20072096 Ver 1_More Info Letter_20080130

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 30, 2008
DWQ# 07-2096
Forsyth County
CERTIFIED MAIL: 7007 0220 0004 0732 6530
RETURN RECEIPT REQUESTED
Mr. Gilbert Rockson
Piedmont Properties of NC No. 2, LLC
PO Box 4573
Greensboro, NC 27404
Re: Section 401 Water Quality Certification for the Fearrington Forest Subdivision
Dear Mr. Rockson:
On December 18, 2007, the North Carolina Division of Water Quality (DWQ) received your application fora 401 General
Water Quality, to impact 230 linear feet of two unnamed tributaries to Tomahawk Creek in Forsyth County in order to
construct the Fearrington Forest Subdivision. Additional information is required in order that we may determine your
project's compliance with 15A NCAC 2H .0500. The DWQ will require this information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, we will place this project on
hold as incomplete until we receive this additional information, and if we do not receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506. Please
provide the following information so that we may continue to review your project.
On January 28, 2008, Sue Homewood from the DWQ, in the presence of Michael Gizinski, agent for this project,
conducted a site visit and performed intermittent/perennial stream determinations. The unnamed tributary
identified as Site 1 crossing, was determined to be a perennial stream based on the DWQ's stream rating protocol.
Based on the results of this determination 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.
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 Oversight/Express 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. 27~~9-671.4.
This determination is final and binding unless you ask for a hearing within 60 days. NothCarolina
Jl afurally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office ~i'inston-Salem, NC 27107 Fax [phone] I-877-623-6748
Internet: www.ncwaterquality.org
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Mr. Gilbert Rockson
Fearrington Forest Subdivision
January 30, 2008
Page 2
During the site visit, Ms. Homewood discussed mitigation options with Mr. Gizinski. One option that was
discussed was to meet mitigation needs by permanent preservation of remainder of the streams within the rest of
the project boundary. To qualify as mitigation, streams to be preserved must be surrounded by a 50 foot wooded
buffer on all sides. The streams and buffers must be held within common area of the subdivision and protected in
perpetuity through legal means (conservation easement, deed restrictions, etc). Some additional vegetation
planting and/or invasive plant removal may be required to enhance the existing buffers. Please note that there are
other mitigation options available to you to compensate for the impacts to the streams on this project. Please
provide a detailed mitigation plan for the impacts proposed in this project.
3. Please provide a profile view and cross section of the proposed stream culverts. Please also submit detailed
drawings indicating pipe burial and pipe alignment. Please note that for the double pipe culvert, the DWQ will
require that one pipe be aligned and buried for passage of base flow conditions and one pipe should be aligned
and elevated for flood flows only.
4. The application the DWQ received was not signed on Page 12 of 12. Please submit a properly executed page 12
of the application form.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this information to Sue
Homewood at the address on this letterhead, and a copy to Ian McMillan N. C. Division of Water Quality, Wetlands/401
Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you will not be able to provide the requested
information within that timeframe, please provide written confirmation that you intend to provide the requested
information, and include a specific timetable delineating when the requested materials will be provided. If we do not hear
from you in 30 calendar days, we will assume that you no longer want to pursue this project and we will consider the
project as returned.
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. If you have any questions, please contact Sue Homewood, DWQ, Winston-Salem Regional Office, at 336-
771-4964 or [e-mail].
Sincerely,
f~=---~
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Michael Gizinski, Gizinski Surveying Co. 727 Gales Ave, Winston-Salem, NC 27103-3701
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit
DWQ Central Files