20020145 Ver 1_More Info Letter_20020508

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DIVISION OF WATER QUALITY l
May 8, 2002
CERTIFIED MAIL:
Return Receipt Requested
Kelly West Associates, LLC
Registered Agent: Tom Mckay
1152 Executive Circle
Suite 105
Cary, NC 27511
David Sigler -Manager
Kelly West Associates LLC
201 Scotts Ridge Trail
Apex, NC 27502
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Kelly West Residential Subdivision
DWQ Project # 02 0145
Wake County
Dear Sirs:
The Division of Water Quality has reviewed your after-the-fact Certification
Application for the previous discharge of fill material into approximately 775 feet of an
unnamed tributary to Beaver Creek, Cape Fear River Basin, 0.5230 acres of wetlands. In
addition to this previous impact, your application requests an additional 66 feet and 0.3465
acres of wetland fill. This office wishes to thank you for the response to the March 13, 2002
additional information request regarding these matters.
Subsequent to the review of additional information submitted to this office, staff
concerns and questions remains. That is, insufficient evidence is present in our files
(including the additional information provided within your response to the March 13, 2002
letter) to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will continue to place this project on hold as
incomplete until we receive this additional information. We are requesting (by copy of this
letter) that the U. S. Army Corps of Engineers place your project on administrative hold.
In response to the March 13, 2002, additional information request, Soil and
Environmental consultants provided a response that included a color coded map dated
August 7 2000 developed by Jones and Cnossen Engineering PLLC for Kelly West
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.ne.us/newetiandat
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Subdivision. Accordingly, after review of this map and the respective cover letter the
following questions remain:
1) Please clearly indicate the total area of fill for each of the previously impacted
areas and those areas that are proposed to be impacted. Also, please indicate
the location and area of the wetlands to be placed in a conservation easement.
2) Please provide details of how lots 204, 205, 206, 207, 209, 210, 214, 215, 216,
217, and 218 will be built such that additional wetland impacts, including
impacts to the wetlands to be placed in a conservation easement, will be
avoided. Specifically, please depict the footprint of the house and the
driveways for each lot.
3) Please provide an explanation of how the wetlands located in lots 204, 205,
206, 207, 209, 210, 214, 215, 216, 217, and 218 will be placed in a
conservation easement when the wetland is located within a single family lot.
4) In a letter dated March 5, 2002, the US Army Corps Engineers indicated that
the subject development may be related to an adjacent residential development
know as Greenbriar Subdivision. Please note, if US Army Corps of Engineers
determines that these projects are not separate this office will require you to
submit an account of impacts for both tracts. This information will be
required in order to complete a review of your project.
Please respond, in writing, both to this Office (attention Danny Smith) and to Steve
Mitchell at the Raleigh Regional Office, 3800 Barrett Drive Raleigh, NC 27609 within three
weeks of receipt of this letter outlining your intent to proceed with this project or withdraw
your application. If you wish to proceed, please be sure to address the items listed above.
Also, if merited, this office or the R.RO will be happy to coordinate a follow up site visit or
office meeting with S&EC once this above-mentioned information is provided.
You are reminded that the Raleigh Regional Office is considering whether to issue a
Notice of Violation for violations observed on this tract. A recommendation for enforcement
action with the possible assessment of civil penalties of up to $25,000.00 per day, per
violation may occur as a result. Your response to this letter will be considered in this
decision process. If you have any questions regarding this matter, please contact Mr. Danny
Smith of the Central 401/Wetlands Unit Office at [phone], or Mr. Steve Mitchell at
[phone].
Sincerely,
John Dorney
cc:
Amanda Jones, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
Sean Clark, Soil and Environmental Consultants, PA, 11010 Raven Ridge Road,
Raleigh, NC 27614