccrdfication allows you to use Nationwide Permit Nurnbcr 39 when
the US Amy Corps of Bnigineers (USACE) issues it. In addition, you should eat any other required federal, state or local permits before
you proceed with your project including (but;not limited to) Sediment and Erosion Control and Non-Discharge.
'lhis approval is only valid for the purpose and design that you dmribed in your Major V ariance Rcqucst and PCN Application.
If you change your project, you must notify cis and you may be required to send us a new application mid request a new Major V&Ti=Ce
approval through the WQC. If the property is fold, the new owner,must be given a copy of this Certification nod approval and is thcrcby
responsible for complying with all conditions. Lf total wetland fills for this project (now or in the future) exceed one acre, compensatory
rritigation may be required as described in 11"., NCAC 2H .0506(1)(6) and (-1). For this approval to be valid, you must follow the
conditions listed in the attached Certification;and any.other conditions listed below,
approved in writing by this Office bcfore the impacU specified in this
. A'final, written stvrmwarer management plan shat! be
1
Certification and Major Variance Approval occur. The• stormwatcr management plan must include plans And specifications
for storm watrr management facilities designed to remt;ve. 85% . TSS according to the most recent vers.ion.of the NC DENR
Stormw•ater Best Management.Praetices Manual. The stormwatcr managctricrit plant must include the cxtnndcd detention
wutland to remove nitrogen as required by the WQC. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality (DWQI. Also, before any perm:mt;nt
building is occupied at the subject site, the facilities (as approved by this Of icc) shall be constructed and operational, and
the siormwater management plan (as approved by this Office) shall be implemented. The s1ructiral stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No chang:s to the structural
Oormwater practices Nhall he made N irhow w'rittcn eothvrization from tl+n DiYisiun t>FWator Quality.
2. You arc required to mitigate for impact. to the protected riparian buffers. The requircil area of mitigation to compensate for
impacts to the protected.riparian buffers is 2113,922 Square feet is required tinder your Major Y",riancc Approval and 15A
Nona Garouna 0lvlston or v+rater QUalITV, 401 Wetlands Cartitic anon unit,
1650 Mall Service Censer, Haleigh, NC 276°9-1650 (Mailing Address)
23211 Crabtrea Blvd., Raleigh, NG 27904-22130 (Location)
WRTEP 01 HLITY PLR,l1•JIHG- Fax:`913-71`-5637 May 21 `01 11:1 P. U3/04
Page 2 of 2
NCAC 213 .0242- We understand that you wish to make a payment into the Ri?arian Buffer Restoration Fund adtninistnred
by the NC Wetlanls Restoration Progam CW7Y) tomcat this mitigation requirement. This has bean determined by the
WQC to be a suitable method to ruect the mitigation requirement. In accordance with 1.iA NCAC 2B .0242(7), this
contribution will satisfy our compcnsztory mitigation rcquirements under 15A NCAC '?B .0233(9)0. Until the WRP
rcccivcs and clears your check; (made payable to: DENR -'Wetlands Rcstontdon Program Officc), no impacts specified in
this Certification and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at [phone] if you.
have any question: concern r,J, payment into the ?W. You have one month from the date of this approval to make this
payment. For accounting puooses, this Certification turd Major Variance Approval authorises payment into the
Riparian Buffer RcstoratlonlFund to compensate for 218,5122 fta of regWred riparian buffer mitigation for impacts
to 91,726 ftr (and 750 Linear meet) of protected riparian buffers; 03-04-02 river and subbasin."
You arc required to pro vidr..nu(xient off-act payments into the NC Wetlands Restoration Program (WRP) as required under
the Net:. e River Basinwide St?rrswater P.cyuitcrnents (I3A NCAC 2B .0235 and .0241J). 'You must contact the subject
local government (City of Raleigh) and WW to war'- out the details of providing Cltis payment. The estimated payment
pr=cnted to the WQC totaled X96,445.60. If the calculai.ed payment is less than this arnount you must notify this office and
you may be required to rcqucs6 a new Major Variance Approval from the WQC. Until the ;W receives and clears your
check (made payable to: DFNR - Wetlands Restoration Program Office), no impacts specified in this Certification, and
Major Variance Approval can occur.
4. Any additional impacts to the protccttd riparian buffers other than those sp•xiued within this :Major Variance Approval
shall be limited to a single access road across the main stream bisecting the propcrry and-any necessary utility crossings.
Any additional impacts to the ) rotcctad'riparian buffers must first reccive written authorization from this Officc. No future
varinnecs from the riparian buffer protection rules will be allowed on the rosining parcels within the PUTS.
5. All fU.turc develr,•pment on the remaining parcels must comply with Neuse River Ba.Simride Stormwatcr Rcquiremonls and
subject local government ;City of Ralcigb) associated ordinance.
IF you do not accept any of the conditions of this certification and Major Variauce- Approval, you may ask for and adjudicatory
hearing. You must act wiain 60 days of the data :hat you receive this latter. To ask for a hearing, send a written petition which
conform;; to Chapter 15013 of the North Carolina General Statutes to the Office of kdministrativc Hearings, PQ Box 27447, Raleigh,
