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HomeMy WebLinkAbout20070302 Ver 1_Emails_20070327FW: Carrollton Environmental Issues /V`W~ Subject: FW: Carrollton Environmental Issues From: "Tim Shields" <Shieldst@ci.kemersville.nc.us> i Date: Tue, 27 Mar 2007 1438:52 -0400 ~~%~ ~.~ ~~~~-~-t~'~" To: <cyndi.karoly u~ncmaiLneV CC: <paul@pm-development.com>, "Russell Radford, P.E." <radfordr@ci.kernersville.nc.us> Cyndi, I received this a-mail from Paul Williams, Project Engineer with a local development company requesting our assistance. When I read through the a-mail and information that DWQ was requesting, it came to me that the local office may not have an understanding of the current environmental regulations that the Town enforces in the Lower Abbott's Creek Sewer Service Area. In fact, at least one of the DWQ guys that worked with us on the permitting process is no longer with the State. In order for the Town to receive SRL funds to extend sewer into this area we amended our 201 Plan, prepared an E.A., updated and added environmental regulations, adopted a Secondary and Cumulative Impact Plan along with stream buffer requirements, etc. All of these regulations are enforced through the zoning and plan review process. I would prefer not to get pulled into this process again. All the measures are in place to satisfy secondary and cumulative impacts for the entire Lower Abbott's Creek Sewer Service Area as identified in the 201 Amendment. Rather than trying to copy a book 3 inches thick for the local office, I'm attaching a picture of the book. If this book could be located in the DWQ office, could someone quickly verify of its existence and approval and let the local office know we went through a long process to ensure DWQ that secondary and cumulative impacts will be adequately addressed? I have also attached a copy of my letter to Mr. McMillan with accompanying FONSI approval. I hope you can help us with this issue and please keep us informed of your findings. Tim Shields Public Works Director Town of Kernersville, NC 27284 336-996-6916 From: Paul [mailto:paul@pm-development.com] Sent: Friday, March 23, 2007 3:53 PM To: Tim Shields; Russell Radford, P.E. Subject: Carrollton Environmental Issues Tim/Russell, First, thank you both for your interest in helping us resolve this permitting issue. As I said, the issue is a surprise to us because we understood just as you both do that cumulative impact concerns were already resolved through the Abbotts Creek permitting process. The brief summary is that in requesting PCNs for the first two sanitary sewer creek crossings at Carrollton we are in a delay as we prepare additional information addressing planned mitigation of cumulative impacts. We are trying to satisfy DWQ in Raleigh and avoid individual certification of the crossings, which will result in a public comment period and further delay. Based on the conversation we had yesterday with Daryl Lamb of DWQ, Mark Taylor with Ecologic (our environmental consultant from Greensboro) created the list below of information that we think is needed and who would have that information. I've copied out the entire list with which includes PM and Gupton's next steps so you can see what we are pulling together. We do expect a letter from Daryl Lamb further clarifying the need list for resubmitting the PCN. Tim, after talking with you, it appears that all items under Town of Kernersville are already in place, and most likely already in the hands of DWQ in Raleigh from when the Abbotts permit was completed. From my interpretation, the only thing that may need further clarification pertains to item 6, and that is because WQC 3631 just came out this past Monday, March 19. It is attached. Otherwise, depending on how we proceed we may need to pull together hard copies of this documentation to include in our submittal. Our goal is