20051360 Ver 2_More Info Letter_20051028

~QF W ATF9Q Michael F. Easley, Governor
~Q ~i William G. Ross Jr., Secretary
Cq ~ North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
October 28, 2005
DWQ Project # OS-1360, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Russ Overton
Town of Cary
P.O. Box 8005
Cary, NC 27512
Subject Property: Town of Cary Morrisville Parkway Extension
Hatchett Creek- Crabtree Creek [030403, 27-33-(1), C, NSW] 303d
REQUEST FOR MORE INFORMATION
Dear Mr. Overton:
On October 14, 2005, the Division of Water Quality (DWQ) received your application dated October 14,
2005, to impact 0.47 acres of wetlands and 10,885 square feet of Neuse River Basin riparian buffer (5,820
square feet Zone 1 and 5,065 square feet Zone 2) to construct a bridge over Hatchett's Grove tributary.
'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 the
additional information requested below, we will have to move- toward 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:
As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will cause
a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing your plans,
as well as, in conversations with yourself and other personnel with the Town of Cary, it is clear that
construction of this road (connecting Carpenter Upchurch Road and Davis Drive) will result in
additional development to several tracts that will then gain road access. In addition, it appears that
several of these tracts will require additional wetland, stream and buffer impact in order to get full
access. With respect to cumulative impacts, the Preconstruction Notification (PCN -Section XIV)
form for the project asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes or No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o. enr. state.nc.us/ncwetlands."
401 Over;ight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N~1e Carolina
~turally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Town of Caryl
Page 2 of 2
October 28, 2005
Although, the "No" box was checked in regards to this question, as stated above, in reviewing your
plans, as well as, in conversations with yourself and other personnel with the Town of Cary, it is clear
that construction of this road connecting (Carpenter Upchurch Road and -Davis Drive) will result in
additional development to several tracts that will then gain road access. While this may be accurate,
clearly there will be additional stream impacts in order to develop the adjacent parcels and the
stormwater from these developments have the may cause a violation of downstream water quality
standards.
Therefore, we will place this project on hold for incomplete information until the cumulative impacts
of this project are adequately addressed. Additionally, since the stream to be impacted is an EPA
designated 303d impaired stream, a "qualitative or quantitative cumulative impact analysis' must be
performed. Alternatively, one way to address this concern is to have the Town of Cary commit to
requiring on-site stormwater management measures (such as level spreaders, bioretention or
constructed wetlands) for the additional development when those parcels are developed (as these
areas are also within a Nutrient Sensitive Waters (NSW) watershed. However, the Division is open to
other approaches that would give us the assurance that downstream water quality would be protected
from the cumulative impacts of this project.
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,
(~
Cyndi Karoly, Supervisor
401 OversightlExpress Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Michael Babuin, Town of Cary, P.O. Box 8005, Cary, NC 27512
Filename: 051360 Ver2TOCaryMorrisvillePkwyBridgeExt(W a ke)On_Hold

DWQ OS-1360 Ver 2 Town of Cary Morrisville Parkway Extension
Subject: DWQ OS-1360 Ver 2 Town of Cary Morrisville Parkway Extension
From: Laurie Dennison <[e-mail]>
Date: Mon, 31 Oct 2005 07:06:59 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information related to
your recent application. Please note that this message is being forwarded to you
electronically so that you may expedite preparation of your response. Please do not send your
response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All
response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits
Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted.
051360Ver2TOCaryMorrisvillePkwyBridgeExt(Wake)On_Hold.doc
Content-Type: application/msword
Content-Encoding: base64
1 of 1 10/31/2005 7:09 AM