19930900 Ver 1_COMPLETE FILE_19941020

State of North Carolina
Department of Environment, Al IVA
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Governor p H N F=1
Jonathan B, Howes, Secretory
A, Preston Howard, Jr„ P,E„ Director
April 4, 1994
Mr. Robert Yelverton
Lichtin Properties
1800 Perimeter Park Drive
Suite 200
Moorisville, N.C. 27560
Dear Mr. Yelverton:
Subject: Proposed fill in Wetlands or Waters
Perimeter Park West, 1800 Building "
Wake County
DEM Project #93900; COE #199400241
We have reviewed your request for 401 Water Quality Certification to
place fill material in 0.90 acres of wetlands or waters which are tributary to
Stirrup Iron Creek for commercial fill located at 1800 Perimeter Park Building
in Wake County as described in your submittal dated 31 March 1994. Based on
this review, we have determined that the proposed fill is covered by General
Water Quality Certification No. 2671. A copy of the General Certification is
attached. This Certification is necessary for coverage under Corps of
Engineers' Nationwide Permit No. 26. This action completes DEM's review under
Section 401 of the Clean Water Act. Final written approval from DEM must be
received for a stormwater management plan including a wet detention pond
before construction begins.
If this Certification is unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following
receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
reston toward, r. P.E.
93900.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Lester Lowe; DSA
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Direcior
July 5, 1994
Mr. Robert Yelverton
Lichtin Properties
1800 Perimeter Park Drive
Suite 200
Morrisville,. N.C. 27560
Dear Mr. Yelverton:
Subject: Proposed stormwater management pond
Perimeter Park West, 1800 Building
Wake County
DEM # 93900, COE # 199400241

The Division of Environmental Management has reviewed the
design for a stormwater pond for the Perimeter Park West project.
This design is acceptable and satisfies the additional condition
of our Certification dated 4 April 1994. We understand that
construction of the pond will not begin until the tract is
developed.
Please call John Dorney at 919-733-1786 if you have any
questions.
Sincerely,
oct stonHow , Jr. P.E.
or
93900.1tr
cc Wilmington District COE
Raleigh DEM Regional Office
Central Files
C. Ross Massey, DSA Design Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Mo
June 10, 1994
Mr. Scott Thomas
Department of Environment, f
Natural Resources
Water Quality Section
Post Office Box 29535
Raleigh, NC 27626-0535
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SUBJECT: I ICHTIN PROP 5-0-
WET POND RE
WAKE COUNT`
DEM PROJECT
DSA PROJECT.
Dear Mr. Thomas:
As per your request, we are providing the following additional information so you can make a
determination on whether we can proceed with filling the existing pond as indicated in the request for
the 401 Water Quality Certification.