N,C. 27611-7447. This Crrdficauon ar.,d Major Variance Approval and its conditions are final =d binding unless you ask for a hearing.
This lener completes the rep- cw of the Division of Water Qualiry uadcr station 4Q1 of die Clean Water Act and rte Ncuse River
Riparian B uffer P7otection Rules (15A NCAC 2B .0233). Fl=ie call Bob Zarzecki at 919-733-9726 if you have any questions or require
copies of our rules or procedural matmials.
Sin rely,
Stevens,
it ctor
Attachment: , General Certification Number 3237
Cc: Steve Mitchell, DWQ Raleigh Regiq1na1 Office
Todd Tugwell, USACE Raleigh Regulatory Field Office
Ron Farrell. Wetlands Restoration Pyogr=
,File Copy
Ctntrat r--il cs
DWQ, 001489
y 2t F. ud
hia 1 '?1 1'1 :17
WATP, ulltaLITY F'Lk4iil•JG Fax:[phone] 'r'04
f W A ?itcheel F. Easley
?0 yQ Govaimr
William Q. Ross, Jr., £ecretAN
r" Deparbnent of Envirorment and Natural Resources
Karr T. Stevens
'C Division o1 Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IPACTS AND MITIGATION REQUIREMENTS
in accordance with 15A NCAC 2H .050C and 213 .0233, Mr. Bobby Murray and the Morin Development Group
have permission as outlined below and within the Water Quality Certification (WQC) Number 3287 w/ additional conditions
for the purpose(s) of constructing the proposed Plantation Point Development. All activitles associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmiral letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Pro}act No. 001489
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/SUBBAS I N: 03-04-02
As required by 15A NCAC 2H .0505 and 2B .02332 and the conditions of WOC No. 3287 wl additional conditions,
you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands, surface v+aters and buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
(Note: Acreage requirements proposedtn be mitigated through the WRP must be rounded up to one-quarter acre
increments according to i SA NCAC 2R .0503(b).)
0.0 acres of Class V?L wetlands
0.0 acres of ripadaniwetland
0.0 acres of non-riparian wetland
0 linear feet of Stream channel
21 B,922 square feet of stream buffers
One of the options you hava;avaliable to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Butter Restoration Fund per 15A
NCAC 2B.0242. It you choose this optidn, please sign this form and mail it to the WRP at the address listed below. An
invoice for the appropriate amount of pa- ?ment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
WETLANDS' RESTORA'rtCjl`J PP(-,,-,RAM (WRPNC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27599.1619
[phone]
Date
North Camlinn Divisior, of Water Quality, 401 '6etlanCs Geruhcation Unit.
165o Mall service Censer, Raleign, NG 27699-1650 ()vialling Address)
2321 Crabtree Blvd., Raleigh, l'10 27604-2250 (l.oratl0n) ^^
coPy
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120940 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Authorized
Owner Bobby Murray Agent Kimley-Horn & Associates, Inc
Attn: Norton Webster
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Address P.O. Box 33068
Raleigh, NC 27636-3068
Telephone Number 919- 677-2000
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Description of Activity: This permit authorizes the placement of fill associated with the construction of a
commercial development on the eastern portion of the property. Impacts to waters authorized by this
permit include Q 1 . acres of stream channel and 0.3acres of an open water pond. Total impacts
authorized are 0.48 acres.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
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 Amanda D. Jones at telephone number (919) 876 - 8441 extension 30
Regulatory Project Manager Signature
Date August 30, 2001 Expiration Date August 30, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE. YELLOW (FILE) COPY OF THIS-FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS e"?-O' PY,
Wilmington District qrzap
Action ID: 200120940 County: Wake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property
Owner Bobby Murray
Address 1820 Capital Blvd.
Raleigh, NC 27604
Telephone Number 919-834-6441
Authorized
Agent Soil & Environmental Consultants, Inc.
Attn: Sean Clark
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located in the northwest quadrant of the intersection of Capital Boulevard and Old Wake Forest Road, in
Raleigh, Wake County, North Carolina.
Basis for Determination: The site contains wetlands, stream channels and open waters with indicators of
ordinary high water marks, located adjacent to an unnamed tributary of Perry Creek, above headwaters, in
the Neuse River Basin.
Indicate Which of the Following Apply:
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 will
make a final jurisdictional determination on your property.
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 a more timely
delineation of the wetlands. -Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Amanda D. Jones at telephone number, (919) 876 - 8441 extension 30
Project Manager Signature
Date August 30, 2001
August 30, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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Applicant: Bobby Murray File Number: 200120940 Date: 8-30-01
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
ve ''
t
R The follonngicientifies your nghts and options 'regarding an admutstratreappeal of,ihe abo
SEC ?3?NI
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ons%ew/ceewc /reg ors
" ecisiondditional uiformation maybe found at http usa'cearmmti/tnet/functt