to get our items resubmitted by the end of next week. If we need to get together early next week, I am 1 of 6 3/28/2007 1:14 PM FW: Carrollton Environmental Issues available at your convenience either in person or by telephone to address other strategies to solve this issue. Again, the list of items we derived from our meeting with Daryl Lamb are listed at the bottom of the message. Thanks again for your assistance. It is truly appreciated. I am thankful to have you both willing to assist us and being as responsive as you have already been. Sincerely, Paul Paul Williams PM Development 501 Shepherd Street Winston-Salem, NC 27103 336.659.9503 Office 336.659.9504 Fax 336.399.8154 Cell paul(a~pm-development.com Items to PM Development 1. Address in writing any legal restrictions (deed restrictions, restrictive covenants, etc.) on future land transfers with emphasis on limitations on 1) impacts to jurisdictional waters, 2) watershed protection, 3) compliance with local and state erosion control and stormwater management requirements, etc. 2. Address status of zoning approvals, special use permits, conditional uses, and any other special conditions imposed by the local planning authority. 3. Explain in more detail what PM's role is and how PM will influence future development of the project. 4. Explain the status of additional property acquisition beyond what is currently controlled (249 acres?). 5. Clarify what acreage should be included in this application (probably only that which is currently owned and has been given a formal jurisdictional determination by the Corps). The goal here is to assure and convince DWQ that PM has adequate controls in place to assure that future project development won't exceed proposed impacts or violate current permits and certifications, and that future changes in current plans will be brought to the attention of local and state agencies for permit modifications as needed. Town of Kernersville 1. Provide complete documentation of the "comprehensive environmental review" referenced in the letter from Tim Shields dated February 27, 2007. 2. Provide correspondence from DWQ regarding the environmental review and their acceptance of it. 3. Provide complete documentation of any resulting agreement(s) with DWQ. 4. Summarize conditions of the agreement with DWQ relative to cumulative impacts to jurisdictional waters, watershed restrictions and stormwater management in the basin, with citations of document page and paragraph. Provide complete documentation of local watershed protection and stormwater management ordinances and explain how the local ordinance is at least as stringent as applicable state watershed protection and stormwater management rules. 6. Explain how the local ordinance(s) address(es) additional stormwater management BMP's required in water supply watersheds by DWQ in WQC 3631 (Condition 4) (attached). Note deviations from those requirements if any. 2 of 6 3/28/2007 1:14 PM FW: Carrollton Environmental Issues 7. Explain review procedures for stormwater plan approval (and provide procedural documentation if available). 8. Explain any caps on impervious area associated with the project, project-specific zoning, water supply watersheds, and/or the Abbott's Creek basin. The goal here is to assure and convince DWQ that local ordinances and/or prior agreements with DWQ will protect state waters by meeting or exceeding their requirements so they will yield to the Town of Kernersville and the W-S Regional Office (Daryl Lamb or equivalent) without requiring further analysis or a more rigorous Individual Certification. Gupton & Assocs. 1. Prepare afull-size "Master Plan" showing conceptual development of the entire project, even though there is no specific plan. Make some assumptions in collaboration with PM and present them as the current conceptual plan. 2. Explain limits on impervious area and how the project will allocate impervious area to stay within those limits. 