1. Calculation of surface area to drainage area ratio (SA/DA) for permanent pool sizing:
a. Assumed pond depth = 6.0 ft.
b. SA/DA = 1.79
C. Required surface area = 1.34 ac
d. Dedicated area = 2.0 ac
2. Location map, showing direction of site drainage:
a. Pond site will have adequate relief to provide for drainage. The pond location is
at the confluence of the entire site run-off outlet.
3. Table - Permanent Pool Depth verses Imperious %
Please let me know if you need additional information to complete your review.
Sincerely,
DSAtia tic Cor oration
C6??
C. Ross Massey, P.E.
Project Manager
CRM/hnh
cc: Mr. Robert G. Yelverton - Lichtin Pi
Mr. Lester V. Lowe, III, P.E. - DSAH
Mr. David T. McGee, P.E. - DSAtlai
5511 Capital Center Drive, Suite P-1
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Permanent Pool Depth (feet)
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10 0.59 0.49 0.43 0.35 0.31 0.29 0.26
20 0.97 0.79 0.70 0.59 0.51 0.46 0.44
30 1.34 1.08 0.97 0.85 0.70 0.64 0.62
40 1.73 1.43 1.25 1.03 0.90 0.82 0.77
50 2.00 1.73 1.50 1.33 1.09 1.00 0.92
60 2.39 2.03 1.66 I 1.51 1.29 1.17 1.10
70 2.75 2.27 1.96 1.79 1.48 1.35 1.29
Usine the Chart: Finding the Surface Area of the Permanent Pool
The numbers in the chart represent surface area (SA) to drainage area (DA) percentages.
SA= the wet detention pond permanent pool surface area required to provide an expected
85% Total Suspended Solids removal. The chart is based on the amount of impervious
cover as a percentage of the area draining to the pond and the depth of the permanent
pool. Impervious percentages are in the left hand column of the chart and depths are
given across the table from 3 feet to 6 feet in half foot increments. If needed, one can
interpolate to find the SA/DA ratio that is needed in a particular case.
To determine the required permanent pool size use the following steps:
1. Calculate the percent impervious cover of the site draining to the pond.
amount of impervious area / total site area
2. Determine the permanent pool depth (or select a depth for comparison purposes).
3. Go to the above chart and find the number corresponding to the impervious
percentage found above and the depth assumed. This numbers represents the
permanent pool surface area as a percent of the drainage area.
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North Carolina Department of Environment,
Health, and Natural Resources e,,? Printed on Recycled Paper
e Real Estate Development/Management
NCDEHNR P.O. Division of Environmental Mgt.
1800 Perimeter Park Drive, Suite 200, Morrisville, NC 27560
[phone] Telefax: [phone]
T0:
Box 29535
Raleigh, NC 27626-0535
WE ARE SENDING YOU ® Attached ? Under separate cover via-
L) Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?
LETTER F TRANSMITTAL
DATE 3/31/94 JOB No.
ATTENTION
John R. Dorne
RE: Request for Wetland Fill @ 1800
Perimeter Park Building
Project No. 93900