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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SE"TION II}= REQTJEST:FOR"APPEAL`or OBJECTIONS TO AN INITIAL PROFFERED PER1vTIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the. appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.

a r i ? . "1.2 ry:
I?OINT} OF CONIMT ,9)3 ?OUESTIONS- OR INFORM.ATION° -
If you have questions regarding this decision and/or the appeal if you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Title: USGS Quad Map (Raleigh East and Wake Forest, NC, 1987)

'I _ ? Project:
Stotznwater Analysis
- Plantation Point

Kimley-Horn and Associates, Inc. Raleigh, North Carolina
Date: Scale: Project No. Appendix:
1=24,000 012013001
r
Title: USDA Soil Survey Map
Project:
i
Kimley-Horn and Associates, Inc.
L
ake County, 1970)
rmwater Analysis
ntation Point
leigh, North Carolina
cale: Project No.
1:15,840 012012001
rpendix-.
Plantation Point
Raleigh, North Carolina
Soil Classifications
Kimley-Horn and Associates, Inc.
Date: 4/25/01
Prepared by: JNG
Checked by: JMD
Soils present in the watershed, based on the Soil Survey
of Wake County.Soil Conservation Service, 1870
Symbol Name Description
ApC2 Appling sandy loam
ApB2 Appling sandy loam
CeB2 Cecil sandy loam
CeC2 Cecil sandy loam
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CeD Cecil sandy loam
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May 10, 2002
Mr. Bobby Murry
1820 Capital Blvd.
Raleigh, NC 27604
Morin Development Company
Attn: Mr. Ken Morin
115 South Albany Ave.
Tampa, FI 33606
Dear Sirs:
Subject: Stormwater Wetland
Plantation Point
Wake County, NC
DWQ# 010185 (001489)
This Office is in receipt of the plans dated May 1, 2002 for the stormwater management wetlands at the
subject facility prepared on your behalf by Kimley-Horn and submitted to the Division on May 3, 2002. 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].
Sincerely,
John R. Dorney
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
Raleigh Regional Office
File
Jonathan Dorman, Kimley-Horn, PO Box 33068, Raleigh, NC 27636-3068
RECEIVED
1"'Y I ? 2002
KIMLEY HORN CA&%C. RTES, MC.
IVIL
vl 6-- 1 >UU1
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
? ? ? Kimley-Horn
and Associates, Inc.
•
February 26, 2004 4 C130 it
PA. Box 33068
Bob ZarZeCki Raleigh, North Carolina
27636.3068
DWQ Wetlands Unit
2321 Crabtree Blvd., Suite 250 WETLANDS 1401 GROUP
Raleigh, NC 27604
Re: Plantation Point MAR 2.004
Dear Mr. Zarzecki, WATER OUALRY SECTION
The original applicants for the commercial development project at Plantation Pointe are
hereby applying for the use of Nationwide Permit No. 39 and the corresponding DWQ
(Division of Water Quality) General Certification No. 3402 to impact 750 feet of intermittent
(unimportant) stream channel that includes 0.10 acres of channel bottom as well as 0.38 acres
of open water (the remaining pond). These impacts were originally approved under USACE
Action ID No. 200120940 and DWQ No. 001489 issued August 30, 2001 and May 18, 2001,
respectively. The impacts, use, and general layout of the development are essentially the
same as those approved above. However, the Nationwide Permit expired before the impacts
were conducted. As such, the applicant is applying to conduct the same impacts as previously
approved and requests similar additional conditions as those granted in the previous approval.
Additionally, a Major Variance to the Neuse Buffer Rules was approved by the EMC on
April 11, 2001 that included approval to impact the 91,726 square feet of buffer at the subject
property. The conditions for the Variance Approval were combined with those of the 401
Water Quality Certification issued on May 18, 2001. There were no expiration dates
associated with the Major Variance and since the general use and layout remains essentially
the same for the commercial development proposed, it is anticipated that the Major Variance
is still applicable as is. The applicant still proposes to treat the stormwater from the entire
site, by using an extended detention wetland as originally approved by DWQ. The applicant
will also mitigate for the buffer losses and make the nutrient off-set payments, as well as
comply with all the Variance conditions as required by the EMC.
Please confirm in any subsequent correspondence that the Variance is still valid. Please call
me at [phone] or Mr. Todd St. John at [phone] if you have any questions.
Very truly yours,
967-5?
Norton Webster
Environmental Scientist
KIMLEY-HORN AND ASSOCIATES, INC.
cc. Jim Bell, KHA
¦
TEL [phone]
FAX [phone]

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KINLEY-HORN & ASSOC., INC.
Voucher No. Vendor ID Invoice Number Invoice Date
000256515
Invoice Amount Net Amount Paid
475.00
Subtotals
Totals
Check Notes
$475.00
$475.00
$475.00
$475.00
$475.00
452004 RETURN TO HARLAN BRITT