3. Assign land uses to each phase or tract along with maximum impervious area and maximum stormwater management area required. 4. Show stream buffers and a stormwater management area in each area as scaled corridors or polygons to match the designated area requirements. 5. Note that all stormwater management areas will incorporate one or more of the BMP's specified in WQC 3631 (Condition 4) and list those BMP's. The goal here is to satisfy DWQ's requirement for a plan for the project at build-out and to show that sufficient area is being set aside to accommodate watershed protection requirements. Assume a "worst case" or maximum impact scenario. i - , ~ ~ t-.. '. ~: '- -. . c- 1' i ; 3 of 6 3/28/2007 1:14 PM FW: Carrollton Environmental Issues ,ol~~~ i; j'i ~j~{~~ n ~~ ' 'i`. ~yy ~ . ~ ~~ T~ ~ t ~:. /. ~,.. 4 .A - _.. ~.. A. .__. "I'+14}33E f l4 `7 3 ~ y Y ° ~ ~ ~ ~ ~ i . ~' s ~a ~~ ~* ~ )h2~ I ::I ~1 ~~ ~ ~' I ~y R } '- yam, f~' s=c.j _l~ ~ '!c. - '~ ~ X. ~{ ~.~ _ ').x . . ~ .~ _ _ `~ ~~ ~k~. c 7:? F - j ~ C'd ~ ~ , V .. ri f `a ; `~, ,,~, _ ,~ - ' ~. ~; ~ ~ : -`~~ ,~f ~ - ra - - ~~ ~~~~ ~ ~ ~ ~~ ., ' ` '. i .aM . .:1~~ ~: e S+~c.~ 1 ~ '.Y.~J~T l~S~ C ` ` p ~ ~, fit!. ~ a ~ ~ .1, j ~!v~, ' ~ ~ f ~ .. ( ~~ ~ ~ ~4Z x _~_ ~~R _ _ [~ . n~ . ,.; . _ , i i , t; ~. u ._ .. ~, l 2-'~i ='S- ~, ,~_ ~rs~ ~~ 4 of 6 3/28/2007 1:14 PM . ;4,~.,,, v , ,yY.., FW: Carrollton Environmental Issues 5 of 6 3/28/2007 1:14 PM FW: Carrollton Environmental Issues Content-Description: DSCN0137.jpg-' DSCN0137.jpg Content-Type: image/jpeg Content-Encoding: base64 __ Content-Description: DSCN0133.jpg `DSCN0133.jp~ Content-Type: image/jpeg Content-Encoding: base64 6 of 6 3/28/2007 1:14 PM iComent-Description: DWQ Ian McMillan Ltr.pdf !DWQ lan McMillan Ltapdfj Content-Type: application/octet-stream Content-Encoding: baseti4 n7TIlT T/"+ Y~rO~q~irT.C,~~?~~~'~`~' Marvin W. Davis, Town Manager l-Vl~Lll. /-" ~L~i T3moth G. Shields, Director P.©. Box 728 720 McKaughan Street Kernersville, N.C. 27285-0728 Telephone (336} 996-6996 Fax (336} 996-4059 February 27, 2007 Mr, Ian McMillan, Environmental Specialist I11 401 ~versigh# and Express Permit Unit NCDENR -Division of Water Quality 1617 Mail Service Center Raleigh, Norkh Carolina 27699-1617 Subject: Permitting for Proposed CarroNtan Sanitary Sewers PM Development Town of Kernersville, NC dear Mr. McMillan: Information has come to our attention that your agency has concerns about possible secondary and cumulative impacts related to the proposed extension of sanitary sewer lines to serve the Carrollton Development. Carrollton is a development project located in the southern portion of the Town of Kernersville's corporate boundary. Extension of the proposed gravity, sanitary sewer lines will indeed provide service to the Carrollton project and potentially to additional properties not included in the subject project. However, all of the area potentially served by the Carrollton sewer extension was previously considered as part of an amendment to the 201 Facilities Plan Amendment for the Greater Winston-Salem Facilities Plan for the Town of Kernersville Service Area. The review process conducted by the Division of Water Quality (DWQ) for the referenced 201 amendment included a very comprehensive environmental review of secondary and cumulative impacts, which concluded with the issuance of a Finding of No Significant Impact. See Attached documentation. We believe your concerns have already been addressed based upon actions taken by the Town of Kernersville and the City/County Utilities Commission (CCUC} as part of the 201 amendment process. The Town has implemented all measures and actions as expressly directed by DWQ. We ask that your review consider steps already taken to minimize potential secondary and cumulative