? Samples
_ the following items:
? Specifications
COPIES DATE NO. DESCRIPTION
Drawings of Perimeter Park West

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THESE ARE TRANSMITTED as checked below:
? For Approval ? Approved as submitted
Q For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 19-
REMARKS:
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
? PRINTS RETURNED AFTER LOAN TO US
COPY TO: SIGNED:
If enclosures are not as noted, kindly notify us at once.
LICHTIN.
Real Estate Development/Management
March 31, 1994
Mr. John R. Dorney
NCDEHNR
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
APR 41y94
WETLANDS GF.
WATER OLIALITv ?Re: Request for Wetland Fill @ 1800 Perimeter Park Building
Project #93900
Dear Mr. Dorney:
In response to your request for clarification regarding the
placement of a storage pond on the Perimeter Park West properties,
we would like to confirm our intention to construct the necessary
facility at the outlet side of the storm water drainage pipe ex-
tending below and across Perimeter Park Drive. The time frame for
the construction of this pond would be concurrent with the
development of the 1500 Building to be located along Perimeter Park
Drive.
As an attachment to this letter, we have provided for your review
a copy of the projected buildout of the acreage surrounding the
.9 acre pond we have would like to drain. We believe that the
new location for storage will better serve the overall acreage.
The design of the storage pond will be by DSA Design Group.
Should you have any questions regarding what is proposed, please
contact the writer or Lester Lowe at DSA Group.
Thank you for your consideration of our request. We are
anticipating draining the pond as soon as we receive approval.
S' erely,
Robert G. e ton
Vice Pr sident/ onstruction
RGY/gms
Enclosure
CC: Lester Low
Lichtin Properties, Inc. • 1800 Perimeter Park Drive, Suite 200, Morrisville, North Carolina 27560 . [phone] • Telefox: [phone]
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N.C. Dept. of Environment, Health, and Natural Resources
[-1??) -..,vA .... Pnev,rlnA Pannr
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 14, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400241 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Harold Lichtin, Managing Partner
Perimeter Park West Associates
Limited Partnership
1100 Perimeter Park Drive
Morrisville, North Carolina 27560
Dear Mr. Lichtin:
Reference your application of October 15, 1993, for Department of the Army
(DA) authorization to impact 0.9 acre of wetlands associated with your
proposed placement of fill into a farm pond, located adjacent and above the
headwaters of an unnamed tributary to Stirrup Iron Creek, to effect
construction of an extension to Perimeter Park Drive near Morrisville, Wake
County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your proposed work is authorized by this NWP provided it is accomplished
in strict accordance with the enclosed conditions and provided you receive
Section 401 water quality certification from the North Carolina Division of
Environmental Management (NCDEM). You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification. This
NWP does not relieve you of the responsibility to obtain other required State
or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
-2-
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh Field
office, telephone [phone], Extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
IU,! John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Lester Lowe III
DSA Design Group
5511 Capital Center Drive
Suite P-100
Raleigh, North Carolina 27606
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LICIfTIN
PROPERTIES INC.
November 30, 1993
Mr. John R. Dorney
NCDEHNR
Division of Environmental Management
P. 0. Box 29535
Raleigh, NC 27626-0535
0 KWEU IN-
DEC
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tiLITY SECTI;
Re: Request for Wetland Fill @ 1800 Perimeter Park Building
Project #93900
Dear Mr. Dorney:
As the owner of the property, we would like to respond to your
letter of November 12, 1993 with additional information we hope
will further support our request. The location of the referenced
pond is partially located in the roadway section of Perimeter
Park Drive, reference Attachment 'A'. The alignment of this road
was established and approved by the Town of Morrisville in 1989.
Approximately 750 lineal feet has presently been extending from
Airport Boulevard. The relocation of the roadway outside of the
pond area would impact the overall established roadway alignment
and planned building adjacencies, i.e. the Building 1800 site
plan has been approved and is presently under construction. A
change in the road alignment would require a major change to this
site plan.
Secondly, in the planning of the first buildings within Perimeter
Park West, a site plan was developed contemplating two (2)
buildings of the same design to be located adjacent to each other
on Lots 1 and 2 with a common rear parking area. The first of
the buildings, known as 1100 Perimeter Park has been constructed
and the rear parking area has been built to accommodate the
second future structure, Building 1500. The second building is
to be located on the eastern side of the .9 acre pond area with
the front parking area programmed to be placed in the pond
location. A copy of the general layout has been provided to
further help for reference, Attachment 'B'.
We would appreciate your further consideration of these adjacencies
in your review of our request. The structures already in place as
well as the roadway and buildings under construction are predicated
