20072046 Ver 1_More Info Letter_20080529

0? W ATF9P Michael F. Easley, Governor
p William G. Ross Jr., Secretary
t-- North Carolina Department of Environment and Natural Resources
y
Q ^? Colleen Sullins, Director
Division of Water Quality
May 29, 2008
DWQ Project # 07-2046
Brunswick County
CERTIFIED MAIL: 7008-0150-0002-2652-3234
RETURN RECEIPT REQUESTED
Funston Land and Timber, LLC
Attn: Mr. Fleming Gibson
1007 Evangeline Drive
Leland, NC 28451
Subject Property: Brunswick Forest Subdivision Phases 3 & 5
Brunswick County
REQUEST FOR MORE INFORMATION
Dear Mr. Gibson:
On December 11, 2007, the Division of Water Quality (DWQ) received your Pre-Construction
Notification application with additional information received on April 15, 2008, to fill or otherwise
impact 0.335 acres of 404 Wetlands and 298 linear feet of stream to construct the proposed residential
subdivision. 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 at the DWQ central office, we will have
to recommend moving towards 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.
Additional Information Requested:
1. The submitted mitigation plan states that 1.27 acres of uplands will be restored. These uplands
were listed as 404 wetlands in the prior jurisdictional determination from 2001. Provide evidence
that the applicant did not drain these upland areas via the constructed ditch in the previous 7 years.
2. Provide "as built" cross sectional details for the impacts already constructed showing the provisions
for aquatic life passage.
Since there are impacts to greater than 150 feet of perennial stream for this project, mitigation is
required for DWQ. The application states that the mitigation requirements will be met by paying
into the NCEEP for 298 linear feet of stream. The acceptance letter from NCEEP expires on June
4, 2008. Please submit a new acceptance letter from NCEEP upon expiration.
4. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance with
permit conditions including the sedimentation control plan, self-monitoring, record keeping and
reporting requirements are required. A copy of this permit and monitoring report forms may be
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Natur,71111
Brunswick Forest Phases 3 & 5
2007-2046
Brunswick County
found at htip://h2o.enr.state.nc.us/su/Forms Documents.htm. Please provide a written narrative
explaining how you intend to comply with this Permit and who will be delegated to inspect the site
and maintain required rain gauge and monitoring reports. During a site visit on May 29, 2008, by
the DWQ several areas of possible non-compliance with the NCGO 10000 permit were noted
pertaining to turbidity. Explain what measures are being taken to keep the site in compliance with
the North Carolina Turbidity Stream Standard.
Please be advised any proposed bottomless culverts must include submittal of a signed and sealed
(by a Professional Engineer or Professional Geologist) geotechnical investigation of subsurface
soils which directly complies with the DIVISION OF HIGHWAYS - GUIDELINES FOR
DRAINAGE STUDIES AND HYDRAULIC DESIGN, PREPARED BY A. L. HANKINS, JR.,
P.E.STATE HYDRAULICS ENGINEER -1999
(http://www.ncdot.ora/doh/PRECONSTRUCT/HIGHWAY/hydro/g10399web/pdf/guidelines pdf ),
which states, "When a shallow (3-5 foot max. depth) non-erosive rock foundation is found
throughout the proposed site, the structure can be built on footings without a bottom allowing
retention of the natural channel bed." The Geotechnical Unit must confirm the foundation
acceptability prior to final selection of the "bottomless" culvert." The non-erosive rock foundation
is necessary to minimize stream disturbance during construction, and to prevent scour and
differential settlement. The culverts must safely provide conveyance of the design storm event,
must be economical to construct and maintain, and should maintain low flow channel and promote
retention of bed material. There must be a minimum of 50 feet between borings and 50 blows in
less than 6" penetration per ASTM.
6. Please revise the Pre-Construction Notification application to reflect any revised impacts as
referenced above and any amount of streams and/or wetlands already impacted. Also, revise the
application to reflect changes in the type of DA permit required or any other changes as necessary.
Respond within 30 calendar days of the date of this letter. If we do not receive the above requested
information within 30 calendar days of the date of this letter, 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 me at 910-796-7215 or 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,
& Z d4l
Chad Coburn
Senior Environmental Specialist
cc: Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Kim Williams - Land Management Group, Inc., P.O.Box 2522, Wilmington, NC, 28402
Molly Ellwood - NC Wildlife Resources Wilmington
Central Files
WiRO