impacts. If you have any questions, please do not hesitate to give Russell Radford or myself or a call. Sincerely, ~/~~ Timothy G. Shields Public Works Director c: Russell Radford, Town Engineer Mark Taylor, Ecologic Attachments ~..._ February 28, 2003 Mr. Randy E. McCaslin, Town Manager 'Town of Kernersville Post Office Box 728 Kernersville, North C~-olina 27285-p72$ SUBJECT; 201 Facilities Plan Amendment for Greater Winston-Salem Facilities Plan Town ofKernersville Service Area _. Project No. CS37057I-02 Dear Mr. McCaslin: '~ ~`~ ~ ~~ {,~. ~' ~~ <, ~- ~q ; 4s A~ i • :n - The Construction Grants and Loans Section of the Division of Water Quality has completed its review of the town of Kernersviile 2pl Facilities Plan Amendment. consists of Phase 1 improvements within the Dee The project ~ntercep#or, 24001.f. of 15-inch interceptor, and 33 0 l.E of I2- nch interce8t0or sew f 18-inch the West Fork Deep River; 33001.E of 12-inch interceptor and 2$00 Y.f. of 8--inch rote hne along sewer line extended west to N.C. 66; the new I.06 million gallon er da rceptor p y (MGD) Twin Creek pump station; and 73001,f. of 12-inch force main sewer and SOOO I.E of I8 inch interc ,tor gravity sewer line that wi11 transport. flow from the new Twin Creek pump station and tie i new phase 2 interceptor along Abbotts Creek. Phase 2 will consist of improvements in th nto the Abbotts Creek and Muddy Creek basins including 52001.f. of 30-inch interee for and 9 of 27-inch interceptor sewer line tribut e ary to a new 6.94 MGD Abbotts Creek pump station; 19,000 l.E of 20-inch force main sewer; and 6900 l.f. of 36-inch int p 700 l.E 30-inch interceptor sewer along the South Fork Muddy Creek to tie into the ans t n~OCJl'f. of Road interceptor sewer. g um Tree The subject town of Kernersville 201 Facilities Flan .Amendment is hereb a rov Y pp ed. nts and Loans Section w4v.nccgl.net 1 E33 Mall Service Center Raleigh, NC 27699-163,3 {919) 733-69pp FAX (919) 715-6228 Michael F. Easley. Governor North Carotins Department of Environ~irmlen and Natural ~E~~SO~~ S Alan W, fclimek, pcE., Director Division of Water Quality r~~!~, Customer Service _ _ ..r ~, ~.~~-~ f :_ 2 If You have any questions concerning this matter, please contact Mr. Larry Horton, P.E. of our staff at {919) 715-6225. 'John R. Blowe, P.E., Chief Construction Grants & Loans Section KLH:dr ca Tim Shields, Town of Kernersville Russell Radford, P.E., Town of Kernersville Michael L. Siusher, P.E., Davis-Martin-Powell & Associates Steve 1Vlauney, DWQ VVinstor%Salem Regional Office Daniel Blaisdell, P.E. .Amy Simes, P.E. DMU/FEU/SRF -~ ~lBLIC WORK5 3369964059 02!26 '03 12:03 N0.753 02/02 i16-2d09 13:39AM FROM-Canst~uatian Grants And lawns 9197156229 T-209 P.O01/001 F-21~ . ,, ~ ~ rr-,,, .,~;.. ~vrt~. ~>~urolina ~3epa~~me~n~ of ,~.dmi~i~~'~t~an NSic~teel >±, F..aslay, dov~nnor 4w~+ T. Swi»,~n, Secretary FOb~~y 26, 2003 Mr, ~.arry I~artatt NC T1ept ofEmv. & Nat. Rosources po~clt4 fax Note ~sz~ ~atcZ•i'G•~~ as~S~,a- l~lv 8f'gV~x' Qil~~'~y/~0219~• ~e21f6 ,gyp •~ ~~ arorn Pasllc~ar•Litscain Huildsag 1+33 MSC co.N,pt.~ ~ Co. ~, Re1.8ig1y NC 27604 Atwns • Phone s - (~ ,~ ~. Fax a Kex It .. IaCax Mr. ~QItOIi.: Rc~ SCH bile # 03,E-x300-OZ08; Enviranm~atal. A,ssessme~iztc'~ri~ WEND S~g~`icazrt Impact; Town of KeJ~e~sville-ImpmVeraen'~ and Jnste~llatian of "4V'astewater Collection and Txanspart FaciUties ~ the Deep Rivear, ~,,bbotts Creek, and N.luddy Cra~cic HaSin areas, The al3ave referenced eavixoumcr~tal iut<paf~ iafoztttation has Taee~n rcviewcd'$h the State ~` Cldnrriuugltotteeudderthe pmviaions of the NcYrth Caxal~,a'~aavironmenrtal 1'olioy A,ct. I3o aoraments were merle by anly st~tlze/Ioaai agencies is the course of flats re`-iew. Tl>ezefare, no fiutlrcx Qnvironr,aenttti review aatioa an your Bart is xequired for the aomplia:ies with the .Act. 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