on the pond being filled.
1100 PERIMETER PARK DRIVE, MORRISVILLE, NORTH CAROLINA 27560
[phone], TELEFAX: [phone]
Mr. John R. Dorney
November 30, 1993
Page 2
Should you need any further information or have any questions
which we may help to answer please contact the writer.
in erely,
Robert G. vert n
Vice Pres ent/Co truction
RGY/ew
Enclosure
cc: Lester Lowe
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DEC 1 7 IM
X16%09/93 14:11 * 919 876 5e23
06.0° NO. S P. 4
FROM
DEM ID: ACTION ID:_ I Z ? V
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR ,
Nationwide permits that require notification to S (dc- V10A2
Nationwide permits that require application for
WILMINGTON DISTRICT ENGINEER WATER QUALITY PL)
CORPS OF ENGINEERS DIVISION OF ENVIRC
DEPARTMENT OF THE ARMY NC DEPARTMENT Of
P.O. Box 1890 AND NATURAL RES(
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-05
Telephone [phone] ATTN: MR. JOHN DC
Telephone [phone],
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TV
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVTRO?31V!£3V 1.
PLEASE PRINT.
1. Owners Name: Peruneter Park West Associates Limited Partnership
2. Owners Address: 1100 Perimeter Park Drive
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N/A
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Morrisville
Specific Location (Include road numbers, landmarks, etc.): f 1500' west of intersection of SR 3015
(Airport Road) and Perimeter Park Drive along existing'Perimeter Park Drive and future extension
6. Name of Closest Stream/River.. Stirrup Iron Creek
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.90 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
0.90 acres
Drained: 0.90 acres
Flooded:
Excavated:
Total Impacted: 0.90 acres
-06/09/93 14:10 919 876 5823
FROM
06.09.1993 14:07 NO. 3 P. 3
12. Description of proposed work (Attach PLA-NS-8 Ir2" X I1" drawings only): Fill in existing old farm pond
to allow for extension of Perimeter Park Drive within the Perimeter Park West Develognent
13. Purpose of proposed work: Provide extended roadway access to future parcels for
develogrent
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. __ A=mvarl mad al igMeni- ?rn?Ga? intn thi G Old pond
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES (X ] NO C ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of istoric
properties in the permit area which may be affected by the proposed project. Have you doge so. YES I ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Vacant - zoned for office and industrial
F. If applicable, what is proposed method of sewage disposal?
/oIr/93
Owner's gnature Date
06/09%93 14:09 919 876 5823
FROM. 06.09,1993 14'06 NO. 3 P. 2
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NW? 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP S (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills-in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include.
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWT 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters onl, NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
• 06/09/93
FROM
14:12
919 876 5823
06.09.1993 14308 NO. 3 P. S
NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
STATE OF NORTH CAROLIN.'
[OR (??= z60 c DEPARTMENT OF NATURAL AND ECONOMIC
RALEIGH. NORTH CAROLINA
3233 /V NE
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UC'HTTN
PROPERTIES, INC.
November 30, 1993
Mr. John R. Dorney
NCDEHNR
Division of Environmental Management
P. 0. Box 29535
Raleigh, NC 27626-0535
f D [ W
Flu DEC
LANDS GROUu
D fie.] irv ecrnnm
Re: Request for Wetland Fill @ 1800 Perimeter Park Building
Project #93900
Dear Mr. Dorney:
As the owner of the property, we would like to respond to your
letter of November 12, 1993 with additional information we hope
will further support our request. The location of the referenced
pond is partially located in the roadway section of Perimeter
Park Drive, reference Attachment 'A'. The alignment of this road
was established and approved by the Town of Morrisville in 1989.
Approximately 750 lineal feet has presently been extending from
Airport Boulevard. The relocation of the roadway outside of the
pond area would impact the overall established roadway alignment
and planned building adjacencies, i.e. the Building 1800 site
plan has been approved and is presently under construction. A
change in the road alignment would require a major change to this
site plan.
Secondly, in the planning of the first buildings within Perimeter
Park West, a site plan was developed contemplating two (2)
buildings of the same design to be located adjacent to each other
on Lots 1 and 2 with a common rear parking area. The first of
the buildings, known as 1100 Perimeter Park has been constructed
and the rear parking area has been built to accommodate the
second future structure, Building 1500. The second building is
to be located on the eastern side of the .9 acre pond area with
the front parking area programmed to be placed in the pond
location. A copy of the general layout has been provided to
further help for reference, Attachment 'B'.
We would appreciate your further consideration of these adjacencies
in your review of our request. The structures already in place as
well as the roadway and buildings under construction are predicated
on the pond being filled.
1100 PERIMETER PARK DRIVE, MORRISVILLE, NORTH CAROLINA 27560
[phone], TELEFAX: [phone]
Mr. John R. Dorney
November 30, 1993
Page 2
Should you need any further information or have any questions
which we may help to answer please contact the writer.
in erely,
Robert G.
Vice Presi
RGY/ew
Elvertkn
ent/Con truction
Enclosure
cc: Lester Lowe

