20071576 Ver 1_More Info Letter_20071108

~QF w A TF9 p Michael F. Easley, Governor
`~ ~i William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ ~- Coleen H. Sullins, Director
Division of Water Quality
November 8, 2007
DWQ Project # 07-1576
Alamance County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jon Meschel
Alamance Crossing, LLC
800 South Street, Suite 395
Waltham, MA 02453
Subject Property: Alamance Crossing
Ut to Back Creek [030603, 16-19-5, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Meschel:
On September 18, 2007, the Division of Water Quality (DWQ) received your application dated
September 14, 2007 (with Public Notice issued by the USACE on October 3, 2007, and received
by the DWQ on October 4, 2007), to fill or otherwise impact 1.75 acres of 404/wetland and
2,077 linear feet of stream to construct the proposed commercial development. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H .0506 and will place this
project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. On November 5, 2007, DWQ personnel conducted. a site visit and performed
intermittent/perennial stream determinations as discussed below. Based on the results of
these determinations and final accounting of the additional perennial stream length that
would be filled according to your submitted plans, the DWQ will require a new site plan
and mitigation plan for your project. Please submit these items
The Division of Water Quality (DWQ) has determined that the stream features
labeled as "A" to "End A", and "A-1" to "End A-1"on the attached map, and initialed
by Ian McMillan on November 6, 2007, are perennial, and identified in the field by
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn•//h2o.enr.state.nc.us/ncwetlands
NonethCarolina
~a~ura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Alamance Crossing, LLC
Page 2 of 3
November 8, 2007
i:.
pink flagging. Please note that streams deemed to "important" at the site by the USACE
were determined to be perennial by the DWQ.
The owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on-site
determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that a surface water exists and that it is subject to the buffer
rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
OversightlExpress Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this, notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
Please re-submit your site plans on full plan sheets at a scale of no smaller than 1"=50',
and please include topographic contours on the plan sheets.
Because the City of Burlington has decided not to require a Stormwater management plan
for this project under its Phase II Stormwater Program, a stormwater management plan
for this project must be submitted to the DWQ 401 Oversight /Express Unit for review
and approval. Per the D WQ's Stormwater Management Plan Requirements for
Applicants other than NCDOT, the Stormwater management plan will have to meet the
following requirements:
a. Removal of a minimum of 85% of TSS and 30% of total nitrogen and total
phosphorus.
b. BMPs must be designed in accordance with the most recent version of the
NCDWQ Stormwater BMP Manual.
c. All Stormwater from the site must be treated by an appropriate BMP.
4. The 401 Oversight/Express Unit must approve the Stormwater management plan in
writing before any impacts authorized in this certification occur. The approved
Stormwater management plan must be constructed and operational before any permanent
building or other structure is occupied at the site.

Alamance Crossing, LLC
Page 3 of 3
November 8, 2007
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Si cerely,
r~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: Approximate Intermittent/Perennial Stream Determination/USGS Topographic Map
cc: Sue Homeward, Winston-Salem Regional Office
Andy Williams, USACE Raleigh Regulatory Field Office
File Copy
Central Files
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 071576AIamanceWest(Alamance)On_Hold

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Alamance West Additional Perennial Stream Determinations
Approximate Locations -Site Visit 11 /5/07