20041764 Ver 2_More Info Letter_20061019

O~OF wHT~i9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
t- North Carolina Department of Environment and Natural Resources
7 ..I
Q '~(' Alan W. Klimek, P.E. Director
Division of Water Quality
October 19, 2006
DWQ Project # 04-1764, Ver. 2
Wake/Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Karl Blackley
MBV Investors, LLC
100 Weston Estates Parkway
Cary, NC 27513
Subject Property: Shiloh Crossing
UT to Stirrup Iron Creek [030402, 27-33-4-2, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Blackley:
On September 12, 2006, the Division of Water Quality (DWQ) received your application dated
September 11, 2006, to impact 0.469 acres of wetland and 281 lineaz feet of perennial stream,
22,155 square feet of Zone 1 protected Neuse River basin riparian buffers, and 16,084 squaze
feet of Zone 2 protected Neuse River basin riparian buffers to construct the proposed commercial
development. On October 5, 2006, the DWQ received additional information from you,
however, the DWQ has determined that your application remains 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 towazd 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:
Per page 78 of the NCDENR Stormwater Best Management Practices, dated April 1999,
and page 3-98 of the NCDENR Undated Draft Manual of Stormwater Best Management
Practices, dated July 2005, "Width of frlter strip perpendicular to flow should be at least
100 feet for every acre of drainage area." Please clearly delineate the drainage areas
within the components of your stormwater BMPs, and provide the acreage drainage
calculations (including slope) to justify that the 50-foot Neuse River protected ripazian
buffer is wide enough to be utilized as the forested filter strip component of your
proposed stormwater BMPs. However, if your analysis does not meet these design
N~`"hCarolina
401 Oversight/Express Review Permitting Unit ~a~uCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet:h_ttp://h2o.enr.state.nc.us/ncwetlands
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MB V Investors, LLC
Page 2 of 2
October 19, 2006
standards, you may want to convert the wet detention basins to constructed wetlands as
previously suggested in our correspondence to you dated September 22, 2006.
2. Please provide a signed and notarized Operations and Maintenance agreement for your
proposed stormwater BMPs.
3. If it is determined that the 50-foot Neuse River protected riparian buffer is wide enough
to be used as the forested filter strip component of your proposed stormwater BMPs, this
area must be protected in perpetuity under a legally binding agreement (restrictive
covenants) as approved by the DWQ. And if this area is not wide enough to serve as the
entire required forested filter strip component of your stormwater BMPs, it will still need
to be protected in perpetuity under a legally binding agreement (restrictive covenants) as
approved by the DWQ, as well as the balance of the entire BMP system, maintenance
notwithstanding.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
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.
Sincerely,
^~~ I
~~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Eric Kulz, DWQ Raleigh Regional Office
Cynthia Van Der Wiele, DWQ Central Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd St. John, Kimley-Horn and Associates, Inc., P.O
Box 33068, Raleigh, NC 27636-3068
Filename: 041764 Ver2shilohCrossing(W alce_Dorha m)On_Hold2