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I:TI'«lFCT: 'iVFT'ITN P KTAF} HI PvWT I`NH RFt.'"MMT?f'Jl?I1'?'TONI;
' "{ ACA I'C'I M
PERMIT YR: 133 FIEPA'IT'I' N(_):
APPLICANT NAME: T_,TCHUN PROP., FNW I-'NR FML;` FP PARK WEST
PROJEC 'T'YPE: COMMERCIAL, FILL P ;RMI`I' TYPE: NW2 I

RCD FROM CDA : APP DATE FRM CPA : T. u/ ? U / 9
REc nFFIaE: R>10 RIVER AND ;U BA'1IN U
STREAM CLASS: .-'TP INDEX_ NNu :
WL TMI_'A("I' ?: YIN WL TYPE :
W REQUESTED: WL WREST? : Y/N
WT. SCORE M : WATER UMPACTED BY FILL?: Y/1\I
i,//N Ml TfHA'I'1ON?: `r.'/N

State of North Caroliha
Department of Envlronment,
Health and Naturd(Resources
Division of Environment6Wanagement
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 12, 1993
Mr. Lester Lowe
DSA Design Group
5511 Capital Centre Dr.
Suite P-100
Raleigh, N.C. 27606
Project #93900
Dear Mr. Lowe:
1:3 FE F=1
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 0.9 acres of
water and wetlands at Lichtin Properties, 1800 Perimeter Park
Building in Wake County for roadway expansion. Based on this
review, we have identified significant uses which would be
removed by this project. These are water storage, pollutant
removal and wildlife habitat. Furthermore, insufficient evidence
is present in our files to conclude that your project must be
built as planned. Therefore, we are moving toward denial of your
401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your roadway without draining the entire pond?
Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of
your 401 Certification. Please respond within two weeks of the
date of this letter by sending a copy of this information to me
and one copy to our Karl Shaffer at the Raleigh Regional Office
at 3800 Barrett Drive, P.O. Box 27687, Raleigh, N.C. 27611.
If you have any questions, please call me at 919/733-1786.
93900.na 0.
cc: Raleigh DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Si erely,
Jo n R. orney
P.O. Box 29535, Rdeigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
I
• ? I
MEMORANDUM PRINT NAMES:
Reviewer -
TO: John Dorney WQ Supv.: .-
Planning Branch DATE: t?
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO:
APPLICANT NAME: LICHTIN PROP., INC
PROJECT-TYPE: COMMERCIAL FILL
COE_# :
RCD_FROM_CDA: APP
REG_OFFICE: RRO
STREAM-CLASS: C N50
WL_IMPACT?:0 N
WL_REQUESTED : 0, 34 oo
WL_SCORE (#) : 3 F. -75
HYDRO_CNECT?ON
0000900 COUNTY: WAKE
- PERIMETER PARK WEST
PERMIT-TYPE: NW26
DOT-#:
DATE_FRM_CDA: 10/20/93
RIVER_AND_SUB_BASIN_# : ar AD
NOZ- Q did&t?d 03
STR__ I NDEX_NO :
27- 33_4_Z
WL._TYPE : 61?5kla*091_ld a az*?
WL_ACR__EST? : ON
WATER IMPACTED BY FILL?:0N
MITIGATION'?: YI
MITIGATION _TYI?E: A/A MITIGATION_ SIZE: 1v14
IS WETLAND RATING SHEET AT`T'ACHED? :6N
RECOMMENDATION (Circle One): ISSUE SSiJE/CON DENY
COMMENTS : ? ? AIKE AO MAIVW3 AIA-M QdL -4 L?/'Li?A?7eN 50 41FAIT Ate,.',
or Thlu- Auo is mw- A qAfA7 014 EA L-t3UT tAf- /I O ??A?rS S14b w 71o"
.(moo T Z&7,'a rEZ5AtLA1 "060_ Soo aP W4' ARCH. GCarnrr??iVl?
r,62 THAT -Pio"7e c/ Vo v A-53' e10e,ee4p1
_J Su P???1 ?,,(USTi ?ICA?i ??.cl ??° ?MI/1,E u1TL/3?/D Cd-rs, _
CC : ReE i_orial Of f ice;
Central Files
Wetland area
Nearest road.
s
P6
jt :?$ ,,y BBD ? b ua
2, Riff. 4
acres Wetland width.
feet
Wetland type (select one) . r * W"other :TbUL
• o Swamp forest:, : o Shoreline
o Bottorrmland hardwood forest - o Stream channel ;
• o Carolina bay o Salt marsh °
° o Pocosin o Brackish marsh •
o Pine savannah o Freshwater marsh
o Wet flat o Bog/Fen •
o Perched o Vernat pool.
Water storage
sum
°
Bank/Shoreline stabilizationL < x 4,00 = •
Pollutant removal
°
Sensitive watershed 2
X •
Wetland score.
Dispersal corridor 1 ..
•

Special ecological attributes 41
::
•
Wildlife habitat -> x 1.50 = •
Aquatic life value °
Recreation/Education °
Economic value x 0.25
'

a`

p--Hydrologlcally connected o Hydrologically Isolated
Z6A
October 15, 1993
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health,
Post Office Box 29535
Raleigh, NC 27606-0535
and Natural Resources
SUBJECT: LICHTIN PROPERTIES, INC.
1800 PERIMETER PARK BUILDING
MORRISVILLE, NORTH CAROLINA
DSA PROJECT NO. 92080.11
Dear John :

We are pleased to submit to your office the Joint Form for a Nationwide Permit to drain and fill an existing
0.90 acre pond on the subject property. The purpose of this letter is to transmit the application and other
information required for your review.
Please find attached the following items:
1. Seven (7) copies of the Application Form
2. Seven (7) copies of the Vicinity Map
3. Seven (7) copies of the Wetland Delineation Map
We hope the attached information is acceptable for your review and approval. Should you have any
questions concerning this letter or the attached information, please contact our office.
Respectfully submit led,
&111,P.E.
Le ter V. Lo Project Manager
LVL/hnh
Enclosures: (7) Application Forms
(7) Vicinity Maps
(7) Wetland Delineation Maps
cc: Mr. Robert G. Yelverton - Lichtin Properties, Inc. w/o atts
Mr. David T. McGee, P.E. - DSA Design Group w/o atts
Mr. Kenneth A. Loring, R.L.S. - DSA Design Group w/o atts
File watts
5511 Capital Center Drive, Suite P 100, Raleigh, NC 27606 9191851-6866 (fax) 919/851 7024
Winston-Salem • Raleigh • Charlott(--.
. __, ,__P6%09/93 14:11 919 876 5823
.4
FRoM , 06.09. 1993 14:08 NO. S P. 4
DEM ID: -/ / 00 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL m -
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME Q T N
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 ; ,
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] -T
WETLANDS
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE COPJ1 Vt# EAS.-
SEVEN (7) COPIES Sf#OULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1- Owners Name: Perimeter park West Associates Limited Partnership
2. Owners Address: 1100 Perimeter Park Drive
3, Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N/A
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City:
Morrisville
Specific Location (Include road numbers, landmarks, etc.): t 1500' west of intersection of SR 3015
(Airport Road) and Perimeter Park Drive along existing' Perimeter Park Drive and future extension
6. Name of Closest Stream/River. Stirrup Iron Creek
7. River Basin: Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.90 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.90 acres
Drained: 0.90 acres
Flooded:
Excavated:
Total Impacted: 0.90 acres
06/09/93 14:10 919 876 5823
FROM 06.09.1993 14:07 NO. 3 P. 3
12. Description of proposed work (Attach PLAINS-8 1/2" X 11" drawings only): Fill in existing old farrn pond
to allow for extension of Perimeter Park Drive within the Perimeter Park West Develognent
13. Purpose of proposed work: Provide extended roadway access to future parcels for
develognent
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. _8== mvM road al i anmPnf- ?rncGac i ntn h i G nl ti 1)0nd
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES fX J NO C J
RESPONSES FROM THE USFWS AND/OR NUYS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the preset a of istoric
properties in the permit area which may be affected by the proposed project. Have you doge so. YES I )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Vacant - zoned for office and industrial
F. If applicable, what is proposed method of sewage disposal?
.o/r?93
Owner's gnan= Date
. 06/09/93 14:09 919 876 5823
FROM 06. 14:06 HO. 3 P. 2
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills-in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include.
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification forth, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for onl limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only, NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
06/09/93 14:12 919 876 5823
FROM 06.09.1993 14:08 NO. 3 P. S
NOTMCATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.

STATE OF NORTH CAROLIN,'
OR !t= z66 f DEPARTMENT OF NATURAL AND ECONOMIC
RALEIGH. NORTH CAROLINA
5255 IV NE
iPEL HILL 14 MI. 694 695 "ISO' DURHAM (U.S. 15 6 501) 10 Ml, 197 (SOUTHEAST DURHAM) 698
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